HomeMy WebLinkAboutMiscellaneous - 294 CHESTNUT STREET Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MmsDEPFile#:242-1631
L I WPA Form 5-Order of Conditions eDEP Transaction#:704873
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fovai NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. r 00C b.r Amended OOC
3.Applicant Details
a.FiruName KEITH&LYNN b.LastName WENTZEL
c.Organiaauen
d Mailing Address 294 CHESTNUT STREET
e.City/ro NORTH ANDOVER f State MA g.Zip Code 01845
4.Property Owner
&FiraNnme KEITH&LYNN b.Last Name WENTZEL
Q Organi cannon
'd Mailing Address 294 CHESTNUT STREET
z City/ro. NORTH ANDOVER Estate MA g.Zip Code 01845
5.Project Location
&Street Address 294 CHESTNUT STREET
b.Cuy/ cen NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Platt 98C e.Parcel/Lott 55
E Latitude 42.67226N g Longitude 71.11272W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 1946 36
7,Dates
a Date NOl Filed: 10/142014 b.Data Public Hearing Closed: 11/19/2014 c.Date Of Issuance: 12/42014
8.Final Approved Plans and Other Documents
a.Plan Tide: b.Plan Prepared by: n Plan Signed/Stamped by: d.Revised Final Date: a Seale:
PLAN TO
ACCOMPANY WILLIAMS& RICHARD L.WILLIAMS,P.E. December 1,2014 P`=10'
NOTICE OF SPARAGES
INTENT
LANDSCAPE PLAN LANDSCAPERS
DEPOTLISEMCNAUGHTON July 7,2014 1/8-1'
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands M=DEP File#:242-1631
LO WPA Form 5-Order of Conditions eDEP Transaction#:704973
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
Cityfrown:NORTH ANDOVER
a dy dredged f dy&edged
7.r Bordering Land Subject to Flooding
a square feet I.square feet c.square feet d.square fee[
Cubic Feet Flood Storage
e.wbic feet fcubicfre[ gcubic feet h.cubic feet
S.r Isolated Land Subject to Flooding
a square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic fat e.cubic feet f.cubic feet
9.r Riverboat Ansa
a total sqfeet I.total sq.feet
Sq it whltin 100 it
c square fat d.squaw feel e.square feet f square feet
Sq it between 100-200 ft
g.squme-feet h.square fee[ i.square feel j.squaw fee[
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designumd PortAreas Indiana size under Land Under the Ocean,below
11.r Land Under the Ocean
a.squarefmt b.square feet
a dy dredged d.dy dredged
12.r BsniaBachea Indicate sus under Castel Beaches and/or coastal nurses below
13.r Coastal Beaches
a.square feet b.square feet c.dy neuristunera d.dy nourishment
14.r Camfd Dumas
asquare feet b.square feet c.dy nourishment d.dynomishmat
15.r Coastal Banks
ah..feet b.linear feet
16.r Rocky Imerddal Shares
a square tat b.square feet
17.r Salt Marshes
a square fat b.square feet asquarefat d.square feet
M r Lad Under Salt Ponds
a square fat I.square feet
c.dy dredged d.dy dredged
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0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1631
WPA Form 5-Order of Conditions eDEP Transaction#:704873
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cay/fown:NORTH ANDOVER
until all proceedings before the Department have been completed.
9. No work shall be undertaken wail the Order has become final and than has been recorded in the Registry of Deeds or the land
Court for the district in which de land is located,within the chain of tide of the affected property.In the case of recorded land,
the Final Order shall also be noted in the Real says Gunnar ar Index under the name of the owner of the land upon which the
proposed work is m be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Tide of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form atthe end of this Order,which form most be stamped by the Registry of Deeds,
prior m the commencement of work.
10. A sign shall be displayed atthe site not less then two square fed or mom than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or NIMDEP"]
File Number:"242-1631"
11. Wherethe Department of Environmental Protection isrequestd to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described beret.to applicant shall submit a Request for Certificate ofCompliance(WPA Forth
8A)to the Conservation Commission.
13. the work shall eardrum to are plans and special cordiGons referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire ofthe Conservation Commdssion
m writing wbedw the change is significant cnoughm require the filing of anewNotice of Intent
15. The Agent or members ofthe Conservation Commission and the Depatment of Environmental Protection shill have to right
enter and tspectte area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of my data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply many successor in interest or successor in control of the property subject to this Order and
to any contractor or oder person performing work conditioned by this Order.
