HomeMy WebLinkAboutMiscellaneous - 255 HAY MEADOW ROAD 4/7/1988 l ' 4_01_1,
Form B D E 0 E File No. 242-456 _
g* (To be provided by DEQE)
=
City/Town North Andover
Commonwealth
of Massachusetts Applicant G & P Realty Trust
` Lot 64A - Haymeadow Road
I�t
order of Conditions
Massachusetts �otlar�ds Protection Act
� w, G.L. tc. 131 , §40
rand under the Town of North Andover's Town Bylaw, Chapter 3.5 A&B
From North Andover Can erva
G & P Realty Trust G & P Realty Trust
To
(Name of Applicant) (Name of property owner)
731 Winter Street 731 Winter Street
Address
North Andover, MA Address North Andover, MA
This Order is issued and delivered as follows:
(date)
(� by hand delivery to applicant or representative on
O by certified mail, return receipt requested on
• (lake)
This project is located at Lot 64A - Haymeadow Road
The property is recorded at the Registry of North Essex
Boo k 2463 Page 2_ 3
Certificate (if registered)
The Notice of Intent for this project was filed on Anri7 7 198$ (date)
The public hearing was closed on
June $, 19$$ (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 available to the
NACC at this time, the NACC has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations and precedent and practice under this
Town's ByLaw for each area subject to protection under the Act and ByLaw:
d Public water supply 9 Flood control ❑/ Land containing shellfish
L3� Private water supply 9 Storm darnage prevention ® Fisheries
C� Ground water supply C� Prevention of pollution U Protection of wildlife habitat
5-1
242-458 Lot 64A, - Haymeadow Road
Therefore, the NACC hereby finds that the following conditions arc
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- r
ests checked above. The —. AC-Cd 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 fol-
lowing 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'condiiions slated herein, and with rill related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this; Order.
2. This Order does not grant any property rights or nny exclusive privileges,. it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permillee or any other person of file necessity of complying with all
other applicable fedetal, slate or local statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from the dale 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 limn: for completion has been extended to a specified date more than three years, but less Char
five years, from the dale of issuance and both that dale and the special circumstances warranting
the exlcndcd time period are set forth in this Order.
S. This Order rnny be extended by the issuing authority for one or more, periods of up tpthree years each
upon application to the Issuing authority nt least 30 days prior to the expiration dale of the Order.
6. Any fill used in connection with this project ;;hall be clean fill, containing no trash, refuse rubbish or de-
bris, 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: � 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 have been completed.
8. 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 NACC
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feel or more than three square feet in'size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number 242- 458
10, Where the Department of Environmental Qualily Lngincerinq 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.
11 , Upon completion of the work described herein, the applicant shall forthwith request in writing that a ;•;'2
Certificate of Compliance be issued stating that the work lips been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
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Page -3-
ORDER OF CONDITIONS LOT 64A - HAYMEADOW ROAD D.E.Q.E. #242-458
12. The work shall conform to the following plans and additional
Conditions:
a. Notice of Intent submitted by G & P Realty Trust,
prepared by Yankee Engineering of Methuen Inc. ,
dated April 6, 1988. Seven (7) sheets.
b. Plan entitled "Site Plan of Land Located in North
Andover, MA" prepared for Marino Custom Homes by
Yankee Engineers, dated March 23, 1988, last revised
June 13, 1988. One (1) sheet, Labeled Job No. 002-0171 .
C. Letter from abutters dated May 12, 1988. Three (3) sheets.
d. Plan entitled "Concrete Bridge - N. Andover, MA," prepared
by Newstree International Inc. , for Marino Custom Homes.
Undated One (1) sheet. Labeled Drawing No. PB-1 .
e. Letter from abutters Mr. & Mrs. T. Snyder. Undated. One(1)
sheet.
f. Memorandum from Marino Custom Homes to NACC dated June 22, 1988.
One (1) sheet.
g. Sheet entitled "Construction Sequence - Lot 64 Haymeadow."
Undated. Unsigned.
h. Letter from Yankee Engineers to NACC. Undated. One (1) sheet
i. Letter and report from Wetlands Preservation Inc. , to
Marino Custom Homes dated June 25, 1988. Eight (8) sheets.
j . Letter from G & P Relaty Trust dated April 27, 1988.
One (1) sheet.
k. Memorandum from Jack Lindon of NACC dated:October 19, 1987
Three (3) sheets.
GENERAL CONDITIONS
13. The NACC has considered work at this site under Files X1242-16, 242-128,
242-263, and 242-413. Work for construction of the house proposed for
this lot is covered under File 11242-413. This Order of Conditions, which
only covers the proposed stream crossing and driveway, is issued in
addition to that file.
