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HomeMy WebLinkAbout1985-05-06 Orders of Conditions y i Iv K :orr-041No. (To no pravidod by o>;aE) North Andover -A #- Commonwealth D � . of Massachusetts 1� pplicanl Domenic Teo li_ Order of conditions Massachusetts Wetlands Protection Act G,,L. c. 131 , §4(t _ and tinder the Toww of North Andover Bylaw , Cl-.apter 3 . 5 A & D�' From Nort~li Andover Coi-iservati_on Commi_ssi.on Domenic T6oli. s'ame To -- --'. (Name of Applicant) (Na the of properly owner) 77 Colonial Drive Address Lawrence , 'MA 01842 Address - This Order is issued and delivered as follows; ❑ lby hand delivery to applicant or representative on (date) n by certified mail, return receipt requested on May_22 1 )85 (date) This project is located at Te+oma Estates.�- - --- ' The properly Is recorded at the Registry of Essex Nort Boo 6908 Page 127 Certificate(if registered) - - The Notice of intent for this project was filed on April 19, 1985 (date) The public hearing was closed on May 1 1985. (date) Findings The North Andover Cons ervati.on'..Cornm'. has reviewed the above-referenced Notice of Intent and plans and has held a public'hearing on the project. Based or.,'. information available to the NA(;C __ at this time, the, NAC C -- has determined that the area on which the proposed work is to be done Is significant W the ollowing Interests In accordance with the Presumptions of Significance set forth in the regulations for,each I ',)a Subject to Protection Under the Act(check as appropriate): Iff Public water supply © Storm damag. prevention >❑ Private water supply f) Prevention of )ollution,' n Ground water supply ❑' Land cor ilnirg shellfish t ❑ Fisheries Flood control ORDER OF CONDI'rT,ONS t Teoma Esta.ires •242-261' 95 _.. - Therefore, the NACC hereby`nds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter.. ests checked 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 lot?.. [owing conditions modify or differ from the plans, speciflcations or other proposals submitted with the Notice of Intent, the conditions shalt control. General Conditions 1. Failure to comply'with all conditions stated herein,and with all related statutes and other regulatory meas. ' ores, shall be deemed causo 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 permittea or any other person of dte necessity of complying with 0 other applicable federal, state or local statutes,ordinances, by-' ws or regulations. 4. Tha worts authorized hereunder shall be completed within three, ears from the date of this Order unless ;'i eithei of the following apply: (a) the work is a maintenance dredging project,as provided for 1 the Act; or (b) the time for completion has been extended to a specalr d d: `e more than tVe©years, but less than five years, from the date of issuance and both that date and special circumstances warranting the extended time period are set forth In this Order. 5. This Order may no 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 de• bris, 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. a 7. No work shall be undertaken until all administrative appeal period,t from this Order have elapsed or,if such an appeal has been filed, until all proceedings before the Department have been completed. , 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 )f title of the affected property.In the case of recorded land, the Final Order shall also be noted in the"tegistry's Grantor index under the Warne of the owner of the land upon which the proposed work Is tc.�e't �')n In the case of registered land,the Final Order shall also be noted on the Land Court Certificate of 1 tie of the owner of the land upon which , the proposed work is to be done.The recording Information sho' be submitted to the , NACC on the form at the end of this Order prior to commencemeQt'of tf.3 work. 9. A sign shall be displayed at the site not less than two square fee. or•more than three square feet in size bearing the words, "Massachusetts Department of Environment +l Quality Engineering, 1 ` File Number 242•-269 10, Where the Department of Environmental Quality Engineering Is requested to make a determination and to issue a Superseding Order, the Conservation Commission shalt be a party to all agency proceedings and hearings before the Department. ; 11 , Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compiiance be issued stating that the work has been satisfactorily completed. 12. The work shall cr nform to the following plans and special conditions: 5,2 1 1 7 ORDER OF CONDITIONS: Teoma Estates 242-269 _._ a. Notice of Intent submitted by Domenic Teoli prk )ared by Merrimack Engineering Services, Inc, dated April 17, I Eighty- two ( 8 2 ) sheets . b. Plan entitled "Subdivision Plan Teoma Estates" prepared by Merrimack Engineering Services Inc, dated November 19 4, revised April 1985. Pour (4) sheets. -- " c: Letter from Merrimack Engineering Services Inc., to NACC dated May 2, 1985. One (1) sheet. 5. 