Loading...
HomeMy WebLinkAbout1982-08-04 Conservation Documents DEF SUB T01'�!{ 7',- NORTH AT�if�OVER, MASSM '- 'TS OFFICE OF CONSERVATION COMMISSION ,405TH TELEPHONE 683-7105 oL Q94TIC•� A US Pursuant to the .authority of the Wetlands Protection Act, Massachusetts General Laws Chapter 131 , Section 40, as amended, and the Town of North Andovdr' s Vetland Protection By Law, the North Andover Conservation Commission will hold a Public Hearing on, _ April 18, 1984 _ at 8 :00 P.M. at the .Town Building Meeting -Room, 120 Main Street,- North Andover, . MA on the Notice of Intent of- Zachary Realty Corporation to --alter land at Lots 6 & 7A Bear Hill Road for purposes of constructjng a single family dwelling on each lot . 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.tn. and .by: appointment:` BY:. A. Galvagna :. Chairman- runm once in the N.A. Citizen on -April .5, 1984 . Copies'- sent to: Planning Board Board of Health Public Works. . - Highway Dept. Applicant Engineer DEQE ANDOVERI MASSAGH�1r7��5 _ orrice or { 'CONSERVATION COMMiSSIOHr: DEaEFiIsNo.- (To be provided by DEOE) - � `.�wr--1.`� .$:.•s; ,i •1M1 � �p�0 H ,{�,;: , ... .. r n= /� .t' �.t`11'�Y'y., »�.yy�;(�•�>. yw•.1 ice,{':..•:L '•• .,'.iL�� 3}�`,y4 `•• O .y cit�lITOWT! i\laL Lh' l.'nda i L - f Commonwealth " a ` p _ iicant De s i mer Homes & of Massachusetts , % App 'Callahan Thomas W. a• lahan �V_ Ve ,t ._._ {: ;;• ..Enforcement Order Massachusetts We Protection Act, G.L.'c. �13.Sec i�D and under the Town of North. _Andover' ByLaw, Chapter 3 on_ 3. 5 A '& B From FORTH A14DOVER CONSERVATION COtilTSSION ssuingAuthority Das,igner• Homes 'by Zakary;, Inc , To _ Date of Issuance F6bkuaxy '^l.9 19$4 Property lot/pa, number,.addreAear i l' 'Subdivi s ion Extent and Type of,activity: Extensive siltation o'f ,out flow. to Mosquito Brook and its ' wetlands as far downstream as Bannan Drive and Salem Street The. North,,Andover- Conservation -Cora. has determined that the activity described_.=�', ' - above is-inviolation of the Wetlands Protection-Act;:G.L.c, 131-,-§40;. d�the'RegulationspromulgatedlaurW7"_ .. - _ .. . . . .. suant thereto 3101CMR 1 D.00t because: : - -_` _-= �. -- _ --•. __ . ❑ Said activity has beenrs being conducted without a valid Order of-Conditions.: _ X1 Said activity has been/is being conducted in violation of an Order of Conditions issued to-'Designer Homes ;'dated- File number 5.$, condition number(s) 3L & 33 . ❑ 'Other(specify) _ The, �Vor><h r.ndover Conservation 'Co pis s'i ereby orders the following: . ❑ The property owner, his agents, permittees and all others shall immediately cease and desist frorg further . - activity affecting the wetland portion of this property. ❑ Wetland alterations resulfing'from said activity shall be corrected and the site retumed to its original con- . � - - dilion. .. DEoE File Na. 242-2 2 5 (To be provided by DEOE) Commonwealth cityrTown North Andover r of Massachusetts f P14V ppp�icanl� Zachary Realty Cc NI G80AR Order of nt logs MassachusettS Wetlands Projection Act C. . c. 31 , §40 and under the Tox;m• of Nord An over ByLata, Chapter 3. 5 A & B From North Andover Conserv_at., on Gomm.i_se10 — To " Zachary Realt Cor oration same (Name of Applicant) (Name of property owner) 59 Kingston Road Address Plaistow, New Hampshire :Address This Order's issued and delivered as follows: (date) ❑ Eby hand delivery to applicant or representative on {dale} tN by certified mail, return receipt requested on May This project is located a . . Lots 6 & 7A Bear Hill t The property is recorded at the Registry of North Essex Soot 1543 = -Page 35' Certificate(if registered) \ Apri-1--3,- .1984--- (date) The Notice of intent for this project was filed on April 18, 1984 date The public hearing was closed on ( )= Findings The_- T.oh �dLX -C� a t7 0 : CQi�j -has reviewed the abovereferenced Notice c Intent and plans and-has.held a public hearing on the'project. Based on•the Juformation available to the 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 witl the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): ❑ Public Ovate€supply' ❑ - Storm damage prevention.=- ❑ Private water supply ❑ Prevention of pollution* ❑ Ground water supply ❑ Land containing shellfish ❑ flood control 0 fisheries i L'}G"G G✓ 'Lot'"` 6 & 7A Beak Hill Therefore, the C 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 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- r 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.lo.cal 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 fill used in connection with this project shall be'clean fill, containing no trash, refuse, rubbish"br de=J- 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'h tridistrative appeal periods from this Order have elapsed.or,if::_ such ah appeal-has been.€iled,"-until.all'proceedings.before_the_Dep-ailment have_been completed:a- 8, -No work shall be undertaken until the Final Order has been recorded in-the Registry.of Desds-orthe land Court for the district in which the land is located, within the chairi-of titie=of the-affected-property.-In the case of recorded land, the Final Order shall aiso 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.ofTitle ofAhe.ownerof-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 Depar rnent of.Environmental Qualily.Engihe'dring; T File Number-!-- 24 -2 2 5 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: 11.-Upon completion,of the 4vork 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: Order of Conditions : Lots 6 & 7A Bear Hill 242-225 12. 1. Abbreviated Notice of Intent form dated 3/28/84 two (2) pages . 1 2. flan entitled "Site flan of Land in North Andover, MA, prepared for Zachary Realty Corp" by Andover Consultants , Inc. , dated March 22, 1984 one (1) sheet. .�� E 13. Not withstanding the information presented on the drawing E described in Condition 12, the wetlands line, per chapter 131 section 40 and the North Andover Town Bylaws on lots 6 & 7A shall be the uppermost contour of the retention ponds shown on the drawing described above. 14. A row of staked hay bales shall be placed between all construction areas and wetland areas :--This row of hay bales shall remain intaci until all disturbed areas have been stabilized to prevent erosion. 15. All disturbed areas shall be graded, loamed and seeded to provide restabilization of disturbed areas . After restabilization; hay bales shall be removed and sedimentation shall be removed from areas of accumulation. 16. All erosion prevention and sedimentation protection measures found necessary during construction- by the North---Andover-------- -- Conservation. Commission-will- be.--.i.mplemented-at—the-direction of the NACC or Highway Surveyor. 17. Any changes in the submitted plans , Notice of Intent, or resulting From the aforementioned conditions must be sub- mittted to the NACC for approval prior to implementation. If the NACC-finds, -by majority votes said changes- to be .- signi.f;ieant-=a_ ud/-pr=deviate---from---them--original-. plans-- =:= of Intent or this Order of Conditions to such an extent that the interests of the Wei✓i.-ands"Protection- Act cannot be-pr6tected 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 wi_thi.n . 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 . 18. Any errois found in-,tlie plans or information submitted by the applicant shall . be considered as changes- and procedures_ .out- lined for=-changes .. shal-i.—bef fo-i lowed—= ----_--- - 19. The provisions of this Order shall apply to and be binding upon the applicant, its employees , and all successors and assigns :-i.n- interest=or- control - 3 I Order of Conditions: Lots 6 & 7A Bear Hill 242-225 20. 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. 21. Members of the NACC shall have the right to enter upon and • inspect the premises to evaulate compliance with this Order of Conditions. 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. These conditions are imposed- in addition to those detailed on Order of Conditions file 242-158. 4 r - F2-225 Issued Na _ Ania,�ver Conservation Commission B Signature(s) r r This Older ust signed by a majority of the Conservation Commission. On this 4t;h day of May 19 84 , before me personally appeared •, tome known to be the person described in-and who executed the foregoing instrument and acknowledged that he/she executed the'�>ame as his/her free act and deed:= 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 to request the Department of Environmental Ouality Engineering io issue a superseding Order,providing the request is made by certified mail or hand delivery to the Department within ten days from the dale of issuance o1 this Order.A copy of the request shail at the same lime be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted flria and submit to-the ' prior to-commencement of work, To issuing Authority" Please be advised that the Order 61 Conditions for-lhe project a . File Number has been recorded ai the Registry of and has been-noled in tho chain of tifle of.lhe_alfecled property in accordance with General Condiiion.8 on 19 lf-reborded land;-the=inslmment=numb er-which-ideniires-#his-transacfioii is= If registered land,the document number which identifies this transaction is:_ _ Signature Applicant 5 - ` FORM 4 ORDER OF' CO.rDITIM4 W E T L A N D S P R 0 T E_C- T. 1 0 N A C T G.L. C. 131, s 40 Section 3.5 A & B and under� Town of North Andover BV Law, Chapter CITY/TOWN NORTH ANDOVER FILE NUMBER 242- 158 NAME Zachary Realty Corporation ADDRESS 69 Kingston Road Plaistow, New ampshi Mitchell Johnson Wagon Wheel Trail 03865 CERTIFIED MAIL NUMBER Meredith, New Hampshire 03253 PROJECT LOCATION: Address Bear Hill Recorded at Registry o f North Essex , Book 1543 , Page 35 Certificate (if registered) REGARDING: Notice of Intent Dated June 40 1982 and plans titled and dated see condition eleven (11) THIS ORDER IS ISSUED ON (date) September 8, 1982 ------------------------------ Pursuant to the authority of G.L. c. 131 , s. 40, the North Andover Conservatio3 Commission has reviewed your Notice of Intent and plans identified above, and as etermined that the area on which the proposed work -is to be done is significant to one or mare of the interests Listed in G.L. c.. 131, s . 