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HomeMy WebLinkAbout1984-08-17 Order of Conditions DEF SUB 242-294 i ''QE Filo No. 2 42^-2 94 "! (To be•provided by REOE) it l�orl-1-i Andovoi- Commonwealth city/Tawn x Lai-e of Massachusetts Applicant ;N, Order of Conditions Massachusetts Wetlands Protection Act G.1— c. 131,.§40 _ __.. GInd undei Jthe' Town' of North Andover Bylaw, Chapter ~3.5-,A•'&. .B" !; , llE I -1-- Col1si !-Vo l.OlZ �..C)mill1.��+ 3 (ill :,i."la ' From ., - ••;E� A.J . Lr-lno Col,l��rl.l:).y Len.ja�ll.t.rl Osgood, Trust e�'!;';r4� t To Name of Applicant) (Nb no of property owner) lr` ^3 7 5r)O( :�ol_c:c: ;1:c } ,.:a lcl �l)./I l ndovel_ SLLeet 1. 1 i ll� n 7{) N :�ndnvoi- mA 01.845 1 1" I;i1i ll�ll. il(l y Address Address k1:4 This Order Is Issued and delivered as follows: ❑ ±by hand dellvery to applicant or representative on (dale) . } p by certified mail, return receipt requested on ;j 1.,ots 28 & 30 This project Is located a Nr�t� • o-rl,_.11. i.'an�if?'XF .a 'r;•�?j The property Is recorded at the Registry of , ; rid Boo 1 5 —Page— Certificate(if registered) The Notice of Intent for this project was filed on gi ' (date) The public hearing was closed on 11•s t 28 1 1)S."i (date) Findings --- The J�1i�CC has re 'iewed the above-referenced Notice of ,•`,' ,., Intent and plans and has held a public hearing on the project, Based or 'the information available-to the y l = '� has determined that _ N�� '.� _ at this time, the ,.,. ` the area on which the proposed work Is to be done 1s significant t' tho 'ollo.wing 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): 0 Public water supply Storm damago prbventlon ` ® Private water supply ® Prevention of pollution' ❑ land containing shellfish . . ._... ." � Groundwater supply � • ;;• 14 Flood control ❑ Fisheries 1:4 • r r, .iC.()�7C�7 ( I17c? • i���CC ' ' hereby !Inds that III following conditions are Therefore, the . necnasary, In nccorcinnco will, tho Poriormanco Standards sat forth In Iho regulal{ona, to protect those Wei - esis chocked above.�T110 l�ACC orders thr1tall work shalt be parlornte the 101i In accordance with said conditions and with the Notice of Intent referenced nbova.Ta the extent Maicf lowing conditions modify or differ from the playas, apoclllcations or other proposals submitted with the Notilce of Intent, the condilion3 shall control. '; , ' :':•'rt jot Can oral Condltlone { . Nn 1• Failure to comply with all conditions statod heroin,rind wlth all rolahad statulos acid other regulatory mea uron, shalt be doomed causo to revoke or modify thls Order. 2. This Order does not grant any property rights or any exelusivg privtlal}as; It doos not authorize arty lnjw to private property orinvazlon of private rights.' ,,•k•;i' F a. 'Thin Order does not roilovo the pormittoo or any other person of the nocosGity of complying with other applicabto federal, ntato or local statutes,ordinancos, by-laws or regut�tians• T 4• Tl',a work authorized hereunder shall be completed within throe years from the date of this Order antes eithor of the following apply. _ .__.._ .... (a) tho work Is a maintenance dredging proloct,a.s provided for In the Act; n_r (b) the time for compictlon has been extended to a specified dale more than ttgev years.,but toss the five years, from the data of issuance and both that data and the Special circumstances warranOng the extended time period are set forth In this Order. z::;,;►1, •W l 5. This Order may po eylendod by the Issuing authority for one or more perfocts of up'lo three years each upon application to the issuing authority at least;3Q days prior to the oxpiradon date of the©rder,. '," 0. Any fill used In connection with this project'shall be clean fill, containing no trash, refuse, rubbish order bris. Including but not limited to'lumber,brlck.s,'plaste3r,wire, lath,`poper, cardboard, pipe, tires,ashes, . ,. refrigerators,motor vchicios or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal perioda 