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Home My WebLink About05-20-1975 Notice of Intent DEF SUB THE COMMONWEALTH OF MASSACHUSETTS ORDER WETLAND PROTECTION ACT G.L.c. 131 s. 40 FILE NUMBER: 242--13 PROJECT LOCATION- Chestnut Sti, Greenwood Associates-Victor Hatem No. Andover, Mass. TO: 451 Andover Street CERT. MAIL NO: 139133 North Andover, Mass, 01845 RE: NOTICE OF INTENT AND PLANS DATED:11/3/75 DATE OF RECEIPT 8Y CONSERVATION COMMISSION.. DATE OF PUBLIC HEARING: 12/2/75 Pursuant to the authority of G.L. c. 131 s.40, the o. Anctcv Commission has considered your notice of intent and plans submitted therewith, and has determined that the area on which the proposed work is to be done is significant to one or more Qf the interests described in the said act. The No. Andover Conservation Commission hereby orders that -the following conditions are necessary and all work. - must be performed in strict conformance therewith: CONDITIONS 1 . Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be declined 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 and/or regulations. 4 . The work authorized hereunder shall be completed within one (1) year from the date of this order. The order may be extended by the issuing authority for one or more additional one-year periods upon application to the said issuing authority at least thirty days prior to the expiration date of the order or its extension. 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, cardboard, pipe, tares, 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 Natural Resources has elapsed. 30 - •••'+ F• c 1LL INV. e 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. Copy to be furnished to issuer of this Order showing book and page. B. 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. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet bearing the words, "Massachu�t3s Department of Natural Resources, File Number 24 „ 1.0. where the Department of Natural Resources 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 of Natural Resources. 1l. The work shall conform to the following described plans and additional conditions: "Notice of Intent" for the Construction of Greenwood/Residential Sites/ North Andover, Massachusetts. Prepared for Greenwood Associates, November 4, 1975. Frank C. Gelinas and.Associ.ates, Engineers and Architects, North Andover, Mass. 42 pages, 3 enclosures* 1.2. Notwithstanding the provisions of Condition Number 7 (seven) of this Order, 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 in the name of the owner of record so that this Order will be found in the chain of title. 13. In order to prevent downstream flooding, to preserve a valuable groundwater resource, and to protect the natural habitat, no alteration whatsoever is allowed in a buffer zone described as the area within 25' (twmnty-five) feet horizontal distance on either side of the stream measured from the center line of the stream along its course from its northerly crossing of Chestnut Street to its southerly crossing •og Chestnut Street unless as allowed by another condition of this Order. 14,0 Inasmuch as the stream is a mayor tributary to the Ipswich River water supply, and in order to preserve and protect the water quality,, steps will be taken during all phases of construction to avoid siltation and erosion such that the amount of suspended solids in the stream shall not exceed '500 parts per million parts. During all phases of construction within the locus, it will be the responsibility of the applicant and/or his assigns to see that samples are taken and tests performed by a laboratory certified by the Mass* Dept. of Public ,Health and the results forwarded to the North Andover Conservation Commission. Samples will be collected at the point of intersection of the stream and Wesley Street. ' A minimum of one .sample per month must be taken within' 35 hours following a rainstorm. 31 -- resource, and to protect the natural habitat, measures will be taken to insure , that there will be no increase in the present maximum rate of flow of the stream indicated on the plans of the Notice of Intent, by the proposed alterations. Plans and specifications for such measures shall be submitted to the North Andover v r Conservation Commission for approval with or without conditions. 16, Construction of the proposed Road "B" and proposed utilities and drainage system within the area described in Condition 13 of this Order shall not be undertaken until plans for this work are approved with or without conditions by the North Andover Conservation Commission. Plans shall include, but not be limited to, location, size and grades of pipes and catch basins, and filling and cutting, 17. Plans for "Stage 3" as described on the plan entitled "Preliminary Sewer Study of Land Located in North Andover, Mass. owned by E.R. Greenwood" dated May 1973 and Sept. 1974, shall be submitted to the North Andover Conservation Commission for review prior to any construction or alteration to determine whether a Notice of Intent under M.G.L.Ch. 131.9 s.40, as amended, is required. 18. Upon approval by the North Andover Planning Board of the Definitive Subdivision Plan for Proposed Road "B" and associated lots, this definitive plan shall be submitted to the North Andover Conservation Commission for review to determine if the area requires a new filing under H.G.L.Ch, 1311s.401 as amended. 19. The ten foot buffer zone as described on page 25 of the Notice of Intent shall be increased to twenty feet along lots 3$ thru 47 to limit surface -runoff and flood damage from runoff. 20. For flood prevention and protection of water quality within the stream, no construction, grading, or removal, of any living tree or vegetation will be allowed in any buffer zone identified in the Notice of Intent and in this Order, unless as allowed by another condition of this Order. 21. All possible methods shall be taken to prevent erosion and siltation and to preserve water quality in all tributary streams to the main stream within the locus. I ' I CONDITIONS CONTINUED PAGE 3 242_13 FILE NO. 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 to the Department of Natural Resources, provided the re and by certified mail toAthe Department of Natural Resourcesten (10) days from the issuance of this order. n ISSUED By No. Andover Conservation Commission Date of Issue: Deuember 22, 1975 �a On thi nd day .o Dee l9 appeared 7-le IC , C. / �0/it/ before me personally to me' known to be the person des ribed in and who 'executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. My commission expires: - 32 _