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370 CAR 10.99 JOYCE Eye A
TO G L
Form 5 N4RTV1 A. IDOVER Do 00
242-7700—
a.No.
Commonweattn cay.Town
North Andover
f Massacnusetts Hillside RealtyTrust
o aoalicunt
Meadowood III
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
Te Hillside Realty Trust Same
(Name of Applicant) (Name of property owners
P.O. Box 6700, Suite 209
Adcress
No. Andover, MA 01845 Address
This Creer is Issued and delivered as follows: (�
❑ by hand deliveryto aapficant or representative on L (date!
❑ by certified maii. return receipt reouestec on (dateI
This oroject is located at Lot Nos. 4,5,6,7,8,9,10,11;14,15,16 Bucklin Road/Emerson
oa Peterson oa
The-.rocerty .s reccrced at the Registry of Deeds, North Essex
1232 150
80o 1191 page 287
Y
Certr"icate (if rec ste►ed)
The Nonce of Intent for tnis project,was filet on May 20, 1994 (Cam"
The outfit nearing was closed on September 7, 1994 (date!
Findincs
The NACC has reviewea the at3ove-referenced Notice of
Intent anc cans anc nas nese a«=otic.neannS on the.,cje_t. Sasea on the Information avaiiante tc me
NACC at this time.the NACC has oetermined that
the area on wn:cn the orcoosea worts is to ce cone is significant to use following interests in acccroance wctri
the PtESUlT D:SOrlS Of Significance Set fOrin In. e regulations for each Area Suclect to Prote=in Uneer the
Ac:=scx as acerccnatel: Ch.178 Q Prevention of erosion and sedimentation
Put:iic water sue=iy 1 Flood cornroi C2 Land containing snelifisn
Pnvate water supply Storm damage crevention Q Flsneries
Ground water supply Prevention of potiutton Pros�
tean of wildlife nabitat
Ch. 17Wq Wildlife Ch.17� Ike, a on
Tmat Hing =ee Sudrrutied State Share �1��
Citw7own Share $4137.50 (1h fee in excess cf S2=i
Total Refunc Due S City/Town Portion S State Portion S
(1/2 total) (1/2 total)
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 the Order. The wetlands should be re-flagged prior to the
extension request.
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 twenty-seven (27) home
subdivision with dwelling, roadways, drainage structures and
appurtenances.
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 Hillside Realty Trust.
(b) Plans prepared by Merrimack Engineering services, Revision 2,
dated 8/22/94.
#242-700 Meadowood III 3
9. The following wetland resource area(s) is (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
8/22/94. 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 a subdivision 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 thirty (30) 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. ) Except at lots 16, 17, 18,
24, 25, 26, 27, which will have a 15 ' no disturbance zone. The
landscape wall shown shall be at least 2 ' high and be placed at
any point where disturbance is closer than 251 . This includes
extending it on Lots 16 & 17.
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
#242-700 Meadowood IIT 4
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.
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 242-70011.
17. Any changes in the submitted plans caused by the applicant,
another Board's decision orresulting 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.
1242-700 Meadowood III 5
21. 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
as shown 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 erosionpreventionand sedimentation protection
measures found necessary during construction shall be implemented
at 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 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.
23. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $37, 000 (9 homes
@ $3, 000 each; Roadway $10, 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 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 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.
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.
#242-700 Meadowood III 6
27. 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.
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
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 novehiclerefueling, 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.
4
#242-700 Meadowood III 7
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 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.
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.
38. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
14. Maintenance of catch basins.
33. Discharge or spillage of pollutants.
34. Prohibition of storage of fuels underground.
35. Limitations on the use of fertilizers, herbicides
and pesticides.
Issued By Nort n ve Conservation Commission
Signature(s)
-
f
J
T Is Order must be signed bymajority of the Conservation Commission.
q
On this day of 19��, before me
personally appeared "ft C-# to me known to be the
person described In and who executed the foregoing instrument and acknowledged that he/she executed
the same as hislher free act and deed.
. otary Public My commission expires
The ariDlicant,the owner.any person aggrieved by this Order,any owner of land abutting the land upon which the proposed 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 request the Department of
Environmental Protection to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the Department.
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 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 delivery 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.
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
...................................................................................................................................................................................................................
North.Andover Conservation Commissgibn
To Issuing Authority
Please be advised that the Order of Conditions for the project at
Meadowood III
File Numoer 242— 700 has been recorded at the Registry of Deeds, North Essex and
has been noted in the chain of Ude of the affected property in accordance with General Condition 8 on 19
If recorded land. the instrument numoer which identities this transaction 18
It registered land, the document number which identifies this transaction is
Sicnawre Acolican'
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