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HomeMy WebLinkAboutBRICKYARD REALTY TRUST (2) REMYE^ 310 C.Us 10.99 JOYCE Br AQ'3 HAW TOWN CLERK Form 5 NORTH ANDOVER 00MON& 242-740 i kiii L Ili ?5 1J (To to amaso CT OEM •"�" - Ccmmonweattn eay.Tow0 North Andover : of Massac'usetts Brickyard Realty Trust ,�-� aooncanc - ��.ids:v Concord Street, Lots 10 and 11, 13, 14 Order of Conditions Massacfiusetts Wetlands Protection Ac: O.L. c. 131, X40 and under the Town of North Andover's Wetlands Bylaw, Chapter 178 Frc.- NORTH ANDOVER CONSERVATION COMMISSION' Te Brickyard Realty Trust Same (Nairne of Apt::cants (Name at croaerty owners 14 Thomas Avenue Access Methuen, MA 01844 i,C:.:ea_ Same This C:cer s issue_Zinc awiverec as lottows: c ,._.:,.__. ec., C by ran.. e:+yen• ,,,a.._.....�,, or r ese^:alive an !C32e: XXEX by cerl::iec maii. 7eiu.n rec_tc:re_,Uesiec-. 3-21-95 Z 115 835 860 (--• This crc:e_::s iczzmc--21—Concord Street, Lots 10and 11, 13, 14 The crc-eny is rec_.ce=at:rie:pegstry cf_Deeds Essex North 1309 651 ��CY CZ�e The No::c2 :` 1n:e-:f;,r:':s crc;cc'was file_ February 17, 1995 The=!;a nes:ng was c:csee on March 1, 1995 !� e: Fincfn^s ;;e NORTH ANDOVER CONgFuvATTON rOMMTSSTON mas rev:ewea tae=cve-retereric_c NC-:-_2 c: inter.:anc c:ans ariz nas r:e:c a.u.:::c::ean-;=-. a =•. neo art-.,-ismtc..nuc::ava;=:e tc•ne NACC at:ltts::me. :ne ~NACC Mas ceterin:nec•'at the area cn wn,.---me c:cccsec worx is to cc c=e:s stgnn:c=rn to the t=hawing:ntere-sts in ac=ct ca::c_wan tree =-esurrc::c::s c: Sianif:carics set in;..e req za_ rts. •saw.Area Suc:ec::o P•cte.:cn un er•'e Ac::=2cx as aac:cr sates: Ch.178 SM Prevent;_on of erosion and sedi=antat:on Pu=;Iz water=uc_:y �t Fiooe cctztrci M Lassa c:rs=n:nc snedltisn Private water su=Y f 8:cr-n caniars crevertuor: [ F#snene Grcuro water suc=:y Preventers of=atfuuort CE, Proze^cn of wdd!:fs na== Ch. 178 Wildlife Ch-:7EM Recreation Ib:a: Sfais :.'tare C.:vr own Share '_$262-50 Peru^c Cues C::vlTown F~r:.an 5 Slate FIc rcn S J 242-740 8, Issued 8y North Andover Conservation Commission Signatu e1s1 1 This Orcer must be signed by a majority of the Conservation Commission. On this 15th day of March 19 95 before me personalty appeared George L. Reich to me known to be the person cescrlbed in and wno executed the foregoing instrument and acknowieaged that net she execstec the same as his,,her free act anc geed. ey CJ/, /497 Nc;a� uo c My commission expires The arc::canc.:ne owner. anv germ aggnevee ty this Q--er,anv owner of lane aoutung the lane upon wnicn the crcocse=wcrx is::ee cone.or any ten residents or the c::y or town in wntcn such fano is located.are nereoy notified or tnsrr right to reauest tris Cecan^+ent ct Envuonmentat Protecnch to issue a Sucerseeang orcer, -rovicinc the reeuest:s mace by certified mau or nano cenvery to trie Cecar--er:. with line aocrozrsate fiiinc tee and Fee Transmrnat Form as moviam in 310 CZAR 10.03(7),within ten Gays from line tate of:ssuance ct tr,:s peter.matien.A copy ct tae reeaest snail at the same time be sent by certified mail or mane delivery to the Conservaacn Ccmm:ssscn anc the If you wise, to appeal this dec;sion under the Town 3vlaw, a cc-amlaint oust oe died -n Superior Cour. petacn on called line and submit to the 2orttit Andover Conservation Comm. prior to commencement of wore. ........................................................................................................................................St.......No. Andover..MA 01845........ To North Andover Conservation Commission, 120 Main , ssc:�gAutrcrcty Please as advised that the Order of Conditions for the protect at Lots 10 11-- FI-- 1 4 Concord St-rPPt- Fae Numcer 242— 740 rias oeen recorded at the Registry of Deeds, North .Essex ano has oeen noted to the chain of title of the affected crooerty in accordance with General Condition a on t 9 It recorded land, the instrument number wnl=taenattes this v=%sacton is If registered lana. the document number wntch identities this transaction is_ - Signature Accnconr 5•aA J 242-740 a;... 8. j d aI"IS ucluC.d UMOf _ 81-'0 Ct.:n;gfj :_:OI Issued AV '- OftervatiWIMMMURMO uoTiE R T� a;TTPTTM 8LT •t;�a::t;:..,n� as auto :�:ol :,:zeu at:ttapM M r:.a uonripac to ueaua/,a:d .(sccns samm aunojE) SignatU eiSt o "e 5 A17.anS 3alUM GIMAUd jftau— u L• f� 1 ;Ojwco Coo d jr1111111pas PrIM uozSosa 20 u7,00 — ALI ,a'un %:Eul ��a abi f] ,:autt:l:aiaa TELalt; 'atu:` st r DDu.IE MVM �I �v t s r31Ut a ` a2� ::+v.ns.