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HomeMy WebLinkAbout1988-07-12 Order of Conditions DEF SUB Form.5 DEQE File No. �242-448 f� tTo be provided by DEQEi nwealth City/Town North Andover � Commo of Massachusetts Jen-Car Construction Co. , Inc. u Applicant - - Lots 1,4-7 [linter Street (Bruin Hill) Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131 , §AO and under the Town of North Andover Bylaw, Chapter 3.5 A & B From North Andover Conservation Commission To Jen-Cor Construction Co. , Inc. Same (Name of Applicant) (Name of property owner) 55 Line Brook Road, Ipswich, HA 19 8 Address This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on— (date) by certified mail, return receipt requested on April 12, 1988 (date) This project is located at 11 4-7 Winter Street (Bruin Hill) No. Andover, MA The property is recorded at the Registry of Essex Soo 2076 Page 133 Certificate(if registered) The Notice of Intent for this project was filed on_ E LQbP r'9- 1997 (date) The public hearing was closed on BeC'2, 1987 (date) Findings The North Andover Conservation Comrsiission has reviewed the above-referenced Notice of Intent and plans and has held a public bearing on the project. Based on the Information available to the NACC at this time, the NACC has determined that the area an 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): ® Public water supply Flood control ❑ Land containing shellfish 5 , Private water supply •p Storm damage prevention IN Fisheries ® Ground water supply ® Prevention of pollution ® Protection of wildlife habitat 5-1 Effective 11/1/87 242-r448 NACC Therefore, the __'hereby linds that the foilowing conditions ;pro Y necessary, in accordance,with ilia Performance Slandards set forth in the regulations, to protect those inter- r ests checked above, The __NACC, orders Ilia(all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol., towing conditions modify or differ from the plans, specificrations'or othor proposals submitted with the Notice of Intent, the conditions shall control, Gencral Conditions 1 , Failure to comply with all'condilions stated herein, and wilh all related statutes and other regulatory meas- ures, shalt be debmed catrso to revolve or modify lh;s Of dor, ?_, This Order does not grhni any property rights or rany excliisive privileges, it does not authorize any injury to private property or invasion of private rights. 3: This Order does not relieve the permillee or any other person of tine necussily of complying with all , other,applicable fedepf'at, state or local f0atules, ordinrince s, by-laws or regulations 4. The work authorized hereunder shall be completed within three yonrs from the dale of this Order unless eilher of the following apply: (a) the work is a maintenance dredging project ras provided for In the Act; or (b) the limp. for completion has been extended to a specified dale more than three years, but less than ' live years, from the date of issuance and bolh that dale avid the special circumstances warranting the extended time period ara,sct forth in this Order. 5. . Thl7 , Order rnny be extended by the issuing nuthorily for one or nrorr: pr_rlods of up lra.three years each upon application to the Issuing authority pal Io,nst 30 clays prior to Ilia expiration date of ilia Order, G. Any fill used in connection with this project ,;hall be clean fill, coal ainipU no trash, refuse rubbish or de- bris, including but not limited to lumber, bricks, plaster, wire; lath, paper, cardboard, pipe, tires, ashes, rafrigeralors, motor vchfcies or parts of any of the foregoing. 7. . No work shall be undertaken until all administrative appeal perlods.fcom.lbls Order have elapsed or, if such an appeal has been fifed, until all proceedings before Ilia Department have been completed, 8. No work shall be undertaken until the l=inal Order has been recorded in (he Rergtslry of Deeds or the Land Court for the district in which Ilia land is localed, within the chain of title of the affected property. In the case of recorded land, ilia Final Order shall also be noted in ilia negistry's Grantor Index under the namo 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 Barad Court Certificale of Title of the owner of the land upon which the proposed work 1s•to,be done, The recording information shall be submitted to the NACC on (he form at the end of this Order prior to cornrnencement of Ilia work. 9. A sign shall be displayed at Ilia silo not less Iha'n two square feet or more than three square feet in'size bearing ilia words, "Massachusetts Department of Environmental Quality Engineering, File Number 242~ 448 , 10. Whefe the Department of Environmental Qualily C-righeering Is roquesled to make a delerminall'on and to issue a Superseding Order, Ilia C.onservaIion Commission shtalf be a party to all agency proceedings and hearings before the Department. r 11 , Upon completion of tho work doscribed harem, tha zipplicranl shall (orthwith request in writing that a Carlificate of Compliance be,lssuod slating that the work has been satisfactorily completed, 12. The work shall conform to the following plans zind spocial conditions: 7 ` 1 1 3 _ Order of Conditions Lots 1 ,4-7 Winter Street (Bruin Hill) D.E.Q.E #242-448 12. The work shall conform to the following plans and additional conditions: a. Notice of Intent submitted by Jen-Cor Construction Co. , 55 Line Brook Road, Ipswich, Mass, prepared 'by Dana F. Perkins & Assoc. , Inc. 1215 Main Street, P.O. Box 398, Tewksbury, Mass. , (fated October 29, 1987 and received by the NACC on October 29, 1987. b. Report