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HomeMy WebLinkAboutGUNYA CORPORATION 31 O,tW{VIR 10.99 { Form 5 �. ,) DEP Firs NO. � 242-881 y ` (to be MovKU-1 by UEV) N .filar f North Andover ..10 Commonwealth City, of Massachusetts Gun a Corporation ! y Aooftcant Y P 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 COtINISSION To Gunya Corporation Same (Name of Applicant) (Name of property owner] PO Box W Address Old Orchard Beach, ME 04064 Address This Order is issued and delivered as follows: I] by hand delivery to applicant or representative on (date) by certified mail, return receipt requested on //���,7 (dole) -f-his project is located at Lot 2, Route 114 The property is recorded at the Registry of Northern Essex _ Book 2769 Page 114 Certificate(if registered) The Notice of Intent for this project was filed on August 22, 1997 (date) The public hearing was closed on September 17, 1997 (date) Findings The North Andover Conservation Commission has reviewed the above-referenced tJotice of Intent and plans and has held a public hearing on the project. Based on the informalion avallaote to the NACC at this time. the _ has delerrnrned lint the area on which the proposed work is to be done is significant to the following interests in accoraance with the Presumptions of Significa ce g 1 in the re ulations 'or each Area Subject to Protection Under the 1�$ Recreation Act (check as appropriate): Ch.178: Prevention of Erosion & Sedimentation Ch.178,K Wildlife Pubilc water supply Flood control Lind containing shellfish Private water supply Storm damage prevention Fisheries Ground water supply K Prevention of pollution ® Protection of wildlife habitat' $250.00 $11'2.50 Total Filing Fee Submitted State Share __ _ City(Town Share V: lee in excess of S25) Total refund Due S City(t•own Portion S State Portion S ('/x total) ('iz total) FI(nr?ivn 11/tn/Aq 5. 1 DEP FILE #242 - 881 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. I r D GENERAL CONDITIONS Z3 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 a single family dwelling and septic system within the Buffer Zone of a Bordering Vegetated Wetland. CAWinword\00C\242-881.doc 1 NACC 9/14/97 DEP FILE #242 - 881 8. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Y 9 ) Notice of Intent filed by: cunya Corporation DATED 8/22/97 Plans prepared by: Merrimack Engineering Services,Inc. Entitled'Tian of Subsurface Disposal System-Lot#2" DATED REV 9/5/`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 9/5/97. 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. 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 thirty seven foot(37) 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. This Order of Conditions is issued as a substitution for those issued under File No. 242-706. CAWinword\00C\242-881.doc 2 NACC 9/14/97 DEP FILE # 242 - 881 PRIOR TO CONSTRUCTION 15. 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. 16. 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. 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 242-881." 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 submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. CAWinword\00C\242-881.doc 3 NACC 9/14/97 DEP FILE # 242 - 881 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 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. 23. A check payable to the Town of North Andover shall be provided in the amount of$4,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasure before commencement of work. Said 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 monetary 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. 24. A hand placed, masonry stone wall no less than two feet(2') in height shall be constructed on the"upland side' (i.e. approx. 26 from the edge of the BVW) of the sedimentation/erosion control. This wall shall extend parallel to the BVW from wetland flag #3 to #8 and shall remain in perpetuity as a mitigating factor for future encroachment into the 25' "No-Disturbance Zone". The limit of wall as shown on the plan referenced and approved herein is not approved by the NACC. 25. 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 CAWinword\00C\242-881.doc 4 NACC 9/14/97 DEP FILE #242 - 881 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. CIDURING CONSTRUCTION 26. Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site,the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 27. Upon beginning work, the applicant shall submit written progress reports every two (2) months 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. 