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HomeMy WebLinkAboutHILLSIDE REALTY TRUST i FU 370 CAR 10.99 JOYCE Eye A TO G L Form 5 N4RTV1 A. IDOVER Do 00 242-7700— a.No. Commonweattn cay.Town North Andover f Massacnusetts Hillside RealtyTrust o aoalicunt Meadowood III Order of Conditions Massachusetts Wetlands Protection Act O.L. c. 131, §40 and under the Town of North Andover's Wetlands Bylaw, Chapter 178 From North Andover Conservation Commission Te Hillside Realty Trust Same (Name of Applicant) (Name of property owners P.O. Box 6700, Suite 209 Adcress No. Andover, MA 01845 Address This Creer is Issued and delivered as follows: (� ❑ by hand deliveryto aapficant or representative on L (date! ❑ by certified maii. return receipt reouestec on (dateI This oroject is located at Lot Nos. 4,5,6,7,8,9,10,11;14,15,16 Bucklin Road/Emerson oa Peterson oa The-.rocerty .s reccrced at the Registry of Deeds, North Essex 1232 150 80o 1191 page 287 Y Certr"icate (if rec ste►ed) The Nonce of Intent for tnis project,was filet on May 20, 1994 (Cam" The outfit nearing was closed on September 7, 1994 (date! Findincs The NACC has reviewea the at3ove-referenced Notice of Intent anc cans anc nas nese a«=otic.neannS on the.,cje_t. Sasea on the Information avaiiante tc me NACC at this time.the NACC has oetermined that the area on wn:cn the orcoosea worts is to ce cone is significant to use following interests in acccroance wctri the PtESUlT D:SOrlS Of Significance Set fOrin In. e regulations for each Area Suclect to Prote=in Uneer the Ac:=scx as acerccnatel: Ch.178 Q Prevention of erosion and sedimentation Put:iic water sue=iy 1 Flood cornroi C2 Land containing snelifisn Pnvate water supply Storm damage crevention Q Flsneries Ground water supply Prevention of potiutton Pros� tean of wildlife nabitat Ch. 17Wq Wildlife Ch.17� Ike, a on Tmat Hing =ee Sudrrutied State Share �1�� Citw7own Share $4137.50 (1h fee in excess cf S2=i Total Refunc Due S City/Town Portion S State Portion S (1/2 total) (1/2 total) 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 a twenty-seven (27) home subdivision with dwelling, roadways, drainage structures and appurtenances. 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 Hillside Realty Trust. (b) Plans prepared by Merrimack Engineering services, Revision 2, dated 8/22/94. #242-700 Meadowood III 3 9. The following wetland resource area(s) is (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 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 8/22/94. 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 . The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site to construct a 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 thirty (30) 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. ) Except at lots 16, 17, 18, 24, 25, 26, 27, which will have a 15 ' no disturbance zone. The landscape wall shown shall be at least 2 ' high and be placed at any point where disturbance is closer than 251 . This includes extending it on Lots 16 & 17. PRIOR TO CONSTRUCTION 14 . 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. 15. 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 #242-700 Meadowood IIT 4 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. 16. 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 242-70011. 17. Any changes in the submitted plans caused by the applicant, another Board's decision orresulting 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. 18. 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. 19. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 20. 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. 1242-700 Meadowood III 5 21. 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 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 erosionpreventionand sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. 22. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 50 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. 23. A proper bond or a deposit of money running to the Town of North Andover shall be provided in the amount of $37, 000 (9 homes @ $3, 000 each; Roadway $10, 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 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 24. Upon beginning work, the applicant shall submit written progress reports every month 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. 25. 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. 26. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. #242-700 Meadowood III 6 27. 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. 28. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 29. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system'or wetland resource area. 30. 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. 31. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 32 . 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. 33 . 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 novehiclerefueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 34. 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. 35. 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. 4 #242-700 Meadowood III 7 36. 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. 37. 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. 38. The following special conditions shall survive the issuance of a Certificate of Compliance for this project: 14. Maintenance of catch basins. 33. Discharge or spillage of pollutants. 34. Prohibition of storage of fuels underground. 35. Limitations on the use of fertilizers, herbicides and pesticides. Issued By Nort n ve Conservation Commission Signature(s) - f J T Is Order must be signed bymajority of the Conservation Commission. q On this day of 19��, before me personally appeared "ft C-# to me known to be the person described In and who executed the foregoing instrument and acknowledged that he/she executed the same as hislher free act and deed. . otary Public My commission expires The ariDlicant,the owner.any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be done.or any ten residents of the city or town in which such land is located.are hereby notified of their right to request the Department of Environmental 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 10.03(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. Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work. ................................................................................................................................................................................................................... North.Andover Conservation Commissgibn To Issuing Authority Please be advised that the Order of Conditions for the project at Meadowood III File Numoer 242— 700 has been recorded at the Registry of Deeds, North Essex and has been noted in the chain of Ude of the affected property in accordance with General Condition 8 on 19 If recorded land. the instrument numoer which identities this transaction 18 It registered land, the document number which identifies this transaction is Sicnawre Acolican' 5-4A