HomeMy WebLinkAboutMiscellaneous - 58 PHEASANT BROOK ROAD -310 CMR 10.99
' F o,rr 5Rt. _743 '
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' ... .. + DEP Fls No. 242
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..�. TOWN CLERK (to tm wwKs#n by UE1'1
. QX - NORTH ANDOVER
1 Commonwealth city,town North Andover
' 1t3-•;t= of Massachusetts ? °
Messina Development Corp.
Ap0C3nt
=� Salem Street
Assessor's Map 106B, Lots 28 and 41
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 C01*1ISSION
Messina Development Corp.
To c/o Philip G. Christiansen Robert & Jean Smith George & Wanda Farr
(Name of Applicant) (Name of properly owner)
160 Summer Street 270 Marbleridge Rd 216 Raleigh Tavern LN
Address Haverhill, MA 01830 Address No Andover MA 01845 No Andover MA 01845
This Order is issued and delivered as follows:
O by hand delivery to applicant or representative on (da►e)
/0y04- 91v- " 9
Xby certified mail, return receipt requested on (date)
Fhis project is located at Salem Street, Assessor's Map 106B, Lots 28 & 41
The property is recorded at the Registry of Nort-hern Egspy -
1087 314
Book 2901 Page 013
Certificate (if rezistered)
The Notice of Intent for this project was filed on February 27, 1995 (date)
The public hearing was closed on July 19, 1995 (dale)
Findings
The North Andover Conservation Commission has reviewed tree above-referenced rJotice of
Intent and plays and has held a public hearing on the protect. Based on the information atailaole tc the
NACC at this time. the __ittl( _ has determn,ed lhat
the area on wt--zh the proposed work is to be done is significant to the roliovnn� inler�stS in accoronnce v.ith
the Presumpt.cns of Significa ce S forth in the requlattons for each Area Subject to Protection Under the
�h. 1 i3 5e Recreation
Act (check as appropriate): Ch.178: k Prevention of Erosion & Sedimentation Ch. 178.Z Wildlife
Pubilo -,,;ater supply Flood control X Land containing shellfish
Private water supply Storm damage prevention ❑ Fisheries
Grounc water supply Pr ven"
n of pollution LE Protection of wildlife habitat
Total Filing Fee Submitted $1,975 State Sharp �7?�QQ_
('.'. IPC in nx.cess of S?:
City/Town Share )
Total Refund Due S City/-Town Portion 5 State Portion S
(Li total) ('n total)
Effective 1 ,P ,'89 S' t
#242 - 743 [Evergreen Estates] Page 1
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 private 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 30 days prior to the expiration
date of this Order.
6. Where the Department of Environmental Protection 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 two proposed roadway systems, Pheasant
Brook Road and Beaver Brook Road together with appurtenances thereto. These
improvements more particularly include construction of roadway and utilities, a precast
concrete arch bridge and appurtenant foundation system fording Boston Brook, a
stormwater treatment swale, compensatory flood storage, and wetland replication area at
the easterly limit of the project at Salem Street, stormwater management detention basin
#4 located in the southwestern sector of the project, stormwater management detention
basin #5 located in the western sector of the project, and stormwater management
detention basins #1 & #2 located on either side of Proposed Pheasant Brook Road
adjacent to and to the west of Boston Brook. Off-roadway construction activities associated
with individual home sites shall be filed under separate Notices of Intent and are therefore
#242 - 743 [Evergreen Estates] Page 2
not permitted under this filing.
8. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
(a) Notice of Intent filed by: Philip G. Christiansen, P.E. on behalf of
Messina Development Corp. (Applicant) and
Robert A. & Jean Smith,
and George & Wanda Farr (Owners)
(b) Plans prepared by: Christiansen & Sergi Professional Engineers & Land
Surveyors, 160 Summer Street, Haverhill, MA
The plans being comprised of eight (8) sheets in total. Said plans being duly filed
with the NACC and forming the basis of the Notice of Intent and therefore forming
the basis on which these Orders of Conditions are made, and further forming a part
of the NACC permanent record for this project. Said plans are specifically identified
as follows:
Sheet Last
Title Enumeration Dated Revised
Grading Plan Lots 1, 20-22 6 of 13 Feb. 15, 1995 May 15, 1995
Grading Plan Lots 2-12, 22 7 of 13 Feb. 15, 1995 May 15, 1995
Grading Plan Lots 13 - 19 8 of 13 Feb. 15, 1995 May 15, 1995
Plan & Profile
(Pheasant Brook Road
STA 0+00-11 + 00) 9 of 13 Dec. 20, 1994 not revised
Plan & Profile
(Pheasant Brook Road
SrA 10+00-1s + 79) 10 of 13 Dec. 20, 1994 not revised
Plan & Profile
(Beaver Brook Road
STA 0+00-11 + 92) 11 of 13 Dec. 20, 1994 not revised
Construction Details 12 of 13 Dec. 20, 1994 not revised
Construction Details 13 of 13 Dec. 20, 1994 not revised
Said plans are marked as RECORD PLANS and placed within the permanent project
file.
(c) A supplemental plan prepared by Christiansen & Sergi Professional Engineers &
Land Surveyors, 160 Summer Street, Haverhill, MA. The supplemental plan being
comprised of one (1) sheet. Said plan being filed with the NACC during public
hearing supplementing information contained in the Notice of Intent and therefore
forms the basis on which these Orders of Conditions are made, and further forming
#242 - 743 [Evergreen Estates] Page 3
a part of the NACC permanent record for this project. Said plan is specifically
identified as follows:
Drawing Last
Title Number Dated Revised
Figure # 3
Detail of Wetland Crossing 94036031 March. 15, 1995 May 15, 1995
9. The following wetland resource areas are affected by the proposed work: buffer zone,
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 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 Natural Resource/Land Use Planner and administrator to the NACC has reviewed
the delineation presented by the Applicant. The NACC has also conducted two (2) site
walks at the project locus at which the public was openly invited to attend. The NACC
agrees with the applicant's delineation of the wetland resource areas on the site as shown
on the record plans. 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 to construct the proposed improvements will cause further alteration of the
wetland resource areas. In order to prevent any alteration of wetland resource areas beyond
those proposed in the Notice of Intent and approved herein, a twenty-five (25) foot
no-disturbance zone and a fifty(50) foot no construction zone shall be established from the
edge of the adjacent wetlands. No disturbance of existing grade, soils or vegetation is
permitted in the no-disturbance zone. (See Appendix 5 of the local Regulations).The NACC
specifically waives the 25 foot no-disturbance zone for construction activities associated with
the main entry roadway, stormwater treatment swale, and replication area, and brook
crossing depicted on Figure 3,identified as 8.(c) above.Additionally,the NACC specifically
waives the 25 foot no-disturbance zone for construction activities associated with
stormwater management detention basin #4 depicted on Sheet 7 of 13 of 8.(b) above. The
Applicant shall maintain the established twenty-five (25) foot no-disturbance zone and a
#242 - 743 [Evergreen Estates] Page 4
fifty50 foot no construction( ) tract on zone from the edge of the adjacent wetlands throughout all
other areas of the proposed project.
14. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition
of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in
the catch basins be maintained. All catch basins shall be free of all accumulated silt and
debris before a Compliance is issued and the owner or his/her agent shall so specify in the
request for a Compliance.
15. The NACC finds the applicant's proposal for 10,000 sq. t1. of wetland replication to
be adequate, however, the wetland replication plan as proposed is not acceptable. The
applicant is required to submit to the Natural Resource/Land Use Planner for approval,
a modified wetland replication plan detailing proposed plantings. Replication areas shall
be constructed prior to all other construction activity on site and this sequence shall be
reflected in the construction sequence. Refer to Section VI(E), Wetland Replacement or
Restoration, of the "Wetland Regulations for the Town of North Andover" (page 13) for
performance standards.
