HomeMy WebLinkAboutFIRST CITY DEVELOPMENT CORP (3) piE_'��
310 CMR 10.99
Tf��ti f✓l.r. K
Form 8 N4R'ft aki�(�`►`ER
a G} DEP Fite No. 242— 651
(To oe orovioeci by DEP)
=: Commonwealth Cdvlown North Andover
,_
�- of Massachusetts gpDucant First City Development Corp,
UW 4
` Blue Ridge Road Extension
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From North Andover Conservation Commission Issuing Authority
PO BOX 15
To First City Development Corp. Beverly MA 01915
(Name) (Address)
Date of Issuance April 26, 1995
This Certificate is issued for work regulated by an Order of Conditions issued to First City
Development Corp. dated 05-05-93 and issued by the NACC
1 . )MKX It is hereby certified that the work regulated by the above-referenced Order of Conditions gas
been satisfactorily completed.
2. ❑ It is hereby certified that only the following portions of the work regulated by the aoove•refer-
enced Order of Conditions have been satisfactorily completed: (If the Certificate cf Compiiance
does not include the entire project, specify what portions are included.)
3. ❑ It is hereby certified that the work regulated by the above-referenced Oroer of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation unoer the Act may be commenced without filing a new Nonce of intent
and receivmc a new Order of Conditions.
........................................................................................................................................................_ _... ...... ......
(Leave Soace Blank)
6-1
�:lfectjve ,1110/89
l AV
q. ® This certificate shall be recorded in the Registry of Deeds or the land Court forine oisir'-1"(date)
which the land is located.The Order was originally recorded on
May 18, 1993
at the Registry of Deeds, Essex North . Book.. Page
INSTRUMENT # 14332.
5 Q The following conditions of the Order shall continue: (Set forth any conditions contained in the
Final Order. such as maintenance or monitoring,which are to continue for a longer period.)
issued by North Andover Conservation Commission
Signature(s)
I
C
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
April 1 95 before me
On this 26th day of p g—
personally appeared
Geor e L. Reich , to me known to be the
person described in arc who executed the foregoing instrument and acknowledged that he.,she executed
the same as his/her free 4;,t and deed.
cta^� Puot:c My commission expires
Recording Information: North Andover Conservation Commission
Detach on dotted line and submit to the No An v .Q..8A5........... r,r........................................
12Uain t. }�
....................................................... i... ;;,ST.Tf QxxT�l;:' CG.''�"CR';AT' , '.- I.�1" c .
NACC •rin^ - T,:�,. issuingAutnonry
To
t %1A IN STPT
Please be advised mat the Certificate of Como:wce for the protect at. eq.;,' �1•„_':RR 'a n'
D
Ii
Fde Number 242— 651 nas been recorcec at the Registry of
eds �ibtthetrr`Essex
to
and nas teen notec in ire cnam of title at me atievea orczer y on
If reccrcea tans.'^e ins:rumens numcec•vnicr.,termites tn:s uansavion is
::reg:siereo land, ne cccument numoer wn:cn identities:n:s iransac::on:s
AppuC3nt
s gnature
8.2
4. ® This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in _
which the land is located.The Order was originally recorded on
May 18, 1993 (date)
at the Registry of Deeds Essex North . Book Page
I -
INSTRUMENT # 14332.
5. U The following conditions of the Order shall continue: (Set forth any conditions dontatned in the
Final Order, such as maintenance or monitoring,which are to continue for a longer period.)
i
North Andover Conservation Commission
Issued by
Signature(s)
f
i � 1
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 26th day of April 9_L5_. before me
personally appeared
George L. Reich .to me known to be the
person aescribed in and who executed the foregoing instrument and acknowledged that he!she executed
the same as his/her free ;ct and deed.
c'ary Puol;c My commission expires
Recording Information: North Andover Conservation Commission
Detach on dotted tine and submit to the 120 NO._Ando .Q1.� 5 ••..••............••••."'•"'••"""
tin....t:.a... TJT p K
....................................................................................... e'i� X� l;:'ER CT"q'-)EF/AT'nN rr " tCc: •,i
NACC 'J-,7)TLJ - T.,,. * Issuing Autnonty
To `
. -,1AN STREET
Please be advisee that the Certificate of Compawce for the protect at. �`� ! n
riie tvumoer
242- 651 Mas oeen recorcea at the Registry of eels, NQS tthez`t `E�s sex
to
anc"as peen notec in tre cnain of tale of me attec:eo or=erty on
u reccrcec ianc.ne ins,,rurnent numoer.••vrncn icenufies erns transact+on's
::re;tsiereo tano.:ne c=,anent numoer wrncn tcennttes ins transaction:s
acoi,cant
S,cnature
8.2
310 CMR 10.99 3QC `
To�� �
Form 8 fAQRJ4 "
et DEP Fite No. 242— 651
� �1 Lei
`R fro be orovioed by DEP)
-rte Commonwealth c,tvlow„ North Andover
First City Development Corp.
of Massachusetts ,apoiicant
-=j Blue Ridge Road Extension
Certificate of Compliance
'Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From North Andover- Conservation Commission Issuing Authority
PO BOX 15
To First City Development Corp. Beverly MA 01915
(Name) (Address)
Date of Issuance April 26, 1995
This Certificate is issued for work regulated by an Order of Conditions issued to First City
Development Corp. dated 05-05-93 and issued by the NACC
1. 49KX It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
2. ❑ It is hereby certified that only the following portions of the work regulated by the above-refer-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project,specify what portions are included.)
