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HomeMy WebLinkAbout242-801, 30 Sherwood Drive OOC - Permits #242-801 - 30 SHERWOOD DRIVE 6/7/1996 30 Sherwood Drive Lot 1 Fb''M ❑ee tic). 242--801 ,. (to too tru►+K3ow,try UEr-a , .. �,ly�rowerNorth Andover -• -- .- Commonwealth f Mass us is ❑o C� Timberland Builders, Inc. . ��• a �"1 e� ►s► I. r�l Order ,of Carlditialls Massachusetts Wet.la-nds Prot,ection Act G,L- Co 1"311 §40 and under the Town of Dior th Andover ' s Bylaw C hap t-e r +3.5 � -lN1SS IO From NORTH1 V ( - Timberland Builders,. Inc. Same as applicant To tName of Applicant) (Nait1e of oropetty ovvrler) 40 Sunset Rock Road Andover MA 01810 Address__Same as applicant Address Copy to: Neve Associates,- 447 old Boston Road, Top.sfield MA 01983- This eder is issued and delivered as follows: i i I��r f e. #i nf' r representative on oy hand delivery pp �� C ((Jl d anr'kifipd naii, returnrecelV requast ce ] y .z r ect is located at 30 Sherwood Drive Lot 1 " This dj The rrera op .►� is recorded at the Registry of �� �r l�_���� �'_��. •� 3289 96 S o o k Page . Certiticace (if registered) _..... ..�. - �.. ,e ��� V 1 Drys March �� � d a � w The Notice f er r�.� �or "`��a ;��Cir.t-t was filed an • l n May- 15 19 � (date) • The public.hearing was-closed ! Fih..dings Andover Conservation Coarlmis The �o r t�'1 r o S S�.on �135,revte%•red ttte above-[eler��"iced Hall C�" ri � �altl�ta t❑ 1�e Intent and plans ant has held a public hearing on the project. Based on the Irflrratio . . h a tins deterrriiried 111a1 N C C at this time. t o . ne is sr Ili1icarlt 10 [Ile 10110 ir1 inter ests in a.-arc], cl e r.�tt1 the area on which the.proaosed work Is to be do 9 r uta��c�s ',c�rreaCh ,fir�a �ul���ct to P"rµotec'IQri Under me Presumlot"Ions ofiCnifica ce oC"th in 1he e . � Recrea ion ,/ r ria,te ' �' .Prev�ntion of Erosion �ed�r�en•tat�.on Ch* �,7g� �.�.d.��f e Act (check as aQ op )• C�� : � 5]lelllis � . � Pubii%: water supply Flood oontral C3 Uir1d c❑flraicling . m dar lo Storm oreverition ist)erie's . . � f-P rivals water supply �: � � f �.vildllte tzabit,at Ground water supply Prevent�an of pQttutlotl , �� Protectlo ❑ t $250.00 $112.50 . Fee Submitted State Share, Total Filing , fe►e III OxceSS l �1* CIty[7o Yin Share " 137.50 . it, dawn Portion S State Por Rio:1 S Vial Re(u,nd Due S ' al [�r'7 total) tr�t�.l� DEP FILE # 242 - 801 r w Therefore, ► ") jTherefore, the North,Andover Conservation Commission s1�rn(hereafter the N �� 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 NACt 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 fifer from the plans,specifications or other proposals submitted with to Notice of Intent, the conditions"torte shy control. GENERAL CONDMONS 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 th '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. 3. This order does not relieve the permittee or any other person of the necessity of Complying w*th all other applicable federal,state,or local statutes, ordinances by-laws�or re'ations. 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 30 days prior to the expiration date of the Order. b. .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. a 7. The proposed work includes:co -truction of a house, weway, foundation dram' and regrading within 100 feet of a bordering vegetated wetland. 8. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): w Notice of Intent"filed by :Timberland Builders,Inc.,40 Sunset Roc.Road, Andover MA w. 01810- ®r: Plans:Sanitary Disposal System,Designed for Tiunber�and Builders,Inc.,for Lot 1- Sherwood Drive,prepared by Thomas.E.Neve Associates, Inc.,447 Old_ Boston Road, Topsfield, MA, dated March 15,1995., 9. one following wetland resource areas is affected by the proposed work:buffer zone to a bordering vegetated wetland(BVM. This resource area is significant to the interests 4 the Act and Town Bylaw as noted above. This resource area is also significant to the recreational and wildlife interests of the Bylaw. The applicant.has not attempted to overcome the presumption.of significance of this resource area to the identified interests. 1.0. The NA,CC agrees��the applicant's delineation of the wetl�d resource areas on the site as shown on the plans dated March 15'1996.'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 map for this location. C AWinword\00C1242-80 Ldoc 1 NACC 615196 r r DEP FILE # 242 - 801 R a 11. Issuance of these Conditions does not in any tray imply or certify that the site or downstream areas will not be subject to flooding or storm damage. 12.. The conditions of this decision shall apply to,and be b i ding upon, the applicant, owner,its employees and all successors and assigns in.interest or control. 13. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site to construct a s Ingle y house will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas beyond those proposed in the Notice of Intent(NOI)and approved herein,a twenty-five (25) foot no- disturbance zone and a fifty(50) foot no construction zone shall be established from the edge of the adjacent wetland resource'area.7 H NATURAL RESLIURCFIL,AND USE PLANNER AND/OR OTHER AGENTS�of THE-NACC Do NOT HAVE THE AUTHORM To WAIVE SSE SHACKS AS ESTABLISHED LSE LOCAL BYLAW. No disturbance of existing grade,soils or vegetation is permitted in the no- disturbance zone. (See Appends 5 of the local Re Wation's). 14. This Order of Conditions is issued.M* addition to that issued under File No.242-757. PRIOR To CONSTRUCT1DN 15. No work sly 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. 16. 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, wig 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 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 c 'namencement of the work. .17. A sign sal be displayed at the site:not less than two squi�ze fe?t or more than three square feet in size bearing.the words "Massachusetts Department of Environmental Protection, File Number 2 801". 18. Any hinges 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. e-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. CMinwordl 2 - O 1.doe 2 NACC 6l5/ 6 DEP FILE #242 - 801 19. The applicant shy contact the Conservation Office prior to site preparation or construction and shall arrange an on-'site conference with an NACC-representative,the contractor and the applicant to ensure that all of the Conditions of this order are understood. This Order also shall be made a part of the contractors written contract.The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor fired to coordinate construction and to enure compliance with this, Order. 20. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 21. Wetland flagging s 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: 22. 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 according to the approved plan and shall be inspected and approved by the.NACC prior to the stet of construction and shall remain i tact 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. 23. -The applicant shall have on hand at the start,of any soil disturbance, removal or stockpiling,, a minimum of 20 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 emergent.y erosion problems,and shall not be used for the normal control of erosion. 24. A check payable to the Town of North Andover shall be provided in the amount of 3 00 _whit,shall be in all respects satisfactory to Torun Counsel,Town Treasurer, and the NACC, and shall be posted with the North_Andover Town Treasure 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 Torun 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 Wbond release schedule keyed to completion of specific portions of.the project,for the NACC's,review and approval.This condition is issued-under r ..,� . yx..... ..the authority of the local byl.,aw. DURING CONSTRLJMON 25. Upon beginning work, the applicant shall submit written progress reports every.1 month detailing what work has been done in or near resource was, and what work is anticipated to be done over the next period.This will update the construction sequence. 26. Any fill used in connection with thisproject shall be dean 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 can any of the foregoing. 27. No exposed area shall,remainunfinished for more'than testy(30)days, Mess approved by the NACC. 28. 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. C::Min"Word\00 242- 0 i.doc 3 NACC /5/9 A , r - DEFFIELE # 24 - g01 i 29. There'shall be no stockpiling of soil or other materials within twenty-five 25).feet of any resource area. - 30. Washings from concrete trucks,or surplus concrete,shall not be directed to,any drainage system,or wetland resource area. 31. All waste generated by,or associated with, the construction activity shall.be coned 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 du psters(or other suitable means)at the site for the storage and removal of such spent construction materials off-site. 32. Accepted engineering'and construction standards and procedures shall be followed In the completion of the project. 33. .Members of the NACC or its agent shall have the'right to enter upon and inspect the. prem ises to evaluate and/or effect compliance 'With this Order of Conditions. The NACC ii reserves the right to require, following field,inspection,additional information or resource, protection measures. 34. 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 vehicle's 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. ' AFITR CONSTRUCTION 35. No underground storage of fuel oils shall be allowed on anyµlot 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 Towes Wetland protection ByLaw. 36. pertilzers utilized for landscaping and lawn care shall be organic and low-nitrogen content, and shall be used in moderation. Pesticides and herbicides shall not be used within 100 feet -of a wend reso' area. This cond.ti n.*issu ed undertine authority of the Tow n.'s Wedand P'rote:.ti.o�- ByLaw. 37. