HomeMy WebLinkAbout07-31-1987 Order of Conditions e � '
..j ME'File No. 242 �426
(To be provided by OEQQ
OR H A n
- - Commonwealth
Ci1ylTown — —DO
r = of Massachusetts Applicant JIL-MIC REALTY TRUST
li BRECKENRIDGE HOMES
Lot H •(103 Gray Street) ,
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 CONSERVATION
JIL-MIC REALTY TRUST SAME
' To
(Name of Applicant) (Nd ne of property owner)
4 School Hill Lane
Address North Reading, MA 01864 Address. l
This order Is issued and d6livered as follows:
p Jby hand dellvery to applicant or representative on (date)
0 by certified mail, return receipt requested on September 14 1987 (date)
LOT H - 103 GRAY STREET, NORTH ANDOVER, MA
This project Is located a
The property Is recorded at the Registry of
Probate Document Number 306389 •of 1970.
Roo Page
Certificate (if registered)
The Notice of Intent for this project was filed on Jdly 31, 1987 (date)
The public hearing was closed on August 12, 1987 (date)
Findings
The 'NORTH ANDOVER CONSERVATION COMMISSION has reYlewed the above referenced Notice of
Intent and plans and has held a pubiic'hearing on the project. Bas6d or 'the'informalion available to the
NACC at tills time, the t has determined that .
the area on which the proposed work Is to be done Is signlllcant to thoirollowing Interests In accordance with
the Presumptions of Significance set forth in the regulations for.each Ayv a Subject to Protection Under the
Act (check as appropriate); �/
ty� Public wa(er'supply IV Storm damage prbvention
(D Private watel'supply W Prevention of pollution'
/ l ❑' land containing shellfish
• Q�J/ Ground wa 'ter supp y •
Flood control ❑ Fisheries
r l r
�t;'4 2 4 2—
NACC '
Therefore, the hereby finds III at we following conditions are
necessary, in ac'cordance,with Me 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 fol•`;
lowing 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'cor)diiions stated herein, and with all relaled statutes and other regulatory meas-
ures, shall be deemed cause to revolve or modify thi:; Order,
2. This Order does not gr,Ant any property rights or nny exclusive privileges, it does not authorize any injury
to private property or invasion of private rights.
3; This Order does not relleve the permillee or any other person of the necessity of complying with all
other applicable feddrol, sta•to or local stattilos, ordinances, by-laws or regulatlons,
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
r;ither of the following apply:
(a) the work is a maintenance dredrging.projecl as provided for in the Act; or
(b) the time for completion has been extended to a specifiers date more than three years, but less than
' live yoars, from the date of issuance and both that dale and.the special circumstances warranting
[hoc x1l ended lime period arc,sel forth in this Order.
5. This Order may be extended by the i:;suing nullwrily for one or more, periods of up trAthree years each
upon application to the Issuing arilhorily al lcnst 30 days prior to the expiration date of the Order,
G. Any fill used in connection will) this project shall be clean fill, conlaining no trash, refuse rubbish or de-
bris, including but not limited to lumber, bricks, plaster, wire, fall), papbr, cardboard, pipe, fires, ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7r • No work shall be undertaken until all administrative appeal periods.lrom.tft.is Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall bo 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 Ordershalf 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 lobe done. The recording information shall be submitted to the NACC
on the form at the end of this Order prior to cornibencemcnt of Ilia work.
9, A sign shall be displayed at the site not less than two square feel or more than three square feet in'size
bearing the words, "Massachuselt Department of Environmental Quality Engineering,
11-4 - '
Fife Number 242--
„_... .
10. Where It)e bepartment of lnvironmental Ouaiity r-nglneerho Is roquesled to make a delerminailon and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
1 1, Upon completion of tho work dascribod heroli), (lie applicant c11a11 forthwith request in wriling that a
Certificale of Compliance be issued stating that the work has been satisfactorily completed,
12. The work shall conform to Ike following pinns and spacial conditions: ,
. r
Page 3
ORDER OF CONDITIONS LOT H - 103 CRAY STREET, NO. ANDOVER DEQE #242--426
(BRECKENRIDCE HOMES)
12. The work shall conform to the following plans and additional conditions:
a) Notice of Intent submitted by JIL-MIC REALTY TRUST,
prepared by Richard F. Kaminski & Assoc. , Inc. ,
Dated: July 30, 1987 Fifteen (15) pages.
b) Plan entitled "No ttice of Intent - Proposed Construction-
Breckenridge- Homes-North Andover, MA," prepared by
Richard F. Kaminski & Assoc. , Inc. Dated August 3, 1987.
Three (3) pages.
c) Hydrological calculations entitled "Flood hydrograph
package (HEC-1) ." Dated: July 17, 1987
13. The following wetland resource area is affected by the proposed work:
bordering vegetated wetland. This resource area is significant to
the interests of the Act and Inwn Bylaw as noted above. This
resource area is also significant to the wildlife and recreation
interests of the Bylaw. The applicant has not attempted to overcome
the significance of these resource areas to the identified interests.
14. The NACC agrees with the applicant's delineation of the wetland
resource areas at the site.
15. In advance of any work on this project the applicant shall notify
the NACC, and at the request of the NACC, shall arrange an on--site
conference among the NACC, 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.
16. 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.
