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HomeMy WebLinkAbout1979-09-26 Orders of Conditions '79-'83 ` EQRM k ©:DER oil CONUITTOINS - VE xLANAS pR ()TY1C 1011 ACT , G.L. C. 1.31 , s. 40 _ — — ..... ..... ..._ — — — — .._ -- ...,.. ._. ._ — ._. ._. ._ — - — — ._.. .._.. .._. ..... _.. .... ._.. ._. ...-.. .._ — C?i X/TC7'dy NORTH ANDOVER � pILE NtTHBYR 2 f 2- 78 TQ; T3, fI; Andrew Circle Ralty Trust ADDRESS * 349 N. Main St._,__, • . Andover, MA' CERTIFUD MAIL NUMBER PRDdXCT LQCATM': ! I--corded at. Registry off_ North. Essex , Book 1305 _ •Page 6 Certificate (if .regiatered) Notice of intent dated December 19 1979 and platna titled and dated M. V r :t o o IS ssu n oTt(d te)" . '. 'pbxuary, 16,.. 1980 Pursuant to the authority of G.L.' c: 131 , ts. 40, the NORTH ANDOVER -- -- CO iSERWiTION COMMISSION _ has reviewed your Notice of Intent.. and plans identified above, and has determined that the areaon .which the proposed work is to be done is significant to one or more of the interests listed in G.L. c. 131, S. l�Q, Tha NORTH ANDOVER CONSER. COMMI . hereby orders that the following conditions are necessary to' protect said interests and all work shall be per•forined in strict accordance e with .them and with the Notice of Intent and plains identified .above except where such. plans are tnodifi.ed. by said 'conditions. CorwlTIONS, , 1 . failure to comply with -al?� cottditiox�s stated herein, and with all related statutes and other regulatory measures, shall be deQmed cause to revoke or Modify this order: 2.- .Thi,3- order does not grant any property rights or any exclusive privileges; it does not autnorixe any injury to private properrty or invasion of private rights. 3. Thiu order does not relieve the permittee or any other person of the necessity of complying with all atriar applfc3ble fedcral, state or local atatutea, ordinances, by-la,w3 and/or regulatintts. 4 . Thc: work <tuthorizred hereunder shall be completed within one (1) year £rocs the dace of t1iiu order un1F: s it is for a raaintertance dredging project- subJect to Secti.o" order Wky be extended by -thn issuing s�uthority fox oile or no re addition, ono--yc:kr p,-rlocis p, r appiic.;1tion, to tht- f3aid isr;uin.�/ authority at least thirty (30) dAya prior to the c ..pi-r_7tiori date of th__1 order or :lt , L:;tc:n Lnn. OF — _ - --- - �. 242-78 .5• Any fill used in connection with this project shall be clean fill , containing 110 refuse, rubbish or debris, . including ,including , wit},out limiting the generality of the trr,eh , foz'egoir�g, lu;,ber, bricks, pla';tex, wire 1, lthofpaper , tt erforcc otng,cl' pipe, 'tires, asl+'es, refrierat_ors, motor vehicles or part: Y b. No cork may be. ccriainenced' until all appe-sl periods have elx'tmentfrom of l tbe; or 4nter of the ai Conser-vation Cou�,si ssio❑ or from a final order 'by the Department quality Engineerinv. 7 , ho worksha11 be undertaken until. the final order, with ..thepect t district in pwhi�hethe . ' . . project, has been recorded in the liegi-stry of Deeds for lard is located within the chain of tithesubmitted h f onttheed pforraat• he h tendoo �thig nu_nbex indicating, Bch recording shall order to tha i6suer of this order prior to co-,=encement of ork, uare feet or more than A sign shall be displayed at. the site not lesa that two s q three square feet bearing the words, 'tJa'8sachusetts Department of ) nvirorm�Ental Quality Engineering. Number 2 12 , g. ybc-re the Department of Environmental Quality Engineering is requested to make a determination and to issue a superseding order, the Conservation Corimissi.on sh a ll Depart�,ent. be a party to all agency proceedings and hearings• before the _" .. lQ. Upon ccfrpletion of the cork described herein,' the applicant shall. forthwith -request, ' be issued stating that the work in w-ri.ting, that a Certificate -of Cor�pli.anee has ' been natisfactori_l.y completed', , described plans ,and,- addition l.