�.au:t:." .r.Uil?al..�tt....�?Cta. ems• ••„o Cr,O•^•n rLv_.`atU� �. _ aAOQNV HIXON a,;L :v o.`.:•,..,�:+o..uo�oiai«e�AO a1::iraMalAa:52U This Crcer must be signed by a maiority of the Conservation Commission. S-UMUL4 On tnis 15th :a:Ea; bay of I `i t�oz�y� t ouoc;t sz2Sb�'e�treo:;cn:, aLU personalfv.apE George L. Reich to me known to be the person cescrlbeo in anc wno execu , e t6t e'7 npg i7h��i :meni an�'ac nf7V dt SL"Ct1at hr3 t4'� �ec399 a`f the-96FRe eq I9i&jqp;4;o- nnn need. R �•- My Cotssion expires 60CI :\Llar` LV (r oN xassg spaaQ ;o hus:;,ara au:Iz zs-.;zca:s, /az aco::,atU The a:an rscn a ^Reuse::Y tuts Crcer.any owner ct lane acuttmg the fano upon wmcn the crcxsec wcry is:c ce cone.or anv ten resfeen:s c:the c:r;or tcv'fjri o s Q�a�IDti s b r40 A zoJTzg� =ua:°�'?t 3R: I�:c Slul �nv�ronmentat PrQ11 •^ a Sucerseemg Crcer. crovfofrg the reeuest is mace cy c tt man r anc ceuvery ro the Seca wnn:ne aocro�ta'�E tiitnc:ee aaa r'�8arfs�n&af tpr�rt orovtefn u�olaet"ltl35 �q ' �g'�Istt, �t� �� )MXX Deterrrmat oee+i`et irla z}trip same time oe sent riv Certtifec coati or nano ce .Ifvery to the conservaacn Ccrnrn:ss,on anc the accncarit 30 ,..._ uantio., u /,Q :SMC;tOj SE ZaJ9A1iS= CU:Da^SSI S.ioC:v SI t{l If you wish to appeal L*M.=*e 0 yy1 uantlaays 33a=oy must be -`lied in Superior Court. anuany sBruoqs '7T "BUMo Aua-DIC Ic aUMN) tlu :tcdb ;0 a-"?N) auleS as AlTvald pzs,��;[azzg 31 NOISSINNOD N011VAUSNOD 21RAOQNV HINON ...old g r i :aad,'t "METXS SpusTaaM s tianopUV gaaoh 3o tIMoZ eq, aapun puE 011 `LE L •z '70 ;3v u01 a;osd Spulripm S;+asngomssew Detaen on eonea tine ano suomft to the NorthSUOR=LdO4 perup;jp Cour, prior to ccmmencement of worn. O-DUO#Z.j....:fi. ...�.� 5.�...� ... ............................................�... D MA 01-84-5-- To 1.8477o North Andover Conservation Commission, 120 Main-St. , No. Andover ,s5t;.,,, r;,a asn Z naTt?ag pze�?j artz ton:tf7oC Lots 10 1l 1 .1 G, t�!e d Please oe ao vrsee tnat tO Orcevot CCneittons for the Protect at 1-4�ti+ za zoN u"1pj Deeds. North _gr��> +uotutuyC :.fe rvurrz:'+ nas risen rec��gorceo at the Re-cis y of - — �p as oroworo ea oy Ct� ..1 '`; { s en 77 ova me of the atte t� rrieerty trrticcoidd rkb�*iin General Coneition 8 on 19 f 0*i L'-�'�2 •a,.tj dap It numoer wnten FfMon is ri If registeree tans. ::e cccument numoer wntcnt tr n is ori Sicna:urc Y 5•4a RECEiVE, JOYCE Et•; u" SAW ri 3Tn C:JiA 10.99 JOYCE CLERK NORTH ANDOVER Fcrm 5 CEP Fs.Aft 242-740 3 ' ?s North Andover • - Ccrnmonwealtrt Cay.rower Of MassacausettsA=Cant Brickyard Realty _Trust Concord Street, Lots 10 and 119 13, 14 Order of Conditions Massachusetts Wetlands Protection Ac: G.L. C. 131, §40 and under the Town of North Andover's Wetlands Bylaw, Chapter 178 Frc NORTH ANDOVER CONSERVATION COMMISSION Te Brickyard Realty Trust Same - (Narrne of A;;,::czntj (Name of c:oaer-y owners 14 Thomas Avenue Accre_= Methuen, MA 01844 Ac=es_ Same This^• :s isst;ec=rc aviverec as 440:taws: C by ran-- ce!!ver, or renresen aave on XXC( b c=*; ie: -a!i. �eft:m rev=:c:revues:e^c. 3-21-95 Z 115 835 860 Y - This�:c:ec•s:cam.:e=;; Concord Street, Lots 10 and 11, 13, 14 The.rcc_-^.y Is tecc"csc st the Fee:s r/cj Deeds Essex North --Y 1309651 p2ce -a -• :c ec:war;item - February 17 !CZ:e! .s ,n;e:., ,�, .. 1995 Th N - e c:.- The _:.�::c-e.sny was:.:cse_ cn March 1, 1995 !Cate: Finaincs -+- NORTH ANDOVER Ct7N�FRvaTT�N 0 ISSTnN ryas reviewer:rie peeve-refers.^-c_c ...e - - • -e��eC' =2aea cn:ne:ntCr.:.'aaiCr.avai=:e tC ::.e inter,ane.cans�,c r�..e C a r:r.-�i.::�.-ean-c cn:,.__...; .. NACC It t;tts;:me. ate NACC has ceter:n:nea gat the area cn wn:c-:ne c:cccseQ worts is to ce cCne:s SlgnaiC_-tt to the icuiowina:nterests to ac_c:ca'c_Xi:n the =re_urrc::c-s c: B:a:.titca: $set:cr.:. :n;..ere,�a:.ens:c:eta=.Area Suntec::o P•.tec cn Un- r' Ch.178 Z PrevenLien of erosion and sedimentation P:;ci,.: water succ:v ( Roos czntrct C. Lama c=-.=nine sneaffsn Pnvate water succ:y Slcrm carnac_crevemlan C Fisnenas Grourc water sutra.:y Preventton c!.attuttort Pfote cn of wiiC:ite nac:= Ch 178 I Wildlife Ch i7 Recreation 10:2; Fit^^. =oa = :-:r"en 5:ate :.Mare c:-.v,-,awn Ehare $262-90 .- Re*urc Cue =_ C::vrTown Prrtan S Slate .