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HomeMy WebLinkAbout1981-12-21 Order of Conditions DEF SUB DEDE Flio No. 2L}� 1227 (Ta be provided by D>=CAE} I ciryRoWn North Andover - Commonwealth Andrew Circle - of Massachusetts Applicant ea t:y rust Order of Conditions Massachusetts Wetlands Protection Act and under the Tox•m of Na D ave ByLawy 'Chapt~er 3, 5 A & B North Andover Conservation Commission ' From To - Andrew Circle Realty Trust; same (Name of property owner) P.bName of Applicant) . Box 398 Address North Andover,' MA ' 01845 Address This orders issued and delivered as follows: (date) ID ` June l 1984 (date) by hand delivery to applicant or represenlative an l by certified mail, return receipt requested on This project is located at Laconia Circle r - - - The property is recorded at the Registry of North Essex- 128 6001t..�n5.. Page - Certificate (if registered) - - The Notice of Intent for this project was filed on_. A r11 17 - 1984 (date) . The public hearing was closed on May 16 1984 (date) - _ A N��G Rp ARD Laconia Circle: File 242-227 PROJECT DATA:' 1. Notice of Intent of Andrew Circle Realty Trust dated April 12, 1984 prepared by Thomas E. Neve. Eight (8) sheets. 2. Definitive Subdivision Plan of Land of Ingalls Crossing III by Frank C. Gelinas and Associates Inc. Dated October 22, 1981. Revised March 3, 1983. Seven (7) sheets. 3. Letter from NACC to Thomas E. Neve dated May 4, 1984. Two (2) pages. 4. Letter from Thomas E. Neve to NACC dated May 16, 1984. Four (4) pages . 5. Drainage Calculations for Ingalls Crossing III by Frank C. Gelinas dated October 1981. 6. Watershed Plan of Ingalls Crossing III prepared by Frank C. Gelinas & Associates,- Inc Dated October 22,-- 1981.--.--One---1) sheet. FINDINGS : 1. The North Andover Conservation Commission has- reviewed the_- above referenced_ Notice-.-of--Intent-.and plans—and has-- determined - that the wetland areas affected by the proposed project are significant to the following statutory interests of the Act: flood control, storm damage prevention, prevention of pollu- tion, groundwater supply, and public/pri. rate supply. The applicant has--notovercome tie presumption _of-_ si.gnifi-cance - of the -bordering-vegetated-wetland=and---land--subject--ta=-£lood­- - ing to the interests-noted-.above. -- 2. The jappli.cant has described the proposed project as a "limited project" Section 10.53 (3) (e) The NACC has determined that a variety of reasonable alternative means of access exist and that the proposed project is not a limited project and must therefore meet the performance standards of Section 10.54 through 10.57. 3. The Notice of Intent submitted by the applicant is for the - first 1270 feet of roadway and utilities on1X.__ _It . does not - - -- encompass the eleven residences next to tNe roadway, nor does - it -cover the second roadway (Keleta Road) and the other nine- teen residences. The applicant has not submitted any calcula- tions to show the impact of the project on theme interest of the Act (e.g. , impact of imperviousness on -runoff,- Impacts_of-_...loss- - - of -groundwater recharge areas,--impacts of-Joss-of o£ storage on water supplies , etc. ) The NACC cannot- determine the full impacts of this- -project based on the information submitted, 2- Laconia Circle: File 242-227 4. The applicant has not submitted any alternative designs which would seek to minimize the wetland impacts of the proposed project. The project does not include any im- pact mitigation measurest e.g. p detention/retention pondso compensating storageo or replacement wetland areas . 5. The proposed roadway eliminates over 1700 square feet of wetland area. The NACC finds that the project does not meet the performance standards set forth in Section 10.55 through 10.57. In essence this project was designed prior to October 1981 prior to the promulgation of the current D.E.Q.E. regulations. The information submitted with the Notice of Intent does not address the performance standards or the presumptions -of -significance.. DECISION: The North Andover Conservation Commission finds that: 1. the proposed would -have a negative impact on the wetlands on the sited 2. there are no feasible conditions short of relocation of the roadway to prevent such impactst and 3. the applicant has not overcome the presumption of significance as per the new regulations . For the reasons set forth abovep the North Andover Conservation Commission . den .es th.is.. Notice of -Intent_..withou_t_axe.. However, the North--Andover,Conservataon_...Commission. has not - - - considered-and -does _now rule ._pn, at_ thi -time ,other activities°` which are of dif ferent size.,.-dater_ials �- location de's-ign,-=or type which the applicant may propose at a later date. �. 3 • La6onia . Cfrcle Issued By s,or r Conservation Commission signature(sy 1 7 This Oder a be signed by a majority of the Conservation Commission, On this 1st day of June i 9 84 , before me personally appeared AnthonyGalva 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 his/her free act and deed. Notary Public My commission expires The applicant,the owner,any person aggrieved by ibis Of der,any owner of land abutting the land upon which the proposed work is to bedon©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'y certified mail or hand delivery tp the Department within ton 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. Dstach on dolled line and submit to the prior to commencement of work- ...................... . ................................................................................................................................................................................ Ta Issuing Authority Please be advised that the Order of Conditions for the project a File Number has been recorded at lite Registry of and has been noted in the chain of title of the affected properly in accordance with General Condition 8 on —- - , 19 If recorded land,the instrurnent number which identifies this transaction Is_if registered land,the document number which identifies this tfansacllon is — Signature Applicant 4 r S FORM 1 UC CCMONNEALT"ri OF �!kSSkCWSc.TT•S G.L. C. 131 s. 40 r REQUEST TO DEic.