HomeMy WebLinkAbout1987 Order of Conditions - Conservation 242-452 ,t
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Fora 5 eE File No. 242-452
, T o be provided by of )
City/Town North Andover
Commonwealth
of Massachusetts Margaret Antone li
Applicant
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! "Brook "
Christian way Extension
order of Conditions
Massachusetts Wetlands Protection Act
G.L. C. 131 , §40
1 and under the Town of Forth Andover Bylaw, Chapter 3,5 A
From North Andover Conservation Comm.
To Margaret Anto ells - same
(Name of Applicant) (Name of property owner)
1117 Catewood Drive
Address Alexandria, Va. Address same
This order is issued and delivered as follows:
by hand delivery to applicant or representative on (date)
Ii return receipt re seated on February 29, 1988 (date)
b certified mail,
This project is located at Lot 1-8 Christian Way xten ion
The property is recorded at the Registry of-- Northern Essex
Boo 350 Page 2
Certificate if registered)
Notice of intent for this reject was filed on December , 1 8 7 (date)
The � project
The public hearing was closed on December 30, 1987 (date)
Findings
The
North Andover Conservation Commission 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
ACC at this fir t the CC has determined that
the area on which the proposed work is to he 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 Linder the
Act(check as appropriate):
(9 Public water suppl Flood control El Land containing shellfish
Private water supply Storm damage prevention Fisheries
Ground water supply Prevention of pollution Protection of wildlife habitat
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Effective 1 1 7
Page 2 Lots 1-8 Chris it Way Extern
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Therefore, the tNAC� F 'lierct y fin is that the following eorrdttions rn
necessary, in accord nce w11h the Performance Slandards set forth in tho regulations, to protect those inter-
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es
t: checked above. The , „�..�., orders that all work shall performed tilk i
in accordance with said conditions and with the Notice of Inlent referenced above, To the exlent that the fol-,
low ing ondltions modify or dif fer from the plans,,s pc if ieations'or other proposals submitted wit h th c N oice
of Intent, the conditions shall control# '
ancr l conditions '
1 . Failure to comply w411 all' ondiflons slated herein and with all related statute and other regulatory meas. '
ur s, shall be de e d c-cruse to r'cvol:e or rnodif y lhi:; Order.
. Tlil.s order do not grlhnt any property rir lets or any oxcl(isive privil Uos' it does not authorize any injury '
to privale property or invasion of private rights. .
i y
3.
` Ws order does not rely evp tl)u p rr iltee or any other person of Ilia nccussilty of complying with all
' 'other applicat lc f c dd e l# state or local staIkiIcs, orditun no,o s, by-laws or re c ulaIions'.
4. The Y/ork authorized hereunder diall be co plet d with.in three years from ffic rate of this Order unless
miller of ltic following apply;
(a) Me wort is n maintenancc dradging,proioot as provided for In [lie Acl; or
k
( 1he time; for completionliii been cxi rnd d to a specifled date more than three years, but less Char
live c ars, from the date of isskranee and both that d,)tc: 1ho special circumstances warranting
the extended lire period arekset forth in this Order. .'
. . ` WS) order may Ise exler d d by the issuing authurily for ono, or morn. periods of up l three gears each
upon application to the issuing authority at least 30 days prior to the explration date of the order.
. Any till used in connection with this project zrshall be clean till, contraining no trash, refuse rubbish or de-
bris, includinU but not limited to lumber, bricks plaster, wire; lath, paper, cardboard, pipe, fires, ashes, i
rcIrIgcrators, motor vehicles or par 1s of any of i foregoing. '
. No wont shall be undertaken tintil all administrative appeal periods.ftom,lblls Order have elapsed or, if
such an appeal has been filed, nl+l all proceedings before Ilia p ►rrenf Have been completed. +
. No work shall be undertaken until [lie final Order has boon recorded in the Registry of Deeds or the Land
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Court for the district in wlii fi the lard is located, willhin I11r. chain of Dille of the affected property. In the
rose of recorded lard, the Final order shall also be noted in the Registry's Grantor Index under (tic name
f lhe owner of the land upon wNch the proposed work is to be done. In the case of registered lard, the
Final order sliall also be noted on the Land court Cedificate of `title of the owner of the land upon wHich
y the proposed work is to be done. recording information shall be submitted to the N CC
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on the form at the end of ibis order prior to oorMnencement of the wort.
sign shall be displayed at the sito not loss then twos care feet or r o re than three square feet in Siz
bearing Itic words, "Massa hus lts oepar# ent. of Environmental Quality Engineering,
. Bile Number
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10, where the Depar r er t of Cnvironmental Ouailly C-ngInacrIng 1,q requested to make a delermInallonand
to issue a Superseding order, tl)e Gons r alion Commission shall bo a party to all agency proceedings
{• and 1warino bore the Department, y
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1 . Upp n c o m pie(Ion of (ho work do scribcd Boccin, tho apt lic nt shall (o Wiwi th re qu Q st yIn writing that a
` be.isda � C1 wordy afiaoor� oorpletd.
