HomeMy WebLinkAbout1989-06-15 Conservation- Order of Conditions DEF SUB Form 5 DEGE File No. [:242:—I�i86
(To be provided by DEQE)
CItytTown North Andover
Commonwealth
of Massachusetts Joseph T. Lee
h Applicant
_ Lura Woodside Waticins Way
Liberty Hills — IT
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
sand under the Town of North Andover's Town Bylaw, Chapter 3.5 A&B
From NORTH ANDOVER CONSERVATION COMMISSION
To Joseph T. Lee Same
�
(Name of Applicant) (Name of property owner)
Address 300 Essex Street, Middleton, MA Address SAME
This Order is Issued and delivered as lollows:
Nr/by hand delivery to applicant or,representative on December (date)
❑ by certified mail, return receipt requested on (date)
This project is located at Lura Woodside Watkins Way or Liberty Hills — II
The property is recorded at the Registry of
Northern Essex
Boo 6164 Page 273
Certificate (if registered)
The Notice of Intent for this project was filed on November 7, 1988 (date)
The public gearing was closed on December 7 1988 (date)
Findings
The NORTH ANDOVER CONSERVATION COMISSION has reviewed the above-referenced Notice of
Intent and plans and has held a public gearing on the project. Based on the Information available to the
NACC at this time, the ..AACL,has determined that
the area on which the proposed worts 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
Town' s ByLaw for each area subject to protection under the Act and ByLaw:
1�0 Public water supply t J�, Flood control El Land containing shellfish
6KPrivate water supply ( / Storm darnage prevention m" Flsherles
(� Ground water supply 0 Prevention of pollution Protection of wildlife habitat
5-1
Page
Liberty Hills 11
Therefore, the NACU 1 hereby finds lha, ,,ee following conditions.Oro
necessary, in accordance,wi(h the Performance Standards set forth in the regulations, to protect those Inter-
ests checked above, Tho _ NamC orders Ihal all work shall be performed
in accordance with said conditions and will) the Notice of Intent referenced above. To the extent that ilia lot-
lowing conditions modify or differ from ilia plans, specifications'or other proposals submitted with Ilea Notice
of intent. the conditions shall control.
General Conditions
1 , Failure to comply will) all'condilions stated herein, acid with all related statutes and other regulatory meas-
ures, shall be deemed cause to revolve or modify•lhis Order,
2, This Order does not grant any property rights or any cxc;lu,lvc privileges, if does not authorize any Injury
to private properly or invasion of private rights,
3: This Order does not relieve the permillee or any other person of the necessity of complying Willi all
other applicable fecjeral, st. u- or local slattrles, ordinnticcs, by-laws or regulations,
4, The work authorized hereunder shall be completed within three years from the vole of this Order urtless
either of the following apply:
(a) Ilea work is a mainlenance dredging project as provided for in the Act; or
(b) the (imp for completion has been extended to a specified dale more than three years, but less thar
' five years, from Iiee date of Issuance and both Iliac date and.Ihe special circums lances warranling
Ilia extended lime period arc-sot forth in this Order.
s. ThiG Order rnny be extended by the i;suing nuthorily for one or rnor(; perlods of up In. three years each
upon application to the Issuing aulhorily at least 30 dnys prior to Ilia expiration date of Ilea Order.
6. Any fill used in connection will) this project hall be clean fill, conlainireg no Irash, refuse rubbish or de-
bris, including but not limited to lureeber, bricks, pfaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrigeralors, motor vehicles or parts of any of the foregoing.
7 No work shall be undertaken until all administrative appeal periods.fromJl)ls Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed,
n, No work shall be undertaken until Ilse Final Order has been recorded in the neglstry 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 NACC
on the form at the end of this Order prior to corivieenceneent of Ilse work.
9, A sign shall be displayed at the silt not less Ile7n two square feet or more than three square feel fri size
bearing the words, "Massachusetts bepartment of Environmental Quality Engineering,
Pile Number 242-•486 .
10, Where [tic Department of Environmental Qualily r-rig ncering Is requested to make a determinallon and
to issue a Superseding Order, Ilea Conservation Commission shall be a party to all agency proceedings
and bearings before the Department.
11 Upon completion of Ilia work disc€ibed licreln, tlrc applicant shall forthwith request in writing that a
Certificate of Compliance be issued slaling (I)at the work has been satisfactorily completed.
12. The work shall conform,to the following [fans and spncinl conditions:
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Order of Conditions Liberty Hills II D.E.Q.E. #242-486
12. The work shall conform to the following plans and additional conditions:
a. Notice of Intent submitted by Joseph T. Lee, 300 Essex
Street, Middleton, Mass. , prepared by Merrimack
Engineering Services, 66 Park Street, Andover,
Mass. , dated October 26, 1988, and received by the
NACC on Nov. 7, 1988. Includes thirty-two (32)
sheets of draiange analysis with six (6) additional
sheets containing environmental impact and evaluation
statement.
b. Plans entitled "Plan. of Land'Liberty Bills IV in North
Andover, Mass. & Middleton, Mass. prepared by Merrimack
Engineering Services, dated June, 1988, revised to
September 14, 1988, with D.P.W. comments of November 22,
1988. Nine (9) sheets: 1-9.
C. Sketch showing approximate limits of 100 year flood plain
from FIRM map 001-B Middleton and 0010E No. Andover
dated December 10, 1988 and submitted to the NACC on
December 13, 1988.
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. This resource
area is also significant to the recreation interests of the Bylaw.
The applicant has not attempted to overcome the presumption of signifi-
cance of this resource area to the identified interests.
