HomeMy WebLinkAboutOAK TRUST 24z-711
DenRock View Subdivision
Dryad Street and Belfast Street
Lots 3, 4, 5; 6, 7, 8
310 CMR 10 . 99 DEP File No_ 242-711
Form 8 (To be provided by DEP)
City/Town North Andover
Applicant Bailey Family Realty Trust
Commonweal th
of Massachusetts
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c . 131, 540
From North Andover Conservation Commission Issuing Authority
401 Andover Street
To Coolidge Construction Co. North Andover MA 01845
(Name) (Address)
Date of Issuance July 11, 1996
This Certificate is issued for work regulated by an Order of Conditions issued
to Bailey Family Realty Trust dated October 13, 1994
and issued by the North Andover Conservation Commission
1. It is hereby certified that the work regulated by the above-
referenced Order of Conditions has been satisfactorily completed.
2 . ❑ it is hereby certified that only the following portions of- the -work
regulated by the above'-referenced Order of Conditions have been
satisfactorily completed: (If the Certificate of Compliance does not
include the entire project, specify what portions are included.)
3. ❑ It is hereby certified that the work regulated by the above-
referenced order of- Conditions -was never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future
work subject .to regulation under the Act may be .commenced without
filing a new Notice of Intent andreceiving a new Order of
Conditions.
. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Leave Space_Blank)
Effective 11/10/89 8-1
4 XXX The certificate shall be recorded in the Registry of Deeds or the
Land Court for the district in which the land is located. The.Order
was originally recorded on November 8, 1994 (date) at the
Registry of Deeds, North Essex gook , Page
Instrument No. 31752
5. The following conditions of the Order shall continue: (Set forth any
conditions contained in the Final Order, such as maintenance or
monitoring, which are to continue for a longer period. )
Issued by 1
Signature(s)
LWIA
When issued by the Conservation Commission this Certificate must be signed by
a majority of is members. Q/
On this���h day of 19. before me
personally e ppearedJ; to me knownto be the
person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/liar free act and deed.
March 22 2002
Notary Public Donna Ma D'Agata My commission expires
NORTH ANDOVER CONSERVATION COMMISSION
NORTH ANDOVER TOWN HALL
Detach an dotted line and submit to the 12tt MAIN STREET
......... . ...... .................N'ORTH'ANDOVER'NIA-0i845r.......................................
To _ Issuing Authority
Please be advised that the Certificate of Compliance for the project at: Den Rock View Subdivision
Fite Number 242-711 has been recorded at-the Registry of
and has been noted in the chain of title of the affected property on., 19
If recorded land the instrument number which identifies this transaction is
If registeredland the document number which identifies this transaction is
Signature Applicant
S-2
s
Notice to APPL1(;ANi'/TQ& CLERK and Certification of Aeon of Planning Board
on Definitive SubdiviMW Plan entitled:
Den Rock View
By: Christiansen & Sergi. Inc_ dated January 20, , 19 922
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the con—
struction of ways and the installation of municipal services within said sub—
division, all as provided by G.L. c. 41, S. 81—U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board, no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
4. 'Other .conditions:
SEE ATTACHED
� r-s
'+ F
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
IRV
NORTH P BOARD
11
Date. July 7, 1992 By: George Pe
t _
4.
FORM C •
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
1 /20/ ���, * �9 :o�,R
;�
To the Planning Board of the Town of North Andover: .i
The undersigned, being the applicant as defined under Chapter 41., Section
81—L, for approval of a proposed subdivision shown on a plan entitled
Den Rock View
by Christiansen & Sergi , Inc . dated 1L20/92
being land bounded as follows: Northerly by Sutton and Bailey Family
Trust ; Easterly by Waverly Road and Fournier ; Southerly by Marengo
Street ; Westerly by Blefast Street
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to -the
Board for approval of said plan.
Title Reference: North Essex Deeds, Book 789 , Page 449 ; or
Certificate of Title No. , Registration Book , page ; or
Other:
Said plan has( ) has not(X) evolved from a preliminary plan submitted to
the Board of 19 and approved (with modifications) ( )
disapproved ( on , 19 •
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board'd
:Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as well as zoning by—laws of said Town,
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the same. Said plan, profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and the covenants and agree—
ments herein shall.be binding upon all heirs' executors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installations and construction within two (2)
years from the date hereof. /
Received by Town Clerk:
-Date: gltffittfre of AOPXcant
Time: Robert Bailey for
Bailey Family Trust
Signature:
Address
499 Waverly Road, No. Andover
r
DEN ROCK VIEW
DEFINITIVE SUBDIVISION
CONDITIONAL APPROVAL
1. Prior to endorsement of the record plans and recording with the North Essex Registry
of Deeds the applicant shall provide the following to the North Andover Planning
Department.