17. Commencing with the issuance of this Order, and continuing through the
existence of same, the applicant shall submit to the NACC a written
progress report every three months detailing what work has been done
in or near resource areas, andwhat work is anticipated to he done over
the next period.
18. Prior to any activity on the site, a filter fabric fence or a double row
of staked hay bales shall be placed between all construction areas and
wetland areas per SoilConservation Service or D.E.Q.E. standards. This
barrier shall be inspected and approved by the NACC prior to start of
construction. This row of hay bales or filter fabric shall remain intact
until all disturbed areas have been mulched, seeded, and stabilized to
prevent erosion.
} Page 4 j
ORDER OIL CONDITIONS LOT H -- 103 GRAY STREET D.E.Q.E. #242-426
BRECKENRIDGE HOMES
19. 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 control of emergency erosion problems, and shall not be
used for the normatl control of erosion, as described in the Erosion
Control Plan submitted with the Notice of Intent or the hay bale
barrier described in Condition No. 18.
20. 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.' •
21. After proper grading, all disturbed areas located within a resource area
which will not remain as wetland areas, shall be loamed and seeded with
not less than four (4) inches of good quality loam. Before seeding,
ground limestone small 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 square feet
in accordance with Soil. Conservation Service guidelines. All disturbed
areas located within wetland resource areas which are . only temporarily
disturbed during construction, shall be restored to their original grade
using as topsoil the original wetland soil, soil removed from other
permanently filled wetlands, or at least four (4) inches of good quality
loam, and then be seeded or planted with compatible wetland species and
mulched with hay.
22. No earthen embankment in the buffer zone shall have a slope steeper than 2: 1 .
Any slopes of steeper grade shall be rip-rapped to provide permanent
stabilization. All slopes on the inside of the proposaidetention ponds shall
be no steeper than 3:1.
23. All erosion prevention and sedimentation protection measures found necessary
during construction by the NACC will be implemented at the direction of thh
NACC.
24. There shall be no stockpiling of soil or other materials within 25 feet of any
resource area.
25. During and after work on this project, there shall be no discharge or
spillage of fuel, oil, or other pollutants into any resource area.
26. 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 to deviate from the origianl plans, Notice of
Intent or this Order of Conditons to such an extent that the interests of ,
the Wetlands Protection Act and Bylaw 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 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 Conditons.
Page 5
ORDER OF CONDITIONS LOT H - 103 GRAY STREET D.E.Q.E. #242--426
27. 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.
28. In conjunction with the sale of any lot with a resource areas, the
applicant shall submit to the NACC a signed statement by the buyer
that he is aware of an outstanding Order of Gonditons on the development
and has received notice under Condition No. 31 below.
29. The NACC shall be notifed in writing of any lot line or lot number
changes with a cop} of a plan sh owing these changes prior to any
work on these lots.
30. Members of the NACC shall have the right to enter upon and inspect the
premises to evaluate compliance with this Order of Conditons.
31. Accepted engineering and construction standards and procedures shall
be followed in the completion of the project.
32. Prior to the issuance of a Certificate of Compliance, the applicant
shall submit a letter to the NACC from a registered professional civil
engineer certifying that the work is in compliance with the plans
referenced above and all the Conditions hereof.
33. The provisions of this Order shall apply to and be binding upon the
applicant, its employees, and all successors and assigns in interest
or control.
34. 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.
35. A proper bond or a deposit of money or negotiable securities running
to the Town of North Andover shall be provided in the amount of
$4,000.00, which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC, and shall be posted with the Treasurer
of the Town of North Andover before commencement of work. Said bond or
deposit of money shall be conditionoion 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 a continuing nature. This
Condition is issued under the authority of the Town of North Andover
Wetlands Protection Bylaw.
36. The utiliites for any of the houses in this subdivision shall not be
constructed as to pass under or through any wetland resource areas
on the site.
t j:
Page 6
ORDER OF CONDITIONS LOT H - 103 GRAY STREET DEQE #242-426
Breckenridge Homes
37. .All effluent 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.
38. 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.
39. 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.
D.E.Q.E. #242-426 ' DACE 7 (Breckenridge Rome) 103 Gray Street;&�r"f ff)
Issued BY NaRTH 'ANDOVER Conservation Commission
Signature
This Order must be signed by a majority of tho Conservation Commission,.
On this, 9th day of Septe her __ _ 19, 87 , beforo me
personally appears.
Jack Lindon , to me kno\gn to be the
person described In and who executed the foregoing Instrument and acknowledged that he/she executed
the some as his/her free act And deed,
Notary Public My in expir s
T ' Y
,
The applicant,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 ton residents of the city or town In which such land is located are hereby notified of their right to request the Department
of Environmental Quatity Engineering to Issue a Suporsedfno Order,providing the request is made by certified mail w hand delivery to
the Department within ten days from the date of Issuance of thls Order,A copy of the[oquest shall at the same time be sent by certified
mail or hand delivory 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.
. polach on dotted fine and submit to the
NACC prior to commencement of work.
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Issuing Authority
Please be advised that the Order of Conditions for Iho project.a
42 426 and
File f�umber 2
,...,�...�...�....-..h��boon recorded al'the ptlg3oiry of ,
has been noted In the chain of title of the affected property In accordance with General Condition a on
, to •
If recorded land, the Instfumont number which Identifies this transaction Is
it registered tend,the document number which identifies this IfansactiOn Is
Applicant.
Slpnt3ture '