HomeMy WebLinkAboutMiscellaneous - 95 LYONS WAY 0 Massachusetts Department of Environmental Protection Provided by MwsDEP:
Bureau of Resource Protection-Wetlands MasDEP File N:242-1661
WPA Form 5-Order of Conditions eDEP Transaction 4:789402
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/I'own:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a F DOC b.r- Amended DOC
3.Applicant Details
a First Name RICHARD b.Last Name OWER.L
a Otgarwarion
d.MailingAddness 95 LYONS WAY
C.cgfr.wn NORTH ANDOVER f.State MA g Zip Code 01845
4.Property Owner
a First Name RICHARD b.Last Name O'NEILL
C.Organimtlon
d.MailingAddeeas 95 LYONS WAY
C.Cayfrown NORTH ANDOVER f.State MA g.Zip Code 01845
5.ProjectLocation
aSocan Address 95 LYONS WAY
b.City/fown NORTH ANDOVER c.Zip Code 01845
d Assessors Map/Plat# 106.13 e.P.YLot# 157
f Lamde 42.64108N g.Iowa* 71.06368W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 6118 29
7.Dates
a.Date NOl Filed:9242015 b.Date Public Hearing Closed: 11/42015 c.Dare Oflssuance: 11/192015
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
PLAN OF LAND M LAND ENGINEERING
NORTH ANDOVER, &ENVIRONMENTAL DOUGLAS E.LEES,P.E. October 26,2015 P--20'
MASSACHUSETTS SERVICES,INC.
k95 LYONS WAY
B. Findings
Page 1 of9 a ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MMDEP:
Bureau of Resource Protection-Wetlands MassDEa File ion#:-1661
789402
WPA Form 5-Order of Conditions
.DEPTransaction
ORTH:ANDO
City/I'own:NORTURNDOVER
Massachusetts Wetlands Protection Ac[M.G.L.c. 131,§40
7.r Bordering Land Subjcctto Flooding
a square feet b.square feet c.square feet d.square feet
Cubic Fact Flood Storage
e.cubic feet f.cubic feet &cubic feet h.cubic feet
g.r Mardi Lard Subject Flooding
a square feet b.square fat
Cubic Feet Flood Storage
crbicfeet dcubic fiat ccbc feet fabiefim
9.r RiverfiontArea
a total sq.feet b.total sq.feet
Sq ftwitltin 1008
c.square fat d.square feet c.square fat f square feet
Sq ftbetwan 100-200 ft
&square feet h square feet i.square feet j.sq—feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Allocation Alteration Replacement Replacement
lo.r Designated Port Areas indicate size under Lead Under the Ocean,below
11.r Land Under the Ocean
a square feel b.square feet
a Uy dredged d dy drodged
12.r Barrier Beaches Indicate size under Coastal Beaches andor Coastal Dunes below
13.r Coastal Beaches
a square feet b.square fat c.cry nourislaneut d.cry nouris mord
14.r Coastal D,
a square feet b.square feet c.ctynwuidaoma d cly nounshmat
15.r Coastal Banks
aliocarfeet b,linear feet
16.r Rocky Immtidal antes
a square fief b.square feet
17.r Salt Marshes
a square feet b.square fat c.square fat d.square foot
Iter Land Under San Ponds
a sgtre Ra b.square fat
c cly heeled d dy dredged
19.r LardCormang SbeRfish
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U1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 0:242-1661
WPA Form 5-Order of Conditions eDEPTmnsaaon#:789402
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cay/rown:NORTH ANDOVER
9. No work shall be mdertaken until the Order has hawnse final and then 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 fide of the affected property.In the case oftecorded lad,
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 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 time.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be s ampedby the Registry of Deeds,
prior to the commencement of work..
10. Asign shall"Splayed atthe site net less then two squame feet or more than tires,square feet in size bearing the words,
"Massachusetts Departure ofEnvhonmerdal Protection"
[or 7MmDEP"]
File Number"242-1661"
11. Where the Department ofEnvimmnente Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party m all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Fare
8A)to the Conservation Commission.
13. The wmkshall confontto the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shill requite the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to requite the filing of a new Notice aflutter.
15. The Agent or members of the Conservation Commission and the Department ofEnvimnmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evatmte compliance with the conditions stared in this
Order,and may require the submittal of my data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Omer of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
many contractor or other person performing work conditioned by this Order.
IT Prior to the seat:of work,and if the project involves work adjacent In a Bordering Vegetated Weisn4 the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden slakes or Flagging.Once in place,the wetland
boundary makers shall be maintained mil a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fWly stabilized with vegetation or
other means.At no time shall sediments be deposited in awelland awater body.During construction,the applicant or his/her
designee shall inspect the erosion controls on adaily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems dust occur at the site and shall also immediately potty the Conservation
Commission,which reserves the fight requite additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shill serve as the limit of work no.mother limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Pmjecl")is(1) I— isnot(2)r subject to the Massachusetts Stonnwater Standards.
