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HomeMy WebLinkAbout1980-10-22 Conservation DEF SUB S�7 T L A N D S P R 0 T . E_C 'I' I O N A C T G:L. C. 1. 31 , s. 40 CITY/TOWN NORTH ANDOVER FILE NUMBER 242- g NAME V itt�ent_ Grasso,�� �m _ ADDRESS 115 Turnpike S Robert Regan North Andover, MA CERTIFIED MAIL NUMBER - PROJECT LOCATION : Address Flagship Drive, North Andover, MA Recorded at Registry of North- Essex _, Book 1383 , Page 109 Certificate (if registered) REGARDING: Notice of Intent Dated, August 14. 1980 and plans titled «nd dated _see condition number 11 (eleven) THIS CRDER IF TSSUFD ON (date) September 17_ 1980 Pursuant to the authority of G.L. c. 131 , s . 40, the North Andover Conservation Commission has reviewed your Notice of Intent and plans" e'nlified a�ove ,� nd Fiat s—'2-etermined 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 , ' s , 40 . ToN%n 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 sai_T1nterests and all work shall be performed in strict accordance with them and with the Notice of Intent and plans identified above_except-where_such_ >lans^are_modified_by_said_conditi_ons . ___ __ __ __ __ __ __ CONDITIONS 1 . Failure to comply with all condition-s stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. fThis 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. 14' �hn work authorized hereunder shall be completed within one (1) year from `'he dote of this order unless it is for a maintenance dredging project �jbj-c•.t to Section 5(9) . This order may be extended by the issuing '7o'l')ri ty for one or viiore additional one-},car eriods uper application ' he cP i.d issuing Putbarity at . Icnst thirty �30) days prior to the ell dFte of the ordrsr or its cxtc•zi�i ran. F r i b . 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, wi.re , 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. The 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 Egnineeri.ng. Number 242- 96 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 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 .descri.bed plans and additional conditions : - a. Notice of Intent and Environmental Data Form dated August 14, 1980 with run-off calculations , 26 pages. b. Topographical Plan - Willow Industrial Park Extention and Wetland Design. Sheet 4A or 4A, dated 8/8/80. c. Topographic map of land in N.A. Mass. Industrial Park compiled by photogrammetric methods dated 1/25/80 as amended to show location of weirs. d. Definitive Plan of Land of Willow Industrial Park Extension located N.A. Mass . dated 6/13/80 sheets 1 of 2, 2 of 2. e. Utility Profile, Willow Industrial Park Extension dated 8/15/80 sheets IA of 3A, 2A of 3A, 3A of 3A. -2a- ORDER Or CONDITIONS 211, L96 12. For purposes of this Order of Conditions "wetland areas" includes , but is not .limited to those wetland areas already filled prior to the filing of the Notice of Intent. 13. The NACC considers the submitted Notice of Intent and this Order of Conditions for the proposed project to cover only the construction of a roadway and any appurtenances including drainage and the filling of lots Q through T. Thus, any future activities including, but not limited to the construction of buildings on or affecting protectable areas will. require a new Notice of Intent. 14. Whereas the filling and/or alterin of Wetland Areas which has been completed and the filling and9or altering of Wetland areas which is proposed will cause a loss in flood storage capacity, compensatory storage of flood water must be provided such that there shall be a zero net loss in flood storage capacity on the site. This compensatory flood storage must be provided for the North and South watershed areas which already have been filled and proposed to be filled, and must conform to the following standards : a. Compensatory Flood Storage will be provided so that the net loss in flood storage is zero. This amount will be calculated by the applicant/owner or his legal representative, certified by a professional engineer, and submitted to the NACC for approval prior to the commencement of any work on any applicable part of this site. b. Plans must be approved by the NACC satisfying this condition before any alteration or construction begins. compensatory storage . , . . . . . Co shall be provided for any and all flood storage losses due to construction of the roadway and the proposed filling of lots Q, R, S, and T. d. shall be provided for the one in five (5) year, one in twenty- five (25) year, and one