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HomeMy WebLinkAboutGUERTIN & ASSOCIATES 310 CMR 10.99 , Form 5 i DEP File No. f 2.42-859 ' ��• (to be awn by UEI11 Commonwealth City4own North Andover y �'•+f of Massachusetts Town of North Andover A • rS+ l` 1 • Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131 , §40 and under the Town of North Andover's Bylaw Chapter 3.5 From NORTH ANDOVER CONSERVATION COMMISSION To Town of North Andover Same (Name of Applicant) (Name of property owner) 120 Main Street Address No. Andover, MA 01845 Address This Order is issued and delivered as follows: 0 by hand delivery to applicant or representative on Idate). by certified mail, return receipt requested on f� 97 0 d,5- ,� 480 (datel This project is located at Coachman's Lane, Map 37A, Lot 29 (Pump Station) The property is recorded at the Registry of Norhfhpro r•��eX _ Book N/A Page N/A Certificate (if registered) The Notice of Intent for this project was filed on April 4, 1997 (date) The public hearing was closed on June 4, 1997 (date) Findings The North Andover Conservation Commission has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information a tailaole tc the NACC at this time. the_R ACC _ has determmed Ihat the area on which the proposed work is to be done is significant to the following interests in accoroance v.ilh the Presumptions of "t Sig nifica ? ort in the re ulatlons :or each Area Subject to ProteviQn Under the uh7� Recreation . Act (check as appropriate): Ch.178: Prevention of Erosion & Sedimentation Ch.178)( Wildlife Pubilz water supply Flood control ❑ Land containing shellfish Private water supply Storm damage prevention Fisheries ( Ground water supply Prevention of pollution �' Protection of wildlife habitat Total Filing Fee Submitted N/A State Share N/A' CityfTown Share N/A ('./_ lee in r�xcass of S25)N/A Total Refund Due S City/7own Portion S N/A State Portion S C/z total) ('12 total) C llnrli..n 11/1 n1Aa 5. 1 - DEP FILE #242 - 859 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 property 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 thirty days (30) prior to the expiration date of the Order (Refer to Section VIII (p.15) of the North Andover Wetland Regulations). 6. 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. 7. The proposed work includes: Construction of 2,000 feet of gravity sewer and 540 feet of force main within the paved right-of-way of Coachman's Lane. Approximately 1,120 feet of gravity sewer and 230 feet of force main will be constructed within the 100'Buffer Zone of a Bordering Vegetated Wetland(BVW). The project also consists of construction of a submersible pump station within the 100'Buffer Zone of a BVW. CAWinword\00C\242-859.doc 1 NACC 6/5/97 DEP FILE #242- 859 8. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: North Andover DPW DATED April 1997 Plans prepared by: Guertin&Associates,Inc. Entitled"Sheet 1-Phase III Sewerage Facilities" DATED February 19% 9. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). 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. 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated . Prior to the issuance of a Certificate of Compliance, the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 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 will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a one foot (1') No-Disturbance Zone and a thirteen foot(131 No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No- Disturbance zone. (See Appendix 5 of the local Regulations). 14. 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 CAWinword\OOC\242-859.doc 2 NACC 6/5/97 DEP FILE # 242 - 859 and the owner or his/her agent shall so specify in the request for Compliance. 15. The sewer lines on the site shall be tested for water tightness in accordance with North Andover DPW standards. PRIOR TO CONSTRUCTION 16. 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. 17. 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 242-859." 18. 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. 19. 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. 20. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. CAWinword\00C\242-859.doc 3 NACC 6/5/97 DEP FILE #242- 859 21. 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. 22. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be installed and laced as shown on the laps approved properly P P pP and referenced herein 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. 23. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of twenty(20) 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. CAWinword\OOC\242-859.doc 4 NACC 6/5/97 DEP FILE #242 - 859 DURING CONSTRUCTION 24. Upon beginning work, the applicant shall submit written progress reports every month 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. 25. 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. 26. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 27. 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. 28. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 29. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 30. 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. 31. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 32. 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. 33. 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 CAWinword\00C\242-859.doc 5 NACC 6/5/97 DEP FILE #242 - 859 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 34. 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. 35. 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. 36. 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. 37. 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). Certification includes, but is not limited to, verification that the limit of work coincides with the approved "NO- DISTURBANCE/NO-BUILD" zones. 