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HomeMy WebLinkAbout1986-02-10 Conservation Orders of Conditions (2) 1jME'Fiie No. 242-423 (To be provide �d by aE(]E) Commonwealth Ci�y/Town North Andover r , of Massachusetts l j Applicant Robert Jan >sz - _. Order of Conditions Massachusetts Wetlands Protection Act G.L. e. 131 , §40 -ind under the Town' of North Andover Bylaw, Chapter 3 . 5 A & B NORTH ANDOVER CONSERVATION COMMISSION From Robert Janusz Same To ' (Name of Applicant) (Na ne of property owner) 40 Sunset. Rock Road Address Andover, MA 01810 Address Same This Order is issued and delivered as follows: " July 23, 1987 (date) Iby hand delivery to applicant or representative an ❑ by certified mail, return receipt requested on (date) This project is located a Candlestick Road (Lots 3,4,5,6,8,9 and 1.4. Jared,Place Phase The property is recorded at the Registry of Northern Essex Book 1660 Page 44 Certificate (if registered) 'The Notice of Intent for this project was filed on June 2, 1987 (date) The public hearing was closed an June 10, 1987 (date) Findings " The North Andover ( onservati nr, ��mm;���c � has reviewed the above referenced Notice of Intent and plans and has held a public'hearing on the project. Based or the information available to the NACC at this time, the NACC 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 regulallons for,each Avt. subject to Protection Under the Act (check as appropriate): V] Public water supply CAI' Storm damage prevention ® Private water supply N Prevention of pollution' ® Ground water supply ❑' Land containing shellfish ❑ Fisheries 0 Flood control _ t _ Page —2— Candelstick Road (Lots 3,4,5•,6,$,9 and 14.) 242— 423 r, Jared Place Phase I NACC _ `herehy finds that the following conditions aro Therefore, the necessary, in accordance,wilh the Performance Standards set forth in the regulations, to protect those inter- ests checked above. The �1J1CC 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 ail'condiiions slaled'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 r^ny 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 feddtal, state or local statutes, ordinances, by-laws or regulations. rq. all be completed within three years from the date of this Order unless The work authorized hereunder sh 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 dale and the special circumstances warranting the extended time period are set forth in this Order. _ 5. This Order may be extended by the issuing authority for one or more periods of up tathree years each at Ieast 30 days prior to the expiration date of the Order. upon application to the issuing authority, 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. Z: • No work shall be undertaken until all administrative appeal periods.from.1h.is 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 NACC 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.icss than two square feet or more than three square feet in size f bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number 242.— 1 10. Where the Department of Environmental Ouality Engineering is requested to make a delermination and j to issue a Superseding Order, the C.onservalion Commission shall be a party to ail agency proceedings and hearings before the Department. 1 1 . 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 nPncin) Conditions: r ' 1 , Page -3- ORDER OF CONDITIONS CANDLESTICK ROAD D.E.Q.E. #242 - 423 Lots 3,4,5,6,8,9 and 14 12a. Notice of Intent submitted by Robert Janusz, 40 Sunset Road Andover, MA Prepared by Thomas E. Neve Associates, Inc. 44 Boston Street, Topsfield, MA dated June 2, 1987 and received June 2, 1987. b. Plans Entitled: Sanitary Disposal System designed for Robert Janusz by Thomas E. Neve Associates 1. .Lot 3 Candlestick Road, North Andover Drawing #S-305-3 Scale 1"=40' Dated October 23, 1986 2. .Lot 4 Scale 1"=40' dated August 22, 1986 #S-305-4 3. .Lot 5 Scale 1"-40' Dated October 22, 1986 #S -305-5 4. .Lot 6 Scale 1"-40' Dated October 21, 1986 #S-305-6 5. .Lot 8 Scale 1"=40' Dated October 15, 1986 #S-305-8 6. .Lot 9 Scale 1"=40' Dated October 15, 1986 #S-305-9 7. .Ldt 14 Scale 1"=40' Dated March 13, 1987 #S-305-14 C. Letter dated June 2, 1987 from Thomas E. Neve Associates to NACC received June 2, 1987. d. Leter dated June 25, 1987 from NACC to Mr. Robert Janusz. e. Letter dated June 29, 1987 from Mr. Robert Janusz to NACC received June 29, 1987. 13 This. Order of Conditions is written in addition to those issued under File #242-331. 14. In advance of any work on this project, the applicant shall notify the NACC and shall arrange an on-site conference among the NACC, the Contractor and the Applicant to ensure that all of the Conditions of this Order of Conditions are understood. This Order also shall be made a part of the contractor's written contract. Page -4- ORDER OF CONDITIONS CANDLESTICK ROAD D.E.Q.E. #242-423 Lots 3,4,5,6,8,9 and 14 15. The Applicant, or its successors, shall notify the NACC in 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. 