3. ❑ Itis hereby certified that the work regulated by the above-referenced Order of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without filing a nev. Nonce of intent
and receiving a new ions.
...................................................... ................................................................ .....
6-1
Effective 11110/89
4. ® This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located.The Order was originally recorded on . May 18, 1993 .(date)
at the Registryof Deeds, Essex North , Book-. Page
INSTRUMENT # 14332.
5. Q The following conditions of the Order shall continue: (Set forth any conditions contained in the
Final Order, such as maintenance or monitoring,which are to continue for a longer period.)
Issued by
North Andover Conservation Commission
Signature(s)
'i
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 26th day of April , 1 g 95 , before me
personally appeared George L. Reich . 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.
qontary Public My commission expires
Recording Information: North Andover Conservation Commission
Detach on dotted line and submit to the • t Q Q�.t��kS.
Main t No r A ?S :DSS C ,'V .........................
.................................................................................. ..... ... !704 04 r
n �' 0 StRVATICN C!'"'f;'ISSi";
To NACC J,C)RTU .1ttQg1;4R;;" i !4AEE -tssumgAuthont,
Please be advised that the Certificate of Compliance for the protect at. 120 MAIN STREcT
•; T!-1 " lAs�1a ;z
Fiie Numoer 242— 651 has been recorded at the Registry of Leeds, TIt'Ytertt� sex
and has been noted in me cnain of tale of the affected orocerty on �9
it reccreeo ianc.*.ne Instrument numcer.vnicn icentaies trns:ransac:ion Is
a regtstereo land.me cocument numoer wnicn identifies this transactions
Aooiicam
Signature
8-2
e
310 CMR 10-99 T€�
Form 5 oEPi=OM 242-651
•
(Tacoma - a>r
OEM
� /7 nf3 North Andover
� Gly.Town
•- _- Commonwealth
of Massacriusetts ACOCant First Citic ns.�_elopiR nt Corp.
M.
Blue Ridge Extension
Order of Conditions
Massachusetts Wetlands Protection Act
O.L. c. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From
Tc First City DPyP1s}LmanJ—P }L_..-_
(Name of Applicant) (Name of property ownerl
P.O. Box 15
Address Beverly MA Oj Qi s Address —
This Orcer is issued and delivered as follows:
❑ by hand delivery to aaoficant or representative on (date)
❑ by certified mad.return receipt requested on (rate)
This project is located at— Blue .8i d gP Fx n s'nn
The property is recorded at the Registry of Dees North Fc�Qv
Book 3320 Page 117 —
Certr'icate(it registered)
The Notice of intent for thts project was filed onM11-g--1994 (date)
The oubfic nearing was closed on April 21 1993 (date)
Findings
The NACC has reviewed the above-referenced Notice of
Intent anc pians anc nas neic a putific hearing on me croject.3ased on the information avaiiaole to the
_
NAC at this time.the NACC has determined that
the area on whl=the proposed work is to be done is 31gnlficant to the following interests in accordance with
the Presumpuons df Significance set forth in the reguia:ions:Or eacn Area Subject to Protection Under the
Act tC.eck as appropnate): Ch.178 91 prevention of erosion and sedimentation
;•�
Pubi;z water supaiy R Flood control M Land containing shellfish
Q Private water supply M Storm damage prevention ❑ Fisheries
to
r supply Prevention of pollution ❑ Protection of wildlife habitat
Ground pp y
17 on
C11 �7�8 Wildlife State Share Recreation
Total Fiing ire Sub ttted {th_ fee in excess cf S2=)
CityiTown Share
Total Refund Due S CitylTown Portion S State Porion S
( (,/z total)
'/z total)
E!te ve 1 V10189
242-651 Blue Ridge Road Extension
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 hereunder shall be 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 Protection 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.
7. The proposed work includes roadway, utilities, sedimentation
basin and grading in the buffer zone in and near the Town Forest,
but does not include and will not permit paving within 100 feet of
any resource area.
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 First City Development Corp.
(b) Plans prepared by Eastern Land Survey Assoc. , Inc.
9. The following wetland resource areas are affected by the
proposed work: buffer zone, bank, land under water, bordering land
subject to flooding, and bordering vegetated wetland. These
242-651 Blue Ridge Road Extension 2
resource areas are significant to the interests of the Act and Town
Bylaw asnotedabove. 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.
