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HomeMy WebLinkAboutTOWN OF NORTH ANDOVER 310AC-MR 10.99 Form 5 DEP Fite►4o, 242-365 ^, tro LM awxswn w UEV1 Commonwealth Ciry,toWn North Andover of Massachusetts i G{ Aoviicallt Town of No. Andover DPW 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 DPW Town of North Andover (Name of Applicant) (Nance of property owner) '. 384 Osgood Street Address No. Andover, MA 01845 Address 120 Main Street, No. Andover, MA 01845 This Order is issued and delivered as follows: by hand delivery to applicant or representative on / (date) by certified mail, return receipt requested on ���/97 � 3 (datel (his project is located at Cyr Recycling Center @ Sharpners Pond Rd The property is recorded at the Registry of Narrliprn F•-q-qpm _ Book 1266 Page 609 Certificate (if registered) The Notice of Intent for this project was filed on May 20, 1997 (dale) ' The public hearing was closed on June 4, 1997 (date) J Findings The North Andover Conservation Commission has reviewed the above-referenced tJetice of Intent and plans and has held a public hearing on the pro)ect. Based on lthe information a,,adaote tc the NACC at this time. the_1'f11(:(' _ has determined that the area on which the proposed work is to be done is significant to the following interests in accoroance v.ith the Presumptions of Significa[Lce S }o in therequlal+ons for each Area Sub)ect to Protec'ron Under the c;h. 1�8 Recreation Act (check as appropriate): Ch.178: Prevention of Erosion & Sedimentation Ch.178V Wildlife ( Pubiio water supply (� Flood control ❑ Lind containing shellfish ( Private water supply Storm damage prevention 9 Fisheries Ground water supply ( Prevention of pollution Y-f Protection of wildlife habitat Total Filing Fee Submitted Town Project/Exempt State Share City/Town Share (V_ lee if) r�xcess of ?�) Total Refund Due S CityrTown Portion S State Portion S . . I DEP FILE# 242 - 865 Therefore, the North Andover Conservation Commission (hereafter the "NACU) 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: Re-grading for the purpose of constructing a soccer field within the Buffer Zone of a Bordering Vegetated Wetland(BVW). CAWinword\00C\242-865.doc 1 NACC 6/3/97 DEP FILE #242- 865 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: Town of North Andover DPW DATED WCV97 Plans prepared by: Town of North Andover DPW Entitled"Topographic and Wetland Plan of Sharpeners Pond Recreational Area" DATED REV 5/16/97 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 REV 5/16/97. 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 twenty five foot(25') No-Disturbance Zone and a fifty foot(501 No-Construction Zone shall be established from the edge of the adjacent wetland resource area except from wetland flags 2-21 through 2-25 and at the existing wetland crossing. The haybale/silt fence barrier shall run tangent with the existing dirt roadway. 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). CAWinword100C1242-865.doc 2 NACC 6/3/97 DEP FELE #242- 865 PRIOR TO CONSTRUCTION 14. 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. 15. 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 format the end of this Order prior to commencement of the work. 16. 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 242-865." 17. 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. 18. 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 CAWinword\000\242-865.doc 3 NACC 6/3/97 DEP FILE#242 - 865 supervisor hired to coordinate construction and to ensure compliance with this Order. 19. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 20. 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. 21. 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 properly installed and placed as shown on the plans approved 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. 22. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a nunimum of thirty (30) 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\00C\242-865.doc 4 NACC 6/3/97 DEP FILE #242 - 865 DURING CONSTRUCTION 23. 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. 24. 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. 25. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 26. 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.. 27. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 28. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 29. 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. 30. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 31. 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. 32. 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\242-865.doc 5 NACC 6/3/97 DEP FILE #242- 865 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 33. 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. 34. 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. 35. 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 foaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 36. 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. " 37. Furthermore, the following information must be submitted to the NACC when requesting a Certificate of Compliance: a) The DEP file number; b) A statement certifying compliance with the Order of Conditions and approved plans. CAWinword\00C\242-865.doc 6 NACC 6/3/97 DEP FILE#242 - 865 38. 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 #242-865. 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 NN,aive these setbacks as established under the local ByLaw; • Discharge of spillage of pollutants; • Prohibition of storage of fuels underground; • Limitations c ,, [fie use of fertilizers, herbicides and pesticides. CAWinword\OOC\242-865.doc 7 NACC 6/3/97 242-865 �ign2ture(S) i his CrC=_r^ust Oa signed 5y a majority at tha Conservation Commission. On 4th da y of June t a �7 telare me this , personally _speared Joseph W Lvnch Tr to me ,<nawn to t7e the person eeCcrioed in and who executed the foregoing instrument and ac4nawledg?d That hershe executed ti ie same as hisoler free act and deed. r December 11, 2003 INGta^jj My commission expir=es �'a aCdtia.3nt.:,Isowner, any c1=41 dgg teved';y this Oreer, any awner at land=ucting the land ut'cn whicm the orCCCSeC walk is to n acne.cr any ten resicen,ts at tine c..:,y or town in wnictt sucn tans is located.are neraay notified at;herr ngrt to recuest me aeaarrment at `nvrrcnmantal ?rc:ect,or, to issue a Superseding Order, ;roviding the request Is rhacs ay cercrfie� rail or hard delivery .o me Oeearmertt. with tine aeGrccr:ate fiiing'ea and Fss Trans,:11nai Farrn as Grcvided in 31Q CJAA tQ.tJ:(?1,w,min ten days tram tine dale of issuance of tris Oetermtnarton.A ccFy at the request small at tine same time Ce sent ny certified mail or hana aairverf to:me Conservaucn Commission and tma acclicart. IF you 41sn to appeal this decision under the Town Bylaw, a comolaint must be filed in Superior Court. . l A, RECEIPT FRONT THE REGISTRY OF DEEDS i4UST BE SUBMITTED TO THIS OFFICE SHOWING THLkT THIS ORDER OF CONDITIONS HAS BEEF RECORDED AT THE `ORTH ESSEX REGISTRY OF DEEDS. tlOrtCt Andover Can eT��J i mm prior tc aammenerment a!.+ark. oatach an dotted line and sudmit to the kQ O L845 1 6 Main Street, No. :�ndov�r...�.:............................ ................ ...................................................... North Andover Conservation Commission io !'lease Ce aa'+'saa tnat tore arcer of Conditions lar the prclect a 865 Deeds Es Sex North Diserict ;nC =�te Num^er — ^as peen racarded at the R°r'rs.:/of v ,,,as ceen netec:n !ne cram at une cf tme arfec:ea dreeer-i,.n acccrcanca-it'll General Ccnc:ucn 3 an It racdreaa ',� •a. :ne savmen: romper wr.rcn taenaties.r.rs "srsac=on,s It ,a�,s•a,� r, nA v^c mint numCer wnrdn oennl,es tn,unsacuon s