HomeMy WebLinkAbout1989-05-05 Conservation-Orders of Conditions DEF SUB �l
Forrn.5 . oeaerlle [T2- 97
(To be provided by DEQQ
North Andover
commonwealth cityrtown
"j of Massachusetts Gene L. English
r fug Applkcant
f
ENGLISH CIRCLE
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover's Town Bylaw, Chapter 3.5
From North Andover Conservation Commission
To . Gene L. English Same
(Name of Applicant) (Name of property owner)
14 Harvard Street, Extension
Address
Woburn, MA 01810 Address Same
This Order Is issued and delivered as follows:
❑ by hand delivery to applicant or,representative on (date)
a by certified mail, return receipt requested on June 6, t1989 (dalel
This project Is located at Across from Bannan Dr. , Lots 1,2,3 English Circle
The property is recorded at the Registry of Northern Essex
Book 1327 _Page 711
Certificate (if registered)
The Notice of Intent for this project was filed on April 19, 1989 (date)
The public hearing was closed on May 10, 1989 (date)
Findings
The North Andover Conservation Commission has reviewed the above-relerenced Notice of
Intent and plans and has held a public hearing on the project, Based C on the Infottnation available to the
NACC at th=s time, the 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 and precedent and practice under this
T�ownrs ByLaw for each area subject to protection under the Act and ByLaw:
IN
Public water supply Flood control ❑ Land containing shellfish
tJ Private water supply Storm damage prevention D Fisheries
Ground water supply VPrevention of pollution FBI Protection of wildlife habitat
5-t
Fffar.tivn 11/1/197
t i
English Circle #242-497
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 By Law, to protect those interests
checked above. The North Andover Conservation Commission
(hereafter 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 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
L
English Circle #242-497 2
periods 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 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 Quality
Engineering File Number 242--497" .
s
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 and additional
conditions:
a. Subdivision Plan of English Circle, Merrimack Engineering
Services, dated April 1989 .
b. Notice of Intent for Gene L. English, dated April 1989 .
GENERAL CONDITIONS:
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 Town Bylaw as
noted above. These resource areas are also significant to the
recreation 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 disagrees with the applicant 's delineation of the
bordering vegetated wetland resource . areas at the site. The edge
English Circle #242-497 3
of the wetland to the northeast of the site was found to be
closer to the stone wall in one location.
PERFORMANCE DESIGN STANDARDS CHANGES :
15. The grading on Lot 1 and along the western side of the
English Circle shall be revised to allow for proper drainage from
the abutting property to the wetland resource areas to the
northeast of the site. A plan showing such grading shall be
submitted to the NACC prior to the start of construction, for
approval .
16. The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site will cause further alteration
of the wetland resource areas during the construction activities,
particularly the individual house construction. 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-cut zone and a fifty (50) foot no-construction
zone shall be established from the edge of the bordering wetland
resource areas. 4
17 . 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 proposed detention ponds shall be no steeper than
3 : 1.
18 . 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.
19 . 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 the implementation. If the NACC
finds, by majority vote, said changes to be significant and/or to
deviate from the original plans, Notice of Intent, or this Order
of Conditions to such an extent that the interests of the 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
Conditions.
20. Any errors found in the plans or information submitted by the
applicant shall be considered as changes, and procedures outlined
above in Condition #20 for changes shall be followed.
English Circle #242-497 4
21. The proposed project is still under review by the North
Andover Planning Board, and may further be reviewed by other town
or state boards or agencies. This may result in changes to the
proposed project, e.g. , water and sewer line locations, which may
in turn involve changes to the project plans or wetland impacts.
Consequently, in order to protect the wetland interests, a final
set of plans and a letter from the professional engineer who
prepared these plans shall be submitted to the NACC for review
and approval prior to start of construction. said letter shall
describe any and all changes or differences between the final
plans and those reviewed and cited above by the NACC. These
plans and letter shall address all items identified or requested
by Conditions #16 through 19 above. No work shall begin on this
project until written approval has been given by the NACC. All
changes shall be considered as specified in Condition #20 above.
22 . The NACC shall be notified in writing of any lot line or
number changes with a copy of a plan showing these changes prior
to any work on these lots.
