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HomeMy WebLinkAbout1984-08-17 Order of Conditions DEF SUB 242-236 VTlbe provided by DEQE) North Andover _ Commonwealth Gltyrftwn of Massachusetts John Tuttle Applicant Order of Conditions Massachusetts Wetlands Protection Act , G. . c. J 31 , §40 and uiider� the ToN�m. of Norte. Evn over Bella%.' Chapter 3. 5 A 1i B _.. _ ._...__ North, Andover Conservation Comnus.s.i.oxL_. From Anna & Claudia Tymnakiewiz Sohn Tuttle 464 Appleton Street, N. Andover MA To (Name of Applicant) (Name of property owner) 52 Village Green Drive Margaret R. Simon North Andover, MA 01845 dress 41 Merrimack Street ,Address Methuen;---"MA This Order is issued.and delivered as follows;. ❑ lby hand delivery to applicant or representative on (date) CS by certified mail, return receipt quested on_0CtQber_12t, 198.4 (date) This project is located at _ The property Is recorded at the Registry of Northern Essex - 1107 153' Soo 707 Page.,,__.:-�-_ Certificate {if reg'isiered); The Notice of 16teht for this project was filed on Sep eml er 4�1984 (date) The public hearing was closed on September 26-, 1984 4date) Findings The No. Andover Conservation- Comm. _—has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the NACC at this time, tho has determined chat the nrerea on which theprop §ed work is to be,.done is significant to the following interests In accordance wrih the Presumplions of Significance set forth in the regulations for each Area Subject to Protection Linder the Act (check as appropriate): LA Public water supply. N Storm damage, prevention Private water supply k Proventian'of pollution' I Graurs'd water supply' ❑ ' Land con,aIrling shellfish 91 Flood control ❑ Fisheries THE''VINES): 242-236 01 mcG Therefore, the herbby finds that the following conditions are necessary, in accordance.' ith thb Performance Staridprds set forth in the regulations, to protect those inter- . , ;�. ests checked above.The _ �,�, - 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 p16)i ,`bpe'ciflcations or other proposals submitted with the Notice of intent, the conditions,shall control. General Conditions !s' 1 . Failure to comply with all'conditions slated'herein, and with all related statutes and otfter regulatory meas- ures, shall be deemed cause to revoke or modify this Ordet. 2, This Order does noi'grant any property rights or pny excluslve privileges', it does not authorize any injury to private property or invasion of'private rights, „ 3. This Order does not relieve the per.mittee or any other person of the necessity of complying with all other app5cable federal, stat©or local statutes, ordinances, by-laas-or_—gulations. 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 thane 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 .r upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used In connection with this project shall be clean fill, containing no trash, refuse, rubbish or de- bris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard,pipe, tires,ashes, is refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal perlods 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 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 cornrbencement 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 Env€ronmental Quality Engineering, a File Number 242-236 10, Where the Department of Environmental Quality.Engineering is requested to make a determination and to issue a Superseding Order, tho Conservation Commissipn shall be a party to all'agency proceedings and hearings before the Department. - 4 t t� 11 . Upon completion of the work described herein,the applicant shall forthwith request in writing that a :YYlYYI Certificate of Compliance be issued stating that the work f)as been satisfactorily completed, 1 2.The work shal€conform to the following plans.an4speci6l ponditions: ORDER OF CONDITIONS : THE PINES . 242-236 a. Plans entitled "Definitive Subdivision Plan of the Pines" prepared for Tuttle-Simon-Tymnakiewiz Subdivision by Thomas E. Neve Associates , ' Inc. dated May 7, 1984 and ---- final revision June 29, 1984, '984. � Fivg (5) sheets (No. 1, 60 -- b. Notice of Intent -submitted by .John Tuttl.'e, Jr. prepared by Thomas E. Neve Associates Inc. dated August 310 1984... Seven '( 7)' sheets . c: Letter fr6fii,'Thoma's �E. Neve Associate's , Tnc� . to North Andover Planning .Board dated .June . 29, 1984 and attached Environmenr-al Impact Statement and Drainage Anal sis Report'. ., =-Eleven . (11) sheets .plus twenty-four (24� calcul.at,ioh' .sheets,.: d. Letter from Nor.thi' Andovi'r• ''C"bnservati_on Commission - to Thomas E. Neve Assoc,,)a•te,s, 10.C,. dated September 14, 1984. One (1) sheet. . e . Letter from Thomas E. Neve Assddiates, Inc. t.o. North . Andover Conservation Comission, dated September 20, 1984. Two (2) sheets . f . Plans entitled " Predevelopment Runoff/USDA Soils Types" prepared by Thomas E. Neve Assoc_i-ates Inc. dated May 7, 1984, Final Revision September 10, 1984. Four (4) sheets (6A, 7A, 8A, 9A) . g• P-Ians _ent-itle.d "Topography-Utili ties".._shQwing potential house' locati-onsf,- by Thomas E. Neve Associates, Inc. dated ,June 8, 1984. Final revision September 20, 1984. Four . (4) sheets . 