HomeMy WebLinkAboutMiscellaneous - 700 MIDDLETON ROAD 0 Massachusetts Department of EaviroeeBahl Protection Provided by M—DEP:
Bureauo ce Protection-Wetlands MassDEPN:242-1667
WPP Form 5-Order of Coaditiwd eDEPTmsattiona:7gst6
3
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cuy/Jown:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. F OOC b.r- Amended OOC
3.ApptiuorDefsk
a First Name JAMES b.Last Name MORIN
a Organiamon NORTH EAST CLASSIC ENGINEERING
d.Mailing Address 675 CONCORD AVE
C.Cdty/I'own BELMONT Estate MA g.Zip Code 02478
4.Properly Owen
a FbstName MARTIN S.&ANTOINETTE D. b.Lase Name FISCHER
c.Organbaduan
d.MadingAddress 700 MIDDLETON ROAD
C.City/r. NORTH ANDOVER Estate MA g.Zip Code 01845
5.Projectlautim
a-Stmet Address 700 MIDDLETON ROAD
b.CuyTb%n NORTH ANDOVER c.Zip Code 01845
d AsseasorsMap/Pladt 109 e.ParccVLoV 29
I Lautde 42.62216N g.Lnngtnde 71.0886W
6.PtgicW mmdrd at the Registry of Dead for:
a.Carly b.Ceetificete c.Book d.Page
NORTHERN ESSEX 1968 251
7.Dalms
a Date NOl Filed: 10/15/2015 b.Date Public Hearing Closed: 11/42015 c.Dare Oflssusnce: 11/52015
8.17inal Approved Plans and Odrer Documents
a.Plan Title: b.Plan Prepared by: c Nae Signed/Stamped by: d.Revised Final Dale: e.Scale:
SUBSURFACE NORTHEAST
SEWAGE CLASSIC JAMES J.MORIN,It 9252015 I"=20'
DISPOSAL SYSTEM ENGINEERING
(REPAIR)
B. Findings
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Massachusetts Department of Environmental Protection Provided by Ma&sDEP:
Bureau of Resource Protection-Wetlands Mass.DEP ra saction4&1667
.DEP Transaction N:2 4:785863
0
WPA Form 5-Order of Conditions City/Fawn:NORTN ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
7.r Bordering Land Subjatto Flooding
a square het b.square feet c.square feel d.square fret
Cubic Feet Flood Storage
e.cubic fat E cubic fee[ &cubic fat h.cubic fat
LF-5 - -lam Sd*d m Fbeaag
a agmefea a.sgmeaa
CAwfeaFloadsmg
cmaicaa andtbaa eedsaa tobkaa
9.r RiverfiontAnat
a total sq.feet b.total sq.feet
Sgftwhbin 100 It
c.square feet d.square feet e.square feet t square fiat
Sq It between 100-200 R
g.square feet h.square feet i.square fat j.square fat
CerrimmmArm`pa0ft:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
w.rDesgpredxmArea Indicste=undalaod Udeirhe Oreagaamr
11.r Land Under the Ocean
s square feet b.square feet
c c dredged d.Gy dredged
121-BAniarBerae Indicate size und—Coasal Bawl=anNnrCoastal DuoesLame
13.r Coastal Beaches
a square feet b,square fat c dy nourishment d cly nourishment
14.1-tbmlDad
a square feet b.squaredsa cAym��adym®Imml
15.r Coastal Banks
a linew feet It.lineerfcet
16.rBadyadaadr s am
as =dri a.agmeaa
171-Salt Marshes
a square feet b.square feet c.square feet d square feet
lir IadlarasitFbds
a a#.aelb Fasefol
e dydredged d d'Aaedgd
19.r Land Contarang Shelffish
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0 Massachusetts Department of Environmental Protection Provided by MacDEP:
WPP of Resource Order
f -Wetlands MaesDEPFacfion 2-1667
WPA Form 5-Order of Conditions eDEP Tmnsapion k:785863
Massachusetts Wetlands Protection Aa M.G.L.c.131,§40 City?own:NORTH ANDOVER
9. No work shall be undertaken fit the Order has became find and than has been recorded in die Registry of Deeds or the Land
Court for the district in which the land is located,within the chain ofdte ofthe afl'ectd property.In the case ofmairded land,
the Final Order shall also be acted in to Registry's Granmr Index under the name ofthe owner ofthe land upon which the
proposed work is to be done.In the case ofthe registered land the Final Order shall also be noted on the Land Court
Certificate ofTitle ofthe owner ofthe land upon which the proposed weak is done.The recording information shall be submitted
to the Conservation Commission on the form at the end ofthis Order,which form must be stumped by the Registry of Deeds,
prior to the commencement ofwork.