13. Prior to any construction activity at this site, the applicant shall submit a wetlands and storage replacement plan to replace the wetlands areas to be filled by the proposed roadway construction. This plan shall be reviewed and approved by the NACC prior to implementation. 14. The applicant has stated at the Public Hearing that no wetland areas will need to be altered for any of the construction of any of the pro- posed houses, driveways, or subsurface disposal systems. In order to insure no such alteration and to provide for wetland protection measures, . a Request; for Determination shall be filed with the NACC for any work on Lots 1, 2, 3, 7, 8, and 9. 15. The construction sequence and erosion control plan listed on sheet 2 of the plan identified in condition 12b shall be followed during site development. 16. Upon completion of construction and grading, all aicas shall be stabilized' permanently against erosion. This shall be done e:, t:her by sodding, mulching according to Soil Conservation Service standard , u: by loaming and seeding. If the latter course is chosen, stabilization i..Lll .,e considered once the surface shows complete vegetative cover has been acnia ,ved. 17. All erosion prevention and sedimentation protection measures found necessary during construction by the North Andover Conservation Commission will be implemented at the direction of the NACC or Highway Surveyor. 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, by majority vote, said changes to be significant and/car deviate from the original plans, Notice of Intent or this Order of Conditions to such an extent that the interests of the Wetlands Protection Act cannot be protected by this Order of Conditions and would best be served by the issuance of additional conditions, then the NACC will call for another public Bearing within 21 days, at the expense of the app- licant, in order to take testimony from all intere. ted parties. Within 21 clays of the close of: said public hearing, the NACC �%,ill issue an mliended or new Order of Conditions. - 3 .. / ORDER OF CONDITIONS: . Teoma Estates 242-269 19. Any errors found in the plans or information submitted by the applicant shall be considered as changes and procedures outlined .for changes shall be followed. 20. The provisions of this Order shall apply to and be )inding upon the applicant, its employees, and all successors and aFAgns in interest or control. 21. In addition to the requirements of Condition No. 11 , the applicant must submit a letter; from the professional who prepared the plans, certifying compliance with this Order of Conditions. Said 4et •er will certify, but not be limited to the following: a. "As-Built" elevations of all drainage ways constructed within 100 feet of any area subject to the Wetlands Protection Act. b. "As-Built" elevations and grades of all filled or altered Wetland Areas. c. Distances to all sturctures and alterations within 100 feet of any areas subject to the Wetlands Protection Act. An "As-Built" topographic plan of all areas within the jurisdiction of the Wetlands Protection Act must be submitted when a Certificate of Compliance is requested. 22. Members of the NACC shall have the right to enter v )on and inspect the presises to evaluate compliance with this Order of ;onditions. 23. Accepted engineering and construction standards and procdures shall be followed in the completion of the project. Issuance of these conditions does not in any way im ,ly or certify that the site or downstream areas will not be subject to flooding, storm damage, or any other form of damage due to wetD, js, 24. A surety performance bond or letter of credit running to the Town of North Andover shall be provided in the amount of $5,J00.00' whi.ch shall be in all respects satisfactory to Town Counsel and the North Andover Conservation Commission and shall be posted with the Treasurer, of the Town of North Andover before commencement 'of work. Said bond or letter of credit shall be conditioned on the completion of all Conditions here- of, shall be signed by a party of parties satisfactory to the Conservation Commission and Town Counsel, and shall be released after completion of the project, provided that the provision, satisfactory to the Commission, has been made for performance of any conditions which are of a continuing nature. 4 _ TEOMA ESTATES : ' . 