►'-✓:-cert S ('/z retail #242-740 Concord Street 2 Lots 10, 11, 13, and 14 Brickyard Realty Trust Therefore, the North Andover Conservation commission (hereafter the "NACC") 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 private rights. 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 30 days prior to the expiration date of the order. 6. Where the Department of Environmental Protection 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. 7. The proposed work includes demolition of existing wood frame dwelling (#53 Concord Street) and a wood frame garage. site clearing, loam stockpile, construction of two new single family dwellings, and associated landscape improvements. #242-740 Concord Street 3 Lots 10, 11, 13, and 14 Brickyard Realty Trust 8. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required) : (a) Notice of Intent filed by . . . Stephen E. Stapinski of Merrimack Engineering Services, Inc. 66 Park Street, Andover, MA on behalf of Brickyard Realty Trust George Hughes 14 Thomas Avenue, Methuen, MA (b) Plans entitled. . . Site Development Plan of Land in North Andover, MA drawn for Brickyard Realty Trust dated February 14, 1995. prepared by . . . Merrimack Engineering Services, Inc. 66 Park Street, Andover, MA 9. The following wetland resource area is affected by the proposed work: buffer zone, 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 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. 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plan referenced in 8. above. 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. 11. Issuance of these Conditions does not in any way 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 binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. 13 . In order to prevent any alteration of wetland resource areas beyond those proposed in the Notice of Intent 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 wetlands. No disturbance of existing grade, soils or vegetation is permitted in the no-disturbance zone. #242-740 Concord Street 4 Lots 10, 11, 130 and 14 Brickyard Realty Trust (See Appendix 5 of the local Regulations) . Activities proposed under the plan and Notice of Intent provide a non-disturbance zone greater than 25 feet, as required under the local By-Law. Additionally, the building construction is proposed at a distance greater than 50 feet, as required by the local By-Law. 14. The activities propose to construct two dwellings on separate lots. One dwelling shall be on so called Lot 10. A separate dwelling shall be constructed on so called Lot 11, 13, 14 . These Orders of Condition apply to both dwellings. Final Certification of Compliance shall be granted only after completion of all activities associated with both dwellings. PRIOR TO CONSTRUCTION 15. 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. 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 heeds 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 Certificate of Title of the owner of the land upon which the proposed work is to be done. Proof of recording with the Registry of Deeds shall be submitted to the North Andover Conservation Commission. Said proof shall be presented to the Town on the form provided at the end of these Orders. NO CONSTRUCTIONIDEMOLITION ACTIVITY SHALL COMMENCE AT THE LOCUS UNTIL SUCH TIME AS PROOF OF RECORDING IS RECEIVED SATISFACTORY TO THE CONSERVATION ADMINISTRATOR 17. 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 242-740". 18 . 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 #242-740 Concord Street 5 Lots 10, 11, 13, and 14 Brickyard Realty Trust 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. 19. 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 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. 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. 20. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. Demolition activities associated with the existing wooden frame garage shall be conducted as follows. . . All erosion and siltation control devices shall be installed, in place, in accordance with the approved plans except as follows. Siltation control fencing shall be placed full length as indicated on the plans. Hay bales shall be place as indicated on the plans but shall terminate by butting to either side of the wooden structure. The rear "lean-too" shed section of the garage shall be demolished by hand, without heavy mechanized equipment. Once all demolished material is cleared from this area the hay bale protection line shall be completed as indicated on the plans. Once all siltation and erosion control devices are completely installed the remaining demolition and construction activities shall employ whatever mechanized equipment they choose Foundation drains that may be required by the building inspection department shall not discharge above ground a distance closer than 25 feet to the edge of any resource area. Discharge location should be coordinated with the Conservation Administrator and Building Inspector Prior to Foundation Construction. #242-740 Concord Street 6 Lots 10, 11, 13, and 14 Brickyard Realty Trust The Applicant shall provide sufficient proof to the Conservation Administrator that no potential release of toxic or hazardous substances exists during demolition. All toxic and hazardous substances within or without the property shall be removed and properly disposed of prior to demolition activities. Proof, satisfactory to the administrator, shall be made that there are no existing underground fuel storage tanks. 21. 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. 22 . A row of staked hay bales backed by a siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as indicated on the plans and in accordance with the special condition set forth in 20 above. Said control devises 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. 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 emergency 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 $3000.00 and posted with the North Andover Town Treasurer before commencement of work. DURING CONSTRUCTION 25. The applicant is not obligated to submit written progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. The applicant shall submit a report to the Conservation Administrator indicating any change to the stated construction sequence or schedule. 26. 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, #242-740 Concord Street 7 Lots 10, 11, 13, and 14 Brickyard Realty Trust cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 27 . No exposed area shall remain unfinished for more than thirty (30) days, unless 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. 29 . There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. All soil materials shall be stockpiled in a location directed by the Conservation Administrator. 30. After proper grading, all disturbed areas located within a resource area which will not remain as wetland areas, shall be loamed (minimum of 4" of quality loam) , and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. CONDITION 30 DOES NOT APPLY TO THIS PROJECT. 31. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system or wetland resource area. 32 . 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. 33 . Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 34 . Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate and/or effect compliance with this Order of Conditions. The NACC reserves the right to require, following field inspection, additional information or resource protection measures. 35. 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 const raction the NACC shall be #242-740 Concord Street 8 Lots 10, 11, 13, and 14 Brickyard Realty Trust 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 36. 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 Town's Wetland Protection ByLaw. 37. Fertilizers 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 wetland resource area. This condition is issued under the authority of the Town's Wetland Protection ByLaw. 38. 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. 39. Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Land Surveyor certifying compliance with this Order of Conditions and the approved plans referenced herein (or approved revisions) . 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: a. "As-Built" elevations of all drainage structures constructed within 100 feet of any wetland. b. "As-Built" elevations and grades of all filled or altered wetland resource areas. c. Distances from structures to wetlands. d. A line showing the limit of work. "Work" includes any disturbance of soils or vegetation. 40. The following special conditions shall survive the issuance of a Certificate of Compliance for this project: 14 . Maintenance of catch basins. 35. Discharge or spillage of pollutants. 