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HomeMy WebLinkAbout1985-05-13 Conservation Information DEF SUB TOWN C. 7NORTH ANDOVER, MASSACHI TTS orfic5 or CONSERVATION COMMISSION ko"T1{ , •',' 0 "`fie " �y°� TELEPHONE 683--7105 ' PFK rys. y �SS�CituS�� ' PURSUANT TO THE AUTHORITY OF THE WETLANDS PROTECTION ACT, 11ASSACHUSETT5 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 HEARING ON May 13, 1987 AT 8:00 P.M. AT THE TOWN BUILDING SELECTMEN'S MEETING ROOM, 120 MAIN STREET, NORTH ANDOVER, MA ON THE NOTICE OF INTENT OF Mr. & Mrs. T o as TO ALTER LAND AT Lot 26 WINTERGREEN ESTATES (Tanszlewood FOR PURPOSES OF Construction of house, 'drivemay and sept ' Lane} i PLANS ARE AVAILABLE AT THE CONSERVATION -COMMISSION OFFICE, TOWw BUILDING, 120 MAIN STREET, NORTH ANDOVER, MA ON WEEKDAYS, FROM 8:30 to 4:30 P.M. AND BY APPOINTMENT. BY: • GUILLERMO J. VICENS CHAIRMAN, NACC RUN ONCE IN THE North Andover Citizen ON May 7, 1987 cc: PLANNING BOARD BOARD OF HEALTH PUBLIC WORKS HIGHWAY DEPT. APPLICANT ENGINEER DCQE FIRE CHIEF Bldg. , Insp. 6/ i° OE Eilo No. 2�t2 26 5 (To bo providod by DEOE) ., Commonwealth city/Town Nort-ll Andovar of Massachusetts Applicant tJirtLei �;xeen''Realt;y'' i _ >;us.t Order of Conditions zb Massachusetts Wetlands ProW`'ction Act - G.L. c. 131,.§4,0 Ind under the Town • of Nox�i �t Andovex 13y1a ,i, Chapter 3. 5 A & B Noi.tilt Andover Cori.sea:vaLi.on Couitlt:i.: s loii From To t,!'i.ni.ergreen Ront.i_t: r `I'ru.s1 ;ame (Name of Applicant) (Nay q of property owner) 865 `I'uri.il):i ke Street Address Nortl-t Andover MA 01845 Address same This Order is issued and delivered as follows; _.._ ❑ iby hand delivery to applicant or representative on (date) 0 by certified mall, return receipt requested on Mai f 7 , (date) This project is located at Winter Green Estrat es The property is recorded at the Registry of North Essex Boo 1286 Page 3 78 Certificate (if registered) The Notice of Intent for this project was filed on_ At)ri1' 2, 1.985 (date) 1985 The public hearing was closed on Apiri1 17, _._..... .� (date) . Findings r [t. . has rt viewed the above-referenced Notice of The N. nndover Coiisc3rva i.o Intent and pla arld,has held a public'hearing on the protect. Based or,,the information available to the N . cc at this time, the NAGG_ A has determined that the area on which the proposed work is to be done Is significant tra the following interests In accordance with the Presumptions of Significance set forth in the regulatlons for,each/Vna Subject to Protection Under the Act(check as appropriate); ❑ Public water supply n Storm damage prevention 0 Private water supply S Prevention of pollution' 1�3 Ground water supply ❑' Land containing ohellfieh El Flood control 0 Fisheries WINTER GREEN I;,STATES 242 -265 95. Therefore, the Nl1CG heref V finds that the following conditions are necessary, In accordance with the Performance Standards se' .ort►, 'n the regulations, to protect those inter. ' es#s checked abova.�he NACC -)rders that all worts shall be performed in accordance with said conditions and with the Notice of Intent refernncad above,To the extent that the lot., _ 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'wilh all conditions stated herein, and with all related statutes and other regulatory meal• ures, 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 an other applicable federal, state or local statutes, ordinances, b,,-luws or regulations. a. The worst authorized hereunder shall be completed within thre•i years from the date of this Order unlos3. either of the following apply: a ' (a) the work Is a maintenance dredging project,as provided fr r in the Act; or (b) the time for completion has been extended to a specified lace more than ttffee years, but less than Ilvo years, from the dalo of Issuance and both that date ;u J the special cirGusnstances warranting the extended time period are set forth In this Order. 5. This Order may oe extended by the issuing authority for r ,j o:' More periods of up'to three years each upon application to the Issuing authority at least 30 days prior to ' re expiration date of the Order. 8. Any fill used In connection with this project shall be clean fill, :o, taining no trash, refuse, rubbish or de- bris, Including but not limited to lumber„ bricks,-plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicios or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal 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 t..and�. Court for the district in which the land Is'located, within the chain of title of the affected property.In the v case of recorded land, the Final Order shall also be noted In the Registry's Grantor index under the Homo 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 Tille of the owner of the land 1. Nupon ACC which ; the proposed work Is to be done.The recording information s; all,ba.submitted ta.the on the form at the end of this Order prior to commencemeQt•of th©firyork. 9. A sign shall be displayed at the site not less than two square fe at or•more than three square feet in size bearing the words, "Massachusetts Department of Environme b'd Quailty Engineering, 1 File Number 2.42-265 10. Where the Department of Environmental Quality Engineedr,y is rf:cluested to make a determination and ; to issue a Superseding Order, the Conservation Commiss n so all b,; a party to all agency proceedings } • i and hearings before the Department, 11 . Upon completion of the work described herein,-the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. T11e work shall conform to the following plans and special conditions: ,2 ORDER OIL CONDITIONS : �erjljter. Green Estates 24-2-265 a. Notice of Intent submitted by Winter Green Realty Trust prepared by Christiansen Engineering ) ,.r.c . dated April 1 , 1985. One hundred and twenty (120) pa& s . b. Plans entitled "Definitive Subdivision "l.an of Winter Green Estates" prepared by Christiansen Engineering, Inc. dated .February 26, 1985 . Sheets'. 6 - 9. .13. Prior to any construction activity starting on this project the applicant shall complete the following items ; a. A detailed erosion and sedimentation plan including a construction schedule or sejuence shall be submitted to Lhe NACC for review acid approval_ . ; b. Ari evaluat-ion of alternatives for manag1hig Ole runoff from Area 6 shall. be srtbrrl:itted to the NACC for i.evi_ew and approval . c. A conservation restrict-ion or covenena.i over, the wetland areas in Area 2 and S shall be granted to Lhe NACC to prevent encroachi-iien.t: from future develc t>ment of houses iiii this subdivision. IA . The NACC considers this NoLi.ce of Intent a7 ,'l Order of Conditions to cover roadway, utili_ti.es and drainage fG cil.ities of this project, and does not cover the residenr ,s ' driveways , or subsurface disposal systems : Separate 'Requ, st for Determination or Notice of Intent shall be faded for work oo Lots 6, 10, 1-1 , 12 , 13, 14, 15, 23, 24 25 , and 2.6. Addit:i- nal filings may be re u3_red if the wetlands delineation shown on the plans referenced above are incorrect it:i ,deta.i.ls near house lots . 15 . Prior to any construction on the site, a double row- of staked - - hay bales shall be . placed between all construction areas and wetland areas . ' This row of Tay bales shall remain intact until all disturbed areas have been mulched, seeded and stabiliLed to prevent erosion. 16 . Upon completion of construction and grading, all areas shall be stabilized permanently against erosion. This shall be done -- - either by sodding, mulching accordinf, {�o Soil Conservation Service standards , or by loaning and seedir g'.h If the latter course is chosen,, stabilization will be cotsidered once the surface shows complete vegetative cover hay been achieved. 17 . All construction worst shall conform to the arosion control flan and construction seluence/schedule no:. ed above under condition 13. 2. .. 3 I J ORDER OF CONDITIONS : Winter Green -L s.t-ates 242-265 18 . All erosion prevention and sedimentation protection measures found necessary during construction by the North Andover Conservation Commission Will be Implemented at the 1cii_rection of Lho NACC or Highway Surveyor. 