14. Previous files have proposed multiple crossings of the wetland resource
areas in this general location, specifically to create up to three drive-
way crossings to access three residential house lots. The NACC has either
denied the proposed work, or conditioned it to allow only one crossing for
a common driveway. The applicant has attempted to secure a common drive-
way permit through the Planning Board, and has not been successful in
achieving this goal, although not all avenues of appeal have been exhausted.
Page -4-
ORDER OF CONDITIONS LOT 64A - Haymeadow Road D.E.Q.E. 11242-458
15. The following wetland resource areas are affected by the proposed work:
bank, land under water, bordering land subject to flooding, and
bordering vegetated wetland. 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 recreation interests of
the Bylaw. The applicant has not attempted to overcome the pre-
sumption of significance of these resource areas to the identified
interests.
16. The NACC agrees with the applicant's delineation of the wetland
resource areas at the site.
PERFORMANCE/DESIGN STANDARDS/CHANGES:
17. The applicant, despite strong NACC indications, relinquished the
alternative of providing access to Lot 64A through Lot 62A by
selling the latter lot without retaining a driveway easement. There-
fore the NACC does not consider this a limited project since the
applicant had an alternative access through the upland area on
Lot 62A. Accordingly, the NACC approves a bridge crossing only if
all bordering vetetated wetland impacts are eliminated by extending
the length of the bridge.
18. No earthen embankment in the buffer zone shall have a slope steeper
than 2: 1. Any slopes of steeper grade shall be rip-rapped to provide
permanent stabilization.
19. The NACC finds the applicant's proposal for wetland replacement areas
to be adequate, but finds the plan lacking in detail. Accordingly,
prior to the start of construction on the site the applicant shall
submit a comprehensive wetland replacement plan which meets all of
the requirements of the wetland regulations. This plan shall be
reviewed and approved by the NACC prior to its implementation.
20. Any changes in the submitted plans, Notice of Intent, or resulting
from the aforementioned conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds, by majority vote,
said changes to be significant and/or to deviate from the original
plans, Notice of Intent, or this Order of Condiitons to such an extent
that the interests of. the Act and Bylaw cannot be protected by this
Order of Conditions and would best be served by the issuance of
additional conditions, then the NACC will call for another public
hearing within 21 days, at the expense of the applicant, in order to
take testimony from all interested parties. Within 21 days of the
close of said public hearing, the NACC will issue an amended or new
Order of Conditions.
21. Any errors found in the plans or information submitted by the applicant
shall be considered as changes, and procedures outlined above in
Condition 1120 for changes shall be followed.
Page -5-
ORDER OF CONDITIONS Lot 64A - Haymeadow Road D.E.Q.E. X1242-458
22. A final set of plans shall be submitted to the NACC for review and
approval prior to start of construction. These plans and letter
shall address all items identified or requested by Conditions 17 thru 19
above. No work shall begin on this project until written approval
has been given by the NACC. All changes shall be considered as
specified in Condition 1120 above.
RESIDENTIAL LOT DEVELOPMENT
23. The NACC shall be notified in writing of any lot line or lot number
changes with a copy of a plan showing these changes prior to any
work on this lot.
24. In conjunction with the sale of this lot, the applicant shall submit
to the NACC a signed statement by the buyer that he is aware of an
outstanding Order of Conditions on the lot, has received a copy of this
Order of Conditions, and has received notice about Condition X145 below.
25. The utilities for the house on this lot shall not be constructed as to
pass under or through any vetland resource areas on this site.
26. 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.
27. Fertilizers utilized for landscaping and lawn care shall be of the low-
nitrogen content variety, and shall be used in moderation. Pesticides
and herbicides shall not be used on any lot in the subdivision within
100 feet of a wetland resource area.
DURING CONSTRUCTION:
28. In advance of any work on this project the applicant shall notify the
NACC, and at the request of the NACC, shall arrange an on-site conference
among the NACC, 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.
29. The applicant, or its successors, shall notify the NACC in writing of
the identity of the on-site construction supervisor hired to coordinate
construction during the work on the site and to ensure compliance
with this Order.
30. Commencing with the issuance of this Order, and continuing through the
existence of same, the applicant shall submit to the NACC a written
progress report 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.
Page -6-
ORDER OF CONDITIONS Lot 64A - Haymeadow Road D.E.Q.E. 4242-458
31. Wetland flagging shall be checked prior to start of construction and
shall be re-established where missing so that required erosion control
measures between construction activity and wetland resource areas can
be properly placed.
32. The construction of the wetland crossing shall follow the sequence out-
lined in Item 12.f above. The NACC shall be notified at least two
(2) days prior to the start of this portion of the project.
