HomeMy WebLinkAbout1985--04-26 Order of Conditions DEF SUB c''OE Fito No. 242-2 79
(To be provided by DEQE)
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. Order of Conditions ;}
Massachusetts Wetlands Protection Act
_.._. GL.L. c. 131,,§4.0
Find under the ';down' of. North Andover B law,- Chapter 3.5 A' & S
Nori.l1 �(1. 1do\rn1:. Cons ervr: i:i_on Cornifl-ssi.nrl
From
or�J_ i_c1sFc7 IZc�;ti,].i.y `L'i ��st S;i_.dney Colt�in'.1n
To , ;i
Ne�ne of roe owner f
(Name of Applicant) ( property�Y )
40.I, iAt�dc>vcat 5i a_ect 247 Fai-t.�urn St;r_eeL' "',:,•
north i'indover, HA 01845 Address North Andover. , 11111 01845
,Address
This order's issued and delivered as follows;
CI lby hand delivery to applicant or representative on (date)
111_lgusl, 22 , 1.985 (date)
C] by certified mail, return receipt re nested on .. T a -
This project islocated 8fiannon Lane (Lo s I 5 • Johnson & }!arnurn, Streets )
The property is recorde�,,dt-tile-Registty of North Ls s e x
Book ]:2 3�i - --Page 741
- Certificate(if registered) '
June '4; 19 8 5 (date)
The Notice of Intent for this project was filed on (
1.985 12,
The public hearing was closed on June .. (date) . .
Findings
The North -Andover Cons ervati.oTl' '(;om1n. has reviewed the above-referenced Notice of
Intent and plans and has held a public'hearing on the protect. Rased o€i'the'lnformatlon available to the
mm NACC at this time, the _ Nl1CC has determined that
the area on which the proposed work Is to be done Is slgniiicant tr)the following interests In accordance with
the Presumptions of Significance set forth in the regulakions for each p,.',•;na Subject to Protection Under the
Act(check as appropriate):
1� Public water supply ,M Storm damage prevention ..
Private water supply * j Prevention of pollution'
0 Ground water supply [^3' Land containlnq shellflsh
❑ Flood control ❑ Fisheries { �,
D
l IG Mai
PLANNING 1NG QRD
SANNON LANE
Therefore, the, NACC hereby finds that the following conditlona afe
necessary,In accordance with the Performance Standards set forth In the regulations, to protect those inter-
ests checked above.�he 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 fol?.
lowing conditions modify or differ from the plans,specifications or other proposals submitted with the Notice
of Intent,the conditions shall control.
^� Ganeral Conditions
1. Failure to comply'wlth all conditloris stated herein,and with all relatod statutes and other regulatory mess.
urea,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, Tha work authorized hereunder shall be completed within threw years from the date of this Order unless
elthe�of the following apply: s
(a) the work Is a maintenance dredging project,as provided for In the Act; or
(b) the time for completion has been extended to a specified date more than twee years, but less than
live years, from the date of Issuance and both that date and the special circumstances warranting ;r
the extended time period are set forth In this Order, • . ;
5, This Order may be extended by the issuing authority for one or more periods of up'to three years each
upon application to the Issuing authority at least 30 days prior to the expiration date 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, lath,'paper, cardboard, pipe, tires.ashes, 's
refrigerators, motor vehicles or parts of any of the foregoing.
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7. No work shall be undertaken until all administrative appeal pedoda prom this Order have elapsed or,if
such an appeal has been flied, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been re nordod in the Registry of Deeds or the Uind I
Court for the district in which the land is located,within the chain or ;Rle 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 Tltle of the owner of the land upon which
the proposed work is to be done.The recording Information shall be submitted to the
on the form at the end of this Order prior to commenceme9t 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 size
- bearing the words, "Massachusetts Department of Environmental Du,illty Engineering,
File Number 242--2.79 M
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 ;
and hearings before the Department.
11 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 beep satisfactorily completed.
12. The work shall c�mform to the following plans and special conditions:
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5.2 ,
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ORDER OF CONDITIONS : Shannon Lane
2/0-279
Notice of Intent saibmiLted by Coolidge Realty Trust prepared
by Chr:i_stiansen Engineering, dated June 4, 1985 . Forty-seven
(47) slaeets .
1). Plan entitled "Definitive Subdivision flan of Shannon Lane"
prepared by Christi-ansen Engineering stated April 26 1985 ,
revised May 11 , 1.935 . Four (4) sheets (No. 2 , .3,4, 5� .
c, P lm-a entitled "Drainage Plan of Lot 5 Shannon Lane in North
Andover" preparod by Christiansen Engineez.i_aag dated July 91
1.93 a .
13. 13oc,ausn of ,an apparni-tt discrepancy between the w(A-I ands in the
f iolcl awl 1--hoso shomi on the plans ', on Lot No. 5 tlae pl oposed
W01--k fear Vii i_,s lot, Is ne7t approved under this Order of.Conditions
,anal shall require a new and separate Notice of Intent.