C rJific Io oI Co pli oo y
12. Th ��or� ��ell conform to h 0 following pInns n d s pc c4il coi1dit ion s: F
Page 8
Order of Conditions -Lots 1-8 Christian Way Extension DEQE #242-452
12. The work shall conform to the following plans and additional conditions:
.. .Notice of Intent for Margaret Anto .ells by Atlantic
Engineering anal 'Survey Consultants, dated December 2, 1987
and received December 8, 1987 Seven pages.
. . rain ge Calculations to year design storm submitted
January 11, 1988 by Atlantic Engineerin - Five 5 pages.
. .Drainage Calculations 100 year flood plain.
4. , rai age calculations 100 year design storm.
. .Maps Entitled Prof .e , Con ervatlon. and Topographic Plan
prepared for Margaret A to ells by Cary Sae rider dated
Oct. 15, 1987, revised November 27, 1987.
. .Maps entitled Details prepared for Margaret Antonelli
by Cary Sackrider dated October 15, 1987.
7. #Map entitled Plan of Lots for Margatet Antonel.11 by Cary
Sac rider dated October 15, 1987 revised January 11, 1988.
8, 0100 year-flood plain computations - Addendum - dated January
1, 1988,
13, The following wetland resource areas are of feete. by the proposed work:
land subject to flooding (bordering) , and bordering vegetated wetland,
These resource areas are significant to the interests of the Act and
Town Bylaw as noted above. "these resource areas are also significant
to the wildlife and recreation interests of the Bylaw.
14. The NACC agrees Frith the applicantfs delineation of the wetland
resource areas at the site,
15, In advance of any work on this project the applicant shall notify the
NACC, and at the request of the NACC,, al l arrange an ors-site conference
among the NACC, the contractor, and the applicant to ensure that all of
Conditions of this order are understood. This order also shall l be Made
a part of the contractor's written contact,
16* The applicant, or its successors, shall notify the NACC 1n writing of the
identity of the on-site construction supervisor hired to coordinate
construction during the work on the site and to ensure compliance with
this order.
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Order of Conditions Lots 1-8 Christian day Extension DEQE #242-452
174, Commencing with the issuance of this order, and continuing through the
existence of same, the applicant shall submit to the NACC a written
progress report evey three months detailing what work has been done
n or near resource areas, adn what work is anticipated to be done over
the next period.
184, Prior to any activity on the site, a filter fabric fence or a double
row of staked hay bales shall be placed ten 1 feet from the edge
of the wetland areas per Bola. Conservation Service or I . . .E. Standards.
This barrier shall be inspected and approved by the NACC prior to start
of construction. This row of hay bales or filter fabric shall remain +
intact until all disturbed areas have been mulched, seeded, and stabilized
to prevent erosion.
190 The applicant shall have on hand at the start of any soil disturbance,
removal or stockpiling, a minimum of f if t hay bales and suf f iciefit
stakes for staking these bales. Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for the
normal control of erosion, as described in the Erosion Control. Plan
submitted with t e' otice of Intent or the hay bale harrier described in
Condition No. 18.
20. Upon completion of construction and grading, all disturbed areas located
outside resource areas shall be stabilized permanently against erosion.
This shall be done' either by sodding, or by loami n , seeding, and mulching
accoridng to Soil Conservalton Service standards. if the latter course is
chosen, stabilization will be considered once the surface shows complete
vegetative cover has been achieved.
1, No earthen embankment in the buffer zone shall have a slope steeper than
201. Any z1opes of steeper grade shall be rip-rapped to provide permanent
stabilization. All slopes on the inside of the proposed detention ponds
shall be no steeper than : 1
22. All erosion prevention and sedimentation protection measures found necessary
during construction by the NA CC will be implemented at the direction of
the N .
3. There shall be no stockpiling of soil or other mateira .s within 25 feet
of any resource area.
. During and after word on this project, there shall be no discharge or
spillage of fuel, oil, or other pollutants into any resource area
.5, Any changes in the submitted plans, Notice of Intent, or resulting from the
aforementioned Condition gust 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 latent or this
Order of conditions to such an extent that the interests of the wetlands
Protection Act and Bylaw cannot be protected by this order of Conditions
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Order of Conditions Lots 1-8 Christian way Extension. DEQE #242-452
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25# Continu d # i •
and would best be served by the issuance of additional Conditions,
thenc e 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.
26, Any errors found in the plans or information submitted by the applicant
shall be considered as changes, and procedures outlined above for changes
shall be followed.
2 . in conjunction with the sale of any lot with a resource area, the
applicant shall submit to the NACC a signed statement by the buyer that
he is aware of outstanding order of Conditons on the development and
has received notice under Conditon No. 35 below.
2 . Lots numbered 1,2,3,6,7 and 8 as shown on the plan are not subject to
future action by the NACC.
29, Lots numbered 4 & 5 will require the filing of a. Request to Determine
or a Notice of Intent.
o. The IACC shall be notified in writing of any lot line or lot number changes
with a copy of a plan showing these changes prior to any work on these
lots.