36. Prohibition of storage of fuels underground. 37. Limitations on the use of fertilizers, ides r it zers herbicides and pesticides. b 242-740 8• Issued Sy North Andover Conservation Commission cv " Signa!u e(s) . ho- —P=r-1/ ,• This Orcer must be signed by a malonty of the Conservation Commission. On ;lis 15th day of March 19 95 before me personally appeared George L. Reich to me known to tie the person cescrtbed in anc vvno executed the foregoing instrument and acknowfeaged that ne:she executes the same as nisi her free ac;anc ceed. ��2cN ..r� 1997 iVc;an ru:..c My commission expires The a=::can-.:no owner.anv cern;-ac,nevea t y this Creer.anv owner of lana acutttng the fano upon wmcn the crcxsea wcn is:c oe cone.or anv ten resteems c;the c:r;or town in wnicn such tang:s iocatea.are nereoy notiheo ottheir right to reeuest me Ceeartrrent ct Environmentat Pro;ecron to+slue a Sucerseanc orcer. -rovietrc the reeuest a maps by certtiiea rrau or nano ceuvety to the Cesar^e with;ae aeCrecnate fiiinc:ee an:gee±ransm:rat r"orm as crovieeo to 310 CMR Io.o3t7).within ten cays from the care et ssuance ct tis Oetem:nation.A ccey w the rea::est snau at the same time oe sent ey certdiee matt or nano oetivery to the Conserva;:cn Ccmm:sscn anc the a.;..,cart. If :cu Irish to appeal this decision under the Town Bylaw, a co-.plaint trust 5e ilad .n 111perior Court. Data=on cottea tine anc suomit to the \OrtLt Andover Conservation Comm pnor to cammentemenI of wont. ................................................. ....................................................................................................................... ....... North Andover Conservation Commission, 120 Main St. , No. Andover ,ssc:ng hutncrry 70 � Please De advisee that the orcer at Ccnedions for the protect at Lots 10 11 11— t/. Concord gt eg_ _ �^o t ;:,Iervumcer 242— 740 aas peen recoreee at the des stryof Deeds' North Essen has Deen notea in the chain of titre of the attectea orooerty in accoraance with Generat Contution Ban it recoreeo lane. the instrument numoer wntch wonaties mts vznsaeron is It registeree fano. the cecument numoer which toennties this transacuon is , :.canon^' sicna:ure 5•4A Received by Town Clerk : J0 FORM ATo 1� k0R APPLICATION FOR ENDORSEMENT OF PLAN VCR BELIEVED NOT TO REQUIRE APPROVAL- 19 u J� q- 19 45 To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons: 1 . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the Northndover Zoning By Law and is on a public way , namely , e0"-,_-UA SPet or a private way , namely , --- being land bounded as follows : Le o,,j Iz }' w4-1 e SfirPe'f -{v ek r 2 . The division of land shown on the accompanying plan is not a sub- division ub- division for the following reasons : I( -}- �S ¢ e- v 3 . Title reference North Essex Deeds , Book l3�- _; Page (jYj or Certificate of Title No . , Registration Book Pane App ' an Owner ' s signature and address if not the applicant : (Print Name)Applicant ' s Address : - -- - v Y� Tel. No. Received by Town Clerk . M � Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The north An over Planning Boa d has termined tha%t s id plan shows a subdivision , as defi ed by G . L . c . 41 , s . 81-L , and must therefore be re-submi ed to it for �prov under t;he Subdivision Con of L Very truly yours , NORTH ANDOVEP PLANNING BOARD (3 U l By . Date :. u �� s- z c f> :c! ]c JOYCE CRAB .: ;A TOWN 01AIRK Received by Town Clerk: NORTH ANDOVER FORM A f EB { APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL 19 QS To the Planning Board of the Town of North Andover:. The undersigned wishes to record the accompanying plan and request a determination by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reason: 1. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has he amount of frontage required by the North Andover Zoning Bylaw and is on a public way, namely, CONCora 5+ f Wn-11K S'j' , or a private way, namely, being land bounded as follows: 2 . The division of land shown on the accompanying plan is not a subdivision for the following reasons: 1r rnreiS 10WA� C0A1 ev AYd rav'-a OV i-,",edi LVINYrc'r e Li,r 3 . Title reference North Essex Deeds, Book 4 Page �-; or Certificate of Title No. , Registration Book Page App i nt ' Si ature: Owners Signature and address if not the applicant: h (Priv < ame) Applicant's Address: O Y A14 0%W10 Tel . No. AS � Received by Town Clerk: .Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said Rlan does not require approval under the subdivision Control Law, and the appropriate endorsement has been made upon the same. 2 . The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L. c.41, s. 81-L, and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours, NORTH ANDOVER PLANNING BOARD By: Date: 't d by Town ClerkRECEiVED: JOYCE B OSHAW 0 ER FORM A NO�Pt* N01OY�R APPLICATION FOR ENDORSEMENT OF a& 9 52 ANS BELIEVED NOT TO RE DIRE APPROVAL — R rr� Q 19 k� To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision ' Control Law is not required . The undersigned believes that such approval is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on , �`,�„�, , publ,ic � way , namely or a private way , namely , being land bounded as follows : eY \AJ s 2 . The division of land shown on the accompanying plan is not a Sub-,,'- division ' for the following reasons : 3. Title reference North Essex Deeds , Book 130ci Page Jksl or Certificate of Title No . Registration Book Page App icant' s Signatu e: 0 Owner 's signature and address if not the applicant : (Print Name) Applicant ' s Address : Z)��jk— P, 1 ��1EYA_J Jac �'i(j) o) C)C)141u --- No ._�St Recei ved by Town Clerk ; RE0r111EO JONCLKWTOWER NORTH ANDOVER fE818 9 53 AN '�6 Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The No,, h Andover Planning oa_ d has determined that ai plan shows a Subdivision , as fined y G . L . c . 41 , s 81-L , a d f m st they fore be re-s bmitted to t for app val under the ubdivisio Contro Law . Very truly yours , ,,NORTH ANDOVER PLANNING BOARD By : D a t e .'z\24C1 ;lived by Town Clerk : i BA'AnHAI FORM A i APPLICATION FOR ENDORSEMENT OF 18e BELIEVED NOT TO REQUIRE APPROVAL 19 7� To the Planninq Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision ControlControl Law is not required . The undersigned believes that such approval is not required for the following reasons : I . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage ' required by the North Andover Zoning By Law and is on . a public - way , namely , C)IV or a private way , namely , being land bounded ' as follows : 2 . The division of land shown on the accompanying plan is not a sub- ,`: division for the following reasons : 3 . Title reference North Essex Deeds , Book 30ci Page (ps or Certificate of Title No . �, Registration Book Page App ,icant' s Signatu e: Owner 's signature and address if not the applicant : (Print Name) Applicant ' s Address : P , aC) U Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North Andover Planning Board has determined thatsaidplan shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very truly yours , NORTH ANDOVER PLANNING BOARD By : Date FL TOWN r'Lt-11,K 310 CMR 10.99 NORTH AJID( ER Form 5 ? 4 5 242-768 (To to-ow cr OEM North Andover Commonwealth City-Town of Massacnusetts aoeneanc Brickyard Realt; Tr, st Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 and under the Town of North Andover's Wetlands Bylaw, Chapter 178 From North Andover oa5 rvatinn Cnmmicnoy-- - To Brickyard Realty Trust SAME (Name of Applicant) (Name of property owners Address 14 T nmac-AvPn„P, Methuen, MA Address SAME 01844 This Order is issued and delivered as follows: ❑ by hand delivery to aopficant or representative o (021e) requested n D 9 a`e receipt ® by certified mail. returnC o This project is located at Lots 11, 12, &13 Concord .1;r,-Ao* The crooerty is recorded at the Registry of Northern Essex 800ic 1309 Page 651 CermicaTe(if registered) The Notice of Intent for this orolect was filed on August 1 QQS (date) The oubiic hearing was closed on August 16, 1995 (date) Findings The North Andes r Conservation Commission has reviewed the above-referenced Notice of Intent anc;.tans and nas neso a puoiic nearing on the project. Used on the information avaiiaoie to the NACC at this time.the NACC has determined that the area on whin the oroaosed work is to be cone is significant to the following interests in accoroance with the Presumfltnons of Significance set forth in tris reguiavons for each Area Subject to Protec::on Under ine Act jeneckasao:;roonate): Ch.1781 prevention of erosion and sedimentation PubiiG water suoaty Flood control rand containing shellfish pnvate water supply Storm carnage prevention Fisheries Groundwater supply Prevention of pollution Protection of wildlife habitat. To:ai Fling Fee Submitted h. 178 $ 44d 'f_e. Slate Share 1�. $tion Cityi7own Share _ $137.5(1 r fee in excess cf SZS) Total Refund Due 5 City/Town Portion S State Portion S - (Yz total) (•/z tO120 nnr c �•; ` DEP FILE # 242 - 768 Therefore, the North Andover Conservation Commission(hereafter the"NACC")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. 