14. A rovlsecl plan sli al_I l->e submitted showing the seasonal stream
t larough Lots 2 aaaci 5 prior to start-: of constriwt.i.oa-I on this lot.
15 . Prior to any constructi-on on the site, a double row of staked
h,ay b,al.es sli all be placed between all construction areas and
wetl«nd t-are,js as slaotan on ti-e plan noted above (coedit-j-on 12 ) .
1 G. Upon comp.l.e t i_on of cogs true t:ion and grading, all tre as shall
lie st.;.lbili_zed permanent-Ty against erosion. This sh�:tll be clone
either- by sodding, mulching according to Soil Conservation
�ervi_a,c� 0_- a.aadards , o)-_ by l:oaming and seeding. if the latter
course, is chosen, st,:ab.ilizati.on will be considered once the
surface shows. cotnplete vegetative cover has been achieved.
1.7 . �',1_l erosion prevon Lion and sedimentation protection measures
Enimd nocess,-ary during- construction by the North Andover
Cow-,erva.t.i_on CoaYlrnissi_on te1_11 be implemented at t-he direction
of t he Mf%cc or 1-Iighway Surveyor.
1.3 . Any changes in the submitted plans , Notice of Intent, or re- "
salting from the aforementioned conditions must be submitted
I..o the NACC for approval prior to implementation. If the NACC
finds, by majority vote, said changes to be significant and/
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 Ccnndi.t.i.oras m-d wozlid hest: he served by the, i.s saaallce of,
additional conditions, then the NACC will call for another
public hearing within 2.1. clays , at the expense of the applicant-
in order to take testimony from all. interested part-'Les . Within
21 days of the close of said public hearing, the NACC will issue
an amended or new Order of Conditions .
- 3 -
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ORDER OF CONDITIONS : Shannon Lane
242--279
19, ' The provisions of this Order shall, apply to and be binding
upon the applicant, its employees , and all successors and
assitns W interest or control..
20. Prior to the issuance of a Certificate of Compliance, the
applicant; shall submit a letter to the Conservation Comm-
ission frmn a registered professional engineer certifying
that the work is in compliance with the plans reCer_enced
above and the conditions stated above .
21 . Hembers of the NACC shall have the right to enter upon and
inspect the premises to evaluate compliance with this Order
of Conditions .
22 . Accepted engineering and construction standards and procedures
shall be followed in the completion of the project.
23. Any errors found in the plans or information submitted by the
applicant shall be considered as changes and procedures out-
listed for, charges shall be followed.
24. A surety performance bond or leCter of credit running to the
Town of North Andover shall be provided in the amount. of
05, 000. 00 which shall be in all respects satisfactory to Town
Com"sel and the North Andover Conservation Commission and shall.
be posted with Lhe Treasurer of the Town of North t. Andover before
comweiicement of work. Said bond or letter of credit shall be
conditioned on the completion of all Conditions hereof: , shall
be signed by a panty of parties satisfactory to the Conservation
Co t,"rt.€.sslon and Town Counsel, and shall be released after com-
pleUon of the project , provided that provision, satisfactory
too Lhe Coi nn i_s s i.on, has been made for performance of any con--
d €.t~..€..ons which are of a cortUnuing [nature.
.y v
e 4_
SHAINHUN LANE:' 242-279
Issued By Noz Ui Aiidover Conservation Commission
Signature(s)
This Order must be signed by a majority of the Conservation Commission.
On this 21rd day of r s " 19 5 , before me
personally appeared , to me known to be the
person dascrihed in and who executed the foregoing instrument and acknowledued that he/she executed
the same as hl<s/her free act and deed,
Notary Public My commission expires
The appflcunt,the owner,any perso.i aggrieved by this Order,any owner of land abutting the land upon which the proposed work Is to
be.done or any ton residents of the,:Ity or town in which such land Is located are hereby notified of their right to request lho Dopartmenl 1 .,
of Environmental Quality Englneerin3 to Issue a Superseding Order,providing the roquest Is made by certified mail or hand delivery to r f
Ilia Department within ten days(ran)the data of issuance of this Order.A copy of the[equest shall at the same time be sent by certified l
mail or hand delivery to the Conseryallon Commission and the Applicant.
I
Detach on doltod Ihio and submll to(tie __ _prior to commencomnnl of work,
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To Jssuing Auihority i
Please be advised that Ilia Order of Cond!"ins for the project at_ —
i=ilo Number has been recorded at Iha ficgtntry of _.— and
�.
h.js been noted In the chain of title of Ilia affected propaity In accordance with General Condition 4 on_ 1 g^ f
If recorded land, the Inslrumenl nun,hor which identities this transaction Is 1 _
If registered land, the document nur.,her which identifies this transaction is
r :
signature :_ Applic,int
— 1