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HomeMy WebLinkAbout1987 Conservation - Order of Conditions - Salem Forest III DEF SUB i)ME Pile No. 242-38 (To be provided by DEQE) _ North Andove City/Town r• Commonwealth o George H. Farr' f Massachusetts Applicant Order of Conditions Massachusetts Wetlands Protection Act GLI. c. 13 1, §4.0 and under the Town- of North Andover Bylaw, . Chapter 3. 5 A & B From North Andover Conservation Commission George H. Farr. Same To (Name of Applicant) (Na ne of property owner) 216 Raleigh Tavern Lane Address North Andover, MA 01845 Address Same This Order is issued and delivered as follows: ❑ Iby hand delivery to applicant or representative on (date) by certified mail, return receipt requested on April 14, 1987 (date) This project is located at Lots 1-5 Hawkins Lane — Salem Forest III The property Is recorded at the Registry of Northern Essex Book 1087 314 Page Certificate (if registered) The Notice of Intent for this project was filed on February 5, ' 1987 = (date) The public hearing was closed on February 18, 1987 (date) Findings The North Andover Conservation Comm. 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 NACC has determined that the area on which the proposed work is to be done is significant It, the FbIlowing Interests in accordance with the Presumptions of Significance set forth In the regulations for.each Arc+e Subject to Protection Under the Act (checkas appropriate): LV7/Public water supply Imo/ Storm d©mago prevention y t f Private water supply W/Prevention of pollution tg Ground water supply ❑' Land containing shellfish �Fiood control Fisheries f t i salettt sorest ill, - #Z42-366 , Page, 8 Hawkris Lane , 1{•1 f: i, 'i f :'1 a i I Issued By- North ,Andover C�hservatlon Commission 1 ' , Signature(s) fY�!� -E,Ct•11�� This Order must be signed by a majority of the Conservation Commission. On this 1st 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 the same as his/her free act and deed. ltii? — MY Comrr,issrcn Lrp,res 0cfobor 2, 1992 Notary Pubi� My commission expires 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 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 man or hand delivery to the Conservation Commission and the applicant. .: r T t �, North' Andover Conservation Comm. prior to commencement of work. Ij Detach on dotted line and submit to the ....................................... ....................................................... ..................... ............................................... ............... To :Issuing Authority Please be advised that the Order of Conditions for the project at - File Number 242-388 has been recorded at the Registry of - and has been noted in the chain of title of the effected property in accordance with General Condition a on 9 r If recorded land, the Instrument number which'Identifies this transaction is It registered Land,the document number which Identifies this transaction Is Signature Applicant 1. Salem Fores,. _11 Lots 1-5 Hawkins Lane 242-388- Therefore, the NAC` hereby finds th the following conditions are necessary, in accordance•wilh the rerformance Standards set forth in the re,,_ ationa, to protect those inter- ests checked above. The "Af—C 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 fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice , of Intent, the conditions shall control. General Conditions 1 . failure to comply with all'condilions staled herein, and with rill related statutes and other regulatory meas- ures, shall be deemed caUSe to revoke or rn0dify Ihi; Or(ler. 2. This Order does not grant any property rights or nny exclusive privileges' it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permiltee or any other person of the necessity of complying with all other applicable (edcral,.statc or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the dale of this Order unless either of the following apply: (a) the work is a maintenance dredging project 'is provided for in the Act; or (b) the timr., for completion has been extended to a specified date more than three years, but less Char ,. live years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order rnny be extended by the issuing .urlhorily for ono or rnore periods of up tq.lhree years each upon application to the issuing a6thorily nt lust 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, fires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7:� No work shall be undertaken until all administrative appeal periods.fcom.this Order have elapsed or, if such an appeal has been filed, until all proceedings before file 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 be done. In the card 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 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 loss than two square feet or more than three square fect.in size bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number 242— 388 , 10. Where Ilia Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the C.on'servalion Commission shall be a party to all.agency proceedings and hearings before the Department. 1 1 , Upon completion of th e work described herein, file applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 1 t;. 12, The work shall conform 10 the following phns and specint conditions: is Page 3 W ORDER OF CONDITIONS Lots 1-5 Hawkins Lane - Salem Forest III DEQE #242-388 12. The work shall conform to the following plans and additional conditions: a. Notice of Intent submitted by George H. Farr of 216 Raleigh Tavern Lane, North Andover, MA. , and prepared by Thomas E. Neve Associates, Inc. of Topsfield, Mass.dated January 23, 1987 and re- ceived by the NACC on February 5, 1987. Included with the Notice is a proposed Wetland Replication Plan. Also included is a "Hydrology and Drainage" Report dated November 11, 1986, prepared by IEP, INC. of Northborough, Mass. b. Plan entitled "Definitive Subdivision Plan of Salem _ Forest III" dated Nov. 26, 1986 and prepared by Thomas E. NEve Assocites. Plan consists of four (4) sheets: #l : Title Sheet #2: Survey-Subdivision, #3: Topography - Utilities - Construction Detail and #4: Profile - Construction Detail. C. Plan entitled "Salem Forest III., Hydrology and Drainage" dated Nov. 26, 1986 and prepared by Thomas E. Neve Associates. d. Plan entitled "Salem Forest III, Common Drive" (Sheet #4 of 5) dated Nov. 26, 1986, revised January 23, 1987 and prepared by Thomas E. NEve Associates. e. Letter to the NACC from Thomas E. Neve Associates re- garding and attached to the Notice of Intent, dated January 23, 1987 and received by the NACC on February 5, 1987. f. Letter to the Planning board from Thomas E. Neve Associates dated March 3, 1987 requesting waivers to regulations regarding road widths and sideslopes. Received by the NACC on March 6, 1987. g. Letter and attached report to the NACC from Thomas E. Neve Associates dated March 9, 1987 and received by the NACC on March 13, 1987. Report was from IEP clarifying questions raised at the Public Hearing about stormwater flow through the proposed culvert at' Boston brook. 