entitled "Hydrological Analysis of "Bruin Hill Farm", prepared for Jen--Cor Construction by Dana F. Perkins & Assoc. , and dated September, 1987. c. Plans entitled "Plan of Land in North Andover'", "Definitive Plan of Bruin Hill Farm", prepared for Jen -Cor Construction by Dana F. Perkins & Assoc. , Inc. and dated September 1, 1987 and revised December 7, 1987 (Sheets 1 & 2 of 9) d. Plans entitled "Grading Plan in North Andover", "Definitve Plan of Bruin Hill Farm" . prepared for Jen--Cor Construction by Dana F. Perkins & Assoc. , Inc. and dated September 1, 1987 and revised December 7, 1987 (Sheets 7 & 8 of 9) e. "Hydraulic Calculations to determine the elevation of the 100 year storm" prepared by Dana F. Perkins & Assoc. , Inc. dated March 7, 1988 and received by the NACC on March 8, 1988. (8 sheets) f. Included for reference with item (e) was a copy of the "Notice of Intent for the construction of Winter Hill Estates" which was prepared by Frank C. Gelinas & Associates and dated September 14, 1976. g. Letter dated January 1, 1988 and received on January 8, 1988 from Jack Lougee of Dana F. Perkins & Assoc. , Inc. to the NACC in response to information requested at the public hearing. h. Letter from NACC (Nancy Sullivan) to Jen-Cor Construction Co. , Inc. , dated January 15, 1988 reiterating specific information desired by the NACC. 13. The following wetland resource areas are affected by the proposed work: bordering vegetated wetland and bordering land subject to flooding. These resource areas are significant to the interests of the Act and Town Bylaw as noted above. These resource areas are also significant to the recreation interests of the Bylaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. I 0 - 4 - Order of Conditions Lots 1 ,4--7 Winter Street (Bruin Hill) b.L.Q.E. #242--448 14. The NACC generally agrees with the applicant's delineation of the wetland resource areas at the site. 15. The plans as presented show massive alteration of the buffer zone on Lot 5, involving not only the removal of an entire wooded hillside but also extensive filling and regrading of the area. The NACC finds that this proposed work will impact the bordering vegetated wetland and that sufficient evidence has not been presented to preclude other design possibilities to minimize this impact. Therefore, prior to any work on the entire site, the applicant shall provide another design(s) minimizing the wetland impact or evidence, acceptible to the NACC, that no other designs are possible. 16. Considering the large potential wetland impact from work in the buffer zone on Lot 5, the NACC finds the applicant's proposal for protecting the wetland area to be lacking in both scope and detail. Accordingly, prior to the start of any work on Lot 5, the applicant shall submit a comprehensive, detailed plan which addresses the concerns raised by the NACC and which meets all of the requirements of the wetland regulations. The plan should address both erosion control measures to be taken and the rapid stabilization of any disturbed areas. this plan shall be reviewed and approved by the NACC prior to its implementation. 17. 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 extensive site alteration associated with septic system construction and 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 lrotu the edge of the bordering wetland resource areas. 18. No earthen embankment in the buffer zone shall have a slope steeper than 2: 1 except the slopes on the inside of the proposed detention pond which shall be no steeper than 3: 1. Any slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 19. 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. 20. 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 original plans, Notice of I.ntent, 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, 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. - 5 Order of Conditions Lots' 1 ,4--7 [linter Street (Bruin Hill) D.E.Q.E. #242-448 21 . 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. 22. The proposed project has not yet been reviewed 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 #15 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. . 23. Lots numbered 2,3,4 and 8 as shown on the plan are not subject to future action by the NACC. 24. Although information was presented on the potential location of individual houses, these were not final plans for the development of individual lots. Therefore, the following additional submittals shall be required for residential lot development. a. A Request for Determination or a Notice of Intent shall be filed for work on the folloiwng lots: 5 and 6. b. A Request for Determination shall be filed for work on the following lots 1 and 7. 25. The NACC shall be notified in writing of any lot Line or lot number changes with a copy of a plan showing these changes prior to any work on these lots. 26. In conjunction with the sale of lots 1,4,5, 6 and 7, 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, has received a copy of this Order of Conditions, and has received notice about Condition #47 below. 27. The utilities for any of the houses in this subdivision shall not be constructed so as to pass under or through any wetland resource area on the site. 28. 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. --6- Order of Conditions Lots 1 ,4-7 Winter Street (Bruin Hi117 D.E.Q.E. #242--448 29. 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: 30. 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. 