242-2G9 Issued By Nor_twh Aii(io'y'er Conservation Commission Signatures) :s' This Order must be signed by a majority of the Conservation Commission. On this 2.211d day of. May l g 85 , before me l.l- tlio Vi.certs personally appeared Guier to me known to be the person described in and who executed the foregoing Instrument and acknr wledged that he/she executed• the same as his/her free act and deed. I Notary Public My commission exl 'res The applicant,the owner,any person aggrieved by this Order,any owner of land abutil.r,.lhe' nd upon which the proposed worts Is to be done or any ten.residents of the city or town in which such land Is located are hereby notifie- of ihplr right to request the department of Environmental Quality Engineering to Issue a Superseding Order,providing the request Is nadi;oy oeriilied mail or hand delivery to the Department within ton days from the data of Issuance of this Order.A copy of the roquoe shall©t the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Dotach on dolled lino and submit to the - prior to commencement of work, 1 .......................... .................................................. .... . ......, ......,... .........,..,.....,......,.................6................... To 'Issuing Authority Please be advised that tho Order of Conditions for the projoct a - File Number has boon recorded at the Registry of And has been noted in the chain of title of the affected property In accordance with General Cone lion 8 on , 19 If recorded land, the Instrument number which identifies this transaction Is 11 registered land, the document number which Identifies this transaction Is Signature Applicant `1 .P)Mtf File No. ` (To b prdvidad y pEOE} City/Town North Andover; - ' Commonwealth + David & Joan' Howard - Oi fV1855aGhUSetts Applicant r4• ' Order of Conditions. Massachusetts Wetlands Protection Act c: 131, §40 and under t;he Town- of North Andover Bylaw, .Chapter 3.5 A & B From North Andover Conservation 'Commission' David & Joan Howard Same To (Name of Applicant) (Na rye of property owner) 25 Francis Street Address Address��a This Order Is Issued and delivered as follows: L �by hand delivery to applicant or representative on �3 {date) (data) © "by certified mail,return receipt requested on This project,is located a Lot 2 Old Cart Way -- Teoma Estates Th"e property Is recorded at the-Registry of Northern Essex Boo —Pao 127 Certificate(if registered) April 13, 1987 (date) The Notice of Intent for this project arias filed on The public hearing was closed on April 22, .1987 (date) 'Flndings The North Andover Conservation Commission• has reviewed the above-referenced Notice of able to the Intent and plans and has'held a public'hearing on the,proJect. Based or 'the'Information s determined that NAC at this time, the NAM the.area.on which the proposod work Is to be dons Is significant to tho IbIlowing Interests in accordance with the Presumptions of Significance set forih In the regulations for.eaoh Avta Subject to protection Under the Act(check as appropriate); Public water supply Storm damage prevention Private water supply Prevention of pollution' Ground water supply ❑' Land containing shellfish Flood control, 0 Fisheries l l Lots 2 old Cart Wsy• `,CC herebyli that Ilia following conditions are Therefore, the t 3 ' { necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter• ells checked above. The orders that all work shall be performed in a'ccordance with sald conditions and with the Notice of Intent referenced above. To the extent that the folf; lowing conditions modify or differ from the plans, spocifications'or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with alfcondiiions stated herein, and with all related statutes and other regulatory meas- ures, shall be doomed cause to revoko or modify flit:;Orclor. 2, This Order does not grant any properly rights or nny exr.,luslve privileges, it does not authorize any injury to private property or invasion of private rights. 3; This Order dons not relie'vo the permilleo or any, other person of ilia necessity of complying.with all other appGc.�ble fedcrral, slat,or local stal►rtes, ordin,rr�re.^,, by-laws or regulations. 4, The work authorized hereunder shail be complete(]within three yc;,nrs from the dale of this Order unless r_ither of the following apply: 1 0 . ' ' , •1 (a) Elie work'is a maintenance dredging.projoct as provided for in ilia Act; or (b) the time, for completion has been extendod to a specified dale more than three years, but less Char live years, from the date of issuonce and both that date and the special circumstances warranting the extended time period arc sot forth in this Order. 5. This Order rutty be extended by Elie issuing nulhority for'ono or more ocrlorJs of up irXthree years each upon application to the Issuing authority al"least 30 days prior to the expiration date of the Order. G. Any fill used in connection with this project shall bo clean fill,,con laining no trash, reluse rubbish or de- bris, including but not limited to lumber, bricks. plaster, wire, lath, paper, cardboard, pipe, fires, ashes, refrigerators, motor vehicles or parts-of any of [lie foregoing. 7r• No work shall be undertaken.until all administrative appeal'poriods.from.111is Order have elapsed or, if such an appeal has been iiled, until all proceedings before the Department have been completed. 8, No work shall be'undertaken untit the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in' which the land is iocated, within the chain of litle of the affected property. In the case of recorded land, the Final Order shall also be noted in t1le Rerg€siry's Grahlor 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 Cerlificale 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 NACC on the form at the 'end of this Order prior Io comriiencemenl of the work. 9, A sign shall be displayod at the situ not less than two square feet or more than three square feet•in size , bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Numbcr. 