HomeMy WebLinkAbout04-10-1987 Conservation Order of Conditions DEF SUB _bME File No. 242-392
(To be provided by cL.:t) ,
-4 CitylTown Nnrt h e-ndcwar ; t
i 1=� Commonwealth
of Massachusetts::
�,, i 1 Applicant._I3.OLk3r Rrpn]r Raal>:3* •
Trust
¢¢� Order of Conditions
Massachusetts Wetlands Protection Act
G.JL. c. 131,.§40
and• under the Town- of North Andover Bylaw, Chapter 3.5 A & B
From North Andover Conservation
To Rocky Brook Realtv Trust
(Name of Applicant) (Na ne of property owner)
r
c/o Peter Breen 770 Boxford Street
Address c//b Peter -Breen 770 Boxford Sr_reetAddress art Andover, MA, 01845
North Andover, MA. - 01845
This Order is issued and delivered as follows:
U Iby hand delivery to applicant or representative on (date)
t by certified mail, return receipt requested on (date)
This project is located at Rocky Brook Estates, off Forest StrPPr -
The property is recorded at the Registry of E,.se Nnrt-h
Book _2_0r — Page22 7,228,229
Certificate (if registered)
The Notice of Intent for this project was filed on February 6. 198.7 (date)
The public hearing was closed on March 18 1987 (date)
Findings
• The
NACC has reviewed the above-referenced 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 NACC has determined that
the area on which the proposed work is to be done is significant to tho►bIlowing Interests In accordance with
the Presumptions of Significance set forth in the regulations for each Avela Subject to Protection Under the
Act(check as appropriate):
Q Public water supply Or Storm damage prt:vention
® Private water.supply IM Prevention of pollution
in Ground water supply
O' Land'containing shellfish
' Flood control M Fisheries,
1
242-,3 �
,r
NACC hereby lincfs that the following conditions are
Therefore. the '
ance Standards set forth in the regulations, to protect those inter-
necessary, in accordance,with the Perform
ests checked above. The Nnr'r orders that all work shall be performed, ;
I
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol• rl
lowing conditions modify or differ from the plans, specifications'or other proposals submitted with the Notice
:a
{ ` of.inlent, the conditions shall control.
' General Conditions
1. r..alluro to comply with all'condilions slaled'horuin, sand with till related statutes and other regulatory meas-
I e to revoke or modify mi,Order.
ures,shall be deemed caus
2. This Order does not grant any property rights or tiny exclusive privileges: it does not authorize any injury
r>, ' 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 all
` other applicable fedefal, state or local statutes, ordinances, by laws or regulations.
�4. The work authorized hereunder shall be compietecf within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging.project , s provided for in the Act; or -.
(b) the lime for completion has been extended to a specified dale more than three years, but less than
live years, from the dale of Issuance and both that dale anal the special circumstances warranting
the extended time period are set forth in this Order. =
authority for one or more periods of up tq,three years each
5. This Order may be extended by the issuing : .
upon application to the issuing authority'at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project ,hall be clean fill, containing no trash, refuse, rubbish or de-
ter, wire, lath, paper, cardboard, pipe,
bris, including but not limited to lumber, bricks, plas tires, ashes,
refrigerators, motor vehicles or parts of any of the foregoing. -
7.• No work shall be undertaken until all administrative appeal periods.fr,om.tltis Order have elapsed or, if
such an appeal has been filed, unlit 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 1
+ of the owner of the land upon which the proposed work is to be done. In the case of registered land, the
upon
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the landNACC which
the proposed work is,to be done. The recording information shall be submitted to the
i • . 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 two square feet or more than three square feet in size
bearing the words, "Massachus is Department of Environmental Quality Engineering,
File Number
10, Where the Department of Environmental Quality Engineering is requested to make a determination and
.
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
I.y . Upon completion of tho work described herein,'tho applic ant shall forthwith request in writing That a
Certificate of Compliance be issued stating that'tlte work has been satisfactorily completed,
12.The work shall conform to tfle following plans ailcf spnr.ial conditions:
i
e
Page 3
ORDER OF CONDITIONS ROCKY BROOK ESTATES DEQE ll 242-392
12 a. Notice of Intent and Hydrological. Analysis submitted by Rocky Brook Realty
Trust, North Andover, Mass. and prepared by Thomas Neve Associates, Inc.