16. Prior to any construction on the site, a double row of staked haybales shall be placed as shown on the plans, referenced in Condition 12b. In addition, hay bales and a snow fence shall be placed as specified: Lot 6 - A snow fence to be placed 10 feet off of the hay bale line. Lot 8 - A snow fence to be placed 10 feet off of the hay bale line. Lot 9 - A snow fence to be placed at elevation 156 following the contour line. All erosion control devices and snow fences shall be inspected and approved by the NACC prior to construction. 17. (Per individual lot) The Applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of twenty-five (25) hay bales and sufficient 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 Condition #16. 18. 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 loaming, seeding, and mulching according to Soil Conservation standards. If the latter course is chosen, stabilization will be considered once the surface shows complete vegetative cover has been achieved. 19. No earthen embankment in the buffer zone shall have a slope steeper than 2: 1. 20. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be implemented at the direction of the NACC. 21. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. Page -5- ORDER OF CONDITIONS CANDLESTICK ROAD D.E.Q.E. #242- 423 Lots 3,4,5,6,8,9 and 14 22. During and after work on this project, there shall be no discharge or spillage of fuel, oil, or other pollutants into any resource area. 23. 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 the Wetlands Protection Act and Bylaw cannot be protected by this Order of 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. 24. 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. 25. In conjunction with the possible sale of this lot, the applicant shall submit to the NACC a signed statement by the buyer that he is aware of an outstanding Order of Conditions on the development and has received notice under Condition #28 below. 26. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. 27. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 28. The provisions of the Order shall apply to and be binding upon the applicant, its employees, and all successors and assigns in interest or control. 29. Issuance of these conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage, or any other form of damage due to wetness. 30. A surety performance bond or letter of credit running to the Town of North Andover shall be provided in the total amount of $14,000.00 ($2,000.00 per lot) which shall be in all respects satisfactory to Town Counsel and the NACC, and shall be posted with the Treasurer of the Town of North Andover before commencement of work. Said bond or letter of credit shall be signed by a party 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 con- tinuing nature. This Condition is issued under the authority of the Town of North Andover Wetlands Protection Law. Page -6- ORDER OF CONDITIONS CANDLESTICK ROAD D.E.Q.E. #242- 423 Lots 3,4,5,6,8,9 and 14 31. In addition to the requirements of Condition #11, the applicant shall submit a letter to the NACC from a registered professional civil engineer 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 wetland resource area. b. "As-Built" elevations and grades of all filled or altered wetland resource areas. C. Distances to all structures and alterations within 100 feet of any wetland resource area. An "As-Built" topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and Bylaw shall be submitted when a Certificate of Compliance is requested. 32. No underground storage of fuel oils shall be allowed within 100 feet of a resource area. This Condition shall survive this Order of Conditions, and shall run with the title of the property. 33. Fertilizers utilized for landscaping and lawn care shall be of the low nitrogen content variety, and shall be used in moderation. Pesticides and herbicides shall not be used on any lot in the sub- division within one-hundred (100) feet of a wetland resource area. DEQE #242- 423 Candlestick;Road (Lots 3,4,5,6,8,9 and 14) Jared Place-Phase I 31• Issued By North Andover Conservation Commission Slgnat e(s) CV This,Order must be.signed by A majority of tho Conservation Commission. On this 8th day of July 1 9' 87 , before me personally appeare Jack Linden , to me known to be the person described In and who oxiar uled the foregoing Instrument and acknowledged that he/she executed th am his/ t a Nota P tic My commission expires '{ho applicant,tho 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 Ion 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 Enolneorino to issue a superseding Order,providing the request Is made by certified mail or hand delivery to' the Dopartment within ton days from the date of Issuance of this Order.A copy of the requost&hall at the same time be sent by certiried mall or hand delivery to the Conservation Commission and the applicant. If you wish to appeal this decision uNder the Town By Law, a complaint must be filed in Superior Court. Detach on dotted line and submit to the NACC prior to commencement of work. ' ..........»».»