HomeMy WebLinkAboutMiscellaneous - Massachusetts Avenue-Andover StreetLlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands d
I WPA Form 5 - Order of Conditions 41116414
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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A. General Information
From:
North Andover
Conservation commission
This issuance if for (check one):
❑ Order of Conditions
® Amended Order of Conditions
To: Applicant:
Massachusetts Electric Co. c/o Melissa Hall
Name
1101 Turnpike Street
Mailing Address
North Andover MA. 01845
City/Town State Zip Code
1. Project Location:
North Andover Commons
Street Address
Maps 58, 586, 59; 96 and 97
Assessors Map/Plat Number
2. Property recorded at the Registry of Deeds for:
Essex North
DEP File Number:
')A') 47'34
Property Owner (if different from applicant):
See NOI Attachment G
Name
Mailing Address
City/Town State Zip Code
North Andover
City/Town
See Abutters List
Parcel/Lot Number
Instrument # 02440
County Book Page
Certificate (if registered land)
3. Dates:
11/20/03 Amendment request 12/22/04 1/12/05
Filed 9/9/04 Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
NOI November 2003
Title Date
North Andover 04 to Underground Commons Project Plan Sheets 1 of 13 10/14/03
Title
Date
Part Plan -Transformer Pad w/ Oil containment 1/7/04
Title Date
5. Final Plans and Documents Signed and Stamped by:
Richard E. Costa, P. E.
Name
6. Total Fee:
$305
(from Appendix B: Wetland Fee Transmittal Form)
Wpaform5.doc • rev. 12/15/00
Page 1 of 7
L1Massachusetts Department of Environmental roteti n
Bureau of Resource Protection - Wetlands Meft�� DEP File Number:
1 WPA Form 5 - Order of Conditions 242-1231
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above -referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
® Public Water Supply
® Private Water Supply
® Groundwater Supply
❑ Land Containing Shellfish
❑ Fisheries
® Storm Damage Prevention
® Prevention of Pollution
® Protection of Wildlife Habitat
® Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
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. The 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, bylaws, or regulations.
Wpaform5.doc • rev. 12/15/00 Page 2 of 7
Massachusetts Department of Environmental Prolection .
Bureau of Resource Protection -Wetlands
fN 6nVe'G DEP File Number:
WPA Form 5 - Order of Conditions 242-1231
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.,
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain 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 of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
No work shall be undertaken until the Order has become final and then 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 the 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 done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number 242-1231
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
Wpaform5.doc • rev. 12/15/00 Page 3 of7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands %m"Je'A
WPA Form 5 - Order of Conditions 242-1231
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order. '.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Findings as to municipal bylaw or ordinance
Furthermore, the North Andover
Conservation Commission
hereby finds (check one that applies):
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
North Andover Wetland Protection Bylaw Chapter 178
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
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.
Wpaform5.doc • rev. 12/15/00 Page 4 of 7
AMENDMENT - North Andover Utility Project - 242-1231
At their meeting of December 22, 2004, The North Andover Conservation Commission (NACC) voted
(3-2) to amend the Order of Conditions for the North Andover Commons Utility Project (242-1231) to
accept the plan as referenced below showing the approved location of several utility appurtenances (a
transformer, two switchgear units, three pedestals, and a power supply with associated housing and two
manholes with duct lines). The aforementioned utility appurtenances will be located on a vacant lot at the
intersection of Cranberry lane and Osgood Street.
Condition #28 of the Order of Conditions shall be amended to include the following additional
record plan and documents:
Site Plan Prepared by: National Grid USA Service Company, Inc.,
Westboro, MA.
Entitled: "North Andover OR to UG Commons Project",
"Plan - Osgood St." - Sheet 4 of 20.
Dated: December 14, 2004.
Stamped & Signed by Richard E. Costa, P.E.
Other Record Documents: ENSR letter dated December. 17, 2004 (includes mitigation
plan);
ENSR letter dated December 21, 2004.
Condition #29 shall be amended to read: The following wetland resource areas are affected by the
proposed work: Buffer Zone to Bordering Vegetated
Wetland, 25 foot No -Disturbance Zone (local jurisdiction
only), and 50 foot No -Construction Zone (local
jurisdiction only). These resources are significant....
