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HomeMy WebLinkAbout242-303, 1260 Salem Street (Lot 10) OOC - Permits #242-303 - 1260 SALEM STREET 10/1/1985 .,k . -QE File No. 242-303 t (To be provided by DEQEy. �. :_.._ North Andover:,,. :i - =" Commonwealth City/Town of Massachusetts Forbes Realty Tr_i Applicant. "I L • Order of Conditions Massachusetts Wetlands Protection Act rl. and under the Town of North Andover- Bylaw, Chapter '3.5 A' & B , > From North !1n>!o-upr C'nnc�rtr�r; r„, rQ , ss • Forbes Real't Trust same r# To Y (Name of Applicant) =(Na.ne of property owner) f; 401 Andover Street_. Nor t:h Andover, NIA 01.845 Address Address 3. This Orders issued and delivered as follows �. (date) O tby hand delivery to applicant or representative on 'i C] by certified mail,return receipt requested on 9r 1 °5 - (date) r' .i f This project Is located at Lot 10 Sal'em Street The property is recorded at the Registry of North P c c a--r Book 1382 Page 206 Certificate(if registered) The Notice of Intent for this project was filed on July 2 1985 (date) ;xu ! July 24, 1985 The public hearing was closed on (date).: : ,k. �y Findings The has reviewed the above-referenced Notice.o Intent and plans and has held a public'hea. ng on the project. Based or:the information'available to the NACC, at this time, the NACC has determined that the area on which the proposed work is to be done is significant t- the •ollowing Interests in accordance with the Presumptions of Significance set forth in the regulations far each A.• a Subject to Protection Under the Act (check as appropriate): lA Public water supply 10 Storm damage prevention ® Private water supply O Prevention of pollution 17 Ground water supply O' Land containing shellfistr O Fisheries Flood control ' 242-303 95 S' z NACC rt i ' Therefore. the ' ' hereby finds that the following conditions necessary, In'accorclance with the Performance Standards set forth In the regulations. to protect those inter�� ests checked abovo.�ho 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 lol.•,t lowing conditions modify or differ from the plans,specifications or other proposals submitted with the Noilce l of Intent, the conditions shall control. ' General Conditions 1 ' 1. Failure to comply with all conditions stated horeln, and with all,relatod statutes and other regulatory,meas- ures, shall be doomed cause to revoko or modify this Order. :';+ r;,,;f'•i. 2. This Order does not grant any property rights or any excluslvp privileges; it door not authorize'arry Injury,' to private property or Invasion of private rights..' '•`�' 3^ ^•Thts Order does not rollovo the portnittea or any other person of the necessity of complying other applicable federal, state or local statutos,ordlnancos,'by-laws or ro©uLmtlons. 4• The work authorized hereunder shall be completed within throe years from the data of this Order unless , ailho�of the following apply , (a) the work Is a maintenance dredging project,as provided for In the Act; os (b) the time for completion has been extended ton specified data more than tree years, but less than, five years, from the data of issuance and both that dalo'and the special clrcumstances warranting the extended time period are sat forth In this Order, 5. This Order may da extended by the Issuing authority for one or more periods of up•to three years each':i upon application to the Issuing authority at least 30 days prior to the expiration date of the Order. ;':�;; 8. Any fill used In connection with this project shall be clean f111, containing no trash, refuse, rubbish of de- bns, including but not limited to lumber, bricks,•plaster,wiro,lath. papor, cardboard, pipe, fires,ashes,, refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertakon until all administrative appeal perioda Prom this Order have elapsed or, such an appeal has been flied,,until all proceedings.before the Department have been completed.,•',�..:w:�. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or.the Lan< - Court for the district In which the land is located,within the chain of ;Me 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 workis to be'dodo. 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 • • NACC _..- •. • ' the proposed work is to be done.The recording Information shall be submitted tb the on the form at the end of this Order prior to commencernet t of the work. 9. A sign shall be displayed at the site not less than two square feet or,more than three square feet in sltea . '- bearing the words,`.Massachusetts Department of Environmental Ou.allty Engineering, File Number 242-303 10.Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings'i and hearings before the Department. - - 111. Upon completion of the work described herein, the applicant shall forthwith request in writing that Certificate of Compliance be issued stating that the work has beeh satisfactorily completed. ? 