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HomeMy WebLinkAbout1973-01-09 Conservation DEF SUB CONSERVATION C01•'t MION TELEPHONE 683-7t05 o ya uPTIP•T ,1' SsAc NuSF 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 December 1 , 1982 at 8 :00 P.M. at the Town Building Meeting Room, . 120 Main Street, North Andover, MA on the Notice o l tent o if: Bo & R Construction Company to alter land at Prescott Village for purposes of construction of 25 units , including roadway, drainage and . alsH graaing. 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.m. and by appointment. By: A. Galvagna Chairman run once in the Lawrence Eagle on November 26, 1984 Copies sent to : Planning Board Board of Health Public Works Highway Dept. Applicant Engineer DEQE CEDER OF CONDITIONS W E T L A N D S P R 0 T. E_C- T. I O N .A C T G.L. C. 131 , s . 40 a & under Town of North Andover B Chapter 3 Section 3. 5 A B _y Law, _- - ------------ ------- -- ----�..-_-_- . CITY/TOWN NORTH ANDOVER FILE NUMBER 242- NAME B & R Construction Compan ADDRESS 98 Main -Street North Andover, MA 0184. CERTIFIED MAIL NUMBER PROJECT LOCATION: / Address Prescott Village Recorded at Registry of , Book Page Certificate (if registered) REGARDING: Notice of Intent Dated November N, 1982 and plans titled and dated see condition eleven (11) THIS ORDER IS ISSUED ON (date) f December 17, 1982 ------------------------------------------ ----------- -------- ------ -------------- Pursuant to the authority of G.L. c. 131 , s. 40, the North Andover Conservation Commission has reviewed your Notice of Intent and plans identified above, an as determined that the area on which the proposed work is to be done is significant to one or more of the 'interests listed in G.L. c.. 131.0 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 said 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_21ans_are_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-}Tear uper application to the said issuing authority at least thirty �eriods 30) days prior to the expiration date of the order or its extension. OnPEt; OF r CtinTTJONS CONTT UED - 2 - FILE NO . 242-- 179 5. Any fill used 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. 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 the chain of title of the affected property. Th6 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- 179 ". 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 wort' 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 of B & R Construction Company/for Andover Savings Bank/dated November 22, 1982/by Merrimack Engineering Service/ nineteen (19) pages including runoff and drainage calculations . 1 B. "Grading and Site Plan" in North Andover, Mass ./drawn for Prescott f' Village Trust, Salem, New Hampshire/by Merrimack Engineering Services, Int. /dated January 1980, revised April 1980/one (1) sheet. 12 . The area at the outlet at northwesterly corner of the subject site shall be riprapped in 'accordance with Soil Conservation Service Standards determined by volume and rate of flow. Tlie design of the riprap shall be submitted to the NACC for approval prior to implementation. I 13. A double row of staked haybales (placed according to SCS standards) �. shall be placed along the westerly and northwesterly bounderies below i contour elevations 149 and a single row above elevation 149 on the westerly boundary. A minimum of 30 extra haybales shall be kept on j site in case emergency haybaling is necessary. These haybale siltation decks shall be maintained until a certificate of compliance has been issued. t j - 3 - ORDER OF CONDITIONS : Prescott Village 242-179 ` 14. 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 inter- ested parties . Within 21 days of 'the close of said public hearing, the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes and procedures out- lined for changes will be followed. 15 . 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. 16. Accepted engineering and construction standards and procedures shall be followed inithe completion of the project. 17. Prior to the issuance of a Certificate of Compliance, the applicant shall submit a letter to the Conservation CotiaRission from a registered professional engineer certifying that the work is in compliance with the plans referenced above and the conditions stated above. 18. 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. L , ORM- R OF CONDITIONS CONTINUED - 3 INU. Z4c I Iy -- 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 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 � 2l/1 ------------- J�? On this 17th day of December 19 82 , before me personally appeared AnthonyGalva na to me known- nown to 'Fe—the person escri e in, an2 who executed, the foregoing instrument and acknowledged that he executed the same as his free act and deed. f , My Commission expires �/ _-' f yc�� 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 PROTECT AT FILE NUMBER 242- , HAS BEEN RECORDED AT THE REGISTRY OF z 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 OR , rR 1 '"_YLAND PIN VION ACT G.L. '31 S.40 File Numbe3- 242-80 Project Le":at~ion No. Andover To Prescott Village Trust Cert. Main No. Prescott Road 91 Zion Hill Road Salem, N.H. Re: NotLee of intent & Plans Date- Jan 8, '1980 Date of Receipt by Conservation Commissions Date of rublic Hearing: Pursuant to the authority of G.1,. C. 131 :.,(O, the :00rrmissioner of the D�pa-rtment- of Environmental Quality Engineering I) .