242- 406 1 A. Where tile E7cpartmefit of irnvlronmental Ounilly Cnglnnerinq Is requested to make a determination and to issue a Superseding Order, the Conservaliory Commission rh€+ll be a Tarty to all,agency proceedings • and hearings before the Department. 11 . Upon completion of tho work described 1)orein, tho applicant shall forlhwi.th request In writing that a Certificate of Compliance be Issued stating that the work has been satisfactorily completed, 1'2.The work shall conform to the following pions a11d rpvciat conditions: 2 1 Page 3 i N ORDER, OF CONDITIONS Lot 2 Old Cart Way DEQE #242-406 . 12a. Notice of Intent by David and Joan Howard -- 25 Francis Street, Everett, MA. , prepared by Stephen E. Stapinski, Merrimack Engineering Services, 66 Park Street, Andover, MA dated April 13, 1987 and received April 13, 1987. 128 Plan entitled "Plan of Lnad in North Andover, Mass showing proposed driveway -- house, construction drawn for Domenic Teoli and David and Joan Howard - Dated: April 1987 prepared by Merrimack Engineering Services Inc. , scale 1"--40' 12c Plan entitled plan of subsurface disposal system in North Andover, MA prepared, for Domenic Teoli and Paul Maus - 77 Colonial Drive Lawrence, MA by Merrimack engineering Services Dated: 12/2/85 revised 11/16/86, revised 4/13/87 scale 1"a40'... Lot 2 Teoma Estates 13. In advance of any work on th is project, the applicant shall notify the NACC and shall arrange an on-site conference among the NACC, the Contractor and the applicant to ensure that all of the Conditions of this Order of Conditions are understood. This Order 'also shall be made a part of the contractor's written contract. 14. The applicant, or its successors, shall notify .the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction during the work on the site and to ensure compliance with this Order: 15. Prior to any. construction on the -site a double row of staked hay bales . s with siltation fencing shall be used as erosion control- devices and placed as shown'on the plan .referenced in Condition 12c. This barrier shall be inspected and.'approved. by the NACC prior to the start of construction. This row of hay bales shall remain intact until all disturbed areas have been mulched, seeded, and stabilized to prevent erosion. Prior - to' start of construction the applicant shall submit: a plan in-- corporating the aforementioned erosion control devices with proper ' reference- to such. 16. The applicant shall. have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of twenty-five (25) hay bales and sufficient stakes for staking these bales.. Said bales shall be used only, for the contgrol of emergency erosion problems, and shall not be used for 'the normal,,control of erosion, as described in Condition #15. 17. 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 foaming, seeding, and mulching according to ,Soil Conservation Service standards. if the latter course is chosen, stabilization will. be considered once the surface shows complete vegetative cover has been achieved. i 1 Page 4 } '; ORDER OF CONDITIONS , Trot 2 Old cartway DEQE #2142-406 18. No earthen embankment in the' buffer zone shall have a slope steeper than 2: 1. 19. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be implemented at the direction of the NACC. . 20. . There shall be' no stockpiling of soil or other materials within twenty--five (25) feet of any resource area. 21. During and after work on this project, . there shall. be no discharge or spillage of fuel, oil, oi .other pollutants into any resource area. 22. 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; by, majority � vote, said changes to be significant and/or' deviate from the original plans, Notice of Intent or this Order of Conditions to such an extent that the interests of the Wetlands Protection Act� and Bylaw cannot be protected by this Order of Conditions, then the NACC will call for another public hearing within 21 days, at the expense of the applicant, in order to take testimony from all. ingterested parties. Within 21 days of the' close of said public hearing, the NACC will issue an amended or new Order of Conditions. 23. Any errors found in the plans or information' submitte'd by the applicant shall be considered as charges, and procedures outlined above for changes shall be followed. f 24. In conjunction with the possible sale of this lot, the applicant shall submit to the NACC a signed statement by the buyer that he is aware of an outstanding Order of Conditions on the development and has received notice under Condition #27 below. 25. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this' Order .of Conditions. 26. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 27. The provisions of the Order shall ,apply to and be binding upon the applicant, its employees, and all successors and assigns 1n interest or control. 