28. IMPORTANT: 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. As noted on the plan of record,alt fill material brought onto the site must be approved bqJ the Conservation Administrator prior to placement. 29. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 30. 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. 31. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 32. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 33. 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 CAWinword\00C\242-881.doc 5 NACC 9/14/97 DEP FILE # 242 - 881 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. 34. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 35. 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. 36. 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. CAWinword100C\242-881.doc 6 NACC 9/14/97 DEP FILE # 242 - 881 AFTER CONSTRUCTION 37. 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. 38. 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 wetlandresource area. This condition is issued under the authority of the Town's Wetland Protection ByLaw. 39. 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. 40. 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" NODISTURBANCE/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) Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, stone walls, pools, retaining walls,and approved decks; c) A line showing the limit of work. "Work" includes any disturbance of soils or vegetation; d) Location of all subsurface utilities entering the property; e) Location of existing erosion controls. CAWinword\00C\242-881.doc 7 NACC 9/14/97 DEP FILE #242 - 881 48. Furthermore, the following information must be submitted to the NACC when requesting a Certificate of Compliance: a) The name and address of the current landowner; b) The name and address of the individual/trust or corporation to whom the compliance is to be granted; c) The street address and assessor's map/parcel number for the project; d) The DEP file number; e) A statement certifying compliance with the Order of Conditions and approved plans. 49. 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 # 242-881. 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; • Masonry stone wall; • Discharge of spillage of pollutants; • Prohibition of storage of fuels underground; • Limitations on the use of fertilizers, herbicides and pesticides. CAWinword\00C\242-881.doc 8 NACC 9/14/97 242-881 • b ri Issued By artwAndov Conservation Commission Si Lure{ This Crcer must to sicreb by a ma onty of the Conservation Commission. Or ;nts 17th bay of September 19 97 belcre me Joseph W. Lynch, Jr. to me Known to be the perscnally acceare� - persen cescrtbet;in arc•;wnc exec::tec the tere=ing instrument anc acicnovrlecged that ne.she exec::;ec the same as hisrher free act anc ceer. Nc:a,-r Pu^::c P,.1v ccmmisston expires I no a:c::cam,:.:ne owner. anv eerscn accaeveo tits Crcer.anv owner of lana=;mna the lanquxn wn cn the crcr^_s°r'+cry s cone.cr anv len res ceras ct the c::y or t-wn in wntcn suer tano:s iocatea.are rereov nottttea of inAtr r:--n1 10 reoues;:ne Cecan-e ct Envirormentai Prctet::^^ is .s-e a 5ucersec're Crcer. crovto,nc the request:s mace try cer iteq man Cr nana ceitve v:c the Ceca^—err. wun the aDGrcDrare tiitna ee arc=ee Trars-: ai rant as Drovrgeo to 310 VAR io.03(7).wttntn ten cans tfcm tie cafe ct:ssuance C.':n:s L7Bler-::ndiiCn.�.CCCy a ,ne feCleSt Sriai(ai ane Sd-a Um8 De Sent Cy C2rltteq frau or nano cenvery to ire CorseNa::Cr C.Dmm:SS.Cr aric ane ?� :ou «ish tc eat t;.is dec'_sion under the Town 3viaw, a cemciaint ^ust '�e _ed �uper,or Court. A OelaCn on CattBG line anD SUDmit to the "circh Andcyer Conseryat' M rnr ^- prior to c--mmencement ct worn. ......................................................................................................................................... ..................................... ................................... MA 01845 ro North Andcver Conservation Commission, 120 Main St. , No. Andover Please De aavtsea tnat the Crcer of CDnottrons tar the crclect a X42-881 Deeds. North _�. sex_ ina ;7'(e Numoer — '^as oeenreccraea at the a°rtstr{of nas peen notea to the train of tine of the attectea crocerry to acccraance wan General Ccnarnon 8 on — t9 If reccraea tans. the instrument numoer wnt=taennhes rrts t a:=czon is if regtsterea Lana. the cccument numoer wntcn icenntres tnrs transaction is :.ccncD^' Stcna:ure 5..;A