-canditions:. Il . The work shall conforms to the follauing P a. Notice -of Intent, Environmentail. Data ' Form and hydrologic .ca.iculat.iori-s/dated December 19, 1979/ 23 pages . b. "Sail Type"-' No.tice,.. of 'Intent: -Jngalls Crossing II and.,.Andrew 'Circle -Re,&Ity. Trust/da'te' 3 December 19, ,1979/sole Lk'.-2 00 Frank C.; 'Golinas &;Assoc:•/l 'sheet. , r Definitive pl.ab of Land '4f Ingal.is- Crossing,-II./Andrew 'Cirole Realty -Trust/Fran . C: 'Gel.9;rias &-A.s.soc, /July': 16.E '�19 7-9 Orztobe ` 30, '1979';-& rev, Nov inber '8,:. 1979/ nine ('9)•, sheets " .` (includes :topographi:cal and- •d-ka. nage. 'plan). . , 12'. "one invert . of the cuff 1'ow, pipe of the proposed pond will be .sit at, an :elevation equal "to 104. 5; Th'i's I 'the same elevation specified 'in an. Order ,of- Condi.-tions (24.1-55) issued previously . by the' NACC.. 1.3. The -banks surrounding the proposed -pond Wil-l' be . 'raised- to rAinimum elevation •of•:-107:0 'arid, said banks'- Wi:l-1- .have a., minim_ um- width of 'ten '(10) feet 'at elevation 10.7.0. 14. All disturbed areas, at -an-'elevation above' 164. 5 for a"distance. Of fifty •(50) feet• from' the proposed p6hd, will 'be lo ' ied.; minimum four (4) inches, and seeded. Page 2-A NORTH ANDOVER CONSERVATION COMMISSION Wetlands Protection Act-Order of Conditions To: Andrew Circle Realty Trust File 242-78 15. No excavation of any material or altering from the area of the proposed pond shall be allowed during and twenty-four (24) hours following a rainfall, if the elevation of the water in the pond is at or above the invert of the outflow structure. 16. The Order of Conditions (242-55) previously issued by the NACC for the proposed pond shall remain in full fource except as amended by this order. 17. The drainage system discharging into the proposed pond must be redesigned so that an elevation of 104.5 may be maintained in the proposed pond. No work may be undertaken except that specifically allowed under Order of Conditions (242-55� , until a new plan -for the drainage system is submitted to and approved by the NACC. Said amended plan to include all necessary calculations and documen- tation showing that the new drainage system will not cause any unnecessary flooding. ' 181 At the same time the plan required under. Condition No. 17 is submitted, a survey plan showing the delineation of the wetlands, as marked in the field, by the NACC' s consultant, will. also be submitted to for approval by the NACC. 19. This Order of Conditions allows only the construction of the roadway and appurtenances including the amended road drainage, but does not include or allow any other topographic changes(' which involve alteration within( 100 feet of wetlands delineated under Condition No. 18 or areas subject to the Wetlands Protection Act. 20. A letter of certification, certifying the elevation of all components of the approved drainage system as constructed in the field (as-built) , must be submitted to for approval by the NACC. , before a binder coat is applied to the roadway. Said certification to be supplied by a registered professional engineer or land surveyor. 21. `­�All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be imple- mented at the direction of the NACC or Highway Surveyor. 22. Any changes in the submitted plans, Notice of Intent, or 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 deviate from the original plans, Notice of Intent or this Order of Conditions to such an extent that the interests of Page 2-B NORTH ANDOVER CONSERVATION COMMISSION File 242-78 Wetlands Protection Act - Order of Conditions To: Andrew Circle Realty Trust 22. (cont. ) 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 snot er 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 errors found in the plans or information submitted by the . applicant shall be considered as changes and the procedures outlined for changes shall be followed. 23. 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. "As-Built" elevations and grades of all areas altered to provide compensatory flood storage. d. 