13. FINDINGS 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 alternative with minimum impact on wetland areas has been designed.. Further the NACC believes the applicant has overstated the area affected by the roadway crossings . - 3 - r , ORUER"Or `CONDITIONS TH8,�`. PINES t 242-236 II . The fuiiare develaprncnt of 'the ,;residential . Lots in this subdivision couid� have ,r�d0.iti(3naj impacts, on. Wetland.' areas . As shown on the .plans identified above, there are suitable locati61W,-for' houses, on all of .the lots with no impact on' the wetlands ,: '; Consequently in order to prevent any fukther','impact, o,n the wetlands beyond that required for the roadway crossing, the NACC will require permanent conservation ,rostrictions. or easements as specified in Condition 16 below for all weal-and areas and detention ponds in the subdivi.on. 14. The work shall conform to the plans' and data noted above plus the following special conditions . 15 . The plans shall be revised to make the following design changes : a. Use a 24" RCP from intersection at Appleton Street Station 4 + 75 to pond on Lots No. 35/36 . b. Add rip-rap protection to the inlet and outlet of all ponds . c. Place the sewage pumping station on Lot 28 outside of the wetland areas . 16. All detention--areas and wetland areas on the site shall be placed under a conservation restriction covenant or easement to protect their function from further encroachment as, each residential lot is developed. This condition shall be complied with prior to any work on the subdivision. 17. Thi,s, Order of Conditions and the submitted Notice - of Intent do not cover any work on the south westerly side of the property in the wetland areas along the New England Power Company property line. 18 . This Order of Conditions covers the proposed roadways , drainage facilities, and utilities but does not include the development of individual lots . Any work on the followin lots will require a filing of a Request for Determination: 1, 5 5, 6, 70 9, 10, 21 , 22, 23, 24, 28, 300 310 329 33, 34, 35,- 36, 41 ,. 42, 43,, 44, & 47. 19. The work shall proceed according to the overall schedule presented in Item E above and more specifically the detention ponds . shall be constructed first as per the sequence given in the Drainage Analysis Report (Item c above) . i # ORDER OF CONDITIONS : THE PINES 242-236 20. The erosion control plan given in the Drainage Analysis Report - hem c e._e_ . . . 1 be implemented `during.--c-onst'uction. 2.1. All erosion prevention and ,sedimentation protection measures found necessary during construction by the- North Andover Conservation Commission will be .imp).emezited at the direction of the NACC or .Highway Surveyor. 22.' Any changes in. the submitted plans , Notice of Intent, or resulting from the a orementi.aned- conditions must 'be sub- iultted to 'the....NACC. f±'6r. approval prior' to implementation. If the NACC. finds; . by majority -vo L e. said changes. to be significant 'arid/or. deviate, from,' thy, original plan , Notice.' ` of Intent: or this Order o.f,.`C:arcit'ions'' to suc�i an extent that the interests of the. We•tjapds Protection Act cannot be pro- tected by this Order of t6liditioiis' and would best be served by the issuance of addi.ti_onal condi,t,ioria, 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 Condili.ons . 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 €ollowed.. 23. Members of the NACC shall have the right to enter upon and - ' inspect C�xe premises to evaluate compliance -�wth this Order of Conditions . 24. Accepted engineering and construction standards and procedures shall be followed in the com� letion - of the project. 25. 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. 26. 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 . 5 f ORDER OF CONDITI.ONS•i' THE TINES 242'-236 27. In addition to the re c uir°dments` df'. Cgndition No 1J , the. applicant shall submit '.a, letter, from a registered pro- fessional engineer, certifying.' compl.�iance with this Order of Conditions . Said letter will ,cert'.if_y, 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, Distaneds to•-al-I structures within 10U._.feet of wetland areas . An "As-Built" topographic plan of all areas within the jurisdiction of this Order of Condtions must be submitted when a Certificate of Compliance is requested. 28. A surety performance bond or letter of credit running to the North Andover Conservation Commission shall be provided in the amouiff--of $20,000. 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. -- - — r 6 THE PINES 2 )-236 Issued Ry North Andover Conservation Commission Signature(s) This Order must be signed by a majority of the Conservation Commission. On this 12th day of October i g 84 , before me personally appeared Anthony Galvagna , to me known to be the purson desciribed in and who executed the foregoing Instrument and acknowledged that he/she executed file same as his/her free act and deed. Notary Public My commission expires The appricant,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 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 ouality Engineering to issue a Superseding 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 cequest shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. on doticd llnq rind submit 16 the prior 10 commencnment of work. ............................ . ............................................ !Issuing Authority Please be advised that the Order of Conditions for the'prdject File number has been recorded at tl)e.Reyislry of;. --- and f� has been noled in the chain of lilie of[lie affected property in nccordr,nco with G4iieral Condilion 8 on-_---, 19--- i1 focorded land, the instrument number which identifies this Impsaction Is--,,,-.-- It registefed land,the docurnent number which identifies this transaction#s...__ = ---�-- — M Applicant Signature----- _ _---__�.------ i