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North Andover Heights
" Order of Conditions {
Massacl'iu5ettS Wetlands Protection Act ,
G.L.c.131, §40
and under,the Town of North Andaverts Wetlands Bylaa, Chapter 178 i
' Prom N fil ANDOVER CONSERVATION COt f1
C r Ao n i
TO WI (Name of propy owners
(Name of Apolicanll C!0 Wilfred Cyrert '
851 Turnpike Street, ;
Address North Andover, MA O18G5 Adpress
07
Thrs Order is issued and detivared as louows: te10�r-m
[} .by hand delwery to applicant or represBnratrve on lC 1 7Tn -
C1 by cendied Mail,return fecerPt fecluesred On '
This protect IS located at
North Andover Heights i
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The praoerty recorded at the Registry di Dee
Page 220
Bpai<
Cenrlicale(II re;rsiered# c
December {oatel a2
The Notroe Of lntenr for this project was filed on
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. loatel
Thtr pUbljc nearing Wes closed On N•
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Findings
NACC nos reviewed trip above•reierenced Nonce 01
The
hasdeterrm nedthal
tci
. Intent Ono^vran5 and has Held a Pubj'a11hl5rt me!lice•rpjecNA aced On Ine Inram'atlon aYa',taDle to ins
the area an wnicn the oroopsed wows ie lobe cone
{� u apidns or soon Arinific"t to an S ngectta Protect on Unoer it's
1ne Presurr;puons of 5;grnhcanea$ej tonn into q
ActfehtirKasSLOOf pnatel: Ch.179❑ Prevention of irdnidn And U Landmconwrntngsllellilalt
Pubi-a water suoptY
Flood contra!
FisirierICS
Pnvale water supply 0 5tprm dafnage provrntrpn Protection of wildlife habliat
Prevention at pd11011OM1
C Ground water strpptC p slate fan
Ch. 178 8 Wildlife C1�17 ����c�reation
Total Filing Fee Submmed (+h fee 4n MOSS of S25)
CItYrTpwn Share CltylTown Portion S state Portion 51-
Total Rotund Dun 5 ;f'h total} (V!total)
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Therefore, the North Andover Conservation Commission (hereafter p.
the "NACc") - hereby finds that the following conditions are
necessary; in Accordance with',the,Performance Standards set forth
in the State'Reguiations, the
local SyLaw and Regulaticns, ,.ta ;
protect those interests noted above. r4
work shall be performed in accordance wThe NACC orders,that.all
ith said conditions and ac
;` with the Notice of Zntent"referenced above. To the extent'that
the following,conditions,modify or differ from the plane,' ? ,
!' specifications' other`proposals submitted with the Notice of 24
Intent, the conditions shall control.
GENERAL, CONDITIONS
r' 1. Failure 'to comply with all conditions stated herein, and .with
all related statutes and other regulatory measures, shall' be t
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deemed cause to revoke or modify this Order.
2. This Order does not rant an property rights or any
8 Yp P Y g _
- exclusive privileges; it does not authorize any injury to
private property or invasion of private'rights. x "
' 3. This Order does not relieve the'parmittee or .any other person . iF e
of the necessity-of complying with .all other applicable federal,
s� pp. ;
state or local ,statutes, ordinances, by-'laws or regulations. " �
zed hereunder shall be completed within three
s1 4.'.' The work authors
years from the date of this Order. fi r
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5, This Order may be extended by the issuing 'authority-for;one ! 33
' or more periods of up to one year each upon application to the °1
'' issuing authority at least 30 days prior to the.expiration date ' 'I
sof the. Order. w
Where the Department of Environmental Protection is requested
to make a determination and to issue a Superseding Order, the
conservation Commission shall be a party to, all agency - i
proceedings and hearings before the Department..
, � r
7. The proposed work includes a roadway and four houses in the `
buffer zone.
8. The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required) 4
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F (a) Notice of Intent filed by Wildross Realty Trust. 'w �5�
. (b) Plans prepared by Christiansen & Sergi.
? , 9. The following wetland resource areas are affected by the ` a
land und
proposed work; buffer.zone,
water, bordering land
subject to flooding, and bordering vegetated wetland. These
resource areas are significant to the interests of the Act and s
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J242-642 , North Andover Heights
Town Bylaw as Hated above. 'These resource areas are also
significant to the recreational and wildlife interests of the
Bylaw. . The applicant has not attempted to overcome the
presumption of significance of these resource areas to they f
identified interests.
10.'The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
12/2/92, revised 1/5/93r
11,' Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage.