A. Covenant,(Form I),securing all lots within the subdivision for construction of
ways and municipal services. Said lots may be released from the covenant upon
posting of a bond as required in condition # 2(A).
B. Right of Way dedication easements for the proposed roadway,shall be prepared
at the applicant's expense and provided to the Planning Office.
C. All drainage, utility and sewage facilities shall be approved by the North
Andover Division of Public Works.
D. All conditions listed herein shall be placed on the coversheet of the Record Plans
which will be presented for endorsement by the Planning Board.
All documents shall be prepared at the expense of the applicant,and shall have proper
metes and bounds as required by the Planning Boards Rules and Regulations Governing
the Subdivision of Land.
2. Prior to any lots being released from the statutory covenants, the following
information shall be provided to the Planning Board:
A. Bonds shall be posted to ensure construction and/or completion of roadways,site
screening and other pertinent public amenities. These bonds shall be in an
amount as determined by the Planning Board and shall be in the form of a Tri-
Party Agreement, or Pass Book.
B. All proper documents and easements required through Condition # 1 shall be
in place.
3. Prior to a Building Permit being issued for an individual lot, the following
information shall be required by the Planning Department:
A. A stop sign shall be placed at the intersection of the proposed roadway and
Waverly Road. Further, temporary signs shall be posted at 350 feet in either
direction of that intersection which read, "Caution, Construction Vehicles in
Area."
B. Lot numbers shall be placed on all lots prior to the commencement of
construction.
C. All necessary permits and approvals for the lot in question shall be secured from
the North Andover Board of Health, and Conservation Commission.
4. Prior to a Certificate of Occupancy being issued for an individual lot,the following
information shall be required by the Planning Department:
A. All necessary permits and approvals for the lot in question shall be secureed from
the North Andover Board of Health, and Conservation Commission.
B. Permanent house numbers will be posted on dwellings.
C. An interim as-built, certified by the design engineer, verifying that all utilities
have been installed in accordance with the plans and profile shall be submitted
prior to the application of the binder coat of pavement.In addition,all required
inspection and testing of water,sewer,and drainage facilities shall be completed
prior to binder course paving.
D. The roadway must beconstructed to at least binder coat of pavement to properly
access the lot in question.
E. All slopes on the lot in question shall be properly stabilized.
5. Prior to the final release of DPW bond money,the following shall completed by the
applicant.
A. an as-built plan and profile shall be submitted for review and approval.To insure
compliance with this condition, a bond in an amount to be determined by the
Division of Public Works shall be posted prior to the release of any lots within
this subdivision.
B. The applicant shall petition Town Meeting for public acceptance of all streets.
Prior to submitting a warrant article for such petition the applicant shall review
the subdivision and all remaining work with the Town Planner and the Division
of Public Works. The Planning Board shall hold a portion of the subdivision
bond for continued maintenance and operations until such time as Town
�I
i
Meeting has accepted the roadways. It shall be the developers responsibility to
insure that all proper easements have been recorded with the N.E.R.D..
i
6. Any changes on the plans required by the North Andover Conservation Commission
may be subject to Modification under Chapter 41 by the Planning Board.
7. There shall be no driveways placed where stone bound monuments and/or catch basins
are to be set. It shall be the developers responsibility to assure the proper placement of
the driveways regardless of whether individual lots are sold. The Planning Board shall
require any driveway to be moved at the owners expense if such driveway is at a
catch basin or stone bound position. Certification by a Registered.Professional Engineer
will be required prior to the issuance of a Certificate of Occupancy.
8. Throughout the Right of Way, tree cutting shall be kept to a minimum in order to
reduce erosion and preserve the natural features of the site.Accordingly, a no-cut line
shall be located and marked in the field and approved by Staff.
In the event there is tree'cutting outside the right of way the developer in conjunction
with a registered arborist,or other professional as approved by staff,shall submit a tree
cutting and reforestation plan consistent with the provisions of Section 5.8 of the North
Andover Zoning Bylaws(The plan is only for areas of substantial cutting and filling)
to be reviewed,by the Planning Staff prior to the applicant receiving a permit to build
on any lot within the subdivision. This Plan shall explicitly include specific trees
to be retained. Also,the developer shall inform the Town Planner when any tree cutting
is to occur in order that the Planner may determine the need to be to be present.
9. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the
respective utility companies.
10. No open burning shall be done except as is permitted during burning season under the
Fire Department regulations.
11. No underground fuel storage shall be installed except as otherwise allowed by Town
regulations.
12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
13. The following waivers to the Planning Board's"Rules and Regulations Governing the
Subdivision of Land" have been granted through this approval:
i
14. Any location of utility poles shall not interfere with the sight distance along Waverly
Road.
15. A construction schedule for work within Waverly Road shall be provided to the Town
Planner and Division of Public Works for review and approval.