Topsf.ield, Mass. dated February 6, 1987. (34 pages) .
b. Plan entitled "definitive Subdivision Plan of Rocky Brook Estates", prepared
by Thomas Neve Associates, Inc. dated November 24, 1986 and revised February
2, 1987. (3 pages)
c. Plan entitled "Rocky Brook Estates, Hydrologic Analysis", prepared by Thomas
Neve Associates, Inc. dated November 24, 1987. (4 pages)
d. Letter and drainage calculations from Thomas Neve Associates, Inc. dated
March 18, 1987. (6 pages)
13. Prior to any construction on the site, new plans shall be submitted to the
NACC for, review and approval addressing the following issues:
a. At the intersection of Rocky Brook Road and Tanglewwod Lane, Rocky Brook
Road must be relocated to avoid any wetland filling, or provision must
be made for a wetland replacement .area, three times the area of the
wetland altered.
b. The value of the bordering vegetated wetland proposed for use as Detention
Pond #1 will be lost due to siltation over the course o.f construction.
Therefore a wetalnd replacement area equal to the area of the detention
pond plus the 1300 square feet of vegetated wetalnd filled by the soil
berm shall be constructed adjacent to the proposed detention pond.
14. Prior to any work on teh site, the applicant must provide written evidence
that permission to construct a wetland replacement area on Lot #23 of
Wintergreen Estate has been obtained.
15. All compensatory wetland areas must be constructed and planted before work
shall be allowed on any residential lot in this subdivision . Written .NACC
approval shall be obtained before work begins on the lots.
16. In order ,to protect the wetalnd resource area, including the land subject
to flooding, from impacts during and after development of the residential
lots, a twenty-five (25) foot no cut zone and a fifty (50) no construction
zone shall be established' around the delieated edge of wetlands as shown
on the plans referenced in condition #12b, and shall be shown on the plans
submitted under condition #17 below.
17. This Order of Conditions, and the submitted Notice of Intent applies to
the roadway, utilities, and ,dr,ainage fagiliteis. ,Therefore, the following
additional submittals shall .b6,,required for ',residential lot development:
a) A Request for,Determination',or`,a Notice 'of Intent'! shall be filed for work
on the following lots,{ii1,'11,12i14,15,16,;,7,18,'19. j
I �
b) No further filings are',`required for the following lots since' they are ,4 !;
outside the jurisdiction of,,the, We,tlands %ProtectionAct and the ByLaw,
2,3,4,5,6,7,8,9,10, 13. s:
r .
18. In advance pf any work on this project, the allpicant shall notify the NACC
h:
Y �'
Page. 4
ORDER OF CONDITIONS ROCKY BROOK ESTATES DEQE # 242-392
18. Continued
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 part of the contractor's
contract.
19. 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.
20. Commencing with the issuance of this Order, and continuing through the existance
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.
21 . Prior to any construction on the site, a single row of staked hay bales with
filter fabric shall be placed between all construction areas and the wetland
areas in teh location shown on the plans referenced in 12b. These barriers
shall be inspected and approved by the NACC prior to the start of construction.
These rows of hay bales with filter fabric shall remain intact until all
disturbed areas have been mulched, seeded, and stabilized to prevent erosion.
22. 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 t`
staking these bales. Said bales shall be used only forthe control of emergency
erosion problems, and shll not be used for the normal control of erosion, as
described in the Erosion Control Plan submitted with the Notice of Intent f
or the hay bale barriers described in Condition 20.
23. 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 thelatter course is chosen, stabil-
ization will be considered once the surface shows complete vegetative cover
has benn achieved.
1
24. After proper grading, all disturbed areas within the 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 j
limestone shall be placed at a rate sufficient to bring the soiltest to pH -`
6.5. In addition, 10-6-4- fertilizer, or its equivalent , shall be applied at
a_rate of fifteen (15) pouns per one thousand (1000) square feet, in accordance i
with Soil Conservation Service Guidelines.
F:
25. No earthen embankment in the buffer zone shall have a slope steeper than 2: 1.
All steeper slopes shall be rip-rapped.
26. All erosion prevention and sedimentation protection measures found necessary
during construction 'by the NACC will be implemented at teh direction of the
NACC.
27. There shall be no stockpiling of soil or other materials within twenty-five
(25) feet of any resource area.
Page 5
ORDER, OF- CONDITIONS ROCKY BROOK ESTATES DEQE 11 242-392 ' ..
28.' s ,,During and after work on this project, there shall be no discarge or
spillage of fuel, oil, or other pollutants, into any resource area.
29. 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 palns, 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 be best. 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.
r
30. Any errors found in the plans or information submitted by the applicant
shall be considered as changes and procedures outlined above for changes
will be followed.
31. In conjunction with the sale of any lot within the resource area, 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 # 34 below.
32. The NACC shall be notified in writing of any lot line or number change
witha copy of a plan showing these changes prior to any work on these lots. `
33. Members of the NACC shall have the right to enter upon and inspect the
premises to evaluate compliance with this Order of Conditions.
34. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
35. 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.
36 Issuance of these conditions does not in any way omply or certify that the
site or downstream areas will not be subject to flooding, storm damage, or
any form of damage due to wetness.