If the work is subject m Summoner Standards,then the project is subject the following conditions;
a) All work,including site preparation,land dislmbance,construction and redevelopment,shill be implemented in accordance
with the wnshuction period pollution prevention and erosion and sedimentation metal plan and,if applicable,the
Stommwater Pollution Prevention Plan required by the Nahanni Pollutant Discharge Elimination System C ostructanGeneral
Permit as required by Smmnwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwamrraeffmay be discharged to the post-crsommeon stommwaterBMPs unless and until a Registered
Professional Engineer provides a Certification that i.WI construction period BMPs have been removed or will be removed by
a date certain specified in the Certification For my construction period BMPS intended to be converted m post conmuction
operation for stomrwater attenuation,recharge,and/or treat em the conversion is allowed by the MassDEP Smrmwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment topped in iWet and outlet control structures;it.as-built final construction
Page 5 of 9-ELECTRONIC COPY
0IMassachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1661
WPA Form 5-Order of Conditions eDEP Transection#:789402
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/1'own:NORTHAhiDOVER
Special Conditions:
D. Findings Under Municipal Wetlands Bylaw or Ordinance
L Is a municipal wetlands bylaw or ordinance applicable?F Yes F- No
2. The Consmafion Commissio&hercbvfheck one that applies!.
a F- DENIES the proposed work which cannot be conditioned to
meetthe standards set forth in amunicipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may notgo forward uNess and until a revised Notice offntma is submitted wldrth provides
measures which are adequate b meet Nese standards,and a final Order or Conditions is issued Which an;necessary to
complywith a mmdeipal ordinance or bylaw:
b. APPROVES the
F proposed work,subject mthe following
additional conditions.
I.Municipal Ordinance or Bylaw NORTH ANDOVER
WETLANDS BYLAW 2.Citation CHAPTER 178
3. The Cmanlssionordersthat all work shall be performed in accordance with the following conditions and with the Notice of
hard referenced above,To the extent Nat the followingmnditions modify or di&r from the plans,specificadow,orother
proposals submitted with the Notice oflntent,the conditions shall maw].
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED
Page 7 of 9-ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
WPA ofrm5-ce Protection-Wetlands Mass DEonactu:242-1661
WPA Form 5-Order of Conditions eDF3 Transaction p:789402
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
G.Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain oftitle of the affected property.N the case of recorded land the Fins)Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also,be
noted on the band Court Cent turns,of Tide of the owner of the land subject to the Order of Conditions.The recording information on
this page shall be submitted to the Conservadon Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
..........................................................................................................................................................................................................
To:
NORTH ANDOVER
Conservation communion
Please be advised that the Order ofConditions for the Project ee
95 LYONS WAY 242-1661
Project Location MmDEP File Number
Has been recorded at the Registry of Deeds of.
County Book Page
Property Owner RICHARDOWEILL
andhas been noted in the chain oftitle ofthe atlected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifyvrg&a transaction is:
InsmomentNumber
If registered laird,the document number identifying this transaction is:
Document Number
Siipamre ofApplicant a...maxi.
Page 9 of 9*ELECTRONIC COPY
DEP FILE#242-1661
NHESP File No.: 15-34839
Site Plans prepared by: Land Engineering& Environmental Services, Inc.
Titled:Plan of Land in North Andover,MA
#95 Lyons Way
Dated: August 27,2015
Last Revised: October 26,2015
Signed and Stamped by Douglas E. Lees, P.E.
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.
28.This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thim
242-1661,95 Lyons Way OOC special conditions 2 NACC 11/192015
DEP FILE#242-1661
will be planted as detailed on the plan. Plantings will be monitored for one year with a
monitoring report,including photographs,submitted to the NACC by April 1 or
November 1 of the following year.Plants that die or are not thriving during the
monitoring period shall be replaced. Invasive species removal will be conducted as
needed within the restoration areas.
37.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.
38. 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
39. 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.
40. 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. h1 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.
h1 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.
41. 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 242-1661."
242-1661,95 Lyons Way 00C spmial conditlons 4 NACC 11/19/2015
DEP FILE#242-1661
47.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 10 hay bales or thirty(30)feet of additional straw wattle.
Said erosion controls shall be used only for the control of emergency erosion problems
and shall not be used for the normal control of erosion.
48. A check payable to the Town of North Andover shall be provided in the amount of
$2,500 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.
49. The applicant shall designate a Wetiand 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.
50. 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 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.
242-1661,95 Lyons Way OOC special conditions 6 NACC 11/192015
DEP FILE#242-1661
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
55.The applicants,owners, and their successors and assignees, shall maintain, in
perpetuity,all gravel shoulders,culverts,collections basins, traps, outlet structures,
infiltration structures, and other elements of the drainage system,in order to avoid
blockages and siltation which might cause failure of the system and/or detrimental
impacts to on-site or off-site resource areas, and shall maintain the integrity of
vegetative cover on the site.
DURING CONSTRUCTION
56. Upon beginning work,the applicant shall submit written progress reports weekly(as
part of the erosion control monitoring report Condition#50 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.
57. 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.
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 V 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.
242-1661,95 Lyws Way OOC special conditions 8 NACC 11/192015
DEP FILE q 242-1661
69. 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.
70. 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.
71. 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(P.E.) (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. Thfs 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.
212-1661,95 Lyons Way OOC special conditions 10 NACC 11/192015
DEP PILE#242-1661
APPENDIX A-AFFIDAVIT
1. 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 or NACC 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 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)
242-1661,95 Lyons Way OOC special conditions 12 NACC 11/19/2015