23 . No underground storage of fuel oils shall be allowed on any
lot within one-hundred (100) feetfof any wetland resource area.
This Condition shall survive this Order of Conditions, and shall
run with the title of the property.
24 . 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 100 feet of a wetland resource
area.
DURING CONSTRUCTION
25. 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.
26. 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.
27 . 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 six (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.
f
English Circle #242-497 5
28. 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.Q.E. standards. This row of hay
bales and filter fabric shall remain intact until all disturbed
areas have been mulched, seeded, and stabilized to prevent
erosion.
29. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of fifty (50) 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 #32 .
30. 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 looming, 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.
31. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC or its agent.
32 . All erosion prevention and sedimentation protection measures
found necessary during construction by the NACC will be
implemented at the direction of the NACC.
33 . There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
34 . During and after work on this project, there shall be no
discharge or spillage of fuel, oil , or other pollutants into
any wetland resource area. If during any phase of site
preparation, construction, or clean-up, there is a spill or
discharge of any fuel, oil, or other pollutant, the NACC shall be
notified by the applicant as soon as practical . No vehicles are
to be stored within 100 feet of wetland resource areas, and no
vehicle refueling, equipment lubrication, or maintenance is to be
done within 100 feet of a resource area.
35. Washings from concrete trucks, or surplus concrete, shall not
be directed to, or dumped in, any drainage system or wetland
resource area.
36. 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 on the site, nor shall any waste
be disposed of on the site by any other means. The applicant
English Circle W242-497 6
shall maintain dumpsters at the site for the storage and removal
of such spent construction materials offsite.
37 . Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate compliance with
this Order of Conditions. The NACC reserves the right to
require, following field inspection, additional information or
resource protection measures.
38 . Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
OTHER _CONDITIONS;
39 . 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.
40. 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 ot4er form of damage due to
wetness.
41. 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 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
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.
42 . In addition to the requirements of Conditions No. 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 1.00 feet of any wetland
resource area.
b. "As-Built" elevations 4nd grades of all
English Circle W242-497 7
filled or altered wetland resource areas.
C. Distances to all structures and elevations
within 100 feet of any wetland resource areas.
An "As-Built" topographic plan of all areas within the
jurisdiction of the Wetlands Protection Act and Bylaw prepared by
a- registered professional shall be submitted when a Certificate
of Compliance is requested.
f
t
1/242-497 i English Circle I
.Issued py North ,Andover I Conservallon Commission '
f7
This Order must ba slgned by a majority of the Conservatlon Commission,
'
On this 24th day of May19, 89 , before me
personally appeared Paul L. Tariot , to mfl known to bo file
person described ID pnd Who,executed the foregoing Instrument and acknowledged Itlgt he/she executed
,Jhame as his/her fro pct and eed.
September 9 1994
44?yPublic My commisslon expires
Tho applicant,the owner,any person agorlevod by thls Order,any owner of land abulllno lho lend upon which the lirnposed work Is to
be done or Any ton resident*of the city or town In which such land Is locale dale horoby nolified of il+clr right io repuest the papartment
of SnVImomental Quality Engineering to Issue a Superseding Order,providing the roquosl Is made by certlfied mail or hand delivery ldr
the Department within ton days from the dote of Issuance of this Order,A copy of lino lcquost shall at the Sarno Urne be sent by certified
mall or bend delivery to the Conservallon Commission and the applicant.
If you wish to appeal this decision under the Town By Mawr a complaint trust be
filed in -Superior Court.
r detach on dotted tier and submit to the NACC prlor to commencement 01 walk-
....................................NNrrw .N....IrrN11r111...INN.NNrrrr..N..N.....r N...rr....i..........
'Issuing Authority
Please be advleed that the Cider of Condillons for the proloct a ,
Ile Number^ 242-497 has been recorded atrlha fieglairy of end
b&s been noted In the chain of title of the allocted propody In accordance with General Condition a on 1 t 9
It frcordod land, the Instrument number which Identifies this transaction to
11 registered land,the doculpont numb or wtilch Ide Mille s Ihls Itonspctlon la
A p pfic alit.
