HomeMy WebLinkAboutMiscellaneous - 189 BLUE RIDGE ROAD '
/ '76
310 CMR 10-99
Form 3 otpneme. 242-650 °
"� (To a.aww.o ar oEPt
North Andover
Comm
onweattri Gty.rown
of Massacnusetts Ameant First City D �rl�nt Corp.
•"�.�.� Lot 64 Blue Ridge Road
Order of Conditions
Massachusetts Wetlands Protection Act
C.L. 0. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From NORTH ANDOVER CONSERVATION COMMISSION
To First City Development Corp.
(Name of Applicant) (Name at property owner)
P.O. Box 15
Address Beverly, MA 0191S Address
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on
(date)
❑ by certifies)mail.return receipt requested on (date)
This project is located at Tot 64 R1 uP Ri rl as Read
The property is recorded at the Registry of Deeds, North Essex --
Sao k 3320 Page 117
Certificate(it registered)
The Notice of Intent for this project was filed on March 8. .1.991 (date)
The public hearing was closed on April 21 1993 (date)
Findings
NACC has reviewed the above-referenced Notice of
The
Intent anc Glans ana nas neic a puoiic heannr on the,; ject.Based on toe information avaiiap!e to the
NACC at this time.the NACC has determined that
the area on which the proposed work is to be done is sigrltttcant to the tottowing interests in accaroance with
the Presumptions of Significance set forth in me r_'t uia-aOnS:Or each Area Sutnect to Protection Unger the
Act(W eck as approonate): Ch.178 0 prevention of erosion and sedimentation
^_t PubiiC water supply 1 Flood control [3 Land containing shellfish
Private water supply 0 Storm damage prevention ❑ Fisheries
�$ Groundwater supply Prevention of pollution .17 3 , Protection of wildlife habimt
_4180
7 ( Wildlife 6reation
• i Flip Fee SuSmitted��2,t _ State Shote 1
Teta ' (3?na (t/ fee in excess cf S2;.)
Cityr?own Share Portion Ste
Total Refund Due S City/Town Portion S State
ototal)
(112 total) (112
cite,=ve
4
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 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 the 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 a single family house and
appurtenances in the buffer zone of a bordering vegetated
wetland.
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 First City Development Corp., dated
3/8/93 .
(b) Plans prepared by Eastern'Land-Survey Assoc. , Inc. , dated
2/25/93 .
(c) Buffer Zone Restoration Plan prepared by Wetlands
Preservation, Inc. , dated 3/15/93.
#242-650 Lot 64 Blue Ridge Road 3
9. The following wetland resource areas are affected by the
proposed work: buffer zone 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 NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
2/25/93.
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 a single family
home and appurtenances 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) .
PRIOR TO CONSTRUCTION
14 . 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.
15. 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
#242-650 Lot 64 Blue Ridge Road 4
Andover Conservation Commission on the form at the end of this
Order prior to commencement of the work.
16. 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 242-650".
17. 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.
18. 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.
19. The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
20. 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.
21. A row of staked hay bales backed by a siltation fence shall
be placed below the location of the stone wall in accordance with
the Buffer Zone Restoration Plan noted in 8 (c) . The erosion
control barrier will be properly installed and placed as shown on
drawings and as directed by the NACC administrated 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
#242-650 Lot 64 Blue Ridge Road 5
prevention and sedimentation protection easures found necessary
during construction shall be implemented t the direction of the
NACC.
22 . The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 25 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 erosionproblems, and shall not be used for
the normal control of erosion.
23. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $3500.00 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 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
24. Upon beginning work, the applicant shall submit written
progress reports every 3 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.
25. 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.
26. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
27. No regrading in the buffer zone shall have a slope steeper
than 2 : 1 (horizontalsvertical) . Slopes of steeper grade shall be
rip-rapped to provide permanent stabilization.
28. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
29. Washings from concrete trucks, or surplus concrete, shall not
#242-650 Lot 64 Blue Ridge Road 6
be directed to, any drainage system or wetland resource area.
30. 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.
31. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
32 . 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.
33 . 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
34. 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.
35. 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.
36. 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.