40. Town of North Andover bylaws, Section 3.5 A & B Wetlands Protection, The North Andover Conservation Commission hereby orders that the .following conditions are necessary to protect sax. interests and all work shall be performed in strict accordance with them and with the Notice of Intent and plans identified above except _ where such modified by_said conditions . _____ ______ ____ _ CONDITIONS 1 . Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures , 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 priviate 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 and/or regulations . 4. The work authorized hereunder shall be completed within one (1 ) year from the date of this order unless it is for a maintenance dredging project subject to Section 5(9) . This order may be extended by the issuing authority for one or more additional, one-year eriods uper application to the said issuing 'authority at least thirty p(30) days prior to the expiration date of the order or its extension. Op C01,1T.3TION-S CONTINJII-Y.D - p r 5 . Any fill used in connection with this project shall be clean fill ' i containing no trash, rdfuse, rubbish or debris , including without limiting the generality of the foregoing, lumber, bricks, plaster, wire ,lath, paper, carboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 6. No work may be commenced until all appeal periods have elapsed from the order of the Conservation Commission or from a final order by the Department of Environmental Quality Engineering. 7. No work shall be undertaken until the final order, with respect to the proposed project, has been recorded in the Registry of Deeds . for the district in which the lAnd is located within th6' chain of title of the affected property. Thy Document number indicating such recording shall be submitted on the form at the end of this order . . to the issuer of this order prior to commencement of work. 8 . A sign shall be displayed at the site not less that two square feet or more than three square feet bearing the works, "Massachusetts �r Department of Environmental Quality Egnineering.. Number 242-- 15 . 9. Where the Department of Environmental. Quality Engineering is requested to make a determination and to issue a superseding order, the Conser- vation Commission shall be a party to all agency proceedings and hearings before the Department. 10. 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. 11 , The work shall conform to the following described plans and additional conditions : a. Notice of Intent,' Environmental Data' Form, and Calculations by I Kaminski, Gel.inas' and Associates, Inc. dated June 4, 1982 . Thirty-eight (38). pages. b. Letter and revised calculations from Kaminski, Gelinas and Associates , Inc. dated August 11, 1982. Forty-five (45) sheets . c. Plan entitled "Definitive Subdivision Plan for Bear Hill" prepared by Frank C. Gelinas and Associates, Inc, for Mitchell Johnson and Zachary Realty Corporation dated April 26, 1982 . Eleven (11) sheets. d. Plan entitled "Existing Diainage Characteristics of Bear Hill." prepared by Frank C.. Gelinas and Associates for Mitchell Johnson and Zachary Realty Corporation, dated March 25 , 1982 and revised April 26, 1982. One (1) sheet.. ( 3 . ORDER OF CONDITIONS : Bear Hill 242-158 e. Plan entitled "Soil Types - Notice of Intent of Bear Hill" prepared by Frank C. Gelinas and Associates for Mitchell Johnson and Zachary Realty Corporation, dated March 25, 1982 and revised April 26, 1982. One (1) sheet. f. . Plan entitled "Proposed Drainage Characteristics of Bear Hill" prepared by Frank C. Gelinas and Associates , Inc. for Mitchell Johnson and Zachary Realty Corporation, dated March 25, 1982 and revised April 26, 1982 and August 10, 1982. g. Plan .entitled "Site Regrading Plan - Bear Hill" prepared by Frank C. Gelinas and Associates, Inc. dated April 260 1982, and revised ' May 27, 1982 and August 109 1982. Four (4) sheets. h. Plan entitled "Erosion Control Plan of Bear Hill" prepared by Kaminski, Gelinas and Associates, Inc. dated June 21, 1982 and revised August 11, 1982. One (1� sheet. i. Plan entitled "Erosion Control Plan Showing Diversion Trench Locations for Bear Hill" by Frank C. Gelinas and Associates, Inc. dated August 19, 1982. Four (4) sheets. j . Additional plans shown street and associated drainage details some untitled prepared by Frank C. Gelinas and Associates, Inc. dated April 26, 1982. Sixteen (16) sheets , numbered 1A through 16A. k. Letter from Kaminski, Gelinas & Associates , Inc. dated September 1, 1982. 12. Any changes in the submitted plans or Notice of Intent or changes resulting from the aforementioned conditions shall be submitted to the NACC for approval prior to implementation. If the NACC finds by majority vote, said changes to be sig- nificant 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 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 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 . 13. During all phases of construction, erosion and siltation measures shall be implemented and maintained in accordance with the Notice of Intent and submitted plans referenced in condition llh and lli. ORDER OF CONDITIONS : Bear Hill 242-158 14. All erosion prevention measures , and sedimentation protection measures found necessary during construction -by the NACC, shall be implemented at the direction of the NACC, including, but not limited to, the placement of hay bales at potential sedimentation points . 15. The applicant shall designate an employee or consultant who shall be responsible for all site erosion and sedimentation control measures. Said representative shall be identified. in writing to the NACC prior to starting any work on this project. 16. The applicant shall notify the NACC in writing fourteen (14) days prior to the start of each of the phases ' of work described in the construction sequence plan submitted with item llb above. The development of this project shall follow the sequence sub- mitt6d by the applicant. 17. The drainage easements shown on plans referenced in condition 11 shall be recorded in the Registry of Deeds. The NACC shall be notified in writing when these are recorded. 18.' Prior to the development of the individual lots , site plan review will be required as follows : a. No work will be allowed under this filing on Lots 1, 29 3, 4, 5, 6, 7, 89 99 61, 620 630 64, 66, 67, G, H, and J except as noted on the plans referenced in Condition 11 for completing the roads detention areas. A new Notice of Intent will be required for any additional work on these lots. b. The following lots shall require the submission, to ,the NACC, of a site review plan, which includes all proposed construction, drainage, and grading, prior to the commence- ment of any work: Lots 14, 15, 18, 199 24, 25, 26, 310 37, 650 A, B, C, D, E, and F. c. Development on .the following lots may proceed in accordance with site plans referenced in Condition 11 providing there is no alteration within 50 f'eet of the wetlands : Lots 9, 10, 160 20, 229 450 46, and 47. d. Development on the remaining lots shall not require site review or Notice of Intent. - 5 ORDER OF CONDITIONS : Bear Hill 242-158 19. Members of the NACC shall have the right to enter upon ai►d inspect the premises to evaluate compliances with this Order of Conditions . 20. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 21. 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 . 22. In addition. to the. requirements of Condition No. 10, the applicant must submit a letter, from a professional registered 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 area subject to the Wetlands Protection Act. b. "As-Built" elevations and grades of all filled or altered wetland areas. An "As-Built" topographic plan of all areas within the jurisdiction of this Order of Conditions must be submitted when a Certificate of Compliance is requested. 23. 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. 24. The applicant shall notify the *NACC in writing any time lot lines .or numbers are changed in the future. 