HomeMy WebLinkAbout1984-08-17 Order of Conditions DEF SUB 242-278 f, -QE Fllo No. I/I Z--2 78
Vf Y (To be provided by QEQE)
_ M North Andover.
y Commonwealth clty/Town
= of Massachusetts Appilcant A.J . Lane
IV of Conditions f ,
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Massachusetts Wetlands Protection Act
_ . G.J. c. 1 3't,,§4O
.n.nd under the Town' of NOri✓h Andover-Bylaw,- Chapter 3.5 A' & B"
From_ Norl-1i Andov, r. Cmnsoi-yal-i can' (',nrnrni ssi c,,, +}
To A.J. ' Lane Corp-)any Bert jami.n Osgood, Trtis LeP
(Name of Applicant) (Na,ne of property owner)
.1500 Worcest.e-• Road 424 Andover SLreeL
- Address Frami.ri � iarg 114A 01-701- Address Nor i_h And.oye-r� MA
This Order is issued and delivered as follows:
❑ Eby hand delivery to applicant or representative on (date)
D by certified mail, return rece fegtsted�i � 1 ,1 -�.0 Pi, _-(date) ti
This project is located a Lo l. 22 Vine RJ,Jp>e l;oacl
The properly Is recorded at the Registry of � `
Book_
1.IV)5 page .3 21 `
Certificate(if registered) ,
The Notice of Intent for this project was filed on Jitl V 7 i ` 1 i (date)
..t1y '
.- The public hearing was closed an J� 3:1., 1.985 (date)
Findings
NACU
The has reviewed the above-referenced Notice of.;14
Intent and plans and has held a pubiic'hearing on the project. Based on'the'lnformation 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 the following Interests In accordance with
the Presumptions of Slgnificance set forth In the regulations for each Xne Subject 10 Protection Under the
• Act(check as appropriate):
M Public water supply l� ' Storm damage prdvention
W Private water supply ® Prevention of pollution
® Ground water supply ❑' Land containing shellfish
[�3 Flood control ❑ •Flsherles
GpLANNIN BOf ,
Lot; 22 pINE RIDGE. R06--D 242--278 3
Therefore, the, ' ' �innr _ —hereby finds that the following conditions are
necessary, In accordance with the perforrrt' c, ,Standards 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 tho lot!.,
lowing conditions modify or differ from the ptaris,specifications or other proposals submitted with th0 Notice
. d
of Intent, the conditions shall control.
i
General Conditions
t. Failure to comply with all conditions stated herein,and with all.relatod statutes and gther regulatory mean-
ures, shall be deemed cause to revoke or modify thls Order,
2, This Order does not grant any property rights or any exclusive privileges, It does not authorize arty injury'
-.._ to private property or invasion of private rights,'
3. 'This Order does not relieve the permittee or any other person of tha necessity of complying with aq
other applicable federal;state or local statutes,ordinances, by-laws or regulations,
k
4. Tha worst authorized hereunder shall be completed within three years fronUhe date of this Order unless'
eithe�of the following PP1Y�a
.
(a) tyre work'ls a maintenance dredging proloct,as provided for In the Act; or
(b) the time for completion has been extended to a specified date more than,ttXree 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 t3a extended by the Issuing authority for one or more periods of u.p'to three years each
upon application to the Issuing authority at least 30 daya prior to the expiration date of the`Order. J
S. Any fill used In connection with this project shall be clean fltl,containing no trash,refuse,rubbish or de
bris, including but not limited to lumber,bricks,•plaster,wire,lath,;oapor, 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 hom this Order have elapsed or,If ;
such an appeal has been filed,,until all proceedings before the Department have been completed.
B. No worst shall be undertaken until the Final Order had been re forded In the Registry of Deeds or the Land,
• Court for the dlstdct In which the land Is located,within the chain of lilts of the affected property.In the
case of recorded land, the final Order shall also be noted in the Acgistry's Gmntor Index under the name
of the owner of the land upon which the proposed work Is to be'dooe. in thq 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 worst Is to be done.The recording information shall-be submitted tb the NAC4 ...�
on the font at the end of this Order prior to-commenceme9t'of the work.
