HomeMy WebLinkAbout1969-10-15 Conservation - NOI 1976 {
CONSERVAi`ION COMMISSION
NORTH ANDOVER, AIASSACHUSLITTS 01845
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may 14, 97 1 6
Planning Board
Town Office Building
North Andoverp Ma.
Gentlemen:
The Conservation Commission currently has under advisement a "Request
for Determination of Wetlands Act Applicability" for a subdivision entitled:
Spinning When) Estates, off Boxford. and. Forest Streets.
Tn reviewing the plans, it was noted that the subdivision was approved
by your Board. in 1969 but that no development has as yet taken, place. With
the "Request" before us, it seems to indi.cote that, the project has been. re—
activated. We wish to bring this to your attention in the event that you are
unaware of this.
Very truly ,yours,
CON 7T+'.FtvAT.T.ON COMM.USTGN
Patrioia C. Trembly, Chairman.
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WETLAND PROTECTIUN ACT
G .L .c . 131 MO
FILE' Ni31''3ER . P/F2---15 No, ..: duvar'F
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RE : NIOTICE OF INTENT AND PLAHS DA` ED:6/11/76 DATE OF RECh I PT By / �
DATE OF PUBLIC HEARING: 6/30/76
COIF Si-�}ZVA'.i.IVN C[�1"13�f C S S IO�I : 6 1� �
:I� 'Pli 11PIDOVI R CUIl1S RVAT ON,�.} J' `to t=he authority of G. L. c . .131 s. 4O, the_ _ __� _.— _._ _ .
�,c ,1fI,� 01I _ _ _has considered your notice of�Interl and plans
submitted therewith, and has determined that the area on which the
proposed work is to be done is significant to one or more of the interests
described in the said act . TheNOI{111 AI DO ER CO.If;ERVA'I'.T_ON C01411SST0N
hereby orders that the following conditions are necess,iry and all work
most be performed In strict conf Imance Khnr-rWKh :
COiJT)-t_TJ_c�NS
1. ..._-y,11ur e to (_agjly with all cc VdiKons soot, d h,_ upin, "d with all
related st:,ai.u#_c s and ut_h r regulatory measures , shall be d timed cause
V 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 permUtee or any other person of the
necessity of complying with all other applicable federal , state, or
local : tatutwes, ordinances, by -laws and/or i:OUMat:Ons .
4 . I'h(? 1' C�ciC 11t:',l{ir1: C_'d I1:' "r_Llllat..L iI� 3l1 1�(� i.i h n one (ly year
�Ji_i,7 c i. r3=.tr ;.,y i,>(� __•:i_ .'�. .i=.'c3 by t-he
is:()iil the Alto rat this ,�r . I'irr_ i
i-S,-.Ui.i'rg "Ahouii_y for "ne or Mo e add it! t nal -n -year Pei. iods Capon
ppl-:i_c_at ion to the said issuing authority at least thirty flays prior
to the expiration, date of the order or its extension.
5 . Any fill used in connection with this project shall be clean fill ,
containing no trash, refuse, rubbish or deb]-is, including, without
limiting the generality of the foregoing,going, lumber, bricks, plaster,
wire, lath, paper, cardboard, pipe, tires , refrigerators,
motor vehicles or parts of any of the foregoing.
6. No work rt;ay be commenced until all appeal periods have elapsed from
the order of the Conservation Commission or from a final order by
the Department of Natural Resources has elapsed .
i
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c ONDTTTONS CONTTNIJED PAGE 2 ),-ri,F NO .
7 , No work sha 11 be undertaken anti 1 the f i na l 01:c3c:r, wi th r.-e:�pc:ct `
to the proposed project, has been recorded in the Registry of
Deeds for the district in which the land is located . Copy to
be furnished to issuer of this Order showing book and page.
B. Upon completion of the work described herein, the app] icant
shall forthwith coquest, in writing, that a Cr=r ti of
Compliance be issued stating that t-he work h.-is lac-(-n :,ai .z,;f actor i ly
completed .
9 . A sign shall be displayed at the site not less than Lwo square
feat or more than three square feet bearing the %,.,ords,
"Massachus 4 t 5Departmer-jt of Natural Resources, file
Number
10. Where the Department of Natural Resources 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
befor-e the Department of Natural Resources .