�.'SIVE 'RLICABI:,zTY OF i71E tAOT:CTIDN ACT 1. 7y the undersigned, hereby request that the 4 011 E' r name of Conson Make a determination as to nether or naC the Act (iss applicable tot the areeaa,3sl oro;�ork to be performed oa said. area, a description of which is submitted herewith and cads a part of this request. 2. The naae(s) and address-(es) of the ovner(s) of the area are: LA 11 O� tl p 3. I hereby certify that all abutters (attached list) to the area descr bed above which is subject to this ';mitten request, and the ovner, if not the person making the reque,. have been aotiFied that a determination is being requested of the Codserration Cr '. under the Act. is: 4. I have filed a copy of this request with the appropriate regional office of tha F--assachusects Department of Enviro'nme.ntal. Quality Engineering, (see map for regions aL:: addresses) . • Northeast Southeast . .. Centx al. Western 5. Is the area subject to this request in, or. within 100 fee « coastal bank f t of. a coastal dune � crustal beach salt marsh ; land under the ocean -- —" a salt pond ; anad-a®ousfcatadromoua fish• run ; do not kmov I s �rr��ssro 0. n n r « e a r t 3-0 �— Y CLA rn Address n... OU 6,RMItaA`i'Iilil OF Ali°'Pi.ry.iC.-ABILIiY 4F THE ldE'Uilq PROVE-C i I01l AC-; 40 North Andover .Planning Apard Dam; November 18, 1981 (Ingalls Cr6ssi,ng III) Ptrr staa.rlt to the Author i ty of G.L. C.131 5.40, Me North Andover Cpr�servAi,3on Commission �+as oorrsidered your raelluest for a dcn tgr-Mf natiran of applicability together with the plans sr bini tted with it and 114S wade the f0110Winq detr:r inatign: The area shown on the plans is not subject to the Act. 2. E X I The entire area shown on the plans is subject to the Act and shall requl a filing of the notice of Int-nt. Only UIL- ar-ea drsc:v1h(zd bi�law is SlibJeot to the Act and shalt a filing of the notice of 111Ua11t: �'• 1Tha, area shag-ax *- the pl,= ias ;5�cxt,)jcjcc to ,r-hri Act: uric chcb ago fired , fi 'Ung, rl.";xaQving, or a cinAng, nAci tilcrefare a that the work is not subject to the Act shall e.xoire within Chi* M YQRP a•voice the date herein. 6. 'Weis d tin-"fiisr<ltioli does not relieve. the ner son rt,-q lestinq the dr��c�r�,t7i�fatf on Cnitiplying-Vilth all atirer aPalicyablo federal , state or locaT staMtites , Im �ikEaT$8'm '�, by—laws, arced/or y"i''gtilatiolls. 7. to ct,Fiiply w1th this Nat!all I)id with all related statt.rtes and falatyory "a"'AslivLti S 3hal l be f c .#,i 'd cause to revoke. or r(odify the said. dutfrcrination. 8. NO work may he r a nr ded ttr der is de 2 irtation until all npeal wlads have elapsed.. T 5IPill BY: � U)l r•cr�n�C. kIWT-e the Department of Environmental gtaaTity Enos ner nq issueS a Qfiggriva slzpp-'f4ccidng you are hQrVbY notified of your rich a a fionml hoarirtq oro- � 1 tp }ids riladge(�wi thin tpa��/�(10)y(♦r��"YS fr�ar� the date of the sulll'-r vid i iia cue ter- or tflf-- ,( I r•4..,11,'�ri �f1 .::..ZAr]� ,-3 q a , ri i,aT Quality Fri�ti rrE ..,r �nc. I TOWN[OF NORTH ANDOVER, MASSM—HUSE`1TS OFFICE OF CONSERVATION COMMISSION E t1ORTH q b,bti60 TELEPHONE 683-7105 it R� 70 4. 4 co SVAc"Uy� May 4, 1984 Mr. Thomas E. ` Neve, P.E. 447 Boston Street Topsfield, MA 01983 Re: Laconia Circle Project D,E.Q.E. File No. 242-227 Dear Mr. Neve: As a follow up to the May 2, 1984 public hearing on the above referenced project, this letter formalizes the request. for additional information on the project. Specifically the NACC requests the following data or information: 1 . elevation and extent of the 100•-year flood plain, 2 , loss-_in__flood- storage_ due=-t;o-_-tahe:=..proposed---roadway- and-,residences- -_and provis.ians for providing_. compensating- storage, 3; drainage and runoff calculations including measures to minimize or eli_mi_nate. the_ i�►c;rease due to develop meat, 4. complete topographic and drainage plan for full project including tentative location of houses , driveways , and subsurface disposal systems, 5.- . locus of project, 6. discussion of alternatives to the- project including ones which minimize or eliminate the need to fill in wetlands areas, ,� Thomas E. Nevq, P.E. May 4, 1984 Page two 7. evaluation of impacts of complete project (including houses, driveways , etc. ) on all interests of tIL Act including flood storage, runoff, groundwater) 8. discussion of your description of this work as a "limited project" in view of the fact that there exist reasonable alternative means of access to the upland areas on this site. This information should be available to us prior to the continuation of the public hearing on May 16, 1984 to allow us to review it. Should you have any questions on the above items please do not hesitate to call us. Yours truly, 7 i Guillermo Vicens Vice Chairman, NACC GV t mm cc: D.E.Q.E.-_ Andrew--Circle--Realty_ Trust- Highway-Surveyor:.-- Planning Board -