HomeMy WebLinkAbout1998-02-18 Recorded Order of Conditions Conservation Form S OFr'Fti«rto. 242-$ 6
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Commonwealth ATRWOOPY Crty'iown North Andover
• of Massachusetts , Copley Development
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Order of Conditions
Massachusetts Wetlands Protection Act
C.L. c. 131 , §40
and under the Town aE North Andoverrs Bylaw Chapter 178
From NORTH ANDOVER CONSERVATION MtittiISSION-
WALNUT lelb65 DEVF_LO)" , U-C
To Copley Development Veronica Mandry
(Name of Applicant) (Name of property owrierl
20 Ridgeway Drive 219 Summer Street
Address Atkinson, N.H. 03811 Address North Andover, MA 01845
` This Order is issued and delivered as follows:
C] by hand delivery to applicant or representative on tdatp)
by certified mail,return receipt requested on. Joule)
This project is located at hots 1 & 2 Summer Street
The property is recorded at the Registry of l+OCClip r„ resex -
Book 1486 page 156 & 158
Certificate(if registered) _.._...,�
The Notice of Intent for this project was filed on i/9/98 (dale)
2/4/98 O
The public hearing was closed on (dale)
Findings
The North Andover Conservation Commission has revievied the above-rel9ra{+ced Nolsce Cf
Intent and plans anC has held a;,uelic hearing on the protect. eased on the ultormatton avaslacle to [lie
NACC at this time. the , RACE has delermined dial
the area on whtct] the orccosed work is to:e done is sigr:ificanl to the Icltowang interests in acco1clrtre v,iltt
the Presumalicns of Significa ce 5 or-th in the re utattons for each Ai ea Sut'lect to Prole.:sc Un
der nder the
Recreation
Act (check asaopropriate); Ch„79: Prevention of Erosion & Sedimentacion Ch. 178 Wildlife
C' Pubi;C water supply ❑ Flood Control ❑ Lind corstatnitsg shelllish
Private water supply ❑ Storm damage prevention ❑ Fislieries
C Ground water supply ClPrevention of Yollutiofl C f'rctec:tcri 01 wilc;lite habitat'
Total Filing Fee Sut:mitted Slate Shari;
CityfTavm Snare
(! lee rrt r<xce!.S CI �1
Total Refund 'Oue S cityi Town perucri S State Fortiori S
DEP FELE #242 - 896 BK 5428 P 2 5
Therefore, the North Andover Conservation Commission(hereafter the
"NACU) hereby finds that the following conditions are necessary, in
accordance with the Performance Standards set forth in the State Regulations,
the local ByLaw and Regulations, to protect those interests noted above. The
NACC 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
following 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 conditions stated herein, and with all related
statutes and other regulatory measures,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 property
rights. However, the NACC, agent of the NACC or the Department of
Environmental Protection(DEP) reserves the right to enter and inspect the
property at all Treasonable times, until a Certificate of Compliance is issued,
to evaluate compliance with this Order of Conditions, the Act, the North
Andover Wetland ByLaw and Regulations, 310 CMR 10.00, and may require
any information, measurements, photographs, observations, and/or
materials, or may require the submittal of any data or information deemed
necessary by the NACC for that evaluation. Further, work shall be halted on
the site if the NACC, agent or DEP determines that any of the work is not in
compliance with this Order of Conditions. Work shall not resume until the
NACC is satisfied that the work will comply, and has so notified the
applicant in writing.
3. This Order does not relieve the permittee or any other person of the necessity
of complying with all other applicable federal, state or local statutes,
ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from
the date of this order.
5. This Order may be extended by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section VIII (p.15)
of the North Andover Wetland Regulations).
C:Mn%vord1000a42-895.doc 1 NACC 2/19/98
DEP FILE#242 - 896 BK 5428 PG 236
6. The NACC reserves the right to amend this Order of Conditions after a
legally advertised public hearing if plans or circumstances are changed or if
new conditions or information is so warrant.
7. Where the Department of Environmental Protection (DEP) 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.
8. The conditions of this decision shall apply to, and be binding upon, the
applicant, owner, its employees and all successors and assigns in interest or
control. These obligations shall be expressed in covenants in all deeds to
succeeding owners of portions of the property.
9. The term "Applicant" as used in this Order of Conditions shall refer to the
owner, any successor in interest or successor in control of the property
referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The NACC shall be notified in writing within 30 days of all
transfers of tide of any portion of property that takes place prior to the
issuance of a Certificate of Compliance.
10. The proposed work includes: Construction of two (2)single fancily dwellings,
driveways,utilities and appurtenances. A portion of the work is to take place within the
Buffer Zone of a Bordering Vegetated Wetland.
