HomeMy WebLinkAboutCOMMONWEALTH OF MASSACHUSETTS DEPT OF ENVIRON MGMT Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-749
. WPA Form 813 - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland
Protection Bylaw.
Project Information
1. This Certificate of Compliance is issued by: 3. The project site is located at:
NORTH ANDOVER NORTH ANDOVER
Conservation Commission
Berry Pond Rd -- Harold Parker State
To: SlreerAdaFess Forest
Commonwealth of Massachusetts
Dept of Environmental Mgmt. Az=mAhpoff&1 PaTeKot!
AWW
100 Cambridge Street
MaiGngAddress and the fine!Order of conditions was recorded on
Boston, MA 02202 August 9, 1995
C#Aown Dam
Rare Bp cow at the Registry of Deeds for
Essex Instrument #17144
2. This Certificate of Compliance is issued for work rem cam Boat
Ne
by a final Order of Conditions issued to:
CerO�aEe(�7registeredlandj
Same
NNW 4. A site inspection was made in the presence of the applicant,
May 19, 1995 or the applicant's agent,on:
DaW
242-749 November 15. 1999
J�'P pile Numbs �
certification
C3 hivaiid Order of Conditions: It is hereby certified that
(Check all that apply): the work regulated by the above-referenced Order of
Conditions rows commenced. The Order of Conditions has
Complete Certification: It is hereby certified that the lapsed and is therefore no longer valid. No future work
work regulated by the above-referenced Order of Condi- subject to regulation under the Wetlands Protection Act may
tions has been satisfactorily completed. c ommerice wifut filing a new Notice of Intent and
receiving a new Outer of Condidons.
❑ Partial Certficatiotk It is hereby certified that only the
following portions of the work regulated by tate above p( tangoing condtlti i The following conditions of the
referenced Order of Conditions have been satisfactorily Order shall continu (include any conditions contained in
completed.The project areas or work subject to this partial the Fria!Order,such as maintenance or monitoring,that
certification which have been completed and are released should conairnte for a longer period.)
from this Order include:
Condition Numbers:
q io1 I� 1413
Massactiusetts Department of Environmental Protection 242-749
Bureau of Resource Protection- Wetlands
WPA Form 813 - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L.. 131, §40 and North Andover Wetland
Protection Bylaw.
Authorization
On this
19th
Issued by:
NORTH ANDOVER day of January
consery w commission Math
January 19, 2000 2000
oseonswance Year'
� before me personalty appeared
This Certification must be signed by a majority of the Albert P. Manzi, J r.
conservation commission and a copy sent to the applicant
and appropriate DEP Regional Office(see Appendix A).
Signature{s) to me known to be the person described in and who executed
the foregoing instrument and acknowledged that he/she
executed the same as his/her free act and deed.
L-14� Zz4
tea: December 11, 2003
My commission expres
t
'
ReCQng Coknnation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court
for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
------ ___iTo:r If recorded land,the instrument number which identifies this
transaction is
Cwue'vatinn Commission
Please be advised that the Certificate of Compliance for the
project at insoumdtArrber
If registered land,the document number which identifies this
transaction is
iwjea location
FrieNmnber DoaanertP naw
has been recorded at the Registry of Deeds of
Si�tature o(AppNcatX
cam
and has been noted in the chain of title of the affected property
on
Aare •
Body
RCS:.
JOYCE 6RA S HAW
310 CMR 10.99TOWN CLERK
14ORTH ANDOVER
Form 5MAY 19 ?j} i s95
(Tacoma I IDIOM
t>EPHa 242-749
.r.
Commonwealth Cay.Towe
North Andover
• Commonwealth of Massachusetts
of Massacnuseits aoowint -
Dept. of Environmental Mgmt.
