HomeMy WebLinkAbout- Permits #242-0524 - 9 COVENTRY LANE 2/14/1990 Y 310 CMR 10.99
Form 5 DEP Fie No. [T4 -5 2�+
, . txQ tra pwadrrd W 13Er"t
i-----: __. „_- Commonwealth cary,aoWr. North Aricidver
' of Massachusetts aDc,i,c r,R farm Development Corp.
Lot 2 Coventry Lane
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 COt* ISSlON
To farm Development Donald Burnley
(Name of Applicant) (Name of property owner)
,Address Roach Circle, No. Reading, MA Address 179 Coventry Lane, No. Andover, MA
Th's Order is issued and delivered as follows:
by hand delivery to applicant or representative on
, �' (date)
7 by certified mail, return receipt requested on _ (date)
This project is located at Lot 2 Coventry Lane _
The property is recorded at the Registry of Northern Essex
Book 1934 Page 1.80
Certificate (if registered)
The Notice of Intent for this project was filed on October 16, 1989 _.� (date)
The public hearing was closed on January 31, 1990 (date)
Findings i
The North Andover Conservation Commission . has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information avaulaUle to the
NACC at this time, the..._—]t6r'f' has determined )keel
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protec'.ton Under the
Act check as appropriate):
Public water supply [2 ,, Flood control Elf land containing shellfish
( Private water supply � Storm damage prevention MX Fisheries
Ground water supply 52� Prevention of pollution E Protection of wildlife habitat
Total Filing Fee Submitted $250.00 State Share
Cityrrown Share $250.00 (1/2 fee in excess of S25)
Total Refund Due S City(Town Portion 5 _ State Portion S
(1I2 total) ('Iz total)
Effective 11/10/89 5 1
kF
IJ242-524 Lot 2 Coventry Lane 2
Therefore, the North Andover Conservation Commission hereby finds
that' 'the following conditions are necessary, in accordance with
the Performance Standards set forth in the State Regulations and
the requirements of the Town ByLaw, to protect those interests
checked above. The North Andover Conservation Commission
(hereafter the "NACC11) 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 unless either of the following
apply:
(a) the work is a maintenance dredging project as provided
for in the Act and/or the Town ByLaw;
(b) the time for completion has been extended to a specified
date more than three years, but less than five years,
from the date of issuance and both that date and the
special circumstances warranting the extended time period
are set forth in this order.
5. This order may be extended by the issuing authority for one
or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date
of the Order.
6. 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.
7 . 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 have been
completed.
#242-524 Lot 2 Coventry Lane 3
8 . 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.
9 . 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 242-524" .
10 . Where the Department of Environmental Quality Engineering 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.
11. Upon completion of the work described herein, the applicant
shall request in writing that a Certificate of Compliance be
issued stating that the work has been satisfactorily completed.
12 . The work shall conform to the following plans/documents:
(a) Notice of Intent dated 11/12/89 .
(b) Proposed grading plan for lot 2 Coventry Land prepared for
Don Stanley, October 12 , 1989 by Marchionda and Associates..
NOTE: Although plans were submitted showing house construction
on lot 3 , no such work has been approved. This Order of
Conditions only applies to lot 2 Coventry Lane
13 . The following wetland resource area is within the 1001 buffer
zone of the proposed work: 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 interests of the Bylaw. The
applicant has not attempted to overcome the presumption of
significance of these resource areas to the identified interests.
14 . The NACC agrees with the applicant's delineation of the
wetland resource areas an the site as shown on the plans dated
October 12 , 1989 .
15. This Order of Conditions is issued in addition to those
issued under File No. 242-324 .
#242-524 Lot 2 Coventry Lane 4
PERFORMANCE & DESIGN STANDARDS
16. The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site to construct a single family
home will cause further alteration of the wetland resource areas
during the construction activities. This resource area is a
tributary of Lake Cochichewick. In order to prevent any
alteration of wetland resource areas beyond those proposed in the
Notice of Intent and approved herein, a 50 foot no-cut zone and
an 85 foot no-construction zone shall be established from the
edge of the adjacent wetland resource areas as noted in the
NACC's order of conditions for the Coventry Estates subdivision
(DEQE #242-324) as recently modified.
17. No earthen embankment in the buffer zone shall have a slope
steeper than 21. Any slopes of steeper grade shall be rip-
rapped to provide permanent stabilization.
CHANGES
18 . Any changes in the submitted plans, Notice of Intent, or
resulting from the aforementioned 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.