C:Mnword10001242-896.doe 2 NACC 2/19/99
DEP FH E#242 - 896 B K 5428 PG 237
11. The work shall conform to the following(except as noted in the remainder of
this document where :revisions may be required):
Notice of Intent filed by: Copley Development
20 Ridgeway Drive
Atkinson NH 03811
Plans prepared by: Merrimack Engineering Services,Inc.
Entitled'Tian of Subsurface Disposal System:Lot 1-2*
DATED REV 1-22-98
2.The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetland (BVW). 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 recreational and wildlife
interests of the ByLaw. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified interests.
13. The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein. Prior to the
issuance of a Certificate of Compliance, the applicant will submit a plan
showing the site's wetland delineation at a scale identical to the Town
wetland snap for this location.
14.The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot(251 No-Disturbance Zone and a fifty foot(50') No-Construction
Zone shall be established from the edge of the adjacent wetland resource area
except where the applicant has requested permission to remove the
existing fill piles in the vicinity of wetland flags A22 through A29. Upon
completion of this activity the area shall be re-graded and stabilized with a
seed mix as specified on the record plan. No further work will be
permitted in the No-Disturbance Zone nor shall this stretch of meadow be
cut by future property owners. The Conservation Administrator and/or
other agents of the NACC do not have the authority to waive these setbacks
as established under the local bylaw. No disturbance of existing grade, soils
or vegetation is permitted in the No-Disturbance zone. (See Appendix 5 of
the local Regulations).
15.There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that
alter the post development watershed boundaries as currently depicted in the
C:1Winwordl000242-896,doc 3 NACC 2119/98
DEP FILE # 242 -896 BK 5
428 PG 2%38
Notice of Intent and approved by this Order of Conditions, unless
specifically approved in writing by the Commission.
16. This document shall be included in all construction contracts, subcontracts,
and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors, and other personnel performing the permitting
work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
17. The owners of the project and their successors in title, in the event they
proceed to alter areas subject to the Commission's jurisdiction under the
order, agree that the Order does not in itself impose upon the Town any
responsibility to maintain the proposed drainage system and that said Town
shall not be liable for any damage in the event of failure. By acceptance of
this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on
this property pursuant to the Order. 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 water damage. Maintenance
of the drainage system, if accepted by the Town as part of a public way,
becomes the responsibility of the Town.
18. 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 water damage.
PRIOR TO CONSTRUCTION
19. 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 or Court have been completed.
20.This Order shall be recorded by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. 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
case of registered land, the Final Order shall also be noted on the Land Court
CAWinword100C1242-896.do, 4 NACC 2/19/98
DEP FILE H 242 - 896 BK .5,{28 PG 239
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 North
Andover Conservation Commission on the form at the end of this Order
prior to commencement of the work. Any Order not recorded by the
applicant before work commences may be recorded by the NACC at the
applicant's expense.
21. 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 "Massachusetts Department
of Environmental Protection,File Number 242-8%."
22. Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said
changes to be significant, the NACC will call for another public hearing (at
the expense of the applicant). Within 21 days of the close of said public
hearing the NACC will issue an amended or new Order of Conditions. Any
errors found in the plans or information submitted by the applicant shall be
considered as changes. The proposed project may be still under review by
other local or state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a revised plan
and an explanation of the revisions shall be submitted to the NACC for
review and approval prior to the start of construction. No work shall begin
on a project until written approval has been granted by the NACC.
23. It is the responsibility of the applicant, owner, and/or successor(s) to ensure
that all conditions of this Order of Conditions are complied with. The project
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of
construction.
24. Prior to any work on-site the applicant shall submit to the NACC for
approval a sequencing plan for construction and erosion and sedimentation
control with supporting plans and details as appropriate. Prior to any work
commencing on-site, the applicant shall submit to the NACC for approval, a
detailed sequence of construction, including the construction of
compensation and retention areas, and revegetation to be completed before
other work begins on-site.
25. Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing so that erosion control measures can be
properly placed and wetland impacts can be monitored. The proposed limit
of work shall be shall be clearly marked with stakes or flags and shall be
confirmed by the NACC. Such markers shall be checked and replaced as
CAWinword100C1242-896,doc 5 NACC 2/19/98
DEP FILE # 242 - 896 BK 5428 PG 240
necessary and shall be maintained until all construction is complete.
Workers should be informed that no use of machinery, storage of machinery
or materials, stockpiling of soil, or construction activity is to occur beyond
this line at any time. All flags used for the above purposes shall be of a color
different from other flagging used on the site.
