HomeMy WebLinkAboutConservation Permit # 2/24/1997 31C CMR 10.99
T Form S DEP Fib No• (` NACC #5
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• 1 r _ _� Commonwealth C,i
TOwnNorth Andover
of Massachusetts
AoDlicanJohn &• Lori Fleur
1 •.
•'' Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover's Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATION COPiftISSION
To John & Lori Fleury DECM Essex, Inc.
(Name of Applicant) (Hance of property owner)
4.1 Gaudreau Street #7 660 Rogers Street
Address Lowell, MA 01852 Address Lowell, MA 01852
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
Xby certified mail, return receipt requested on February 6, 1997 P205 969 197
X2k (date)
This project is located at Lot 4 Pheasant Brook Rd. , Evergreen Estates
The property is recorded at the Registry of Nnrrhe rn Fgsrm _
Book 1087,2901 Page 314 13
Certificate (if registered)
The Notice of Intent for this project was filed on January 9, 1997 (dale)
The public hearing was closed on January 22, 1997 (date)
Findings
The North Andover Conservation Commission has reviewed the above•releror,ced tJotice of
Intent and plans and has held a public hearing on the project. Based on the Information availaole to the
NACC at this time, the _r1OLC _ has delerrimied Ihnt
the area on which the proposed work is to be done is significant to the following interests in accoroance volh
the Presumptions of Significa ce orth in the req ulations :or each Area Subject to Protection Under Me
�h. sl.79 * Recreation
Act (check as appropriate): Ch.178: 1K Prevention of Erosion & Sedimentation Ch. 178 X Wildlife
® Public water supply C� Flood control ❑ L-ind containing shellfish
® Private water supply Q Storm damage prevention ❑ Fisheries
(� Ground water supply ® Prevention of pollution (J Protection of wildlife habitat
Total Filing Fee Submitted State Share _
City/Town Share (','_ lee in excess of S?5►
Total Refund Due S City/Town Portion S State Portion S
('ii total) (1/2 total)
i
NACC #5
Lot #4 Pheasant Brook Rd
{ , Ccnservaticn Cc^r,.tsscr
issued' Sy
I
Signature(s)
c
This Order must be signed by a majority of the Canseriaticn Commission.
5th da of February t c 97 be!ore me
Cn this y
personally appeared Joseph W Lynch Jr to me'known to to the
person described in and who executed the foregoing instrument and acknowledged ;hat hershe executed
the same as flislher free act and deed.
December 11 200'
Njy commission expires
Nocatry Public
Toe aecuczint.the awner. any; son agcneved by this Order, any owner of land abuding the lana u--c"wrtich the croccsea work is to ae
acne.or any ten resicents at the cay or town in wnich such tans is located,are 1er3ay notified of tnetr ngnt to recuest ine aeearrstent of
Environmental Pretectton to issue a Sucerseding Order, providing the recuest is made by c_rrtied mail or hard delivery to the Oeaarment.
with the aperednate tiling fee and Fes Transmittal Farm as crcvided in 310 C.MS 10.=(711,within ten caws from the date at issuance at tnts
Oetermtnatton.A copy at the request shall at the same time oe sent by certified mail or hand aalrverl to the Conservauan Commission
and the accficant.
If you wish to appear this decision under the Tow-n By7 aw, a complaint
must be filed in Superior Caurc.
A RECEIPT FROM THE REGISTRY OF DEEDS MUST BE SUBMITTED TD THIS OFFICE SHOWING
THAT THIS ORDER OF CONDITIONS HAS BEEN RECORDED AT THE NORTH ESSEX REGISTRY OF
DEEDS.
Detach an dattea line and submit to the
North Andover Can Zr,� i mm pear to commencement al work.
146 Main Street, No. Andover .............L45 .............................................
........................................................................................................
North Andover Conservation Commission asu:�Q�utncrty
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?lease ae advised ;nal the order at Conditions for the crclect a
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Deeds Essex \torch District Inc
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DEP FILE: NACC#5
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.
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.25)
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.
7. The proposed work includes: Construction of a single family dwelling within the
100'Buffer Zone of a Vernal Pool as defined and protected under the North Andover
Wetland ByLaw and Regulations (Ch.178 of the Code of North Andover).
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DEP FILE: NACC#5
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: John and Lori Fleury
DATED January 9,1997
Plans prepared by: Christiansen and Sergi
entitled"Site Plan for Lot 4 Pheasant Brook"
DATED January 8,1997
9. The following wetland resource areas is affected by the proposed work:
Vernal Pool (as defined under the North Andover Wetland ByLaw and
Regulations). This resource area is significant to the interests of the Town
ByLaw as noted above. This resource area is also significant to the
recreational and wildlife interests of the ByLaw. The applicant has not
attempted to overcome the presumption of significance of this resource area
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 1/8/97. 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. 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. 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).
14. This Order of Conditions is issued in addition to those issued under DEP
File #242-743
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15. The NACC shall be notified in writing of any lot line or number changes
with a copy of a plan showing these changes prior to any work on these lots.
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PRIOR TO CONSTRUCTION
16. N ork shall be undertaken until all administrative appeal periods from
s Order have elapsed or, if such an appeal has been filed, until all
roceedings before the Department or Court have been completed.
s Order shall be recorded by the applicant at the Registry of Deeds
mediately 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.
18. sign shall be displayed at the site not less than two square feet or more
an three square feet in size bearing the words "NACC #5".
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.
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
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supervisor hired to coordinate construction and to ensure compliance with
this Order.
21. e applicant shall submit a construction schedule/sequence to the NACC
detailing the proposed sequence of work on site to complete this project.
22. etland flagging shall be checked prior to start of construction and shall be
e-established where missing so that erosion control measures can be
properly placed and wetland impacts can be monitored.
23. row of staked hay bales backed by trenched siltation fence shall be
laced between all construction areas and wetlands. The erosion control
Nwrbarrier 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.
0 24. he applicant shall have on hand at the start of any soil disturbance, removal
r 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 check payable to the Town of North Andover shall be provided in the
amount of$3,000 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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0DURING CONSTRUCTION
26 MPORTANT: 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. pon beginning work, the applicant shall submit written progress reports
very month 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.
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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
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.
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XO%"<k
AFTER CONSTRUCTION
3 IMPORTANT: Due to the extremely sensitive nature of the vernal pool
habitat; the limit of work as shown on the plan will be considered a No-
Disturbance Zone by the NACC even after dwelling construction is complete.
Homeowners should be aware that NO WORK OF ANY KIND will be
allowed in this zone. This includes but is not limited to raking, removal of
dead or dying vegetation, landscaping, filling, grading or construction. This
condition will survive the issuance of a Certificate of Compliance. A
statement signed by the home buyer shall be submitted to the NACC prior to
the issuance of a CERTIFICATE OF OCCUPANCY indicating knowledge of
this perpetual condition.
38. 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 Towns Wetland protection
Bylaw.
39. 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 Towns Wetland Protection ByLaw.
40. 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.
O1NACC
Upon completion of the project, the applicant shall submit a letter to the
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;
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b) Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, stone walls, pools,
retaining walls, and/or 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.
47)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 assessors map/parcel number for the project;
d) The DEP file number;
e) A statement certifying compliance with the Order of Conditions and
approved plans.
48. 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 #5. 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 of spillage of pollutants;
• Prohibition of storage of fuels underground;
• Limitations on the use of fertilizers, herbicides and pesticides.
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