25. The applicant shall comply with the requirements of the Town .of North- Andovers Watershed Zoning By-Law. The Applicant, any person aggrieved by this order, any ovmer 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 locaEed, are hereby notified of their right to' appeal this order of the Department of Environ- mental Quality Engineering, provided the request is made in writing and by certified mail to the Department within ten (10) days from the issuance of this order. ISSUED BY NORTH ANDOVER CONSERVATION COMMISSION C On this $th day- of September 19 82 , before me personally appeared Anthony Galvagna to me known to e 'the person escri e in, and w o executed, the foregoing instrument and acknowledged that he executed the same as his free act and deed. 7 � My Commission expires44 , l�� DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO COMMENCEMENT OF WORK. To NORTH ANDOVER CONSERVATION COMMISSION (Issuing Authority) PLEASE .BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PROJECT AT FILE NUMBER 242- , HAS BEEN RECORDED AT THE REGISTRY OF ON (DATE) If recorded land, the instrument number which identifies this transaction is If registered land, t e document number which identifies this transaction is Signed Applicant tt r: TOVNry OF NORTH ANDOi/ER. MASSAL _JSETTS OFFICE of CONSERVATION cOMMISSION AoETk r°4at i° eloo TELEPHONE 683.-.7105 L Y .; f +.eta =• M�SSAC HU`'�� Pursuant to the authority of the 14etlands Protection Act, Massachusetts General Laws Chapter l31 , 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 Oil Nov,2lber 30� 1�33_ at 8 :00 P.M. at the Town Building Meeting Room, 120 Main Street, North Andover, MA on the Notice of Intent of Des:i-,ner 11o.-ies to alter land at Bear H?11 for purposes of reviewing clranges in the original Notice of Intent Plans •are _available at. the Conservation Commission Office, Town,-Bui=lding.,_120 Main Street. North "_Andover, .•MAS on-Tuesday from_12:00 noon -.to--2-:00 p.m.-- and by appointment. By: A. Galvagna Chairman run once .in the 7 A P i- n-n on lr`r, 7 1 983 • Copies sent to:`,� Planning:-Board Board - of Health- • Public Works ' _ Highway Dept.-- Applicant Engineer DEQE..:. I 7 CT- C i }.l r!11 i I Pursuant i. is the aw- oi"T ty of tl la}etlai S P2"�)i.t�.0 i.:E_m �'_<< s, Ilir�3'q;.�i-cht1.s. ts' . Gene ral- Laws ChcLpLe—[" 131� 40, as i_:i die:d and tad: Tovrn b: Nor�-h Aiidover°s:_Wet I and Protection By. a_ ,:,, the EI �`dc� ch � dc�ve.� Co''. xsetvatior� :Cca �r�assion EAll,1.1 I'd a: Pub is I,ea-r ig' �L�f �l4,.lL{ '1 - - r'� ? at -8oVV.-PvLta 'at-. 4LL ',.l.��f Z�': Build�.. �.� - Me et i hid: opit� fJaiStreet North P.ndciveD. M an the .I�Iof ice t cs f Intent of, t;r f=� to alter Iand �t, Plans are available at the Conservation Comm ssy 6n Of ficeF f ` 0v.i'l Bti iI d-i'll��' :�20 Ila3_ � St ie.et North Andover�' ISM-:; cam. I!u�_7d��p (ma" 1-2 o0� hc�L: �o 00(1 : 5�€nm anc� b + c7 i �ciezt :.. L vagi a 011 Board of H-leali-l-i O . i I a �T.;� TOWWL NORTH ANI)OVSR, MASSACHI STZ"S OFFICE OP _ CONSERVATION COMMISSION No�TN 32o�4s<<fl o TELEPHONE 683-7105 L rill 'f7 4OATv RSSACHLISE� Pursuant to the authority of the Wetlands Protection Act a Massachusetts General Laws Chapter 1310 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 on November 9 1983 at- 8 :00 P.M. at the Town Building Meeting Room, 120' Main Street, North Andover, 1AA on the Notice of Intent of Bear Hill Development Truss: to alter land at Lot 62A Bear till for purposes of constructing a sin;�Ie aT€li r d�eeliiiV and associated structureq . Plans are available at the Conservation Commission Office, To,Wh Building i-. 120 Main-.Street-North Andover,. MA, on Tuesday from 12 :00 noon to 2 :00 p.m. and by appointment. By: A. Galvagna Chairman run once in the N.A. Citizen on Nov. 3g 19$3 Copies sent to: Planning Board Board of Health Public Works - Highway Dept. , Applicant D Engineer DEQE 6NG BOA. ft TOWN {'.. .' NORTH ANDOVER, �AASSAC6- GL z'TTS OFFICE OF CONSERVATION COMMISSION �tl�TFf �0s+,461a 6yo TELEPHONE 683-7105 p'`w Tl o~Fn •45SAC"o t 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. on Noyet-iiber 9. 1983 at 8 :00 P.M. at the Town Building Meeting Room, 120' Main Street, North Andover, MA on the Notice of Intent of Beer Hill Development Trust to alter land at Lot 63A Bear Hill for purposes of coas—fuctiny� a single fai�ily dwelling and associated structurep . Plans are available at. the Cons ervation._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: A. Galvagna Chairman run once in the .... TNT ; ' �.al on ,Nov. 3. '1983 Copies sent to :, Planning Board Board of Health Public' Works Highway Dept. Applicant -7 Engineer DEQE ING OAR) `_ ' OWN OF Nir .TH ANDOVER. ,MASSACHUSET`t� , . �• op IC[ OF SS ON; CONSERVATION CONiNtI DEQEFIieNo. 242tl15 (To be provided 5y DEOE} H ���t`'- �rpy`tt4.o.♦^tio City/Town North And over Commonwealth 70 Designer Homes by Zach r of Massachusetts * * Applicant �SSACNUS' .. Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131 40 and under the Town- of North Andover .ByLaw, . Chapter. 3 Section 3. 5 A & B From IDRTH ANDOVER CONSERVATION CdiIISSION issuing Authorltv To Designer 'Homes by Zachary, Inc. & Thomas V% Callahan, Date of lssuance �`loyeiiilier' ' 0, ' 983` Property lot/parcel number, address Bear Hill. Subdivision Extent and type of.activity: E.<tensive erosion and sedimentation from site t© downs treani t,Ygtlands . The _Forth Andover Conservation Corn._L. has determined that iheaciivity-"riescribect. � above is in violation of the Wetlands Protection Act;G.L. c. 131;§40, and the Regulations promulgated pur- suant thereto 31 nlCMR 10.'00, because: ❑ Said activity has been/Is being conducted without a valid Order of Conditions—: ® Said activity has beenhi'be dg caneiucted iri violation of ah Order of Conditions issued to' ' Zachary, Realty , Mif chPl1 Johnson dated Se�teta?�er $ 1-82 File number 242-15$, Condition number(s) 13 & 16 ❑ Other(specify) The North r.ndover Conservation Co:_L_iis s iqereby orders the following: ❑ The property owner, his agents, peurnMees.and all others shall immediately cease and desist from further activity affecting the wetland portion of lhls property. ❑ Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 3 ' � 1 ` �,,r • �' r - 111 Y&RCENENT ORDER.: Bear , Hill Subdivision For the areas draining to La%e' Cochichewick: 1. remove as much as practical sediment deposited in brooks and ponds downsteam of Dale Street by November 30, . 1983 2Y stabilize all roadways on the site to the satisfaction of the North Andover Conservation Commission by November 25 , 1983 3 . stop all tree cutting on the site until after the roadways are stabilised 4. all sediment accumulation behind hay bales and/or filter fabric darns shall be -removed on a regular basis (as per item 10 of the Erosion Control Plan for Bear Hill dated 6/21/82, revised 8/11/82) i ,5 , ©EQE File Nc). 242-15 S ' (Ta be provided by OEQE) CWTown Nor h AndoVpr -commonweal 2 Des Iner. Homes b of Massachuse " 1 p ppiicasit ac ary ADDI•TIONAt rder of Conditions Massachusetts Wetlands Protection Act Gj_ c. d31 , §40 and under the Town of Nort Andover ByLaia, Chapter 3. 5 A B From ro _Designer Homes by Zachary & Tho�kas W. Callahan (Name of Applicant). (Name of property owner) 910" Boston Post Read Suite P.O. Box 239 .3 '11- Marlbor®ugh, MA 210 Atkins, New Hampshire 0 Address Address This Order is issued and delivered as follows: ❑ lby hand delivery to applicant or representative on (date) (date) }J by certified mail, return receipt requested on ' eclel� V This project is located a The property is recorded at-the Registry of 1010'y. .1543 Page 196�. 35 • Certificate-.(If registered) . - _ :.:The Notice of latent for this project was filed on__ :-�3ur__er (date) The public hearing was closed on - Findings has reviewed the abovb-referenced.Notic4 The Intent and plans and has held a public hearing on the project. Based on the information available to-the at this time, the has determined th; the area on which the proposed work is lobe done is significant to the following interests in accordance v, the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under th Act(check aszppropriale): Pubticwatersupply =: M' Storm damage.prevention Vj-.:Private water supply (B- .Prevention of pollution' Ground water supply ❑ Land containing-shellfish Flood control ' 11 Fisheries BEAR HILL ADDITIONAL CONDITIONS: FILE 242-158 t 26. The North Andover Conservation Commission issues these . eonditions for this project pursuant to Condition No. 12 of the original Order of Conditions dated June 4, 1982. The project has not been developed according to the original construction schedule (Condition No. 16) . In addition significant erosion aad sedimentation problems have occured at this project over the last few months. A Public Hearing was held on this subject on November 30, 1983. 27. The following additional information is available on this project: a. Enforcement Order from the NACC dated November 10, 1983. b. Memorandum from the North Andover Planning Board dated November 9, 1983. c. Report entitled Erosion and Saltation Control Study for Bear Hill Subilvision Site dated October 1983. 28. All of the recommendations included in the report noted under Condition 27e above shall be implemented forthwith. A letter from a registered professional engineer shall be submitted to the NACC by December 31, 1983 describing the implementation status of all of these measures . 29. A plan for removing the sedimentation deposited in brooks, streams and ponds downstream shall be submitted to. the NACC by February 1, 1984. This plan shall be implemented by .July 1, 1984. 