26. A row of staked hay bales backed by trenched siltation fence shall be
placed between,all construction areas and wetlands. The erosion control
barrier will be properly installed and placed as shown on the plans approved
and referenced herein and shall be inspected and approved by the NACC
prior to the start of construction and shall remain intact until all disturbed
areas have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC. The NACC
reserves the right to impose additional conditions on portions of this project
to mitigate any impacts which could result from site erosion,or any
noticeable degradation of surface water quality discharging from the site.
For example, installation of erosion control measures may be required in
areas not shown on the plan(s) referenced in this Order of Conditions.
Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commission's request,
27. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling,a minimum of thirty (30) hay bales and sufficient stakes for
staking these bales (or an equivalent amount of silt fence).Said bales shall be
used only for the control of emergency erosion problems, and shall not be
used for the normal control of erosion.
28.A check payable to the Town of North Andover shall be provided in the
amount of$6,000 which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC, and shall be posted with the North Andover
Town Treasure through the NACC before commencement of work. Said
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 continuing nature. The applicant
may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACCs review and approval. This condition is
issued under the authority of the local ByLaw.
29.The applicant shall be responsible for placing signs on each parcel
designating the applicable lot number as depicted on the plans approved and
referenced herein.
C-Maword*0Ct242-896.doc 6 NACC 2/19199
DEP FILE#242 - 896 GG {{
30. Prior to construction the applicant shall prepare and submit to the NACC for
approval a legally recorded 20'wide drainage easement extending over the
course of the existing 12"RCP drain. The purpose of said easement is to
provide the Town with future access to the structure should it fail over time.
This culvert provides an important hydraulic connection from wetland flag
Z8 and Z7 to the wetland Series"A".
31. The applicant and/or the legal owner of that portion of land upon which
these Orders of Conditions have been placed shall provide to the North
Andover Conservation Commission prior to transferring,or assigning any
portion of said land to another party,subject to said Orders of Conditions,
an Affidavit signed trader the pains and penalties of perjury,stating that
said applicant and/or owner has read these Orders of Conditions and is in
compliance with each and every condition. This document shall be
provided to said North Andover Conservation Commission at least forty
eight hours prior to the closing of said-land transaction.
32. Once these above mentioned pre-construction requirements are complete,
the applicant shall contact the Conservation Office prior to site preparation
or construction and shall arrange an on-site conference with an NACC
representative, the contractor,the engineer,wetland scientist and the
applicant to ensure that all of the Conditions of this Order are understood.
This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors and other personnel performing the permitted
work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of
Conditions resulting from failure to comply with its conditions. The
applicant or contractor shall notify the NACC in writing of the identity of the
on-site construction supervisor hired to coordinate construction and to ensure
compliance with this Order. A reasonable period of time shall be provided
as notice of the pre-construction meeting (e.g. 72 hours).
SUBDIVISION LOT DEVELOPMENT
33. The NACC shall be notified in writing of any lot line or number changes
with a copy of a plan showing these changes prior to any work on these lots.
CAWinwordk00C1242-896.doc 7 NACC 2/19/98
DEP FILE#242- 896 QK 544M PE_ 242
DURING CONSTRUCTION
34. Immediately upon completion of each dwelling foundation, and prior to
further construction activities associated with the site, the applicant shall
complete a plan prepared by a Registered Professional Land Surveyor
(R.P.L.S.)which accurately depicts the foundation location and it's
proximity to wetland resource areas as approved under this Order of
Conditions. Said plan shall be submitted to the Conservation Administrator
for approval.
35. Upon beginning work, the applicant shall submit written progress reports
every two (2) months detailing what work has been done in or near resource
areas, and what work is anticipated to be done over the next period. This will
update the construction sequence.
36. Any fill used in connection with this project shall be clean fill, containing no
trash,refuse rubbish or debris, including but not limited to lumber, bricks,
plaster, wire lath, paper,cardboard, pipe, tires, ashes, refrigerators, motor
vehicles or parts on any of the foregoing.
37. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
38. No regrading in the buffer zone shall have a slope steeper than 2:1
(horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide
permanent stabilization.
39. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
40. Washings from concrete trucks, or surplus concrete,shall not be directed to,
any drainage system, or wetland resource area.
41. All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal of
waste on the site by any other means. The applicant shall maintain
dumpsters (or other suitable means} at the site for the storage and removal of
such spent construction materials off-site. However, no trash dumpaters
will be allowed within SW of areas subject to protection under the Act or
local Bylaw.
CAWinword10001242-896.dm 8 NACC 2/19I99
DEP FILE#242 - 896
42. Accepted engineering and construction standards and procedures shall be
followed In the completion of the project.