in one hundred (100) year flood events . e. shall be above maximum ground water elevation in the area(s) where said compensatory storage is provided. f. shall not be created by dredging any currently existing wetland areas defined by the Wetlands Protection Act, M.G.L. c. 131 , s .40, as amended. g. shall be below the flood elevation for which it is provided. -2b- ORDER OF CONDITIONS 242-96 h. shall be contiguous to wetland areas which are proposed to be filled and/or altered. i. any wetland/flood storage areas 1. shall be raded such that final slopes will have a maximum rade of K) one (1) vertical to three (3) horizontal or ii) be equal to or less than existing grades where said compensatory storage is provided. 2. shall be constructed such that the depth of the top horizon of the soil will be of similar material and depth as the area which was filled and/or altered. In any case, said depth of soil need not exceed two (2) feet. 3. shall be planted with a fast growing cover crop immediately following final grading. j . shall be completed and approved by the NACC before any additional work is begun within the site. 15 . The following is required to minimize water pollution and sedimentation: a. There shall be a 0% increase in the rate of run-off from the site for the one in five (5) year one in twenty-five (25) year, and one in one hundred (100� year flood events . b. Plans and calculations demonstrating compliance with this condition shall be submitted to the approval by the North Andover Conservation Commission before any further work is undertaken on the site. All plans shall be stamped and signed by a registered professional engineer. c. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be implemented at the direction of the NACC or Highway Surveyor, including but not limited to the jplacement of hay bales at all discharge points . d. The maintenance of all drainage easements and erosion prevention and sedimentation protection measures shall be the responsibility of the owner. This maintenance shall include , but not be limited to, the removal of all. sediments behind �" erosion check dams when such sediments reach a depth of six inches and such measures to insure the proper functioning of required erosion provention and sedimentation protection measures . ORDER Or CONDITIONS 242-96 16 . 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 of 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 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., 17. In addition to the requirements of Condition No. 10, the applicant must submit a letter, from the professional who pxepared 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. 18. 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. Applicant, any person aggri cued by this circler any c�����i r of ] :»d, abi 1. i ng 1:he land upon which the proposed work is to be none , , or any Lcn 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 - ,� Un this _A"�'! ��� day of ��T� u� 19ZS0 , before me personally .� appeared �S 2 LAQ3 WOW CkVA NIA0 ,--� to me k;ihown to ,'die.the person nescr e �n, an w o execute , t e .or'egoing ibsCrument awd. acknowledged that he executed the same as his .free act and t My Commission expires 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 REGISTRY OF ON (DATE) , ' If recorded land, the instrument number which identifies this transaction is _ If regxstere an , t e document 'number which identifies this transaction is Signed -- TOWI 8F" ND,iTW ANDOVER, tXASSACHt15ETt • OFFICE OF CONSERVATION COMMISSION I. • ;0`yy4►6 „re a TFLEPHONE 683--7105 rt �sSACHUs�� '. Persuant to the authority of the Wetlands Protection Act, M,qssachusetts General Laws Chapter 131, Section 40, as amended, . and the Town of North Andover' s Wetland Protection By-Law, the North Andover Conservation Comniissivn will hold a public hearing on August 27, 1980 at - 9:00P. M. at the town building meeting ` room, 120 Main Street, North Andover, Ma. on the Notice . of Intent of , R. Regana VF Grasso L. Hamel to alter land at Flagship Drive Goff Willow._Street) . for purposes of construction of industrial .park.__ �___ • Plans are available at the Conservation Commission Office, Town Building, 120 Main Street, ' North Andover, Massachusettsy Tuesdays from 12 :00 noon to 2 :00 P.M. and by appointment. chairman . run once in ' North Andover Citizen, Thursday, August 21 1980. copies sent to: , . . . } fanning board health board public works highway department applicant ' engineer D.E.Q.E.