1-9 . Any changes In the su%!Ued plans , Notice of InLentf or resulting from the aforementioned conditions must be sub- mitted to the NACC .f:or approval prior. to If he NACC finds , by Ana j or _ty' vote, said changes to be significant and or deviate from the original plans , Notice of Intent or this Order of Conditions to such an extent that the interests of the Wetlands protection hit cannot be pro- tected by this Order of Conditions and wou `_d best be served by the issuance of additional. conditions , :lien the NACC will cull for another public hearing within 21 lays , at the expense ,of the applicant, in order to take tes timo. .y from all interested parties . Within 21, days of the close of s"i_d public hearing, the NACC will issue an amended or new Orde- of Conditions . 20. Any errors found in the plans or, i.nform< tion submitted by the applicant shall be considered as chan,6 aLJ procedures out- lined for changes shall be followed. 21 . The provisions of this Order shall, apply to ,and be binding upon t-he applicant, its employees , and all successors and assigns in interst or -control . 22 . In addition to the requirements of Condition No . 11 , the applicant must submit a letter, from the professional who prepared the plans , 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 area subject to the Wetlands Protection Act. b. "As-Built" elevations and grades of all filled or altered Wetland Areas , c. Distances to all structures and alterafions within 100 feet of any areas subject to the Wetlafds Protection Act. An "As-Built" topographic plan of all ar ,ar within the 'jurisdiction of the Wetlands Protection Act must be submitted when a Certificate of Compliance is rgquested. 23. Members of the NACC shall have the' right to enter upon and inspect the premises to evaluate, compliance, with. this' Order of Conditions . ORDER OF CONDITIONS : Winter Green. Estates 242w-265 24. Accepted engineering and construction star. •iards and procedures shall be followed in , the completion of the project. 25. Issuance of these conditions does not in Giy way imply or certify that the site or downstream areas MI not be subject, to flooding, storm damage, or -any other fo :m of damage due to wetness . 26. A surety performance bond or letter of credit running to the; Town of North Andover shall be provided in C.>e amount of $7,500. 00 which shall be in all respects satisfactory to Town' -Counsel and the North Andover Conservation Commission and shall be posted with the Treasurer of the Town of North Andover before commencement of work. Said" bond or letter of credit shall be conditioned on tho .completion of all Conditions hereof , shall be signed by a party or parties satisfactory -to the Conservation Commission and Town Counsel, and shall be released after issuance of a certificate of compliance, provided that provision, satisfactory to the Commission, has been made for performance of any conditions 'which are of a continuing nature . 5 N . LJ1N'1'Llt GREEN ESTATES 242-165, Issued By Conservation Commission ' ^ - , Sicgnalure(s) This Order ust b signed by a majority of the Conservation Commission. On this 7 Lh day of --MaV _1�` 3 5 , before me personally appeared to me known to be the ,.. ,person described in and who executed the foregoing Instrument and a—knc vledged that he/she executed. the same as his/her free act and deed. Notary Public My commission e,,pires The applicant, tho owner,any person aggrlevod by this Order,any owner of land abutting Ihi land upon which the proposed work Is to _ be done or any ton residents of the city or town In which such'and Is located are hereby not, led of 1hpir right to request the Department of Environmental Quality Englneerino to Issue a Superseding Order,providing the request Is nado by certified mail or hand delivery to /tie Department within ten days from the data of Issuance of this Order,A copy of the r^quor shall at the same time by sent by certified mail or hand del#vary to the Conservation Commission and the appllcant. ti Dolach on dottod line and submit to Ilia --prior to commencement of work. To................... ,............,................ .` Issuing Authority Please be advised that IN Ardor of Conditions for the projact at File Number has boon recorded at Iho Registry of and has been noted In the chain of title of the affected property in accordance with General Conr Lion 8 on t 9 If recorded land, the Instrument number which Identifies Ihls transaction is If regIslerod land, tho document number which ldontifios ibis transnotlon to 519nalure Applicant hWE Pilo NO . 242-408 j ! (To bo prov€d d by oE'OE) clty[Town No r- Commonwealth': of Massachusetts Applicant Caenina C nr��r r„r r �„ Lot #14 - Wintergreen Drive is Order of Conditions { Massachusetts Wetlands Protection Act C. 131 .§40. and" under the Town• o North Andover Bylaw, Chapter 3.5 A & B•'� From North. Andover Conservation Commiss Cagnina CQnstruction Wintergreen Realty Trust To (Name.of Applicant) (Nb no of property owner) 52 Nashua St: , Woburn, MA 865 Turnpike St. , North Andover Address Address This Order Is Issued and delivered as follows: (I by hand delivery to applicant or representative on— MI. April 2 1987 (date) Elby certified mail,return receipt requested on (date) This project Is located at Lot #14 - Wintergreen The property Is recorded at the Registry of Northern 'Essex 1850 312 . 1904 228' Plan #i0032 Boo fags 19/1 252 Certificate (if registered) The Notice of Intent for this project was filed on, Ma t C'' 4 3 -(dale) The public hearing was closed on March 18, 1987 (date) Findings The­North .Ando_ i.s-s-i.a.n has reviewed the above•refererlced Notice of' Intent and plans and has held a public'hearing on the project. Based or 'the*lnformation available to the NACC at This time,"the NArC has determined that the-area on which the proposed work is to be done is significant to the Nollowing interosts In accordance wfth ' the presumptions of Significance set forth in the regulations for•each Akla Subject to Protection Under the Act(check as appropriate); t/ Public water supply t.S�Y/Stvrm damago prevention tom' Prevention of pollution' t/ Private water supply ; Ground water supply •" ❑r1_and containing shellfish l9/ Flood'controt COY Fisheries Lot #14 Wintergreen Drive 242•- 4V6 Page 2 Therefore, the N' JC 'hereby find_ d. at the following conditions are necessary, in accordance,with the Performance Standards set forth in the regulations, to protect those Inter - orders checked above. The 1lCC — 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.,f�l•';,� lowing conditions modify or differ from the plans, spocifications'or other proposals.submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all'conditions stated herein, rind with all ralaled statutes and other regulatory meas- ures, shall be deemed cause to revoke or modify thi,Order. 2. This Order does not gryant any property rights or ony cxrlrrsive privifcgos' it does not authorize any injury to private property or invasion of private rights. 3; This Order does not relieve fife pc.rmiltee or any other person of the nocCssity of corrrplying with all other applicable fed cr'ra1, sta.to or local statutes, ordinances, by-laws or regulations, . A. The work authorized hereunder shatf lie completed within three yc,nrs from the date of this Order unless nilher of the following apply: (a) the work is a maintenance dredging.projcct as provided for In the Act; or (b) thr; time for completion has been extended to a spcciflod date more than three years, but less thar live years, fromthe date of issuanco and both that (jalo ancf iho special circumstances warranting the extended time period are set forth in this Order. 5. Thia Order Enny be extended by the issuing rtumorily for ono or rooro, periods of up trithree years each upon applical'on to the issuing authority rtt least 30 clays 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 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 the foregoing. 7,� No work shall be undertaken until all adlninistrativo appeal periods.Irom 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 alsd be noted in file 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 (Fto Land Court Coriificate of Title of the owner of the land upon which the proposed work is to b$done. The recording information shall be submitted to the on the form at the end of this Order prior to comrhencement of.the work. 9. A sign shall be displayed at the site not loss than two square feet or more than three square feet irl'slze bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number 242— 408 , 0. Where the Departrnerlt of Environmental qualify Cngineerltig Is requested to make a determination and to issue a Superseding Order, the Conservation CuinnliGGion shnlf ben party to all agency proceedings and hearings before the Department. 