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 ,jurisdiction of the Wetlands Protection Act must be submitted when a Certificate of Compliance is requested. 24. Compensatory storage must be provided for any loss of flood storage capacity for the 100 year event. Please provide any changes to the NACC for approval . S4 C[f'%'! It;Uc:l) -- � - -• - The applicant, any person aggrieved by thin orders any owner of land Al)utting the land upon tlhich the proposed work is are hereby o' be done, r any ten ss � �l city or tour in which such land is 1oca.te , Y 'notified of their ritit to appeal this order to the Department of Environmental quality Engineering provided the request is made in writing and by. certified mail, to the Department Within ten � (z0) days fro-t the issuance of this order. SUED BY NORTH ANDQX 'LB..,v._ CONSERVATION COMMISSION On this day ofir.«�'�• '�1 19 (i o f before me personally L - t6 me appeared _�.._�:� -v e -- - kno�aTt to be, the person described inj and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. '�• - illy;.cOf1711153lDRxp;CCS,J�l��L15 -19� Camissi.on expires� � rAcH aN D6TTO L I�' E .� .-ME SUBM I T- TO ' ISSUER OF TH t S ORDER PRIOR TO Co< � OICEME[fy O NORTH AN� DOVE' R CON'SERVA�1_IQN C0pjm .(je3uing-Ar1thoxity) ' LF-ASE BE ADVISED TRAT TBJ ORDER OF CONDITIONS- FOR.THE pROJECT,,41.' IJ1E NUMBER 242 - , HAS BEEN RECORDED AT THE REGISTRY OF > (D kTE)_.. :.__.—__.-_ recorded land , the instrument number which identifies this transaction is 'f registered ]-and , the document number which identifies th'ia transaction is �. Signed— Applicant 10 t)ltii.c:,Z 0/ C:wli)i.•a'f.()`iS ( \� 1 'k AItD J V 11 0 T EG '1, 1, 0It AC T 1 L. C, 1319 8. 40 ,.f.l.Y/zoUv� NORTH ANDoV1 tt z?xr, a r; m3 ,R 2?1 6 Andrew Circle Real L-y Tr us it Km)P-.?sS 349 No Main _St /15!t is e s • Andover, lvlA/1\T6 /lndoVC1r. , fa. z,s Area Northeast of Sa.Iein St.re*ei _Soa_ttheast of In gal Is Street-,�_;_-..-_:_ R co-r:ded at. Re 3j.ytry of North E., s`sex Y J�p Baa?c1.36.1/1_362 ,, .k' -e 253/009�C07. Certificate (if regiaterefl) r • Ttoi: {l'[�. or Y;ato.tlt. r.l trc>d )/I :� / c� • /lead �)1.r2rly t_?.(.1•''C3 ti11Fl rli'i.i'c? c° t'c:ilr� I I i t)il i'�Ti) �. �_ -. .. _ _ _� ._ 1{�1,`� ORbrR 1S ISSUED ON(d�rte) �- �� � `� . w.i_Lh 26 C;oridi.ti-,Ons �LIY. :ill:3slt to t-he acsthotl.ty of C.T, ' c ' 131 , ti . 110, the H01RH ANDOVl.OR CO;1 a; �VA`1'] Oid C_0}ii�flSSiQN _ _ has xev:Cet•red your T�otice. a.E Intent and plans idestt=t . d above., sand has determined that the area on .which the proposed work- is to lay , 1 }tte is tsi(;nt,f l-c-oiL t'o one or more of t:he int;err}sts listed in G. c . 131 , :E.'r,•. ;lii,' i' [ I-J I)OV11"R COiiSI H,R . Cop-HrA . he-reby orders thrit: the foll.otr Eng conditiosis are to 1)r oe r t id J.lat=r.rests ,nd a1.1 work shaII be per'foru,zd in strict accoz'd;a:ace 1 h: ;.1 ;a,t=t ,rf.i.la 1:.11:� 1;,Oi.ic e of Tnt_ent and plans ideliti.fied .tabove c:.<ce_pt j•,here aLsch ' i-ird if_ t ,.d by c,.t.f-d 'crjltclj.Ltong. .'.,0 f'1.' (WIS 1 , Failure 1-o r_oinpl_y with a].1, conditlona atated herein, and with a.11 , elate-d statcites ntad other regulatory lcaeasasres, than btr deex�d cause to r -vol ax vsodify thi-s and r: order does not grant any property rights or any exclusive p;ri.vllegea; 7_t clor_s trot aut.horiy.e any injury to pr. l.v.;t e property Or invnalosa of Private r f.Slats. 1, Thus order does not relieve the peer-.Jttee or any other perf3()n of i.l1e neck-s:;.lty of cu:!Iplyi_ng with all of ner applicrible- fedoral., rttate or locral 8k aute_o, ordin:wra.;ao hy -lrl��.� �alarl�or zr�gsal•'atiollR, ' h , '1110 h,-rf,twdc-r 0,a<Ql be co::iplehd withita oiirr (1) year fro.-i tl; : d•ci:n rti 1.10 3 oidr•c. ucllr s ft i:a for, a rtaln':i ltl .tc r* r?rrr1�1t1; 1)ioject' F;ub•ject to St•r l:ic•ti } (9) . 1,, nr'd, C ["ay i;< t <t r . c';: cl by i_lt-`. 1 ,. .t f ,�u 1 11! h,rt.• f 1:y for t:a."c r�::r; -f,• .t" 1�• t 1r ,t�� - i- �, i ,1 tr .!i 1 a t t) 1'1't' f'1 f ;i; '• J ,Z:tt-}I,�t.