4rom this Order have elapsed or.N 1Ss such an appeal has been flied,,unt7 all proceedings before the Department have been completed,,: No work shall be undertaken until the Final Order has been re orded In the Registry of Deeds or the La '' •- Court for the district In which the land is located,within tho chain of title of the affected property.In the case of recordod land, the Final Order shall also be noted In the Registry's Gmntor Index under the nay • . of the owner of the land upon which the proposed work-is to bo'dono. In the case of regislared Lind,It'. >'ina)Order shall also be noted on the Land•Court Certificate of Tills of the owner of the land upon whlC r •'' the proposed work is to be Bono.Tito recording Intormatton shall be submitted lb the 5k. on the form at the and of this Order prior to commencomnl;it of the work. 9. A sign shall be displayed at the site not less than two square taut or'mora than Three square feat In size' . bearing the wards, "Massachusetts Department of snvlronmentai QlastJity Engineering, File Number � • rr;;ff�,' • ,10. Where the Department of a nvironmental Quality Criglneoring Is requosled to make a determinelfon and nservation Commission shall be a Arty to ail.agency proceeding; to issue a SuperoedinQ Order, tho Co and hearings before the Department. �",1k''� ' "'+•",-'' 1 1 . Upon compI tloli of the worst daserlbed heroin, the applicant shall forthwith request In writln that a'kf Certificate of Compliance be Issued stating that the work has boeh satisfactorily completed. • 12. Trio wane shall conform to the following plans and apeclal c6ndition3: "`tea: ORDER OF CONDITIONS : Lots 28 L 30 Katecoach (The Knos) 242-294 12 . N(fl-' k'e or 1111-'ent, f;13hm i 1-.Led by A..J. L;n:io Co . prepared by Thomas L. I'love iL.7,so.UaLes Inc. dated Auo"st 19, 1985 . Six (6) wheeK . enhitled "Si to 06velopme"t Plan Vie Pines Lot 1301f by Tho''I.ls -1 . Nevo AssocyMes Inc. dated July 19P 1985 . One (1) shrrL , No. 690-30. 1 c. "L.in entitled "Site Development Plan The Pines Lot #28" pi-op�i)-(,d by Thom:-i-, E'. Nevo Assoc-1,0-'es Inc.. d,,.i1.,od July 11)t 1985 , revised Ontohnr 141 1985 . One (1) sheet. No. 493-28. 13 . This Ord& K CondlHoW is issued in addlMn to those issund "nder File 242-23G . 14 . Pri (w to anK construction on An site, a douhlr row of staked hay bRIes S all he placed between all conskruMio" areas and wetland areas , This Ypy bale harrier shall he inspected and ,-I:- I']-0VP(1 by the UACC M'lor to start of consWcQon. This row nf My holes shall remain intact until all dMurhed areas have been Mched, seeded and stabilized to provent erosion. 15 . Upon completion of construction and grading, all areas shall Kibili.sed permannntly a-ainst erosion. This shall he done Mhor by soddK3, nulGhlng accordKZ to Soil Conservation Service standards , ny by loaming and seeding. If the latter course is chosen, stabiltzation will he considprod. once the surface shows complehe vegetative wover has benn achieved. 16 . All erosion prevention and sedimentation pro tdcl-1.on measures found necessary during construction by the North Andover Conservation Commission will be implemented M the direchlon of the HAGG. 17. Any changes in the su%Aked plans , Notice of Intent, or re- wulUJ08 from the aForowentioned vondMons musL he submit Led to Ma NACC for approval prior to implementation. If the NACC finds , by majority vow , said changes to be sianHica"t and/or deviaLe from the orl6inal plans , Notice of Mank or this Order of Conditions aDd would best be served by this Vasuance of addMonal conditions , Men the NACC will call for another public hear.luig 21 days , at the expeunc A the appltcant, in or(Jo-r to Lake Loskinn"y from all interested partries . With- A in 21 days of LhQ close of said public hearin8p the NAcc will issue an amended or new Order of Conditions . ORDER 010 CONDITIONS : LoLs 284 30 Stagecoach (The wines ) 202-296 I> AM,` PrvOrs QUM in the dlans or information subMkLed