11, Upon complation.ot the work dascdbod horoln, the :Ipplicant ,halt forthwith request in writing that a Certificate of Compliance be issued stating th,7t the work has been satisfactorily completed.. 12. The work shall conform to the following pinns anti sprcml conditions: l Page 3 ORDER OF CONDITIONS LOT #14 -- WINTERGREEN DRIVE D.E.Q.E. #242-408 ti r 12. a}Notice of Intent of .Cagnina Construction, Woburn, MA prepared by Christiansen; Engineering, Haverhill, MA, dated March 10, 1987 and received by the NACC, March 10, 1987. b) Plan entitled "Site Plan of Land in North Andover, MA. Prepared for -Cagnina Construction".. dated March 1987, and prepared by Christiansen Engineering. . 13. In advance of any work on this project, the applicant shall notify the NACC and shall arrange an on-site conference among the NACC, the Contractor and the applicant to ensure that all of the Conditions of this Order of Conditions are understood. This Order also shall be made a part of the contractors written contract. 14. The applicant, or its successor, 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. 15. Prior to any construction on the site, a double row of staked hay bales shall be placed -as shown on the plan .referenced in Condition 12b. This barrier shall be inspected and approved. by the NACC prior to the start of construction. This row of hay bales shall reamin intact until all disturbed areas have been mulched, seeded, and stabilized to prevent erosion. r 16. The applicant shall have on hand at the start of any sgild 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 noraml control of erosion,' as described in Condition #15. 17. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done eithr by sodding, or by foaming, seeding, and mulching . according to Soil Conservation Service standards. If the latter course is chosen, stabil.izait-on will be considered once the surface shows complete vegetative coves: has been achieved. 18, After proper grading, all disturbed areas located within a resource area, except those areas designated as compensatory wetlands, shall be loomed 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 (1000) square feet, in accordance with Soil Conservation Service Guidelines. Page 4 � ORDER OF CONDITIONS LOT P14 - WINTERGREEN DRIVE Dw #242-408 19. No earthen embankment in the buffer zone shall have a slope steeper than 2: 1 . 20. All erosion prevention and sedimentation protection measures found necessary druing construction by the NACC will be implemented at the direction of the NACC. 21. - There shall be no stockpiling of soil or. other materials within twenty-five (25) feet of any resource area. 22. During and after work on this project, thereQ shall be no discharge or spillage of fuel., oil, or other pollutants into any resource area. 23. Any changes.in the •submi.tted 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 deviate from the original plans, Notice of Intent or this Order of Conditions to such an extent that the interests of tbe 'Wetlands Protection Act and Bylaw cannot be protected by this Order of 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. 24. Any errors found in the plans or inforamtion $ubinitted by the applicant shall be considered as changes, and procedures outlined above for changes shall be followed. ` 25. In conjunction with the possible. sale' of this lot, 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 and ha.s received notice under Conditidn #28 below. 26. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. 27. Accepted engineering and construction standards and procedures shall be followed in the. completion of the project. 28: The provisions of the Order shall apply to and be binding upon the applicant, its employees, and all successors and assigns in interest or control.. 29. 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. F Page 5 1 ORDER OF CONDITIONS LOT #14 WINTERGREEN DRIVE DBQC #242-408 30. A surety performance bond or letter of credit running to the Town of North Andover shall be provided in the amount of $2,000.00, which shall he in all respects satisfactory to Town Counsel and the NACC, and shall be posted with the Treasurer of the, Town of North Andover before commencement of work. Said bond or letter of credit 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. This Condition is issued under the authority of the `.['own of North Andover Wetlands Protection Bylaw. 31 . In addition to the requirements of Condition #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 area. An "As-Built" topographic plan of all areas within the J'urisdiciton of ' the Wetlands Protection Act and Bylaw shall be submitted when a Certificate of Compliance is requested. 32. No underground storage of fuel oils shall be allowed within 100 feet of a resource area. This Condition shall survive this Qrderlof Conditions, and shall run with the title of the property, 33. 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 one-hundred (100) feet of a wetland resource area. Lot ' 14 Wintergreen Page 6 D}✓QE 1f2/ Andover !I i Con'.:crvntlon Commission fssuad By_:forth A ; This Order must be signed by a mojorily of tho Conservation Commission. day of April . 1 J- 87 ��, before me 8th On this Mi(: i.ermo J. Vicens to mo known to be the personally appears person described!n pad who executed tltio foroboing Inotrurnent and acknowledged that he/she executed the same as hls/hor free act land dood. Notary Pubtic My commission exp ros The applicant,the owner,any parson apprfevod by thls ordor,nny owner of land nbuttinp lho Innd upon which the proposed work Is to be done or any tan residents of the cltyor town in which such lnnd Is tocnled wo horoby notified of their ri,ahl to raquest the peparbnent or Envkonmenial ouality Enolneertno to Issue a Suporsodino Order,providlno file request Is made by certified mail or hand delivery 10' the Department wtthln ton days from the data of lasunnco of this Ord'pr.A copy of 1110(equcst bhn11 of she same time ba sent by cortirted mart or hand detivory to the conservation commission rind 1110 nppllcnnl. r ' 1 a 'North Andover Conservation prior to commencement'01 work. Detach on dotted line and su,bmll to the ».' • 1 asMw.Y+wwwas..Iw...1.ws{w1...H.MN.NN..I..1..Ia...a.a......1.........a..a......I.ssl.................1 as..s.s.s................. ............ ........s............ r. ....l.ash.• osuino'Authority pleats be advised that the Order of Condlttona for tho prolocl at.._,. Ind >�i Number hu been(acardod Al IM NOV of has been noted In the chain of hire of the effected pr000rty In accordance with Oonernl Condition t1 on 11 recorded tend, the Instrument number which Identifles•thfa iraneaction is 1 Ik feptstect;d Inrtd,the doCut�tettlnum�at 0101dantlitoa this ltansactkon fa �DRt'CAM i r t , jr:CE File No. 242-4 (To"provided by bEOE) l_ North Andover ,; Commonwealth cityrrown ; of Massachusetts Appftant Melanson Construction Lot .#15 - Wintergreen Drive Order of Conditions Massachusetts Wetlands Protection Act G,. ,. c: zind' under the Town- of North Andovex Bylaw,- •Chapter 3.5 A & B• . From North Andover Conservation Commission To Mel-anson Construction Wintergreen Realty Trl'st (Name of Appl)cant) (NB no of property owner) 865 Turnpike Street 35. Prospect St. , Woburn, MA Address North Andover MA 0184 Address This Order is issued and delivered as follows: lid by hand delivery to applicant or representative on Aril 21,- 1987 (date) 0, by certified mail, return receipt requested on (date) This project is located at Lot #15 - Wintergreen Drive The property is recorded at the Registry of Northern Essex 1850 312 Plan #10032 Soo 1904 page 228 Certificate (if registered) The Notice of intent for this project was filed on March 10, 1987 (date) The public hearing was closed on March 18 1987 (date) Findings The North Andover Conservation Commission has reviewed the above•referenced Notice of Intent and plans and has held a public'hearing on the project, based or the'information available to the NACC at this time, the N A C C has determined that IN tares on which the propoa0d wont Is to be done is algnlflcant to the IVIowing Interests In accordance with the Presumptions of Significance set forth in the regulations for,each Ak,a Subject to Protection Under the ; Act (check as appropriate): ,r L f ubiic water supply Cad torm damage prevbntlon rivate water supply Prevention of pollullon' ' ; s CI Land co.ntalning shellfish !: Ground water supply Fhbd:control! ! Fisheries ,, f rage Z ;cur. 409 Lot 1-5 Wintergreen DrJ­, Therefore, the N' lC 'hereby find) ,oat the following conditions are s in accordance,with the Performance Standards set forth in the regulations, to protect those inter- necessary,esls checked above. The 11.CC orders that all work shall be performad in rsccordance wilt)said conditions And with the Notice of intent referenced above, To the extent that the,fol�%" lowing conditions modify or differ from the plans, spacifications'or other proposals submitted with the Notice of intent, the conditions shall control. General Conditions 1 . Failuro to comply will)all'condiltons staled herein, and with all related statutes and other regulatory meal- ures, shall be deemed cause to revolve or modify this Order. ?