30. The applicant shall prepare a detailed construction schedule (includin house and driveway development) , operation of detention�sedimentation -ponds, and erosion and sedimentation control plan for the -remainder of the project. This plan shall be implemented .after approval by the NACC. 31 . All construction at the site including but not limited to tree cutting, road development, driveways, individual house foundation excavation, or excavation for utilities_ shall cease immediately, and shall not recommence until the con- struction schedule and erosion and sedimentation control plans mentioned above have been submitted, reviewed and approved by the NACC, and effectively implemented by the applicant. Any measures required to shut down the project for the winter construction season shall be completed with the approval, of the NACC. .. 2 .. 1 V BEAR HILL ADDITIONAL CONDITIONS : FILE 242-158 32. The applicant shall prepare and deliver monthly written reports to the NACC describing the progress to date on the project and adherence or non-adherence , the construction schedule referred to in Condition 30 hereof, any problems encountered during the Month, and proposed solutions to these problems . 33. All sediment accumulation behind hay bales, filter fabric dams, in catchbasins, and in the sedimentation ponds shall be removed to maintain the effectiveness of these measures . A maintenance plan shall be part of the erosion and sedimen- tation control plan noted above. Any erosion control or maintenance work will be permitted during the winter con- struction season shutdown. 34, These additional -conditions' shall be- recorded in the Northern Essex District Registry of Deeds within fifteen (15) business days of issuance of these conditions and evidence of such recording shall be delivered to the NACC-at that time. 35. In order to secure the performance and observance of the conditions imposed above, and as allowed by North Andover Town Bylaw;-.a bond in the amount of $25,000.00 shall be posted per- instruttions--of Town -Counsel . - Construction shall be secured--by-a proper bond or a deposit-of money -or nego- tiable securities ,. -.sufficient in the opinion of the North Andover-.Conservation Commision .to :secure performance . of .the . cons tructlon:-of the'-required-=work 7...Such-.bond--or=securi.ty . if.-filed ,or --deposited -shall-'_be ,'appr.oved;as ;.to.-.form..and--- manner of---execution by=-the==Town=:Counsel i,,and--.shalI - be contingent on ,the ,compl.eti.on._:of-.xequ-ired.=work_ wi.-.thin one (1) -year--of-the::date---of--issuance -of- this._-order=:� Forms-=F,-G, H,K,R;'(see appendix) . This -condition-is -_i.ssued under - the-. Town -of-North Andover--LJetlands Pr6t-ection .-Bylaw=Section.. 3.5. A '& B. 3 - ADDITION CONDITIONS OF BEAR HILL FILE 24'l-1_-) r Conservation Commission Issued By ' Signature(s) V.' This Order must be signed by a majority of the Conservation Commission. On this 15 h day of 19...._._$3__...—,before me personally appeared_ Anthony Galvat=ta , to me known to be the ,.person described in and who executed the foregoing Instrument and acknowledged that he/she executed the same as hislher'free act and deed, rklKJ 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 Teri 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 mail or hand delivery to the[department within ten days from the date of issuance of this Qrder,A copy of the Cequesi shall at the same Time be sent by certified man or hand delivery to the Conservation Commission and the applicant. Detach on dotted line-and submit to the - friar td commencement of work .............,............, , Issuing Authority To Please be advised that the Order of Conditions for-the proiecl a and ' File Dumber has been recorded at the Registry of- P P. dy , 19 ' has been notedin the chain-of title Of the aftecied_ roe in accordance with General Condition 8 nn if recorded land;-the instrurnenl number-which identilies'ihis transaction is If registered land,'the document number which identifies this transaction is ' Applicant Signature /Sri-ram/ J` E t DEOE File No. ('To be provided by DEUE) — _- Commonwealth cityrrown North t.n Iover ' Be-.r 11, 11 Develoi rae' of Massachusetts Applicant Location :; Lot G Appleton, Order of Conditions Massachusetts Wetlands Protection Act and under the Toc,7n• of Norrt � A'n C. ove B),Law, Chapter 3. 5 A & B From hOrth ts�CLcvex CO��Sertrat oy� Go=lr isSi an Bear Hill Development Trust 'Thouias ET. Callahan To c./o (Name of Appli�t (Name of property owner) Thomas W. Ca Shan P.O. Boy ,739 668. Boston Road P.O. . Bo9: . 739 GGf3 Boston Road Addy ess :Address r ilarlbarough, r;l^ 017�2 This Order is issued and delivered as follows: ❑ Eby hand delivery to applicant or representative on (date) by certified mail, return receipt requested on �ente:=7�P " 1 1 3 (date) This project is located a Lot G r,ppleton. Street! The property is recorded at the registry of Northern Essex Book 170 3 —Page 3 j Certificate(if registered) Aubt>5 t °, 1933 (date) The Notice of tntent'for this project was Bled on The public hearing was closed on August 17, 1983 (date) i Findings The Borth lan�over Conservation Cai n. 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 I�ACC at this time, the ACC has determined that the area on which the proposed work is to be done is significant to the following interests in accordance wi, th the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Art(check as appropriate): ❑ Public water supply © Storm damage prevention ❑ Private water supply ❑ Prevention of pollution- ❑ Ground water supply ❑ Land containing shellfish 49 Flood control ❑ Fisheries Therefore, the hereby finds tL,the following conditions are necessary,in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above,The PACC 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 maybe 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. 8. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de- r" 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 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 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, "Massachusefis Department of Environmental Quality Engineering, Filo'Number 242-202 .10• Where the Department of Environmental Quafity Engineering is requested to make a determination and to issue a Superseding Order, the Conservalion Commission shall be a party to all agency proceedings 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.sialing that the work has been satisfactorily completed. 12,The work shall conform to the following plans and special conditions; 2; �r l Order of Conditions : Lot G Appleton Street 242-202 a. Notice of Intent submitted by Dear hill Development Trust dated August 8, 1983, eight (8) sheets . b. Plan entitled "Notice of Intent, Site Plan of Land" prepared for Dear dill Development Trust prepared by Richard F. Kaminski & Associates , Inc. dated July 2.2 , 1983. 'One (1) sheet. Labeled EIS-1. c. Plan entitled "Notice of Intent DEQE 042-1.58y alterations Lots G, h, & Y Appleton Street, North Andover" prepared for Oakwood Realty by Richard F. i a.t inski & Associates , Inc. dated July 1983; One (1) sheet. Labeled EU-2. 13. This Order of Conditions is in addition to the Order of Conditions issued by the NACC under File 242-158 . 14. No work shall begin in the development of this lot until the drainage facilities and utilities along Appleton Street re- quired by the Order' of Conditions under Exile 242-158 are completed. 15 . A rot, of staked hay bales shall be placed between all construction areas and uppleton Street. This rota of haybales shall remain intact until all disturbed areas have been seeded, ixullcried, G:nd stabilized to prevent erosion. 16. All disturbed areas shall be graded, loaned and seeded to provide restabilizatian of disturbed areas . After restabiligation, hay bales shall be removed and sedimentation shall be removed from areas of accumulation. 17. All erosion prevention and sedimentation protection measures found necessar}% during construction by the Worth Andover Conservation Comniosion will be ioplemented at the direction of the NACC or Hight ay ,Surveyor. 18. Any changes in the submitted plans, MUM 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 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 expanse of the applicant, in order to take testimony frogs 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 w J � t Order of Conditions : 7ot' G ADpleton Street 24.2-2Q2 19. 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. 20. The provisions of this Order shall apply to and be binding upon the applicant, its ewployees, and all successors and assigns in interest or control. i 21. Prior to the issuance of a Certificate of Compliance, the applicant shall submit a setter to the Conservation Cuiv,�iission from a registered professional engineer certifying that the work is in compliance with the plans referenced above and the conditions stated above. 22. Member,, 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 pxoject, 24. Issuance of these conditions does not in any way imply or certify that the site or doN%-nstrewR areas will not be subject to flooding, storm damage, or any Other fora of damage due to wetness . E 4 Issued sy I' rh r}.i 'r Conservation Commission Signature(s) This Older must be signed by a major' f the Conservation Commission. 