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HomeMy WebLinkAbout1983-09-26 Conservation-Order of Conditions DEF SUB i DEDEFADNo. 242-222 1, iTo be provided by DEDE) i City/Town North Andover •Commonwealth Of Massachusetts _° AppliCar,tFii PLANNING BOARD Order of Conditions. Massachusetts Wetlands Protection Act G'.J-, c. 131 , §40 and under the Town- of Dort yn over -ByLaw, Chapter 3. 5 A & B RroriL North Arldoye7C_-C�nrtfiprva# i nn�'d ��,�_ - To -Fulton R.E. & Development Corp. . North Andover Ass ci - (Name of Applicant] (Name of property owner) 7 Bonny Lane 14. Kilby Street North Andover, MA •.01845 Boston, MA 021.09 Address Address This orders issued and delivered as follows: . . . ❑ iby hand delivery to appiicani or representative on , W by certified mail, return receipt requested on Februar 2,7 1984 {date] This project is located a Fuller Meadows The property is recorded at the Registry of North- .. _ Booitn . .47' Page Certificate (if registered) 6987 (date)--- _ 1984 - The Nonce of tritent for this project was filed on --February The putalic hearing was closed on - Februar 8, _1984 (date) Findings _. The N. Andover Conserv,ation -Commission has reviewed the above-referenced Notice p` Intent and plans and has held a.public hearing on the project. Based on the information available to the NACC at this time, the NACU has determined that the area on which the proposed work is to be done is significant to the following interests in accordance write the Presumptions of Significance set forth in the regulations for each Area Subject is Protection Under the Act(check as appropriate): _ ❑ Public water supply - N Storm damage prevention - ❑ Private water supply ❑ Prevention of pollutlon'. ❑ Ground water supply - ❑ Land containing shellfish CR Flood control '--' 0 Fisheries 242j222 . Therefore,the 4ACe herebj Ids that the fo€lowing conditions are necessary,In accordance with the Performance Standards set forth in the regulations,to protect those inter- esis checked above,The'_-. N GG 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. 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 or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations, 4. The 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 three 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 f€ll.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, ialFi paper, cardboard,p€peg tires;ashes;-_ ` __ refrigerators, motor vehicles or parts of any of the foregoing. = . 7, No work shall be'undertakeh until all administrative appeal periods from this Order have elapsed or,'If , _ such an appeal has been-filed,uritil all proceedings before the Department have been completed a. No work shall be undertaker.until the Final Order has been recordedin the Registry of.Deeds or the Land - Court for the district 1r-which-iije.land'is_lo t_k within the chain of title of-the affected 'property. In the _ case of recorded land, the�Inal Order shall ate:be noted in the Registry`s Grantor Index under the hams - 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- 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, 1 File Number 242-222 �.. 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. - 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:�.- ORDER OF CONDITIONS : Fuller Meadows 242-222 a. Notice of Intent submitted by Fulton R.E. & Development Corp. dated January 31, 1984 prepared by Richard F. Kaminski and Associates , Inc. Nine (9) sheets. b. Drainage Calculations : Fuller Meadows, North Andover, MA dated July 29, 1983. Ten (10) sheets . c. Plan entitled "Definitive Subdivision Notice of Intent Fuller Meadows, North Andover, MA" prepared by Richard F. 'Kaminski and Associates , Inc. dated January 26, 1984. One (1) sheet. 13. This Order of Conditions .is in addition to the Order of Conditions issued by the NACC under file no. 242-90 on July 10, 1980. 14. The applicant shall flag and clearly delineate the wetland areas in the field as noted in- the plan above prior to any construction work on the site. 15. The replacement wetland--areas.-shall-be -prepared• as described in Note 2 in the -plan referenced above.,.- _ - 16. There shall be no filling or .:grading of any areas in the := _ 100-year flood plain (below elevation 126.2 ft. ) . _ 17. A row- of staked hay bales shall -be placed ..between all - 7 construction areas and- wetland areas .- This row of haybales n _ shall remain intact- until all =disturbed-areas have been stabilized to_prev_ent. ero6i.0_h. _ - 18.' All disturbed areas sha11 be--graded, loamed and -seeded -to provide "restabilization- of—di—sturbed- areas. : -After..re- stabilization,---hay bales- sha13 _be':removed =and sedimentation shall .'be removed -from areas_ of accumulation; -- - 19: All erosion prevention-and s-edimdntation protection .measures found necesszry- during construction by' the North Andover-=-: - Conservation- Commission- will be--implemented at the direction o the NACC or- Highway- Surveyor. --- 20. Any changes in" the submitted plans -'- Notice of Intent,-- or'-_ resulting from the aformentioned conditions must be sub- mitted to the NACC for approval prior to implementation. -� If the NACC finds t by majority vote, said -changes to be significant and/or deviate -from the original plans, Notiee- 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 NACG-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-:-= - - 3 - ORDER OF CONDITIONS: Fuller Meadows 242-222 21. 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. 22. 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 . 236' Prior to the issuance of a Certificate of Compliance, the applicant shall submit a letter to the Conservation Commission from a registered professional engineer certifying that the work is in compliance with the plans referenced above and the conditions stated above. 24. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. 250 _ Accepted --engineering- and--construction standards and procedures shall be- followed, in'the`-completion< of the--project.- 26. Issuance of these-conditions does no 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 :. - - 27:- A bond in the- amount .of-;S2000.00 shall be posted -:per- instructions- _- _- of Town Counsel �._Construction.: shall be secured -by a proper bond ". --- _ or a deposit of-money or negotiable.'securities , sufficient in the' op ini on,. of_ the. Nor th_ .Andover Conservation Commission to secure the performance- of -the construction of- the required work. bond or securi y_ .- filed or depo-sitdd shall . be approved as to - form and manner of execution by the Town Counsel, and shall be q ( contengent on ,the- completion of- re uired work within one 1) ' year of the date of issuance of this order. Forms F,G,H,K,R (see appendix)._ This condition is 'issued- under the -Town of North 'Andover'.Wetlands Protection Bylaw Section .3.5 A & B. 4 . 242 22'� ' Issued 13y Conservation Commission Signature(s) 7?, This Oder trust be signed by a majority of the Conservation om Ission. �-- On ihls day of Febnu r , 19 84 , before me personally appeared Guillermo Vi.cens . , to me known to be the person described in and who executed the foregoing Instrument and acknowledged that he/she executed tha':�ameias his/her free act and need. 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 residents of the city or town in which such land is located are hereby notified of their right io request the Department of Environmental Quality Engineering to issue a Superseding Order,providing The request Is made by certified mail or hand delivery to the Department within len days from the dale of issuance of this Order.A copy of the requesl shalt at the same time be sent by certified mail or hand delivery to The Conservation Commission and the applicant: Delach on dotted-line and submit to the: prior to commencement of_work.:-- To :Issuing Aulhofity. Please be advised that the Order of Conditions for the psi ject a "- — File Number has been recorded at the Registry of . and' has been noted In The chain of title of the affected property in accordance with General Condition 8 on - 19 -- If recorded land,the Instrument number which identifies-this transaction Is If registered land;the document number which identifies this transaction Is'-- Signature Applicant=- ':'