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HomeMy WebLinkAbout- Miscellaneous - 76 TUCKER FARM ROAD 9/22/2022 A/W 12.6. 4. STBIMRT S SEPTI c TANK SERVICE )ZG Aoin Sf 47 RAILROAD STREET Na iIh A BRADFORD, MA 01835 "al Lie- IS/ -QG 4 978-372-7471 momu OF G c f6 b r I Y REPORT FOR T M OF _/J©A n rad vet z�TE ADaREss cALl Ns co*zm la 10-3- /a5 60c k-y 3rcbIC < /Q17t9 Df- l 00o 1� �o L166 win r 5�- Nno f c /qn lbdo 16�6 07970 /e 3f G- I c1�c Qc l� 10 n I s Ana f Q-r(j 4,-2 �t .756 ShprPr) cr.s pond "t'l. r5c�� 2URD OF H&a:-J Ej L-or N ol�TH Au pnvel�, M,4, A 9 p(-t CAN I_ -- wqt Erb s()P�V - 'bwnl D UJCU- 4PPROUED Xri S S StPTl c sy S T E,l VESI 6A3 1JP6<ou'N6 AUT-ioi? ry CDO )JPITiOti5= � !Pcl�ro�if raw T�rr� 1o�ror) D 154 PPPU VED 141 E PL stP'!C SY STEM i J S 1;O Q-,4Tl OAJ �=7�/,}U/J T�c►� )�.�c�� E.GTio�1 U/J�� C1 ►�i4 S S [� F'4��- FINAL IV5p6-�-1-100 4PPROOED /JTC ���S� �6P�i�viNG �(1�r+tOr�►TyC�� AVDITIDMAL- IAJ5i 6 (01,J "�'iy D sAppKUvEV D,a rC RCjSo NS FRAM APPROVAL DrO�� ���-�`� APPR0\/V6 /6U 1NoRI 1y(r J)ME'File No. 242-431 (To be provided by DEOE) Cil /Town NORTH ANDOVER. Commonwealth y t s_° of Massachusetts Applicant STEPHEN M. LEONE Lot 13 - Tucker Farm Road Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 1 31, §40 and under the Town• of North Andover Bylaw, Chapter 3.5 A & B From NORTH ANDOVER CONSERVATION COMMISSION To STEPHEN M. LEONE, TRUSTEE GREEN HILL REALTY TRUST (Name of Applicant) (Ns ne of property owner) 164 Mill Road 93 Saunders Street, Lawrence, MA Address North Andover, MA Address This Order Is issued and delivered as follows: ❑ Iby hand delivery to applicant or representative on (date) p by certified mail,return receipt requested on 4PptPmhPr 29, f 997 (date) This project is located at Lot 13 - Tucker Farm Road The property Is recorded at the Registry of Northern Essex 1974 205 Book Page Certificate(if registered) The Notice of Intent for this project was tiled on September 1. 1987 _(date) The public hearing was closed on September 23, 1987 (date) Findings The NORTH ANDOVER CONSERVATION COMMISSION has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based of 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 slgnl(Icant to the I=ollowing Interests In accordance with the Presumptions of Significance set forth in the regulations for.each AYca Subject to Protection Under the Act (check as appropriate): (�( Public water supply Storm damage prevention Private water supply K Prevention of pollution Ground water supply ❑ Land containing shellfish ❑ Fisheries IX Flood control 1 Therefore, the NACC herchy finds that the following conditions are necessary,.in accordance,wilh the Performance Standards set forth in the regulations, to protect those inter- ests checked above. The Nnrr 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 lot lowing 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'condiiions stated Herein, :and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or modify thin; Order. 2. This Order does not grant any property rights or r_ny exclusive privileges- it does not authorize any injury to private properly or invasion of private rights. 3. This Order does not relieve the permiltee or any other person of file necessity of complying with all other applicable federal, stale or local statutes, ordinances. by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the dale of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act: or (b) the lime, for completion Has been exlended to a specified date more than three years, but less than live years, from the date of issuance and both that dale and.the special circumstances warranting the extended time period are-set forth in this Order. 5. . This Order mny be extended by file issuing authority for one or more periods of up tralhree years each upon application to the Issuing authority al least 30 (lays prior to the expiration dale of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse rubbish or de- bris,.including but not limited to lumber, bricks, plaster, wire. Ia1H, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7,• No work shall be undertaken until all administrative appeal periods.f(om.tliis Order Have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. 8. 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 Ilse 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. o.be done. The recording information shall be submitted to the NACC on the form at the end of this Order prior to commencement 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'sizo bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number 242— � , 10. Where Inc Department of Environmental Duality Engineering 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. 11. Upon completion of lho 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. 12. The work shall conform to the following ptnns and special conditions: Page 3 ORDER OF CONDITIONS LOT 13 - TUCKER FARM ROAD D.E.Q.E. #242-431 12. The work shall conform to the following plans and additional conditions: a. Notice of Intent submitted by Stephen M. Leone (Trustee of Green Hill Realty Trust) , 164 Mill Road, North Andover, MA. , prepared by Anthony Ansaldi of Cameron-Bishop Engineering Corp. , Stoneham, MA. , dated August 27, 1987 and received by the NACC on September 1, 1987. b. Plan entitled"Plan of Land in North Andover, MA showing proposed site work and proposed wetlands protection work", numbered as #3987 and prepared by Cameron-Bishop Engineering Corp. , dated Sept. 1, 1987. 13. The following wetland resource areas are affected by the proposed work: 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 wildlife and recreation interests of the Bylaw. The applicant has not attempted to overcome the significance of these resource areas to the identified interests. 14. In advance of any work on this project, the applicant shall notify the NACC, and at the request of the NACC, shall arrange an on-site conference among the NACC, 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. 15. The applicant, or its successors, shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction during the work on the site and to ensure compliance with this Order. 16. Commencing with the issuance of this Order, and continuing through the existence of same, the applicant shall submit to the NACC a written progress report every three (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. 