9. A sign shall be displayed at the site not less than two square feet or'more than three square feet in size
T bearing the words, ',Massachusetts Department of Environmental Quality Erngineering,
Fie Number 242-2 7 8 ;
10. Where the Department of Environmental Guality Engineering Is requested to make a determination and
to Issue a Supemeding Order, the Conservation Commission shall be a party to all.agency proceedings .
and hearings before the Department, t ,
1 1 , Upon completion of the work described herein,the applicant shall forthwith request in wrtting theta .
Certificate of Compliance be issued stating that,the work has beeti satisfactorily completed. ,
12.The worst shall cr nform to the following plans and special conditions:
t
6.2
ORDER OF CONDITIONS: Lot 22 The Pines
242-278
a. Notice of Intent of the A.J. Lane Company/Prepared by Thomas E. Neve
Associates/Dated 7/23/85/Six (6) pages,
b. Plan titled "Site Development Plan "The Pines" Lot 22, North Andover, NIA"/
Prepared for the A.J. Lane Co./Prepared by Thomas E. Neve Associates/
Dated July 18, 1985/One (1) sheet.
13. A filter fabric fence, backed by a row of staked hay bales, shall extend
through the existing wetlands (to uplands on both sides) , perpendicular
to the flow of eater. This erosion check darn shall be constructed prior
to any work being done on the proposed sewer service. Also, said, erosion
check dam shall be constructed downstream of the proposed sewer service, and
a minimum of 5' upstream from the existing culvert.
14. 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.
15. Prior to the issuance of a Certifiacte 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,
16,. Members of the NACC shall have the right to enter upon and inspect the premises
to evaluate compliance with this Order of Conditions,
17. Accepted enginering and construction standards and procedures shall be
followed in the completion of the project.
18. 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 fonn of damage due to wetness.
19. 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
surcace showscomplete vegetative cover has been achieved.
20. All erosion prevention and sedimentation protection measures found necessary
during construction by the North Andover Conservation Commission will be
implemented at the direction of the NACC or Highway Surveyor.
21. Any changes in the submitted plans, Notice of Intent or resulting from the
aforementioned conditions, must be suNrilted to the NACC for approval prior
to implementation. If the NACC finds, by majority vote, said changes to be
signficant 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.
- 3 -
ORDER OF CONDITIONS: Lot 22 `1[h PINSS
2_42-278
22. Any errors found in the plans or information submitted by the applicant
shall be considered as changes and procedures outlined for cha.Rges shall
be followed.
^'4
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_ 4 _
Lot-- 22 111ANL it DUE ^tIOAD 242 -7_78
Issued By Nort-h -Al _Jovo•1- bnservation Commission �. .
5
Signature(s)
This Ord r must be signed by 1.1 majority of the Conservation Commission.
31 (� l�.t1 �uS is `�
On this day of g 19 , before me
personally appeared Giv.1.1-b-irmo V_i.ceii.s , ,o me known to be the
i
porson,, described it,,and who executed the foregoing Instrument and ackno pled,ted that he/she executed
the same as his/her free act and deed. ,
Notary Public My commission expires
The appitcant,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 Envlronmontal ouaiity Engineering to Issue a Supersoding Order,providlno the request Is made by corliflod mail or hand delivery to
the Department within ton days from lho date of Issuance of this order,A copy of the tequost shall at the same lime be sent by corlified
mail or hand detivory to the Conservation Commission and the applicant. i
.r
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Delach on dotted fine and submit to the prior to commencement of work, k i
.......................... ........................................................................•. ;
70 Issuing Authority
Please be advised that the Order of Conditions for the project nt— j
File Numbor w has boon recorded at the Registry of and ;
f
has been noted In the chain of title of the affected property in accordance with Genoral Condition a on
II recorded land, the Instrument nr...rlber which Identifies this transaction Is 1
If registered land, the document.'-amber which Identifies this transaction Is
Signature Applicant s
. 4
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TOWN oe 4011 H' ANDOYCn, MASSAC!•Ia
r ii6gip,
arrlcr. or �
_ CoNSERVATION COMMISSION
11f)fl 111 1 ,:.-;tdl�
°I ,r,•n ' .�tn TELEPI1oNE 653-7105 ;,'401i,
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Pursu,lnt to the autl-iority Of the Wetlyanus rrotection Act,
Massachusetts General. Laws Chanter 1310 Section 40 , as amended, ..'.,' ,;:,r•. , �;d`{'f�,
and tiac Town of, Nort11 Andover' s Wetland Protect:i.aa3 D I.`4aw the ..