r Berry Pond Road
.. Harold Parker State Forest
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. 0. 131,`§40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From North Andover Conservation Commission
Commonwealth of Massachusetts Commonwealth of Massachusett's
To Dept of Environmental Mgmt. Dept. of Envirnmental Management
Stuart Weinreb(Name of Applicant) (Name at property owner)
100 Cambridge Street, Room 1404 100 Cambridge Street, Room 1404
Address Boston MA n??ng Address Boston MA 02202
This Order is issued and delivered as follows:
by hand delivery to aortficant or representative on p (date)
by certified mail.return receipt requesteo on 6 D )
Th
This project is located at Y 'Berry Pond Road Harold Parker State Forest
Deeds; Northern District
The property is recorded at the Registry of
Book 597 Page 227
Certificate(if registered)
The Notice of Intent for this project was filed on March 24, 1995 (date)
The oubfic hearing was closed on April 26, 1995 (elate)
Findings
The North Andover Conservation Commission has reviewed the above-referenced Notice "f
Intent ant titans ana nas nets a puofic nearing on the-.roject. Based on the informationavaiiaafe to the
NACC at this time.the NACC has determined that
the area on wnicn the orcoosed work is to be done is signitscant to the tallowmg interests in accardance wan
the Presurrattons of Sionifscance set forth in me regulations for each Area Suolect to Protection Under the
Act le eck as aparoonate): Ch.1781 Prevention of erosion and sedimentation
Pubic water supply a Flood control 0 Land containing shellfish
Private water supply Storm damage prevention Fisheries vwildlife hab t
Groundwater supply Prevention of pollution
Prcnecao
n or
Ch.17 Recreation
To:ai Fling s=ee Submitted ' Wildlife State Share
Cityi?own Share 500.00 (t/-- fee in excess cf,S25)
Total Refund Due S City/Town Portion S State Portion S
(1/2 total) ('h total)
ctfg.-:.ve 1,
#242-749 BERRY POND 2
HAROLD PARKER STATE FOREST DER
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 above. To the extent that
the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GENERAL CONDITIONS
1. 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.
2. This Order does not grant any property rights or any exclusive
privileges; it does not authorize any injury to private property
or invasion of private rights.
3 . 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.
4. The work authorized hereundershallbe completed within three
years from the date of this order.
5. This order may be extended by the issuing authority for one or
more periods of up to one year each upon application to the
issuing authority at least 30 days prior to the expiration date
of the Order.
6. Where the Department of Environmental Protectionisrequested
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.
7. The proposed work includes construction efforts undertaken to
re-establish a "day-use -facility" at and adjacent to Berry Pond.
Said construction efforts to include. . .
i. demolition and removal of ruins from former DEN
facility including slabs, foundational and subsurface
sanitary waste disposal systems
ii. activities in the south sector of the locus including
creation of a new paved parking area;
iii. activities in the central sector of the locus including
construction of a new picnic_pavilion, construction of
#242-949 BERRY POND 3
HAROLD PARKER STATE FOREST - DEM
a new comfort station, and construction of a neer
subsurface sanitary waste disposal system;
iv. activities adjacent to the pond including creation of a
new stairway to existing beachhead, and creation of a
proposed handicapped accessible, walkway to beach;
ve activities at the north sector of the locus including
creation of a pedestrian path from an existing parking
lot to an adjoining path ("dirt road$, so called) , and
vi. dredging activities within Berry Pond.
8. The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required) :
(a) Notice of Intent
filed by . . . Stuart Weinreb - Project Manager
Commonwealth of Massachusetts
Department of Environmental Management
Division of Resource Conservation
100 Cambridge Street
Boston, MA 02202
(b) Plans
prepared by i) WETLAND RESOURCES AND
PROPOSED FAC+ILITIES 0 BERRY POND
(sheet 1 of 1) dated: 4/25/95
by Ryan Engineering Corp.
Nahant, MA
ii) WETLAND FLAGGING LOCATIONS
(sheet 1 of 1) datedt 4/25/95
by Ryan Engineering Corp.
Nahant,`MA
iii) WETLAND RESTORATION AND
REPLICATION PLAN
(1 sheet sketch)
dated: undated but marked by NACC
4/25/95
by DEIN
iv) untitled part plan
DETAIL OF PROPOSED CATCH BASIN
AND OUTFLOW
(2 sheet sketch)
dated: undated but marked by NACC
4/25/95
by DEM
#242-749 BERRY POND4
HAROLD PARKER STATE FOREST DEM
V) PARKING LOT REVISION
(1 sheet Sketch)
dated: 4/26/95
by DEN
(c) Reports
prepared by . . , i) WETLAND DELINEATION AND
FLAGGING REPORT
(2 page memo) dated: 4/ 7/96
by SEA Consultants, Inc.
Cambridge, NA
ii) Undated, multi-page specifications made
part of this of this Order of
Conditions.
a. SECTION 2400 DREDGING BY
MECHANICAL METHOD
WITH ON-LAND
DISPOSAL
b. SECTION 2900 - LAWNS AND PLANTINGS
9. The following wetland resource areas are affected by the
proposed work: buffer sone, bank, land under water. Bordering
land subject to flooding, and bordering vegetated Wetland. These
resource areas are significant to the interests of the Act and
Town Bylaw as noted above. These resource areas are also
significant to the recreational and wildlife interests of the
Bylaw. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the
identified interests In its decision the NACC has carefully
balanced interests of THE ACT as they apply to both the
recreational and wildlife components of the prosect.
