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HomeMy WebLinkAbout1984-10-02 Conservation Information DEF SUB TOWN O. :ORTH ANDOVE:R, MASSACHUSL S OFFICE OF CONSERVATION COMMISSION 1 3?��''` n TELEPHONE 683-7105 5 1 sSACHt15E Pursuant to the authority of the Wetlands Protection Act, Massachusetts General Laws Chapter 131, Section 40, as amended, and the Town' of North Andover ' s Wetland Protection By Law, the North Andover Conservation Commission will hold a Public Meeting on July 31 1985 at 5 :00 P.M. at the Town Building Meeting Room, 120 Main Street, North Andover, MA on the Wetland Determination Request of Merrill & Diane Bassett land located at Lot 7 Tucker Farm f By: G. Vicens Chairman, NACC run once in the N.A. Citizen i zen on July 250 1985 -.._ Copies sent to : ram;. Planning Boardl Board of Health Pub.lic Works Highway Dept. Applicant Engineer DEQE 3085 p��NtNG BOARDS f , .i rowN or DRTH ANoovc:-t, MASSACHus )T5 5 orrice or Y CONSERVATION COMMISSION 1 ?U±a,. n TELEPHONE 683-7105 'a Pursuant to the authority of the Wetl.anus Protection Act, Massachusetts General. Laws Chapter • i3z, Section 40, as amended, and the Town of North Andover ' s Wetland Protection By Law, the North Andover Conservation •Commission 'Will hol (:1 a `Public Hearing _ .. on 1.41 1.985 at 8 :00 P.M. at the Town Building Meeting Room, 120 Main Street, North Andover, MA on the Notice of Intent of Walt_or Pupk I.s ' to inter land at '11cke� FaI'M Cor purposes of ' cor)striicl-Jng a single famlly dwel_l np and dri_vewa�. a ;.'1 •;; Plans are available, at the Conservation Commission Office , Town Building, 120 Main Street North 'Andover, MA, on' Tuesday from 12 :00 noon to 2 :00 p.m. and, by appointment. 1 , r 1 ill 5,,�ljyK BY: ' 0. V icens Chairman, NACC ?l i.. N.A. Citizen '' Atig ust Sr 1.985-•— - -- run once in the un Copies sent to : " Planning Board Board of Health Public Works, ;• r;y, It i gllway Dept . Applicant Al (; , ,. •;,;y�f � 1 Engineer DCQg TOWN 01 ;10It'1'1'1 ANIDOVCR, MASSACHU. )TT; CONSERVATION COMMISSION I „Ani„ A , a�Ot,.4 ,41.4. TCLEPHOME 683-7105 16 Urlit ^ ,a Pursuant to the authority of the Wetlands Protection Act, Massachusetts General Laws Chapter 131, Section 40 , as amended, and the Town of. North Andover ' s Wetland Protection By Law, the . North Andover Conservation Commission will hold a `Public Hearing t - on Ailcnist. 282 _ 1.985 . at 8 :00 P.M. at the. Town Building Meeting Room, 120 Main Street, North Andover, MA on the Notice of Intent__..o-f r e.r_ . J_1, d Diane Bassett to alter land at Lot Tucker. Farms , for Purposes of - constructing a single family dwe;l.l.i_n and assoclate;l stJrttct.ures 't.l' Plans are available at the Conservatri.on, Commission Office , ; Town Building, 120 Main Street North 'Andover, MA, on' Tuesday , from 12 :00 noon to 2 :00 p.m. and by appointment. ;! By: G. Vicens <, Chairman, NACC ri{. ':'ti run once in the N.A. C.1-ti.z.en on Aiag. 229 1985 !+�_) Copies sent to • . Planning Board +,fl Board of Health Public storks Highway Dept. ! '!•,i, Applicant Lng3.neer '• DCQis i,•; =' 7 TOWN OF NORTH ANDOVFR, MASSACHUSETT'S OFFICE OF CONSERVATION COMMISSION 7 ,nli T11 TELEPHONE 683-7105 m V l�S Tnc kllkSE� PURSUANT TO THE AUTHORITY OF, T11E WETLANDS PROTECTION ACT, MASSACHUSETTS GENERAL LAWS CHAPTER 131, SECTION 40, AS AMENDED, AND THE TOWN OF NORTH ANDOVER'S WETLAND PROTECTION BYLAW, THE NORTH ANDOVER CONSERVATION COMMISSION WILT. HOLD A PUBLIC HEARING ON December 10, 1986 AT 8:00 P.M. AT THE TOWN BUILDING SELECTMEN'S MEETING ROOM, 120 MAIN STREET, NORTH ANDOVER, MA ON THE NOTICE OIL INTENT OF Michael Roberts TO ALTER LAND AT Lot 10 - Tucker Farm Road FOR PURPOSES OF Constructin a single family PLANS ARE AVAILABLE AT THE CONSERVATION COMMISSION OFFICE, TOWN ,BUILDING, 120 MAIN STREET, NORTH ANDOVER, MA ON WEEKDAYS, .FROM 8:30 to 4:3.0 •P.M. AND BY APPOINTMENT. BY: GUILLERMO J. VICENS CHAIRMAN, NACC i RUN ONCE IN THE North Andover Citizen ON December 4, 19.86 cc: PLANNING BOARD BOARD OF HEALTH a PUBLIC WORKS HIGII14AY DEPT. APPLICANT ENGINEER f , DEQEf�.f: � r RE CHIEF Bldg. Inspection TOWN OF NORTH ANDOVER, MASS/AC. JSETTS r OFFICE OF CONSERVATION COMMISSION ' „niMf 4 �4. '•.a 0 TELEPHONE 683-7105 L T O fi ' SSACNi1S4. PURSUANT TO THE AUT11ORITY Or Tnr WETLANDS PROTECTION ACT, MASSACHUSETTS GENERAL LAWS CHAPTER 131, SECTION 40, AS AMENDED, AND THE TOWN OF NORTH ANDOVER'-S WETLAND PROTECTION BYLAW, THE NORTH A14DOVER CONSERVATION COMMISSION WILL HOLD A PUBLIC HEARING ON January 7, 1987 AT 8:00 P.M. AT THE TOWN. BUILDING SELECTMEN'S MEETING ROOM, 120 MAIN STREET, NORTH ANDOVER, MA ON THE NOTICE OF INTENT OF Michael P. Roberts TO ALTER LAND AT Lot 10 — Tucker FOR PURPOSES OF Construction of a PLANS ARE AVAILABLE AT THE CONSERVATION COMMISSION OFFICE, TOWN BUILDING, 120 MAIN STREET, NORTH ANDOVER, MA ON WEEKDAYS, FROM 8:30 to 4 :3.0 P.M. AND BY APPOINTMENT, BY:' GUILLERMO J. VICENS CHAIRMAN, NACC i RUN ONCE IN THE North Andover CJtizan ON^ December 31 1987 i cc: PLANNING BOARD BOARD OF HEALTH PUBLIC WORKS HIGHWAY DEPT. APPLICANT DE:QZ FIRE CHIEF Bldg. Inspection TOWN OF NORTH ANDOVER, MASSACHUSETTS oFFIcIE or CONSERVATION COMMISSION - µORTN t TELEPHONE 683-7105 P. q P � 1ssacFwstij PURSUANT TO THE AUTHORITY OF THE WETLANDS PROTECTION ACT., MASSACHUSETTS GENERAL LAWS CHAPTER 131, SECTION 40, AS AMENDED, AND THE TOWN OF NORTH ANDOVER'S WETLAND PROTECTION BYLAW, THE NORTH ANDOVER CONSERVATION COMMISSION WILL HOLD A PUBLIC HEARING ON Sept. 9 1987 AT 8:00 P.M. AT THE TOWN BUILDING SELECTMEN'S MEETING ROOM, 120 MAIN STREET, NORTH ANDOVER, MA ON THE NOTILG OF INTENT- F Stephen M. Leone, Trustee TO ALTER LAND AT FOR PURPOSES OF Constructing a si le fainil h_om d- appurtenances PLANS ARE AVAILABLE AT THE CONSERVATION COMMISSION OFFICE, TOWN BUILDING, 120 MAIN STREET, NORTH ANDOVER, MA ON WEEKDAYS, FROM 8:30 to 4:5.0 P.M. AND BY APPOINTMENT. BY: • JACK LINDON CHAIRMAN, NACC RUN ONCE IN THE North Andover Citizen ON Sept. 3, 1987 . cc: PLANNING BOARD BOARD OF HEALTH PUBLIC WORKS HIGHWAY DEPT. APPLICANT ENGINEER DEQE FIRE CHIEF Bldg, ; Insp. TOWN,OF NORTH ANDOVER, MASSACHU-s'TT OPFICK OF CONSERVATION COMMISSION 1 °�.' '•a 4,o ! TELEPHONE 6113fJ105 - M'SSACHt35fti9 '. PURSUANT TO THE AUTHORITY OF THE WETLANDS PROTECTION ACT, MASSACHUSETTS GENERAL LAWS CHAPTER 131, SECTION 40, AS AMENDED, AND THE TOWN OF NORTH ANDOVER'S WETLAND PROTECTION BYLAW, THE NORTH ANDOVER CONSERVATION COMMISSION WILL HOLD A PUBLIC HEARING ON October 7, 1987 AT 8:00 P.M. AT THE TOWN BUILDING SELECTMEN'S MEETING ROOM, 120 MAIN STREET, NORTH ANDOVER, MA ON THE NOTICE OF INTENT OF Jayne Simmons TO ALTER LAND- AT LOT. 11A TUCKER_EARM ROAD _ _ FOR PURPOSES OF CONSTRUCTION OF A PLANS ARE AVAILABLE AT THE CONSERVATION COMMISSION OFFICE, TOWN BUILDING, 120 MAIN STREET, NORTH ANDOVER, MA ON WEEKDAYS, FROM 8:30 to 4 :3.0 'P.M. AND BY APPOINTMENT. BY: JACK LINDON CHAIRMAN, NACC RUN ONCE IN THE' North Andover Citizen ON October 1, 1987 cc: PLANNING BOARD BOARD OF HEALTH PUBLIC WORKS. HIGHWAY DEPT. APPLICANT ENGINEER AEQF FIRE CHIEF Bldg. , Insp. - — DEGERONo. 242--242 (To be provided by bEQE) Commonwealth _ City[Town North Andover of Massachusetts PLANNING BOAR® Applicant Forbes Real Trust y Order of Conditions Massachusetts Wetlands Protection Act _ G1. c. '.31, §4D_ , . r ' .�t,L• - L1�n?'a�,.;�1 . .+fir i'r}'r'E, r, :i'E, ..c_� '- .�..�..._,._:.;'1,..:j�l�C?7" .�.- .. t� ..3 From North Andover Conservation Comm' s o To Forbes Realty same (iVaM of Applicant) , (Name'of property owner) 7 BonnY Y. Lane ` Address North Andover$ MA 01845 4ddress This Order is issued and delivered as follows; ; ❑ l by hand delivery to applicahi,or repreon'tativp on'', (date) by certified mall,return receipt requested on. October 30 ' 1984 (date) This project is located at Tucker Farms The property is recorded at the Reglstryof_ Northern ESsex Boo Page ' 1793 27 ,. Certificate(if registered) The Notice of Intent for this project was filed on 5eRtember 21, 1984 (date) The public hearing was closed on October 10 19 (date) Findings The NACC has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project, Based n 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 to the following interests In accordance with the Presumptions of Significance-set forth in the.regulations for each Area Subject to Protection Under the Act(check as appropriate): 0 Public water supply Storm damage prevention ® Private water supply - prevention of pollution' [A Groundwater supply ❑ Land containing shellfish 6� •Flood control 11 Fisheries TUCKER FARN r 242-242 Therefore,the NACC hereby finds#fiat the fallowing conditions are necessary,In accordance with the Performance Standards setforth in the regulations, to protect those inter- ests checked above.The 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. f; ` General Conditions 1. Failure to comply with all conditions stated herein,and with'All related statutes and other regulatory meas- ures, shall be deemed cause-to revoke or modify this Order.. .' 2. This Order does'not grant any property rights.Qr arty exclusive'privileges;I#'does not authorize any injury ';`s. to private property or invasion of private rights. 3. This Order does not relieve the permitlee of any otherperson of the necessity of complying with all other.applicable federat,,state or local statutes,prdinances, by-laws or.reguiations. 4. The work authorized hereunder'Shail.be completed wIthin.•three�years'from the date 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 time for conipletlon has been,extended to•a specified date more than three years,but less thane five years, from the date,of issuance and both that date and the special circumstances warranting the extended time period are,setforth`Irt,this 5. This Order may be Qktend.e f byJhe•Issujng;,authorlty for one or more periods of up to three years each upon application to the lIhs.0 1di'auttiority atieast 30 days prior to the expiration'date of the Order. 6. Any fill used in conngctlon w.1th'this'projec"t shall be clean-fill, ooniaining no trash, refuse,rubbish or de- bris, including but not limited tdiumb`er, bricks,'pjaster,wlre,-lath, 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 from this 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 larid is located,within the chain of title of the affected property. In the R: 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 to 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 size bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number 242-242 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 E f' 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 been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: - 2 r e - r ORDER OF CONDITIONS : Tucker Farms 242-242 a. Plans entitled "Definitive Subdivision Plan of Tucker Farms in North Andover, Mass'." prepared for Forbes Realty Trust by Christiansen Engineering Inc. dated August 30, 1984 Revised September 19, 1984, 8 sheets (nos . 1,2,3,4,5,6, 7A & 7B) ; b. Notice of Intent submitted by Forbes Realty Trust prepared by Christiansen Engineering dated September 20, 1984, fifteen (15) pages ; c. Drainage Analysis of Tucker Farms Definitive Plan prepared by Christiansen Engineering dated September 1984, twenty-nine (29) pages ; d. Soils Analysis Tucker Farms Definitive Plan prepared by Christian Engineering Inc, dated September 4, 19840 eleven (11) pages ; _.__ . e. Notice of Intent Tucker Farms Supplementary Information dated October 1, 1984 prepared by Christiansen Engineering Inc. , six (6) pages ; f. Guide for the use of Technical Release No-55- Urban Hydrology prepared by USDA Soil Conservation Service dated December 1977 twenty (20) pages ; Tucker Farms Peak Discharge Calculations by W. Vicens (NACC) dated October 9, 1984. Seven (7) pages . g. Letter from Christianson Engineering Inc. to NACC dated October 19, 1984. Two (2) sheets . h. The Preservation Restriction Document No. 20485 and the _.. Conservation .Restriction Document No. - 20486 on lot ' 15 : As shown on .above .referenced , plans . Dated October 22, 1984. _ 3 _ N ORDER OF CONDITIONS : TUCKER FARMS 242-242 13. I. The applicant proposes to fill over 5000 sq. ft. of bordering vegetated wetlands. The NACC issues this Order of Conditions as a limited project since the alternatives with minimum impact on wetland areas has been designed. II. The future development of the residential lots in this subdivision--could have additional impacts on wetland areas . As shown on the plans identified above, there are suitable locations for houses on all of the lots with no impact on the wetlands. Consequently in order to prevent any further impact on the wetlands beyond that required for the roadway crossing, the NACC will ----- ---- require permanent conservation restrictions or easements as specified in' Condition 15 below for all wetland areas and wide flow diversion areas in the subdivision. 