19. 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
final set of plans and a letter from the professional engineer,
land surveyor or landscape architect who prepared these plans
shall be submitted to the NACC for review and approval prior to
the start of construction. Said letter shall describe any and
all changes between the final plans and those reviewed and cited
above by the NACC. No work shall begin on a project until
written approval has been granted by the NACC.
CONSTRUCTION
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
#242-524 Lot 2 Coventry Lane 5
construction supervisor hired to coordinate construction and to
ensure compliance with this order.
21. The applicant shall submit, to the NACC, a written progress
report every 6 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
listed above.
22 . Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
required erosion control measures between construction activity
and wetland resource areas can be properly placed.
23 . Prior to any activity on the site, a filter fabric fence
backed by a single row of staked hay bales shall be placed
between all construction areas and wetland areas per Soil
Conservation Service or D.E. P. standards. This barrier will. be
placed 50 feet from the wetland edge. This siltation barrier
shall be inspected and approved by the NACC prior to the start of
construction and shall remain intact until all disturbed areas
have been mulched, seeded, and stabilized to prevent erosion.
All erosion prevention and sedimentation protection measures
found necessary during construction by the NACC shall be
implemented at the direction of the NAM
24 . The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 20 hay bales
and sufficient stakes for staking these bales. 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. 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
sodding, or by loaming, seeding, and mulching according to soil
Conservation Service standards. If the latter course is chosen,
stabilization will be considered once complete vegetative cover
has been achieved.
26. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NAM
27 . There shall be no stockpiling of soil or other materials
within 50 feet of any resource area.
28. 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 as soon as practical. No construction
vehicles are to be stored within 100 feet of wetland resource
#242-524 Lot 2 Coventry Lane 6
areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
29. Washings from concrete trucks, or surplus concrete, shall not
be directed to, or dumped in, 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 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.
OTHER CONDITIONS
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 . 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.
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 of North Andover's Wetland
Protection ByLaw.
35. Fertilizers utilized for landscaping and lawn care shall be
of the low-nitrogen content variety, and shall be used in
moderation. This is particularly important due to the lot' s
location in the Lake Cochichewick watershed. Pesticides and
herbicides shall not be used anywhere on this lot. This
condition is issued under the authority of the Town of North
Andover's Wetland Protection ByLaw.
36. The conditions of this decision shall apply to, and be
binding upon, the applicant, its employees and all successors and
assigns in interest or control .
37 . A proper bond or a deposit of money or negotiable securities
running to the Town of North Andover shall be provided in the
#242-524 Lot 2 Coventry Lane 7
amount of $2000. 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 Town of North Andover's Wetlands Protection
Bylaw.
38 . In addition to the requirements of Conditions No. 11, the
applicant shall submit a letter to the NACC from a Registered
Professional Civil Engineer or Land Surveyor 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 ways
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 to all structures and elevations
within 100 feet of any wetland resource areas.
39 . The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
28 . Discharge or spillage of pollutants..
34 . Prohibition of storage of fuels underground.
35. Limitations on the use of fertilizers, herbicides
and pesticides.
Lot 2 Coventry Lane #242-524
4 Y
y
Issued By North Andover Conservation Commission
Signatures)
This Order must be signed by a majority of the Conservatism Comn"tlssion.
a
On this 14th day of February 1 9 9a , before me
i T l L. arot
personally appeared Pau , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that flershe executed
tre sa a as his/her free act and deed.
ri September 9, 199'4
Notak Public Marie L. Boudrot My commission expires
The applicant,the owner.any Parson 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 lheir right to request the Denarlmeni of
Environmental Protection to issue a.Superseding Order, Providing the reouest is made by certtlied mail or hand delivery 10 the Deoartment,
with the appropriate filing lee and Fee Transmittal Form as provided in 310 CMR 10.0317),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 complain
must be filed in Superior Court.
Detach on dotted lane and submit to the forth Andover Conservation Conm ._.® prior to commencerrrent 01 work.
To !ssuinq Aulnonty
Please be advised that the Order of Conditions for the protect at Lot 2 CovQnt P, No:....... Andover, MA
rile lvurnoer 242— 524 has been recorded at the Recaist.y of Ahern.,.Ess.ez tno
has been noted in the chain o4 title of the aflected property in accoroance with General Condition 6 on 1 9
If recorded land, the instrument number which idonnhes this trartsacuon is
II registered land, the document number which idenulies this transaction is
Signature _ CRIMCJ�t
5.4