-, considered your notice of intent and plans ssubmi.tted therewl t: . and has d©teArmine:d that #.-ie area on which the proposed work is to be done is significant to ono or more of the interests closcribed in tho said Aot. The r.L? r :,-,e i n n A r hereby orders that the following conditions are necessary and all work must be oarformed in strict accordance with said conditions and with the Notice of Intent tar l Plans, unless Modified by said conditions. i CONDITIONS: I. 3?afiura to comply with. all conditions stated herein, and with all related statutes and other regulatory measures, shall ba deeamod cause to revoke or modify this I order. 2. This order doed not grant any property rights or :any excli?sives privileges; it does not authorize any injury to private property or invasion of private rights. 3, This order dons not re3 it vo 4he: parmittee or any other person of the necessity Of complying wi4h alp. other applicable fadcral, state or, 1:,,;al statutes, ordinances, by-laws and/or regulations. 4. The work authorized hexa€ander shall be completed within one (1) yew from the dates of this order unless otherwise stated hc:low pursuant to R"ulat ion, 6.7 The order may be extended by they issuing authority for ones or more additional one-year periods uNA application to the said issuing authority at ,feast thirty days prior to the expiration date of the order or its 'extension. 5. Any fill used in .connection with this project shall be cl,enn fill, containing no � trash, refuse, rubbish or debris, including, without limiting g the generality of the foregoing, lumber, bricks, plasterr wire, lath, papor, cardboard, :pipe, tires, aahos, refrigerfatoss, motor vehi.closas or parts or any of the foregoing. I i i i i r ^nr„�7mTf1�3� rnT�7TTr1!?� :;: - - PAGE 2 FILE No. 242-80 6. No work may commenced cstil pail a ppeal..perfvda have elapsed from the order of the Conservace n �mTMission or from a final order by the Department of Environmental 0"a1.iity Rngi.neer.i.ng. 7. No work shall be undertaken until the final Orders With respect to the proposed project, has been recorded i,' the Registry of heeds for the district in which the land is located within the chain of title of the affected property. Copy to be furnished to issuer of this order showing book and page prior to commencement of •pork. 8- UPan conpleiion of the Work described herein, the applicant shall forthwith request, in Uriting, that a Certificate of Compliance be issued stating that the work has been sat isfactora y completed. g. A sign shall be disple;►cd at the site not less thnr- two square feet or more than three square ;feat bc�,. . '_ � f •�.rix�g the wax��3t�, Massachusetts Department of Environmental Quality ;;;lgi-leering. Number 42-80 i0. Who're 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 cill agency proceedings and hearings before the Department_, --- -'_ t. The :cork ;ilall co13io�Yr s-o ti,e following described plans,- o -and—Additinal. conditions. � � Grading & Site Plan North Andover', Mass Drawn for Prescott Village Trust-Salem, N.H. Jan, 1980 Rev. April 1 , 1980 1"=40' -by- Merrimack Engineering Services ; Inc. 12. A 4' long "splash pad" of concrete or crushed stone shall be constructed at the outlet -of the drainage system in the northwesterly corner of the .. property. 13. Hay-bale siltation checks shall be maintained where needed along the westerly property line until paving is completed and upaved areas '.have good vegetation established to prevent further erosion. Inasmuch as this project is "categorically exempt" pursuant to the "Regulations Governing the Preparation of Environmental Impact Reports" adopted by the Secretary of Environmental Affairs, I find that there is no significant adverse environmental impact from this project and that ".all - feasible measures have been taken to avoid or minimize adverse impact. This project is "categorically exempt".. .-2 7— I E FORM 4; continued ORDER OF CONDITIONS CONTINUED FILE NO. 242-80 3 r..� The applicant, any person aggrieved by this order, arty owner of land abutting the land upovi 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 a fore hearing pursuant to the provisions of G.L. Chapter 30A0 SOction 10. The rOVOst for a hearing must be made In writing to the Department of Environmental Quality Engineering within ten (10) days of tho date of issuance of this Suporseding Order and should be addressed to: Docket Clerk, Department of Environm(nital Quality Engineering, 100 Cambridge Street, !ZOOM 19"o Boston* Mtassachusette 02202 A copy of tho request sl-La be sent to the Conuarvation Commission and the Applicant ISS€JED BY: Bruce K. Maillet Acting Regional Engineer Metropolitan Boston/Northeast Region F' On this 9th day of June , 1980 , before mo peraanr:lly appeared known to be the person described in na, c# who executed, the forecloing inrat on at a to Mo acknowledged than: he executed the same as his free act and deed. try cnmmission expires Nov 16, 1984 Notary Public DETACH ON DOWER LINE AND SUBMIT TO THE ISSUVR OF T11IS 01Z ER PRIOR "to C(9P%ENC�T Op VIO K TO: ---s 4 (Issuing Authority) PLEIL9E BE ADVISED THAT THE ORDER OF CONDITIONS FOR WE PROJECT AT FILE Nt]MLFR IMS BEEN 1'r -ORDLD AT THr, REGISTRY OF ON (date) . If recorded land, the instrument number which identifier thin transaction is� . If registered Land, the document 11 111 tberc which identifies this transaction is