16. For areas in which the roadway does not exceed 5% granite curbing shall not be
required. However, a 3'grass strip shall be provided on the North side of the right of
way to separate the sidewalk from the roadway.
17. The following Plans shall be considered as part of this decision:
Plans entitled: Definitive Subdivision Plan,
Den Rock View, in North Andover
Scale: 1" = 40'
Dated: 1/20/92, revised 6/1/92
Sheets: One through Six, (1 - 6)
Prepared By: Christiansen & Sergi, Profesional Engineers
160 Summer Street
Haverhill, MA 01830
Prepared For: Bailey Family Realty Trust
499 Waverly Road
North Andover, MA 01845
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File
FORM C
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN'. _
4 t 19 Q 9 -
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 41, Section
81—L for approval of a proposed subdivision shown on a plan entitled
� PP P Po
Den Rock View
by Christiansen & Sergi , Inc . dated 1/20/92
being land bounded as follows: Northerly by Sutton and Bailey Family
Trust ; Easterly by Waverly Road and Fournier ; Southerly by Marengo
Street; Westerly by Blefast Street
hereby submits said plan as a DEFINITIVE plan in accordance" with the Rules and
Regulations of the North Andover Planning Board and makes application to-the
Board for approval of said plan.
Title Reference: North Essex Deeds, Book 789 ,Page 449 ; or
Certificate of Title No. , Registration Book , page ; or
Other:
Said plan has( ) has not(X) evolved from a preliminary plan submitted to
the Board of 19 and approved (with modifications) { )
disapproved ( on , 19
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
:Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance kith the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board. of Health, and all general as well as zoning by—laws of said Town,
as are applicable to the instal ation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shorn
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the sane. Said plan, profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and the covenants and agree—
ments herein shall.be binding upon all heirs, executors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installations and construction within two (2)
years from the date hereof.
Received by Town Clerk:
Date: 81tattfre of cant
Robert Bailey for
Time: Badley Family Trust
Signature: Address
499 Waverly Road , No . Andover
Notice to APPLZCAW/'TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled:
By: dated , 19
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the con—
struction of ways and the installation of municipal services within said sub—
division, all as provided by G.L. c. 411 S. 81—U-
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Boardt no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
4. 'Other -conditions:
i
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
The North Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
NORTH ANDOVER PLANNIM BOARD
Date: By: .
Eoz-IV
JOYCE BRADSHAW
COOLIDGE CONSTRUCTION CO.NWANoovER
401 Andover Street
North Andover, MA 01845 OCT 21 12 23 AM '9'7
(978) 687-0109
October 21, 1997
Ms. Kathleen Bradley-Caldwell
TOWN OF NORTH ANDOVER
Community and Planning Development
146 Main Street
North Andover, MA 01845
Dear Kathleen:
I would like to request that the escrow road bond for Den Rock View in the
amount of$10,000.00 plus interest be released to Coolidge Construction as soon as
possible.
If you have any questions feel free to contact me at the above telephone number
Very truly yours,
ohn F.rcGarry
COOLIDGE CONSTRUCTION
CO.,INC.
JFTvVsc
310 C'MR 10-99 Jt?yGE SkAvS AW
TOWN Ot:ER
Form 5 NORTH ANOMER
242-728
:r. (To,,aeo+wo or OEPf
Commanweattn 1 G�ro, , North Andover
= of Massacnusetts Coolidge Construction
-- aooi�cant
Den Rock View Subdivision
cc = Lots 1,2,3,4,6,7,8
UJ =L Order of Conditions r
MassaChusetts Wetlands Protection Ac.
G.L. c. 131 , §40
and under the Town of North Andover's Wetlands Bylaw, Chapte :17nc
North Andover Conservation Commission
Tc Coolidge Construction Oak Trust
(Narr,e of Ap.:iicantl (Name at proaer y owners
401 Andover Street 401 Andover Street
Aec,e_s No. Andover, MA 01845 Aderess No. Andover, MA 01845
This Crcer is:ssuec aria ceiiveret:as follows:
G ty nano ceiivery to ac=iicant or recresentative an (cafe
by certiiiec rnaii. return receiat recuesiec cn /-q'9,5 2/4-5- 222' qd (cote;
This Dro.ec:i5 icc�:ec a2 Den Rock View Subdivision, Lots 1,2,3,4,6,7,8. Map 26, Parcels 5,
rya e as
The::.,c--erty .s reccrcec at the Registry ct Deeds, North Essex County
occ„ 789 _Page 449
Cer-r,"icate of re^•�;e►e�;
The Notice cf Intent fcr this crCiec:was fiiec cn December 9. 1494 (c2te:
January 4, 1995
T cutiic nearing was =sea cn !date;
Fincincs
The North Andover Conservation Commission nas reviewec!rte anove-referericec vct:ce cf,
Intent anc:.tai^.s arta nas neia a cuaiic nearing cn trig.rcjec:. Szseo on trie inic=.ation 2vaawle is !me
NACC at this rale. the NACC has aeterrninec trtat
the area on wnicn:ne crceosea worn is to ee acne is signnicant to the totlowmg interests in aczcr canoe witn
the presun-:.t:ons of Significance set ter.t in the requiazons:cr ea=..Area Suaiec::o Prote_acn Uncer the
Ac:tc-acx as accrccnatel: Ch.178.R' PSevention of erosion and sedimentation
Puci;c water succiy Flooa comrof M Land containing snelltisn
Pnvate water sue:ay Storm carnage crevention Q Fisneries
( Grounc water suo>rty Preventton of potiunen Prote-on of wdd!ife n=,'=z
Ch. 17 Recreation
Total FiiinR =es Sub:ttrttec h' } � 0 Wildlif e Slate StareSEi?