16. 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.
SUBDIVISION LOT DEVELOPMENT
17. This Order of Conditions and the submitted Notice of Intent applies only to the
roadways, utilities and drainage facilities depicted on the items listed in 8. (a), (b),and (c)
above. Although information was presented on the potential location of individual houses,
these were not final plans for the development of individual lots. Therefore, additional
submittals under separate Notice of Intent is required for any alteration of land within the
buffer zone.
18. The lots on which wetland replication areas are proposed shall not be developed for
residential construction until after the NACC has approved the completed wetland
replication areas.
19. 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.
PRIOR TO CONSTRUCTION
20. 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.
#242 - 743 [Evergreen Estates] Page 5
21. The 401 Water Ouality Certificate shall be forwarded to the Natural Resource/Land
Use Planner prior to initiating construction activities.
22. IMPORTANT! Additional plans and/or reports shall be submitted to the NACC for
review in the following sequence:
1) Engineered drawings and specifications for the bridge shall be submitted by a
Structural Engineer;
2) In conjunction, a dewatering plan prepared by a Professional Engineer (PE);
and a pre-blast survey with blasting plan shall be submitted.
Prior to construction, these above referenced plans shall be reviewed and subsequently
approved by the NACC.
23. 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.
24. 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 242-743 "
25. 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. Note that the N.O.I.Record
Plan appears to establish numerical sequence for identifying stormwater management
detention basins 1 through 5. However the N.O.I. Record Plan fails to depict stormwater
management detention basin #3. Omission of Basin #3 is presumed to be intentional, or
#242 - 743 [Evergreen Estates] Page 6
a harmless error in numbering. Should the creation a stormwater management detention
basin ultimately be required its proposed creation requires review by the NACC for
consideration as modification to the N.O.I. and this Order of Conditions.
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 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 supervisor hired to coordinate construction and to ensure compliance with this
Order. The Natural Resource/Land Use Planner shall designate suitable on-site stockpile
locations for construction materials and equipment. Said designation being suitable for
protection of all resource areas and no-disturbance zones.
27. The applicant shall submit a construction schedule/sequence to the NACC detailing the
proposed sequence of work on site tocompletethis project.
28. 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.
29. A row of staked hay bales backed by a siltation fence shall be placed between all
construction areas and wetlands.The erosion control barrier will be properly installed and
placed 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.
30. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 50 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. Said stockpiled
reserve of hay bales and stakes shall be maintained at 50 bales throughout the duration of
the project.
31. A check running to the Town of North Andover shall be provided in the amount of
$100,000 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 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 continuing nature. The applicant may propose a bond release schedule keyed
#242 - 743 [Evergreen Estates] Page 7
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.
DURING CONSTRUCTION
32.An Environmental Monitor,to be approved by the Natural Resource/Land Use Planner,
shall be assigned by the applicant to insure compliance with this OOC. Upon beginning
work, the Environmental Monitor shall submit written progress reports detailing what work
has been done in or near resource areas, and what work is anticipated to be done over the
next period. Weekly inspections of sedimentation/erosion control shall be an ongoing duty
of the Environmental Monitor as well as maintaining wetland flagging and monitoring the
wetland replication area throughout the projects duration. This will update the construction
sequence. Said progress reports shall be submitted at the following minimum frequency:
i. Once per week until construction activities depicted on Figure 3 in 8.(c) above
are complete.
ii. Once every month after L above and until the roadway system is complete to
binder grade.
iii. Bi-monthly thereafter completion of ii. above.
33.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 of any of the foregoing.
33. No materials of any sort shall be stockpiled within the designated 25 foot no-
disturbance zone. All materials must be stockpiled in designated areas approved by the
Natural Resource/Land Use Planner prior to construction.
34. No exposed area shall remain unfinished for more than thirty(30) days, unless approved
by the NACC.