43. During and after work on this project, there shall be no discharge or spillage
of fuel, or other pollutants Into any wetland resource area. If there is a spill
or discharge of any pollutant during any phase of construction the NACC
shall be notified by the applicant within one(1) business day. No
construction vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
AFTER CONSTRUCTION
44. No underground storage of fuel oils shall be allowed on any lot within one-
hundred (100) feet of any wetland resource area. This condition shall survive
this Order of Conditions, and shall run with the title of the property. This
condition is issued under the authority of the Towns Wetland protection
Bylaw.
45. Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen types (<5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland
resource area. This condition is issued under the authority of the Town's
Wetland Protection Bylaw and shall remain in perpetuity.
46. Upon completion of construction and grading, all disturbed areas located
outside resource areas shall be stabilized permanently against erosion. This
shall be done either by loaming and seeding according to SCS standards. If
the latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
47. Upon completion of the project, the applicant shall submit the following to
the Conservation Commission as part of a request for a Certificate of
Compliance:
a. A letter from the applicant requesting a Certificate of Compliance.
b. The name and address of the current landowner.
c. Signed statements from the individual property owners shall be
submitted with the request for a Certificate of Compliance indicating
that they have read and understood the Order of Conditions prior to
purchasing their property.
d. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
CAWinword\00C1242-89G.doc 9 NACC 2/19198
DEP FILE #242- 896
K5428 PG ,A
e. The street address and assessor's map/parcel number for the project.
f. The DEP file number.
g. A written statement from a Registered Professional Civil Engineer of
the Commonwealth certifying that the work has been conducted as
shown on the plan(s) and documents referenced above, and as
conditioned by the Commission.
h. An"As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer of the Commonwealth, for the public
record. This plan will include:
➢ "As-Builf' post-development elevations of all drainage &
stormwater management structures constructed within 100 feet-
of any wetland resource area.
A "As-Built` post-development elevations and grades of all filled
or altered wetland resource areas including the encompassing
buffer zone which is regulated as a wetland under the local
wetland bylaw.
➢ Distances from structures to wetland resource areas. Structures
include(but are not limited to) septic systems, additions, fences,
sheds, stone walls, pools, retaining walls, and approved decks.
A line showing the limit of work and the extent of existing
erosion control devices. "Work" includes any disturbance of
soils or vegetation.
➢ Location of all subsurface utilities entering the property.
48.The following special conditions shall survive the issuance of a Certificate
of Compliance (COQ for this project
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall
be established from the edge of adjacent wetland resource areas
except in those locations approved under DEP #242-896.
Future work within 100' of existing wetland resource areas will
require a separate filing with the NACC (refer to Section XI
(page 18) of the Regulations for performance standards within
these zones)The Conservation Administrator and/or other
agents of the NACC do not have the authority to waive these
setbacks as established under the local ByLaw;
A Discharge or spillage of pollutants (Condition # 42);
CAWinwoirc11WC1242-895.doc 10 NACC 2/19/98
DEP FILE #242 - 896 BK 5428 PG 245
➢ Prohibition of underground fuels (Condition#43),
Limitations on the use of fertilizers, herbicides, and pesticides
(Conditions #44).
CAWinword\OOC1242-896.doc !i NACC 2/19198
D.'E,P. 0242- 896
B K 4'28 PGA .46
Issued ey NORTH ANDOVER Conservation Commission
Signature(s)
This Order must be signed by a majority of the Conservation Commission.
On this,_ 18th day of February 19 9$ before me
personally appeared — Joseph W. Lynch, Jr. to me known to be the
person described in and who executed the foregoing instrument and acknowledged that hetshe executed
the same as his/her free act and deed.
Notary Public 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 Gily or town in which such land is located are hereby nolllfed 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 la the
Geparlmenl,with the appropriate filing fee and Fee Tfansmillal Form as provided in 310 Ch1R i0.o3(11,within ten days from ttie dare of
issuance of this Order.A copy of the request shall at the same lime be sent by certified mail or hand delivery to the ConServat'Un
Commission and the applicant.
If you wish to appeal this decision under the Town Bylaw,
a complaint; must: be filed in Superior Court: in accordance with M.G,L.
Chapter 249 S.4
RECORDIyG INFORMATION:
Detach an dotted line and submit to the North Andover Conservation Comm prior to commencement of work.
;north Andover Conservation Commission, 120 stain St. , North Andover �M Oi$ I y
in Aut unl
To
Please be advised that the Order of Conditions for the project at
242- 896 Deeds , Northern Essex and
File Number has been recorded at the RegFs[ry of
has been noted in the chain of title of the allotted property in accofoance with General Condition B on _— s—
if recorded land, the instrument number which identifies this teansactcon is
11 registered land,the document number which raentules this Irarrs3cl1nn
Aonlu:nni
S+gnature
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