HomeMy WebLinkAbout1981-06-02 Order of Conditions DEF SUB row 4
OF `CONDYTLONS )
WETLANDS P, RO' T . E_C- T. I ON " ACT
G.L. C. 1319 s . 40
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ITY/TOWN NORTH ANDOVER FILE NUMBER 242-- 113
NE Patrick S. Cone ADDRESS 202 Lacy Street
North Andover, MA
?RTIFIED MAIL NUMBER
tOJECT LOCATION:
1dress Gilman Lane
corded at Registry of , Book 1233 ,Page 382
!rtificate (if registered) .
;CARDING:
iti.ce of Intent Dated February 27, 1981
A plans titled and dated see condition eleven (11)
IS ORDER IS ISSUED ON (date) April 3, 39$1
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zsuant to the authority of G.L.. c. 1310- S . 40, - the North Andover Conservation
mmission has reviewed your Notice of Intent and plans iaentified above, an
s-ermined that the area on which ..the proposed work is to. be done is
gnificant to one or 'more of the interests listed in G.L. c..' 131, s . 40. Town
North Andover bylaws, Section 3. 5 A & B Wetlands Protection. The North
dover Conservation Commission hereby orders that the following conditions
e necessary to protect said interests and all work shall be performed in
rict accordance with them and with the Notice of Intent and plans-identified
ove_exce�t-where-such_plans_are_modified_by-said-conditions
NDITIONS _- - - - - - __ -- _ --
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.
This order does not grant any property rights or any exclusive privileges ;
it does not authorize any injury to proviate property or invasion of
private rights.
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 .
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 M) days prior to the
expiration date of the order or its extension.
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OR.D „R .OF CONDITTONS�CONTI NU,T.p - 2 FILE NO.� 242- 113 �J
5: Any fill Vsed in connection with this project shall be' clean fill ,
containing no trash, refuse, 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.
b. 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 the 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
Department of Environmental Quality Egnineering. Number 242- 113
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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.
F ., .
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 and Environmental Data Form of Patrick S Cone/
Dated: February 271, 1981/Eight . ($) pages.:
b. "Topographical Plan of Land in North Andover, MA"/prepared for
Patrick S. Cone/prepared by Andover Consultants/Dated: February
25, 1981/one (1) sheet.
c. "Subdivision of Lots 1 and 2, Plan #5580, Colonial Acres, North
Andover, MA"/prepared for George H. and Wanda H. Farr/prepared
by Raymond C. Pressey, Inc./Dated: May 10, 1972/One (1) sheet.
d. "Profile of Gilman Lane, Colonial. Acres, North Andover, MA"/prepared
for George H. and Wanda H. Farr/prepared by Raymond C. Pressey, Inc./
Dated: May. 10, 1972/one (1) sheet.
12. The total amound of flood' storage capacity lost on this site shall be
calculated and submitted to the NACC for review before any work is
begun on the site. If the NACC feels it is necessary, compensatory
storage will be required for said loss in flood storage capacity.
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ORDER OF CONDITIONS : ( GILMAN LANE 241-113
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(I3. "iNo work is scheduled on Lot 27. As indicated by the applicant,
Lot 27 shall be placed under a permanent drainage easement or
deeded to the Town of North Andover. If the latter course is
chosen, the applicant shall immediately address a letter of
such intention to the North Andover Board of Selectmen.
All, structures, including Sub-Surface Disposal Systems, shall
... be placed as close to the northerly lot line of Lot 26 as
�o:, is practical, and as existing building and sanitary codes allow,
d1A _ in order to minimize the filling of Wetlands on Lot 26.
4.' 15. The only filling allowed on Lot 23, will be that shown on the
plan listed in Condition llb of this Order of Conditions.
� This loss in flood storage capacity shall be added to that
calculated for other filling on this site as required in
� Condition 13 of this Order of Conditions, for purposes of
° tv^ determining the need for compensatory storage.
16. A row of staked hay bales will be placed between all construction
areas and Wetland Areas, and will be maintained until all
construction on this site is completed. Upon completion of
work, all accumulated sediment will be removed from Wetland
Areas, and from the hay bale check dam, before a Certificate
of Compliance will be issued.
17. Upon completion of work, all altered areas must be stabilized
as soon as practical to prevent erosion and sedimentation of
wetland areas.
18. All erosion prevention measures, and sedimentation protection
measures found necessary during construction by the NACC, will
be implemented at the direction of the NACC, including, but not
limited to, the placement of hay bales at potential sedimentation
points.
19. Any changes in the submitted plans or Notice of Intent or changes
resulting from the aforementioned conditions must be submitted to
the NACC for approval prior to implementation. If the NACC finds,
by majority vote, said changes to be significant 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 can not be protected by this Order of Conditions
and would best be served by the issuance of additional conditions
then the NACC will call for another public hearing within 21 days ,,
at the expense of the applicant,' in order to take testimony from
all interested parties . Within 21 days of the close of said
public hearing, the NACC will issue an amended or new Order of
Conditions.
Any error found in the plans or information submitted by the
applicant shall be considered as changes and the procedures outlined
for changes will be followed.
2b -
ORDER OF CONDiTIONSt GILMAN LANE 242-113 �
20. In addition to the requirements of Condition No. 10, the
applicant must submit a letter, from the professional who
prepared the plans, 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,
c. Distances to all structures and alterations within 100
feet of any areas subject to the Wetlands Protection Act.
An "As-Built topographic plan of all areas within the 'urisdic tion
of the Wetlands Protection Act must be submitted when a Certificate
of Compliance is requested.
21. 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.
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ORDL E UP COND 1 1A.UINS CoN I.INIjED 3 -- t• .t l.K No._���1 - - 1.13 - —�
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The Applicant, 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 appeal this order of the Department of Environ-
mental Quality Egnineering 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
On this 3rd day of rApri 19 $1 , before me personally
appeared James` Lafond . to me
known to e t e person described in, and w o execute , the foregoing
instrument and acknowledged that he executed the .same as his free act and
deed,
My Commission expire ee
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
y
REGISTRY OF ON (DATE) I
If recorded land, the instrument number which identifies this transaction
is
If registered an , t e document number which identifies this transaction
is
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Signed
App zcant
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