Condition #31 shall be amended to read: ....In order to prevent any alteration of wetland resource
areas a twenty five foot (25') No -Disturbance Zone and a
fifty foot (50') No -Construction Zone shall be established
from the edge of the adjacent wetland resource area (except
in those areas previously disturbed as shown on the approved
plans and as depicted on the approved amendment plan
dated December 14, 2004).... No disturbance of existing
grade, soils or vegetation is permitted in the No -Disturbance
Zone except for the utility installation within roadways and
disturbed shoulders and as referenced above. (See Section
3.4 & Appendix F of the local Regulations).
Condition #66 shall be amended to read: The following special conditions shall survive the issuance
of a Certificate of Compliance (COC) for this project:
➢ 25' No -Disturbance Zone and 50' No -Construction Zone
shall be established....
➢ .... (Condition #60)
➢ .... (Condition #61)
➢ .... (Condition #62)
➢ Access limitations for the work within the Cranberry
Lane/Osgood Street Lot (Amended condition #3 - see
below).
AMENDMENT - North Andover Utility Project - 2421231
In addition, the following conditions shall also be incorporated:
1. Prior to construction activities, the Amended Order of Conditions shall be recorded in
accordance with condition #36.
2. Immediately following completion of work activities on the Cranberry Road/Osgood Street
lot, the mitigation area shall be planted in accordance with the submitted mitigation plan
(December 17, 2004). A professional wetland scientist shall monitor the mitigation area for
two complete growing seasons and monitoring reports shall be submitted to the Conservation
Department at the end of each growing season to report on the relative success or failure of the
restoration effort. If at the end of the second growing season, if it has been determined that a
75% success rate has not been achieved, the NACC maintains the right to require additional
mitigation measures.
3. Access to the utility appurtenances within the No -Disturbance Zone on the Cranberry
Lane/Osgood Street property shall be limited to the existing opening in the stone wall off of
Osgood Street. Access to the other structures on the lot, not within the No -Disturbance
Zone, shall be completed from the Osgood Street and Cranberry Lane road shoulders. No
vehicular access shall be allowed within the No -Disturbance Zone for maintenance purposes
unless otherwise approved by the NACC or Conservation Administrator. This condition
shall remain in perpetuity of this Order.
Massachusetts Department of Environmental Protection
DEP File Number:
L7 Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1231
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
See attached
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions #4, from the date of issuance.
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested) or hand delivered to the applicant. A copy also rU4t be mailed or
hand delivered at the same time to the appropriate Department of Environmental P e ion Regional
Office (see Appendix A) and the property/owner (if different from applicant).
Signatures:
On hd Of
Day
before me personally appeared
Month and Year
aDloY
to me known to be the person described in and who executed the foregoing instrument and
acknowle ed that he/she executed the same as his/her free act and deed.
DONNA R WEDGE
N ary Public My Com ires M
�JHQF
This Order is issued to the applicant as follows: M1►Cann��
❑ by hand delivery on Q� by MITT mail, return receipt requested, on
I/I abs -
Date Date
Wpaform5.doc • rev. 12/15/00 Page 5 of 7
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
Ll I WPA Form 5 - Order of Conditions 242-1231
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be 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
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Wpaform5.doc • rev. 12/15/00 Page 6 of 7
Massachusetts Department of Environmental Protection
L1
Bureau of Resource Protection - Wetlands
11 WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
Provided by DEP
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1231
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
i
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Wpaform5.doc • rev. 12/15/00 Page 7 of 7
Massachusetts Department of Environmental Protection
L1
Bureau of Resource Protection - Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important: 1. Person or party making request (if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor - do City/Town State Zip Code
not use the
return key. Phone Number Fax Number (if applicable)
" V Project Location
Mailing Address
reran
City/Town State Zip Code
2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number (if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for $50.00, payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
Page 1 of 2
wpaform5.doc • Appendix E • rev. 9/22/04
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
Appendix A).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform5.doc • Appendix E • rev. 9/22/04 Page 2 of 2