9 On this_ 14 t h day of n air n .19 before me personally appeared Ant oiiy Calva--tia , to me known to be the person described in and who executed the foregoing Instrument and acknowledged that he/she executed the same as h 3s/her free act and deed. Notary Public i ', 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 tacated are hereby notified of their.right to request the Department of Environmehlal Quality Engineering to Issue aSuperseding Order,providing the request Is made by-cerlified 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 Conservation Commission and the applicant. i Detach on dotted line and submit to the prior to commencement of work ..........................5...............................r................................................r.................................................................................................... . o ftsuing.Authority Please be advised that the Order of Conditions for the project a File Dumber 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 o . 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 1 DEQEFileNO, L 242-2 3 . (To be provided by DEDE) -Commonwealth city/gown. NortLL l�rr_oAra. R _ of Massachusetts Applicant Bear- Hill Dever . Location : Lot H. Ap-pleton 4 Street Order of Conditions Massachusetts Wetlands Protection Act G.j1_ c. 31 §40 and under the Totm• of Nort�i� An�over 3�rLat,�, Chapter 3. 5 A & B From lid rt� d 6mz r n, _ To Bear Hill Develo f:nenty Trust Thomas W. Callahan dame ofApp i �} ( m of Rrope caner) c/o Tnomas ,. �flahan Y:�. pox 668 Boston Road P.O. .'Box 739- 668 Boston Toad Address : .,�1� Address �. : This Order€s issued and delivered as follows: Ellby hand delivery to applicant or representative on (date) j,7 by certified mail, return receipt requested on nL __�W,� :l "". (date) This project is located at ot H Ap lemon Street The property is recorded at the Registry of Northern Es se:.c 1703 325 Book Page Certificate(if registered) The Notice of Intent for this project was filed an 5, - f ° - (date) The public hearing was closed on n o (date) I Findings The r —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, 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); El Pubtic water supply E2 Storm damage prevention ❑ Private water supply ElPrevention of pollution' ❑ Ground water-supply -CI-- t_and containing shellfish " Flood control ❑ Fisheries _ Therefore,the hereby finds the following conditions are necessary,in accordance with the Performance Standards set forth in the regulations, to protect those inter- orders that all work shall be performed j ests checked above,The ; 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 privVeges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the perrrtittee 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. 6 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, 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 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 beads or the tend 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 tAGe on the form at the ehd 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 2 ' 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: - ' ff 1 Order of Conditions ; Lot H Appleton Street 242-203 T o f intent subimitted b x Bear Hill Development a Notice. n 5 Trust dated Augu.st .8, 1983, eight (8) pages. b. Plan entitled "Notice of Intent, Site Plan of Land'' prepared for bear Hill Development Trust prepared by' Richard F. i:amirfski & Asaociates , Inc. dated July 22, 1983. One (1) sheet. Labeled EN-1 . c. 'Plan entitled "Notice of Intent DEgE , 242-158 alterations Lots G, H, & J Appleton Street, North Andover� prepared for Oakwood Realty bar Richard Kaminski Associates , Inc. dated July 1983. One (1) sheet. Labeled EN-2. 13. This Order of- Conditions is in addition to the Order of Conditions issued by the NACC under File 242-158. 14. No work shall begin in the develop ant of this lot until the drainage facilities and utilities along Appleton Street re- quired by the Order of Conditions under File 242-158 are completed. 15. A roe-, of staked hay bales shall be placed between all construction areas and Appleton Street. This row of hay bales shall renain intact until all d i strubed areas have been seeded, i'.Yulched, and stabilized to prevent erosion. 16. All disturbed areas shall be graded, loomed and seeded to provide restabilization of disturbed areas . Alter restabilizMon,, haybales shall be removed and sedimentation shall be removed from areas of accumulation. 17. 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 the -Highway Surveyor. 18. 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 plan, 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 '; ` ' l t CC ill call for another • 0�_ c"iCaCt�,G�o"t.c� cQ'L_�.i__t. Ons , �.z2ei2 '-.�.ie 1�_'s. ;•' 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 . 1 0 Order of Conditions : _ Lot H Ap2?eton Streets 242-203 19 . Any errors found in the plans or information submitted by the applina t shall be consiuered as changes and procedures out- lined for changes shall be followed. 20. The provisions of . this Order shall apply to and be binding upon the applicant, its eoTloyees , and all successors and assigns in interest or control. . 21 . Prior to the issuance of a Certificate of Compliance, the applicant small submit a letter to the Conservation Ga-z,,:i.ssion fraa a registered professional engineer aert ify:s.Rg that he 5•:or! is in compliapce with the plans referenced above £n(I the conditions stated above. 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 doT,~nstream areas will not be subject to f loodi n , storm damage, or any ether foot of damage due Qo wetness . I 4 v Issued By ° At-idover Conservation Commission Signature(s) 1i This©rder must be signed by a city of the Conservation Commission. On this-14'-�1 day of S ept'.ember 19 �S , before me personally appeared- Miirho-tiv Galva -na , to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as.h.Is/her free act and deed. Notary"Pubiic " 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 to request the Department of Environmental Quality Enpisr'eering to Issue a Superseding Order,providing the request is made by certified mail or hand delivery to the bepartment 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 mall or hand delivery to the Conservation Commissibn and the applicant. / Detach on dotted Ifns and submit to the prior to commencement of work. ... ..... .... .. ...............................................................................................'.............. ........................................... To ssuing.Authorfty - Please be advised that the order of Conditions for the project a Fife Number has been retarded at the Registry of and has been noted In the chain of flite of the affected property in accordance with General Condition a on If recorded land,the instrument number which identifies this transaction is If registered land,the document number which identifies this transaction is Signature Applicant [ " . DEQE File No. 9 42 Oz-, (To be provided by DEOE) _ -Commonwealth Cityfiown No�"tt? i n"Oye'j" A e4 rIi li De'vel . of Massachusetts pp r� ,t Location : Lot J r:pi�Ieto::i Order of Conditions Massachusetts Wetlands Protection act C. , c. 31 , §40 and under the TGCdn• o I�Ioxt xn aver i3�rLa�a, Chaptex 3. 5 A B From Nox tnh :ridovar CorLs exvEti on Comi-Ass ion Ta Bear Hill De•velopvae it Trust I`4�ornas Calla'��?� (N,ame.o}(A plicant), ,, (Name of property owner) �iIO Lg,:F�.,�J �1 • �+--..L�[..��ZL7 L7. r} Q \r n � ' i O.-• Box 739 A . . �o,� 73� GGu rasLo 1 '#CG�� t. n Address �- h r '� r, 7 Address G G 8 �o s t�oa� i:�o ud - �- i'�µr O x OU '2 g PU-L This Order is issued and delivered as follows: El1by.hand delivery to.applicant or representative on (date) ® by certified mail, return receipt requested on ppt e -.1'A_- 1° c (date) This project is located a Lot -J A-ppleton Street The property is recorded at the registry of Northern Essex 17G�3 325 Boo page ' r . Certificate(if registered) The Notice of intent for this project was fled on Ei'iQIJ.s t °y (date) The public hearing was closed on- 't'.€�'-s t 17 p (date) Findings The North A-i dovex Consex-�.ratz on Coma . 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 I`7taCC . 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): ❑ Public water supply M Storm damage prevention El Private water supply ElPrevention of pollution' ❑ Ground water supply ❑ Land containing shellfish IN Flood control 173 Fisheries i Therefore,the E hereby finds that tt, ollowing conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inler- eslschecked 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. General Conditions 1, Failure to comply with all conditions stated herein, and With all related statutes and other regulatory meas- ures, shall be deerned 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 permitfee 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. 6. 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 3.0 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� a t 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 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 N ACC 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, "Massachusetls Department at Environmental Quality Engineering, File Number 242-204 10. Where the Department of Environmental Quality Engineering is requested to make a delermination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings 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 1 Orr'.er of Conditions : Lot J Appleton Street 242-204 a. Notice of .intent submitted by Dear Hill Development Trust dated AugAst 8, 1983, eight (8) pages . b. Plan entitled. "Notice of Intent, Site Plan of Lana ppreperred for Dear Hill Development Trust- prepared by i�ichard; F. - Kaminski. & Associates , Inci dated- July 22, 1983. One (1) sheet. Labeled EN-1. C. Plan entitled "Notice of intent DFQF 1242-158 alterations Lots G, H, & J Appleton Street, North Andover I' prepared for Oakwood Realty by Richard F. I:amdnski u Associates , Inc. dated July 1983. One (1) sheet. Labeled. EN-2 . 