14. An equivalent wetland area (51,000 sq. f t. ) shall be created contiguous to the wetlands to be altered by the proposed access road construction on the referenced plans . A plan shall be submitted to the NACC for their approval prior to the actual construction commencing. The replace- ment shall be desi ned consistent with the guidelines of Section 10.55 (4) of the regulations . 15 . a. All wide flow diversion areas and wetland areas on the site shall be placed under a conservation restriction covenant or easement. to protect their function from further encroachment. This condition shall be -complied with prior to any work on the subdivision. b. The applicant has proposed runoff control measures which do not involve detention ponds. The Notice of Intent states that the peak discharge after development will not exceed the pre-development condition. Although the NACC does not object to a plan without detention ponds, we cannot verify from the information provided that the proposed plan will achieve the stated goal. Consequently the applicant shall submit the additional information which follows for NACC review and approval prior to start of construction: 1. plot of runoff hydrograph for each sub-basin and total discharge, 2 . summary of total (east & west) peak discharge from entire site TeMore and after development, 4 M r m F ORDER OF CONDITIONS : TUCKER FARMS 242-242 E' ' 3. backup to computation/justification of lag between sub-basin hydrographs , 4. verification that sub-basin drainage areas used in -- ---- calculations add up to the same total area. t 16. This Order of Conditions covers the proposed roadways, drainage facilities , and utilities but does not include t the development of individual lots . , Any work on the following lots will require a filing of a Request for -- - - Determination or a Notice of Intent; 1, �, 3, 49 50 60 . 70 8, 90 100 ll, 12, and 13. 17. The Erosion control plans referred to the referenced drawings shall be- implemented during construction. 18. The work shall proceed according to the overall schedule presented in item 12 above and more specifi.call the wet- lands replacement and flow diversion (detention swales j shall be constructed first. 19. All erosion prevention and sedimentation protection measures E found necessary during construction- by the --North Andover Conservation Commission will be implemented at the direction of the NACC or Highway Surveyor. , E 20. Any changes in the submitted plans , Notice of Intent, or' resulting from the aforementioned conditions must be sub- mitted to 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 pro- tected 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 2i 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. Any errors found in the plans or information submitted by the applicant' shall be considered as changes and procedures out- lined for changes shall be followed. 21. Members of the NACC shall have the right to enter upon and - inspect the premises to evaluate compliance with this Order of Conditions . 5 _ • ORDER OF CONDITIONS : TUCKER FARMS 242-242 22. Accepted engineering and construction standards and procedures shall be followed in' the' completion of the project. 23. 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 . 24. 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. 25 . In addition to the requirements of Condition No. 11, the applicant shall submit a letter, from a registered pro- fessional engineer, certifying compliance with this Order of Conditions. Said letter will certify, but not be limited to the following: a. "As-Built" elevations of all drainage ways constructed within 100 feet of any wetland areas. b. "As-Built" elevations and grades of all filled or altered wetland areas and detention ponds. c. Distance to all structures within 100 feet of wetland areas. An "As.-Built" e6poggraphic plan of all areas within the jurisdiction of this Order of Conditions must be submitted when a Certificate of Compliance is requested. 26. A surety performance bond or letter of credit running to the North Andover Conservation Commission shall be provided in the amount of $10,000. which shall be in all respects satisfactory .to Town Counsel and the Conservation Commission and shall be posted with the Treasurer of the Town of North --- - Andover before commencement of work. Said bond or letter of credit shall be conditioned on the completion of all conditions hereof, .shall be signed by a party or` parties satisfactory to the Conservation Commission and Town Counsel, and shall be released one year after completion of the project, provided that provision, satisfactory to the Commission, has been made for performance of any conditions which are of a continuing nature. The applicant may propose a release sequence for the bond consistent with completion of specific portions of the . project. W 6 - T 3 TUC' R FARMS: 242-242 Issued By North Andover .-w Conservation Commission Signatures) , This Order must be signed by a majority of the Conservation Commission, On this 24th day of - October 1 t3. RL� ,before me personally appeared Anthony Galva na , tome known to be the person described in and who executed the foregoing instrument and acknow' ledge that he/she executed the same as hislher free act and deed. J Notary Public My commission expires 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 ten►esidents of the city or town in which such land is located are hereby notified of their right to request the Department of Environmental Quality Engtneering to issue a Superi eding Order,providing the request is made by certified mail or hand delivery to 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 ___._mail or hand delivery to the Conservatton Commissionend the applicant. Tlr:1.:1i on dn;fed Ilno snd sutJr}att to the prior to commencement of work. . .r' , 'i;... .......................... To � ------- .'Issuing'Authority Phase be udvis ed that ihe'Order of Condltlons foi Ilse projc6tlat_ I i?r;Number_ _ � has been recorded al the Regielry of and hos boon nolua In tho chr,ln of ilila of the affocled propurty In accordarieo,vi itli Go'perui Cond;lion Son---, 19 it recorded land, the instrument number which identifies ibis transaction Is It fegislered land, the docurnent number which identifies this Iransaction 8;gnalure -- - —�-- Applicant ''QE Fite N-*. [� (To be provided by QEOE) Nort-ll Ai.-tclover_ , Commonwealth a Clty/Town t;a. ti;r Puplcai s u of Massachusetts h Uzn1 1u Applicant 1� •••bWW� 1y .'. r of Conditions *' Massachusetts Wetlands Protection Act, GA. c. 13'1, §40 nnd under ttie Town' of NorEh Andover-•Bylaw,. Chapter 3.5 'A' &• $:. . -- - North Aladover Conservati.nn Commission From 1.? To jd�1t car P110ki-s same ... .. (Name of Applicant) (Ns,ne of property owner) P.Q. Box 7047 Address_ Nashua,. New 11airinshi.re 030(4dress_. This order Is Issued and delivered as follows: © I by hand delivery to applicant or representative on (dais) 1 5 (date) ;Y 0by certified mail,return receipt requested an September 4 19 Lots 4, 5 ; I-1' & 12 `Tucker L±arm --•- This project is located at • {' ' NorI_h' Es se%, The property Is recorded at the Registry of Boo 1.9$4 Page •166 Certificate(if registered) ,The Notice of Intent for this project was flied on July 24, ' 1_.�f35 (date) The utilie hearing was closed on August 14 1985 ----Nate) "l '.j';} Findings The NACC has reviewed the above•referenced Notice of,, .-tr) Into and plans and has held a public'hearing on the project. Based or:the�information available to the has determined that '- ;j­: NACC at this time, the the area on which the proposed work is to be done Is significant tQ the following Interests in accordance w11h.'fl''r the presumptions of Significance set forth In the regulations for each X'na Subject to Protection Under thetj Act(check as appropriate), Storm damage prbvention ® Public water supply �i Private waken supply 1 Prevention of pollution CI' Land containing shellfish © Groundwater supA,lY + W Flood control ❑ Fisheries <+� s{. 1 LOTS 41 12, Ttickei Farm � r! 24.2-280 j 95 Therefore, the NACC hereby finds that the following conditions are necessary, In accordance with the performance Standards set forth in the regulations, to protect those Inter- ests checked abovo. he NACC orders that all work shall be performed In accordance with acid conditions and with the Notice of Intent referenced above.To the extent that the 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 conditions stated hereln,.and with all relatod statutes and gther regulatory meas- ures, shall be doomed cause to rovoke or modify this Order. 2. This Order does not grant any property rights or any excluslvo privileges, It does not authorize any lnpiy' s 'to private property or Invasion of private rights.' 3. 'This Order does not rellevo the permittee or any other person of the necessity of complying with fit other applicable federal, state or Iocai statutes,ordinances. by-laws or rogutatlons. 4. Tha work authorized hereunder shall be completed within three years from the date 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 time for completion has been extended to a specified date more than tt)ree years,,but less than { live years. from the date of Issuance and both that dale and the special circumstances warranting ti the extended time period are set forth In this Order. 5. This Order may ne 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, contalning no trash, refuse,rubbish or de-',.' bris, including but not limited to lumber,bricks,•plaster,wire,lath,`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 perfod:z Irom this Order have elapsed or.If , such an appeal has been filed,,until all proceedings before the Department have been completed. B. No work shall be undertaken until the Final Order has been recorded In the Registry of Deeds or the.Land i • Court for the district In which the land is located,within the chain of title of the affected property.In the case of recorded land, the Final Order shall also be noted In the Reglstry's Grantor Index under the name ' •, of the owner of the land upon which the proposed work1s 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 landupo Cwhich . the proposed work Is to be done.The recording information shall be submitted to the . AC on the form at the end of this Order prior to commenceme�!'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 OAlty Engineering, File Number 742-280 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 allagency proceedings., and hearings before the Department. 11 . Upon compietl6;i of the work described herein, the applicant shall forthwith request in writing that a . Certificate of Compliance be issued stating that the work has beetl satisfactorily completed. 12.The work shall ci;,nform to the following plans and special conditions: • 5.2 P• r ORDER OF CONDITIONS : LOTS 41 5 , 11 & 12 TUCKER FARHS 242-280 0 . Notice of Intent of Walter Pupkis/Prepared by Christiansen Engineering/Dated 7-18-85/Seven (7) page, . -� b. Plans titled "Perc Test Da.tra", "Site Plan" , and "Site Location Plan" for Lots 4, 5 , 11 & 12 Tucker Farms/ Prepared by Christiansen Engineering/Dated April 11, 1.985/ Three (3) sheets . 13. No work shall be allowed to commence, within either the wetlands -- or bpi f f er, zone on these lots, until such time that the following have been completed by the applicant and approved by the NACC: a. The side slopes of that Portion of the roadway abutting these lots shall be graded and stabilized. __-- -.