, Members of the NACC shall have the right to enter upon and inspect the
premises to evaluate compliance with this order of Conditons
32. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
33, Prior to the issuance of a Certificate of Compliance, the applicant shall
submit a Letter to the NACC from a registered professional civil engineer
certifying that the work is in compliance with the plans referenced above
and all the Conditions hereof.
4. 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.
35, ssuan of these Conditions goes not in any way impl.y or cerity . .
that the site or downstream areas will not be subject to flooding, storm
damage, or any other form of damage due to wetness.
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Order of Conditions Lots 1-8 Christian way Extension DEQE # -4 2
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, A proper bond or a deposit of Money or negotiable securities running
o the Town of North Andover shall be provided in the amount of
$2,000.00, which shall be in all respect satisfactory to Town Counsel,
Town Treasurer, and the NACC, and shall be posted with the Treasurer
of the Town of North Andover before commencement of work. Said bond
or deposit of money shall be conditioned on the completion of all
Conditions hereof, shall be signed by a part or parties satisfactory
to the NACC and Town Counsel., and shall be released after completion of
the project, provided that provision, satisfactory to the NACC, has
been made for performance of any Conditions which are of a continuing
nature. This Condition is issued under the authority of the Town of
North Andover wetlands Protection bylaw.
7. The utilities for any of the horses in this subdivision shah not be
`constructed as to pass under or through any wetland resource areas
on% th6 site.
38* All effluent catch basins shall contain oil/gasoline traps, and it shall*
be a continuing Condition of this order, even after a Certificate o
Compliance is issued, that the oil gasoline traps in the catch basins
be maintained.
9, No underground storage of fuel oils shall be allowed on any lot within
one-hundred 1 feet of any wetland resource area.on any lot within
this development. 'This Condition shall suer . e 'this Qr.der of.- Conditions,
and shall run with the title of the property.
40. Fertilizers utilized for landscaping and lawn care shall be of the low-
nitrogen content variety, abnd shall be used in moderation. Pesticides
and herbicides shall not be used on any lot in the subdivision within
too feet of a wetland resoruce area.
41, All waste generated by, or associated with, the construction activity
shall be contained within the construction area, and away from any
wetland resource area. There shall be no burying of spent construction
materials on the site, nor shall any waste be disposed of on the site
by any other means. The applicant shall Maintain dumpsters at the site
for the storage and removal of such spent construction materials
off site,
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Lots 1— (Stevens Lot) hx'i ian Jay roo � E � 2 =
s e y Andover on ervallon Commission
u � North .
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Signature(s)
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I Al A&!!! ==1 I a%0 RPM?S 0 d_9
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' This Order must bo sIgnody a MajorIly of Itie Con ry tior)ComInisslon,GOOF
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Jack Lindon I P-1 to rne known to be the
personally appeare
Corson dvscri� d��,e i
} nd who executed the foregoing Instrument and ackno ledued tliait he lie executed
the. me as his/her free a nd deed.
NAary Public, My commisslon expirs
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Tb applicant,rho owner,anypersonrev d by 1hi Order,en ownor of land abutltn llie land upon which 1ho proposed work Is to
no
grieved
done or any ton residents of Ilia city or town in wifth such land Is located oro lrareb notllled of itior ri iit to ro u t 111e C e ar ent
of nvlr�onenta.I quaIIt � �n tneefl to Issue n superseding rdor,prov AIdin th request Is made by certified mail or hand Belly r 1 '
Din rerter�t llt�In ton daysfrom lt� date of Iss►� oe of tl�ls rd rr copy of tl�o to ua t rtiali at th s ino time be sent b ceriiried
men or hand d llvory to the conwvellon coma nlsslon and the applicant;
If
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you wish to appeal this decision uA er the Town r By Lair, a complaint must be
filedin -Superior Court* ,
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p 18 dotted lire and submit t the
A rlar to commencement of Work.
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TELEPHONE 683-7105
�.�CONSERVATION COMMISSION
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. } PURSUANT TO THE AUTHORITY OF THE- WETLANDS PROTECTION ACTt
NAS SAH S TT S.GENERAL LAW IIAT R 1 1, - S LT ION 40, AS AMENDED, '
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AND THE TOWN of NORTH A D VBR'S WETLAND PROTECTION BYLAW, THE
F NORTH ANDOVER CONSERVATION COMMISSIONWILL HOLD A PUBLIC MEETING
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ON Wednesday, November 4, 1987 AT 8:00 P.M. , AT THE SELECTMEN'S
MEETING ROM,*- 120 MAIN STREET O NORTH A DOV R, MA ON THE WETLAND,
DETERMINATION REQUEST Margaret-,S. Antonelli
LAND LOCATED AT: Brood Farm commonly known as "StevensLot"
BY: . Jack Lindon
CHAIRMAN
RUN ONCE IN THE North Andover CitizenOct. 29, .1 8
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COPIES TD. + PLANNING BOARD
BOARD OF HEALTH
itt 4
B L I P R K S
HIGHWAY DEFT T ' i
APPLICANT
ENGINEER r
DEQEi
FIRE CHIEF
-Bldg. , Insp.
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