37. A surety performance bond shall be provided in teh amount of $15,000.00 which
shall be in all respects .s'atisfactory to Town Counsel and the NACC, and shall
posted with the Treasurer' of teh Town 'of North Andover before commencement of, {
work. Said bond shall be signed bya party or parties satisfactory to the f
NACC and Town Counsel, an4rshall be .released after ,completion,of the project,
provided that provision, sgtisfactoryt tb ';tho,' NACC, lies jbenn in3de, 'for performance ' �1 1 i
for any conditions which are of a continuity '. nature+.�' This condition is issued
under the authority of the ;Town of North.AndoverWetlands Protection Bylaw: ,
38. All construction work shall conform to the Erosion Control Plan and
Construction Sequence/ Schedule noted above in Condition # 15, 16, and 20
i
Page 6
ORDER OF CONDITIONS ROCKY BROOK ESTATES DEQE 242-392
39. In addition to the requirements of Condition # 11 , the applicant shall
submit a letter to teh NACC from a registered professional engineer
certifying compliance with this Order of Conditions. Said letter shall
certify, but not be limited to teh following:
a) ."As-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
resouce 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 jurisdiction of
the Wetlands Protection Act and Bylaw shall be submitted when a Certificate
of Compliance is Requested.
T
40. The utilities for any ofthe houses in this subdivision shall not be constructed
so as to pass under or through any wetland area on -the site.
41. All effluent catch basins contain oil/gasoline traps, and it shall be a
continuing condition of teh Order , even after a Certificate of Complaince
is issued, that the oil/gasoline traps in the catch basins be maintained.
42. No underground storage of fuel oils shall be allowed on any lot within 100
feet of a wetland resource area. This condition shall survive this Order
of Conditions, and shall run with the title of .the property.
43. Fertilizers utilized for landscaping and lawn care shall be of the low
nitrogen content variety, and shall be used inmoderation. Pesticides and
herbicides shall not be used on any lot in the subdivision within one
hundred (100) fett of a wetland resource area.
b
r
I,
1
i
t�
DF^E #242-392 t ,
R. y Brook Estates
Issued By North Andover Conservation Commission
Signature(s)
i
2
i..
This Order must be signed by a majority of the Conservation Commission. •r;
• - t,,
On this loth day of April 19 27 ' , before me
personally appeared North Andover Conservation Commission , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.
1Ay Commission 'xpiros Cclo6er 2, T992
Notary Pubii My commission expires
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the lend 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 Ouality Engineering to Issue a Superseding 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 request shall at the same time be sent by certified
mail or hand delivery to the Conservation Commission and the applicant.
.. E
I5
DoItach-on dotted line and submit to the North Andover Conservation' Comm. prior to commencement of work.
.................................... . ............... .................................................................. ....................................................... .............
To lssuing'Authority j
Please be advised that the Order of Conditions for the project at ._..�_..
File Number 2 4 2-39 2 has been recorded at the Registry of and
has been noted In the chain of title of the affected property in accordance with General Condition 8 on , 19
if recorded land, the instrument number which'identifies this transaction Is
i
If registered land,the document number which Identifies this transaction Is
Signature
i Applicant'
t
TOWN OF NORTH ANDOVER, MASSACH'USE i 1'S
OrrlcE or
CONSERVATION COMMISSION
NORTIt
TELEPHOHE 683-7105
SAC it C
PURSUANT TO THE AUTHORITY OF THE WETLANDS PROTECTION ACT,
MASSACHUSETTS GENERAL LAWS CHAPTER 131, SECTION 40, AS AMENDED, AND
THE TOWN OF NORTH ANDOVER'S WETLAND PROTECTION BYLAW, THE NORTH ANDOVER
CONSERVATION COMMISSION WILL HOLD A PUBLIC HEARING ON February 18, 1987
AT. 8:00 P.M. AT THE TOWN BUILDING SELECTMEN'S MEETING ROOM, 120 MAIN STREET,
NORTII ANDOVER, MA ON THE NOTICE OF INTENT OF Peter Breen for Rocky Brook R_�a1ty Trust
TO ALTER LAND AT Rocky Brook Estates off Forest Street FOR PURPOSES OF
construction of roadway, install utilities, storm water mitigation t1eviicps And.
— compensatory wetland areas.
PLANS ARE AVAILABLE AT THE CONSERVATION COMMISSION OFFICE, TOWN BUILDING,
120 MAIN STREET, NORTH ANDOVER, MA ON WEEKDAYS, FROM 8:30 to 4:3.0 P.M. AND BY
APPOINTMENT,
BY: GUILLERMO J. VICENS
CHAIRMAN, NACC
RUN ONCE IN THE North Andover Citizen ON February 1$ 1987
I
i
cc: PLANNING BOARD
BOARD OF HEALTH
PUBLIC WORKS
HIGHWAY DEPT.
APPLICANT
ENGINEER
DEQE
FIRE. CHIEF
Bldg. Inspection
i