35. No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal
vertical). Slopes of steeper grade shall be rip-rapped toprovidepermanent stabilization.
The side slope in the approach roadway proposed as Pheasant Brook depicted on Figure
3 is 1 : 1. Figure 3 proposes rip rap for slope stabilization along these areas. In oder to
achieve a more natural appearance and to establish habitat within a vegetative cover in
sideslopes and to mitigate erosion potential in the sideslopes the NACC specifically
prohibits by order herein use of rip rap as a stabilization medium along any or all of the
approach roadway side slopes. The Applicant shall submit for approval, prior to
construction, to the NACC an engineered plan and specification utilizing an engineered
compacted fill employing a geo-grid slope stabilization medium.Said plan and specification
#242 - 743 [Evergreen Estates] Page 8
shall also employ suitable protective surface treatment and plantings to sufficiently ensure
proper and effective establishment of a mature stable vegetative cover.
36. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system or wetland resource area.
37. 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.
38. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
39. 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.
40. 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.
AFTER CONSTRUCTION
41. 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.
42. 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.
43. 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.
#242 - 743 [Evergreen Estates] Page 9
44. 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). Additionally, the
applicant shall submit a letter from a qualified wetland scientist certifying compliance with
local/state regulations with regard to all wetland replication/restoration areas.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.
b. "As-Built"elevations and grades of all filled or altered wetland resource areas.
C. Distances from structures to wetlands.
d. A line showing the limit of work. "Work" includes any disturbance of soils or
vegetation.
45.The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
13. A 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 # 242-743. 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);
14. Maintenance of catch basins;
40. Discharge of spillage of pollutants;
41. Prohibition of storage of fuels underground;
42. Limitations on the use of fertilizers, herbicides and pesticides.
DEP # 242-743
Lots `28 & 41 Salem St.
Evergreen
Issued By North Andover Conservation Commission
Signature( ,
r _
This Orcer must be signed by majority of the Conservation Commission.
On this 2nd day of August t 9 95 before me
Personally appeared George L. Reich to me known to be the
perscn cesrribed in and who executed the foregoing instrument and acknowleoged that he:she executec
the same as hisyher free act anc deed.
d March 22, 2002
Nctary Pu0iic
4bnna Mae D Agata My commission expires
Thea cucart;,;, a QHner. any Derscn aggneveo by this Crcer.any owner of land abuning the lana upon wnich the crcDcseo were is to be
acne.or any ten resicems or the c:-,y or town in wnicn sucn fano is located.are hereby notified of their right to reduest me Gecariment c'
Env ror,mental Protecrcn to issue a Sucersec no Orcer. erovieing the reeuesi is made by cenihee matt or hand ceuvery to the Cecar,^,e ;.
with the acGrocnate tiiinc tee anc Fee Transminai Form as orovicea In 310 VAR 10.03(7).within ten cays from the tate of;ssuance of Inns
Deter: oration.A copy c;the reauest snail at trie same time be sent by certified mail or hand delivery to trio Conservation Commission
anc;he a;,cticartt.
If you wish to appeal this decision under the Town Bylaw, a complaint
must 'De died in Superior Court.
RECORDING INFORMATION: Return to the North Andover Conservation Commission.
Detach on eottea line and submit to the North Andover Conseryatl0n Court. prior to commencement of work.
................................................................................................................................:....................................................MA........018 4...........
To North Andover Conservation Commission, 120 Main St. , No. Andover sL.ng Aulncrtty
Please be advisee that the Order of Conditions for the protect at Lots 28 & 41 Salem SL.
;:,ie rvumoer 242— 743 rias been recorded at the Sects M. of Deeds, North .Essex dna
has teen noted in the chain of title of the affected orcoerty in accordance with General Condition a on l 9
It recorded land. the instrument number wntcn taenuftes this transaction is
If registered lana, the document number which identities this transaction is
;.toucan.
Stcna:ure
5.4 A