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of Massachusetts Eighty Meadows Realty Trust
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Order of Candlttons
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover' s Eiyiaw Chapter 3 . 5
From NORTI CANDOVER CONSERVATION COt• MISSI{}N
To Eight Meadows Realty Trust Same
(Name of Applicant) J1,13 ,e of proCrerty owners
700 Great Pond Road
No. Andover, MA 01845 Same
'Address Address
This'Order is issued and delivered as failows: -;
2 by hand delivery 10 applicant or representative on _-_ _____ (date)
:]Gr by certified mail, rdturri-receipt requested on )P A71 124Zi ,5�7�� (datel
Lot 2 Saile Way, 700 Great -Pond Road
chis project.is located at
The property is recorded at the Registry of _ Norr?,P r,r_, r ssi v
Book—__ 3315 sage 295
Certificate (if registered)
The Notice of lnten( for this project was tiled an dune 27, 1997 Idalel
The public hearing was dosed an August 6, 1997 idale) r
Findings
The North Andover Coaservacion Commission Inas reviewed It,e aleovA releronced rlelice of
Intent-:hd plans and has held a public hearing an the pro#act. Based on [lie inicrmalron aiartaole Ic IHe
NACC at this lime, the 1LLf:(' _ has deterrr,rrred thal
the area on which the oraposed work is to be dere is significar,l to ltie fcllowrnc inlerests in accorcar,ce v.ilh
the Presumptions of significa❑❑ce e1 0 in the reauiations :or each Area SuOlecl to Prolec:,or , UnCer tile
C h. Recreation
Act (check a5 aGprosJriate): Ch. 178: Prevention of Erosign & Sedimentation Ch. 178 /V Wildlife
Pubic water supply Flood control ❑ U-ind containing shJlish
r Private water suppty A Storm dariage ore-+erihon F+slleries
Ground water supply Prevention of po€lution Protection of wildlife Habitat
Total Filing Fee Submitted 25.00 State Sharr, _
City/Town Share $25.00 (". len in rr.crs,s of 5?-5)
Total Refund Cue S Cilyr7own Portion S State Portion S
NACC #6
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,\y injury to private property or invasion of property
rights.
3. This.Order does not relieve the permittee orany 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.
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7. The proposed work includes: Construction of a single family dwelling with grading
and associated appurtenances within the Buffer Zone of a Bordering Vegetated Wetland
CAWinword100CWACC#6.doc 1 NACC 8120197
9
NACC #6
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: Eight Meadows Realty Trust
6/27/97
Plans prepared by: Civil Construction Management,Inc.
Entitled"NO1 Site Plan-Lot 2 Saile Way"
DATED 5/13/97
Entitled"Worksheet of Original Conditions"
DATED 7/28/97
9. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Freshwater Wetland (as defined under C.178 of the Code of
North Andover). 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 5/13/97. 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. lr corder to prevent any alteration of wetland resource areas a twenty
five foot (25') No-Disturbance Zone (except where the driveway enters the
parcel) and a fifty foot (501 No-Construction Zone shall be established from
the edge of the adjacent wetland resource area. 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).
C:IWinword\OOCWACC#6.doc 2 NACC 8120197
NACC #6
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1.4. This Order of Conditions is issued in addition to those issued under File No.
242-365.
15. The sewer lines on the site, where they cross wetland resource areas, shall be
tested for water tightness in accordance with North Andover DPW
standards.
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 foi 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.
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 "Massachusetts Department
of Environmental Protection, File Number NACC #6."
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
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.
C:1Winword10oC\NACC Kdoc 3 NACC 8120197
NACC #6
20. 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
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
L supervisor hired to coordinate construction and to ensure compliance with
this Order.
21. The applicant shall submit a construction schedule/sequence to the NACC
detailing the proposed sequence of work on site to complete this project.
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
property placed and wetland impacts can be monitored.
23. A,fow 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.
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 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.
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NACC#6
DURING CONSTRUCTION
26. IMPORTANT: Immediately upon completion of the dwelling foundation,
and prior to further construction activities associated with the site, the
applicant shall complete a plan prepared by a Registered Professional Land
Surveyor (R.P.L.S.) which accurately depicts the.foundation location and it's
proximity to wetland resource areas as approved under this Order of
Conditions. Said plan shall be submitted to the Conservation Administrator
for approval.
27. 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.
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.
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. -
CAWinword100C1NACC 46.doc 5 NACC 8120197
NACC #6
35. 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.
36. 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
t shall be notified by the applicant within one (1) business day. No
construction vehicles are to bestored 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.
C:IWinword100C\NACC Kdoc 6 NACC 9/20197
NACC #6
AFTER CONSTRUCTION
37. 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.
38. 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.
39. 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
tho latter course is chosen, stabilization will be considered complete once
�.. vegetative cover has been achieved.
40: 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. _.
NACC 8120197
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NACC #6
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41. 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.
\ 42. 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 NACC #b and 242-355. Future
work within 100' of existing wetland resource areas will require a
separate filing with the NACC (refer to Section XT (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;
• Discharge of spillage of pollutants;
• Prohibition of storage of fuels underground;
• Limitations on the use of fertilizers, herbicides and pesticides.
CAWinword1000NACC Kdoc 8 NACC 8120197
NACC #6
Issued By Ngfrth Andavel Alf Conservation Commission
Signaturef s l
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Thts Crcer must be signed by a maicrity at the Conservation Commission.
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On -,-,Is lath day of August 1997 beicre me
Joseph W. Lynch Jr.
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