14. The NACC agrees with the applicant's delination of the wetland resource
areas at the site.
15. The wetland crossing shall be re-designed to reduce the "footprint"
as wetland alteration to a width of not more than forty-five (45) feet.
Plans shf l be submitted to the NACC for approval prior to the starto6f
construe on.
16. 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.
17. If any wetland replication is required as a result of the above changes,
the NACC finds the applicants proposal for wetland replacement areas
to be adequate. The wetland replication area shall be constructed as
the first construction project, and shall be inspected and approved
by the NACC prior to the start of any other work.
Page -4- r
Order of Conditions Liberty Hills II ➢.E.Q.E. 4242-486
18. Any changes in the submitted plans, Notice of Intent, or resulting
from the aforementioned conditions must be submitted to the NACC
for approval prior to implementation. If the NACC finds, by majority
vote, said changes to be significant and/or to deviate from the
original plans, Notice of Intent, or 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 inter-
ested parties. Within 21 days of the close of said public hearing,
the NACC will issue an amended or new Order of Conditions.
19. Any errors found in the plans or information submitted by the applicant
shall be considered as changes, and procedures outlined above in
Condition #23 for changes shall be followed.
RESIDENTIAL LOT DEVELOPMENT
20. This Order of Conditions and the submitted Notice of Intent applies only
to the roadways, utilities, and drainage facilities. Although informa-
tion 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 1.
b. The work proposed on Lot No. 8 as shown on the plan is not
subject to future action by the NACC.
21. 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.
22. In conjunction with the sale of any lot listed under Conditions #20
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 fl42.
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.
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Order of Conditions Liberty Hills 11 D.E.Q.E. #242-486
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 contractors 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 construc-
tion during the work on the site and to ensure compliance with this Order.
27. Commencing with the issuance of th is Order, and continuing through the
existence of same, the applicant shall submit to the NACC a written progress
report every four (4) months detailing what work has been done in or near
resourcje areas, and what work is anticipated to be done over the next
period.
28. Wetland flagging shall be checked prior to start of construction and shall
be re--established wheremissing so that required erosion control measures
between construction activity and wetland resource areas can be properly
placed.
29. All construction work shall conform to the Erosion Control Plan and
Construction Sequence/Schedule noted above in Condition #12.a & b above.
30. 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 bales or filter fabric shall remain intact
until all disturbed areas have been mulched, seeded, and stabilized to
prevent erosion.
31. 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 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 #40.
32. Upon completion of construction and grading, all disturbed areas located
outside resource areas shall be stabilized permanently against erosion.
This shall be done either by sodding, or by loaming, seeding, and mulcing
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.
1 �
Page -6-
Order of Conditions Liberty Hills II D.g.Q.N. #242--486
39. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC or its agent.
34. 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 to only temporarily
be 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 specids:,andd
mulched with hay.
35. All erosion prevention and sedimentation protection measures found
necessary during construction by the NACC will be implemented at the
direction of the NACC.
36. There shall be no stockpiling of soil or other materials within twenty-five
(25) feet of any resource area.
37. 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 pahse 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.
38. Washings from concrete trucks, or surplus concrete, shall not be directed to,
or dumped in, any drainage system or wetland resource area.
39. 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.
40. 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.
41 . Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
k �
Wage -7-
Order of Conditions Liberty Hills II D.E.Q.E. #242-486
OTHER CONDITIONS:
42. The provisions of this Order shall apply to and be binding upon the
applica'at, its employees, and all successors and assigns in interest
or control.
43. 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.
44. 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 provison, satis-
factory 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 Condition is issued under the authority
of the Town of North Andover Wetlands Protection Bylaw.
45. 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.
46. Special Conditions #23, 24 and 37 shall survive the issuance of a Certificate
of Compliance for this project.
LIBERTY HILLS' _I. DEQE #242"-486 L• Woodside Watkins Way
Issued Fly North Andover Cnnservettan Camrrtisslan
Signature(s)
emu. t )phi
This Order must bo signed by a molorlty of ilia ConsorVallon Commission.
.On this 21sk day of December ��,88 beforo mo
personally appears
Guillermo J. V'icens , la me known to be the
perso described In Arid who,executed the foregolnD instrurnent and acknowledged that he/she executed
the s 1e as his/her Ir nd deed.
September 9, 1994 '
No Public
cornlnisslon oxpiros
.The applicant,Iho owner,any pardon egg(loved by this Order,any owner of land abulllrtg tho land upon whlctt lira rtroposed work Is to
be done or any Ian residents of the city or town in which such land is located oro horoby notified of(heir rfalrl Io request Iho t7onertmenl
of Environmental Quality Engineering to Issue a Superseding Ordor,providing ilia roquosl Is made by cerilllod mall or hand delivery id"
the Department wlihln Ion days from Ilia date of Issuance of this Order,A copy of Ilia toquost shall ai ilia same time be sent by certified
mall or hand delivery to ilia Conservatlon Cornmisslor)and ilia applicant.
If you wish .to appeal this .decision under the 'Town By Law, a complaint must: be
filed in -Superior Court.
Detach on dotted line and submit to file NACC prior to commencement o1 work.
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'Issuing Authority
please be advised that Ilia order of Conditions for Ilse proloct a
File Numbitr
242--486 hat been recorded at ilia Floolatry of and
has been noted In the chain of title of the affected property In accordance with 0onoral Condltton 0 on fit
It recorded tend, the inatrumenl number which Identifies this Iraneaclton Is
It teolalered land, the document number which Identlllas this Iransoctlort Is
Applicant.
Signdture