Activities associated with the proposed comfort station and
subsurface sanitary waste disposal system lie outside of the
Buffer Zone, therefore lie outside the jurisdictional purview of
the NACC. All other work areas lies within the jurisdiction of
the NACC
10. The NACC has accepted the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
4/25/95. The NACC and its Administrator have conducted site walks
at which time the wetland delineation line was reviewed. It is
the determination of the NACC that the wetland line flagged in
the field is very cogeogyative graUting Jgyor to interests of the
ACT. Prior to the issuance of a certificate of compliance, the
applicant will submit a plan showing the sites wetland
delineation at a scale identical to the Town wetland map for this
location.
#242-749 BERRY POND 5
HAROLD PARKER STATE FOREST - DRI[
11. Issuance of these Conditions does not in ,any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage,
12. 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:
13 . The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site to construct the proposed
improvements will cause further alteration of the wetland
resource areas. In order to prevent any alteration of wetland
resource areas beyond those proposed in the Notice of Intent and
approved herein, a twenty-five (2`5) foot no-disturbance zone and
a fifty (50) foot no-construction zone shall be established from
the edge of the adjacent wetlands. No disturbance of existing
grade, soils or vegetation is permitted in the no-disturbance
zone. (See Appendix 5 of the local Regulations) . DOES NOT APPLY
DEIN I8 EXEMPT FROM OUR LOCAL BYLAW
14. Plans filed with the Notice of intent do not provide for any
catch basins or drainage structures. The Applicant subsequently
submitted plans and details for installation of a drainage catch
basin located in the southerly corner of the north parking area.
Those plans and details are identified in order 8.b.iv herein.
The Applicant has also submitted plans and details for a revised
south parking area. Those plans and details are identified in
Order 8.b.v herein. The Applicant does not propose- stormwater
drainage collection in the south parking area. The NACC hereby
conditions that a stormxater drainage collection basin be
installed within the south parking lot. And that such proposed
basin be installed is a locationandin accordance with direction
made by the NACC administrator. All catch basins shall contain
oil/gasoline traps, and it shall be a continuing condition of
this order, even after a Certificate of Compliance is issued,
that the oil/gasoline traps in the catch basins be maintained.
All catch basins shall be free ;of all accumulated silt and debris
before a Compliance is issued and the owner or his/her agent
shall so specify in the request for 'a Compliance.
15. The proposed "handicapped accessible walkway to beach"
located in the north-central sector of the project area shall be
paved with precast Concrete grid pavers. Pavers shall conform to
National Concrete Masonry Association TE$ 91A or approved equal
and installed in accordance with manufactures specification for
wet base material applications. BITUMINOUS CONCRETE PAVEMENT IS
SPECIFICALLY PROHIBITED FOR USE IN CONSTRUCTING THIS HANDICAPPED
ACCESSIBLE WALKWAY.
16. The NACC finds the applicant's proposal for 2,300 square feet
(s.f ) of temporary alteration, Soo square feet of permanent
#242-749 BERRY PONT? 6
HAROLD PARER STATE FOREST - DBN
alteration, 500 s.f. of wetland replication, and 2,300 s.f. of
wetland restoration to be adequate. The Replication areas shall
be constructed prior to other construction activity on site and
this sequence shall be reflected in the construction sequence.
Replication shall be conducted in accordance With Replication
Plan and Report submitted by the Applicant and maintained by the
NACC Administrator. The Replication Plan forms a part of this
Order. (see the local Regulations for performance standards for
replacement wetlands
17. The NACC notes as the Xassachusetts Department of
Environmental Management is the applicant, and that they, as an
agency of the Commonwealth of Massachusetts, are granted
exemption from local permitting processes* including North
Andover's Local Wetlands BYLAW, and that no other Local Permit
Granting Authority of the Town of North Andover, beyond the
conservation Commission has reviewed this project. Regardless of
exemption from the Local Wetland; BYLAW the Applicant shall comply
with replication standards defined Within the bylaw as they are
ordered under Condition IS herein.
PRIOR TO CONSTRUCT ON
18. Prior to construction a "Sedimentation/Erosion Control Plan"
shall be submitted to North Andover Conservation Commission for
review and subsequent approval.
19. 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.
20. 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 thechainof 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. -
21. 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, IlMassachusetts Department of Environmental Protection,
File Number 242-749".
' #242-749 BERRY POS
7
HAROLD PARKER STATE FOREST - DEN
22. 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. The
proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the
project plans or wetland ix%mwts. If any such changes occur a
revised plan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to the start
of construction. No work shall begin on a project until written
approval has been granted by the NACC.
23 . 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 and the
applicant to ensure that all of the Conditions of this order are
understood. This Order also shall be made a part of the
contractor's written contract. 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.