- 31'.y �`t f- lt :a•<I: 1 `. ! �f ( i r i� i { 'l f.ii i. ' ,_ ' ! ivy rl:• ,�� : :.. .�. r:C' 1. 1 II t �), i115 ! y71 r�Jl'( t !:11:,11, lit! f,. l t , ;,;.}r, , t°fu',''► ss,?,i,i ,h nr +l+ i,rt i� i;tcl.uriirrg , withr>r�t li ,;til i f (r,rr".; ,+ tv , lit;; l. fr , i.lic.ks, pl.:;,irr, wire, l.rt1�F f ,�pc>r, ,;otor vehicles or parts of oily of the 6. No k (=ay lie comnenced' until :il k. appeal periods have rl,sl; ,cd from the order of t i,e Ce>n:;c > val_ion Commission or from a final order by the Depiart ,.c rat of Envirorr9r,ntal (S,.r;al_t t_y Tngis�eerira,g. . ' : "- • • . 7 . l'to viork shall be undertaken witil the final order, with respect to the proposed i7r.oject has been recorded in the Aegi stry of Deeds £o> • the district i.n s hich 1-11 Xeii-d is located within the chain of title of the affected property. 'flip- Docul-z"ot rnrr�ber fi-)c]ict3i.ing Buch recording shall be aubroittr-d on t_he foiin at the cnd of t=1113 order to the issuer of this order prior to co moncernr-r,t of >, oI k. 8 A sign shall be displayed at. the site not ]_e-sa that two siplare feet or Wore tl,:3n three square feet bearing the words, +'1";oss��cituse-tts Departr)ent of Enviroirrnc rrtal ; ().r:i 1 i.ty Engineer_i_ng. number 242— �. 4;1iE'r. e the D('isrr,_l.s.,t_nt of 1'rivi_rormrental Quality Engineering is requested to ;�),A'Q :i tl+:tri ,nin:�tSs�n a �t3 to A superseding order, the Consetvation Cni,imis!:;ion slral l he a pa')Jy to rill_ r;g+•Icy and hearings, before the Dep.,rh3ent...- ' ' 0. ifi+a�aZ co,:plcf.ioi� of I.hc ~:sack f1c.cri_i,tA Lerein,' the applit-,nC >:l+,;ill fort"llwi.l_h i t'tisr+'s t' 9 I n s r'_f.i ing� that a C,'i-t i f. i.r._,te of Cw-+yiliance be 'issucd : at. the work br'r.r� k�riti_si ,3ctori_ly a't ,1�1 , 1"t d . 3 , ilie tianrk n]7aXl r_onfoi.ra t o i 4ir fc}7.1.�.���1ng dr:3s r fbed p,]ans anti+ addit_lotral c-onciiLion,3 ; a T npogr�i.p11i Pia' Of l rtiticl/ rt No l r11 t�ridover, I�IA�pi e� i ed for.' ,1, C1.rc'1-e ReaILY. ' rttsi`./ Iiy i+'r.,:iil'c C, Cel_ i_nns irlcl Msr�ci_a'l-.es . " Si1, s dated-,Nov6�rnt.p.r 28 , 1978 Ye_vi.st'd J.2/1- 1./78 rind March 10, I.97.9'. rrograrn/. ma'.S, ac,huset'ts/' Sh;irpners. .Poia.d: -Si_l 0/ `Th.0 0grar[11—n PJ f• :11�s " Du-n.t,,L .ig. 15 -05"-03, shee A1c Ju7te t �9. 'd -...,d , 68/ r�evisc, .1 7ufa.�_r;.h 1.0, cter 514ed APea 1_ ai'id . 2 +�rldec by .L+ C .G , Uf 1.LLtenL' -in L�lvl_QJ-Orltil{'ltl=cil Dal.-� rr)'r�ll/ i''t_r7l[t E`l ct.i't`t+l f..1.1'C1 E� i 7'i trs t r�iid: ':�c��,,rl: SI i_P ' Real_ ty Ti its i cis Led 3/1 _3/79" 119 . Tnr i 11\1,1, or t.o. om ri ow SI VHCI art IS of Me propoApd pond Will Q API elevelLfoo vquol LO 104 - 9 - 1 3 . Tho caul- flo%q sLuvrc Lure . is Lo be constructed fLrsL , follownd hy LUP W00011 check dvm , Verification of the elevation of the inverL w"qL bw SOM to the NoM Andover ConservaLion. Commission before any Wilton& work is undertaken . 14 . An erosinn check dam of crushnd stone and hay will be consLyricled immediaLply Wore the out.fall structure on IoL AA. Detail of S,111 (l cipm must bu approved by We North Andover Conservation Commission beFole const-ruction . 15 . The depLh of vicl"nNINed seMeMs behind LhP et o0o" check dOm will bP detchminedpaL least , every throe (3) months and tho yesulLs will be forwarded in wriLing to the Nordi Andover ConsojvWoP ComaLsslo-11 - The area behind said dam will 'n be cl e,, ed of Sedi'Llent- requepted by the North Andover Conservation Commission. a K . Removal of any maLerial excavted from the proposed pond will be subject, to Town and Zoning By-Law; where applicable . . a 11, 11 ( i- to August 1 , 1979 , the limit of the area which shall be excavLed fin; the proposed pond is one (1 ) acre . P) I (' to 1 of mat in r 1 al f I 0M an av ca gypp I a 1 MM" f thf, pl.o!� polld , altd Moi Aut"U 1 , 19Y9 , fooY LOW Pi i q will b'" `"M, o i Lhc p k pond to ve r i f y the el eva I i 0" 0 f t he co '!Ill r ;i,�; miut be wit.[,.nes s ed by a i inpi cqpu to f i Ve Of t hc NO I I I' Copqc, v"ilo" COWMISSIOO , A buisM mvirk will Pic provi &d bY th" plynnni i " low rives of the ptoposod pojA 1 " O' doc to aid ip Lhh, lq , If the average test ground water table, ag dvjetmjimd in Conditioir No . 