12,The work shall cynform to the following plans and special conditions: N ORDER OF CONDITIONS: LOT 10 SALIM STREET a. Notice of Intent of Forbes Realty Trust/Prepared by Christiansen Engineering, Inc. ,/Dated July 1, 1985/Eight (8) pages. b. Plan titled. "S ubsurface Disposal System" Lot 10 Salem Street, North Andover, AIA/Prepared by Christiansen Engineering, Inc./Dated April 30, _.._ _ ....., 198.5, revised June 25, 1985/Two (2) sheets,. (1 0£ 3 and 2 0£ 3) . 13. The NACC has determined that the plans submitted under this filing, and also under filings for lots 8,9,11,12,13 and 14, contained certain inaccuracies which make it difficult for the NACC to evaluate the proposed work, (i.-e. inconsistent delineation of wetlands and buffer zones) . Therefore, prior to any work being done on this lot, the following shall be .submitted to the NACC for, its approval. r a. Revised plans, drawn accurately, and to scale, so that the NACC can match the plans for all the above mentioned lots in order to determine the overall wetlands configuration, flow direction, and size. b. Or, one plan, combining all lots,,::with•wetlands and buffer zone delineated., as well as houses, drives, and associated appurtenances. c. and a plan and calculations, showing how the applicant intends to decrease, or maintain at zero, the rate of runoff., for this individual lot. ' d. 'Or, rather than item 13c, the appliant may provide an overall plan and. . <` calculations, showing lots 8 - 14 (inclusive) , and those measures which will be imployed to maintain at zero, or ,decrease, the change in the rate of runoff 'for the entire area (lots 8 - 14 inclusive) . = 14. . Upon receipt of the above required information, the NACC, if necessary, shall issue, within 21 days, additional conditions necessary to adequately protect adjacent wetland areas. 15. . The provisions of this Order shall apply to and be binding upon the applicant, its employees, and all successors and assigns in interest or control. 16. Prior to the issuance of a Certificate of Compliance, the applicant shall "Y submit a letter to' the Conservation Commission from a registered professional engineer certifying that':the work is in compliance with the plans .referenced above and the conditions stated above. 11. A9embers of the NACC shall have the right to enter upon and inspect the premises to evaluate, compliance with this Order of Conditions. 18. Accented engineering and construction standards and procedures shall be followed in the completion of the project. l P , ORDER OF CONDITIONS: Lot 10 .SALal STREET 19. Issuance of these conditions does'not in any way imply or certify that the site or down stream areas will not be' subject to flooding, storm damage. or any .other form of damage -due to uretness 20. " Upon completion of constructionaand grading, all areas shall be stabilized. " permanently against erosion. This shall be clone either by sodding, mulching according to Soil Conservation Service standards, or by loaming and -seeding. L' -'- If the latter course -is- chosen stabilization will be considered once .the, °r surface shows -complete 'Vegetative cover has been achieved. 21. - All erosion prevention and sedimentation protection measures found necessary during construction by the North Andover Conservation Commission will'`'be implemented at the direction of the;NACC or' Highway Surveyor. 22. Any changes in the submitted plans;. Notice of Intent or 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 'arid/or '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 Conditiong. .23. Any errors found in the plans:",,or information submitted by the applicant shall be considered as changes and procedures outlined for changes shall be followed. :4 = � 20-303 " issued By North Ponclover. Conservation Commission Signature(s) ' G This Ord r must be signed by majority of the Conservation Commission. On this i s t day of 0C t�obe r 19_ , before me personally appeared (Yll.'L _le _I ViCCri5 ;p me known to-be the person described in and who executed the foregoing instrument and.ackno Ilea,red that he/she executed y the same as his/her free act and deed. -mm- Notary?ublic - My commission expires The epplicent,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 Department4' of Envlronmen,al Ouality Engineering to Issue a Superseding Order,providing the request Is made by certified mail or hand delivery 10 the Department within ten days from the date of Issuance of this Order.A copy of the request shall at the same time be sent by certified a ----- mail or hand delivery to the Conservallon Commission and the applicant., • i �•. jam. `9 `.Y;A, • Detach... on dotted line and submit to.the .•.•..'..•...•..•.'-..•••..••.................•.•............................... ..•.•••Prior to commencement of work. .. (Issuing Aulhonly To i Please be advised that the Order of Conditions for the protect a # r' File Number has been recorded at the Registry of and -• - t Tr'A has been noted in the chain of title of the affected property In accordance with General Condition 8 on It recorded land, the instrumerif nt..ober which-identifies this transaction Is s "3 If registered land,the document Ni ember which identifies this transaction is r Applicant f •:' Signature �. --Applicant 3 ;•. `'*;:fir