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HomeMy WebLinkAboutMiscellaneous - 680 FOSTER STREET 0 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands Mas0EPFile#:242-1551 WPA Form 5-Order of Conditions eDEPTmnsaetion#:469430 Massachusetts Wetlands Protection Act M.G.L.c.131,§40 Cty/TavaNORTHANDOVER A. General Information 1.Conservation Commission NORTHANDOVER 2.Issuance a f+.-I OOC b.F Amended DOC 3.Applicant Details a First Name CATHERINE b.Lest Name CLARK c.Organization d.Mailing Address 680FOSTERMEEF e.Cay/fmvn NORTHANDOVER f.State MA g.Zip Cade 01845 4.Property Omer a First Name CATHERINE b.LastName CLARK C.Organimtion d.Mai]ingAddrass 680 FOSTER STREET e City/I'o m NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address 680FOSTERSTREET b.CSty/Ibwn NORTHANDOVER c.Zip Code 01845 d.Assessors MapPlat# 104B e.Pmcel/Lot# 53 £Latitude 42.67717N gLongjwde 71.04971W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERNESSEX 1183 580 7.Dates a.Date NOI Filed:4//82012 b.DatePublicHearing Closed: 5/92012 c.Data Of Issuance:5/102012 81inal Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: PROPOSED SUBSURFACE ESS CLAYTON A MORIN 5/8/12 SEWEGE DISPOSAL SYSTEM B. Findings Page 1 of 10•ELECTRONIC COPY 0 Massachusetts Department of Environmental Protection Provided bYMassDEP: Bureau ores5- Protection-Wetlands MassDEeDEPTPFIIe#ng.'4943 WPA Form 5-Order of Conditions eDEPTrmsac6on#:469430 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fownNORTH ANDOVER 7.r Bordering Land Subject to Flooding a square feet b.square feet C.square feet d.square feet Cubic Feet Flood Storage e.cubic fee[ £cubic feet g,cubic feet IL cubic fm 8.r IsolatedLmd Subjectto Flooding a square feet b.squaretea Cubic Feet Flood Storage ccubicfed d.cubic feet ambicfeet fcubic fact 9.rRivedrontAm a total sq.feet b.total sq.feet Sgitwithin 100 ft usquarefeet TN—feet e.squarefect fsquarefea Sq R between 100-200 R g.squer &d h sq—feet i.square fat j.square feet Coastal Resource Area Impacts; Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.rDesiViated PmtAreas Indicate sGe under Land Under the Oaau,below 11.r LandUnder the Occas asquarefea b.squarefeet c.dy dredged d.dy dredged 12.r13arrlerBeacha Indicate she under Coastal Reaches""Coastal Dunes below 13.r Coastal Reaches asquarefat b.squarefeet c cly nourishment d.dynorishment 14.r C08sta1Darns a square fat b.square feet c dynorishment d dynourislment 15.r Coastal Rama a linear feet b.linear feet 16.r Rocky Intertidal Shares a square fat b.squarefat 17.r Salt Marshes asquarefset b.squarefeet c.squarefat d.square fat 18.r Land Under Salt Ponds s squarefat b.squarefea a dy dredged d.c✓y dredged 19.r Laird Curtaining shemb Page 3 of 10'ELECTRONIC COPY 0 Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection-Wellands MmsDEPFfle#:142-1551 WPA Form 5-Order of Conditions eDEP 3lmrsachon#:469430 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 C7tyfrown:N0RTH ANDOVER 9. Nowork shall be undertaken until the Orderbas become foal and then has been recorded in the Registry ofDeeds orthe land Corot for the districtin which the land is located,within the chain of tine ofthe affected property.In me case of recorded land, the Final Order shall also be noted in the Registrys Grantor Index under the name of the owner of the land upon which the proposed work ism be done.In the case ofthe registered land,the Final Order shall also be noted on the land Cour Certificate of Title ofthe o vocroftbe land upon which the proposed work is done.The recording information shall be submitted mthe Conservation Couunicsim on the form at the end ofois Order,which two must besmmpedby the Registry ofDeeds, prim to the commencement of work.. 10. A sign shall be displayed at me site not less then two square feet or more than three square fat in size hearing the words, Massachusetts Department of invirwmrenW Protection" lor'MassDEP"] FdeNumber:"242-1551" 11. Where the Departrnent of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be aparty to all agency proceedings and hearings before Mass DEP. 12. Upon completion ofthe work described herein,the applicant shall sabmitaRequest for Certificate ofCompliaree(WPAForm 8A)to the Conservation Commission. 13. The workshall confommm the plans and special conditions referenced inthis order . 14. Any change to the place identified in Condition#13 above shall require the applicant to inquire ofthe Conservation Commission in writing whether the change is significant enough to regnve the filing of a new Notice of Intmd 15. The Agent or members ofthe Conservation Commission and the Department of Environmental Protection shall have the nghtto ender and inspect the area subject to this Order at reasonable horns to evaluate compliance with the conditions stared in this Order,and may require the submittal ofarry data deemed necessary by the Conservation Commission orDepartment for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control ofthe property subjed W Us Order and to any connector or other person perforating work conditioned by this Order. 