18 , . is below elevation 102 , then the North Andovey Coiise)-_-vaLiofi Commission v") II call a public hearing at the expense of the applicant , for the purpose of yecousidering the size and depth of the proposed pond . 20 . The plans as submitted, the Notice of Intent and a copy of the Order of co"Mhons will be submitted by the applicaU to the U . S � SKI COnservOti0i Service for their commenLs and suggestions . A copy of any reply will be transmitted to the NoUh Andover Conservation Coo"Iss%" ; and based on comments and suggesHonq by the S011 COvS0vvMOn Service, the NOW) Andover Conservation Commission leswyvec We right, to review and renoob - der the plan for the pond , 21 . Any and all earth Yewoval will be completed by September 1 , 1981 . 22 , All disturbed Drinaq hove elevation 104 . 5 will be loamed and seeded immediately upon cumplotion . 23 . No e,cav,Ljo. or ally "wivri al_ from the area of the proposed pond shall bl- allowed 0­ 46 rind lwwy foor (24) hours following a rainfall if Lho 010Vt,KjLW Of thn n AlPt 1 " thp PO"d is at or above" " 1"Verk Of thy, o"Mow S, " Unk " P , 20 , At- U" ly v- , % 01 ! ; A M Iq Hds (sid"'Y OF ( ft1dj ! for" W H P r(niq ! lip P(Md , Bq COH " O"Od hY this oldor . There shall be no fillinn alivKnZ, removal , di edging within ] () ) fc'( t, Or airy area subject Lo We Act- allowed , 25 . Any chances in the suNaitted plans , Notice of InWM, or aCoramenGoned "OdikOns must be submitted to the NorLh Andover . ConservaLlov Commission for appl oval "PUOY Lo implemenhaKon . 26 . In accordance with SecLion 7 (6) of We ReguiaL.'Lons , a wrILLon sLnLPweoL cerLifying compliance with the Ordey of CandWons shall accompany a request for a CertificaLe of Compliance as required in CoadMon No , lo , p " ')I jcitn t 11 vly p"t soll P,g?,-f,.J Qv cd I Y a a a�j y owfle."f C) i I�1 alju t Ip upon 0Jc It L I irt pro ),)seal bk, door-,. or nrly tv Li of tl,:! f e 11 E!r Eby no (A C)f to J.n which mich Innd �F3 located Fl i:d'e r to t 1i e D e pa r tin eiri t of Eli v i v a t L;�i n t a I Q,1 a I i L y 1 r, 1 11, p:ovj,&cJ t is jazicle in vrILIng 8ml by certl.Uc-d umil to the Wl"hilL te_'Cl tjI,? it skmnce of tjl_Ls Y NORTH Alrfi),)VFi{ CO'NSE,RVATMN C N;% 'i -1 0 i rV d Iq J\ l CYO On 01) r3 d ny Of.- Me. PE-CSOnLkl to ille knowo to bt� the person describ(:d in) and who executed) the fo-regoing iILs,L-fu[!IvI1t And tic.fno,,,O.eduecl that he executed the setae as hit3 free pact and def,cl , X Ton 'ki'111_1 '10 'WEE ISSUFR OF THIS I L'.-R AM) SUi OR OR NORTH ANDOVER CO SERVATTON COM, -Authority) WE AY)VISED 111AT T11F ORDER 01' CONDIFIONS- IOR Tilf'. PRDRC.T..A'f 'D R 2 112— HAS BEEN RECORD) *AT THE REGISIKY OV wi recorded Jand , the instrument nutn1jer which identffies this trat,sactiots d land , thL document number which identifies Lhiff trunsic.tJou J.r; Y oEQE File No. (To be provided by DEQE) Commonwealth City/Town of Massachusetts Col_on.tc, Dc�rc�lo7= ' App4icani S0C.. r` Order of Conditions Massachusetts Wetlands Protection Act and under the Tot,tn• of No�k" c.131, n over ByLaia, Chapter 3. 5 A & B From ��•rill r'�-�_:o•~r�:� Ca�:sc•��r,�.tao'i, Cc��.�:.�a.:��ir�;� To Colo- , Ii�:l D -relopiuent Ge;.-zere.I Stole Tanist (Name.af A�pfica�rt) (Name of proptterty owner) ..:a L`.,C�..l.l! lam. L i'J l i l' ldart.l� e=,ct�n�s F SI (3.1�6�F :i►c:over i 0.1810 Address :Address This Order is issued and delivered as follows: ❑ lby hand delivery to applicant or representative on (date) 0 by certified mail, return receipt requested on 7? 1 012 3 (date) This project is located at Crossbow LGne 9 Lots 19 2 0$ • 21 , 3, G 9 7 9 The property Is recorded at the Registry of CIa i=i s e �� L's s � ,1 130 6 Boa , Page Certificate(if registered) Jl_i ,e The Notice of Intent for this project was filed on (? 9 7_ 3 date ) The public hearing was closed on J�'�e f 1 h 8 3 (date) Findings The t\ �'.'zc+.o�'e�: Cc�r�se! _i Cor:c_i. 