10. A sign shall be displayed at to site act Its then two square feet or more than three square feet in sire bearing the words,
^Mie artare is Department of Environmental Protection"
[or'MassDEP"j
File Number '242-1667"
11. Where the Department ofEnvimnmentsl Protection is requested issue a Superseding Order,the Conservation Commission
shall be aparty 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 ofComplisnce(WPA Form
8A)to the Conservation Commission.
13. The work shall conform rode plans and special conditions referenced in this order.
14. Any change m the plans identified in Condition Nl3 above shall require the applicant to inquire ofde Conservation Commission
in wining whether the change is enough to require die filing ofanew Notice oflntent
15. The Agent or members of de Conservation Commission and the Department ofEnvimnmental Protection shall have the right
enter and inspect the area subject to this Order m reasonable horns to evaluate compliance with the conditions stand in this
Order,and may require the submittal ofarry data deemed necessary by the Conservation Commission or Depaahrent for brat
evaluation
16. This Order of Conditions shall apply many successor in interest or successor in corand ofthe property subject to this Order and
many contractor or other person performing work conditioned by this Order.
17. Prior to the start ofwork,and ifthe project involves work adjacent to a Bordenng Vegetated Wetland,the boundary of the
wetland in the vicinity ofthe proposed work area shall be marked by wooden slakes or Flagging.Once in place,the wetland
boundary markers shall be maintained until aCerlificate 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 filly stabilized with vegetation or
other means.At no time shall sediments be deposited in awedand or water body.Dining 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 hnmediately control any erosion problems thin occur a the site and shall also inmediraly notify to Conservation
Commission,which reserves the right to require additional emsear and/or damage Formation controls it may deem necessary.
Sedimentation barters shall serve as the limit ofwork unless another limit ofwotk line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associatedwith this Order(te'Projcet")is(1) r- is not(2)F subject to the Massachusetts Summoner Standards.
Ifthe work is subject to Strnweter Stndardq then the project is subject to the following conditions,
a) AN work,including site preparation,land disturbance,comsmetion and redevelopment,shall be implemented in accordance
with the censimcdon period pollution prevention and erosion and sedimentation control plan and ifapplicable,the
Smmwater Pollution Prevention Plan required by the National Polhrlant Discharge Elimination System Conshvown Crtceml
Permit as required by Sto mwaer Standard 8.Construction period erosion sedimentation and pollution central measures and
best management practices(BMPs)shall remain in place until the site is fully serbilzed.
b) No smnnwatermooffmay be discharged to the Feast-Construction stermor erBMPs unless and until aRegistered
Professional Engineer provides a Certification tae i.all coratruction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BM?s intended m be converted to post construction
operation for so mwaterattrnuadon,recharge,anchor treatmrn4 the conversion is allowed by the MassDEP Stenawater
Handbook BMP specifications and that the BMP bas been properly cleaned or prepared for port construction opermon,
including removal of all constlucdon period sediment napped in inlet and ouddco mol strucnne;a.as-built final coratrnetion
Page 5 of 9-ELECTRONIC COPY
Massachusetts 11"rtmcat of Environmental Protection PmAded by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1667
WPA Form 5-Order of Conditions eDEPTranswdon#:785863
Massachusetts Wetlands Protection Act M.O.L.C. 131,¢40 City/rown:NORTHANDOVER
Special Conditions:
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?F Yes I- No
2. The Conservation Commission herebv(check one that applies):
a r DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
apecdically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice oflntent is submitted which provides
measures which are adequate th meet these standards,and a final Order or Conditions is issued.Which are necessary m
comply with a municipal ordinance or bylaw:
b. pr APPROVES the proposed work subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw PROTECTION
WETLANDS
2.Chairs, CHAPTER 178
BYLAW
3. The Commission orders that as work shall be performed in accordance withthe following conditions and with the Notice of
Intent referenced above.To the extent that the fallowing conditions modify or differ from de plans,specifications,or other
Proposals submitted with the Notice oflntent,the conditions shall content
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED
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Massackasetts Department of Environmental Protection Provided by M—DEP:
L11
,DEPT saasek:242-1667Bureau of Resource Protection-Wetlands MassDEP File 9:242-1667
WPA Form 5-Ord"of Conditions City/fown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c.131,§40
G. Recording Information
This orderof Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located
within the chainofatle ofthe affected property.In the case ofrecorded land,the Fine)Order shell also be acted indre Regl*)ys
Gremor Index coder the name fthe owner ofthe land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate ofThIs ofthe owner of the land subject to dk Order ofCondifiom.The recording information on
tis page shall be submitted to the Conservafion Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted lure,have stamped by the Re®mY ofDeedc and submitto the Comervafim Commission.
.--.....................................................................................................................................................................................................