17. The applcant shall have on hand atthe start of any soil disturbance, removal or stockpiling, a minimum of twenty-five (25) hay bales and sufficient stakes for staking these bales. Said bales shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion, as described in the Erosion Control Plan submitted with the Notice of intent or the hay bale barrier described in Condition #18. 18. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stablized permanently against erosion. This shall be done either by sodding, or by loaming, seeding, and mulching according to Soil Conservation Service standards. If the latter course is chosen, stabilization will be considered once the surface shows complete vegetative cover has been achieved. Page 4 ORDER OF CONDITIONS LOT 13 - TUCKER FARM ROAD DEQE #242-431 19. After proper grading, all disturbed areas located within a resource area which will not remain as wetland areas, shall be loamed and seeded with not less than four (4) inches of good quality loam. Before seeding, ground limestone shall be applied at a rate sufficient to bring the soil test to pH 6.5. In addition, 10-6-4 fertilizer, or its equivalent, shall be applied at a rate of fifteen (15) pounds per one- thousand (1000) square feet, in accordance with Soil Conservation Service 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 using as topsoil the original wetland soil, soil removed from other permanently filled wetlands, or at least four (4) inches of good quality loam, and then seeded or planted with compatible wetland species and mulched with hay. 20. No earthen embankment in the buffer zone shall have a slope steeper than 2:1. 21. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be implemented at the direction of the NACC. 22. There shall be no stockpiling of soil or other materials within twenty- five (25) feet of any resource area. 23. During and after work on this project, there shall be no discharge or spillage of fuel, oil, or other pollutants into any resource area. 24. 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 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 and Bylaw cannot be pro- tected by this Order of Conditions and would best be served by the issuance of additional Conditions, then the NACC will call for anothbr 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 Conditons. 25. Any erors found in the plans or information submitted by the applicant shall be considered as changes, and procedures outlined above for changes shall be followed. 26. In conjunction with the sale of any lot within a resource area, the applicant shall submit to the NACC a signed statement by the buyer that he is aware of an outstanding Order of Condition on the development and has received notice under Condition 31 below. Page 5 ORDER OF CONDTIIONS LOT 13 - TUCKER FARM ROAD DEQE #242-431 27. The NACC shall be notifed in writing of any lot line or lot number changes with a copy of a plan showing these changes prior to any work on these lots. 28. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. 29. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 30. Prior to the issuance of a Certificate of Compliance, the applicant shall submit a letter to the NACC from a registered professional civil engineer certifying that the work is in compliance with the plans referenced above and all the Conditions hereof. 31. The provisions of the Order shall apply to and be binding upon the applicant, its employees, and all successors and assigns in interest or control. 32. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage, or any other form of damage due to wetness. 33. A proper bond or deposit of money or negotiable securities running to the Town of North Andover shall be provided in the amount of $2,000.00, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the Treasurer of the Town of North Andover 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 a continuing nature. This Condition is issued under the authority of the Town of North Andover Wetlands Protection Bylaw. 34. This Order of Condition is issued in addition to those issued under File #242-242. 35. No underground storage of fuel oils shall be allowed 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. 36. Fertilizers utilized for landscaping and lawn care shall be of the low nitrogen content variety, and shall be used in moderation. Pesticides and herbicides shall not be used within one-hundred (100) feet of a wetland resource area. * * * * * * * * * * Page 6 Lot 13 Tucker Farms NORTH ANDOVER Conservation Commission Issued By Signature(s) This Order Pried by a majority of the Conservation Commission. On this 23rd day of September 19- 87 , before me personally appeared Jack Lindon _, to me kno\9n to be the person described in and who executed the foregoing Instrument and acknowledged that tie/she executed the same as his/her free act and deed. otary Public My commission expires • S 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 tan residents of the city or town in which such land Is located are hereby notified of their right to request the Department of Environmental Quality Engineering to Issue a Superseding Order,providing the request Is made by certified mail or hand delivery I(5- the Department within tan days from the date of Issuance of this Order.A copy of the requ,ost shall at the samo time be sent by certified mall or hand delivery to the Conservation Commission and the applicant. If you wish to appeal this decision uJ'Ider the Town By Law, a complaint must be filed in Superior Court. Detach on dotted line and submit to the NACC prior to commencement of work. ...... .................._.....».................»....................................................................................................................................................... Issuing Aulhority Tt, — Please be advised that the Order of Conditions for the project a File Number` has been recorded et the neglatry of and has been noted In the chain of title of the affected property In accordance with General Condition 8 on 19 If recorded land, the Instrument number which Identifies this transaction Is It registered land,the document number which Identifies this transaction Is Applicant. Signdture