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Nord)-% -Andover Conservation -Commission- will hold a" 'Public Healing
. on M8., 1g85� at ' a :00 P.M. at the. Town Building
Mecti.ng Room, 120 Main Street, North Andover, r A on the Notice
__..._ .... �al r
o f Intent: of 1�.•J.. Lame... C�m�ay w; �-�;- t.o � t G l and at. f ,yr't
+.• ,4r L3�+f�llh� :
LQI-,s '-28 -&- 4• The..• '-,nes (Sta eco<ach R•o4d-) ._ for Purposes of
cpns tt-uct wo ` s�ing.1� "� i �lraa-1 i -$"�' id 'oei ec s ructute S >. •.
..
Plans are available at the Conservation, Commi.,lion Office ,
jown Building, 120 Main Street, North 'Andover, MA., on' Tuesday
from 12 :00 noon to 2 :00 p.m. and byappointment.
)3y: G. Vicens
Chairman, NACC
on Augur-.. 2.,, .l:9gs • ,piss
run once in the N.A. Citizen ►+ e.�
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Copies sent to
Plannin Board
Board Health
Public Works
lii.gliway DepL ,
Appl.icsant , Id}?,
Engineer
D E Q E
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TOWN OU SORTH ANDOVr-R, MASSACFTUS• j TS
• arnica or I
CONSERVATION COMMISSION
,t°fl T ii
"`d O TELEPHONE 603-7105
Pursuant, to the authority of the Wetlands irotection Act,
Massachusetts General Laws Chapter 131, Section 40, as amended,
. i.i
and the Town of North Andover ' s Wetland Protection By Law, the
North Andover Conservation Commission will hol( a Public Hearing
on Jttly 31 , 1985 at 8 :00 P.M. a'E I the Town Building
Meeting Room, 120 Main Street:, North Andover , ` A on the Notice ,
of Intent of A.J. Lane t;o. alter land at
Lot 22 Pi-ne Ridge Road .for purposes of
const:.rticting a sewer service 11ne c c. toss the wet:larios
Plans are available at the Conservation Commission Office ,
Town Building, 120 Main Street Nort-h 'Andover, MA, on Tuesday
,from 12 :00 noon to 2 :00 p.m. and by appointment.
.,d
. :.s .
By: G. Vicens
ChairL-ian, NACC
run once in the U.A. Citizen 25 , 1985
— - Copies sent' to :
Plannin Board
Board o Health
Public Works
Highway Dept. E gym_
Applicant
Lg
Engineer , ;1
DEQE
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NNIN ROAR
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1
TOWN O 'NORTH ANDOVER, MASSACHUL 'fTS
OPFIct or
CONSERVATION COMMISSION
OORTH
of 1ti0
TELEPHONE 683_7105
* 4ft, y'ilitw
i
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 j,11.v 31 , at $ :00 P.M. at the Town
Building Meeting Room, 120 Mahn Street, North Andover, MA on
the Wetland Determination Request of A.J. Lane
•
land located at Lots 21 23 24 2$ 30 & 44 The Pines-
By: G. Vicens
Chairman, NACC
run once in the N.A. Citizen on _ July 25 , 19$5
,Copies sent to:
- Planning Board
Board of Health
Pub-lic Works
Highway Dept.
Applicant
Engineer
DEQE
anAR
p �NIN `
TOWN 'vF NORTH• ANDOVER, MASSACHU, 4TTS"
orrrae or
CONSERVATION COMMISSION
TELEPHONE 603_7105
.. SACHUS�jSy
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 Wetl.and'" Protection By Law, the
North Andover Conservation Commission will hold a Public Meeting
on Al1,Ilst 28 1985 at 8 :00 P.M. at the Town
r
— Building Meeting Room, 120 Main Street, North Andover, MA on
the Wetland Determination Request of Deeathelon Construcl-:ion Cj).
land located at Lot, 36 Appleton St/Stage-coach Read and of 5 Pipe Ridge Itl
By: G. Vic ens
Chairman, NACC
run once in the N.A. Citizen on August 22, 1985
Copies sent to :
Planning Board `..•r
Board of Health
Public Works
Highway Dept.
Applicant
Engineer
DEQE