-- b. All flow diversion easements required by the original Order of Conditions , for the existing roadway, shall ' be completed. C. The required replacement wetland area required by the Original Order of Conditions under file 242- 242, for this site, shall he completed. 1.4. Prior_ to work commencing on these lots , a row of staked haybales fronted with filter fabric fencing shall be installed between all construction areas and wetland areas . This row of hay bales shall be inspected and approved by the NACC prior to construction. 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 submit a letter to the Conservation Commission from a registered professional engineer cerfifying that the work is in ' compliance with the plans referenced above and the conditions . stated above . 1.7. Members of the NACC shall have the right to enter upon and inspect the premises to eva.l"ate compliance with this order of: Conditions . 13, Accepted engineering and construction standards and procedures shall be followed in the completion of the project. E 3 [ W ORDER OF CONDITIONS : Lots 40 5 , 11 & 12 Tucker Farms 242_-280 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 wetness . 20. Upon completion of construction and grading, all areas shall be stabilized permanently against erosion. This shall be done' either by sodding, mulching according to Soil Conservation Service standards , or by loaming and seeding. If the latter course is chosen, stabilization will be considered once the surface slows complete vegetative cover has been achieved. 21. All erosion prevention and sedimentation protection measures found necessary during construction .by the North Andover Conservation Comn.ission will be Implemente-'t1 at the direction K t-l.i.e NACC or Highway Surveyor. 22. . Any cha"ges it the submitted Plans , Notice of Intent: or re- sulting from the aforementioned conditions , must: be :13ubmitted to the NACG for approval prior_ to implementation. If the NACC f lud.s , 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 Conditions and Would best be , sgrved 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 clays of the close of said public hearing, the NACC will issue an amended or now Order_ of Conditions . 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. 24. This Order. of Conditions is issued in addition to those conditions issued under file 242-242. 1 L^/ots /y�>(l��[/0 S , � � &�.2 'Tuc<er I�'�xms Issued By- Noili-.1. t�cic�vc�t' :Conservatian commission 1 ' A Sionature(s) , This der must be signed by r rity of the Conservation Com Ission. } ' , •a • ' iri /.�.! ll day of before mo On this , porsonuily appeared Ct.t7.i.l.nrino VJ f-ns , ,a me known to be the 1. oxoculed the foregoing Instrument and ackno Iedo led that he/she executed person described in and whoS iho samo as his/her free not and deed, 1 A Notary Public My commission expires The applicant.the owner,any person aggrieved by this order,any owner of land abutting the tend upon which the proposed work is to be done or any ton residents of the city or town in which such land is located are hereby notified of their right to request tho Department of Environmental Quality Englnoodno to Issue a superseding Ordor,provldinq the request is made by corilfled mnil or hand delivery la ance of this order.A copyof the coquasl shall at the samo timo be sent by co[tilied the Department within tan days irorn the data of Issu t mail or hand delivery to the Conservation Commission and the applicant. { III to commencement of work. Delach on dotted line and submit to the p l, .-..�,.._ •...•u.,.e .•a.................a,•.a.........u u ...............,.....................•........••.n•.u...,.•.•...u........................ ...,...•...................... .....au.•...•.v n.••...e«...u«• i 1 .. ` :13suing Authonfy tIi L;:1 To please be advised that the Ordorof Conditions for the project a and ! , File Number_ has been recorded at the Registry of has been Holed In the chain of lido of the affected property In accordance with General Condition 8 on tI recorded land, the Ins1rumenl n4.aber which Identifies this transaction Is I ,...: nllNas this transaction i if reotstered land,the document?umbor which Idos i z' /1 IlCsnl f,� �pq� r rM ''OF Fits No, 242-2 8 2 [ 1 (To be provided by DEOE) ' North Andover, Commonwealth ciEy/Town Waltzer Pttpk:I,9 ' of Massachusetts Applicant _ r___3' Order of Conditions , ssachusetts Wetlands Protection Act - e wn of NoG r hAndove - Bylaw,, Chapter� 3.5-'A"& B,' r Conservation Commission Walter Pupkis same To —_ �..- ... (Name of Applicant) (Naze of property owner) P.O. Box 7047 �.... .__ _ Nashua, New Hampshire. Address Address. This order Is issued and delivered as follows; (date) © `by hand delivery to applicant or representative on 1 !F. V)85.. (date) r 0 by certified mail, return receipt requested on Lot 8-Tuckek i-arm This project is located at�._ The property is recorded at the Registry of North Es sex ! `��•''r,>�{ 1984 "age- Boo Certificate(if registered) S y ' The Notice of intent for this project was filed on JI11y 26', -1.985 (date) The public hearing was closed on lLu us L 14 1985 (date) Findings The NACC 1 has reviewed the above-referenced Notice of Intent and plans and has held a publEc'hearing on the project. Based on'the'Information available to the _ NACC _at this time, the r r' has determined that: the area on which the p g j l proposed work is to be vane is significant tr,the lollowing Interests In accordance with , the Presumptions of Significance set forth in the regulations for each A.na Sub ett to Protection Under the , Act(check as appropriate): ® Public water supply Storm damage prbvention, Private water supply 1� Prevention of pollution' 19 Ground water supply ❑ Land containing shellfish 0 Flood control © Fish9ries ; , M - Loth 8 TUCKElf'EARLS ' 24.2-282 j 95. Therefore, the NAGG hereby finds that the following conditions are necessary, In accordance with the Perfomrance Standards set forth in the regulations, to protect those inter• ests checked above.c` G NACC orders that all worts shall be performed In accordance with said conditions and with the Notice of Intent ref erenc ad.above.To the extent that the for!, ,. lowing conditions modify or differ from the plans,speciflcatlons or other proposals submitted with the Notice of Intent,the conditions shall control, Gensral Conditions 1. Failure to comply'wilh all conditions stated herein, and with all relatod statutes and other regulatory mess• ures, shall be deemed cause to revoke or modify this Order. 2, This Order does not grant any property rights or any exclusives 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 other applicable federal, state or focal statutes,ordinances,.by-laws or regulations. 4, Tha worst authorized hereunder shall be completed within three years from the date of this Order unless elthe�of the.following apply: (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 ttree years,but less than five years, from the date of Issuance and both that date and the special circumstances warranting 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, contzoining no trash,refuse, rubbish or de- bris, including but not limited to lumber,bricks,•piaster,wire,lath,'paper, cardboard, pipe, fires,ashes,. refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shalt be undertaken until all administrative appeal periods korn this 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 w,,ordod in the Registry of Deeds or the Land l ' W Court for the district In which the land is located,within the chain of iitie of the affected property.In the ` case of recorded land, the Final Order shall also-be noted in the Registry's Orantor Index under the name of the owner of the land upon which the proposed work Is to be dorie. In the case of registered land,the ' Foal Order shall also be noted,on the Land Court Certificate of Title of the owner of the land upon which ' the proposed work Is to be done.The recording information shall be submitted to the NACC - on the form at the end of this Order prior to commenceme�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 size M bearing the words,"Massachusetts Department of Environmental Quality Engineering, File Number 242-282 M 10. Where the Department of Environmental Quality Engineering Is requested to make a determination and , -- - to issue a Supers • Superseding Order, the Conservation Commission shall be a party to ail:agency proceedings i and hearings before the Department. 11 • Upon completlon 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. 12. The work shall conform to the following plans and special conditions: 5-2 �t 1 ORDER OF CONDITIONS : LOT 8 TUCKER FARMS. 242-282 a. Notice of Intent of Walter Pupkis/PrppAnhed by Christiansen Engineering/Dated 7-18--85/Seven (7) pages . t>. Plans titled ''Perc Test Data" , "Site Plan", and"Site Location Plan" fog: Lot 8/Prepared byy Christinasen l ngi_neeling/Dated April 10, 1985/`T'hree (3) sheets ., 13 . No addit,..ional grading work shall be allowed to commence, within either the wetlands of buffer zone on this lot, until such time that Lhe followAg have been completed by the applicant and approved by the NACC: A. The side slopes of that portion of the roadway abutting this lot shall be graded and stabilized. h. All flow diversion easements required by the original Order of Conditions , .for the existing roadway, shall be completed. C. The required replacement wetland area required by the original Order of Conditions file 242-242 for this site, shall be completed .. 14. Prior to any additional grading 'on this lot, a row of staked hay - -- bales fronted with filter fabric :fencing shall be installed be- tween all construction areas and wetland areas . 1.5 . 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 submit a letter to the Conservation Commission .from a reg- istered professional engineer certifying that the work Is in compliance with the plans referenced above and the conditions stated above. 1.7. Members of the NACC shall have the Qht to enter upon and inspect the premises to evaluate compliance with this Order of Conditions . 18. Accepted engineering and construction standards and procedures shall be .followed in the completion of the project. 19. Issuance of these condi_Vions 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 fora of damage due to wetness . , . 3 r• ORDER OF CONDITIONS ; LOT ii TUCKER FARMS 242-282 20. Upon completion of: construction and grading, all areas shall be stabilized permanently against erosion. This shall be done either by sodding, mulching according to Soil Conservation Service standards , or by loami.ng and seeding. If the lotter course is chosen, stabilization will be considered once the surface shows complete vegetative cover has been achieved. 21 . All erosion prevention and sedimentation protection measures found necessary dur_i rig construction by the North Andover Cnnser.vat:ion Commission will be implemented at: the direction of Lhc NACC or liigIlway Surveyor. 22 . Any cfianges in the sub€nitt-.ed plans , Notice of Intent or resulting fY-o€n the aforernent..ioned conditions , must be submitted to the NACC for. ".1pproval prior 1-.o implementation. If the NACC .finds , by €wijority vote, said changes to be significant and/or deviate fr o�1 the original pla�.7s, Notice of Intent or this Order of CondiL7_otis to such aii extenL that the interests of the Wetlands P) ol.ec.ti.o-n Act catmot be protected by this Order of Copdi.t:ions a1rtc1 would hest be served by the issuance of add .l-iona.l. conditions , 1--hell theNACC will call. for another public 1-war3.ng within 2l days , rztT the cxpet�se of tl�e ,�I>plicant , in order. to ta.lce tc.st .many from tj.l.l. i_€ l:erested pal-Lies . Within 21. days of the close- of said pibli.c he.:tring, the NACC will issue an arr€ended or new Order of Conditions . I el 23. Any errors found in the plans or, information submitted by the a.pplicanl-. shall be con.,31dr.ed as changes and procedures outlined for chansves shall be followed. Lot. 8 Tucker "'I atias 242-28.2 . }Conservation Corpmission issued B Y 1 trr' I _...Slgnature(s) 1 ,•3+ISliY� � k +, This Order must be signed by t.t ority of the Conservation Co mission, :„rf,. �. On this 4t h _ day of 19_ —85 , before me personally appeared GiAl l_e�ri-no Vicet-ts , to me known to be the P person described in and who executed the foregoing Instrument and ackno pled+led that he/she executed I, .l.Wj the same as his/her free not and deed. Notary PublicMy commission expires Tha applicant,the owner,any parson aggrieved by Ihis Ord or,any own or of land abutting the land upon which the psoposod work Is to . be done or any ton residents of the city or town In which such land is located are hereby notified of Their right to request the Department of Envlronmontal Quality Enginoerino to Issue a Suporsoding Order,provldino the request Is made by coriiliod mail or hand delivery to the Department within ton days from the data of issuance of this Or or A copy o1 the tequest shall a#the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. "__„ .