Slgndture
/�t/fL':*Y
f ,
Form 5 DEQE He Nu. 242-497
(To be provided by DE 1
_— Uly/town North Andover
Commonwealth
u — Gene L. English
of Massachusetts AppiIaant
ENGLISH CIRCLE
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
rand under the Town of North Andover's Town Bylaw, Chapter 3.5
From North Andover Conservation Commission
To . Gene L. English Same
(Nance of Applicant) (Name of properly owner)
14 Harvard Street, Extension
Address
Woburn, MA 01810 Address Same
This Order is issued and delivered as follows:
0 by hand delivery to applicant or;represenlative on (dale)
n by certified mail, return receipt requested on June 6 1989 (dale)
This project is located at Across from Bannan Dr. , Lots 1,2,3 English Circle
The property is recorded at the Registry of Northern Essex
Boo 1327 Page 711
Certificate (if registered)
The Notice of Intent for this project was Illed on April 19, 1989 (date)
The public hearing was closed on May 10, 1989 (date)
Findings
The North Andover Conservation Commission has reviewed the above•relerenced Notice of
Intent and plans and has held a public hearing on the project Based
ed on the Informatlon available to the
NACC at this time, the has determined lhat
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 regulalions and precedent and practice under this
Town' s Bylaw for each area subject to protection under the Act and Bylaw:
[d. p blio water supply C� Flood control Cl Land containing shellfish
Private water supply Ld Storm damage prevention J Fisheries
�/ Lv, protection of wildlife habitat
Ground water supply L�" Prevention of pollution
5•1
F[IROWR 11/1/87
r
} ' I
English Circle #242-497 �
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 "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 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
English Circle #242--497 2
periods 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 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 Quality
Engineering File Number 242-497" .
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 and additional
conditions:
a. Subdivision Plan of English Circle, Merrimack Engineering
Services, dated April 1989 .
b. Notice of Intent for Gene L. English, dated April 1989 .
GENERAL CONDITIONS:
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 Town Bylaw as
noted above. These resource areas are also significant to the
recreation 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 disagrees with the applicant ' s delineation of the
bordering vegetated wetland resource areas at the site. The edge
English Circle #242--497 3
of the wetland to the northeast of the site was found to be
closer to the stone wall in one location.
PERFORMANCE DESIGN STANDARDS CHANGES:
15. The grading on Lot 1 and along the western side of the
English Circle shall be revised to allow for proper drainage from
the abutting property to the wetland resource areas to the
northeast of the site. A plan showing such grading shall be
submitted to the NACC prior to the start of construction, for
approval..
16. The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site will cause further alteration
of the wetland resource areas during the construction activities,
particularly the individual house construction. 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-cut zone and a fifty (50) foot no-construction
zone shall be established from the edge of the bordering wetland
resource areas.
17 . 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 proposed detention ponds shall be no steeper than
3 : 1..
18 . 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.
19 . 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 the implementation. If the NACC
finds, by majority vote, said changes to be significant and/or to
deviate from the original plans, Notice of Intent, or this Order
of Conditions to such an extent that the interests of the 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
Conditions.
20 . Any errors found in the plans or information submitted by the
applicant shall be considered as changes, and procedures outlined
above in Condition #20 for changes shall be followed.
y
English Circle #242-497 4
21. The proposed project is still under review by the North
Andover Planning Board, and may further be reviewed by other town
or state boards or agencies. This may result in changes to the
proposed project, e.g. , water and sewer line locations, which may
in turn involve changes to the project plans or wetland impacts.
Consequently, in order to protect the wetland interests, a final
set of plans and a letter from the professional engineer who
prepared these plans shall be submitted to the NACC for review
and approval prior to start of construction. Said letter shall
describe any and all changes or differences between the final
plans and those reviewed and cited above by the NACC. These
plans and letter shall address all items identified or requested
by Conditions #16 through 19 above. No work shall begin on this
project until written approval has been given by the NACC. All
changes shall be considered as specified in Condition #20 above.
22 . The NACC shall be notified in writing of any lot line or
number changes with a copy of a plan showing these changes prior
to any work on these lots.
23 . 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.