17. Prior s the start of work and if the project involves work adjacentto a Bordering Vegetated Welland,the boundary of the
wetland in the vicinity of se proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until aCea ficate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repanhmtl all disturbed areas have been frilly stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During coushudion,the applicant or his/her
design=shall msp ss:to erosion controls on adaily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems did occur at the site and shall also immediately notify the Conservation
Commission,which reserves thengha to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation hands;shall serve as the limit ofworkunless anotherrlhna of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Projed)is(1) r— is not(2)r subject to the Massachusetts Smrmwater Standards.
If the work is subjects Strmassur Standards,then the project is subjects the following conditions;
a) All work including site preparation,land disturbance,construction and redevelopment shall be implemented in accordance
with the construction period pollution prevention and erosion mid sedimentation emitted plan and,if applicable,the
Sterimm er Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Ssrtnwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
bah management practices(BMPs)shall rencom in place add the she is fully stabilized.
b) No smrmwater mroffmay be discharged m the post-construction smrmwater BMPs unless and wail a Registered
Professional Engineer povides aCer[ification that:4 all consuacdon period BMPs have been removed or will be renewed by
a date certain specified in the Certification.For my construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or armament,the conversion w allowed by are MassDEP Stormwater
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LOMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File N:242-1631
WPA Form 5-Order of Conditions eDEP Tnansectionq:704873
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CKpTown:NORTH ANDOVER
stomnwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlifepassage.
Special Conditions:
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F Yes r No
2. The Conservation Commission he eby( h k me thatapplies):
a. r DENIES the proposed work which cannot be conditioned
meet the standards set forth in a municipal entranceorbylaw
specficalb:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on thus project may outgo forward unless and amid a revised Notice of Intent is submitedwhich provides
messures which are adequate to meet these standards,and afmal Order or Conditions is issued Which are necessary to
comply with a municipal ordinance or bylaw:
b. F APPROVES the proposed work,subject to the following
addsionad conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw 01 LANDS ON 2.Citation CHAPTER 178
BYLAW
3. The Commission orders this all work shall be performed in accordance with the following conditions and with the Noficeof
Imentreferenced above.To the indent that the following condition modify or differ from the plans,specifications,or o0ier
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
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U Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#242-1631
WPA Form 5-Order of Conditions cDEP Transection#:704873
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityfown:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds of the Land Court for the district in which the land is located,
within the chain ofti0e ofthe affected property.In the case ofrecorded land.the Final Order shall also be noted in the Registry,
Grantor Index under the name ofthe owner ofthe land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Cowl Certificate fTide ofthe owner ofthe land subject to the Order ofConditiore.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry ofD=ds and submitm the Conservation Commission.
............................................................................................................................................................................
To:
NORTH ANDOVER
Cmnexvatron Cour ousion
Please be advised that the Order ofConditioos for the Project at:
294 CHESTNUT STREET 242-1631
Project Location MassDEP File Number
Has been recorded at the Registry ofIDmds of
County Book Page
for.
Property Owner KEITH&LYNN WENTZEL
and has been natal in the chain of title ofthe affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Data
Ifreconled land,the intsWment number identifying Us transaction is:
Instmmea Number
If registered IaM,the docwnent ruunber identifying dus transaction is:
Document Number
Signature of Applicant a«.a�noio
Page 9 of9ELECTRONIC COPY
DEP FILE H 242-1631
Landscapers Depot
59 Route 125
Kingston, NH 03848
Title: Landscape Plan Wentzel Residence
Date:July 7,2014
Other Record Documents: Letter from Greg Hochmuth
Re:294 Chestnut Street-Tax map 98C, Lot 55
DEP File Number-242-1631
22. The term"Applicant' as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23.The conditions of this decision shall apply to,and be binding upon,the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein,and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25.This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However,the
NACC,agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions,the Act (310 CMR 10.00),the North Andover Wetland Bylaw and
Regulations,and may require any information, measurements,photographs,
observations,and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC,agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26.This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes,ordinances,by-laws
or regulations.
27. The work authorized hereunder shall be completed within three year from the date of
this order.
242-1631,Chestnut Street 294 OOC Special Conditions 2 NACC 12/42014
DEP FILE#242-1631
36. This document shall be included in all construction contracts,subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage.