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.GC at this,time, the i�•"CC 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 I�$torm damage prevention ❑ Private water supply © Prevention of pollution' 1JI-,Ground water supply ❑ Land containing shellfish 13Flood control ❑ Fisheries Therefore,the k'i'.Ct: 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 ivACG 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 ail 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. v. 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 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 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. 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 _ i ORDEa OF CONDITIML s Crossbow Lane 242-197 a. Notice of Int.eDt of Colonial Development Assoc. dated June 1 , 1983, sip: (6) pages . b. Plan entitled "Sanitary Disposal System, designed for Colonial Dev. Corp. Lot S Crossbow Lane, North Andover, Ej�" by Ti;o'f;tas L. Neve Associates , Inc. drawing no , 091- S-8 sheet l of 1 , dated Aay 26, 1933. C. Plan entitled SLnitary Disposal Systen, designed for Colonial Dov. Corp. Lot 3 Crossbow Lane , North Andover, 1,!A" [i,�,tre_d i,iay 25, 1983, by T1"lC)wns ,. Neve Associates , oc. Mwing no . 091 -S-6 sheet 1 of 1 . d. SaMUr'y Disposal Sys i en, desitDed for Colonial Dev. Corp. Lot "N" Crossbow Lain North Andover, !,!A" dated !-,ay 239 1983 by ThowLs L. Nave Associates , loc. drawing no. 091-S-N" sleet l of 1 . e . Sanitary Disposal System, designed for Colonial Dev. Corp. Lod. 20. Crossbow Lane, Forth Andover, 1�A dat-ed May 230 19839 b-y Thoiiias E. Neve Associates, Inc. drawing no. 091-S-20, sheet 1 of 1 . f . Sanitary Disposal Systan, designed for Colonial Dev. Corp. Loi". 21 Crossbow L;;;e, North over, iiA, d� ted 1;ay 23, 19339 by Tlzor:la.s L. Neve Associates Inc. drawing no. 091-aS-21, sheet 1 of 1. g. Jc.tltiti%_'!"y Disposal SyJ Mein CteSi&ned. for Colonial Dev. Corp. Lot 7 Crossbow Labe , North Wover, -Y' dL tecl :.lay 260 1983, , Y by Thonas E. Gave Associates , Inc . , drawing no. (}U aS-7 sheet l of 1. . Disposal Systan designed for Colonial Dev. Corp. Lot 3, Crossbow Lane, North I`.',iclover, i•.�A dated liay 230 ? 83, by Thor--,s E. Neve Assoc:t_Ltes , Inc. drawing no. 091-S-3 sheet 1 of 1 . 13. No t or;c under those Cruers of Conuit io) shall ca.tt,II:le-.-ice until 9. i r � r . 2!i.2 3 the CO'c'1C>.-f t:�Oi"tS for �r'�'.7��11�;�_71 e::t:c�i-t;;lts1? Olt file i -7�� have been filet az i Qe e,•.i:.nnKoTl granted by 't:fZe N ACC. 1/I . A rots of si Qed bay bales shall be placed between all constructiol1 nweas and wetland areas . This row of hLybales shall remain intact until all disturbed areas have been stabilized to prevent erosion. 15 . All disturbed areas shall be graded, loamed and seeded to provide rest_abili za€ :ion of disturbed areas . After res'tabilization, hay bales shall be removed .slid sedimentation shall be removed from areas of a.ccl73aulation. - 3 ORDER OF CONDI IONS : Crossbow Lane 242-19 7 16 . All erosion prevention and sedimentation protection measures re.s found necessLry during construction by the North Andover Conservation Co,wission will be implemented at the direction of the HACC or Highway Surveyor. 17. Any chanZes in the submitted plans , Notice of Intent, or resulting from the aforewentioned conditions must be sub- mitted to the NACC for approval prior to implementation. 1f the NACC finds , by majority vote, said changes to be significant and/or deviate fro•;n the oriti"nal plans , Hotice of Iment or this Order of Conditions to swch an e .t.ent teat the interests of the Wet lands 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 anended or new Order of Conditions . 18. any errors found in the plans or information submitted by the ^pplicant shall be considered as changes End procedures out- lived for cha.naes shall be followed. 19. `]'"die provisions of this Order shell apply to and be binding upon the appli cEntt, its cApl_oyees , and all successors and assigns in interest on control . 