28. Issuance of these Conditions doews not in any .way imply or certify that the site oz downstream ,areas will not be subject to flooding,, storm damage, or any other form of damage due to wetness. Page 5 ORDER OF CONDITIONS Lot 2 - Old Cart Way DRQR #242-406 29, A proper bond- or the deposit of money or negotiable securities f.. sufficient in the opinion of the Commission .to secure the performance of the conditions and observance of the safeguards of such order of conditions running the Town of North Andover shall be proved in the amount of $2,000.00. Such bond .or security, if filed or deposited shall be approved as to form and manner of execution by Town Counsel and/or the Town 'treasurer, shall be posted with the Treasurer of the Town of North Andover before commencement of work. Said bond or .deposit of money or negotiable security shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, the Town Treasurer, 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 a continuing nature. This condition is issued under the Authority of the Town of North Andover Wetlands Protection Bylaw. . 30.- In addition to the requirements of. Condition #11, the applicant shall submit a letter to the NACC from a registered professional engineer certifying compliance with this Order of Conditions. Said letter shall .certify, but. not be limited to the .following: a. `"As-Built. elevations of all drainage ways construcged within 100 feet of any wetland resource area. Y' 1 b. "As--Built" elevations and the grades of all filled or altered wetland resource area. c. Distances to all -structures and alterations within 100 feet of any wetland resource area. r An "As-Built" topographi.c' plan .of all areas within the jurisdiction of the Wetlands Protection Act and Bylaw shall be , submitted when a Certificate of Compliance is requested. 31 . No underground storage of fuel oils shall be allowed on this lot. This Condition shall survive this Order of Conditions, and shall run with the title of the property. 32. Ferfilizers utiliz3d for landscaping and,lawn care shall, be of the low nitrogen content variety,- and shall be used in'moderation. Pesticides and herbicides. shall not be used on 'any lot in the subdivision within one--hundred (100) feet of. a wetland resource area. I ' i Lot: 2. Teoma'.8stat'es, D.E.Q.E. Conservation Commission Issued By North Andover Sianilure(s) This Order must'bo sigiled by a.ma)ority of the Conservation Commission. 29th April 19. 87 , before ma On this day of personally appeare N . to me known to be the person described in And who executed the foregoing instrument and ecknowledped that he/she executed the same s his/her free act and deed. No ary Public T My commission expir The eppitcant,the owner,any person aggrloved bg this Order,any owner of land abutting the land upon which the proposed work Is to be done or any ton residents of the city or town In which such land Is located arb horoby notified of their right to request the Department of Environmental Quality Engineering to issue a superseding Order,providing the request la made by certlfied mail or hand delivery le, the Department wilhin ton days from the date of Issuance of this Order.A copy of the toqu,ast shall at tho same time be sent by certified mail or hand delivery to the Conservation Commission and tho applicant. If you wish to appeal this decision• ubder the Town 8y Law, a complaint must be filed in -Superior Court. North Andover Conservation Comm. prior In commencement oti work. Detach on dotted line and submit to the • .w{M..NM M..N......I.N....I..NM.....NI..I.•N.M.N........................... ............... ...........N.../1.....{...................................•.........................i.......M{ w' 'Issuing Authority TLI Please be advised that the Order.of Conditions for the prolect a Zk2'-�+A6 inO Flla Numbw hn bean raoordod al tho Flaglatry of has bean noted In the chain of fldo of the aItoclad prop artyIn accordance with Gonorat Condition 0 on tl recordid land. the Instrumdnt number which Identifies this transaction to ! l ti tepiatend lend,the document number which ldentif o;s this transaction I6 i ,• j 1 , Appticant,- !_ ' si¢ndture 1, ! . r X:0E Filo No. 2.42-407 �� Jobe provWe by DEQE) - - - Cit (Town North Andover Commonwealth y i _ of Massachusetts Applicant Domenic Teoli i - 'y Lot 3 -- .Teoma Estates (Old Cart Way) Order of Conditions Massachusetts Wetlands Protection .Act GLL. c. 131, §40 and under the Town- of- North Andover Bylaw, Chapter 3. 5 A & B - From North Andover Conservation Commission Domenic Teoli Same To (Name of Applicant) (Na no of property owner) 77 Colonial. Drive Address Lawrence MA Address SAME This Order is Issued and delivered as follows: , ❑ 1by hand delivery to applicant or representative on (date) 5� by certified mail, return receipt requested on June 1, 1987 (date) This project is located at Lot 3 - Teoma Estates - (Old Cart Way) � The property Is recorded at the Registry of---:- Essex North 8 ook 6908 Page 127- Certificate (if registered) The Notice of Intent for this project was tiled on April. 