PRIOR TO CONSTRUCTION
38. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
39.This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land,the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts DEP,File Number 242-1631."
41. Any other changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the NACC
for approval prior to implementation. If the NACC finds said changes to be
significant,the NACC will call for another public hearing (at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
242-1631,Chestnut Street 294 OOC spccial Conditions 4 NACC 12/42014
DEP PILE#242-1631
conditioned on the completion of all conditions hereof, shall be signed by a party or
parries satisfactory to the NACC,and Town Counsel,and shall be released after
completion of the project, provided that provisions,satisfactory to the NACC,have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
48. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted,due to an emergency at the site,during any 24-hour period,including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes.The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
49. At least once during each week in which construction activities occur on-site and for
as long thereafter as ground remains un-stabilized, the applicant shall submit a
written report with photos from the"Erosion Control Monitor" to the NACC
certifying that, to the best of his/her knowledge and belief based on a careful site
inspection, all work is being performed in compliance with this Order of Conditions
and that approved setbacks are being adhered to. The erosion control monitor must
visually inspect all sedimentation/erosion control measures and assume responsibility
for their maintenance on a weekly basis and that they are functioning as intended. In
addition,all wetland resource areas must be visually inspected for siltation,turbidity,
and/or other water quality impacts. The Erosion Control Monitor shall be on site
during and/or following a major storm event of 1/2-inch of rain or greater(24 hour
event)to ensure that soils remain stable,and erosion controls are adequate and secure.
50. Prior to construction or when the mitigation area is planted, the applicant shall
permanently mark the edge of the No-Disturbance Zone on all delineated wetlands
with signs or markers spaced as shown on the herein referenced plan incorporating
the following text: "Protected Wetland Resource Area' and the associated rules(1
square for every 3 round markers).The markers may be mounted to existing
vegetation or 4" x 4" pressure treated posts. These markers will designate the
sensitivity of the resource area and assure no further inadvertent encroachment into
the wetland. These permanent markers are subject to review and approval by the
NACC. The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the
242-1631,ChesMut Steel294 OOC Special Conditions 6 NACC 12/4/2014
DEP FILE#242-1631
55. Upon beginning work,the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence.
56. Dewatering activities are not anticipated or approved. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw(including the Buffer Zone). If emergency
de-watering requirements arise, the applicant shall submit a contingency plan to the
Commission for approval,which provides for the pumped water to be contained in a
settling basin, to reduce turbidity prior to discharge into a resource area.
57. At the end of each work day, all paved surfaces will be swept to prevent sediment
tracking.
58. Any fill used in connection with this project shall be clean fill,containing no trash,
refuse,rubbish or debris, including but not limited to lumber,bricks,plaster,wire,
lath,paper,cardboard, pipe, tires,ashes,refrigerators,motor vehicles or parts on any
of the foregoing.
59.All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must
be graded,loamed and seeded prior to November 1st of each year. Outside of the
growing season,exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method(as directed by the Conservation Department)
until climate conditions allow for seeding. During construction, any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of
mulch hay or other means as directed by the NACC.
60. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
61. There shall be no stockpiling of soil or other materials within 50-feet of any resource
area.
62.Washings from concrete trucks,or surplus concrete,shall not be directed to,any
drainage system, or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
63. All waste generated by, or associated with,the construction activity shall be contained
within the limit of work,and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means)at the site
242-1631,Chestnut Street 294 OOC Special Conditions 8 NACC 12/42014
DEP FILE#242-1631
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
It. A written statement from a Registered Professional Civil Engineer(and/or
Registered Professional Land Surveyor)of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer(P.E.) (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage&stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone then the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems,additions,fences,sheds, stone walls,
pools,retaining walls,subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
72. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ A variable width No-Disturbance Zone and a 50' No-Construction Zone
shall be established from the edge of adjacent wetland resource areas on lot
except in those locations approved under DEP#242-1631. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC(See Section 3.4 of the Regulations for performance
standards within these zones). The Conservation Administrator and/or
242-1631,Chestnut Sveet294 OOC Special Conditions 10 NACC 12!42014
DEP PILE #242-1631
APPENDIX A-AFFIDAVIT
L on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP orNACC number)
the North Andover Conservation Commission.
&/or
2._ I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this day of 19--
I
9_I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 191.
(Signature-authorized agent of applicant or owner)
242-1631,Chestnut Street 294 OOC Special Conditions 12 NACC 12/4@014