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310 CMR 10.99 NORTH ANDOVER
Form 5
} _j l DEP FftHa 242-771
(rate, ar OEM
North Andover
Commonwealth City.town
~ =� John Zahoruiko
-- = of Massachusetts aooucanc
B-1 So. Bradford Street, Map 104C, Lot 148
Order of Conditions
Massachusetts Wetlands Protection Act
O.L. C. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From North Andover Conservation Commission
Zee Realty Trust
To John Zahoruiko John Zahoruiko
(Name of Applicant) (Name of property ownert
262 So. Bradford Street 262 So. Bradford Street
Address
No. Andover, MA 01845 Address No. Andover, MA 01845
This Oraer is issued and delivered as follows:
[3 by hand delivery to applicant or representative on (date)
E2 by certified mail. return receipt requested on "� J ,! (date)
This project is located at B-1 So. Bradford Street, Map 104C, Lot 148 /
The arooerty is recorded at the Registry of Deeds, Northern District,
PLAN 10709, 5/18/87
Book Page
Certificate(if registered)
August 24, 1995 (date!
The Notice of Intent for this protect was filed on
The oubtic hearing was closed on September 20, 1995 ldate)
Findings
The North Andover Conservation Commission has reviewed the above-referenced Notice of
Intent anc atans anc nas nets a nuotic nearmg on the dra;__i. aasec on the information avaiiapfe to the
NACC at this time.ttte NACC has oetermtned that
the area on wn=n the or000sed work is to be done is significant to the fonowing interests in accoroance with
the Presumptions of Significance set forth in me reguia:ions for each Area Suo;ect to Protec:ron Uncer the
Act Itw:eck as approunate): Ch.178 IZ prevention of erosion and sedimentation
Public water supaty Q Flood control ❑ Land containing shellfish
Private water supply Storm damage prevention Fisheries
of wildlife habitat
j$r Ground,water su>?ptY Prevention of potiuuon
Ch. 178 Wildlife Ch.17 Recreation
mat Filing Fee Submitted State Share
'ty,?vwn Share
$137.50 in e
('h fee xcess cf S259
State Por
tat Refund Due S Chy/Town Portion S _ aS
(1/2 total) (vi total)aQ
—.ve
V1 01E9
DEP FILE #242- 771
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 30 days prior to
the expiration date of the Order.
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 house and drive
within the 100' BZ of a Bordering Vegetated Wetland (BVW).
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 Zahoruiko
262 S.Bradford Street
N.Andover,MA 01845
DATED: 8/24/95
Plans prepared by: Christiansen and Sergi
entitled"Site Plan of Lot B-1 S.Bradford Street"
dated: rev 9/15/95
C:\Winword\OOC\242-771.doc 1 NACC 10/5/95
DEP FILE #242- 771
9. The following wetland resource area is affected by the proposed work: bordering
vegetated wetland (BVW). This resource area is significant to the interests of the
Act and 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 these resource areas to the identified
interests.
10. The NACC agrees with the applicant's delineation of the wetland resource area on the
site as shown on the plansdated rev 9/15/95. 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 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(NOI) and approved herein, a twenty five foot(25') no-disturbance
zone and a fifty foot(50') no-construction zone shall be established from the edge
of adjacent wetland resource areas. The NACC will permit the area to be
maintained as it exists (i.e. mowed) around the perimeter of the pond.
Mulching, disposal of grass clippings and/or other landscaping practices are
prohibited within the buffer zone of this resource area. No disturbance of existing
grade, soils or vegetation is permitted in the no-disturbance zone. (See Appendix 5 of
the local Regulations). THE NATURAL RESOURCE/LAND USE PLANNER
AND/OR OTHER AGENTS OF THE NACC DO NOT HAVE THE
AUTHORITY TO WAIVE THESE SETBACKS AS ESTABLISHED UNDER
THE LOCAL BYLAW.
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 Compliance.
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
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DEP FILE #242 771
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 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. 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 242-771".
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 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.
CAWinword\000242-771.doc 3 NACC 10/5/95
f
DEP FILE #242 - 771
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 placed and
wetland impacts can be monitored.
23. A row 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 plans entitled "Site Plan of Lot B-1 S.
Bradford Street"/dated rev 9/15/95 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. 1
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
$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 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
26. 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.
27. 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.
28. No exposed area shall remain unfinished for more than thirty(30) days, unless
approved by the NACC.
CAWinword\00C\242-771.doc 4 NACC 10/5/95
DEP FILE#242 - 771
29. 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.
30. Thr h twenty-five 25 feet of
There shall be no stockpiling of soil or other materials within twent ve
P g Y ( )
any resource area.
31. After proper grading, all disturbed areas located within a resource area which will not
remain as wetland areas, shall be loamed (minimum of 4" of quality loam), and
seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas
located within wetland resource areas which are to be only temporarily disturbed
during construction, shall be restored to their original grade, soil profile and vegetative
cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of
quality loam.
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.
3 5. 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.
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
CAWinword\00C\242-771.doc 5 NACC 10/5/95
DEP FH E #242 - 771
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 the 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). 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;
D) A line showing the limit of work. "Work" includes any disturbance of soils or
vegetation.
41. 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 #242-771. Future work within
100' of existing wetland resource areas will require a separate filing with
the NACC (refer to Section M (page 18) of the Regulations for
performance standards within these zones) The Natural Resource/Land
Use Planner and/or other agents of the NACC do not have the authority to
waive these setbacks or specific conditions as established under the local
ByLaw;
14. Maintenance of catch basins;
36. Discharge of spillage of pollutants;
CAWutword\000\242-771.doc 6 NACC 10/5/95
DEP FILE #242 - 771
37. Prohibition of storage of fuels underground;
38. Limitations on the use of fertilizers, herbicides and pesticides.
CAWinword\OOC\242-771.doc 7 NACC 10/5/95
Lot B-1 South Bradford
Issued By North And a Conservation Commission
Signatures)
brder must be signed by a majority of the Conservation Commission.
On this 4th day of October 19 95 before me
personally appeared George L. Reic , tome known to be the
person described in and who executed the foregoing instrument and acknowledged that he.,M4 executed
the same as his/I4 free act and deed.
0
r March 22, 2002
Donna Mae D A at
Notary Public My commission expires
The applicant,the owner.any person aggrieved by this Order,any owner of land abutting the land upon which the proposes work is to be
done,or any ten residents of the city or town in which such land is located.are hereby notified of their right to reouest the Department of
Environmental Protection to issue a Superseding Order,providing the reouest is made by certified mail or hand delivery to the Department.
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMA 10.03(7),within ten days from the date of issuance of this
Determination.A copy of the request shall at the same time be sent by certified mail or hand aelivery to 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.
PROVIDE COPY OF RECORDING TO:
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
120 Main Street, No. Andover MA 01845
..................................................................................................................................................................................................................
NORTH ANDOVER CONSERVATION COMMISSION
70 !sung Autnonty
Please be advised that the Order of Conditions for the project at Lot B-1- South Bradford Street
File Numoer 242— 111_has been recorded at the Registryof Deeds, North District. and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on 19—
it
9It recorded land. the instrument numoer which Identifies this transaction is
If registered land. the document number which identifies this transaction is
Sicnawre Acoucan!
5-4A