13, 1987' (date) The public hearing was closed on April 22, 1987 (date) Findings 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 or the'information available to the NACC at this time, the NACC has determined that the area on which the proposod Work is to be done is significant to the Irollowing Interests in accordance with the Presumptions of Significance set forth In the regulalJons for.each Avals Subject to Protection Under the Act(check as appropriate), ® Public water supply l�Storm­damage prevention f Private water supply ll Prevention of pollution' L Ground water supply ❑. Land containing shellfish Lie Flood control ❑ Fisheries 1 r Page 2 242-407 'Lot 3 -- Teotma Estates Cart Clay) i Therefore, the NAB., 'hereby finds ll)al the following conditions are necessary, in accordance•with the Performance Standards set forth in the regulations, to protect those inter- ests checked above. The Nor 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 fol louring conditions modify or differ from the plans, spocifications'or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditlons 1 . Failure to comply with atl'condiiions stated herein, sand with alt related statutes and other regulatory meas- ure;, %hall be decined cause to revolve or modify lhi,; Order. 2. This Order does not grant any property rights or ony exclusive privileges', it does not authorize any injury to private property or invasion of private rights, 3:- This Order does not relieve the permitlee or any other person of the necessity of complying with all olhcr,applicabte fedMI, state or focal statutes, ordinances, by-laws or regulations. A. The work authorized hereunder shall be comptelc d 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; or (b) the limn for completion has been extended to a specified dale more than three years, but less than five years, from tine date of issuance and both that date:and tho special circumstances warrant,ng the extended tirne period are set forth in this Order. 5. •rhis Order may be extended by the issuing authority for one or more porlods of up la three years each upon application to the issuing authority nt least 30 days prior to the expiration dale of the Order. 6. Any fill used in connection with this project .;lull be clean fill, containing no trash, refuse rubbish or de- bris, 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 podods.f(om.this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have beeh completed. 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.f=inal Ordershall 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. to 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 NACC 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 Quality Engineering, File Number, _ 242— 4.07 10. Where tree Department of Environmental Ouality 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 tho work described herein, the applicant shall.forthwith request in writing that a r+ Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shalt conform to Ike following plans sand spacial conditions: ' . f: Page 3 i ORDER OIL CONDITIONS Lot 3 - Old Cart Way DEQE #242--407 12a. Notice of Intent for Domenic Teoli, 77 Colonial Drive, Lawrence, MA dated April 8, 1987 and received by the NACC April 13, 1987, b. Plan entitled Plan of Land in North Andover, MA. , showing proposed driveway house construction drawn for Domenic Teoli and David & Joan Howard by Merrimac Engineering Services Inc. , dated April 1987 scale 1"-40' c. Plan entitled Plan of Subsurface Disposal System in North Andover, Mass as prepared for Domenic Teoli and Paul Maus Lot 3 .Old Cart Way, Teoma Estates, dated October 1985, rev. Nov. 6, 1986, revised April 3, 1987 by Merrimack Engineering Services Tnc. , Scale 1"-20' 13. In advance of any work on this project, the applicant shall notify the NACC and shall arrange an on-site conference among the NACC, the Contractor and the applicant to ensure that all of the Conditions of this Order of Conditions are understood. This Order also shall be made a part of the contractor's written contract. 14. The applicant, or its successors, shall notify the NACC in writing of the identity of the on�site construction supervisor hired to coordinate construction during the work on the site and to ensure compliance with this Order. 15. The applicant shall submit to the NACC necessary documentation for the driveway easement to access Lot #2. 16. Prior to any construction on the site, a double row of staked hay bales shall be placed as shown on the plan referenced in Condition 12c. This barrier shall be inspected and approved by the NACC rior to the start of construction. This row of hay bales shall remain intact - until all disturbed areas have been mulched, seeded, and stabilized to prevent erosion. The applicant shall submit revised plans incorpor- ating the new erosion control harrier prior to the commencement of any activity on the site. 17, The applicant shall have on hand at the start of any solid disturbance, removal or stockpiling, a minimum of twenty-five (25) 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, as described in Condition #15. 