13. This Order of Conditions is in addition to the Order of Conditions - issued by the NACC under File 242-153. 14. No work shall begin in the development of this lot until the drain,age facilities and utilities along Appleton Street re- required by the Order of Conditions under File 242-158 are completed. 15. A row of stared hay bales shall be planted between all construction areas and Appleton Street. This rote of ha.yba.les shall remain* intact until all disturbed areas have been seeded, mulched, and stabilized to prevent erosion. 16. All disturbed areas shall be graded, loomed and seeded to provide restabilization of disturbed areas. After restabili_zation, i'aybales. shall. be 'removed acid sedimentation shall be removed from areas of accumulation. 17. 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. 13. Any changes in the submitted Plans , Notice of Intent, or resulting from the aforementioned conditions Faust be sub- pitted to the NACC for approval prior to implementation. If the NACC finds, by majority Note, said changes to be significant and/or deviate from the or7 giDal 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 e .pense of the applicant, in order to tape testimony from all interested parties. Within 21 days of the close of said public hearing, the %ACC will issue an amended or new Order of Conditions . Order of Conditions: Lot J Appleton Street 24.2-204 19, Nny errors round in the plans or information submitted by t=,�e applicant shall be considered as changes and procedures out- lined 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. friar to the issuance of- a 'Certificate of Compliance, the applicant shall submit a letter to the Conserv<<ti.on Commission from a registered profess�onzI e `ineer certifyin- that then C%=k is in co-fLpliance i ith .the plans referenced above. and the rO11C�itiO3. State above. 22 . Members of the Ni%CC shall have the right to enter upon and inspect, the premises to evaluate. compliance with this Order of Ca;:Lditious . 23. «ccepted enUieering and construction standards and procedures shall be follotaed in the completion of the project.. 24. Issuwnce of these conditions Cloes not in any way ii.iply or certiL ti".cat file Uite Or downstream areas will of be subject to floodi n , st Orfi1 d zl�ia­e, or any ot:lei: forum of damE_,gO due to wetness . r 4 '"3orth kiidove Issued By Conservation Commission Signature(s) This Order must be signed by a majo ' f the Conservation Commission. On thisL.,t1z d of Seri eiii✓pr 1983 , before me personally appeared ys1oiiy Galvbs ,to me known to be the person"describer!in and who executed the foregoing Instrument and acknowledged that he/she executed the same as iris/her free act and deed. ae 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 to request the Department r of Envlronmentat.Quality Engineering to issue aSuperseding 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 mall or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the prior to commencement of work. ........................... .................................................................................................................................................................................. To ;issuing Authority Please be advised that the Order of Conditions for the project at 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 �. i y DEQE File No. 'D[.2= ;'] 7 (� (To be provided by DEQE) Nor•t-h .1-'intiJ�%fir ' -Commonwealth c;rynowr� r of Massachusetts j,pp{icant dear t�� �� DE VE'� J 1`ifl11 'Tr us I Order of Conditions Massachusetts Wetlands Protection Act G.L. C. 131, §4Dr a-Dd under the Town- of Norio An over 35 Lana, Chapter 3. 5 A b B From Nol:ti-1 J 1(i.0V?1 Coi7Se3 'J%i'.LO?7 CO :lii11S�J_O _ Beat Hall De�v'elop�mki.t~ Trusty` Z'^�r Ha ?1 Dev�lovraentr Tr �s� To o 1'10;a �'. a�. n. owner) fame of App ican� (Name of property P.O. Box 739 P:O.:'. Box 739 Vl arl boron-h' 1 A `01-752 Address Address llaxrlhorough tIA O1752 This Order:s issued and delivered as follows: (date) ❑ lby hand delivery to applicant or representative on z r~ date {� by certified mail,return receipt requested on rnrtr�" zr i st 1 ( ) This project is located a LOB G1 Be"`r Ii`1 The property is recorded at the Registry of Norte �s sex. Boo 063 Page 325 Certificate (if registered) - - - -:.:The Notice of Intent for this project was filed orr : - 7:Tr�'��"her .� °"� {date} . The public hearing was closed on' Noveraber 9, 10,83 (date} Findings The 11 f"• "'r` 7 1 ri has reviewed the above-referenced Notice E Intent and plans and has held a public hearing on the project. Based on the information available to the rs al this time, the NACC has determined that ,r the area on which the proposed work is to be done is significant to the following interests in accordance wit the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): IK,.:Public water supply 04 -Storm damage.prevention Private water-.supply -Prevention.of pollution' Ground water.supply D Land containing shellfish ❑ Florid control 0 .Fisheries �4l- Therefore,theAcc hereby ft that the following conditions are necessary,in accordance with the Performance Standards set forth in the regulations, to protect those inter- gists checked above,The NAC.0 orders that all work shall be performed i 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 properly or invasion of private rights. 3. This Order does not relleye 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 maybe 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. B. Any fill used in connection with this project shall be clean fill, containing go 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 administrativeappeal periods from this Order have-elapsed-or;if_. such an appeal has been filed,-uritil-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 Dedds-or thetand. --- 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 OrdershaTalso be.noted in the Registry'sfirarhtor Index under the-riarne . of the owner of the land upon which the proposed work is to be done:In the case of-registered land, the Finai Order shall also be�noted on_the Land-Court�Certificate of Title of the owner of the land-upo h whic _ ACC 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. 8; 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•-217 �. 10.,-Where the Department of Environmental Quality Engineering is requested to make a-determination and to issue a Superseding Order, the Conservation Corrimission shall be a-party-to all agency proceedings and hearings before the Department. 11. Updh,compietion"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: E s ' OD.DLR C'r CONDITIONS : Lot 61 Bear Hill L42 -`'17 12 . a. Notice of Intent submitted by Beer Hill Development Trust dated October 31, 1983. Nine (9) pages . b. Plan entitled "Notice of Tnte t Site Plan of -end Lot 61 Bear -.ill located in -North Andover, MA" prepared for. Bear Hill. Developx:tent Trust" prepared by Ric'nard- F'. Kaminski and Associates dated October 31, 1983. 1 13. This Order of Conditions is in acdition to -the Order of Conditions issued by tine Norte Andover Conservation Coi-nilission under rile No . 242-158. 14. No work shall begin in the developrient of this lot until, the drainabe facilities and utilities required by the Order of Conditions under File 242-158 are completed. 15 . A row of staked hay bales shall be placed between all construction areas and wetland areas . This row of hay bales 'shall remain intac until all disturbed areas have been mulched, seeded and stabilized to prevent erosion. 16 . All disturbed areas shall be graded, loan-aed and seeded and heavily mulched to provide recta ilization of disturbed areas , After restabilization, hay bales shd11 be removed and sedimentatio shah be removed from areas of accurulazion. 1.7. All erosion prevention and sedimentation protection measures found necessary during .construction. by the North Andover Conservation Co.ar.7ission .N�li.11 be implemented .at the direction of - the N�.CC or Highway Surveyor. 1.8. Any chain es in the sulb,rt _.teed plans , Notice of Intent, or resulting frori-t the aforementioned conditions raust be sub- tnitted to the NACC for approval prior to implementation.. If the NACC finds , by majority vote, said chanties to be significant and/or deviate from, the original plans , Notice Of Intent of Ulai,s Omer o� Conditions to such an extent tha� the i-n:erests of the Wetl&n('s Protection- Act ca-nnot be pro- tected by this order of Con,flit.i o_`ts :~ d r%ould best be served by the issuance of additional conditions , then the NACC will call for a,iothQr public i{earir_Q i"iZt'12in ;l elays , at t1he expense of i1e applicant, in ardex co tu.ke testiz7ony from a1L interested parties . Within 21 days of the close of sa:-,d public hearing, the NACC will iss-Li2 un :.:tended or new Order of Conditions 19. Any errors J`ound in the plans o"_ J_nforC:iU-ti on s:7.�.i, i t.ted .by the applicant st"Lc`?ll De coi.sidero-d as cha"naafi and procedures out- lined for chap ties shall be followed. 3 y CIDER OF CONDITIONS : Lot 61 Bear Hill 242-217 20, Mo broV?sons of this Order' shall apply -to and Ve "bin.c?!;3 1 upon the appli ..'ant, a is e3.aployees , and all successors and as.sigRs in intorest or control . 