C:tvr?own Share $887.50 ('F fee in excess c:`Z=+•
Tcta,. Retur-C Cue S C;tvr Town PeraOn S — State P^.rttCn S
(7J2 'Clad 0/1 10!21)
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. The wetlands should be re-flagged prior to the
extension request.
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 construction of 7 single family
houses which require disturbance of buffer zone to a bordering
vegetated wetland for development of houses, driveways and
grading.
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 Coolidge Construction, 401 Andover
Street, No. Andover, MA 01845.
(b) Plans prepared by Christiansen & Sergi Engineers, 160 Summer
Street, Haverhill, MA 01830.
9. The following wetland resource area are 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 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
12/2/94. 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 . [For projects that don't meet the 25/50 zones] The NACC
finds that the intensive use of the upland areas and buffer zone
proposed on this site to construct this subdivision 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 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. (See
Appendix 5 of the local Regulations. )
14. All catch basins shall contain oil/gasoline traps, and it
shall be a continuing condition of this order, even after a
Certificate of Compliance is issued, that the oil/gasoline traps
in the catch basins be maintained. All catch basins shall be
free of all accumulated silt and debris before a Compliance is
issued and the owner or his/her agent shall so specify in the
request for a Compliance.
15. This Order of Conditions is issued in addition to those
issued under File No. 242-711.
SUBDIVISION LOT DEVELOPMENT
16. Lot numbered 4 shall not be built upon as configured.
17 . 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.
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
works, 'Massachusetts Department of Environmental Protection,
File Number 242-728 It.
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 a 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.
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 a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed as
shown on drawings 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.
26. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 25 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 proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $15.000, ($3,000
per lot for Lots 2, 3, 4, 6, & 8) which shall be in all respects
satisfactory to Town Counsel, Town Treasurer, and the NACC, and
shall be posed with the North Andover Town Treasurer 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 3 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, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
parts of any of the foregoing.
30. No exposed area shall remain unfinished for more than thirty
(30) 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.
35. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
36. Members of the NACC or its agents 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. Not
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.
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 or 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.
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.
42 . 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, herbicides and
pesticides.
No foundation drains shown on plans--if drains are required within
100' buffer zone, they must be submitted to the North Andover Conservation
Commission as a modification to this Order of Conditions.
Issued By North Andover Conservation Commission
,a<
Signal rel j
This Order must be signed by a majority of the Conservation Commission.
On this 4th day of January 19 95 before me
personally appeared George 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.
.21,
Nota 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 len residents of the city or town in which such land is located,are hereby notified of their right to reouest the Department of
Environmental Protection to issue a Superseding Order,providing the reauest 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 10.03(7).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.
THIS ORDER OF CONDITIONS MUST BE RECORDED AT THE ESSEX COUNTY, NORTHERN DISTRICT,
REGISTRY OF DEEDS. PROVIDE PROOF OF RECORDING TO:
NORTH ANDOVER CONSERVATION COMMISSION
NORTH ANDOVER TOWN HALL
Detach on dotted line and submit tol"Qg4�; Wver Conservation Comm. prior to commencement of work.
...........................................................N0RT}{..A.H.Day.ER-fAA••4t 84.�....................................................................................................
To The North Andover Conservation Commission Issuing Autnonty
Please be advised that the Order of Conditions for the project at Den Rock View Subdivision, Lots 1,2,3,4,6,7,8.
Assessors Map 26, Parcels 5, 12-19 Dryad & Belfast
242— p?( Fcepw rai nfi Nnrhnrn Tli St and
r•de Number has been recorded at the Registry Of T)p PA C, � t- St.
has been noted in the chain of title of the affected property in accordance with General Condition 8 on--
It
n It recorded land. the instrument number which identifies mis transaction is
If registered land. the document number which identifies this transaction is
Sicnature Acoucan!
5-4A