20. Prior to the issuance of a Certificate of CoLyliance, the applicant shall submit a letter_ to the Co; servotion Coi.oissi_on from a registered professional `nail cer certifyi% that tile work is in cowpliance with the plans :L"C3iera'nced Lbove and the conditions stated above . 21. Members of the NACC shall have the ri;ht to enter upon L;3d i inspect the prenises to evallJ.•=Le cowpli_c ]:tce with this order Of Conditions . 22 . Acce ptei e r3i nee?=ing and construction standards Lnd procedures shall be followed in the completion of the project,. 1?. issuance r i. issu�_ace o�_ these conditions does Pot:. 10 LOy way imply or certify Lhat tha site. or dot'nstreaw Li eas will riot be sub-- Jec1. to 1_looVii3 , sltoyn d an%e, off' Lay other form of da"inage due to wetness . 4 Issued By I,011-`s' kit U0-JC.,.. Conservation Commission Signalure(s) v This Eder test be signed by a majority of the Conservation Commission. On this ?0'1 HI day of Y',1 V 19 ` , before me personally appeared i��'�CG , 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. 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 tight to request the Department of Environmental Quality Engineering to Issue a Superteding 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 mail or hand delivery to the Conservation Commission and the applicant. Detach on dotied line and submit to the prior to commencement of work. To :Issuing'Authority Meese be advised that the Order of Conditions for the project at — Fife 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 t 9 If recorded land, the instrument number which identifies this transaction Is If registered land,the document number which Identifies this transaction Is Signature Applicant m J 11�let� ri ) DEDE File No. % 1 (To be provided by DEOE) Commonwealth city/Town 1�1ar t �l i,7"iCIOVC'r of Massachusetts Applicant Colonial Deve LOG�,t ton: Crossbow Lisle Lots 2 , 5, 13, 14, 15-018 Order of Conditions Massachusetts Wetlands Protection Act G.and under the Town- of Nort A�over�4ByLaJv, Chapter 3.5 A & B Fro Noy tl� t:�zciaver Co;zservcytion Co1,rn;lissioll Colonist. Develop-i�ent Assoc, r'�r clrews Circle I:e,, lty Trust To Name o A pli ) {{ ae of property owner) 1 Wehtward Milli 3 ;•0m Aort:.l� rain Street North }:eaclin�;, ,i�� O18��5 AndotTer, 1,.iA 01810 Address Address This Order is Issued and delivered as follows: n lby hand delivery to applicant or representative on ;y ^'- ° (date) ❑ by certified mail, return receipt requested on (date) This project is located The property is recorded at the Registry of lJor t hern is s ex Book- 1305 _ .Page- Certificate Certificate(if registered) The Notice of Intent for this project was filed on Ti,l � ?n 1 n (date) The public hearing was closed on August: 3, 19 00 3 (date) Findings The North Andover Conservat--ion GO.,Ln. 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 11AGG at this time, the LC 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): 0 Public water supply IN Storm damage prevention ❑ Private water supply :D Prevention of pollution' �E7 Ground water supply ❑ Land containing shellfish Flood control Cl Fisheries 242.-.201- Therefore,the I`..CC 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- 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 t6 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 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 uFon which the proposed work is to be done,The recording information shall be submitted to the 1�E�CC 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 242-201 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 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 Or CONDITIONS : Crossbow Lane • 242-201 The work shall conform to the following plans and special conditions : a. Notice of Intent of Colonial Development Associates, dated July 18, 1983 (July j9, 1983) sip: (6) pages . b. Plan entitled "Sanitary Disposal System designed for Colonial Dev. Assoc. , lot 2 Crossbow Lane, North Andover, 1-dA f by