To:
NORTH ANDOVER
ConxrvationCommission
Please he advised that the Order of Conditions for the project at:
700 MIDDLETON ROAD 242-1667
PmjectLocefion MassDEP File Nombef
Has been recorded at the Registry of Deeds of.
CO-, Back Page
for.
Property Owner MARTIN S.&ANTOINETTE D.FISCHER
and has been noted in the chain ofude ofthe affected property m:
Book Page
In accordance with ft Order of Conditions issued on:
Date
lf®mrded land,the tn54wnerrtmauler identifying thistrensacfion is:
InsWmen[Numbcr
Ifmgistned land,the docm=d amber identifying this transaction is:
Docuunant Number
ar.airzms
SipanaeofApplicant
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DEP FILE#242-1667
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 years 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
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29.The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30.Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32.The following wetland resource area is affected by the proposed work: Buffer-Zone to
Bordering Vegetated Wetland. This resource area is significant to the interests of the
742-1667,Middleton St 700 OOC 2 NACC 11/52015
DEP FILE#242-1667
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.
39. 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 242-1667."
40. Any 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 amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
41. It is the responsibility of the applicant,owner,and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed and dated sequence of construction,including installation of
sedimentation/erosion control devices,excavation,construction and
revegetation/stabilization.
43.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s)throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
44. A straw wattle/silt sock(biodegradable-no plastic netting) backed by trenched
siltation fence shall be placed between all construction areas and resource areas as
shown on the herein referenced plan with additional erosion control (EC) added to
extend the erosion control line to the driveway. Once installed,the EC shall be
inspected and approved by the NACC or its agent prior to the start of construction
and shall remain intact until all disturbed areas have been permanently stabilized to
prevent erosion. All erosion prevention and sedimentation protection measures found
2424667,Middleton St 700 OOC 4 NACC 11/52015
DEP FILE N 242-1667
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 Ile inch of rain or greater(24 hour event)to
ensure that soils remain stable,and erosion controls are adequate and secure
49. Prior to construction, the applicant shall permanently mark the 25-foot No-
Disturbance Zone or the edge of the existing tree line with signs spaced every 30 feet
incorporating the following text: "Protected Wetland Resource Area' and the
associated rules (3 rounds for every 1 square). This will designate their sensitivity 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 applicant. These markers shall remain posted and
be replaced as necessary in perpetuity. Markers are available from the Conservation
Department($2 round and$3 square).
50.The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring,or
assigning any portion of said land to another party,subject to said Orders of
Conditions, the"Compliance Certification Form Affidavit' attached via"Appendix
A" signed under the pains and penalties of perjury,stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5)business days prior
to the closing of said land transaction.
51. Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,the
contractor,erosion control monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order 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
permitted work are fully aware of the permits terms and conditions. Thereafter,the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting(e.g. 72
hours).
242-1667,Middleton St 700 OOC 6 NACC 11/511015
DEP FELE#242-1667
Department(minimum of 50 feet from resource areas). Excess material shall be
disposed of properly in accordance with state and local law.
60. Construction access shall be over the existing driveway. Paved areas shall be swept
daily to remove sediment deposited by construction vehicles accessing then site.
61.Washings from concrete trucks,or surplus concrete, shall not be directed to,any
drainage system, or wetland resource area. If truck washing is required a location for
such activity shall be approved by the Conservation Department.
62. 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
for the storage and removal of such spent construction materials off-site. However,no
trash dumpsters will be allowed within NY of areas subject to protection under the Act
or local ByLaw.
63. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
64. During and after work on this project,there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one(1)business day. No construction vehicles are to be stored within
100 feet of wetland resource areas,and no vehicle refueling,equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
65. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100)feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Towns Wetland protection ByLaw.
66. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen(<
5%) and phosphorous free types,and shall not be used within 25 feet of a resource
area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource
area. This condition shall survive this Order of Conditions and shall run with the title
of the property. This condition is issued under the authority of the Towns Wetland
Protection ByLaw and shall remain in perpetuity.
212-1667,Middle .8t 700000 8 NACC 11/52015
DEP FILE#242-1667
➢ 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.
71.The following special conditions shall survive the issuance of a Certificate of
Compliance(COC)for this project:
25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas as approved
under DEP #242-1667 except as shown on the herein referenced plans.
Future work within 100' of existing wetland resource areas will require a
separate filing with the NACC 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;
➢ Resource Area Markers (Condition#49);
➢ Discharge or spillage of pollutants (Condition#64);
➢ Prohibition of underground fuels (Condition#65);
➢ Limitations on the use of fertilizers,herbicides and pesticides (Condition
#66);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#67).
242-1667,Middktan St 700 OOC !0 NACC 11/5/2015