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 30 days prior to the expiration date of the Order. 6. 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. 7. The proposed work includes: the construction of a house, provision of utilities and site grading as specified in the below-referenced Notice of Intent and Plans. 8. 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 : Brickyard Realty Trust 14 Thomas Avenue Methuen,MA 01844 dated 8/4/95 Plans prepared by: Merrimack Engineering Services entitled"Site Development Plan of Land" dated July 17,1995 C:\Winword\OOC\242-768.doc I NACC 9/7/95 ` DEP FILE # 242 - 768 9. The following wetland resource area is affected by the proposed work: buffer zone of a bordering vegetated wetland (BVW). This resource area is significant to the interests of 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 these resource areas to the identified interests. 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated 7/17/95. Prior to the issuance of aCertificate 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.- 11. Issuance of these Conditions does not in any way 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 binding 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 house, provision of utilities and site grading 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 foot(25') no-disturbance zone and a fifty foot (50') no-construction zone shall be established from the edge of the adjacent wetland resource area. No disturbance of existing grade, soils or vegetation is permitted in the no-disturbance zone. (See Appendix 5 of the local Regulations). 14. No authorization for any deck or for discharge of roof or surface drainage is encompassed in this Order.-Prior to any construction of any deck or such drainage, the applicant shall submit for review and approval plans relative thereto, which must be approved prior to implementation. 15. All non-paved areas that are authorized to be disturbed hereunder shall be loamed and seeded as soon as practicable following construction. All landscaping activities are to be completed by the end of the full growing season next following commencement of construction to ensure permanent stabilization of the site. 16. The existing brush line running behind (northeast of)the proposed house on Lot A and the existing houses on Lots B and 10 B shall not be disturbed during the construction work or subsequently(except in any location where such line runs outside the 25' No- Disturbance Zone). The proposed white pine(Pinus strobus) trees to be added on said three lots as indicated on the aforesaid pian shall be planted outside the 25' No- Disturbance Zone. CAWinword\000\242-768.doc 2 NACC 9/7/95 ' DEP FILE#242 - 768 17. The right title and interest of Lots 10A, 1 OB, A, B, and C on Wayne Street, Lexington Street and Bunker Hill Street (except for driveway and utilities) as indicated on the aforesaid plan shall be conveyed to the Town of North Andover. PRIOR TO CONSTRUCTION 18. 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. 19. 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 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 20. 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 242-768". 21. 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. 22. 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 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. The applicant or contractor shall notify the NACC in CAWinword\00C\242-768.doc 3 NACC 9/7/95 i DEP FILE # 242 - 768 writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. 23. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 24. 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. 25. 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 outside the 25' No-Disturbance Zone and shall be inspected and approved by the NACC prior to the startof 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. 26. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of fifteen (15)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. 27. A check payable to the Town of North Andover shall be provided in the amount of $3,000 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 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 continuing nature. The applicant may propose a bond release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. DURING CONSTRUCTION 28. Upon beginning work, the applicant shall submit written progress reports every two 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. 29. 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, CAWinword100C\242-768.doc 4 NACC 9M95 DEP FILE# 242 - 768 paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 30. No exposed area shall remain unfinished for more than thin 30 p Y( ) days, unless approved by the NACC. 31. 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. 32. There shall be no stockpiling of soil or other materials within twenty-five(25)feet of any resource area. 33. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 34. 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. 3 5. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 36. Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate and/or effect compliance with this Order of Conditions. The NACC reserves the right,to require, following field inspection, additional information or resource protection measures. 37. 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 38. 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 Town's Wetland protection ByLaw. C:\Winword\OOC\242-768.doc 5 NACC 9n195 r DEP FILE # 242 - 768 39. Fertilizers 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 wetland resource area. This condition is issued under the authority of the Town's Wetland Protection ByLaw. 40. 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. 41. Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineer certifying compliance with this Order of Conditions and the approved plans referenced herein(or approved revisions). 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: A) "As-Built" elevations of all drainage structures constructed within 100 feet of any wetland resource area; B) Distances from structures to wetland resource areas; C) A line showing the limit of work. "Work" includes any disturbance of soils or vegetation. 42. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 13. A 25' No-Disturbance Zone and a 50' No-Construction Zone 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 18) of the Regulations for performance standards within these zones); 37. Discharge of spillage of pollutants; 38. Prohibition of storage of fuels underground; 39. Limitations on the use of fertilizers, herbicides and pesticides. CAWinword\00C\242-768.doc 6 NACC 9M95 Lots 11, 13, 14, Concord St. Issued By North ver Conservation Commission Sign4tare(s) ' This Order must be signed by a majority of the Conservation Commission. On this 6th day of September - 19 95 before me personally appeared George L. Reich , 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. I *,C"Now &on 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 cone.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 Protection to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the Department. with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.030,within ten days from the date of issuance of this Determination.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. If you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court. Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work. ................................................................................................................................................................................................................... qf , To North Andover Conservation Commiccinn 120 Main Street. North Andov �,� A�tpol�k45 Please be advised that the Order of Conditions for the project at Lots 11 13 4 Concord St-rpt--t- de raptde Numoer 242- 768 has been recorded at the Registry of and has peen noted in the chain of title of the affected property in accordance with General Condition 8 on 19 If recorded land. the Instrument nurtmoer whtCh Identities this VW=ctidn 15 If reg steres land. the document number which identifies this transaction is Sicnature ACDIIcan! 5-4A