Tho-i-iiss E. Mve Associates Inc. drawing no. 091-S-2, sheet 1 of 1 dated July 15 , 1983. C. Plan entitled "Sanitary Disposal SysteH d.esigned. for Colonial Dev. Assoc. , lot 5 Crossbow Lane, North Andover, 1-dA" by Thomas E, Neve Associates Inc. , drawing no. 091-S-5, sheet- 1 of 1' dated July 15 , 1983. d. Plan entitled "Sanitary Disposal System designed for Colonial Dev. Assoc. , lot 13 Crossbow Lane, North t),ndover, r'IA" by Thomas E. Neve Assoc, Inc. drawing no 091-S-130 sheet i of 1 dated July 15, 1983. e, Plan. entitled "Sanitary Disposal System designed for Colonial Dev. Assoc. , lot 15 Crossbot. Lane, North Andover, !:L" by T'"io_:ns E. lid ve Assoc. !no. drawing no. 091-S-15 , sheet 1 of 1 dated July 150 1983 . f. Plan entitled "Sanitary Disposal System desi ned for Colonial Dev. Assoc. , lot 11 Crossboc, Lane, Forth i.ndover, 1,iL`= by Thod s E. Have Assoc. Inc. drawing no. 091-S-14, sheet 1 of 1 dated July 150 1983. g. Plan entitled "Sanitary Disposal System designed for Colonial Dev. Assoc. , lot. 18 Crossbow Lone, North Andover, 14A" by Thomas E. Neve Assoc. Inc. drawing no. 091-S-18, sheet 1 of 1 dated July 15 , 1983. 13. No work under these Orders of Conditions ahal1 c�a:pence until the conditions for granting ai`1 e}.tension on file 242-78 have been met and the eNtension granted by the NAM 16 . A ro%•; of sta%8d. Way bales shall be placed between all construcUot areas and wetrla_nu areas . This row of haybalcs shall remain intact uiZtil all disc nibed areas have been stabilized to prevent erosion. 15 . All disturbed areas shall be graded, loaned and seeded to provide restabiliz t:i.on of disturbed areas . After restabi 1iz tion, holy bales shall be removed and sedlaentation shall be removed from areas of accumulation. - J 1 OhDER OF CONDITIONS : Crossbow Lane 242-201 16. All erosion prevention and sedhaentation protection measures found necessary during construction by the North Andover Conservation Commission will be implemented 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- mitted to the NACC for approval prior to implementation. If the WACC finds, by majority vote, said changes to be significant acid/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 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 tp take testimony from all interested parties . Within 21 days of the close of said public hearing, the NACC will issue Bn amended or new Order of Conditions . 18. 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. 19 . The provisions of this Order shall apply to and be binding upon the applicaot, its employees , and all successors and assigns in interest or control. 20. Prior to the issuance of a Certificate of Compl ance, ,.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. 2.1 . Members of the NACC shall have the right to enter upon and inspect the premises to evaluate 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 sub- ject to flooding, storm datlage, or any other form of damage due to wetness . 4 _ Issued By North Andover Conservation Commission Signatures) A 9LM SW This Order must be signed by a majority of the Conservation Commission. On this 7 Lh day of "�'aus 19 ,before me personally appeared ACC , 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. 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 fen 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 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. t' Detach on dotted line and submit to the prior to commencement of work. .......................... ..................................................................................................................................................................I................. To 'Issuing Authority Please be advised that the Order of Conditions for the project a 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 t 9 It recorded land, the Instrument number which Identifies this transaction Is If registered land,the document number which identifies this transaction Is A licant Signature RR•