24. The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project. Dredging operations are to take place only
under the observation of the NACC Administrator.
25. wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
erosion control measures can be properly placed and wetland
impacts can be monitored.
26. A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrierwillbe properly installed and placed as
indicated on the plans or as may be directed by the NACC
Administrator. Said protection controls shall be inspected and
approved by the NACC 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 necessary during
construction shall be implemented at the direction of the NACC.
27. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 30 hay bales
and sufficient stakes for staking these bales (or an equivalent
#242-749 BERRY POND- 8
HAROLD PARKER STATE FORRET - DEX
amount of silt fence) . Said bales shall be used only for the
control of emergency nc
g y ero '
sign problems, .and shall not be used for
the normal control of erosion.
28. Siltation control boom for dredging, pre-dredging turbidity
testing (establishes baseline sampling) , post-dredging
turbidity testing (establishes baseline sampling) , boom and
curtain to stay in placeuntilpost-dredging turbidity testing
meets or exceeds pre-dredging baseline measurement.
29. Dredged materials stockpile and dewatering control area.
Location
Type
30. Load-out and off-site hauling of dredged materials, dry
materials only, tailgate leakage or spillage removed from site
and properly disposed of
DURING CONSTRUCTION
31. Upon beginning work, the applicant shall submit daily written
progress reports during dredging operations and every four weeks
thereafter for the duration of the project 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.
32. 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 of any of the foregoing.
33. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
34. No regrading 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.
35. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
36. After proper grading, all disturbed areas located within a
resource area which will not remain as wetland areas, shall be
loamed (minimum of 4" of quality loam) , and seeded. This shall
all be done in accordance with SCS guidelines. All disturbed
areas located within wetland resource areas which are to be only
temporarily disturbed during construction, shall be restored to
their original grade, soil profile and vegetative. cover. Soil
used for this purpose will either be wetlands topsoil or a
#242-749 BERRY POND 9
HAROLD PARKER STATS FOREST - DIM
minimum of 4" of quality loam.
37. Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
38. All waste generated by, or associated with, the construction
activity shall be contained within the construction area, 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.
39. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
40. Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
41. 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
42. 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 Town's Wetland Protection ByLaw.
43 . Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
j moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
44. Upon completion of construction and grading, all disturbed
areas located outside resource areas shall be stabilized
permanently against erosion. This shall be done either by loaming
and seeding according to SCS standards. If the latter course is
chosen, stabilization will be considered complete once vegetative
#242-749 BERRY POS 10
HAROLD PARKER STAT! FOREST-- DEIN
cover has been achieved.
45. Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professional civil Engineer
certifying compliance with this Order of Conditions and the
approved plans referenced herein (or approved revisions) . A
Tetter from a qualified wetland scientist certifying compliance
with local/state regulations is also required for the wetland
replication/restoration areas. A stamped "As-Built" topographic
plan of all areas within the jurisdiction of the Wetlands
Protection Act and Bylaw shall be submitted when a Certificate of
Compliance is requested. This plan will include:
a. "As-Built" elevations of all drainage structures
constructed within 100 feet of any wetland.
b. "As-Built" elevations and grades of all filled or
altered wetland resource areas.
C. Distances from structures to wetlands.,
d. A line showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
46. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
14. Maintenance of catch basins.
41. Discharge :or spillage of pollutants.
42. Prohibition of storage of fuels underground.
43 . Limitations on the use offertilizers, herbicides,
algecides, and pesticides.
D. ,.P. #242- 749, Berry Pond Road
Issued By NORTH` ANDOVER _ Conservation Commission
Signature(s) �L/ l
This 0(der roust be signed by a majority of the Conservation Commission.
On ths__17th day of May 19- 95 before me
personally appeared George Reich to me known to be the
person described in and who executed the foregoing instrument and acknowledged that heh+ie executed
the same as his!#ef free act and deed.
� l
Notary Public Donna Mae D'Aga.taMy commission expires 03- 2-2002
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be
done or any ten residents of the city or town in which such land is located are hereby notified of their right to request Ilie Department of
Environmental Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the
Department,with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days from the date of
issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation
Commission and the applicant.
If you wish to appeal this decision under the 'Town Bylaw,
a complaint must be filed in Superior Court:
RECORDING INFORMATION:
RETURN TO:
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
..................................................................................................................................................................................................................
North Andover Conservation Commission, 120 Main St. , North Andover rA 018 5
To sswng Aut rpnty
Please be advised that the Order of Conditions for the project at Berry Pond Road
File Number 242— 749 has been recorded at the Registry of Deeds, Northern Essex and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on-----. 19_
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature Applicant
5-4A
L