by rhe wlicaM shall be considered as changes and procedures outlined for changes shn1l be followed, 19 . T1W P-J.'OvislOns Of I his Order shall apply and be binding lipon Lhc applicant I Us employees , and all successors and cis siins in W.WQst on control; 2 I'l 1-0T­ LO W issua"M Of U QrKfWate ' of Compljanc24 the , ,-qv11ca-f:)1., Shall sLibmiL a letter to the ConservaUo" Commission from a Y03ishered proFessional engineer certifying that the I i ,%fork is in con with the plans referenced above the condWons stated above . H . i1eai�bers of the NACC shall have the right to enWr upon and inspect the premises to evaluate compliance with Wis Order W Conditions . 22 . Accepted en3ineerin3 and construction standards and procedures sball be followed in the completion of the project. 23. Issuance of these conditions does not in any way imply or certify Lhat the site or downstream areas will noL be subject to flooding, storm dawage4 or any other form of damage due Lo weLnesq . 26 . A surety performance bond or letter of crediL running to Lhe Town of North Andover shall be provided in the amount of 032000 (ql , 000 Lot 28, $2000 Lot 30) which shall be in all respects satisfactory to Town Counsel and the NoUh Andover Conservation Commission and shall be posted wQ4 the Treasurer of the Town K North Andover before commencement of work, . Said bond or ' let ter of credit shall be signed by a parLy or parties satisfactory to the Conservation Commission and Town Counsel and shall be released after cowpletion of the project, provided WaL provi'sionp SaRqfactory to the Coami has a n s bee made for performance of ratty conditions which are of a coi-LU-111111,1'g, nature . Issued B 11i j 'r, r ' conservation Commission Sign lure(s) _ °• r tf � 71- . . ,S. r•a 11�•, 6.S•JI;••' � .. �'1 I�r ilt�'f order must be signed 13y i;m�Jority of the Conservation Commission '. ;': `. _. .._ This O si ne tf :` •`.'.. f f. 1^ ?flw.lt riayof on INS r'.1'J�l,riri- J. ' beforemo G,Ii , rltic, Vit.c`11 ' ;, ./r. ';tip;• personally appeared me known to be the '' tJg• person descr ibed il� said who executed Iho forcooing Instrument and ackno /led,IeU that he/she executed •'.: '•��: �.r4 I the saino aS his/her free act and deed. ... ... �rt,��if^J`X r .rr,,��; /J4,r, •'!r ,J j9,a ' � .'Lt .'�"• :�� r}(�,: ` 'ubtic My commisslon oxplrosotary f The applicant.Ihe owner,any parson npdrlevnd by this Order,any ownar of land abutting the land upon which the proposed work is lo.,r•�;; .�t;� be done or nny Ian resldonts or the city or lows 1n which such land in located are hereby notified of their rioht,q request the Dopartment , o1 Environmental ouality Cnglnoaring to Issue a suporeoding order.provldtnp the fequost is mode by corltrlcd moil or hand delivery to %Ir ;,} . , the Department within ton days from the dale of Issuance of tl,ls order.A copy of the(oquost shall at the same time be sent by eotti ed'rs.;�,'' ; , mail or hand detivory to the Consorvotlon Comrntaslon and 11,o nppElcenl. . Y. prtortocommencona'•ntelwork.. •ijr Detach on dotted line and submit 10 Ike' , .r1•..• •.41HI..r....•.........r.........•.........................1•:r.. •....,...�...•••••� • ...•••................•.. ,............................................................ •....,.••...I.••r rr.r..Il r..r r..•..•. • •...••.... . j _ ,. ' •,\y''\' 1' :Issulnp`Aulhonty ♦ ; 1 To pleaso be edvlsed that Iho ordor of Conditions for the proloat at .i ;. - •S'� '„}'' and . 1 ' Tito Number_ fins boon recorded tit�the rioglalry of „ has been noted In Ilia chain of 11110 of 11113'affocted proporly In nceordonoo with Ooneral Condition 0 on, l g•--- 1` ` It recorded land. the lnslrument nt,,siber which Identities this transaction Is ,... � t it repislered land, the document,%umber which Idontiflos this transaction to ,fit Applitant •w._.�,,._...,,.._.,.r-..—,-r--;,...-.-.•.----•...••'_".` '•--�,�'-�*""•`� !l`�tj"{`T'�li:. �` ,. 'i 'rI,'..F; ,1., ,.1 n •�.i+�'S�i'l., 1r1'r �'f .. �'.u, ...