_, This Order does not grant any property rights or riny exrliisivc privilrrdes� it does not authorize any injury to private properly or invasion of private rights, 3; This Order does not relieve Ilia permiilee or any other person of the necessity of complying with all other npplicablc fedcMI, slate or local stalrites, ordlivirices, by-laws or regulations. 4. The work authorized hereunder shall be completed williin three years from the date of this Order unless either of the following apply: (a) II)e work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified dote more than three years, but less that live years, from the date of Issuance and both thsit dr►tr, anti the special circumstances warranting the extended time period arc) set forth in this Order. a, 7hl;, Order Imly be extended by the issuing authority toe ono or more periods of up Ir;6three years each upon application to the Issuing authorily nt.least 30 days prior to the expiration date of the Order. G. Any-fill used in connection with this project ,;l alt be clean fill, containing 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 ilia foregoing. 7, No work shall be undertaken until all administrativa appeal poriodsRom.1his Order have elapsed or, if such an appeal has been filed, until all proceedings before the 0cpartmant have been completed. t3. No work shall be undertaken until ilia Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which tile land is located, within ilia chain of title of the affected property. in the case of recorded land, the Final Order shall also be noted in tho negistry's Grphtor index under the name of the owner of the land upon which the proposed worm Is to be done. In the case of registered land, the Final Order shall also be noted on the.l..and Court Certificate of Title of the owner of the land upon which the proposed,work.is.to be done. The recordlog.information shall be submitted to the NACC on the format the end of this Order prior to commencement of the work. 9. A sign shall be displayod.at the site not loss than two squaro feet or more than three square fect•in size r bearing the words, "Massachusetts Department of Environmental Quality Engineering, Fite Number 242- .409 . 10, Where the neparlmofit of Environmental Quality Engin©ering Is roquested to make a dalermination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department, 11 , U cornon lotion of tho work described heroin, tho ipplicr<11t &hall forthwith request in writing that a p P � Certificate of Compliance be issued staling that the work has been salisfactorily completed. 12. The work shall conform to l6)e follovrincj plans dlc1 spr ci7C conditions: r .2 _ Page 3 ORDER OF CONDITIONS Lot 15 Wintergreen Drive DEQE #242-409 1.2,a. Notice of Intewnt of Melanson Construction, Woburn, MA, prepared by Christiansen Engineering, Haverhill, MA, dated March 10,. 1987 and received by the NACC March 1.0, 1987. 12b. Plan entitled "Site Plan of Lnad in North Andover, MA, prepared for.Melanson Construction", dated March, 1987 and prepared by Christiansen Engineering. 13. In advance of any work on this project, the applicant shall notify the NACC and shall arrange an on-site conference among the NACC, the. Contractor and the applicant to ensure that all of the Conditions of this Order of Conditions are understood. This Order also shall be made a part of the contractor's written contract. 14. 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 Co ensure compliance with this Order. 15. Prior to any construction on the site, a double row of staked hay bales shall be placed as shown on the plan referenced in Condition 12b. This barrier shall be inspected and approved by the NACC prior to the start of construction. This row of hay bales shall reamin intact until all disturbed areas have been mulched, seeded, and stabilized to prevent erosion. 16. 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 Condition #15. 17. 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 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. 18. After prier grading, all disturbed areas located within a resource area, except those areas designated as compensatory wetlands, 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 tee,t.,to pll 6.5. In addition, 10-6=4 fertilizer, or its .,equivalent, shall be applied at a rate of fifteen (15) pounds per one thousand (1000). aquare feet, in accordance with Soil Conservation Service Guidelines. Page 4 ORDER OF .CONDITIONS LOT 15 -- WINTERGREEN DRIVE DEAR #242-409 • 1'f 19. No earthen embankment in the buffer zone shall have a slope steeper than 2: 1. 20. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC'will be implemented at the direction of the NACC. 21. There shall be no stockpiling of soil or other materials within twenty= five (25) feet of any resource area. 22. During and after work on this project, there shall be no discharge or spillage of fuel, oil, or other pollutants into any resource area. 23. ' 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 dhanges to be significant and/or deviate from the original plans, Notide of Intent or this Order of Conditions to such an extent that the interests of the Wetlands Protection Act and Bylaw cannot be protected by this Order of 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. 24. Any errors found in the plans or information submitted by the applicant shall be considered as changes, and procedures outlined above for changes shall be followed. 25 In conjunction with the possible sale of this lot, 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 and has received notice under Condition #28 below. 26. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. 27. Accepted engineering and construction standards and procedures" shall be followed in the completion of the project. 28. The provisions of the Order shall apply to and be .binding upon the applicant, its employees, and all successors and assigns in interest or control. 29. Issuance of these conditions does not in any way imply or ceritQ that the.sitd or downstream areas will 'not be subject to flooding, storm damage, or any otl�er £oim of. damage: due to wetness, Page 5 ORDER OF CONDITIONS Lot 15 - WINTERGREEN DRIVE D'EQE #242-409 30. A surety ;performance bond or letter of credit running to the Town of North Andover shall be provided in the amount of $2,000.00, which shall be in all respects satiifactory to Town Counsel and the NACC, and shall be posted with the Treasurer of the Town of North Andover before commencement of work. Said bond or letter of credit shall. be signed by a .party or parries satisfactory to the NACC, has been made for performance of any Conditions which are of a continuing nature. This Condition is issued under the authority of the Town of -North- Andover Wetlands Protection Bylaw. 31 . in addition to the requirements of Condition #11, the applicant shall submit a letter to the NACC from a registered professional engineer certifying compliance with this Order of Conditions,' Said letter shall certify, but not be limited to the following: a. "A's-Built" elevations of all drainage ways constructed within 100 feet of any wetland resource area. ' b. "As-Built" elevations and the grades of all filled or altered wetland resource area. C. Distances to all. structures and alterations within 100 feet of any wetland resource area. An "As-Built" topographic plan of all areas within the jurisdiciton of the Wetlands Protection Act and Bylaw shall be submitted when a Certificate of Compliance is requested. 32. No underground storage of fuel oils hhall be allowed on this lot. This Condition shall survive this Order. of Conditions, and shall run with the title of the property. r 33. 