37 . Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professionaly Civil Engineer
#242-650 Lot 64 Blue Ridge Road 7
certifying compliance with this order of Conditions and the
approved plans referenced herein (or approved revisions) . 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. Distances from structures to wetlands.
c. A line showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
38 The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
33 . Discharge or spillage of pollutants.
34 . Prohibition of storage of fuels underground.
35. Limitations on the use of fertilizers, herbicides
and pesticides.
4. p This certificate snall be recorded in the Registry of Deeds or the Land Court for the cfsinct to
which the land Is located.The Order was originally recorded on (date)
at the Registry of Book . Rage
Q The following conditions of the Order shall continue. (Set forth any conditions contained In the
Final Order, such as maintenance or monitoring, which are to continue for a longer period.)
!ssuetby North Andover Conservation Commission
Si_na,ure(s)
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this
day of , 19---., before me
perscnaliy appeared . to me known to be the
person described in and who executed the foregoing instrument and acknowledged that hershe executed
Me same as his/her free act and deed.
Notary Put)ilic My commission expires
oetacn on dotted line and submit to the North
Andover -Con
..........................
NACC Issuing Autnonty
To
Please oe aevtsed that ine Certificate of ComDttanCe for the protect at. Lot 64 819rP Ri rlgc Rn�(t
242_ 650 Deeds, Northern Essex
sue Number nas peen recorded at line Registry
arc nas seen noteo in ine cnain of title of:ne affected orocerry on
It recvoec fano.:^.e mstrumenl rurrtde(svntcn identities miss,:fansactton.as
!:reytstefec ianc.:ne cccumeni RUmoer%vnicn identities lints transaction is -
adcucant
nature
I
REU
310 CMR 10.99 TOWN CLERK -
Form 8 NORTH ANDOVER
----7
» DEP File Na. 242- 650. .
JuN 2 1 j 1`9 Am 155 rro tie crovioed by DEP)
Citylown ' North Andover
Commonwealth
of Massachusetts First City Development
ARoucant
`Lot 64 Blue Ridge Road
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From North Andover Conservation Commission Issuing Authority
To First City Development PO BOX 15 Beverly MA 01915
(Name) (Address)
To: Mark Rae, Belford Construction, 50 Copley Drive, Methuen MA 01844
Date of Issuance June 21, 1995
This Certificate is issued for work regulated by an Order of Conditions issued to First Citv
Development Corp. dated May 5, 1993 and issued by the NACC
XXX It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily Completed.
2. ❑ It is hereby certified that only the following portions of the work regulated by the above-refer-
enced Order of Conditions have been satisfactorily completed: (if the Certificate of Compliance
does not include the entire project,specify what portions are included.)
3. Q It is hereby certified that the work regulated by the above-referenced Order of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future
worK subiect to regulation under the Act may be commenced without filing a new Notice of Intent
an-. receiving a new Order of Conditions.
.......................................... ......... ... ......... • ...... .. ................
lLeavespace Blank)
6-1 '
�:fect;ve ,1110/E9
4 Oxxx This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
whicn the land is located.The Order was originally recorded on May 18. 1993 (date)
at the Registry of Deeds, North District , gook , Page
INSTRUMENT NO. 14331.
5, q The following conditions of the Order shall continue: (Set forth any conditions contained In the
Final Order, such as maintenance or monitoring, which are to continue for a longer period.)
Issued by North Andover Conservation Commission
Signature(s)
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 21st day of June . 19 95 . before me
personally appeared Joseph Lynch .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.
f
March 22, 2002
Donna Mae g a
Notary Public My commission expires
RECORDING INFORMATION:
Detach on dotted fine and submit to the NORTH ANDOVER CONSERVATION COMMISSION
..........:.........................................................»..Izal..Ma-i .........................................
7o NACC Issuing Authority
Please be advised that the Certificate of Compiiartce torthe prometat. Lot 64 Blue Ridge Road
FiteNumaer 242— h50 has been recorned at me Registry of Deeds, Northern Essex
and has been noteo in the cnam of tale of the affected proDeny an 9
it reccroeo lanc.:^e instrument numoer,.vntCn roenaxes tras uansacaon is
If registereo tans.the cocument number wn cn tomaties urs transaction is