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HomeMy WebLinkAboutConservation Permit # 12/31/1997 310 CMR 10.99 Forrrr 5 OEP File No. � NACC #7 E {, (10 b"LWVVKHWJ try UPP) r) rt Commonwealth cLtystown North Andover — • ^+ of Massachusetts Eight ,Meadows Realty Trust AMS•, = mom, ,Alyz-.gel? M4 a� Order of Conditions dV,�}OY,I�?YEi�r I�'I4.lr/�'t�s` Massachusetts Wetlands Protection Act O.L. c. 131 , §43 and under the Town of North Andover' s Bylaw Chapter 178 From NORTH ANDOVER CONSERVATION CaRMISSION To Eight Meadows Realty Trust Same (Name of Applicant) (Name of proper ty owi,er I 700 Great Pond Road No. Andover, MA 01845 Address Address This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on [date} by certified mail. return receipt requested on December 4, 1997 (dal�l This project is located at Lot 3 Saile Way The property is recorded at the Registry of Essex _ Book 3315 sage 295 Cer ifica(e(if registered) - ----...—�.91 197 Pm3:14 The notice of Intent for this project was filed on October 6, 1997 Jdale) ' The public hearing was closed on November 19, 1997 (date) Findings North Andover ConservaCion Commission e ti r The has reviewed the above-r elPranced fJalic_ of �€ Intent and plans and has held a public hearing an the project. Based on Ilse information Ic the .� NACC at this lune. the . rIAC C _ has delerfumed that 0 the area on which the preclosed work is to be done is signilicarlt la Ilse tonowin�j interests in accoraarlce with ; the Presumptions of Significa ce g io in the re ulalrans !or each Area Subject to Pratec:ior1 Under the ' ta, A Recreation Act (check as approcriale): Ch. 178: Prevention of Erosion & Sedimentation Ch. 179 Wildlife Pubiic water supply ] Flood coniral ❑ Land containing shi lliish Private water supply Storm damage prevention f=isheries Ground water supply Prevention of pa(lution Protection of wildlife habitat' 25.00 $0.100 Totai Filing Fee Submitted $ Slate Share _ ----- City/Town Share $25.00 ler~ ir1 nx.ct?ss of ;,?W) Total Refund Due S City/Town Portiere S Stale Portion S (V2 total) (1/2 total) NACC #7 ri le, Flu Therefore, the North Andover Conservation Commission (hereafter the "NACC") 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. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times, until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act, the North Andover Wetland ByLaw and Regulations, 310 CMR 10.00, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply, and has so notified the applicant in writing. 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). C:1Winword\000WACC 47.doc t NACC 1214197 3 NACC #7 ��K=,a 4�6 3 g 6. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information is so warrant. 7. 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. S. 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. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 9. The terra "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 10. The proposed work includes: Construction of a single family dwelling within the Buffer Zone of an isolated wetland subject to protection under the North Andover Wetland ByLaw and Regulations. CAWinword100CINACC#7.doc 2 NACC 12/4/97 NACC #7 BK 4 T 2 11. 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: Eight Meadows Realty Trust DATED 10/6/97 Plans prepared by: Civil Construction Management,inc. Entitled"Lot#3 Great Pond Estates" DATED 10/2/97 12. The following wetland resource areas are affected by the proposed work: Buffer Zone to Freshwater 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 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. 13. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated 10/2/97 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. 14. 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 (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except where otherwise indicated on the plan referenced under Condition #11. 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). 15. 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 water damage. CAWinword1OOCWACC#Tdoc 3 NACC 1214197 NACC #7' 13K `9 gip. ` PRIOR TO CONSTRUCTION 16. 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. 17. 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. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 18. 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 "NACC #7". 19. 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 ncies. This may result in changes to the other local or state boards or age 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. 20. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of NACC 12/4/97 CAWinword100CWACC#7.doc �1 NACC #7 . ° 4 H t 1 ' J G 1. x 4 Conditions and referenced documents before commencement of construction. 21. Prior to any work on-site the applicant shall submit to the NACC for approval a sequencing plan for construction. 22. 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. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 23. 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. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 24. 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 thenormal control of erosion. 25. 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 Treasurer before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall CAWinword100CWACC#7.doc 5 NACC 12/4/97 NACC #7 BK A931 PG M 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 NACCs review and approval. This condition is issued under the authority of the local ByLaw. 26. 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, the engineer, and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. 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. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). DURING CONSTRUCTION 27. Upon beginning work, the applicant shall submit written progress reports emery 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. 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. 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. CAWinword100CINACC 47.doe 6 NACC 12/4/97 3 NACC #7 Bv 40931 u::.p =.� Nom@ r_. 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 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. During and after work on this project, there shall be no discharge or spillage j 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. 9 u i 0 3 CAWinword\OOCWACC V.doc 7 NACC 12/4/97 NACC #7 , P � i AFTER CONSTRUCTION 36. No underground storage of fuel oils shall be allowed on any lot within one- hundred (1.00) 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 slow release, low- nitrogen types, and shall not be used within 25 feet of a resource area. 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 and shall remain in perpetuity. 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) "As-Built' elevations and grades of all filled or altered wetland resource areas; c) Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, stone walls, pools, retaining walls, and approved decks; CAWinword100CWACC 47,doc 8 NACC 1214197 NACC #70" " P G 1`38 8 d) A line showing the limit of work. "Work" includes any disturbance of soils or vegetation; e) Location of all subsurface utilities entering the property; f) Location of existing erosion controls. 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 g those locations approved under NACC V. 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; • Discharge or spillage of pollutants (Condition #35); • Prohibition of underground fuels (Condition #36); • Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #37). CAWinword100C\NACC V.doc 9 NACC 1214197 'r V r rr S q 8 NACC #7 Issued By NOR',!'(i DOVE /•. l' Conservation Commission XI,Signature(s) i'!` L-�I_•{wh r. L irk r: (�.; � Ic ri z�— zta-za J� This Order must be signed by a majority of the Conservation Commission. On this 3rd day of December 19 97 before me personally appeared Joseph W. Lynch, 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. ,�,r December 11, 2003 Notary Public My commission expires The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be done or any len residents of the city or town in which such land is located are hereby notified of their right to request lite department of Environmental Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the ©apartment,with the appropriate filing fee and Fee Transmittal Form as provided ill 310 CMR 10.03(7),within len days from lire 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 the applicant. If you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court in accordance with M.G.L. Chapter 249 S.4 RECORDING INFORMATION: Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work. ........................................................................................i.............. ................................................................ ......... North Andover Conservation Commission 120 Main St North Andover 1P1IA 0185 TO #S5uinC�Aul only Please be advised that the Order of Conditions for the project at File Number 242 has been recorded at the Registry of Deeds , Northern Essex and has been noted in the chain of title of the affected property in accordance with General Condition 0 on —. t 9— II recorded land, the instrument number which identities [his Iransactton is If registered land, the document number which identities this transaction is S gnalure Applicant 5-4A