31. The applicant, or its successors, shall notify the NACC in writing of the identity of the on--site construction supervisor hired to coordinate con- struction during the work on the site and to ensure compliance with this Order. 32. 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 (3) months detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This report shall serve to update the construction sequence or schedule cited in Condition #39 below. The first of these reports shall include specific. dates (by month) for each major item in the construction schedule. 33. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that required erosion control measures between construction activity and wetland resource areas can be properly placed. 34. All construction work shall conform to the Erosion Control Plan and Construction Sequence/Schedule noted above in Conditions #12 and 16. 35. Prior to any activity on the site, a filter fabric fence or a double row of staked hay bales shall be placed ten (10) feet from the edge of the wetland areas per Soil Conservation 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 tales or filter fabric shall remain intact until all disturbed areas have been mulched, seeded, and stabilized to prevent erosion. 36. 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 the Erosion Control Plan submitted with the Notice of Intent or the hay bale barrier described in Condition #35. 37. Upon completion of construction and grading, all disturbed areas located out- side resource areas shall be stabilized permanently against erosion. This shall be done either by sodding, or by loaning, 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. -7- Order of Conditions Lots 1,4-7 Winter Street D.W.Q.B. #242-448 38. No exposed area skull remain unfinished for more than thirty (30) days, unless approved by the NACC or its agent. 39. 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 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 square feet, in accordance with Soil Conservation Service guidelines. All disturbed areas located within wetland resource areas which are t0 \ohly 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. 40. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be implemented at the direction of the NACC. 41 . There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 42. 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 an unintentional 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. 43. Washings from concrete trucks, or surplus concrete, shall not be directed to, or dumped in, any drainage system or wetland resource area. 44. 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 shall maintain dumpsters at the site for the storage and removal of such spent construction ', materials off site. 45. 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. 46. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 1 1 Order of Conditions 1 ,4-7 Winter Street D.E.Q.E. #242-448 OTHER CONDITIONS: 47. 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. 48.1. 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. 49. 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 $10,000, 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 a 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 Conditions is issued under the authority of the Town of North Andover Wetlands Protection Bylaw. 50. In addition to the requirements of Conditions N o 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 wetland resource areas. An "As-Built" topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and Bylaw shall be submitted when a Certificate of Compliance is requested. 51. Special Conditions #19, 28, 29 and 42 shall survive the issuance of a Certificate of Compliance for this project. r BRUIN HILL �.E.Q.E. #242--448 Issued By Nort[i Andover Conservation Commission re(s) This Order must bo signed by a majority of the Conservation Commission, On this bth day of 19' 88 , before m© personally appeared Jack Lindon , to me known to be the person described In and whp executed the foregoing Instrument and acknowledoed thnit tie/she executed the same as his/tier free act and dyed. Notary f ubllo My nommisslon expires The eppllcant,the owner,any person aggrieved by this Order,any owner of land ebutling the land upon which the proposed work Is to be done or Any ton residents of the city or town in which such tend Is located ore hereby notilied of their flow to request the tepartment of Envlrcnmenlal Quality Enolneoring to Issuo a Superseding Order,provldino the roquesl Is made by certified mail or hand delivery to' the department within tort days from the date of Issuance of Ihls ardor.A copy of Pm tcquost shall at the sarno time be sent by certified mall or hand delivery to Elie Conservation Commission and tho Applicant. If you wish to appeal this decision ubder the Town By Law, a complaint must be filed in -Superior Court. Dolach on dotted line and submit to the NACC prior to commencement of work. M.....HN n.w.........1.M..e.....................M ...............................r..........................r.....................................r..............................I....................... 70 'Issuing Aulhority Please be adylsed that the Order of Conditions for Iho project At File Number 242-44 has.been recorded at the Registry of sand has been noted In the chain of I11te of the eflocted property in accordance with general Condition 8 on . 19 It recorded land, the instrument number which Idenlilios this transaction In 11 registered land,tho document number which Idenlifles this transaction Is Applicant. S►gndture