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 sub- division within one hundred (100) feet of a wetland resource area. LbPs 15 Wintergreen Drive D #242—409 Issued By North Andover Conservation Commisslon Signature(s) This Order must be'signed by a majority of the Conservation Commission. On this dth day of April 19 87 , before me personally appeared Guillermo J. Vicens , to me known to be the person described in and who executed the foregoing Instrument and acknowledged that he/she executed thysLim as hls/her free act and deed. Notary Public My commission exp res The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work Is to be done or any ten residents of the city or town in which such land Is located are hereby notified of their right to request the Department of Environmental Quality Engineering to Issue a Superbeding Order,providing the request Is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this order,A copy of the tequest shall at the same time be sent by cerliCed mail or hand delivery to the Conservation Commission And the applicant, • ti Detach on dotted line and submit to the North Andover Conservation Comm prior to commencement of work. ........................ ....................................,.............................................................................................................................,................. To Issuing'Authority Ploase be advlaed that the Order of Condlilona for the project tit -- File Number has been recorded at the Registry of and has bean noted in the chain of title of the affected property In accordance with General Condition eon If recorded land, the Instrument number which'Identifies this transaction is ' It registered land,the document number which Identifies this transacllort�ls i Signature Applicant ' r .230E File No. 242- 410 ((To be providod oEOE} f, s Commonwealth citylTown North Andover � of Massachusetts Applicant Bill Fallon ~ LOt 12, Wintergreen Drive Order of Conditions Massachusetts Wetlands Protection Act G.L. c: J 31 y §40 and under the Town- of North Andover Bylaw, Chapter 3 , 5 A & B From NORTH ANDOVER CONSERVATION COMMISSION . Bill Fallon, Same To (Name of Applicant) (Nd ne of property owner) 537, Wellman Avenue, Chelmslord,MA Address Same Address , This Order Is Issued and delivered as follows: by hand delivery to applicant or representative on � (d ate) C by certifled mail, return receipt requested on (dale) This project Is located a The property is recorded at the,Registry of Northern` Essex Boo 1850 page 312 r Certificate (if registered) The Notice of Intent for this project was filed on March 4, 1987 (date) The public hearing was closed on March 18, 1987 (date) Findings The North Andover Conservat i op Commission_ ._ has re%dewed the above-referenced Notice of Intent and plans and has held a public'hearing on the project. Based of 'the'lnformation available to the NACC at this brie, the NAC.C . has determined that the area on which the proposed work Is to be done Is significant tv thoftlowing 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), ID/Public water supply ,131//Storm damage prt-vention Private water supply Prevention of pollution' L�Ground water supply. 0' Land containing shellfish Flood control, l� Fisheries 4 -4L^ 410 Lot 12 Wintergreen ➢r{ve PAge 2 Therefore, the N._ tC heret3y tinder t1at the following conditions are necessary, in accordance,with the Performance Standards set forth in the regulations, to protect those inter• ests checked above. The 11GC -.—orders that all work shall be performed in accordance wilh'said conditions and with the Notice of Intent roferenced above. To the extent that the fol.'' lowing conditions modify or differ,lrom the plans, spocifications'or other proposals submitted with the Notice of Inlent, the conditions shall control. 'General C.onditlons 1 . Failure to comply with all'co(idilions slated herein, and wilh:all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or'wodify Ifafr,Order. , 2, This Order does riot grant any property rights or nay exclusive privileges' it does not authorize any injury 10 private property or invasion of private tights. 3; This Order does not retievp the permitlee or any other person of the necessity of complying with all other npplical)lc feddeal, state or local.stralute s, ordinances, by-laws or regulations. 4. The work aulhorized hereunder shall be completed wilhin three ye,nrs from the dxnlo of this Order unless eilher of the following apply: (a) the work is a maintenance dredging project as provided for In the Act; or (b) the limr; for completion has been extended to a specified dale more than three years, brat less Char live years, from the date of f ssuonce rand bolls Ill at date and lho special circumstances warranting the ex,onded lirne period are sot forth in this Order. 5, 'This Order ,nny be extended by the Issuing rauthorfty for ono or rnorr, perlods of up Ir;Lthree years each upon application to the Issuing authority rat least 30 days,prior to the expiration date of the Order. G. Any fill used in connection with this project shall be clean fill, containing 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 the foregoing. 7 f • No work shall be undertaken until all administrative appeal periods.f rom.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 bo 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 comrnericement of the work. 9. A sign shall be displayed at the site not toss than two square foot or more than three square feet-in size bearing the words, "Massachusetts Department of twn,virorimental Quality Engineering, File Number 242- r t 0. Wharo lne Department of environmental Ounlity Cnolneadna Is roqueslod to make a delorminallon and to issue a Superseding Order, the Conservation Commission shall be r1 party to all agency proceedings and hearings before the Department. 11 , Upon completion of the work doscribed herein, the ,ipplicranl shall forthwith request in.wfiting that a Certificate of Compliance be issued staling that the work h:s been satisfactorily completed. a 12 The work shall conform to the following plans ;arid :prcinl conditions: i ^ r Page 3 ORDER OF CONDITIONS Lot 12 Wintergreen Drive DEQE -11242-410 f 12. a. Notice of intnet submitted by Bill Fallon, 537 Wellman Ave. , Chelmsford, MA, prepared by .Christiansen Engineering, Haverhill MA. , dated March 4, 1987 and received by the NACC -- March 4, 1987 . b. Plan entitled "Subsurface Disposal. System", Lot 12, dated Sept. 9, 1986 and prepared by Christiansen Engineering. 13. In advance of any work on this project, the. applicant shall notify the NACC and shall arrange an on--site conference among the NACC, the Contractor and the Applicant to ensure that all of the Conditions of this Order of Conditions are understood. This Order also shall be made a part of the contractor's written contract. 14. 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. 15. Prior to any construction on the site, a double row of staked hay bales shall 'be placed as shown on the plan referenced in Condition 12b. This barrier shall be-,inspected and approved by the NACC prior to the start of construction. This row of hay bales shall remain intact until all disturbed areas have been mulched, seeded, and stabilized to prevent erosion. 16. 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 Condition #16. - 17 . 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 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. 18. After proper grading, all disturbed areas located within a' resource area, except those areas designated as compensatory wetlands, shall be loamed and seeded with not less than .tour (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 i fifteen (15) pounds per one thousand (1000 square feet, in accordance uidelines. with SOil Consdervation Service G t Page 4 i ORDER OF CONDITIONS Lot 12 Wintergreen Drive DRQE #242-41.0 19. No earthen embankment in the buffer zone shall have a slope steeper than 2: 1 . 20. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be implemented at the direction of the NACC. 21 . 'there shall be no stockpiling of soil, or other materials within twpnty-f.ive (25) feet of any resource area. 22 . During and after work on this project, there shall be no discharge or spillage of fuel; oil, or other pollutants into any resource area. 23. 