33. Prior to any activity on the site, a double row of staked hay bales
shall be placed between all construction areas and wetland areas per
Soil Conservation Service or D.E.Q.E.Standards. This barrier shall be
inspected and approved by the NACC prior to start of construction.
This row of hay bales shall remain intact until all disturbed areas
have been mulched, seeded, and stabilized to prevent erosion.
34. The applicant shall have on hand at the start of any soil disturbance,
removal or stockpiling, a minimum of fifty (50) hay bales and sufficient
stakes for staking these bales. Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for the
normal control of erosion, as described in the Erosion Control Plan
submitted with the Notice of Intnet or the hay bale barrier described
in Condition #33.
35. Upon completion of construction and grading, all disturbed areas
located outside resource areas shall be stabilized permenently against
erosion. This shall be done either by sodding or by loaming, seeding,
and mulching according to Soil Conservation Service standards. If the
latter course is chosen, stabilization will be considered once the
surface shows complete vegetative cover has been achieved.
36. No exposed area shall remain unfinished for more than thirty (30 ) days,
unless approved by the NACC or it' s agent.
37. All erosion prevention and sedimentation protection measures found
necessary during construction by the NACC will be implemented at the
direction of the NACC.
38. There shall be no stockpiling of soil or other materials within twenty-
five (25) feet of any resource area.
39. During and after work on this project, there shall be no discharge or
spillage of fuel, oil, or oilier pollutants into any wetland resource
area. If duing any phase of site preparation, construction, or clean-up,
there is an unintentional spill of discharge of any fuel, oil or other
pollutant, the NACC shall be notified by the applicant as soon as
practical. No 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.
Page -7-
ORDER OF CONDITIONS Lot 64A - Haymeadow Road D.E.Q.E. #242-458
40. Washings from concrete trucks, or surplus concrete, shall not be
directed to, or dumped in, any drainage system or wetland resource
area.
41. 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 on the site, nor shall any waste be disposed of on the site
by any othr means. The applicant shall maintain dumpsters at the site
for the storage and removal of such spent construction materials offsite.
42. Members of the NACC or its agent shall have the right to enter upon and
inspect the premises to evaluate compliance with this Order of Conditions.
The NACC reserves the right to require, following field inspection,
additional information or resource protection measures.
43. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
OTHER CONDITIONS:
44. The provisions of this Order shall apply to and be binding upon the
applicant, its employees, and all successors and assigns in interest
or control.
45. Issuance of these Conditions does not in any way imply or certify that
the site or downstream areas will not be subject to flooding, storm
damage, or any other form of damage due to wetness.
46. A proper bond or a deposit of money or negotiable securities running
to the Town of North Andover shall be provided in the amount of
$20,000 which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC, and shall be posted with the Treasurer
of the Town of North Andover before commencement of work. Said bond
or 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 a
continuing nature. The applicant may propose a bond 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 Town of North Andover Wetlands Protection Bylaw.
47. In addition to the requirements of Condition No. 11, the applicant
shall submit a letter to the NACC from a registered professional civil
Page -8-
ORDER OF CONDITIONS Lot 64A - Haymeadow Road DEQE #242-458
47. (Continued) . . . .
engineer certifying compliance with this Order of Conditions. Said
letter will certify, but not be limited to the following:
a. "As-Built" elevations of all drainage ways 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 to all structures and alterations within
100 feet of any wetland resource areas.
An "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.
Issued By
North Andover Conservation COmrniSsion
SI®nature( °-�—�
This Order must bo signed by a majority of Ilia Conservalion Comrnisslon.
r
• On this 6th day of July 19' 88 , before me
personally appeared Jack Lindon , to me known to be the
person described In end who executed Ilia foregoing Instrument and acknowledged that he/she executed
'
he s me as his tier Ir act and deed.
G'Ga/
September -
Se
Notary Public My cornrnlssion expires
• The eppilcanl,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which Ilia proposed work Is to
be done or any ten residents of the city or town In which such land Is located ore hereby notified of their riphl to request the Department
of Environmental Quality Engineerino to issue
of Superseding inglhOls Order./viding of Ilia gtequosl that
at the rsan o time be sent byicertired
Ule Department within ten days from Ilia
mall or hand delivery to the Conservation Commission end Ilia appllcant.
If you wish to appeal this decision under the Town By Law, a complaint must be
filed in -Superior Court.
r
prior to commencement of work.
Detach on dotted line and submit to the
..»..............................................................................
'Issuing Authority
please be advised that the Order of Conditions for'the project a
' and
File Number 242-45.8 ---.,._•has been recorded at the Hegletry of
has been noted In the chain of till@ of Ilia effected property In accordance with General Condition 8 on
• It recorded land, the Instrument number which Identifies this Iraneection Is
II registered land, the document number which Idenlilles this transaction is
r Applicant.
Signinure