•, prior to commencemanl of work. Detach on dotted line and submit to the ............•..........................................1..............................................................I............................,............................................................. • ftsulno Authority To .� Please be advised that the Order of Conditions for the project a and File Number has been recorded at the Registry of19— has been noted In the chain of title of the affected property In accordonco with General Conditiona on It recorded land, the Instrument nt.•ribe;r which Identifies Ihis transaction Is mi, if registered land,the documorn+iombor which Identifies this transaction Is t _Applicant Signature Tk. ... _..,..-,...»�--�....._...:.o-+A....r...w.,...+.:+++�.w °�i. } . �. 2.•.ti I4?�iS r�i4 +.:.{ 7I`�% 'Ill. . "i Ilaij;: i.:�. Ill Will I . "QE File NO. t7o be provided by DE;QQ Commonwealth Ckly/Town ;ti1 it l,rulrryer- of Massachusetts Applicant <lo I-r i I I. �.: 1)�_ )t)t1e — — �3<Fssc�i_i� Order of Conditions Massachusetts Wetlands Protection Act G.JL. c. 131,,§40 rind under the Town of North Andover -Bylaw, Chapter 3.5 A & II'. From_ D-i-ai)c To (Name of Applicant) (Na ne of property owner) Address North h .11�rlove_:i_, �1 01-845 Address This Order Is issued and delivered as follows: ❑ Iby hand delivery to applicant or representative on (date) ❑ by certified mail,return receipt requested on �'c_ pLein]-ior 1..8 , 1985 - —(date) This project Is located at Lot t 7 ),_„) ,;r r The property Is recorded at the Registry of—. H car L.I-t Ls s`­� x Book 1 7 0 33 page , 2 7 Certificate (if registered) qo The Notice of intent for this project was filed on 1''r""" 9 0 1 r (date) �a r ,, :I The public hearing was closed on 9 1 (;)1_) (date) ` Findings The ` has reviewed the above referenced Notice of Intent and plans and has held a public hearing on the project. Based,or:'the Information available to the at this time, the �v '.�C� has determined that the area on which the proposed work is to be done Is significant►. iho Following interests In accordance with the Presumptions of Significance set forth in the regulations for,each A a Subject to Protection Under the Act (check as appropriate): Public water supply ,N Storm damage prevention ® Private water supply Ul Prevention of pollution ® Ground water supply ❑ Land containing shell 10 Flood control ❑ Fisheries NING B0ARD LoV. 95 hereby finds that the following cond(llons are ri Therefore, the a f` Y • necessary, In accordance with the Performance Standards set forth In the regulations, to protect those inter-, { ests chocked above.�ho orders that all worst shall be performed 1' 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. �. 4 General Conditions 1. Failure to comply'with all conditions stated herein, and with all.relatod statutes and tither regulatory mess• ures, shall be do©mad cause to rovoko or modify thls Order. 2. This Order dons not grant any property rights or any excluslvq privileges; It does not authorize any lnJ q , 'to private property or invasion of private rights.' `. "to 3. ''This Order dries not relleve the pormittee or,any other person of the necessity of complying with all sr other applicable federal, state or local statutes,ordinances, by-taws or roguiitions. 4. Tba work authorized hereunder shall be completed within three years from the date of this Order unless w either of the following apply: • ' (a) the work is a mnintenanco dredging project,as provided for in the Act; or (b) the time for compietlon has been extended to a specified date more than tt1'e6 years, but less than f( five years, from the data of Issuance and both that date and the special circumstances warranting 1, the extended time period are set forth In this Order. 5. This Order may ne extended by the issuing authority for one or more periods of up'to three years each upon application to the Issuing authority at toast,30 days prior to the expiration date of Jhe Order.•: 0. 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,'pIaster,wire, lath,Paper, cardboard, pipe, tires,ashes, refrigerators, motor vehicles or parts of any of the foregoing. .�". T. No work shall be undertaken until all administrative appeal perlodti Prom this Order have elapsed or,If such an appeal has been flied,,until all proceedings before the Department have been completed. w S. No work shall be undertaken until the Final Order has been re,ordFd In the Registry of Deeds or the tout E Court for the district in which the land Is located,within the chain of title of the affected property.In the -- case of recorded land, the Final Order shall also be noted in the Registry's Gmntor Index under the name "4 ''•,'' of the owner of the land upon which the proposed work-is to bedone. In the case of registered land,the ';s ' Final Order shall also be noted on lho LAnd,Court Cortlflcato of Title of the owner of the land upon which1. the proposed work Is to be dome.The recording information shall be submitted tb they on the form at the end of this Order prior to commenceme9t of the work. ;• f'c ' 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 wards, "Massachusotts Department of Environmental Otiality Engineering, File Number 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. 1 1 • Upon completloti of the work described herein, the applicant shelf forthwith request In writing that a Certificate of Compliance be issued stating that the work t)as beef satisfactorily completed, 12.The work shall c9nform to the following plans and special conditions: a 5-2 nt �. ORDER OF COUDITIONS : Lot 7 THQnV FarMZ Mir- OF WPM It Dta"v Wnp! K F"n Lot 7 Qy L&MUn"sen QSK"00113; dULA 60 19R9 , Seven 17 Meets , onvAled "Dihn"Mce Disposal SysLum" Mv Vlan Vrepajed 7"i Vov1wm neaVy Tr"sq punpmrod ly Enol "Onrl"M or 1! 2 4 , 1985 , S"h1HrFnV0 jin"Mal SYMM Trnnchpq , prepaled Coo Forbes Rpolly Trunk, prepared ors vislian3on Ent ="Qng, sheN f op 4 , (KVPd April 4, IM !W11 he MAMS& Q) COMOUCU With! P. 01 11"Y tulle IMILIM103, %,C)lt{= rp, Mi.` lot iintil the items Wood have been In"OnIoNd `)nd I)Y 1.11(! N",CC- Q. &HP slopvs of Hux! pprUon of the roadwny MOT-Ing said Ink shall be 8radud and Kabilized Mh molch, 14 . Fr Loy to work commencing on this s IoL, a row of qLakrd bay bales ( Fronled WIN filter Khruc Fenning) diall b" insLalled between, ii-ion , _-enn and wetland areas . 1-5 , Tlio ptoMinns of this order shall apply to and be binding upon An applicant, its employees and all successors and assigns in InhoreM or. control . 16. pylor to Lhe issuance of a certifiGaLe K compliance , the applicant shall s"bmit a HWY to the Conservation Commissiou From a registered profQssional engineer certifying that the work is in compliance with We plans referenced above and the conditions srated above. 17. Members of the NACC shall have the right to enLar "po" and inspect the premises to evaluate compliance with this Order of Conditions . 18, Ac.cepted Engineering and consLruction standards and procedures shall be followed in the completion of tho project . 19. lqsuarlce of these conditions does not in any way imply or certify that Lhe site or down stream areas will not be subject to flooding, storm damage or any of form of damage due to wetness . 20. Upon completion of consnuction and grading, all areas shall be sLablized permanently against erosion. This shall be done either by so4ding, mulching according Lo Soil CorservaUoo Service standards, or by loai.iiiig and KANS. If the latter course is ohosenp stabi- lization will be consiArod once the surface shows complete vege- taUve cover K5 been achieved, ro• ORDER' 01' <ONDI'1.'.101NIS : Lot 7 Tucker f.iiri(ls 242_.203 21. . Al 1. oros i.on li")-cvent.i.on ;i.ud sedi.rnnni..a,tion protection moasures f olind M-C.e,�`;.1.17y rtltl" irli; r'.oaart.rztct: .ota by tho P101~1-1) "�ndover ( �}r�r;r i:v::t, i.r>sl Colll�iai.s ; i ol} will be i.cnP1.(?tnent nd rai_ the d i rert:i nn ?.r & CC or tl-i ,,,,h r,ty '�ur.veyor. 22 . ,ny plans , Noti.ce.. of 1"ho"K or resulting musL be i`3aa171!11,LLed to the NACCi -rTi' ;lei. lf)S�:a_I �11" 1f)I' Lo im JC'.Ilir1}t-.ai". lon. if t"EY HAM finds , by "oLP , sn id (`.11:}la2nN to be s:i_gni.ficcnnt .nnd/or deviate from t,"-p orl y "ni p1.ilns , t';()1:.1.on of I.ni;Rut or f:}1"i.i 01:'(1(`1" of CO)ld7_t ions to such an extent:. that UP :i.nt:eresks of the [ieVl.st€ ds VrOL(A.c.i:i_on Coll +:rtrII)oI-, tar p-I, .r�(.i.e(I by i-.13i_s Order Of ' Coll.(11-1.i.�T3� 1 t_r:.., tdottf_rl i)vsI: he ;i'_yved by the issuances of additional conditions , then 11ar? i<i1CC: )..! ill Ml for another p"bli.(;_. hearing w4hin 21 drays , of the 1a.1)pli.ca7"L, in order Lo t'.aky Q". L i_u ouy Croy all -i.nt vies :ed parties . Within i_n 2.1. (lays of the close of n i (1 ubl kc ia(°ariuo, Ma i'ACC will issue an i1.f31r.`.I1dod or new UrAcir`Y of Conditions . 23, Any e1-ro1:•s Coated in Me 1,l_az7s or information submi.t-.t_Pol by the applicanI; shall be nonsidered as changes and procedures outlined F"r 0auges shall. be Followed. 24. J"1',.s Order of C,ondti_t Ions is issued under File 242-242 . __ 25 . A Sl. rety performaaen bond or letter of credit running to the Town of North Andover_ shall be provided in the amount of $2,000.00, which sbal_l be in all respects satisfactory to Town Counsel and the North Andover. Conservation Commission and shall be posted with the Treasurer of Lhe Town of North Andover 1.)c?fore coilmienc-e- ment of work. Said bond or letter of credit shall conditioned on the completion of all conditions hereof, shall be signed by a Marty or ;parties satisfactory to the Conservation Commission and Totn1 Counsel, and shall be released after completion of the project , provided that provision, s�a.tisfactory to the Commission,has been mode for performance of any conditions are of <a continuing nature. This condition is issued under the Town of Nox•Lh Andover+~ Wetlands ProtecUon Bylaw Section 3. 5 A & B. 4 . 2�1. 9 _ Conservation Commission r °ssued By Signatur (s CX - Tt)is Order must be signed b ..t majority of the Conservation Commisslon. On this �iP l day of I.,1%01i)or.• fg ' , before me personally appeared - 0 ii. I 1 (21-ill() V.i.r C.?T1S S . , ;o mo known to be the person,described in and who executed the foregoing Instrument and ackno ledi led that helsho executed tho same as hiss/her Iree act and deed. I. 1 Notary Ptlblic My commission expires t The appl€cunt,the owner,any person nggrievod 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 city or town in which such land Is located oro hereby notified of their right to request the Department , of Environmental Quality Englneering to Issue a Superseding Order,proyidino the request Is made by certified mail or hand delivery to the Department within Ian days from the data of Issuance of tills Order.A copy of the request shall at the same time be sent by cortified , 1 — mail or hand delivery to the Conservation Commission and the applicant. i E 40 • � • '1,,,5••t�.�t prtnr to commencement of work, + •i,, ,r:i'c.;' Dolpi:h on dolled line snd submit to the tf . .«.................................................,.......