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 deviate from the original plans, Notice of Intent or this Order of Conditions to such an extent that the interests of the Wetlands protection Act' and Bylaw cannot be protected by this Order of Conditions, then the NACC will .eall 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 pubic hearing, the NACC will issue an amended or new-Order o'f Conditions. 24. Any errors found in the plans or information submitted by the applicant shall be considered as changes, and procedures outlined above for changes shall be followed. 25. In conjunction with the possible sale of this lot, the applicant shall submit to the NACC a signed statement by the buyer that he is aware of an outstanding Order of' Conditi.ons on the development and has received notice under Condition #28 below. 26. Members of the NACC shall have the right to enter upon and inspect the premises 'to evaluate compliance with this Order of Conditions. 27 . Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 28. The provisions of the Order shall apply to and be binding upon the appl..i.cant; its employees, and all .successors and assigns in interest or control. 29. lssuance- 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. Page 5 } . a ORDER OF CONDITIONS LOT 12 ;WINTGRGREEN DRIVE DEQE #242-410 30. A surety performance bond or letter of credit running to the Town of North Andover shall be provided in the amount 'of $2,000.00 which shall be in all respects satisfactory to Town Counsel, 'and the NACC, and shall be posted with the Treasurer of the. Town of North Andover before commencement of work, Said bond or letter of credit 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. This Condition is issued under the authority of the Town of North Andover Wetlands Protection Law." 31 . In addition to the requirements of Condition #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 fett 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 area. An "As-Built" topographic plan of all areas within the jurisdiciton of the Wetlands Protection Act and Bylaw shall be submitted when a Certificate of Compliance is requested. 32. No underground storage of fuel oils shall be allowed within 100 feet of a resource area. This Condition shall survive this Order of Conditions, and shall run with the title of the property. 33. rertili2ers 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 sub- division. within �'one hundred (100) feet of a wetland resource area. Lot 12, Wintergreen Drive DE #242- 410 Page 6 r North Andover Conservation Coinmission Conservation Commission lssued By Slpnature(s) This Order must-be-signed bj a majority of the Conservation Commission. On this 8eh day of April 1�. 87 , before mo personally appeared , to mo knoWn to bo the person described In and who executed the foregoing Instrument and acknowledged that he/she executed tho sla a ss his/hor froo Act and deed. Lx�l le N tary Public My commission expir s � . 'Cho applicant,the owner,any person aggrlevod by this Order,any owner of land abutting tho land upon which the proposed work Is to be done or any Ian residents of the city or town In which such land Is located are hereby notified of their right to request the Department of Environmental Quality Engineering to Issue a Superseding Order,provldino tho roquost Is made by certified mail or hand delivery to` the Department within Ion days from the data of Issuance of this Order,A copy of the tegvast shall at the same time be sent by certified mall or hand delivery to the Conservation Commission and the applicant. If you wish to appeal ttiis decision ubder the Town By Law, a complaint must be .filed in -Superior Court. Detatth an lotted line and submit io the ., prior to commencement ofi work. »,..«..«»...,... ......»...................................................................................................................................................................... Ti- 'Issuing Authority Please be advlsed that the Order of Condillona for the project aL_ and File Number hall been recorded at the Fieglftlry of has been notod In the chain of litie of the affected property In accordance with General Condition 9 on 11 r+corded land, the Instrument number which Identifies this transectlon la II registered land,the document number which identities this iransactlon Is AppIigant. t ' Qrl$ttlf e r. . A - r DME'File No. (!242-434 tTo bo provided by OEOEI North And T Commonwealth Cuy/7own - of Massachusetts AApplicantWinter reen RealtyTrust ', • -- - Order of Conditions Massachusetts Wetlands Protection Act G _ c. 131 , §40 and under the `Town- oi" Nortti Andover3y1 Bylaw, Chapter 3. 5 A & from_ North Andover Conservation CntnmJ_qC!iQn To Wintergreen Realty Trust _ s�me (Name of Applicant) (Na ne of properly owner) 865 Turnpike Street North Andover, MA 01845 Address Game _-.- Address This Order Is Issued and delivered as follows: 0 Jby hand delivery to applicant or representative on (date) i$i by certified mall, return receipt requested on December (date) This project Is located at Lot 25 Tan lewood Dane The property is recorded at the Registry of North Essex r Boo rage_ 350 Certificate (if registered) The Notice of Intent for this project was filed all September 22, 1.987 (date) ' r The public hearing was closed ail October 21, 1987 (date) Findings The NACC has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the protect. 8as'ed or 'the information available to the NACC at this time, the NACC has determined that . the area on which the proposed work Is to be dons Is significant to tht}fbIlowing Interests In accordance with the presumptions of Significance set forth in the regulations for each Area Subject to Protectloct Under the Act(check as appropriate); (W Public water supply Storm damage prbvention ® Privat© watet supply b Prevention of pollution' 9 Ground water supply ❑• land containing shellfish 0t lvod contrat El Fisheries Therefore, the NAC(_ hereby finals that the following conditions are necessary, In accordance,wilh the Performance Standards set forth in the regulations, to protect those inter. r ,esis checked above. The ACC orders trial all work shall be performed , in accordance with said conditions and with ilia Notice of Intent referenced above, To the exlenl that Ilia for•', lowing conditions modify or differ from the plans, specificalions'or other proposals submitted with the Notice of Inlent, the conditions shall control. General Conditions 1 . Failure to comply will all'condilions slated herein, and with all related statutes and olher regulatory mess- ures, shall be deemed cause to revoke or modify 1hi, Order. 2. This Order does riot grant any properly rights or tiny exclusive privileges' 11 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 the necessity of complying with all other applicable fcdCdaf, stale or local slalules, ordimince s, by-laws or regulations'. 4. The work aulhorizod hereunder shall be completed willain Ihree years from the date of this Orderunfess raither of Ilia following apply: (a) the work is a maintenance dredging project :as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less Thar ' five years, from the date of Issunncc and both lhral date and the special circumstances warranting Ilia extended time period are-set forth In this Order. 5, This Order way be extended by the fsscuinrf authority for cane or roorr; periods of up lr;lhree years each upon application to the Issuin47 authority rit least 30 drays prior to the expiration date of the Order. G, Any fill used in connection with this project shall be clean fill, containilag no (rash, 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 zany of the foregoing. 7, • No work shall be undertaken until alf adminislralive appear perlods.flom,llais Order have elapsed or, if such an appeal has been fifed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded In the necdisiry of Deeds or the t_.and Court for the district in which the land is located, within llae chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in iho 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 Ilia Land Court Codificate 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 conubencement of the work. 9. A sign shall.be displayed at the site,not IOSS tho'n two square feet or more than three square feet in'sizo bearing the words, "Massachusetts Department of Environmental Gualily Engineering, File Number 242— 434 , 10, Where the Deparlrrne6t of Cnvfronmental Qualily Lnrglnnerlrig Is requested to make a delerminallon and to issue a Superseding Order, tho Consorvallon Commission shall be a party to all agency proceedings and hearings before the department. 