13. The roadway and cul-de-sac plans as presented propose extensive filling and alteration of the buffer zone right up to the very edge of an extensive and major wetland resource area. To minimize the wetland damage which will result from this proposed alteration, the cul-de-sac Page 4 ORDER OF CONDITIONS LOTS 1-5 Hawkins Lane - Salem Forest III DEQE #242-388 13. Continued. . . . . shall be moved twenty feet (20') in a southerly direction away from the edge of the wetland and the roadway width at the station 2+00 to 3+50 constructed to a maximum paved width of eighteen '(18) feet, and shall have clear sh oulders of only four (4) feet on each side so as to contain the tree cutting and construction work in this area to a maximum width of twenty-six (26) feet. 14. The NACC finds that the proposed wetland crossing at Station 2+00 to 3+50 is a limited project since it provides significant traffic circulation for a sizeable area of the Town. Further, most of the wetland resource areas altered by this crossing are not bordering vegetated wetland. As allowed by 310 CMR 10.53 (3) for limited projects, the NACC will require that the wetland replcement area for this limited project be twice the size of the area being altered. 15. Prior to any work on the lot sites, construction of the culvert and roadway across the wetland area shall be completed. 16. Prior to any work on the lot sites, the bank areas associated with the roadway and cul-de-sac and bordering on the wetland shall be stabilized and protected with erosion control matting, with samples of this material to be submitted to the NACC for review and approval. 17 . 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. 18. 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. 19. 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. 20. PRIOR TO ANY CONSTRUCTION ON THE SITE, a single (or double as specified) row of staked hay bales- facdd with filter fabric shall be placed between all construction areas and wetland areas as stated in the erosion control procedures in the Notice of Intent. 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. Page 5 ORDER Or CONDITIONS Lots 1-4 HAWKINS LANE - SALEM FOREST III DEQE #242-388 21 . 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 of erosion, as described in the Erosion Control Plan 22. 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 mulch- ing 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. 23. 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 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. 24. No earthen embankment in the buffer zone shall have a slope steeper than 2: 1. 25. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be implemented at the direction of the NACC. 26. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 27. During and after work on this project, there shall be no discharge or spillage of fuel, oil; or other pollutants into any resource area. 28. 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 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. 29. 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. Page 6 " ORDER OF CONDITIONS Lots 1-5 Hawkins Lane - Salem Forest III' DEQE #242-388 30. In conjunction with the sale of any lot within 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 Conditions on the develop- ment and has received notice under Condition #34 below. 31 . 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. . 32. Members of' the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. 33. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 34 . 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. 35. 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. 36, 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 $10,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the Treasurer of the Town of North Andover before commencement of work. Said bond' or deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC and Town Counsel, and shall be released after completion of the project, provided that provision, satisfactory to the NACC, has been made for performance of any conditions which are of a continuing nature. The applicant may propose a bond release schedule f keyed to completion of specific portions of the project for NACC's review and approval. This condition is issued under the authority of the Town Bylaw. 37. All construction work shall conform to the Erosion Control Plan and Construction Sequence/Schedule noted above in Conditions Nos. 15, 16 . and 20. 38. In addition to the requirements of Condition No. 11, the applicant shall submit a letter to the NACC from a registered professional 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. Page 7 ORDER OF CONDITIONS Lots 1-5 - Hawkins Lane - Salem Forest III DEQE#242-388 38 (Continued) . . . . 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. 39. The utilities for any of the houses in this subdivision shall not be constructed so as to pass under or through any wetland areas on the site except as shown on the plans referenced in Conditions No. 12(b) . 40. All effluent catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of the Order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. 41. . No underground storage of fuel oils shall be allowed on any lot within this development. This Condition shall survive this Order of Conditions, and shall run with the title of the ,property. 42. 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 wetland resource area.