HomeMy WebLinkAboutGUNYA CORPORATION (2) • Town of North Andover NORTN
OFFICE OF 3�°, 61ti-0L
COMMUNITY DEVELOPMENT AND SERVICES _, A
30 School Street
North Andover Massachusetts 01845 �9gO4Argo
WILLIAM J. SCOTT 9SSAcmUS�t
Director
June 19, 1997
Mr. King Weinstein
Gunya Corporation
32 Saco Avenue
Old Orchard Beach, ME 04644
RE: DEP #242-706-DECISION OF THE NORTH ANDOVER CONSERVATION
COMMISSION (NACC).
Dear Mr. Weinstein:
In accordance with M.G.L. C. 131 S. 40 and C. 178 of the Code of North Andover the
NACC held a public hearing on Wednesday April 2, 1997 as a means of discussing the
seizure of the$3,000 performance bond and revoking the above referenced Order of
Conditions established under DEP File #242-706. This public hearing was continued to
the following agreed upon dates:
❑ May 7,1997
❑ May 21,1997
❑ June 4,1997
On June 4ti, of 1997 the NACC closed the public hearing. By issuance of this
correspondence and a majority vote on June 18, 1997 the Conservation Commission did
not elect to seize the bond or revoke the Order of Conditions as the project had been
brought into substantial compliance and in accordance with
DEP #242-706,the North Andover Wetland ByLaw and Regulations and the
Massachusetts Wetland Protection Act.
Issued by NORTH ANDOVER CONSERVATION COMMISSION.
Signature(s):
CONSERVATION 689-9530 HEALTH 688-9540 PLANNING 6W9535
1
This decision must be signed by a majority of the Conservation Commission.
On this 18th day of June 1997, before me personally
appeared Albert Manzi, Jr. 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.
e �
December 11, 2003
NOTARY PUI#,IFC MY COMMISSION EXPIRES
i
I
310 CMR 10.99
' Form 5 r I.
i DEP Fib No. l 242-880
"r'• (ro uwawwMf try UEPJ
Commonwealth_ CAtplown North Andover
73-4t'_ of Massachusetts
Aooacant Gunya•-Corporation
--
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 COKJTIISSION
To Gunya Corporation Same
(Name of Applicant) (Name of property owfier)
PO Box W
Address Old Orchard Beach, ME 04064 Address
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on idatej
by certified mail• return receipt requested on �///� (dale)
This project is located at Lot 3, Route 114
The property is recorded at the Registry of Nnrrlip rti Fccrx _
Book 2769 Page 114
Certificate(if registered)
The Notice of Intent for this project was filed on August 22, 1997 (dale)
The public hearing was closed on September 17, 1997 (date)
Findings
The North Andover Conservation Commission has revievied the above•relerpriced f4olice of
Intent and plans and has held a public hearing on the project. Based on the information alatfaole Ie the
NACC at this time. the __cin(�c' _ has determined that
the area on which the proposed work is to be done is sigftificant to the following interests in accorcance v.ilh
the Presumptions of Significa hce o in the reqMations for each Area Subject to Prolecaor1 Under the
� . ��� Recreation
Act (check as appropriate): Ch.178: r Prevention of Erosion & Sedimentation Ch.178/ Wildlife
X Pubiic water supply Flood control ❑ Lind containing shelilish
N Private water supply Storm damage prevention Fisheries
Ground water supply ] Prevention of pollution p3'1 Protection of wildlife habitat-
.
$250.00
Total Filing Fee Submitted State. Share $.112.50
City/Town Share 137.50 (V_ lee in nxccss of S.'_�}
Total Refund Due S CitylTown Portion S State Portion S
('/x total) ('iz total)
�=Ilnrtivn 11/in/Rq 5. 1
DEP FILE #242 880
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 pians, 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 a single family dwelling and septic
system within the Buffer Zone of a Bordering Vegetated Wetland.