11 . Upon completion of tho work doscribed herein, the appAcant shall forthwith request in writing that a Certificate of Compliance be.Issued statrncd that the work has been salislactorily completed, 12. The worst shall conform to ll'ie following pinns ;and swici,al conditions: 1 1 i i I ORDER OF CONDITIONS: LOT 25 TANGLEWOOD LANE 242-434 Subsurface DisposalSystem for Wintergreen Realty Trust for Christiansen Engineering, Inc. dated 10/14/87, revised 10/14/87. Scale V 40' . Notice of Intent dated 9-4-87 received 9--20-87, 9 pages. 13. The following wetland resource areas are affected by the proposed work: 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 wildlife and recreation interests of the Bylaw. The applicant has not attempted to overcome the significance of these resource areas to the identified interests. 14. The NACC agrees with the applicant's delineation of the wetland resource areas at the site. 15. 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. 16. 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. 17. 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 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. The first of these reports shall include specific dates (by month) for each major item in the construction schedule) . 18. 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 area have been mulched, seeded, and stabilized to prevent erosion. 19. 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 or erosion, as described in the hay bale barrier described in Condition no. 12a. - 3 - ORDER OF CONDITIONS: LOT 25 TANGLBWOOD LANE 242-434 20. 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 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. 21. After proper grading, all distrubed 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. 22. 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. 23. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be implemented at the direction of the NACC. 24. There shall be no stockpiling of soil or other materials within 25 feet of any resource area. 25. During and after work on this project, there shall be no discharge or spillage of fuel, oil, or other pollutants into any resource area. 26. 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 Wetlands Protection Act and Bylaw cannot be protected by this Order of Conditions and would best be served by the issuance of additional con- ditions, 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 prtries. Within 21 days of the close of said public hearing, the NACC will issue an amended or new Order of Conditions. 27. Any errors found in the plans or information submitted by the applicant shall be considered as changes,and procedures outlined above for changes shall be followed. 28. In conjunction with the sale of this lot with a resource area, the applicant shall submit to the NACC signed statement by the buyer that he is aware of an outstanding Order of Conditions an the development and has received notice under Condition No.33 below. 4 - 1 ORDER OF CONDITINS: LOT 25 TANCLEWOOD LANE 242-434 29. 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. 30. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. 31. Accepted engineering and constructicn standards and procedures shall be followed in the completion of the project. 32. Prior to the issuance of a Certificate of Compliance, the applicant shall subnmit 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. 33. 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. 34. 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 from of damage due to wetness. 35. A proper bond or a deposit of money or negotialbe securities running to the Town of North Andover shall be provided in the amount of $2000.00 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 hbrth Andover before commencement or 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. This condition is issued under the authority of the Town of North Andover Wetlands Protection Bylaw. 36. This Order of Conditions is issued in addition to those issued under file no. 242--265. 37. No underground storage of fuel oils shall be allowed on this lot. This condition shall survive this Order of Conditions, and shall run with the title of the property. 38. fertilizers utilized for landscaping and lawn care shall be of the low nitrogen contect 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. 5 �,ot 25 Tanglewood 242-434 Issued By N6I TH Conservation Commission Sf refs} C_.c_- _ 7) T This Order must be signed by a moJdrlly of the Conservation Corninlsslon. . On this _ � — day of XfZ6Z222Z4k4 — 9�.- , before ma personally appeared, - . to me known to be the person described hand who executed the foregoing instrument and acknowledged thgt he/stye executed the same as hls/her free act and deed. N tary Public My commission expire f The applicant,the owner,any person aggrieved by this order,any owner of land abutting the land upon which the proposed work is to be done or any ton residents of the city or town In which such land Is located are hereby Willed of their right to request tiro aepar-tment of Envlmnmental Quality Engineering to Issue a Superseding Ordar,providing Iho request is made by certified mail or hand delivery Id, the oepartment within ton days from the ditto of Issuance of this Order.A copy of the request shall at lite same lima be sent by certified man or hand delivery to the Cortservalfon Commission and the applicant. If you wish to appeal this decision ubder the Town By Law, a complaint must be filed in 'Superior Court. r delech on dotted tine and submit to the prier to commencement of rrerk. 1 ,u/...1/NNNN1..Nw.f//.NrNNNM,..NN,N/ININNM.NNNN.rrIN.N..........N....rN.Ir...N.NrN.....N.NNrN.......eNN.N..........Nr.....................I...NN............NN I...... 'Issutng'Aulhority Please be advised that the Order of Conditions for tha projoct.a t. File Number.. has been recorded at the Reoiolry of and has been noted in the chain of title of the affected property In accordance with Goneral Condition 8 on If recorded land, the Instrument number which Identifies this transaction IN it registered tend,the docurpent number which ldentilios this transaction Is r Applicant. Slgndtura — 6 — I3r_]E'Fil"No, .VA 242�43 I ' (To bo ptovido by bEOE) ' North Andav r.j' GilylTown Commonwealth of Massachusetts �. Wintergreen Real Applicant Trust ti Order of Conditions. Massachusetts Wetlands Protection Act G.L. C. 131 , §49 and under the town - of North Andover Bylaw, Chapter 3 . 5 A & B From North Andover C same To fjntprgrepti Realty `i'ri3:G_L- — (Name of Applicant) (W no of property oWn.er) 865 Turnpike Street - Address Nor th A Address- This Order is Issued and delivered as follows: t D by hand delivery to applicant or representative on (date) ® by certified mail, return receipt requested on // (date) This project is located ai Lot 1.3 'ntergreen Drive - The property is recorded at the Registry of A Book 1.377 sage 35{) Certificate(if registered) The Notice of Intent for this project was filed on 0c.tober 2•, 1.987 (date) The public hearing was closed on October 21, 1.98 7 (date) Findings The NACC has re iiewed the above-referenced Notice of Intent and plans and has held a public•hearing on the project. Based or 'the'information available to the NACC at this time, the NACC• has determined that . the area on which the proposed work Is to be dono 1s signif(cant to tho l,ollowing Interests In accordance with the Presumptions of Significance set forth In the regulations for,each Amm Subject to Protection Under the Act(check as appropriate); W Public water supply 19, Starm damage prevention 0 Private water supply R) Prevention of pollution' Ground water supply D Land containing shellfish ® Flood control El Flstlerles NACG } ° Therefore, the hereby finch;, Ihat the following conditions aro necessary, in accordance,with the Performance Standards set forth in the regulallons, to protect those inter• .ests chocked above. Tho NAC( orders that all work shall be performed in accordance with said conditions and Willi the Notice of Intent referenced above. To the extent that the fol,`; lowing conditions modify or differ from Ilia plans, specifications'or other proposals submitted with the Notice of intent, the conditions shall control, General Conditions „ 1. Failure to comply with all'condiilons staled herein, and willi<all rc lalod slalules and other regulatory meas- ures, shall be declined cause to revoke or anadify this; Order. 