HomeMy WebLinkAboutConservation Permit # 12/4/1997 .11 f1 CMR 10.99 _
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CommonwealthCdy,Town Norl� Andover
of Massachusetts Eight.Meadows Realty Trust
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Order of C'anditions
Massachusetts Wetlands Protection Act
G.L. c. 1-31-, §40
and under- the ra" af. North Andoverrs bylaw Cl;apter'..178
From NORTH ANDOVER CONSERVATION COtLMISSION
TO Eight Meadows Realty Trust Same
(Name of Applicant) (Name of properly owner)
700 Great Pond- Road
No.. Andover, MA 01.845 —
1`-,dress - Address :.
This Order is-issued-and delivered as follows:
/by by hand-delivery to applrcant or rep reseFlalive on fdalsj
by certified-mail, return receipt requested-on December 4, 1997
This project is locatedat_..... Lot _3 saile way
The property iarecorded at the Registry 01_____Norr_liern F•_sse�
Book 3315- Page 295
Certilicate:(if registered)
The Notice.of Intent for this project was filed an October 6, 1997 ldatel
November 19, 1997
The public hearing was closed on (dale)
Findings
The Andover Canservaticn Commission has reviewed the above relnre,iced rlalice o!
Intent and plans and has held a public hearing on the project. Based on the infarmatron availaote Ic Me .
NACC at this time. the SIA('('. - . � ,rt• Nis deternmied Hmt
the area an which the,proposed work is to to done is significant to the following inleresls in accorcance v.ilh
the Presumptions of Si nifica ce a in the re u,latrons far each Area Subject io Prolec;iori Under the
g g. si� Recreation
Act (check as anprcQriate): Ch U8 : Prevention .of Erosion & Sedimentation Ch. 174f WildILLe
Putiic water supply Flood coniral containing shellfish
Private water supply Storm damage prevention i Fisheries
Ground water supply Prevention of pollution PW� Prolection of wildlile Habitat'
Total Filing Fee Submitted $25.00 State Share $0,00
Cily/Tewn Share $25.00 (Vler, in r?xccss at S?31
Total Refund Due S City/Town Portion S State Pariiari S
('/z total) (Yz to(al) .
NACC#7
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
a any information, measurements, photographs;"observations, and/or
materials, or may require the submittal of any data or information deemed
6 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.
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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).
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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..
8. The conditions of this decision shall apply to, and be binding upon, the
applicant, owner, itsemployees and all successors and assigns in interest or
i control. These,obligations shall be expressed in covenants in all deeds to
succeeding owners of portions of the property.
9. The term "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 Intentr.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 isolatedwetland subject to protection under the North Andover
Wetland Bylaw and Regulations.
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NACC #7
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 1012/97
12. The following wetland resource areas are affected by the proposed work-
Buffer Zone to Freshwater Wetland. These resource areas area 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.
I 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
9 site's wetland delineation at a scale identical to the Town wetland map-for
athis location. -
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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
d areas. In order to prevent any alteration of wetland resource areas a twenty
u 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
eexcept where otherwise indicated on the plan referenced under Condition
#11. The Conservation Administrator and/or other agents of the NACC do
y not have the authority to waive these setbacks as established under the-focal
e bylaw. No disturbance of existing grade, soils or vegetation is permitted in
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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.
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PRION.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. s 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 un ' einar er as 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. Ih.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 applicantshall 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.
24. 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
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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 placedand 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 atany time:..All flags used for the-above purposes shall be of a color
different from-other flagging used on the site: --
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23. A row of staked hay bales backed by trenched siltation fence shall be
placed betweerrall 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 maybe 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 the normal 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
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NACC #7
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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 periri:itked
work are fully aware of tH6 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 begriming 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. Any fillused 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.
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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 a—tlze completion of the project:
35. During andafterwork on this project, there shall be no discharge or spillage
of fuel, or other%pollutants into any wetland resource area. 1f 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 tb 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.
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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 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. Thiscondition 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
9 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 --
p _ vegetative cover has been achieved.
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p 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"
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 decl<s;
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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 corpordtion to whore
the compliance is to be granted;
c) The streetaddress 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 NACC #7. 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 (Conditioi6#36);
• Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #37).
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Issued By NOR DOVE Conservation Commission
Signature(s)
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This Order must be signed by armajority of the Conservation Commission.
On this 3rd day of December 19 97 before me
personally appearett 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 ac.t and deed.
J December 11, 2003
Notary PublicMy commission expires
The applicant,the owner,any person aggrieved by this Ordar, any owner at 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 righl to request the Department of
Environmental Qualily'Engineering to issue a Superseding Order,providing the request is made by certilied mail or hand delivery la the
Department,with the appropriate filing fee and Fee Transmittal Form as provided in 010 C41A 10.05(7),wilhin len days from Ifie data of
issuance of this Order.A copy of the request shall at the same time be sent by cer6had mail or hand delivery la 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:
North Andover Conservation Comm. riot to commencement of work,
Detach on dotted line and submit to the —prior
.....................:.............................................................................................................................................
North Andover Conservation Commission, 120 Main St. , North Andover A 018/5
To ssumg AuI ority
Ptease be advised that the Order of Conditions for the project a1
File Number 242 has been recorded at the Regisiry of Deeds , Northern Essex and
has been noted in the chain of title of the alfected property in accordance with General Condition 8 an__ t 9
If recorded land, the instrument number which identifies this transaction is
It registered land, the document number which identifies this Iransaction is_ _---- - —
I Apniican I
Signature
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