CAWinword\00C\242-880.doc 1 NACC 9/18/97
DEP FILE # 242- 880
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: Gunya Corporation
DATED 8/22/97
Plans prepared by: Merrimack Engineering Services,Inca
Entitled"Plan of Subsurface Disposal System-Lot#3"
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 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 thirty seven foot (37) No-
Construction Zone shall be established from the edge of the adjacent
wetland resource area.No decks or other activities within the Buffer Zone
or resource area can be undertaken without NACC approval. 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. 242-705.
C:\Winword\00C\242-880.doc 2 NACC 9/18/97
DEP FILE#242 - 880
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 242-880."
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.
CAWinword1000242-880.doc 4 NACC 9/18/97
DEP FILE #242- 880
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#8 to #13 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\242-880.doc 5 NACC 9/18/97
DEP FILE # 242 - 880
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.
DURING CONSTRUCTION
26. 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.
27. 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,all fill material brought onto the site must be approved by
the Conservation Administrator lylor to placement.
28. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
29. 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.
30. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
31. Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
32. 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.
33. Accepted engineering and construction standards and procedures shall be
followed In the completion of the project.
C:\Winword\00C\242-880.doc 6 NACC 9/18/97
DEP FILE # 242 - 880
34. 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.
35. 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.
CAWinword\00C\242-880.doc 7 NACC 9/18/97
DEP FILE #242- 880
AFTER CONSTRUCTION
36. 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.
37. 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.
38. 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.
39. 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) 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\242-880.doc 8 NACC 9/18/97
DEP FILE#242 - 880
40. 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.
41. 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 # 242-880. 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\242-880.doc 9 NACC 9/18/97
y �-
242-880
Issued By No. th ndover Conservation Commission
{
r r
Signaturetsl S-i'llt Xz/
This Crcer must be signed by a maiority of the Conservation Commission.
On tats 17th day of September 19 97 beicre me
L
personally aczearec Joseph W. Lynch,— p Y ' Jri . to me Known to oe tine
pers;^n cescr:cec in arw:mo executea the toregctng ins;rumenrano acicnowiecged that rle.sne eYec:::ec
the same as hisiher free act anc geed.
h !t
Priv ccmmisston exG:res
cwner, any cerscr ac-gnevea ty tris Crcer.anv owner at lano=-.,::inc ilia fano uocn wnicn the crcocse^_wcr• S:::ce
cone.cr anv ten res gems c;the c:r;or town in wnicn suvi tana:s iocateC.are rereov notAtea of ineir rrgrt to reoues:;lie
env rormenta; Protect:cn to :ssce a Sucersec.re Crcer. crovio:rc the reauest:s mace ey certittea rraii or nano ceiivery t^, ine oe^a"•'e
wim rile ac�rccr:afe niinc!ee a,---Fee Trartsm:cat Form as croviaea in 310 C::A i o.0317).witnm ten cays from file case ascance c;;na
oeterrmna:cn.A copy c::ne rec es:sna;;at:lie sa,;,e ume ae sent cy cerfttiee matt or nano ceuvery to the Conserya;:cri Comrl!ss.on
anc.lie aa...,cant.
I :ou «i=;. to -^?e2, this decision under the Town 3yiaw, a cc-- Plaint:
must :)e .__ed _.. Superior Court.
Oetac.^.on Cottee line ane SUOmit t0 the North Andover Conse�-��at'Oil �o? r"= Prior ro carimencerneni Of work.
............................................................................................................................................�...�.........................
.................................. MA
To
North Andover Conservation Commission, 120 rain St. , No. Andover
Please oe aaviseo that the Oroer of Ccnaitions for ine protect a
880 Deeds North .Essex_ inc
F,te rvumcer 242– - `:as Been reccrcea at file Reals..of —
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has teen notea in ine grain of tine of ine aftecteo croeerry in acccroance wiln General ConarUon 6 an --•
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It registeree tana. file cccumeni numoer wnicn iaefltities trus transaction is
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