2. This Order does nol gr;anl any properly rights or any cxcluslve privileges' it does not authorize any injury to private property or invasion of private righls. 3; This Order does not relieve the permilteo or any other person of Ilia necessity of complying with all .other applicable feddeM, slate or local statarlcs, ordinrances, by-laws or regulalions. 4. The work aulhorizec hereunder shall be completed within three years from the mate of this Order urafess (311her of Ilia following apply: ' (a) the work is a maintenance dredcging.project as provided for In the Act; or (b) the time for completion has been extended too specified dale more than three years, but less Thar ' live years, from the date of Issuance and both Hint dote and the special circumstances warranting the extended time period are-sot forth In this.Order. 5. . This Ofdor array be extended by Ilia issuing nuthorily fur ono, or rfaorr; periods of up trzthree years each upon application to ilia Issuing authority at least 30 days prior to the expiration date of ilia Order. 6. Any fill used in connection with this project shalf be clean fill, containing 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 the foregoing. 7, . No work shall be undertaken unlit all administrative appeal periods.f(om.tl)is Order have elapsed or, if such an appeal has been filed, until ail proceedings before the Department have been completed. 8. No work shall be undertaken until Ilia Final Order has been recorded in the Registry of Deeds or the Land Couri.for the district In which Ilia land is located, within the chain of title of the affected property, In Ilia case of recorded land, the Final Order shall also be noted in tine Registry's Grantor index under the name of the owner of the land upon which tine proposed work Is to be done. In the case of registered land, Ilia Final Order shall also be noted on the Land Couri Ceftificate of Title of the owner of file land upon which the proposed work is,to be done. The recording information shall be submitted to lho NACC 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 Iwo square feet or more than three square feet in'siza bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number 242- 438 , 10. Where Ine Department of l~nvlronmental Qualily Lncglnf~erinaj Is requested to make a determhalion and to issue a Superseding Order, Ilia C.onservallon Coinrnission shall be a party to call agency proceedings a and hearings before the department. 1 1 , Upon completion of thv work doscribed horeira, Ilia Ipplicsint shalt forthwith request in Writing that a Certificate of Compliance be.issuad stating that Ilia work has been satisfactorily completed. 12. Thu work shall conform to the following plans and s pecinl condiflons; Page 3 Order of Conditions Trot 13 - Wintergreen Drive DEQE #242--438 12. The work shall conform to the following plans and additional conditions: Notice of Inent submitted by Christiansen & Sergi Inc. , for Wintergreen Realty Trust, dated Oct. 1 , 1987, received Oct. 2, 1987. Plan entitled "Site Plan of Land in North Andover, MA" prepared by Christiansen & Sergi Inc. , for Wintergreen Realty 'Trust Dated Sept. 22, 1987 Scale 1"= 20' Revised Oct. 27, 1987 13. The following wetland resource areas are affected by the proposed work: land subject to flooding (bordering land) 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 wildlife and recreation interests of the Bylaw. The applicant has not attempted to overcome the significance of these resource areas to the identified interests. 14. The NACC agrees with the applicant's delineation of the wetland resource areas at the site. 15. 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. 16. 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. 17. 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 months detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. 18. 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 filgter fabric shall remain intact until all disturbed areas have been mulched, seeded, and stabilized to prevent erosion. 19. The appl4cAnt 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 No. 18. Page 4 Order of Conditions Lot 13 - Wintergreen Drive DEQE #242-438 20. 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 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 covori, has been achieved. 21 . No earthen embankment in the buffer zone skull have a slope steeper than 2: 1. Any 'slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 22. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be implemented at the direction of the NACC. 23. There shall be no stockpiling of soil or other materials within 25 feet of any resource area. 24. During and after work on this project, there shall be no discharge or spillage of fuel, oil, or other pollutants into any resource area. 25. 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 Conditons to such an extent that the interests of the Wetlands Protection 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. 26. Any errors found in the plans or information submitted by the applicant shall be considered as changes, and procedures outlined above for changes shall be followed. 27. In conjunction with the sale of any lot with a resource area, the applicant shall submit to the NACC a signed statement by the buyer that he is aware of an outstanding Order of Conditons on the development and has received notice under Condition No. 32 below. 28. 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. n 1 � Page 5 Order of Conditons Lt 13 - Wintergreen Drive DEQE #242-438 i 29. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditons. 30. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 31. 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. 32 The provisions of this order shall apply to and be binding upon the applicant, its employees, and all. successors and assigns in interests or contj'ol. 33. 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. 34. 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 $2,000.00, 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. This Condition is issued under the authority of the Town of North Andover Wetlands Protection Bylaw. 35. This Order of Conditions is issued in addition to those issued under File No. 242-265. 36. 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. 37. 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. 38. No underground storage of fuel oils shall be allowed on this lot. This Condition shall survive this Order of Conditions, and shall run with the title of the property. 39. 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. I lot 13 atergreen Lane Issued By North Andover Conservation Cornrt�isslon Signature This Order must bo signed by tt majority of the Conservation Commission, On this 4th day of November before me personally appearec#�sack , to me kno�7n to be the person described In and who executed the foregoing Instrument and acknowledged th.1t he/she executed the some as his/her free act and deed. 41 ?ot!ary Public My commission expires f The applicant,the owner,any person apgrlovod by ltils order,tiny owner of land abutlinq Iha land upon which the vroposed work Is to be done or any Ion residents of the city or town In which such land Is tocnted ar o Iroroby not Ili ed of I it,lr Outfit to roquasI Iho VOPUtment at Environmental Qualityngineerinp to Issue a Suporseding Order,providing the requost Is made by certified mail or hand delivery td' the Department within ton days from Ilia date of Issuance of this Ordor.A copy of Iho Eequost shall at Use sarno time be sent by certified man or hand dellvory to the Conservation Commission and the applicant, If you wish to appeal this decision ubder the Town By Law, a complaint must be filed in -Superior Court, I Detach on dotted line and submit to the prior to commencement oti work. ►..HH.MM.•..w........i1...........................6./..........................................................................................................r.r.....................I.................... Issuing Authofily Please be adylsed that the Order of Conditions for the proloct.a File Number- has been recorded al the 1111e010try of end has been noted In the chain of title pf the effected properly In accordanco with OOneral Condition 8 on , Iu , If recorded land, the Instrument number which Identifies this IrartaecllOn Ia it registered land,the document number which Identifies Ihls trangnctlon la Applicant. Slgndturo 'l