21 . Prior to the issuance of a Certi.fMate of Compliance, the applicant shall SUIX.Lit a letter to the Conservation Commission from a rolistered professional' engineer certifying that the . work is in compliance with the plans refe:renGed move and the conditions sta.ed above . 22, Me0bers or the HACC shall have the right to eRter. up on and -inspect the premises to evaluate co:apli auce with this Order of Conditions . 23 , Accepted engineering and construction standards apd procedures shall be followed in the coaTletion of the project . 24. Issuance of these conditions does not in any way L.:Lply or certify that the site or do�onst-reaia ar cas -W ll not be subject to flooding, storm dana'ygey, or any other iorm oT CiaAIage due to wetness . M 4 Conservationcomrhission Issued Sy Signature(s) This Order must be signed by a majority of the Conservation Commission. On this 18th day of �No��etabe 19 83 , before me personally appeared P'27t laortsr 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. zak 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'len residents of the city or town in which such land is located are hereby notified of their right tore quest the Department of Environmental Quatity Engineering to issue a Superseding 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 seal by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the prior to commencement of work.-- To - ;Issuing Authority— Please be advised that the Order of Condltions•for the project a - FileNumber " 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 Identities this transaction is If registered land,the document number which identifies this transaction Is Signalure Applicant DEDE F,is Ito. 242-220 ✓ (To be provided by DEOEI North i CityrTown fQ -Commonwealth Beax of Massachusetts Applicant Order of C 1 ' onditions - } . % Massachusetts Wetlands Protection A Ct ' ,J� dov40 and under the Toim• o£ North� Aner§ ByLawp Chapter 3. 5 A & B Front Nnrt-h Anrl sT_,, r �. �, t: .' ' . . �'• r h{, .• T3ea� Ii 'IS" -us•�Bear Hill Derelo i aa� c o Vaoin«sCal� C Thomas •T ,C o To _ _ Applicant) (Name of property owner) l r (Name of APR ) P.C.- 3c: 7 L1,68 :Boston Road P.O.. Bo�� 739 L}�8 Boston Road, T axlbornui;h, Adz' 01752 i 1aiAb'orouQh, Address ��A 01752 Address This Order is issued and delivered as follows: t t applicant or re resenlative on (date) ❑ Iby hand delivery o app P (date) K] by certified mail, return receipt requested on This project is located at— +" '�, ?•n- ,- ' r The property is recorded at-the Registry of- North Essex Boo`,:_ " 17 0 3` 3...' Pa e. .325.. = Certificate(if.regi.stered)" :.:The Notice of Intent for this'project was filed on'-== - Nover�loer November 9, 1983 (date) . The public hearing was closed on Findings The North Andorrer Co-riser�Tat;a_ovk Co`,�m has reviewed the above-referenced Nolit Intent and plans and has held a public hearing on the project. Based on-the information available to the . NACC at this time, the NACC has'determined it the area on which the proposed work is to be done is significant to-the following interests in accordance the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under t' Act(check as appropriate): public water supply Slorm-carnage prevention >( Private water supply Prevention of pollution' Ground water supply •❑ Land containing shellfish 0 .Flood control ❑ . Fisheries i Therefore,the hereby fin; hat the fallowing conditions are necessary,in accordance with the Performance Standards set forth in the regulations,to protect thbse 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 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 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-app-eal periods from this Order have elapsed or,if-= : _ such an appeal has been-ii[edntii all proceedings before.the{Department have been completed-: 8.._-No work shall bd undertaksn'untll the-Final Order-has been-recorded in the Registry of Deeds or the Land.. Court for the-district in which ihe:iand is Iocated,-within Jhe chain of title-of the affected property..ln the ~- case of recorded landTihe Final Ot•dershall also be noted in the Registry's Grantor Index under the name= -. of the ownerof.the land upon-which the proposed work.isto be done. In-the case of registered land, the Final Order shall also-be noted-on the Land Court Certificate of_T11e of-the owner of the'larfd upon which- the proposed work is to be done.The recording information shall be submitted#o.the : N 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-, ". 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 I.-Upon completion of the Work-desdribed herein,the applicant shall forthwith-request in'writing that a. ; Certificate of Carripliance be issued stating that-the work has been satisfactorily-completed:- 12.The work shall conform to the following plans and special conditions: 242-2'20 ORDER OF CONDITIONS : Lot 63A Bear Hill 12. a. Notice of In,-_Tnt submitted by Bear Hill Develope,1t Trust dated October 31 , 1983 . Nine (9) pages ., b. Plan enti.tiled "Notice of Intent Site plan of Land, (Lot 63A) located in North Andover, 1h prepared for Bear Hill Development Trust" prepared by Richard F. KaminsU and Associates, Inc. dated October 31 , 1983. 13 . This Order of Conditions is in addition to the Order of Conditions issued by the North Andover Conservation Commission under File No. . 242--158. 14. No work shall begin in the development of this lot until the drainage facilities and utilities required by the Order of Conditions under File 242-158 are completed. 15 . A row of staked hay bales shall be placed between all construction areas and Vetland areas . This row of hay bales shall remain intac until all disturbed areas have been Mulched, seeded and stabilized to prevent erosion. 16 . All disburbed areas shall be graded, loaned and seeded and heavily mulched 'to provide restab:i li7ation o disturbed areas . After restab-ilization, hay bales shall be removed and sedimentation s al be removed from areas of a.cco Rulation. 17 . All erosion prevention and sedil.l0tation protantion measures found necessary during cons t,ruction by the North A7ndover Conservation -Co%=tission will i >l4:". entad at the d rectio)."l of the N%•,CC _aL Highway Surveyor. 1 8 - Any' chanEes in the submitted plans, Notice of Tntent, or resulting from the afoZei ontiened co'_'_�Itions must be sub- mitted to the NACC for approval prior to 1nple°:_C'-tat ion, if t1ae Ni',Cc J !nss , by nalolity -rota, said changes to LL, significant aBd/ordevi . e r"o� the on u, l plans , Notice ' ofI te:,it ortd1ic O?"M of Colt•c.lt_L.Lns L.o such an extent jhaL, j the interests of %Q Wetlands F_C'otectiod Act cannot be prw tect d ,;y this Order of Conditions and would best be served by .hE ys^•i_ ance or additional conditions , then the NACC will call lo= another public nearing within 21 days , at the erpe pe , of the applicant, in order to take testimony fro_:l a l l interested i parties . Uithin 21 days of the -close of said puL,lrc hc^caring, the NACC will issue an amei ded or New Order of Conditions . 19. Any errors found in the plans or i nforwa_ti.on submitted by the applicant shall be consZered as changes and procedures out-- lined for changes shall be folloi:e+.'. 3 w 242-220 ORDER OF CONDITIONS s Lot 63A Bear Hill 20. The provisions of this Order shall apply to and be. bindi,g upon the applicant, its employees , and all successors and assigns in interest or control . 21 . prior to the issuance of a Certificate of Compliance, the applicant shall submit a letter to the Conservation commissfon from a registered professional engineer certifying that the work is in compliance with the plans referenced above and the conditions stated above. 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 . 4 _ LC)t 242-220 Issuedy' Conservation Commission I\� t-. -n 17 i Signature(s) 4� r This order must be signed by a majority of the Conservation Commission. on this day of 19 83 , before me personally appeared , to me known to be the person de scribed in and who executed the foregoing Instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Ptablic 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 to request the Department of Environmental Qualify Engineering to issue a Superseding 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[equest shall at the same time be sent by cerfified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotfed line and submit to the prior to commencement of work. ................ Usuing'Authority To Please be advised that the Order of Conditions for the project a and File Number has been recorded a1 the(Registry of ' has been noled in The chain of title of the affected property`in-accordance with General Condition 8 on'= 413 1 If recorded-land,the Instrument number which ldenllfies this transaction is It reofslered land, the document number which identifies this transaction is Applicant Signature ✓ , QEDE Elie No. 7(1b, � o pro d by pEOE) CitylTown north 'fir r r • -Commonwealth of Massachusetts. :Appiip"t ' 33nar Hill D,gve.l Order of Conditions Massachusetts Wetlands sP Pro tection Act GJ_ c. 131 , §40 and under the Torn- of Nortft An over ByLawp Chapter 3. 5 A & B North Andover Conservation Corivaission Fro Bear Hill Development `gust Bear Hi'11 Deva opment Trust C/o Thomas W.. Call'ahan ..c/o 'Thaaas f�. Callahan To ` (Name of property owner) ( ame fA plicant) �o . 