„................................... ............................................................................................................... , tIssuing Aulhonly TO r Please be advised that the Order of Conditions for the project a and Fito Number has been recorded at the Rogislry Of has been noted In the chain of title of the affected property to accordance with General Condition fl on i 11 recorded land, the Instrument nt..ober which Identifies this transaction Is ; it registered land,the document,4irmber which identifies this transaction Is ;t ' ,Applicant I i Signature J. . it it.7 "•+d i. :) ., P. .. 1 To be provided by DEQE) _... City/Town '•,r,T j 1i ,1i�rlc�t�r t:' Commonwealth of Massachusetts applicant w ' ' :. Order of Conditions ''lt Massachusetts Wetlands Protection Act G.L. c. 131,.§40 and undei Y e Town ' of Noxbh Andover •Bylaw, Cliaplyer 3,5 A"'&"B t�s Prom `!'r�[+ 1 of I�ic�7:'i-,.c cl.r�vr,.i, Cr>1t:�eJ_v�ti=.i.()ll C:oi{,iii i.s: i-c>(J :'•►:�,{; To (Na(na of Applicant) (Na ne of property owner) i Havex-1111.1 , vla. 01,830 w Address Address `'. This Order is 1psued and delivered as follows: ❑ lby hand delivery to applicant or representative on (date) •,.l�t� 1 {n �d by certified mail, return receipt requested on _�� � ' 1. ' ( S;f} 7{� (date) This project is located a �a= f, 1'1�.c1r.r�Z Road E Nor �1}: The property Is recorded at the Registry of Poo 7.793 Page 2 7 Certificate(if registered) 'd' The Notice of Intent for this project was filed on C`{ nhr r 1 ; 1 c7^ - (date) The public hearfpg was closed on Ov 19,95 (date) Findings The Not-i-.11 -Arlo c)w71- Coll F,e.-I-Vat:9.on, has re-sewed the above-referenced Notice of .Intent and plans and has held a public hearing on the project. Based or the information available to the ' Al Id ,ot i ',o!ol + at this time, the 1 :�,'�rl. , Cr�i i , (:,} .3i +, has determined that the area on which the proposed work is to be done Is slgnlllcan,t t' th6 'ollowing Interests In accordance wfih the Presumptions of Significance set forth in the regula(ions for each A to Subject to Protection Under the Act(check as appropriate): IS Public water supply F Storm damago prevention ® Private water supply Prevention of pollution' 9 Ground water supply ❑' (_and containing shellfish � + ❑ Fisheries 16 (=food control `c ' Kgr NNE 'S V Nereforo, the 'Vol-1.1) Al).(I over- Uoi hereby finds that the fonowir�g conditioru are 111i ngcassaY , In nccorcianco with 1110 Porformance Standards eat forth In tho reaul-Itlona, to protect thos0 inter- gists checked above. J�Tl�o ldr,i:•3-l t. Ai-idn� ' r�r• ''nr� f'r1't of orders that all work shall be perfornle( in accordance wltti sntd conditions and with the Nollgo of Intent refer artcad above.To the extent that the fotr,' lowing conditions modify or differ from the plans, spoci(lcations or other propo,ale submitted with the Nonce,'' of Intent, the conditions shall control. '. ,cr', tll Grn•ral Conditlona 1. Failure to comply'with all conditions stated heroin,and with all.rolatltd siotutes and other regulatory mew' uros, shalt be doomod'causo to revoke or modify this Order. y 2. This Order does not grant any property rights or any exclusivq privit0903: It does not authorize any tnf" to private proparty or Invazlon of private rights.' ' 3. 'M-) Ordor daos not rollovo the porrnittao or s any other parson of the necesity of camplylnd with ali ''ir; othor appllcablo'federal, 3tnto or local statutes,ordinances,"by-taws or rogulatlons, T 4, T1,a work authorized horoundor shall be completed within throe yow-s from the data of thls Order unless' r oithci of tho following apply. (a) the worts Is a malntenanco dredging project.azi provided for In the Act: c+J � •,. ?'. (b) the time for completion has been extended to a specl(led date morn than ttyee�years, but leas than ' five years, from the data of Issuance and both that dale and the special circumstances warmung the oxtondod time period are set forth In this Order. 5. This Order may tao oxtondod by the Issuing authority for ono or r1•iora periods bf up'to lhtea years each upon application to the Issuing authority at lanst,30 days prior to the expiration date of the Orcfef.;;;': ;j� 0. Any rill used In connection with this project'shall be clean flff, containing no trash. refuse, tubbish or de•). bris. Including but not limited to lumber,bricks,'plastor,wire, lath,`,�apor, cardboard, pipe. tires.ashes.FF? •refrigerators. motor vehicles or parts of any of the foregoing.' f -~ 7. No work shall be undertaken until all adminislrativo appeal perfoda Irom this Order have elapsed or, .'such an appeal has been filed,,until all proceedings beforo''the DeGurtrnent have been completed. No work shall be undertaken until the Final Order has been re:,ordod In the Reglstry of Deeds or the Lsr Court fpr the district In which ilia Iand is located,within the chain of 101a of the affected property. In the' case of recorded land, the Final Order shall also be noted In the Regjstry 4& Gcaintor Index under the nw,, •,, of the owner of the land upon which the propoeodwork'Ia to be'dorto. In the case of registered land. the final Order shall also be noted on the Land,Court Certificate of Tltlo �t the owner of the land upon whist'. _...•' '. • ' the proposedwoN'ls to be done.The recording Information shall be submitted lb the f on the form at the and of this Order prior to commoncem©i�t of the work. 9. A slap shall be displayed at the site not less than two aquare feet or•moro than thr" square feet In slier', . - bearin4 the words, '*Massachusetts Department of Environmental Qe;arity Engineering, 31 Fla Number 5� • 10. Where the Department of lr-nvironmental 0Uallty ISttgineering Is requested to maize a determintlllon and, to issue a Supereeding Order, th'o Conservation Commission shalt ba a party to all agency proceedings, -- And hearings before the Department. =, 'rt -' - - 1 1. Upon campiction of the work described hereln, the applicant shall forthwith request In writing that 3, t; Certificate ot,Compltance be Issued stating that the work has beeh satisfacloriiy completed. 44, ' 12. Tliq work shall c�rtform to the following plans and spaclaf cond)llons: t •�i t{h•i low fi 1�QE Fito No. .24 2-382 t~ (To be provided by,DEOE) Commonwealth cityrrown . ., _T of Massachusetts Applicant Michael Rob rt,;- " Lot' 10 - TUCKER FARM ROAD Order of Conditions Massachusetts Wetlands Protection Act G ,.. c. 131,.§4U_ and' under the Town- of North Andover Bylaw, Chapter 3,5 A & B' Fro Noxth Andover Conservation Cam Michael Roberts Same To (Name of Applicant) (Nr Me of property owner) 77. Main St. , Andover, MA. Address Same Address This Order's Issued and,delivered as follows: El1by hand delivery to applicant or representative on (date) 10 by.certifted mail, return receipt requested on February 11, 1987 (date) This project Is located at Lot 10 - Tucker Farm Road r The property Is recorded at the Registry of Book 1983 —Page 65 Certificate(if registered) i The Notice of Intent for this project was fifed on N v. 2.9, (date) The public hearing was closed on January 7, 1987 _ (date) Findings North Andover Conservat on 1 has re -iewed the above-ref Notice of The _ � . Intent and plans and has held a public'hearing on the project. Based or 'the'information available to the NACU --at this time,'the NACC has determined that the area on which the proposed work Is to be done Is siflnlfloant to the Ibllowing Interests In accordance wrih the Presumptions of Significance set forth in the regulations for each Avea.Subject to Protection.Under the Act (check as appropriate): M Public water supply ,C�� Starm damage prevention V/Private water supply 5!/ Prevention of pollution' t�4 Ground water supply ❑' I_anct contalningEshellfish ;. i Flood control 0 Fisheries Page 2 �, ?I Lout 0 Tucker Farm Rd. 382 Therefore, the CC hereby fine- {hat the following conditions are necessary; in accordance,wiih the performance,Standards set forth in the regulations, to protect those inter- N' orders that all work shalt be per ests checked above. The 11Gtr. , in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the`•.fof-''' lowing conditions modify or differ from the plans, spocificatlons'or other proposals submitted with the Notice .of Intent, the conditions shall control. General Conditions 1 , -Failure to comply with all'coridiiions stated herein, and with all relaled statutes and other regulatory meas- ures, shall be deemed cause to revolve or modify this; Order. 2. .This Order does not grant any property rights or nny ex6tisive privilegos'. it does not authorize any injury to private properly or Invasion of private rights, 3. This Order does not relieve the permillee or any other person of iho necessity of complying with all other applicable federal, stale or local stalules, ordinances, by-laws or regulations. 4, The work authorized hereunder shall be completed within three years from the date of this Order unless cilher of €!tic following apply: (n) the work is a maintenance dredging.peoject as provided for in the Act; or (b) the limo, for completion has been,extended to a specified dale more than three years, but less thar five years, from the date of issuance and both flint date and the spocial circumstances warranting the extended time period are set forth in this Order. b, Thiu Order may be extended by the issuing}authority for one or rnoro periods of up to three years each upon application to the Issuing authority rat least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project sl7atl be cle in fill, containing no trash, refuse rubbish or de- bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, fires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7,. . No work shall be undertaken until all administrative appeal periods.from.tllis Order have elapsed or, if such an appeal has been filed, until all proceedings before die Department have been completed. • r S. 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 the 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 tile.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 Lind Couri Certificate of Title of the owner of the land upon which the proposed work is,to 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 squaro feet or more than three square feetan size bearing the words, "Massachusetts Department of Environmental Quality Engineering, Fife Number 242- 382. . 10. Where Ine Department of Cnvlronmonta€Quality C-nglneering Is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be n party to all,agency proceedings and hearings before the Department, 1 1 . upon completion of the work described heroin, the applicant shall forthwith request in writing that a Certificate of Compliance; be isStiod stating that the work tias been satisfactor€ly completed, i € 12. The work shall conform to the following plans and s Pocial conditions: .i 2 - ; Page 3 E ORDER. OF CONDITIONS LOT 10 -- TUCKER FARM ROAD DEQE #242-382 t 12a. Notice of Intent prepared by Christiansen Engineering Inc. , for Michael Roberts, dated November 25, 1986 12b. Filing consists of .a site plan used to�show Subsurface Disposal System .prepared by Christiansen Engineering, Inc. April 10, 1985 and revised Sept. 5, 1986 13. Prior to any construction on the site, the applicant shall: a. Submit a copy of a Board of Health approved subsurface disposal system, and b. Sybmit a detailed construction schedule/sequence erosion contol plan for the project. 14. Prior to any construction on the site, a double row of staked hay bales shall be placed between all construction areas and wetland areas as shown on the plan noted above and must be inspected and approved by the NACC' prior to start of construction. 15. Upon completion of construction and grading, all areas shall be stabilized permanently against erosion. This shall be done either by sodding, mulching according to Soil. Conservation Service standards, or by loaming and seeding. If the latter course is chosen, stabilization will be con- sidered once the surface shows complete vegetative cover has been achieved. 16. All construction work shall conform to the erosion control plan and construction sequence/schedule noted above (Condition #13) . a. The ponding area shown on site plan shall not be filled or used as drainage. b. No drainage in any fashion shall be directed towards Lot 9, including house drains, roof drains, etc. 17. All erosion prevention and sedimentation protection measures found necessary during construction by the North Andover Conservation Commissio will be implemented at the direction of the NACC. 18. 