HomeMy WebLinkAbout- Permits #242-138 - 231 SUTTON STREET 12/4/1981 Fnhy 4
ORDER OF CONDI TIONS
W E T L A N D S P R 0 T . E_C T. I O N A C T
G. L. C. 1310 S. 40
CITY/TOWN NORTH ANDOVER FILE NUMBER 242-
NAIV Cash Ener Inc ADDRESS 200 Sutton
CERTIFIED MAIL NUMBER orth. Andy r, MA
01845
PROJECT LOCATION;
Address _ 231 Sutton St North A ver MA
Recorded at Registry of 1 Northern Essex , Book 1529 , Page 202
Certificate (if registered)
REGARDING :
Notice of Tment Dated. ^ Noyember ,� 81
and plans titled and dated
THIS ORDER :IS ISSUED ON (date) —_� egr 4 1981
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Pursuant to the authority of G. L. c. 131 , s . 40, the North Andover Conservation
Commission has reviewed your Notice of Intent and plans zdentt ied-�Tove,� and
E asµ- etei-mined that the area on which the proposed work is to be done is
significant to one or more of the interests listed in G. L. c, 131 , S . 40. Toya-i
of North Andover bylaws, Section 3. 5 A & B Wetlands Protection. The North
Andover Conservation Commission hereby orders that the folloying conditions
are necessary to protect say interests and all work shall be per�'armed in
strict accordance with them and with the Notice of Intent and plans identifi.od
CONDITIONS
al:ove_excc_pt,where_such_plans,are_modified_by_said 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 proviate 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 and/or regulations.
4. The ,,•ork authorized hereunder shall be completed within one (1 ) year from
the date of this order unless it is for a maintenance dredging project
s"bject to Section 5 (9) , This order may be extended by the issuing
uthority For one or more additional one-year eriods caper application
to the said ;issuing authority at least thirty (p30) days prior to the
ON ira� ion date of the order or its extension ,
-ORDER OF CONDITIONS CONTINUED_:`- - 2 - FILE NO.. 242-
Any fill used in connection with this project shall be clean fill ,
containing no trash, refuse, rubbish or debris, including without
limiting the generality of the foregoing, lumber, bricks, plaster,
wire ,lath, paper, carboard, pipe, tires, ashes, refrigerators,
motor vehicles or parts of any of the foregoing.
No work may be, commenced until all appeal periods have elapsed from
the order of the Conservation Commission or from a final order by the
Department of Environmental Quality Engineering.
7.. No work shall be undertaken until the final order, with respect to '
the proposed project, has been recorded in the Registry of Deeds ,-for
the district in which tkj�- land is located within the chain of title
of the affected property. The Document number indicating such
recording shall be submitted on the form at the end of this order
to the issuer of this order prior to commencement of work.
8 . A sign shall be displayed at the site not less °that two square feet
or more than three square feet bearing the works, "Massachusetts
Department of Environmental Quality Eggineering. Number 242- 138 ".
9. Where the Department of Environmental Quality Engineering is requested
to make a determination and to issue a superseding order, the Conser-
vation Commission shall be a party to all agency proceedings and
hearings before the Department.
10. Upon completion of the work described herein, the applicant shall
forthwith request, in writing, that a Certificate of Compliance be
issued stating that the work has been satisfactorily completed.
11 . The work shall conform to the following described plans and additional
conditions:
a. Notice of Intent and Environmental Data Form submitted by Mark
Henry dated November 6, 1981 six (6) pages.
b. "Building Addition for Cash Energy, Inc. Site Plan" by Eric I.
Brainerd dated November 16, 1981 and revised November 24, 1981,
One (1) sheet.
12 . An easement along the entire length of the lot from Sutton St".
south. to Perley - Road drain shall be granted to the Town of North
Andover for purposes of maintaining this drainage.
13. A row of staked hay bales shall be placed between all construction
areas and Wetland Areas, and shall be maintained until all construction
on this site is completed. Upon completion of work, all accumulated
sediment shall be removed from Wetland Areas, and from the hay bale
chock dam.
2a •
ORDER OF CONDITIONS : 231 Sutton St. 242-138
14. Upon completion of work, all altered areas shall be stabilized
as soon as practical to prevent erosion and sedimentation of
wetland areas.
15. All erosion prevention measures, and sedimentation protection
measures found necessary during construction by the NAC(; shall
be implemented at the direction of the NACC, including, but not
limited to, the placement of hay bales at potential sedimentation
points.
16. Any changes in the submitted plans or Notice of Intent or changes
resulting from the aforementioned conditions must be submitted to
the NACC for approval prior to implementation. If the NACC finds,
by majority vote, said changes to be significant and/or to deviate
from the original plans, Notice of Intent, or this Order of
Conditions to such an extent that the interests of the Wetlands
Protection Act cannot be protected by this Order of Conditions
and would best be served by the issuance of additional conditions,
then the NACC will call for another public hearing within 21 days,
at the expense of the applicant, in order to take testimony from
all interested parties. Within 21 days of the close of said
public hearing, the NACC will issue an amended or new Order of
Conditions.
17. Any error found in the plans or information submitted by the
applicant shall be considered as changes and the procedures
outlined for changes will be followed.
18. In addition to the requirements . of Condition No. 10, the
applicant shall submit a letter from a registered professional
engineer certifying compliance with this Order of Conditions .
19. The provisions of this Order shall apply to and ,)e binding upon
the applicant, its employees, and all successors and assigns in
interest or control .
ORDER OF CONDITIONS CONTINUED,, , - 3 - F11I-E NO. 42- 13g
The Applicant, any person aggrieved by this order, any owner of land
i .;,.\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 appeal this order of the Department of Environ-
mental Quality Egnineering provided the request is made in writing and
by certified mail to the Department within ten (10) days from the issuance
off, this order.
ISSUED BY NORTH ANDOVER
CONSERVATION COMMISSION
WoOn this 4th day of December 19 8f me ersonaIIy
appeared James R. Lafond to. me
known to . e , .t a person described in-, and who executed, t e foregoing
instrument and , acknowledged that he executed the same as his free act and
deed. •. ; :
My Commission expires'
�
DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO
COMMENCEMENT OF WORK.
To NORTH ANDOVER CONSERVATION COMMISSION (Issuing Authority)
PLEASE BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PROJECT AT
FILE NUMBER 242- HAS BEEN RECORDED AT THE
REGISTRY OF ON (DATE) ,
. If recorded land, the instrument number which identifies this transaction
is
If registere an , t e document number which identifies this transaction
is
Signed
Applicant