10. The NACC agrees with the applicant's delineation of the wetland
resource areas on thesiteas shown on the plans dated 3/8/93.
Further, the NACC finds the bordering vegetated wetland near the
proposed work site is larger than was delineated in the previous
filing relating to this area (242-385) .
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 . 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.
14. The NACC previously reviewed a project in this area (242-385) ,
but it is unclear if that Order of Conditions covered this project.
This new order will therefore stand alone.
15. The sewer lines on the site, where they cross wetland resource
areas, shall be tested for water tightness in accordance with North
Andover DPW standards
SUBDIVISION LOT DEVELOPMENT
16. This Order of Conditions and the submitted Notice of Intent
applies only to the roadways, utilities and drainage facilities.
Although information was presented on the potential location of
individual houses, these were not final plans for the development
of individual lots. Therefore additional submittal may be required
for any alteration of land within the buffer zone.
17 . The NACC shall be notified in writing of any lot line or
number changes with a copy of a plan showing these changes prior to
any work on these lots.
PRIOR TO CONSTRUCTION
242-651 Blue Ridge Road Extension 3
18. 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.
19. This Order shall be recorded by the applicant at the Registry
of Deeds immediately after the expiration of all appeal periods.
No work shall be undertaken until the Final Order has been recorded
in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of 'the
affected property. In the case of recorded land, the Final Order
shall also be 'noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be
done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the
land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation
Commission on the form at the end of this Order prior to
commencement of the work.
20. 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 Department of Environmental Protection, File Number
242-651" .
21. 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 impacts. 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.
22. 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.
23 . The applicant shall submit a construction schedule sequence to
PP /
242-651 Blue Ridge Road Extension 4
the NACC detailing the proposed sequence of work on site to
complete this project.
24. Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
erosion control measurescanbe properly placed and wetland impacts
can be monitored.
25. A row of staked hay bales backed by a siltation fence shall be
placed between all construction areas and wetlands. The erosion
control barrier will be properly installed and placed as shown, and
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.
26. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 25 hay bales and
sufficient stakes for staking these bales (or an equivalent amount
of silt fence) . Said bales shall be used only for the control of
emergency erosion problems, and shall not be used for the normal
control of erosion.
27 . A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $17, 000. 00 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 before commencement of work. Said bond or 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 provision, satisfactory to the NACC, has
been made for performance of any conditions which are of continuing
nature. The applicant may propose a bond 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.
DURING CONSTRUCTION
28 . Upon beginning work, the applicant shall submit written
progress reports every l month detailing what work has been done in
o
or near resource areas, and what work is anticipated to be done
over the next period. This will update the construction sequence.
29. 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
#242-651 Blue Ridge Rd. Extension 5
parts of any of the foregoing.
30. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
31. 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.
32 . There shall be no stockpiling of soil or other materials within
twenty-five (25) feet of any resource area.
33 . The applicant shall clean up and landscape the area adjacent to
the weir structure near flags B-1 and A-28 under the direction of
the Conservation Administrator.
34. Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
35. 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.
36. Accepted engineering and construction standards and procedures
shall be followed in the completion of the project.
37. 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.
38. 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
39. 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
#242-651 Blue Ridge Rd. Extension 6
authority of the Town's Wetland Protection ByLaw.
40. Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in 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.
41. 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
cover has been achieved.`
42. Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professional [Civil Engineer
or Land Surveyor] certifying compliance with this Order of
Conditions and the approved plans referenced herein (or approved
revisions) . 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.
43 . The following special conditions shall survive the issuance of
a Certificate of Compliance for this project:
14. Maintenance of catch basins.
35. Discharge or spillage of pollutants.
36. Prohibition of storage of fuels underground.
37. Limitations on the use of fertilizers, herbicides
and pesticides.
4. ❑ This certificate snall be recorded to the Reetstry ofDeedsor the land Court for the clstnct in
which the land is located.The Order was originally recorded on tdate)
at the Registry of Book—. Page
The following conditions of the Order shall continue: (Set forth any conditions contained In the
Final Order, such as maintenance or monitoring, which are to continue for a longer period.)
ssuedby North Andover Conservation Commission
Sl^na.ure;s)
z4
_70/
`9ac
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this day of , 19----. before me
personally appeared , to me known to be the
persan described in and who executed the foregoing instrument and acknowledged that hershe executed
Me same as his/her.free act and deed.
Notary Publ'c My commission expires
Detach on dotted line and submit to the
issuing Autnonty
7c
Please be aCvised teat the Ceniticate of Comottance for the protect at.
-rlie vube
r
242— has been recoroeat Registry
of Deeds, Northern Essex
,o
anC nas been noteo in the chain of title of:ne atlectec orocerry on< r
it reccreec lanc.:ne instrumentnumoer,•.vn,cn soenuties ins:ransac:}ones
a re,.sterec iana.:ne cccument number Nvnicn tbentnhes this transaction is
acpuzant