18. 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 the surface shows complete vegetative cover has been achieved. Page 4 ORDER OF CONDITIONS Lot 3 Old Cart Way DEQE #242-407 19. After proper grading, all disturbed areas located within a resource area, except those areas designated as compensatory wetlands, shall be foamed and seeded with not less than four (4) inches of good quality loam. Before seeding, ground limestone shall be applied at a rate sufficient to bring the soil test to pH 6.5. In addition, 10-6-4 fertilizer, or its equivalent, shall be applied at a rate of fifteen (15) pounds per one--thousand (1000) square feet, in accordance with Soil Conservation Service Cuidelines. 20. No earthen embankment in the buffer zone shall have a slope steeper than 2: 1. 21 . All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be .implemented at the direction of the NACC. 22. Where shall be no stockpiling of soil or other materials within b twenty-five (25) feet of any resource area. 23. During and after work on this project, there shall be no discharge or spillage of fuel, oil, or other pollutants into any resource area. 24. 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, by majority vote, said changes to be significant and/or deviate from the original plans, Notice of Intent or this Order of Conditions to such an extent that the interests of the Wetlands Protection Act and Bylaw cannot be protected by this Order of Conditions, then the NACC will call for another public hearing within 21 days, at the expense of the. applicant, in order to take testimony from all interested parties. within 21 days of the close of said public hearing, the NACC will issue an amended or new Order of Conditions. 25. Any errors found in the plans or information submitted by the applicant shall be considered as changes, and procedures outlined above for changes shall be followed. 26. In conjunction with the possible sale of this lot, the applicant shall submit to the NACC a signed statement by the buyer that he is aware of an outstanding Order of Conditions on the development and has received notice under Condition #28 below. 27. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions, 28. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 4 Page 5 ORDER OF CONDITIONS Lot 3 - Old Cart jay D.B.Q.E.#242--407 29. The provisions of the Order shall apply to and be binding upon the applicant, its employees, and all successors and assigns in interest or control. 30. Issuance of these conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage, or any other form of damage due to wetness. 31. A proper bond or the deposit of money or negotiable securities sufficient in the opinion of the Commission to secure the performance of the Conditions and observance of the safeguards of such Order of Conditions running to the Town of North Andover shall be provided in the amount of $2,000.00. Such bond or security, if filed or deposited shall be approved as to form and manner of execution by Town Counsel and/or the Town Treasurer, shall be posted with the Treasurer of the Town of North Andover before commencement of work. Said bond or deposit of money or negotiable security shall be conditioned upon the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, the Town Treasurer 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 a continuing nature. This condition is issued under the Authority of the Town of Forth Andover Wetlands Protection Bylaw. 32. In addition to the requirements of Condition #11, the applicant shall submit a letter to the NACC from a registered professional civil engineer certifying compliance with this Order of Conditions. Said letter will certify, but not be limited to the following: 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 alterations within 100 feet of any wetlandkesource area. An "As-Built" topographic plan of all areas within the jurisdiction of the Wetlgnds Protection Act and Bylaw shall be submitted when a Certificate of Compliance is requested. 33. No underground storage of fuel oils shall be allowed within 100 feet of a resource area. This Condition shall survive this Order of Conditions, and shall run with the title of the property. 