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently a gains t erosion. This shall be done either by loann ing and seeding according to SCS standards. If the latter course is chosen,stabilization will be corsidered complete once vegetative cover has been achieved. A Upon completion of the project, the applicant shall submit a letter to the NACU from a Registered Professional Civil Engineer and a Registered Professional Land Surveyor certifying compliance with this Order of Conditions and the approved plan referenced herein for approved.revisions).. Certification includes,but is not lianited to, verification that the "t of work coincides with the approved"NO-DISTURBANCE/NO-BUILD TURBANCL/NO-BUILD"' zones. A stamped"As-Built"topographic plan of all areas within the jurisdiction.of the Wetlands Protection Act and ByLaw shall be submitted when a Certificate of Compliance is requested. This plan will include CAWinword\00C1242-841.doc 4 NACC 615196 ` DFP FILE # 242 - 801 A) `MA-Built" elevations of all drainage strictures constructed within 100 feet of any wetland resource area; B) "As-But" elevations and grades of all famed or altered wetland resou' rce area; Q Distances from structures to wetland resource areas. Structures include,but are. not limited-to,septic systems,stone walls, retaining walls,and approved decks; D) A line showing the wit of work. "Work" includes,any distuxbat.ce of soils or, vegetation; E)- Location of all subsurface utilities entering the property; • F) Location of existing erosion controlse A FW therrnore, the following information must be submitted to the NACC when requesting a Certificate of Compliance: A) The rune and address of the current landowner; B) The name and address of the individual/tr"us .dr corporation to whom the compliance is to be granted; Q The street address and assessor's map/parcel number for the project; D) The DEP file number; E) A statement certifying compliance with the,Order of Conditions and approved plans, 40. The following special conditions shall,survive the issuance of a Certificate of Compliance . w CCU for this project: 13. A 25 No-Disturbance Zo ne and a 50'No-Cons traction bane shall be established from the edge of adjacent wetland resource areas.. Future work within 100'of existing wetland resource areas will require a separate filing with the NACC(refer to Section XI(page 1 )of the Relations,for performance standards within these zones)The Natural Resource/Land Use Planner and/or other agents of the 'ACC do not have the authonity-to wa,I've these.,setbacks as established under the local• . r By Law; 3.Discharge of spillage of pollutants,, , 35. Prohibition of storage of fuels-underground; .Limitations on the use of.fer ' " ers,herbicides and"esticides,. r C AWinword\ C1242-$Q i.doc 5 NACC 6l5196 r • .`-Lot 1 Sherwood Drive 242— 3 Issued By North Andover Conservation-Commission Signature(s) /,000,7 This Order must be .signed by a majority of the Conservation Commission. On this__._ day of 1 , before me personally appeared . to me known to be the person described in and who executed the foregoing instrument and acknowledged that he. executed the same as his/fie free act and deed. Notary Public my commission expires "he'aocticant.the owner. any person aggneved by this orcer.any owner of land abutting the land uocn which the oroc>csec work is to be cone,or any ten rest sent of thentty or town in which such land is located,are hereby notified of'tneir right to reouesi the Qecartment of Environmental prote�ciion'to is5u-e a Superseding Order, providing the recuest is fiade by certified mail or hand delivery to the feoartrnent. with the appropriate filing fee and Fee Transmina,l Form as provided in 3�Q��IA t G1.��T�,within ten Cays from the pate of issuance of thts Determination.A copy of the request shall at the same time tm sent by cent;fied mail dr band delivery to the Conservation-Commission a.nd.tne applicant. . If you wish to appeal this decision udder the Town Bylaw, a complaint must be filed in Superior Court. e A RECEIPT. FROM THE REGISTRY of DEEDS MUST BE SUBMITTED TO THIS OFFICE SHOWING TRAI THIS ORDER OF 'CONDITIONS HAS BEEN RECORDED AT THE NORTH ESSEX REGISTRY OF. DEEDS 1. North Andover Con v' prior to comr�nencement of work,, detach on dotted line and submit to the ^fn M Q 1 - e •w!w.rs.r...r..r..wr.wr.Wwwwrrwww w w.w+.+.w+r www+www r.ws.r+wrw+w rave r�w.r�www.rww+r.w.w.�w*rw�w0wr wwMM Main S 0000000400600 t S**�4o4.0400Andover..w..'L ...Se•i.a�4w�..........+•�www.....ww.•..t•.rtt.*w.ww..w*......... N 0400 .r North Andover Conservation Commission !sst;:.n9 rutnoritv o f r a Please be advisect that the C�raer of Conditions o the Q ro Mect her GCS W i)- ;:Ile Numoer 24 2—,?-Ql has 0een recoroed at the Registry of Deeds Essex North District ��❑ ,. has �oe n noted in the cnain of time of the affected crooerry in accordance wan General Ccncit►on B on t 9� It recoroed land. the instrument numaer wnicn iaentiliss mis tr­arLsaczan 13 It registered land. the document'numGer which identifies th19 mwsact:on is 0Acc1~can sicna:ur e '