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 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. Page' 4 ORDER OF CONDITIONS LOT 10 TUCKER FARM ROAD DEQE fl242-382 19. 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. 20. 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. 21. In addition to the requirements of Condition #11, the applicant must submit a letter, from a registered professional civil engineer, certifying compliance with this Order of Conditions. 22. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. 23. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 24. 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. 25. A surety performance bond or letter of credit 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 and the North Andover Conservation Commission and shall be posted with the Treasurer of the Town of North Andover before commencement of work. Said bond or letter of credit shall be conditioned on the completion of all Conditions hereof, shall be sign-ad by a party or parties satisfactory to the Conservation Commission and Town Counsel, and shall be released after completion of the project, provided that provision, satisfactory to the Commission has been made for performance of any .conditions which are of a continuing nature, i' DEQR• # 42 02 t ''7.ot 3 0., ' •Tucker .farm Rbad page 5 Issued By North Andover Conservation Commission i Signature(s) v 1/n 1. This Or er must be signed by a majority of the Conservation Commission. On this 4 th dey of )ebruary 19 R7 , before me personally appeared Guillermo J. Vicens' to me known to be the person described In and who executed the foregoing Instrument and acknowledged that he/she executed the same as his/her free act and deed. l l•L 1 , ' 'Y Cc�i'l:.iJ_10'2 �My.C8IflMvQ'l1 E*resiOctober 2, 1992 -- Notary Pub11c' My commission expires The applicant,the owner,any person aggrieved by thls'Order,any owner of land abutting the land upon which the proposed work is to be done or any ton residents of the city or town In which such land Is located are hereby notified of their right to request the Department of Environmental Quailty Engineering to Issue a Superb sding Order,providing the request is made by certifled mall or hand dellvery to the Department within tan days"from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mallor hand delivery to the Conservation Commission and the applicant. , NACC Detach'on dotted line and submit to the -- ' prior to commencement of work. ...................................'.................................:.:................:..,............................................................................................................................... To 'Issuing Authority Ploose be Advised that tho Order of Oonditions for the P(0101 At.,, Ro Number 2 4 2-382 has boon recorded at the neglatry of and has boon noted In the chain of title of the affected property In secordence with General Condition f3 on , t o 11 recorded land, the instrument number which'Identifies this transaction Is It registered land,the document number.which Identlfles this transaction is Signature _ Applicant '�\� � �]C,:QE File No. f . 242--384 (To be provided by,DEDE) Commonwealth CIryiTown North Andovez' of Massachusetts Applicant Kevin De1laPenna 4 Lot lA — Tucker Farm Road Order of Conditions Massachusetts Wetlands Protection Act G.J_' c. 131, §40 _ and under the Town' o North Andover Bylaw, Chapter 3,5 A & B' Fro North Andover Conservation Commission , To Same (Name of Applicant) (Nsfthe of property owner) Address 56•.Hampshire St. Methuen, MA Address Same This Order Is Issued and delivered as follows: ❑ 1by hand delivery to applicant or representative on (date) fed by certified mail,return receipt requested on Feb. 11, 1987 (date) This project is located at Lot 1A -. Tucker Farm Road - -- The properly is recorded at the Registry of Northern Essex 860 1793 Page 27 Certificate(if registered) l The Notl6e of Intent for this project was filed on_ December 12, 1986 _(date) February 4, 1987 The pu6iic hearing was Closed on (date) Findings The North .Ahdov has re 'sewed the above-ref erehoed Notice of Intent and plans and has held a ptablic'hearing on the project. Rased 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 signlflcant t'o the Following interests In accordance with s the Presumptions of Significance set forth in the regulations for each At.a Subject to Protection Under the Act(check as appropriate): ' to Public water supply i� Storm-damage prevention tad' Private water supply to/ Prevention of pollution' W"' Ground waler supply ❑: Land containing shellfish l/blood controt 0 Fisheries Page -2- LOT IA - TUCKER FARM ROAD L41r384 d Therefore, the N. C hereby finds ..j'at the following conditions are necessary, in accordance,with the Performance Standards set forth in the regulations, to protect those inter- ests checked above. The NACC orders that all work shall be performed in accordance with sald conditions and with the Notice of Intent referenced above. To the extent that the f'bf- louring conditions modify or differ from the plans, specifications'or other proposals submitted with the Noti6i of Intent, the conditions shall control. General Conditions 1 . failure to comply with alt'eondilions stated herein, and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or rnoclify this Order. 2. This Order does not grant any property rights or nny excursive privileges' it does not authorize any injury to private property or invasion of private rights, 3; This Order does not retievp the permilteo or any other person of the necessity of complying with all other applicable fedcMI state or local stalutes, ordinonres, by-laws or regulations. 4. The work authorized hereunder shall be completed wilhin three years from the mate of this Order unless either of the following apply: (a) the work is a maintenance dredcging,projocl as provided.for in the Act; or (b) the limn for completion has been extended to a specified date more than three years, but less Char 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 may be extended by thr issuing authority for one or more prriods of up Irathree years each upon application to the issuing authority at lonst 30 days prior to ltae 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, refrigerators, motor vehicles or parts of.any of the foregoing, 7,-. No work shall be undertaken.until all administrative appeal periods.fro.m.1111s Order have elapsed or, if such an appeal has been filed, until all proce.edinrgs 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 the 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 (lie Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the NACC on the form at the end of this Order prior to comrbencement of the work. 9. A sign shall be displayed at the site not less than two square feet.or more than three square fect.in sizo . bearing the words; "Massachusetts Depardm.ent of Environmental Quality Engineering, File Number 242- 384 10, Where tiie Department of Ernvironmental 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. 4 11 , Upon completion of tho 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 ;111ci spr.cini condifions: ,,f Page 3 ORDER OR CONDITIONS LOT 1A - TUCKER FARM ROAD DEQE #242--384 f 12a. Notice of Intent prepared by Christiansen Engineering Inc. , for Premier Builders and Kevin Dellapenna, dated Dec. 12) 1986. 12b. Filing consist of: Site Plan of Land & Construction Sequence dated .Tan. 8, 1987 13. Prior to construction a copy of Board of ,Health approval of the subsurface disposal system shall be submitted to the NACC. 14. Prior to any construction, hay bales will be in place (refer to site plan and construction sequence) and must be inspected and approved by the NACC prior to start of construction. r 15. Upon completion of construction and grading all areas shall be stabilized permanently against erosion (see construction sequence 12b.) 16. All construction shall conform to Conditions 12a and 12b. 17. All erosion prevention and sedimentation protection measures found necessary during construction by NACC will be implemented at our direction. 18. Any changes in submitted plans, Notice of Intent, as resulting from 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 deviate from the original plans, Notice of Intent or this Order of Conditions to such an extent that the interest 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 a new Order of Conditions. 19. 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. 20. 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. 21 . In addition to the requirements of Condition #11 the applicant must submit a letter from a registered professional engineer 'certifying compliance with this Order of Conditions. Page 4 ORDER OF CON➢ITIONS LOT lA - TUCKER FARM ROAD DEQE #242-384 ' t 22. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions.. 23. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 24. Issuance of these Conditions does not in any way imply or certify that the site or downstream area will not be subject to flooding, storm damage, or any other form of damage due to wetness. 25. A surety performance bond or letter of credit 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 and the NACC and shall be posted with the Treasurer of the Town of North Andover before commencement of work. Said bond or letter of credit shall be conditioned on the completion of work. Said bond or letter of credit shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the Conservation Commission -and Town Counsel, and shall be released after completion of the project, provided that provision, satisfactory to the Commission has been made for performance of any conditions which are of a con- tinuing nature. ` Lot , 1A•Tucker Farm. Rodd' Page 5 X. , Nbr th Andover Issued B Conservation Commission ' y i tYd N+ Signature(s) This Or er must be signed by a majority of the Conservation Commission. On this 4 th day of Fghruary- 19. 87 before me personally appeared Guillermo J. Vicens to me known to be the person described in and who executed the foregoing Instrument and acknowledged that he/she executed the same as his/her free act and deed, r My Commissiosl txpires OtlaUeP 2, 1992 Notary Public My commission expires The applicant,tho owner,any person aggrieved by this Order,any owner of land abutting the rand upon which the proposed worm Is to be done or any ten residents of the city or town In whlch such rand Is located are hereby notified of their right to request the Department or Environmental Quality Engineering to Issue a Superlieding Order,providing the request Is made by certified mall or hand delivery to 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 matt or hand delivery to the Conservation Commission and the applicant, ' y Detach on dotted line and submit to the NAt' prior to commencement of work, ..........................I....,................,u..............,...,...........,.................................................. .,...........................................,...... ♦;.::... . To� __ . ,.. -• ---- ilssuingAuthority Please be advised that the Order of Conditions for the project at._. , File Number 24 2-384._---has boon recorded at the Registry of and has been noted In the chain of tltle of the effected property Ire accordance with General Condition 6 on It recorded land, the Inatrument number whlch'Idenlifies thfa transactlon Is { It registered land,the document number.whlch identities this tranaaotlon In Signature,.... �..,.......- ..Applicant ,.. i� • i .•.i3C-oe'Fiio Na. 242-431 tTo bo prov,idod by bE_OE} city/Town NORTH ANDOVER'. 