12. Tt.e conditions of this decision shall apply to, and be
binding upon, the applicant, owner, its employees and-all
successors and assigns in interest or control,
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13. The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site to construct subdivision will r
cause further alteration of the wetland resource areas. In order
to prevent any alteration of wetland resource areas beyond those
proposed in the Notices of Intent and approved herein, a twenty-
five (25) foot no-disturbance zone and a fifty (50) foot no-
construction zone shall be established from the edge of the
adjacent wetlands. No disturbance of existing grade, soils or -
vegetation is permitted in the no-disturbance zone. (see + :
Appendix 5 of the- local Regulations) . Exception- Road crossing
A53-A52-A60-A61 and replication area.
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14. All 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. All catch basins shall be
free of all accumulated silt and -debris before a Compliance is
issued and the owner or his/her agent shall so specify in the
request for a Compliance.
15, Prior to any activity on site new plans must be submitted
showing Lots 3 and 17 in conformance with 251 "no disturbance's
zone. Also, plans must indicate "vernal pool° instead of
"seasonal standing water". •
16. The NACC finds the applicant's proposal for 2330 sq, ft. of
wetland replication to be inadequate. The Replication areas
shall be constructed prior to other construction activity on site
and this sequence shall be reflected in the construction
sequence. (see the local Regulations for performanes standards
for replacement wetlands)
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f 17. Prior to construction the NACC will receive a report from
t? the engineer reviewing the drainage calculations.for the Planning
Board: This report must show a zero increase in the.post '
development rate of runoff.
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s le. The lots on which wetland replication areas are proposed
' shall not b8 developed ,for residential construction until after
' the NACC has approved-the completed wetland.replication areas. `
r 19. The NA
shall be notified in writing of any lot line or !
number changes with a copy of.a plan showing these changes. prior. c:
r to any.work on these lots. Y
PRLOR TO CONSTRU-C'CION
20. Prior to construction the NACC will raceive. a report from
;t� the engineer reviewing the drainage calculations for.the Planning
E } Board. This report must show a zero increase in.the .post-
development rate of runoff. FN
21. ' No;work shall be undertaken until all'.administrative appeal
+ ! periods from this order have elapsed or, .if•such an appeal hest
jz been filed, .until.ail proceedings before the Department or Court
r have been completed.
22. This Order•shall be .recorded..by the applicant at the
Registryof Deeds immediate] after .the expiration af•all ,appeal
t.+ periods. No work shall be undertaken.until the ,Firial Order has
5 been recorded in the Registry of.Deeds or. the Land .Caurt for the
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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 not 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 4e
order shall also be noted on the Land Court Certificate of Title g
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 format the end of this
m
order prior to commencement of the work. 3
23. A sign shall be displayed at the site not less than two
E ''! square feet or more than three square feet in size bearing the
! words, "Massachusetts Department of Environmental Protection, 3 '
Pile Number 242-642".
! ± 35.
24. Any changes in the submitted plans caused by the applicant,
another Board's decision or resulting from this Order of
G conditions must be submitted to the NACC for approval prior to
;} implementation. If the NACC finds said, changes to be ,
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#242-542 North Andover Heights....
significant, the NACC will call for.another public hearing (at ,
the expense -of the applicant) . Within 21 days of the close of
said public hearing the NACC will issue an amended or new order
of Conditions. Any errors.found in the plans or information
submitted .by .the applicant shall be considered as changes. The
I; 'proposed project maybe still under review by other local' ,or :
"I state boards or,agencies. This may result in changes to the
project plans or wetland impacts. Tf 'any such changes occur a
revised plan and an explanation'of the revisions shall be t,
submitted to.the NACC for review and approval prior to the start
of construction.- No work shall begin on,a project until written
approval�.has been.granted by the NACC. ?'
25< The applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site
conference with an NACC representative, 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. The applicant or contractor shall
- notify the NACC ;in:writinq if the identity of the on-site '
construction supervisor hired to coordinate construction and to
ensure compliance with this order.
26. -The applicant shall submit a construction schedule/sequence
3 to the NACC detailing the proposed sequence of work on site to ± '
complete this project.
27. Wetland flagging shall be checked prior to'start of
construction and shall be re-established where missing so that
f erosion control measures can be properly placed and wetland
impacts can be monitored.
28. A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. . The
erosion control barrier will be properly installed and placed at
least 25' from ,the bordering vegetated wetland and shall be
inspected and approved by the NACC prior to the start of
construction and shall remain intact until all disturbed areas
have been permanently stabilized to prevent erosion. . All erosion
prevention and sedimentation protection measures Mound necessary
during .construction shall be implemented at the direction of the
NACC.
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 (or an
equivalent amount of,silt fence) . said bales shall be used only
for the control of emergency erosion problems, and shall not be
used for the normal control of erosion.
30. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $25,000 which
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242-64 yorth Andover Heights `
shall be in all respeats.'sntisfactory 'to Town Counsel,` Town
Treasuror, .and,the NACc, and shall be posted with. the North
reAndaver Town Treasurer before
money band or
,., deposit af.,money`shall be conditioned on-the completion'of all ,
canditians;hereaf; .shall be,signed by a party or parties
satisfactory .to.,the'NACC, and Town Counsel "`and shall, be released : S
a€ter .completian of the project, provided'that provision, ;
x the 'Nhcc, has-been made for performance of any
satisfactory to t;
,4 conditions which ,are.af;continuing'nature.. The'applicant-may
prapose,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 local Bylaw. 5
DURING CONSTRUCT-TONra j
31. Upon beginning work, `the applicant shall submit 'work ha
progress reports every one work has been
(l) month detailing what
done in or near 'resauree'areas, acid what -work is 'anticipated to { ,
be done over the next period. This will update the construction
sequence. "r + j
32, Any -fill used in, connection with this project shall.be clean r;
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,^ fill, containing no trashy refuse rubbish.or debris; including 3 a
but not limited to lumber, bricks, plaster, :wire„lath, paper, k , ,{
cardboard, pipe, tires, ashes, refrigeratorst!motor vehicles or {
* parts of any of the foregoing. E '
in un€inished for
33. No exposed area'shall rema .more than,thirty
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(30) days; unless approved by the NAM
34. No regrading in the buffer zone shall have a slope steeper
y than 2:1 (horizontal:vertical) .' Slopes of steeper grade shall be
rip--rapped to provide 'permanent`stabilization.
35. There shall be no stockpiling of soil or other mtiteriais
within twenty-five '(25) Peet of any resource area. ,
<� 36. Washings from concrete trucks, or surplus conerate, shall not
be directed to, any drainage system or wetland resource area, ;
37. All waste generated by, or associated with, the' aonstruction j' o
activity shall be contained within the construction area, and
r away from any wetland resource area. There shall be no burying
of spent construction materials or disposal of waste on the site
by any other means. The applicant shall maintain dumpsters (or
other suitable means) at the site for the storage and 'removal of :
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' such spent construction materials off site.
38. Accepted engineering and construction standards and
procedures' shall be followed in the completion of the project. Y.. }
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#242-642 North Andover Heights 7 ;A
39. Members of the NACC or its 'agent shall have the right to
enter upon and inspect 'the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
39. During and after work on this project, there shall be no
discharge or spillage of fuel, or other pollutants into { .
any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be
notified by the applicant within one (1) business day. No
construction 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.
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AFTER CONSTRUCTION
40. 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. This condition is issued '.
under the authority of the Town's Wetland protection Bylaw.
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41. Fertilizers utilized for landscaping and lawn care shall be '• ' --
organic and low-nitrogen content, and shall be used in
moderation. pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town's Wetland Protection Bylaw.
42. 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
loaming and seeding according to 5Cs standards. If the latter
course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
43. Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered professional Civil Engineer
certifying compliance with this Order of conditions and the
approved plans referenced herein (or approved revisions) . A
letter from a qualified wetland scientist certifying compliance
with local/state regulations is also required for the wetland
replication/restoration area. A stamped "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. This plan will include:
a. "As-Built" elevations of all drainage structures
constructed within 100 feet of any wetland. ,
b. "As-Built" elevations and grades of all
filled or altered wetland resource areas.
a. Distances from structures to wetlands.
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` y d. A line ,showing the limit of work. "Work". analudes
any disturbance -of aoils .or.vegetation.
s � { 44. The -fallowing special conditions shall -survive the issuance ;
of.a'Certificate of Compliance. f this,projecti ry
:,. 14. .Maintenance of catch basins.
fl, 99.\Discharge or spillage of. pollutants.
AO. Prohibition.of storage of fuels underground..: `
42. Limitations on the use of 'fertilizers, herbicides '
F and.pesticides. `
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Issued try North Andover conservation Commission
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5ignaturelsl.—
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This Order must be signed by a majority Of the Conservallon Commission,
jOn this s day of before me E
personally appeared '' ' ��° to me known to be the a
,person described in and who executed the foregoirip instrument and acknowledged that hershe executed 4.
the same as hislher free act and deed.
.e My commission expires
W.Myblic � �.
The aooticu,t.(havNner,arty Motion aggnoved by this Ofde4 any ownfr of land&bomg Me'VA coon wh ch ine ntopCsed work is 11)M ,-
ease.,any ten lmeidanta Or ine city or town in win ,-
iCh much land is Located,are heteoY notdied of Ina=t,pnt io Ilaufsi ine ee oanateni or , ?
Fsnronmemal Ptoteaian to issue a SuRm+medinq orGer.Prandinq the reo ilst n math by eenslied ms1 a hand Oeirvlry to the Department, f
Trantimmal Form as
Oatermmuari.ti wPil M Rn r yuul thus u the 1am�Eunf Wa►i by eeru kit mum or Mnd O&wvy to the Conservationjyj irom ins dais iCommauon {
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and the aPlttg"t.
If you wish to appeal this decision under the Town Bylaw, a complaint
must'be filed in Superior Court, }
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