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HomeMy WebLinkAbout1988-03-02 Conservation Order of Conditions 5/25/88 1 TOWN OV N_•,,.{TH AN©OVrR. MASSACHUSk7` i CONSERVATION COMMISSION ° TILLS PHQH 68 -1105 IV AA I'.1.-_l. NDS PRO` TON ACT PURSUANT TO THE AUTHORITY OF THE WETLA TEC I MASSACHUSETTS GENERAL LAWS CHAPTER 131, SECTION 40, AS AMENDED, AND THE TOWN OF NORTH ANDOVER'S WETLAND PROTECTION BYLAW, THE NORTH ANDOVER CONSERVATION COMMISSION WILL HOLD A PUBLIC MEETING ON Dec. 2, 1987 AT 8:00 P.M. , AT THE SELECTMEN'S MEETING ROOM,, 120 MAIN STREET, NORTH ANDOVER, MA ON THE WETLAND DETERMINATION REQUEST OF Ferrante Trust (Linda A. Ferrante) , 'LAND. LOCATED AT: "Jeffrey Place" off of Bridges Lane BY: JACK LI•NDON CHAIRMAN RUN ONCE IN THE North Andover Citizen on Nov. . 25, 1987 COPIES TO: PLANNING:13OARD BOARD OF HEALTH PUBLIC WORKS HIGHWAY DEPT. APPLICANT ENGINEER ' DEQE FIRE CHIEF Bldg. , Insp, r 1 r 4 l . Form 5 DEOE File No. 242--463 1 ` (To be provided by DEQE) Commonwealth City/Town North Andover of Massachusetts Ferrante Trust Applicant Tiffany Lane (Jeffrey Place) 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 A&B From North Andover Ferrante Trust To - Linda Ferrante, Trustee same (Name of Applicant) (Name of property owner) Suite 202;204 Address $09 Turnpike Street Address This Order Is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) Q by certified mail, return receipt requested on May 31, 1988 (date) This proje+rt is located at Jeffrey Place/Tiffany Lane The properly is recorded at the Registry of North Essex Book 2205 Page 1.34 Certificate(if registered) The Notice of Intent for this project was filed on Apr4 1 119,-19 (date) The public hearing was closed on (date) Findings The North And 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 NACU _at this time, the NACC 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 Towns ByLaw for each area subject to protection under the Act and ByLawt ® Public water supply ® Flood control ❑ Land containing shellfish ( Private water supply ❑ Storm damage prevention ® Fisheries © Ground water supply M Prevention of pollution ® Protection of wildlife habitat 5-1 c31-43...-. i i f i /n7 Jeffrey Place/Tiffany Lane 242-463 242— NACC Therefore, the hereby finds iliat inn following conditions are necessary, in accordance,wilh the Performance Standards set forth in tlae regulalions, to protect those inter- esis checked above. The NAC—C orders Ihat 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'condiiions stated herein, and with all relraled slatules and other regulatory meas- ures, shall be deemed cause to revoke or modify thin Order. 2, This Order does not grant any property rights or any exclusive privileges, it does riot authorize any injury to private property or invasion of privale rights. 3. This Order does not relieve tite permiltee or any other person of the necessity of complying with all other applicable federal, state or local stralutes, ordinances, by-laws or regulations, 4. The work authorized hereunder shall be completed within three yenm from the date of this Order urpless either of the following apply: ; (a) the work is a maintenance dredging.projecl as provided for in the Act, or (b) lho lime for completion has been extended to a specified dole more than three years, but less Char live years, from the date of Issuance and both that dato ind.thospecial circumstances warranting the extended time period are-set forth in this Order. 5, This Order may be extended by the issuing nuthorily for one or more periods of up trathree years each upon application to the Issuing authority at least 30 clays prior to the expiration date of line Order, 6. Any fill used in connection with this project t0itall be clean fill, containilag 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 line foregoing. • • 7r• No work shall be undertaken until all administrative appeal perlods,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 hand Court for the dislrict in which the land is located, within the chnin of title of the affected property. In the case of recorded land, the Final Order shalt also be noted in the registry's Grantor Index under the namQ 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 wori<is to be done. The recording information shall be submitted to the NACC on the form at the end of this Order prior to comrmencement of the work. 9. A sign shall be displayed at the silo not less,Ilion two square feet or more than three square feel in'siza bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number 242-- .463 , 10. Where the Department of Environmental Quality Lngineering Is foquested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before (tic Department, 11 . Upon completion of the work described hercln, Elie applicant shall forthwith request in writing that a Certificate of Compliance be issued slating that the work leas been satisfactorily completed, 12, The work Shall conform to the following plans and special conditions; 1 ORDER OF CONDITIONS: Jeffrey Place/Tiffany Lane 242-463 a. Notice of Intent submitted by Ferrante Trust, prepared by Nelson Engineering, dated April 14, 1988, twenty-eight (28) pages. b. Plan entitled "Modified Definitive Plan of Land in North Andover, "prepared for Ferrante Trust by Nelson Engineering, dated April 13, 1988. Three (3) sheets, labeled 1 of 4, 2 of 4, and 3 of 4, (4 of 4 not submitted) . e. Plan entitled "Topographical Plan of Land located in North Andover," prepared for Ferrante Trust by Nelson Engineering. Dated September 18, 1987. Two (2) sheets. Labeled "Pre-Construction Run-Off Areas and Post-Construction Run-Off Areas". GENERAL CONDITIONS: 13. The following wetland resource areas are affected by the proposed work: bank, land under water, land subject to flooding, and bordering vegetated wetland. These resource areas are significant to .the interests of the Act and Town Bylaw as noted above. These resource areas are also significant to the recreation interests of the Bylaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. Revised plans reflecting this condition shall be submitted to the NACC for review and approval prior to start of construction. 