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 resource area; b) "As-Built" elevations and grades of all filled or altered wetland resource areas; c) Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, stone walls, pump stations, retaining walls, and/or approved decks; C:\Winword\00C\242-859.doc 6 NACC 6/5/97 DEP FILE # 242 - 859 d) A line showing the limit of work. "Work" includes any disturbance of soils or vegetation; e) Location of all subsurface utilities entering the property; f) Location of existing erosion controls. 47)Furthermore, the following information must be submitted to the NACC when requesting a Certificate of Compliance: a) The name and address of the individual/trust or corporation to whom the compliance is to be granted; b) The street address and assessor's map/parcel number for the project; c) The DEP file number; d) A statement certifying compliance with the Order of Conditions and approved plans. 48. 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 except in those locations approved under DEP #242-859. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones) 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; • Maintenance of catch basins; • Discharge of spillage of pollutants; • Prohibition of storage of fuels underground; • Limitations on the use of fertilizers,herbicides and pesticides. CAWinword\000\242-859.doc 7 NACC 6/5/97 Coachman's Lane 242-859 Map 37A, Lot 29 (Pump Station) Issued By N th nd ver 0�/ Conservation Commission i Signaturels ° This Crcer must be signed by a majority of the Conservation Commission. On tnts 4th day of .Tune 1997 beicre me personally agcearegp Lynch,Joseph W. L nch Jr. . to me Known to Ce the persgn cescr:bed in anc vino exec::ted tne 'orecctne instrument ano acynowieoged that ne.sne exe:::aec the same as hisiher free act anc Geed. I December 11, 2003 Nc;aw Pu--::c My commission expires Thea c::art:.:no owner. any oerscn acgnevea=y ants Crcer.any owner of lano acuning ine lane uMn v+nicn the crcxse^_ ^Cry!s'..::e acne.cr any ten res cer.:s c::re c:ty or town in wrncn sucn tano:s iocatea.are nereov nota neo of their r:crt to reauest:ne Cecan cr Env renmenia; Prctec::cn to issue a sucersec:ng Crcer. crov�c=the recuest:s mace cy certil, man or cane ce:we v is me Ceca^ _-'. wan ine ac:recnate tuinc:ee aro t=ee Transm:nal Form as crov cea to 310 VAR 10.03(71.wurnn ten cans trcm the case v:ssuance c:tris Oeterm.naucn.A cz:: v ine recuest sna+t at ine same time ce sent oy cenitiec man or nano aenvery to the Ccnservar:cn Ccmm:ss.cn anc Ir :OU Nish to appeal this decision under the Town 3viaw, a ccm:)iair.t must *:)e -_-ed Superior Court. Oetacn on cottee tine ano suarttt to the North Andover Conservation COt^^. prior to commencement at worx. ........................................... .................................................................................................................84 J To North Andover Conservation Commission, 120 Main St. , No. Andover �1 ss .n Auirc-n., Please oe aov sea tnat the orcer of Conations tar the orclecs a 242 _Essex_ .tnc ;:,Ie Numeer nas aeon reccrcea at the Rectsm a of nas oeen notea in ine grain of tate of ine attectea crooerty in accereance wan General Conatbon 8 on t9 If reccrcea tang. ine instrument numoer wrnai taencttes tnts transactor a If registerea Lana. the cecument numoer whtctl icienttties tnts mnsacTion is :.ccnca�r Stcna,ure 5.4 A Massachusetts Department of Environmental Protection 242-859 Bureau of Resource Protection- Wetlands Coachman'sLane WPA Form 813 - Certificate of Compliance Pump Station 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 Cow commission alylTown Coachman's Lane Pump Station To: Guertin & Associates SOeetAd&W N/A Benjamin Fehan AssessarsMapP(atf ParceUtaf Name 91 Montvale Avenue MailirgAddress and the final Order of Conditions was recorded on Hingham N/A CiiyTown pare MA 02180 at the Registry of Deeds for Stare Lp co* N/A 2. This Certificate of Compliance is issued for work regulated C=VY Book P by a final Order of Conditions issued to- No. Andover DPW Cenifuare(if mgaeedla" iir�ne June 5, 1997 4. A site inspection was made in the presence of the applicant, or the applicant's agent,on: 242-859 TcxN e, oZ 0 b O p£P fife NurrsDer pate Certification 0 Invalid Order of Condition: It is hereby certified that (Check all that apply): the work regulated by the above-referenced Order of Conditions never 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. commence without fling a new Notice of Intent and receiving a new Order of Conditions. ❑ Partial Certification: It is hereby certified that only the following portions of the work regulated by the above_ 9 Ongoing Conditions:The following conditions of the referenced Order of Conditions have been satisfactorily Order shall continue:(Include any conditions contained in completed.The project areas or work subject to this partial the final Order,such as maintenance or monitoring,that certification which have been completed and are released should continue fora longer period.) from this Order include: Condition Numbers: x . 34 3.5 s 11......1 ,.L,1 Massachusetts Department of Environmentai Protection 242-859 Bureau of Resource Protection- Wetlands Coachman's Lane Pump S tatio WPA Form 86 - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. 731, §40 and North Andover Wetland Protection Bylaw. . Authorization On this 7th Issued by: North Andover day of " June conservation Commission Month June 7, 2000 2000 Dareofl=nm yew This Certification must be signed by a majority of the before me personally appeared conservation commission and a copy sent to the applicant Scott Masse and appropriate DEP R i ce(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. ,votary Pudic My camasion erpues " ' Recording Confirmation 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. ___ ---------- To: _!_rTo: If recorded land,the instrument number which identifies this transaction is corsffv onCormt M= Please be advised that the Certificate of Compliance for the rn project at sovmenrrmmcrr If registered land,the document number which identifies this transaction is ftiea tocwon Rle.Number Doava'NutnbT has been recorded at the Registry of Deeds of Signa M ofAWi2r1 County and has been noted in the chain of title of the affected property on Date • Book