11 . The work shall conform to the following described plans and
additional conditions :
Notice of intent and Efivirorimcntal D,:tta Porrn Jiine 11, 1976
Fnclo,_;ure `l Approval of No. Andover Planiiin& Doarfl of Subdi.vi: i.on t].atcd Oct. 15, t9`(6
Enclosure #2 Proposed sitc mocli f .cati_ons
1�ic.losu.re 3 Related off site i;�odi_.tiicat cx]s Lots 15 & 16)
tncl,osure ,,�4 Related offsite r�rodifica-Lions (lot 20)
E�iclosure 7#5 - USDA soil types
12. Votwithstanding the provisions of condition number seven of Lhis Order, no i.rork shall
be undertaken u.nti.l the final Order has.been recorded in the appropriate Registry of
Dceds ixider the name of -the record owner of the property so that thi_. Order tiaill be
found in the chain of title.
13. :>h,),l.l be. rubs:Ji.tted to the No. Andover Cori sea:•va,tion Commission with a copy to
the I.To. Aiir.].over Manning Board oha=-*ingr changes and- modifications of the Original.,
approved sizixii.vis on plan (approved Oct. 15, 1969) impo,-.ed by tl)i,s 0r(3cr and 1)y the
Aso. r^.))c]ovcr Planning ]3or�rd, June, 1976.
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CONDITIONS CONTINUED PAGE: 3 FILE WO. 2,A2--1 l'
I
The applicant, any person aggrieved by this order, any owner of
land abutting the land upon which the propos d t/ nyk is to be done, or
any ten residents of €she city or town in which sQc_h lend is Wc_ated,
are hereby notified of their right to ,appeal this order to the
Department of Natural Resources, puovided the request is made in 'writing
and by crel i.if:ied !Vail to the Department of Natural Resources within �
ten (10) days front the issuance of this order.
ISSUED E3D BX_ p,_.,!UD0VLR C0NSERV1t'I'r���1„CYir]?F OSION
Pa'tr%�c'a C. Trombly_-
DATE OF I>XE: July 13, 1976
J' s0plr D'.r n el n
o r r 1 t
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Ox7 this ° 7-k day of �u (,� 1.9 before me personally
appeared . ��il/_�'..c_� lH :.< .f l'., cr,� 11,
to ��ze R.noN,,,n to Iae the per}on dc,�cr i.l- -in and who4 Oxecuf ed Lhe foregoing �
instrument and acRnowledged that he executed the same as his free act
and deed.
I
My commission
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THE CC!.?-,ONWF.AL`'_'fi OF t!ASSAC HUSFTT5
DETERMINATION OF APPL1CAR11,1TY OF THE WK"LAND PROTECTION ACT
CHAPTER 131 , SECTION 40
Joseph J. Flynn, Inc. DATE
TO: P.O. Box 385 41 Second Street May 25� lg b
North Andover, Mass. 01845 _
NORTH ANDOVER CONSERVATION
pursuant
COMMISS gN to the authority
of G . L•lhas3consi,deredeyour request for a
_..___— ,
determar,ation of applicability together with the plans submitted with
it and has made the following determination:
1. / / The area shown on the plans is not subject to the Act.
2. f / The entire area shown on the plans is subject to the Act
and shall require a filing of the Notice of Intent.
34 Av only the area described below is subject to the Act and
shall require a filing of the Notice of Intent:
,•,, F r 4L;.7/ - t ,C_
4 . The determination that the work is not subject to the Act shall
expire within one (1) year from
5. This determination does not relieve the person requesting the
determination from complying with all other applicable federal,
state or local statutes, ordinances, by--laws, and/or regulations.
6. Failure to comply 1,1ith this deme�suresi�halland
bewith
deemed caused related
to
statutes and other regulatOry
revoke Or modify the said determination.
7. No work may be corrimenced under this determination until all appeal
periods have elapsed.
ISSUED BY: NORTH ANDOVER CONSERVATION
Where the Department of Natural Resources issues a superseding determin-
re hereby notified of your right to a formal hearing provided
ation, you a
from the date of the superseding
it is made within -ten ( 10) days
determination of the Department of Natural Resources ,
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