14. The NACC agrees with the applicant' s delineation of the wetland resource areas at the site. No wetland areas are to be altered by the proposed work at this site. PERFORMANCE/DESIGN STANDARDS/CHANGES 15. Prior to the start of construction, the applicant shall submit a detailed erosion and sedimentation control plan including a construction sequence or schedule for review and approval by the NACC. 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. The only work to be allowed in this buffer zone shall be the outlet from the detention pond. 17. No earthern 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. Al slopes on the inside of the proposed detention ponds shall be no steeper than 3: 1. 3 - � 1 ORDER OF CONDITIONS: Jeffrey Place/Tiffany Lane 242-463 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 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 servedby 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 testimoney 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 for information submitted by the applicant shall be considered as changes,and procedures outlined above in Condition #19 for changes shall be followed. RESIDENTIAL LOT DEVELOPMENT 21. This Order of Conditions and the submitted Notice of Intent applies only to the roadways, utilities, and drainage facilities. 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 Lot #5. b. A Request for Determination shall be filed for work on Lots #3 and 4. C. Lots numbered 1, 2 and 6 shown on the plan are not subject to future action by the NACC. 22. 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. These lot line changes may result in a change in Condition #21 as covered by Condition #19. 23. In conjunction with the sale of any lot listed under Conditions #21 above, 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 #43 below. 4 ORDER OF CONDITIONS: Jeffrey Place/Tiffany Lane 242-463 24. The utilities 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 except as approved under any future filings as may be submitted in response to Condition #21 above. 25. No underground storage of fuel oils shall be allowed 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. 26. 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: 27. 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. 28. 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. 29. 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 in anticipated to be done over the next period. 30. 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. 31. All construction work shall conform to the erosion control plan and construction sequence or schedule noted above in Condition #15 above. 32. 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 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 bales or filter fabric shall remain intact until all disturbed areas have been mulched, seeded, and stabilized to prevent erosion. - 5 W ORDER OF CONDITIONS: Jeffrey Place/Tiffany Lane 242--463 33. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of one hundred (100) 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 #32. 34. upon completion of construction and grading,allidisturbed 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. 35. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC or its agent. 36. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be implemented at the direction of the NACC. 37. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 38. 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. 39. Washing from concrete trucks, or surplus concrete, shallnot be directed to, or dumped in, any drainage system or wetland resource area. 40. 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 offsite. 41. Members of the NACC or its agent shallhave the right to enter upon and inspect athe 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. - 6 - ORDER OF CONDITIONS: Jeffrey Place.Tiffany Lane 242-463 42. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 43. 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. 44. 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. 45. 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 $5,000. 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 of 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 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 condition is issued under the authority of the Town of North Andover Wetlands Protection Bylaw. 46. In addition to the requirements of Conditons 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. 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. 7 W Many Lane D.E.Q.E. #242--1-5.3 Issued By North Andover Conservation Cornmisslon Signature(s) X� ' This Order must be slUned by a majority of ilia Consorvatlon Commission, On this 25th day of. May before me personally appears Jack Lindon , to me known to be the person described In pnd who executed the foregoing instrument and acknowledged thEkt he/she executed f the sa a as his/her fr act and deed. September 9, 1994 Not ry public My commission expires i The appitcont.the owner,tiny person aggrieved by tllls order,tiny owner of land ebuttinq the tend upon which the proposed work 13 to be done or any Ion residents of the city or town in which such land Is located ore hereby notified of their right to request 1110 Uopartrnent of Environmental ouallty Engineortna to Issue a Superseding Order,providing the request Is made by corlilled mail or hand delivery 16' the Depadment within ten days from Ilia date of lasuance of this Order.A copy of lho request 611011 at the s jtno time be sent by cerliGed mail or hand delivery to Elie Conservatlon Commission and the applicant. If you wish to appeal this decision uhfder the Town By Law, a complaint must be filed in 'Superior Court. r . tJ+laah on dotted tirr•and submit to fire NACC prlor to commencement of work. ......HMM M.Mwwa....�.w1...lM1H.1I.I.MI.IIIIIINM H.I..I......1................................................r..........I........ .......rr r..r.........r.r........r.rr................. Issuing Aulhority To please be advised[het Ilia Order of Condition'[for Itae praioct a and File Number242--463 thel been recorded at Ilse Registry of_ - has been noted in the chain of IIt1e of the nllecied proporty In accordance with General Condlllon a on If rscordad land, the Instrument number which Identifies this ifnnsection to 11 registeted land,the docurti©nl number which IdentNioa this Iransoctlon Is 1 �Applicant. Signifture • S