34 Fertilizers utilized for landscaping and lawn care shall be of the low nitrogen► content variety, and shall be used in moderation. Pesticides and herbicides shall not be used on any lot in the subdivision within One-hundred (100) feet of a wetland resource area. Page 6 DDQ� 11242—.407 T.nt 3 W- Teoma Estates j Issued sy North Andover Conservation Commission sign to s) , r This Order must be signed by a majority of tho Conservation CommlSslon. On this 27 .h day of may 1 O' 87 , before me personally appeared Guillermo J. Vi'cens , to me known to be tho person described in and who executed the foregoing Instrument and acknowledged that he/she executed the same as his/her free act and deed. ANolary 1.e_ - bli My commission expires Trio applicant,the owner,any pereon aggriovod by this Order,any owner of land abutting the land upon which the proposed work Is to be done or any ton residents of the city or town In which such land is located ore hereby notified of their right to request the Department of Environmental Ouality Englneefing to Issue a Superseding Order,providing the roquost Is made by certilied mail or hand delivery lo` the Department within ton days from the data of Issuance of this Order,A copy of the request shall at the samo time be sent by cortiried ' mall or hand delivery to the Conservation Commission and the applicant. If you wish to appeal this decision under the Town By Law, a complaint must be filed in -Superior Court. Detach on dotted little and submit to the North Andover Conservation Comm. prior to commencement of work. .........««......... Issuing Authority 7` Please be advised that the Order of Conditions for the project a Flie Number / -yam has boon recordod at the Rog€retry of and has bean notod In the chain of tilt*of tho affected property In accordance with Ganoraf Condhion a on- 11 fecorded land, the instrument number which Identifies this transactlon Is It registered land,the documont number which Identillos this transaction Is 1 Applicant. Slgnalure a Form 5 DEQE File No. 242 430 . � (To be provided by DEQE) Commonwealth city/Town North Andovar- " of Massachusetts u Applicant �v "Wagon Wheel Estates" Additional Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 and under the Town of North Andover Bylaw, Chapter 3.5 A & B From North Andover Cons Prun tj on. To'Arthur Gauthier Edwin Brown (Name of Applicant) (Name of property owner) Address 1 Jenkins Road Address 1535 Great Pond Road Andover, No. Andover, MA. • 01845 This Order is Issued and delivered as follows: Cl by hand delivery to applicant or representative on (date) C�by certified mail, return receipt requested on f7f (date) This project is located at 34.6 acres "Teema Hstate7sll as shown on Tax Map 107B, Lot 27 The property is recorded at the Registry of Boo 1148 page 198 . Certificate(if registered) The Notice of Intent for this project was filed on September 15, 1987 (date) The public hearing was closed on DQyamLPF 15, 1984 (date) Findings The has reviewed the above,referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the NACC at this time, the N ' has determined that 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 Protection Under the Act(check as appropriate): OX Public water supply Flood control ❑ Land containing shellfish OX Private water supply E. Storm damage prevention 9 Fisheries [IX Groundwater supply Prevention of pollution Ek Protection of wildlife habitat 5.1 Effective 11/1187 � I ADDITIONAL ORDER OF CONDITIONS WAGON WHEEL ESTATES 242-430 48. No underground storage of fuel oils shall be allowed within one-hundred (100) feet of any wetland resource area on any lot within this development. This condition shall survive this Order of Conditions, and shall run with the title of the property. D.E.Q.E. #242-430 Wagon Wheel Estates North Andover Conservalton Commission Issued By. Signatures) owe �d ` Cell, L. oAl M This Order must bo signed by a majority of the Conservation Commission. . On this loth day of February 1 g,88�, before ma personally appears Jack Lindon , to me kno\Vn to be the son described In and whp executed the foregoing Instrument and acknowledged that he/she executed the me as his/her fir e C an deed. September 9 1994 olary Public My commisslon expires The applicant,the owner,any person aggriovod by this order,any owner of rand abutting the land upon which rho proposed work Is to be done or any Ion residents of the city or town In which such land Is located are horeby notified of their riohl to request the Department of Environmental duality Englneedng to Issue a Superseding Order,providing the request Is made by corillied moil or hand detivery Id" the Department within Ian days from the date of Issuance of this Order.A copy of tho 4equost shall at the Sarno time be sent by certified mart or hand delivery to the Conservation Commission and the applicant, If you wish to appeal this decision ubder the Town By Law, a complaint: must be filed in -Superior Court. Detach on dotted line end submit to the NACC prior to commencement of work. ...N..1,.M1\IM1.NN.,.\.tiNN,NNN,I.IN„H.,1MNN.N.NI...•......N.....................I........N....f•..................Ir....r..r.11.............rr r.............r..r..r......"................. Issuing Authority Trr Please be advised that the order of Conditions for the project a File Nurnbrr 24Z-448 har born fecorded st the Replalry of and has been noted In the chain of title of the affected property in accordance with General Condition 0 on t t o It recorded land, the Instrument number which Identities this transaction 1s It registered land,the document numbor which Identifies this transaction er _Applicant. Slpndlure