....... .....».................«.................. 'IssuinyAulhority Please be advised that the Order of Conditions for the project a 242= and File Number -- he,been to corded Ili the Pagiolry of has been noted In the chain of title of the affected property In accordance with General Condition a on 19 if record*d land, the Instrument number which idenlitles this transaction In ii reglalercd land, the d%u7nt number which Identities this transaction is APPUCanl. Slpn6tllre - i 310 CMR 10.99 Form 5 DEP Filo No. 242 461. �• f, J (To bo vvyKind try DEP) ' h. City, North Andover r— Commonwealth � Y'Town .,, _. of Massachusetts f Robert Janusz j 6BOARD Aprallcanl - Lot 38 Candlestick Road i Amended Order of Conditions i Massachusetts Wetlands protection Act C.L. c. 131 , §40 and under the Town of North Andover' s Bylaw Chapter 3.5 From NORTH ANDOVER CONSERVATION COIvIrfISSION Robert Janusz Same To —_ -- - --------. (Name of Applicant) (Marne of property owner) 40 Sunset Rock Road Address Andover, MA 01810 Address__.SAME — -__--.-- This Order is issued and delivered as follows: by hand delivery to applicant or representative on February 16, 1990 (date) D by certified mail, return receipt requested on -- - ----- (date) This project is located at Lot 38 Candlestick Road The property is recorded at the Registry of, Nct -thorn Book 1660 Page 44 Certificate (if registered) The Notice of Intent for this project was filed on April 19 18F3___ ___________. (dale) The public hearing was closed on January 31, 1990 (date,)— --------- Findings The North Andover Conservation Commission _ has reviewed the above-refe-riced tlotice of Intent and plans and has held a public hearing on the project. Based on the information avall<Tnlei tc Ule NACC at this time, the NAC_C_ ___. __ has deleimnled that the area on which the proposed work is to be done is significant to the following interests in acr„orrjrrr7cP with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Um-ler the Act heck as appropriate): f Pubi�u water supply ©� Flood control ❑ Land containirTg slrPlllish m/ ®/ Private water supply 1E Storm damage prevention 0 Fis1)r>rir.,� © Ground water supply El Prevention of pollution U Protection of wildlife habitat Total Filing Fee Submitted N/A State Share _-___-- City/Town Share ('/_ f e P in r?xcer s of Total Refund Due S City/Town Portion S State Portion S _ ('/z total) ('12 total) Amended Order of Conditions on Lot 38 Candlestick Road #242-461 #54 Condition #26 shall be modified as follows: Residential construction on Lot 38 shall be allowed prior to the construction of the wetland replacement area at the rear of the Lot. A deed showing a construction easement for this wetland replacement area will be submitted to the NACC. Amended Ord of Conditions for Lot 38 Cand] `-tick Road #242-461 Issued By North Andover Conservation Commission Signature ) i�L Al .� i This Order must be signed by a majority of the Conservation Commission. On this 14th day of February 1 g 90 before me personally appeared Paul L. Tariot 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. 4Notry September 9, 1994 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 right to request the Denariment of Environmental Protection to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the DeDartment. with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03M,within ten days from the date of issuance of this Determination.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. If you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court. Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work. .................................................................................................................................................................................................................. To _155uuro Autnonty Please be advised that the Order of Conditions for the project at Lot 38 Candlestick Road, No. Andover�MA Fite NumDer 242— 461 has been recorded at the Reoistry o1 _ NoJLLhe_rn_F_ssPx JnC I has been noted to the chain of title of the affected property in accordance with General Condition 8 on 19 If recorded land, the instrument number which identifies mis transaction is If registered land, the document number which identifies this transaction is Signature — Acatsc;ir'• 5-aA