17. Prim to the stmt ofwork,and if the project involves work adjacentto a Bordering VegentedWelland,the boundary of the wetland in the vicinity ofthe proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained unfit a Certificate of Compliance has been tssued bythe Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair unfit all disturbed was;have been fully stabilized with vegetation a other means.At no time shall sediments be deposited in a wedand or water body.During convocation,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as nailed.Ube applicant shall hnmediamly conanl any erosionproblems fiat accuratthe site and dull a]so immediatelyunify(he Conservation Commission,which reserves the right to require additional erosion and/or damage prevention cormels it may dam necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. UbeworkesmciatedwithOdsOrder(the"Pmject")is(1) r- isrw(2)F subjmtmtheMassachuset6Siomcwater Swdards. If the work is subj rot o Stornwater Standards,men ft proj ea is subject to me following aMitiom; a) Allwork,including sitepreparsiou,land dishubance,concoction and redevelopment,shall be implemented in accordance wiNme conamctonperiodpollution prevention and erosion and sedimentation cmrcrolplan and,ifappheable,the Stornwatu Pofiution Prevention Plan regwedby oat National Pollumm Discharge Elimination System Construction General Permitmrequiredby Stomrvreta Standard8.Con cfionperioderasionwdimentadonmdponutioneantrolmeasuresand bestmmmgmmtprecd=(BMPs)sha remain inplaeumdtbe she is fully sobilized. b) Nostermwater runoffmay,be diwhwgedmdme post-caoswetionstormwatorBMPsunless and wit aRegistered Professional Bngineerprovides a Certificationthat:t all construction pmiodBMPs have beenre moved or will be removed by a date certain spared in the Certification.For my consnactionperiod BMPs intended m be cunvertedto post construction operation mrsmunwater attenuation,recharge,and/ortreahnent,the conversion is allowed by theMasd)EP Stounwater Handbook BMP specifications and that meBWbw been properlycle ned orprepared for post construction operation, including removal ofall construction period sedimenttrepped in inletend order control structums;u.as-built final cnosocetion Page 5 of IO v ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MasseDEP EP File#212-1551 943 WPA Form 5-Order of Conditions eDEP TTenNORT#:469430 LO CitylfovmNORTH ANDOVER Massachusetts Wetiands Protection Act M.G.L.c. 131,440 Special Conditions: SEEATTACHED. Page 7 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau o£Resource Protection-Wetlands I)EPTra File#:242-1551 eDEP Tun NORT#:ANDD WPA Form 5-Order of Conditions CirylfownNORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 E. Signatures S116k2- This Ord,isvand far three years from the date ofissumce,unless otherwise Verified pursed General Condition#4.Ifthis is an Amended Order ofConditim%the Amended I.DazeofOriginal Order Order mpua on the smne date as the original Order of Conditions. S Please indicatethenumberofinembemwho win sign this form.This Order must besignei by 2NamberofSigm, a majority ofthe Cousetwolon Commission The Order mustbemailed by coddled man(noun receipt requested)or hand delivered re the applicant A copy also must be mailed or hand delivered at the sametimetothe appropriate Department ofEovuonmenml Prometion Regional Office,ifoorfiling elxhonicany,and the property owner,ifdiffereMfrom applicant Signatures: hand delivery on Ay certified mail,return receipt requested,on �"I/ Data Date F. Appeals The applicmt,the owner.my person aggrieved by this Ord-,my owner ofland abuoingthe land subject to this Order,a my tar residents ofthe city a town in whichmch land is located,are h-eby notified oftheu right to request the aPproprieteMassDEP Regional Office to issue a Superseding OrdaofConditions.The regnatmust be made by c-ti iedmsil or hand delivery to due Depvtmen4 with the appropriate filing fee andammPletedRequestforDcparlmental Action Fee TrensmittelPomr,a provided in 310 CMR 10.03(7)within reabusiness days fromthe date ofismmce ofthis Ord-.A copy ofthe request shall 9the same time be sentby certified mail or hand delivery mthe Conservation Commission and tothe applicant,ifhdshe is not the appellant Any appellants seeking to appeal the Dein mems Superseding Order associated withtlds appeal will be required to demonstrate prior land riparian in the review of Us project Previous participation in the permit proceeding means the submissim of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department print to issuance of Superseding Order. The request shall state clearly and concisely the objactions to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the ezlent that the Order is based on a municipal announce or bylaw, and not on the Massmhuseos Wetlands Protection Aa or regulations,the Department has no appellate jurisdiciao. Page 9 of 10•ELECTRONIC COPY Massachusetts Department of Environmental Protection Pmvldedby M& EP: Bureau of Resource Protection-Wetlands MassDEPFte X:202-6551 X: WPA Form 5-Order of Conditions Cftyf1own:NORTH ANDOVE0 R Massachusetts Wetlands Protection Act M.G.L.c.131,§40 G. Recording Information This Order of Conditions must be recorded io the Registry of Deeds or the Lend Court for the district in which the land is located, wife the ebain oftide of the affected property.In the case ofrecorded had,the Final Order shall also berated in the Registry's Grantor Indczonder the name of the owner of the land suhjertto the Order.fn the case of registered land,this Order shall also be noted on the Lend Corot Certificate of Title ofthe owner ofthe land subjatto the Order ofConditions.The rxording infomha anon &,page sbs0 be subm ftdtothe Conservation Coouniasionfistedbelow. NORTH ANDOVER Conservation Coouniesion Detach on dotted Img have stamped by the Regishy of Dads end submit to the Conservation Commission .......................................................................................................................................................................................................... To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: 680 FOSTER STREET 212-1551 PmjectLocetion MassDEPFi cNumber Has been recorded at the Registry of Deeds of C—I0, Book Page for: Property Owner CATHERB4ECLARK and has been rated in the drain of title of the affected property in: Book Page In accordance with the Order ofConditioos issued on: Date If recorded land,the insnummt nwnber identitymg Us transaction is: hatrmnemNumber If registered land the document number identifying do transection is: Document w.unrssro SignffimeofApplicmht Page 10 of 10•ELECTRONIC COPY DEP FILE#242- 1551 Therefore,the North Andover Conservation Commission (hereafter the"NACC")hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans sl2ecifications or other proposals submitted with the Notice of Intent.the conditions shall control. GENERAL CONDITIONS 20.The proposed work includes: replacement of a failed septic system including septic tank and leach field. The proposed leach field is located 100 feet from Bordering Vegetated Wetland (BV W) and the tank is 54 feet away. An existing well will also be discontinued per Board of Health Regulations and a water line installed. 21. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Greg Saab ESS 70 Bailey Court Haverhill,MA 01832 Site Plans prepared by: ESS Title: Proposed Subsurface Sewage Disposal System Dated: March 27,2012 Last revised 5/8/12 (2 Sheets) Signed and Stamped by: Cleyton A. Morin Wetland Delineation by: Basbanes Wetland Consulting 39 Hardy Street Dunstable, MA 01827 Delineated:February 2012 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 successor;and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 242-1551,680 Foster Street OOC 1 NACC 5/102012 DEP FILE#242-1551 attempted to overcome the presumption of significance of this resource area to the identified interests. 33.The NACC agrees with the applicant's delineation of the wetland resource area (Wetland Flags AI-A31)as shown on the site on the plans dated referenced herein 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(25') No- Disturbance Zone and a fifty foot(50')No-Construction Zone shall be established from the edge of the adjacent wetland resource area as shown on the herein referenced plan. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 35.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. 36. 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 37. 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. 38.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 242-1551,680 Foster Street OOC 3 NACC 5/102012 DEP FILE#242- 1551 sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example,installation of erosion control measures may be required in areas not shown on the plan(s)referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commissions request. 46. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling,a minimum of 8 hay bales and stakes for staking(or an equivalent amount of bark mulch sock). Extra erosion controls shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of $1,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC,and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof,shall be signed by a party or parties 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 and 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 occurs on-site and for as long thereafter as ground remains unstabilized,the applicant shall submit a written report 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 242-1551,680 Forter Street OOC 5 NACC 5/102012 DEP FILE#242-1551 STORMWATER MANAGEMENT CONDITIONS 53. There shall be no changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 54. Water quality in down gradient BV W's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 55. Upon beginning work,the applicant shall submit written progress reports weekly (as part of the erosion control monitoring report Condition#49 above)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 proposed as part of this project. 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. 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. 58. 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 15t of each year. Outside of the growing season,exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay 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 approved by the NACC. 59. 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. 2424551,680 Foe Stmet OOC 7 NACC 5/102012 DEP FILE#242-1551 68. Upon completion of construction and grading,all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 69. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 70. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A-"Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. 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. h. 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(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 than 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. 242-1551,680 Foster Street OOC 9 NACC 5/102012 DEP FILE#242-1551 APPENDIX A-AFFIDAVIT 1. on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECKAT LEAST ONE BLOCK) L_ 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"NACC rnrmber) 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 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 19_. (Signature-authorized agent of applicant or owner) 242-1551,680 Faster Street OOC 11 NACC 5/10/2012