668 Boston - F P.O; ' �ox /ff 668 Boston .Rd. ' '.0. Box, 7�. Marlhoroughf 1 A 0175-2 • :Address i�I�.r��aro�.zg'�, 'MA :(31752 Address This order is issued and delivered as follows: ClEby hand delivery to applicant or representative on (date) eipt requested on N v �► by certified mail, return rec (date) This project is located a Lot 62A Bear I�i1 The.propedy is recorded at the Registry.of --Book- .. 1703 . Page.. Certificate(if iegisteed) - -- ----:The Notice of Intent for this project was filed on Nove:Cher I 1983 (date) . The public hearing was closed on Nov'eriloer a 1983 (date)_,_ '.. Findings The North Andover CoT_ atlon Corxi hasreviewed the above_referenced Notict ery Intent and plans and has'held a,public hearing on the-project. Based on the information available.to the NACC at this-time, the ' Nl'` CC has determined th, the area on which the proposed work is to-be done is significant to the following interests in accordance h the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under th Act(check.as appropriate): .. �'ubliewatersuppty X- Sto.rm damage prevention _Private water supply Prevention of pollution' -Gro' and water supply ❑ Land containing shellfish El control:' El ... Fisheries: 1 Therefore,the. hereby find 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 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 maybe 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, containing no trash, refuse, rubbish or de- bris,including but not firrilled to lumber,bricks,plaster,wire, lath, paper, cardboard,pipe, tires;ashes, refrigerators, motor vehicles or parts of any of the foregoing. r No work shall be undertakers untllall administrative appeal perlods-from this Order-have elapsed or,,if...- such an appeal has been.filed until all proceedings:before.the Department have been_compieied ' '.' 8; No work shall be undertaken until Final Order-has=been recorded in the Registry of=Deeds or the1�nd == Court.for.lhe_district irLwhichJhe land is located;within the chain of title of the affected property. In the case of-recorded.larid;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 isto_be.done. In the_case of registered land,the Final Order shall also-be noted on the'Land-Court-Certificate ofzTtle.of_-the.owner�of the land_upon.which==- tile 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-ndt less than two square feet or more than.three square_feetin size- bearing the words, '.Mass achusetts-Department of Edvironmental Quality Engineering; File-Number 24 2- 221 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. 11 ..Upon completion of.the'work described-herein,the applicant shall foirihwith request in.writ!ng'th,at-a Certificate of Compliance be issued stating-that4he'work has-been satisfactorily completed: 12.The work shall conform to-the following plans and special conditions: ` i ORDER OF CONDITIONS : Lot 62A Dear Hill 12 . a. Notice of Intent submitted by Dear Hill Development Trust, dated October 31, 1983. ?line (9) pages . b. Plan entitled "Notice of Intent Site Plan of Land (Lot. 62A) located in North Andover, 14A prepared for Dear Hill Development Trust prepared by Richard F' Kaminski and Associates , Inc, dated October 31, 1983 13. This Order of Conditions is in addition to the Order of Conditions issued by the North Andover Conservation Cotma- { ission under File No. 242-158 . 14.' No work shall begin in the development of this lot until the drainage facilities and utilities required by the Order of Conditions under File 242-158 are completed. 15 . A row of staked hay bales shall be. placed between all. construction areas and wetland areas . This row of hay bales shall remain intact until all disturbed areas have been mulched, seeded and stabilized to prevent erosion.. 16 . 411 disturbed areas shall be graded, loaned and seeded and heavily mulched to provide restabi lizati.on of disturbed .areas . After restabilization, hay bales shall be removed and sedi- mentation shall be rerioved from areas of acczimulation.. 17 . All erosion prevention and sedimentation protectio-n rneasu.res found necessary- during construction by the North Andover Conservation .:Cor,-iriii.ssl.on.-Cvil-1 be i mple€ e" nted, at the direction of the NACC or Highway Surveyor. . 18 , Any changes in the sub-mitted plans , Notice of Intent, or resulting from the aforementioned conu•-ti ons must be sub- mitted to the. NACC for approval prior to impleG.ientatl on. If the NACC rinds,- by majority votes , said chanties to be significant and/or deviate from the on i.nal plans , Notice of Intent or this Order of Conditions to such an extent that the interests of the i;etlr��lds Protection Act c-Y-j-I:iot be pro- tected by this Order of Condi Lions, an:l >oulL' Dest be served vy the issuance of n&r_1iti O-nal_ ccn(!i Lions , then the N.',CC w!1.L call for another public heari \,,i t ni n '.) days, at the elxpe r..se Of the applicant, in order to La�Ce testili,ony frol all interestc-d parties , 'v;ithin 21 days ; of the close of saicl. public lvearing, the NACC will issue an amw2nrded or new Order of Conditions . 19 . A,iy errors found i n the plans o- information submyt t by t1+e. applicant .shall be considered as changes anml procedures out- lined for chaff -es shall L)e 3olloG',ed. -- 3 - C- T't'r` {'.rr COh1;1ITTONo °e Lot 62A Bear Hill - 20, The provisions of this Order shall - apply to and be 'Dinding upon the applicant, its employees , and all successors any ass?an s in interns t or control . 21 . prior to the issuance of -z Certificote of Compliance, the applicant S'ic.1 _ Suy 'itlt a letter .to the Conservation Colim ss on � from u 7'ega.._,t2reu professionale%i1_��_'r certifyingb that ti'!2 , work is in comDliance 7_wlth the plans referenced move and the conditions stated above . a 22 . Me.:tbers of the NACC shall have the right to enter upon and inspect the pre;-vises to evaluate co_apliaoce with this Order of Conditions . . 23 . Accepted engin.eer%g and construction stanja-rds 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 do nsteam areas will not be subject to flooding., storm damage, or any other form of damage due to wetness . i E i i W L� 'Lot 62A Bear Hill s 242-221, Issued By ; "Aaadlovve Conservation Oornn)ission Signature(s) -LAM This Order must be signed by a majority of the Conservation Commission. On this 29th -day of 1 s, 9-1 , before me personally appeared ritheiay Gatlyana , to me known to be the perspp described in and who executed the foregoing instrument and acknowledged that he/she executed the:same as.hislher free act and deed. .�l ill Notary Public My commission expires The appiicant,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 to request the Department of Environmental Quality 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 dale 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 Conservation Commission and the applicant. Detach on clotted line and submit to the prior to commencement of work. TO Issuing Authority Please be advised that the Order of Candltions for the project a File Number has been recorded at the Registry of and has bean.noted in.the chain of title of the affected property in accordance with General Condition 8 on If recorded land,the Instrument number which identifies this transaction is If registered land,the document number which identifies this transaction Is Signature Applicant '. MUM HM � TOWN OF NORTH ANDOVER MASSACHU'SETTS i Of µOR7H Shen {F�ti ♦ n _t�^ +f CH November 28, 1983 Bear Hill Development Trust Mr . Thomas W. Callahan, Trustee P.O. Box 635 North Andover, Massachusetts 01845 RE: Bear Hill Subdivision Dear Mr . Callahan: The Planning Board will be discussing the continued erosion and sedimentation from on site to downstream areas with Mr . Alexanian and request that you also be in attendance to discuss the problems associated with the back portion of the development . If you cannot attend this meeting 1 suggest that you have a representative present. Sincerely, Karen H. Pomroy Town Planner kp cc: Mr . Alexanian Designer Homes ;or' 1 • 1 1 I t { ICHARO F. KAMINSKI AND ASSQCIATESr INC. 'a d ENGINEERS e ARCHITECTS BLAND PLANNERS -SURVEYORS 451 ANDOVER STREET NORTH ANpOVER,MASS.01845 TELEPHONE 68r•1483 December 19, 1983 Mr. Zachary C. Alexanian Designer Homes 69 Kingston Road Plaistow, NH 03865 Re: Bear Hill Detention Ponds Dear Mr. Alexanian: During the course of public meetings and on--site inspections with the North Andover Planning Board and North Andover Conservation Commission relative to the development of the Bear Hill subdivision, it has come to the attention of this office that the detention ponds which were designed to control the storm water runoff from the Bear Hill subdivision are being used for retention, rather than detention as designed. I wish to bring to your attention that the use of these ponds for retention could cause seepage through the dike and lead to ultimate failure. It is our opinion that you should discuss this matter with Your present engineer and that appropriate action be taken. If you have any questions, please advise. Sincerely yours, Richard P. Kaminski and Associates, Inc. e T . William Place Registered Professional Engineer cc: North Andover Conservation Commission North Andover Planning Board Mr, Joseph Borgesi, North Andover Department of Public Works Mr. William Cyr, North Andover eyor IWP/jt D "OEM f PLANNING BOAR'()i