'T Commonwealth of Massachusetts Applicant STEPHEN M. LEONE i y Lot 13 — Tucker Farm Road. Order of Conditions Massachusetts Wetlands Protection Act 13 L. C. 131 , §4D 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) (Na ne of property owner) 164 Mill Road Address North Andover, MA Address 93 Saunders Street, Lawrence, MA , This Order Is Issued and delivered as follows: ❑ 1by hand delivery to applicant or representative on (date) ❑ by certified mail, return receipt requested on (date) This project is located a ' Lot 13 -- Tucker Farm Road The property Is recorded at the Registry of Northern 'Essex 1974 20.5 Boo Page Certificate (if registered) The Notice of Intent for this project was filed on_ September 1. 1987 (date) The public hearing was closed on September 23 1987 (date) Findings The NORTH ANDOVER CONSERVATION COMMISSION has re dewed the above referenced Notice of Intent and plans and has held a public'hearing on the project, Based of the information available to tho NACC at this time, the NACC has determined that . the area on which the proposed work Is to be done Is significant It, the ItIlowing Interests in accordance with the Presumptions of Significance set forth In the regulations for,each Area Subject to protection Under the Act (check as appropriate): jl Public water supply Storm damage prevention Private watet supply Prevention of pollution' Ground water supply ❑' land containing shellfish ' Flood control 0 Fisheries ry � r i • Therefore, the NACC hereby 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 . __ ...... Nnr . 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 ollicr proposals submitted with the Notice of Intent, the conditions shall control. General Conditions • 1 , failure to comply with all'condilions staled herein, and with all related statutes and other regulatory mess• ures, shall be dc6med cause to revolve or rnocfify•Ih4-. Order. 2. This Order does not g 5 nt any property rights or ony exclusive privileges' it does not authorize any injury to private property or invasion of private rights. 3; This Order does not relieve the permit lee or any other person of the nccr'ssity of complying with all other applicable feddenl, state or local slatute s, ordinance;,, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the dale of this Order unless hither of the following apply: (a) the work is a maintenance dredging.projoct 7s provided for In the Act; or (b) the limn, for completion has been extended to a specified date more than three years, but less Thar five years, from the dale of issuance and both that dalo ano-lho special circumstances warranting the extended time period are-set forth In this.Ordcr. 5. . This Order imny be extended by the issuing oulhorily for one or morn; periods of up lr;ihree years each upon application to the Issuing aulhorily at least 30 clays prior to the expiration date of the Order. G. Any fill used in connection with this project ,-,ball be clean fill, containilig no trash, refuse rubbish or de- _ bris,.including but not limited to lumber, bricks, plaster, wire; lath, papbr, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7, . No work shall be undertaken until all administrative appeal poriods,from,this 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 the chain of title of the affected property. In the case of recorded land, the Final Ordershafl also be noted in the Registry's Grantor Index under the narno 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,to 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 foot or more than three square feet in'sizo bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number.. 242— � 10. Where Ine Department of Environmental quality t;ngIneering Is requested to make a delerminallon and to issue a Superseding Order, the Conservation Commission :hall be a party to all agency proceedings and hearings before the Department. r 11. Upon completion of the work doscribed herein, Ilia applicant shalt forthwith request in writing that a Certificate of Compliance be.Issuod staling that the work has been satisfactorily completed. 12. Tho work shall conform to the following plans and s pbcial conditions: Page 3 s 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 it§ 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 appleant 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 anothhr 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. 1 � t Page 5 ORDER OF CONDTIIONS LOT 13 - TUCKER FARM ROAD DEQE #242--431. 2,71. 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. 5 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. 'age 6 r Lc 43 Tucker Farms Issued B NORTH, ANDOVER Conservation Commission Y . SIgnature(s) This Order ust be signed by a majority of the Conservatlon Commission. On this 23rd day of September-- t 9- 87 , before me personally appeare Jack Lindon , to me kno\Vn to be the person described In and whp executed the foregoing Instrument and acknowledged th.1t he/she executed the same as his/her free act and deed. Qtary Public My commission expires t The applicant,the owrtor,any person aggrleved 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 13 located are hereby notified of their right to request the Department of Environmental Cuallty Engineering to Issue a Superseding Order,providing the request Is made by certified mail or hand delivery td' the Department within ten days from the date of Issuance of this Order.A copy of the cequost shall at the same time be sent by certified malt or hand delivery to the Conservation Commission and the applicant. If you wish to appeal this decision ulYder the Town By Law, a complaint must be filed in -Superior Court. Detach on dotted line and ouWt to the NACC prior to commencement of work. ►..•....••w......•....•wNn...•...•...............HNu.................•...................•.............................................n•w......... ................. .................u... T` 'Issuing'Authority Please be advise'd`that the Order of Conditions for the project a File Number�r hat been recorded at the Pleglelry of and has been noted In the chairs of tltle of the allected property In accordance with Generat Condition 8 on 11 recorded land, the Instrument number which Identifies this transaction is If teQlalered land,the document number which Identifies this transaction Is . .� Applicant. Sipndture t .IaC=G1C'Fi10 No. 242-435: (To be provida by DE00 Commonwealth CIly/Town ' Nort Andov r - = of Massachusetts {1ppllcantJa ne Simmons ,Y �i Lot 11A - Tucker Farm Road Order of Conditions Massachusetts Wetlands Protection Act G.1-. c. 131 , M and under the Town - of North Andover Bylaw, Chapter 3 . 5 A & D From North Andover Conservation. Commission Jayne Simmons Same To (Name of Applicant) (Na ne of property owner) MA Same Address 61'6 fiumphreZ Street Swampscott, Address This Order is Issued and delivered as follows: , ElJby hand delivery to applicant or representative on (data) U by certified mall, return receipt requested on Oct, 2 (date) This project is located at Lot 11A - Tucker Farm Rozd The property is recorded at the Registry of Northern Essex Book...- 1977 -Page--Page 6 Certificate (if registered) The Notice of Intent for this project was filed on- September 22, 1987 (date) October 7, 1987 The public hearing was closed on (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 proposad worts is to be dons Is significant to the irollowing Interests In accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to protection Under the Act (check as appropriate): ©/ Public water supply L�ir�� Storm damage prevention W/ Private water supply Ef Prevention of pollution' IO/ Ground water supply ❑' Land containing shellfish la�7r" Flood control ❑ Fisheries f 435 ,t 11A Tucker Farm Road NACC� The the hereby finds That Ilse following conditions are necessary,•in accordance.with the performance Standards set forth in the regulations, to protect those inter- r -ests checked above. The ACC orders that all work shall be'periormed in accordance wilh said conditions and with the Notice of Intent referenced above. To the extent that the fat• , loving conditions modify or differ from the plans, specificalions'or oll+cr proposajs submitted with the Notice of Inlenl, the conditions shall control. General Conditlons 1. Failure to comply with all'condilions stated herein, and with all rela led statutes and other regulatory meas- uros, shall be doomed cause to revolve or rnodif y.thi;;Order. 2. This Order does not grant any properly rights or ony exclusive privileges, it does not authorize any injury ; to private property or Invasion of private ri47hts. 3: This Order does not relieve Ilia permilfee or any other person of Itic necessity of complying with all other applicable fedcr81, slate or local sl;elvile s, ordinances. by-laws or regulations, 4. The work aulhorized hereunder shall be completed within three years from the date of this Order unless rather of the following apply: (a) ilia work Is a maintenance dredging.project as provided for in Ilea Act: or (b) the limn: for completion has been extended to a specifier.[ dralo more than three years, but less than livoyears, from the date of issuance and bolh that dale and.lhe special circumstances warranting the extended lime period are,sel forth in (his,Order. S. . This Order finny be extended by the issuinJ nuthorily for one or more, porlods of up Ira,lhree years each upon application to the Issuing authodly,nt least 30 drays prior to the expiration date of the Order. 6. Any fill used in connection with this project t;hall be clean fill, containilig no trash, refuse rubbish or de- bris, including but not limited to lumber, bricks, piaster, wire; lath, papbr, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of Ilea foregoing. 7, . No work shall be undertaken until all administrative appeal par iods.[(om.tl)is Order have etapsed or, if such an appeal has been tiled, 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 the 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 Ilea owner of the land upon which the proposed work is.to 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'size bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number 242-- .435 10. Where [lie Department of Ernvironmental Qualily C-ncglneering Is requesled to make a delermlfiallon and to issue a Superseding Order, the C.onservallon Commission shall be a. party to all agency proceedings and hearing$ before the department. 11 , Upon completion of the work doscfil ad Ieofoin, Ilea tipplicant 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 plans and special conditions: i l y Page 3 } Order of Conditions' Lot 11A Tucker Farm Road D.E.Q.E. #242-435 12. The work shall conform to the following plans and additional conditions: 1. Notice of Intent by Christiansen & Sergi Engineers for Jayne Simmons dated Sept. 21, 1987 and received Sept. 22, 1987. 2. Plan entitled "Subsurface Disposal System" for Forbes Realty Trust dated April 9, 1985 - no scale shown. 3. Plan entitled "Site Plan of Land in North Andover, Mass." prepared for Jayne Simmons by Christiansen & Sergi Eng. Scale 1"=20' dated August 4th, 1987. 13. The flow Diversion Easement as shown on the plan shall remain undisturbed during the course of construction. 14. The NACC agrees with the applicnat's delineation of the wetland resource areas at the site. 15. 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. 16. 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. 17. 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 months detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. 18. Prior to any activity on the site, a filter fabric fence or a double row of staked hay bales shall be placed between all construction areas and wetland areas per Soil Conservation Service or D.E.Q.E. standards. This barrier shall be inspected and approved by the NACC prior to start of construction. This row of hay bales or filter fabric shall reamin intact until all disturbed areas have been mulched, seeded, and stabilized to prevent erosion. 19. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of fifty (50) hay bales and sufficient stakes for staking these bales. Said bales shall be used only for the control or erosion, as described in the Erosion Control Plan submitted with the Notice of Intent or the hay bale barrier described in Condition No. 18. f r Page 4 Order of Conditions Lot IIA Tucker Farm Road D.F.Q.E.#242-435 20. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized 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. 21. No earthen embankment in the buffer zone shall have a slope steeper than 2:1. Any slopes of steeper grade shall be rip-rapped to provide permanent stabilization. All slopes on the inside of the proposed detention ponds shall be no steeper than 3:1. 22. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be implemented at the direction of the NACC. 23. There shall be no stockpiling of soil or other mateirals within 25 feet of any resource area. 24. During and after work on this project, there shall be no discharge or spillage of fuel, oil, or other pollutants into any resource area. 25. 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 protected 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. 26. Any errors found in the plans or information submitted by the applicant shall be considered as changes, and procedures outlined above for changes shall be followed. 27. In conjunction with the sale of any lot with 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 Conditions on the development and has received notice under Condition #31 below. 28. The NACC shall be notified in writing of any lot line or lot number changes with a copy of a'plan showing these changes prior to any work on this lot. 29. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. 30. Accepted engineering and construction standards and procedures' shall be followed in the completion of the project. Page 5 ORDER OF CONDTIIONS Lot 11A Tucker Farm Road D.E.Q.E.#242-435 31. 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. 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 a deposit of money or negotiable securities running to the Town of North Andover shall be provided in the amount of $2,000, 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, satis- factory 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. In addition to the requirements of Conditions No. 11, the applicant shall submit a letter to the NACC from a registered professional civil engineer certifying compliance with this Order of Conditions. Said letter will certify, but not be limited to the following: a. Distances to all structures and alterations within 100 feet of any wetland resource areas. 35. This Order of Conditions is issued in addition to those issued under File No. 242-242. 36. No underground storage of fuel oils shall be allowed on this lot. This Condition shall survive this Order of Conditions, and shall run with the title of the property. 37. 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 on any lot in the subdivision within 100 feet of a wetland resource area. f rt h/1 Tucker Farms Issued By North Andover' Conservation Commisslon SIgnature(s) C 7k U 64 e This Order must be signed by a majority of the Conservation Commission, . r On this 21st day of October 18' 87 , before me personally appears Guillermo J/ Vicens , to me known to be the person described In and who executed the foregoing Instrument and acknowEedged that he/she executed the same as his/her tree act and deed. Notary public My commission expir©s The applicant,the owrior,any person aggrieved by this War,any owner of land abutllnp the land upon which rho proposed work Is to be done or any ton residents of the city or town In which such land Is located are hereby notilled of ttseir rlum to request the Department of Environmental Quality Engineering to issue a Superseding order,provlding the request Is made by certified mail or hand delivery 16' the Department within ton days from Itte date of Issuance of this Order.A copy of tho taquost shall ht the same time be sent by certified mail or hand delivery to the Conservation Commission and Ilia applicant. If you wish to appeal this decision t#der the Town By Law, a complaint must be filed in -Superior Court:. r ' Dolach on dotted tine and submit to the NACC prior to commencement of work. M.{{/{NMM.N11W.1111��\H,\MNw111.INIH1//NMN./\1111\\\rll\/\,\If•\�1/.a.l../r\r.r1\/11/\\\\{1\I.r„Ir..\\\\r//\.\1.r..r\\\\\.r..................................... .........I.......... Tc: 'Issuing"Authority Pleads be advised that the Order of Conditions for the project,a I~Ise Number - 242-4 35_,—hat hde been recorded at the Replsiry of and has been noted In the chain of title of the affacled property In accordance with General Condition 8 on , t t3 If recorded land, the Instrument number which Identifies this transaction In It registered land,the document number which Identities lhls transaction Is - Applicant. :t Sipndture re ORDER OF CONDITIONS: LoC Tucker Road 242-325 a A . Notice of Intent of Eric Schaffer, 249 Amesbury Road, Haverhill, MA , prepared by Christiansen Engineering, Inc, dated October 15, 1985, B, Plan no, 49.9 Lot 6 titled: Christiansen Engineering, Inc. 114 Kenoza Avenue, Haverhill, MA. Subsurface Disposal System, Client : Forbes Realty Trusty Lot 6; Location, North Andover, MA , Mill Road, Sheet 2 of 3; dated April 4, 1985; revised October 15, 1985, C. In the Notice of Intent Section #1, Item #10 the following plans were listed.- Sheet 1 of 4 Perc Test Date Sheet 2 of 4 Site Plan Sheet A Site Location however, these plans were not submitted with this Notice of Intent, 13, This Order of Conditions does not relieve the applicant from any conditions in Order 242M-242 that may be applicable to this site. Namely, 1, conditions 14, 17, 18 and 24. 2, letter from NA CC to Christiansen Engineering, Inc, dated May 24, 1985. 14, Any errors found in the plans or information submitted by the applivant shall be considered as changes and procedures outlined below for changes shall be followed, 15. Any changes in the submitted plans, Notice of Intent. or resulting from the aforementioned conditions must be submitted to the North Andover Conservation Commission for approval prior to implementation. If the North Andover Conservation Commission finds, by majority vote, said changes to be significant and/or deviate from the original plans, Notice of Intent or this Orderof Conditions to such an extent that the interests or 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 North Andover Conservation Commissions will call for another public hearing within 21 days, tit 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 North. Andover Conservation Commission will issue an amended or new Order of Conditions. 16. A surety performance bond or letter of credit running to the Town of North Andover'shall be provided in the amount of $1, 000. 00 which shall be in all respects satisfactory to Town Counsel and the North Andover Conservation Commission dlid shall be posted with. the T reasuroror the Town of-North A ndover before commencement of work, Said bond or letter of credit shall be conditioned on the completion of all conditions hereof, shall be signed by a party of partieG satisfactory to the Conservation Commission and Pe Counsel, and shall be re- leased after completion of the project,p"rovided that pr^ovisibns, satisfactorny to the Commission, have been made for performance of any conditions which are of continuing nhture, 3 � h 1 R 1 1 , ORDER OF CONDITIONS: Lot 6 Tucker Road 242-325 17. Prior to all construction 2 work on Lot 6, a double row of staked hay bares shall be placed as shown on the plan. All hay bate barriers shall be inspected and . approved,by the North Andover Conservation Commission prior to the start of constructionp •All .hay bale barriers shall remain intact until all disturbed areas have been mulched, seeded and stabilized to prevent erosion, 18. All erosion pee'ention and sedimentation protection measures found.,,necessary during construction by the North Andover Conservation Commission will be implemented' at the direction of the North Andover Conservation Commission. 19. Accepted engineering and construction standards and procedures shall be followed n'the completion of the project, 20. 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. 21. 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 wetness. 22. Upon completion of construction and grading, all areas shall be stabilized permanently against erosion. This' shall be done either by sodding or mulching according to the Soil Conservation Service standards, or by foaming and seeding. If the latter course is chosen, stabilization will be considered once the surface shows complete vegetative has been achieved. 23. Prior to .the issuance of a Certificate of Compliance, the applicant shall submit a letter to' the North Andover Conservation Commission from a registered professional engineer certifying that the work, is in compliance with the plans referenced above and the conditions stated above. 24. Members of the North Andover Conservation Commission shall have the right to enter upon and inspect. the premises to evaluate compliance with this Order of Conditions. 25. This Order of Conditions does not rolieve the applicant from any conditions in Order 242-242 that may be app'lieable.to.this site. h F , 4 - 4 _ 242-' 25 Conservation C0111misslon ' rr '� � )l''llr �i�r►rlrav�I�' (�c�lF:,r�r'v:•)f ic�rl '�.f�i�utt:i."�'��•.i.t)s�) Ir'sued 3y • --'- This Order must bo signed by>.t majority of the Conservation Co Isslo tit ray of ivr)Sr( 'tit t' j 9 'tl On Uzis IQ ma Known to bo tho porsonnlly oppearcd i#{?1l]'• r E'' F.111: f person described in of d who executed tho foregoing Instrumont and nckno 'led,led Il,al helshe executed ,';,�;;'�, ? 4'-kT the ,nrT,Q as hi Mer free Ucl d deed, ^!5R r 4 ,,,.; •, ''`' `' '_;.! . J�fi ' f i•I�r f ' •C 1r + .S+J,wA,Cxpir4si�Q+flobor.2,194� err _ My cammisslon oxplre3 Notary.Publ i i ,•}:y 1;irir c'�y`'` %V The apr)licant,Iho owner,any person aoorlovod by this order,tiny owner of land abuttlno the land upon which the proposed work is lo. be Bono or.nn}+1on fosldanta of lho clly or town In which such lond 15 locnlad are hereby notified of their right to roqucsl the Department.; k ' of Lnvllonmenlol oualily Gn❑Inocrinp to Issue n auporbod[no Order,providing the request Is made by corllncd r.,nll or hand delivery to '• +r ,•; �,s,. co tho uost Lha11 at lo same h timo be sent by cort;lied + the Department wilhl Ion days from tho date of issu.nco of this order.A copy of q (.'.• "' ' mail or hand delivery to the Consorvalton Commisslon and tho oppllcnnt. f �.? . ' ,,• 4 •. •itt � ri l n L�t�t..l.i'! .itclr��J �..' i3'r`l;i s �JL ,prior to commencement of woF#. Detach on dolled line and submit to the, " ; •���� + ...........................................�.............. ............ +Issulno•Aulhonty _ i'v 70 S.l,ll. ,i`i-lti{lYr,}.1_, (r�)11`i•r�l'V please bo advised that lhs ardor of Conditions for the protect n And f • rilo Number ' ? has boon rocordod at tho rjaglsiry of t o,......,e { has been noted In the chain of 11110 of tl,o o1focted pmoorty 1n 1100 drinaa with Ctonorol Condlllon Q on J 1f retarded land, the lnslrumenl nUAlber which Identifies thls trsnsacilon Is _ .._ I t ,t 1f registered land, the document:timber which tdantiflos this lransactlon to � - ' --• ►r! - r!l"1`7fT fr f ,.. '1'F rt�. �5��.� .' d��rS"��t'�!�tS"l f'�'i t.l��� ' •'�•1'ItM^.Y'�;F��- ._... �-�;,--•,••----^-"".... ..••.��'f�.'y`:.-'',. 1,E,f�r'.'. ..i,, °'r'i l:,r. ..+. , _ ..... � oct 1 TOWN OF NORTH' ANDOVER, MASSACHIr.��TTS orricIE or CONSERVATION COMMISSION 7 TELEPHONE 603-7105 �S��Cfll!'Ft PURSUANT TO THE AUTHORITY OF THE WETLANDS PROTECTION ACT, MASSACHUSETTS GENERAL LAWS CHAPTER 131 , SECTION 40, A5 AMENDED, AND THE T014N OF NORTH ANDOVER'S WETLAND PROTECTION BYLAW; THE NORTH ANDOVER CONSERVATION COMMISSION WILL HOLD.A PUBLIC HEARING ON January 7, 1987 AT 8:00 P.M. AT THE TOWN BUILDING SELECTMEN'S MEETING ROOM, 120 MAIN STREET, NORTH ANDOVER, MA ON THE NOTICE OF INTENT OIL Kevin Della enna TO ALTER LAND AT Tucker Farm Road— Lot 1A FOR PURPOSES OF constructin9 a single family house PLANS ARE AVAILABLE AT THE CONSERVATION COMMISSION OFFICE, T014N BUILDING, 120 MAIN STREET, NORTH ANDOVER, MA ON WEEKDAYS, FROM 8:30 to 4 :3.0 P.M. AND BY APPOINTMENT. BY': GUILLERMO J. VICENS ; CHAIRMAN, NACC r RUN ONCE IN THE North Andover Citizen ON December 31 .1987 r a cc: PLANNING BOARD r BOARD OF HEALTH PUBLIC WORKS HIGHWAY DEPT. APPLICANT ENGINEER UEQE FIRE CHIEF Bldg. Inspection '