24 . 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 100 feet of a wetland resource
area.
DURING CONSTRUCTION
25. 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.
26. 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.
27 . 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 six (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.
1
English Circle #242-497 5
28 . 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.Q.E. standards. This row of hay
bales and filter fabric shall remain intact until all disturbed
areas have been mulched, seeded, and stabilized to prevent
erosion.
29 . The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of fifty (50) 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 #32 .
30. 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 looming, 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.
31. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC or its agent.
32 . All erosion prevention and sedimentation protection measures
found necessary during construction by the NACC will be
implemented at the direction of the NACC.
33 . There shall be no stockpiling of soil or other materials
within twenty--five (25) feet of any resource area.
34 . During and after work on this project, there shall be no
discharge or spillage of fuel , oil , or other pollutants into
any wetland resource area. If during any phase of site
preparation, construction, or clean-up, there is a spill or
discharge of any fuel , oil , or other pollutant, the NACC shall be
notified by the applicant as soon as practical . No vehicles are
to be stored within 100 feet of wetland resource areas, and no
vehicle refueling, equipment lubrication, or maintenance is to be
done within 100 feet of a resource area .
35. Washings from concrete trucks, or surplus concrete, shall not
be directed to, or dumped in, any drainage system or wetland
resource area.
36 . 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 on the site, nor shall any waste
be disposed of on the site by any other means. The applicant
1
English Circle W242-497 6
shall, maintain dumpsters at the site for the storage and removal
of such spent construction materials offsite.
37 . Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate compliance with
this Order of Conditions. The NACC reserves the right to
require, following field inspection, additional information or
resource protection measures.
38 . Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
OTHER CONDITIONS ;
39. 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 .
40. 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.
41. 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 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
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.
42 . In addition to the requirements of Conditions No. 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
5
English Circle #242-497 7
filled or altered wetland resource areas.
C. Distances to all structures and elevations
within 100 feet of any wetland resource areas.
An "As-Built" topographic plan of all areas within the
jurisdiction of the Wetlands Protection Act and Bylaw prepared by
a registered professional shall be submitted when a Certificate
of Compliance is requested.
: #242-497 English Circle
Issued By forth Andover Conservation Colnrtlisslon
JVV� A
SI r7aEuros
{ ?
This order must be slgned by a majority of Ilia Conservollon Comfulsslon,
On Ilils ' 24th day of May 19 889 , before fne
personally appears Paul L. Tariot , to we knoOn to be tho
parson described in and who oxecuted the foregoing Instrurnent and acknowledged Ihalt he/she executed
-Ilia soma as his/iter tree get and eed.
September 9 1924
No 6aryP_ ubllc My colnrnisslon expires
ne applicant,the owner,any person aggrieved by Ihts Order,tiny owner of land abutilrig the land upon which 1110 fir oposed work Is to
be done or any Ion residents of the ally or town In which such land Is located ore iaaroby notlfled of Ihelr rluw to request Iho Department
of Envirwtmenlaf Ounlity Engineering to Issue a Superseding 0(dor,providing Ilro roquast le made by certilied mail or hand dellvefy ta'
the DepartmonI wilhln Ien days from 1ha date of Issuvice of Ihls order.A copy oI lho I0qu,ast 91r311 of llra saino time be sent by coftilied
mall or hand delivery to Ilia Consorvstlon Commission and the applicant.
If you wish to appeal this decision under the 'fawn By Law, a coniplaint must be
filed in Superior Court.
NACC prior to carnntencemenl of work.
Detach on dotted line and�ubmlilo the
M\\+H N MMW1�1ti\..F1wa..k............H...NN......f......................................\.\\.\,..........................r.\I....................,........................... ....,,,.............•
TU 'Issuing Authority
Please be advised that the Qrder of Condlllons!or the project a
242--497 and
File Number hfxa been recorded et Ilse Fleplairy of
. 14
h"been noted In Iho chain of title of Iho affected property in accordance with 00116ral Condition 0 on
If recorded tend, Ilia Instrument number which Idontiflos this transactlort Is
11 reglslafed land, tho document numbof which Identillos Ihls Iransocllon la
Applicant.
Signdturn