The URL can be used to link to this page

Home My WebLink AboutCONSERVTION COMMISSION I:VAT IU\ F -FOR- . . -``=. -roR- GOh1PLIAN•GE- =: 15 —COMPLIANCE— WET COMPLIANCE- i55`4C H•I Et tJETT,ANDS PROTECTION ACT T:assachusetts General Lars Cnapt-er 131 Section 110 TO ' Colsia Assoc . Inc . DATE: June 20 , 1979 91 Zion Hill Road Salem , New Hampshire. L SITE & AC'i'TYITY ;. Lots A,B ,C , 0 - Hillside Road No . Andover, MA. Altering within 100 feet of flood plain of stream running t perpendicular to Hillside Road through site . , NO ALTERING within 125 feet of stream. E The North Andover Conservation Colr,mission has investigated the site described above and has determined that a "Notice of Intent" will be required to be submitted as required under the "Wetlands Protection Act" . P Required forms and plans as listed in the Re.gulations under the Act f shall be filed with the Conservation Commission, and no work shall be oer•for•med until a public hearing has been held and an Order 01 Conditions issued to regulate the said work . Tile parson in of the prarerty , his agents and permittees :,nd all other pc-os,�ns shall take all r:'a son 1 stens to prevent unlawful activity on the site. Unlawful activity will result in the issuance of a "Cease and Desist Cider" . 1 S,M;ll BY DBLIY"r.RY ccz Building Inspector L/ 4 M(: 251, iM TCt VINCE TUWOt .CC9MV&T= CCHIMSICK nOM BOM CP APPEALS r This memo is to confirm telsplan► oonvereattca 0 today regarding COIN ► Avea046. f� Inc. earth'remaval operation ca "Lots A A D,1 Hillside;Rdi 3(bahixsd Frank 1'ra® 1s) Ona brook that runs thread°this Di' Y•, As agreedw you. will viiew the site and make comments/reoommendatiams `tv ftAmi Wp iXme,2$, 1979. Gilda Blaokstook, J �et°e3fyAs L P c:OA'SI;It� q•I.101\ C01VUHISSION NORTH A\D0VFR, 'X1ASSAC.UU8E rS 01845- 'Fill *r} aORT� � r • � r: A.wn7n •� r is less e ttttt�� Mr. Ibrahaim El -Hefni �� 1665 Great Pond Road 71P North Andover, MA 01845 RE : (a ) Filling of North Andover Conservation Land (b) Violation of Wetlands Protection Act Dear Mr. E1 -Hefni : You attended the August 2 , 1978 meeting of the Conservation Commission , to discuss your filling of Town conservation land and violation of the Wet- lands Protection Act in the vicinity of Rao s Pond. During that meeting you agreed to remove all " fill " and debris you have placed on Town Land and return .the site , to its original contours , In addition , you agreed to rep.l'ace all vegatation , including trees , which were destroyed. This letter is a request that you comply with that verbal agreement by first ; responding in written form to the Conservation Commission stating that you agree to return the site to its original contours ; and then proceed to do the necessary work to accomplish that task . In addition you will take all possible means to insure that no further vegetation is damaged or destroyed and you will meet with representatives of the Conservation Commission. , before any work is done , to discuss the methods and manner in which the site will be returned to its original contours . The final approval of the site will be given by the Conservation Commission' with the assistance of the Board of Public Works and the Building Inspector - The Town Zoning Officer. This request does not release you from the requirements of all other applicable laws and regulations . In particular, we suggest that you may be in violation of the new Town Watershed Zoning ByLaw since your activity has taken place within 250 feet of Lake Ctochichewick . Because of this , we will not allow any work to proceed , with regards to this request, until such time that the Zoning Officer indicates to the Conservation Commission that there is no zoning violation . You are further reminded that you have received a "Cease and Desist Order" from the Conservation Commission because of your violation of the Wetlands Protection Act (MGL Chap . 131 , Sec . 40 as amended) . Thus , any site alteration within one-hundred ( 100) feet of any• wetland, including the bank of Lake Cochichewick and Rae ' s Pond, will require a filing of a "Notice of Intent" . This law and pertinent regulations will be strictly enforced by the Conserva- tion Commission . Your early attention and response to this matter is requested. f Respectfully , VST : ldm Vincent S . Turano, Ph . D. Chairman North Andover Conservation Commisssion cc : Building Inspector Board. of Public Works Board of Selectmen Town Counsel Planning Board Board of Appeals a r A CONSERVATION COMMISSION TOWN OF NORTH ANDOVER NOTICE OF PUBLIC HERRING UNDER G.L.Ch.131,s.40 TO: North Andover Board of Appeals RE: NOTICE OF INTENT AND PLANS DATED Feb. 28. LT5 ree+a March 4; 1978 APPLICANT:Roman Catholic Arehbishon of -DoQ, - Qfzng LOCUS : ilaverr Road. North Andover FILE NO: 242-9 A Public Hearing will be held pursuant to the provisions of They Wetlands Protection Act, G.L.Ch. 131, s.40, on Marc],,,aq _1197 , at 8_P.M. at Fire StationBee tiM Roo, Main Street North Andover on the Notice of Intent of Roman Catho ia_tghbiolo-p of Bos .on - planning Office for Urban Affairs, 7 Marshall Street, Boston, Mass. Proposed Activity : to alter land off kJAyerjy. dor eonstruc},ion of 230 units BY: Mrs. Patrici CR Trombl y title. Chaff �_ M date Marc_ , 1975 march 13, 1915 Xret Ntria C. Trambly, is�orraa Ca erMtia% Commission T Baildi North Andove , Yhosaobu Dear Mrs In reply to your not of a a the Arandicaeee, O 1Parah i9, *11M Board of Appeals wishes t itis oott that XWi4h 29v 197 the oemprobeasive permit requested by the P ng Office rban irs was denied* To the Board's knowledge at this , the matt has n ovorrulod by tho Housing Appeals Co.- mittee and the 's'deo i ` 1 ding. For your informtion, we enol'ose a of the 'e decision and 'pages 7, B, and 9 of the "btfef filed by Tom m behal P the Board ta'the Roaming AppealsCommitt*e, Should you have st an t torr pleas* reel tree to oontaat the Board. Very i yours, BQW A i±. Priselle, Via* chairman AM& fto1, (z) ` THE COMMONWEALTH OF. MASSACHUSETTS ORDER WETLAND PROTECTION ACT G.L.c.131 s.40 FILE NUMBER: 242-9 PROJECT LOCATION: North Andover, Planning Office for Urban Affairs Waverly Road TO: 7 Marshall Street CERT. MAIL NOs/35-ys,VZ Boston, Ma. 02108 RE: NOTICE OF INTENT AND PLANS DATED: 2/28/75 DATE 'OF RECEIPT'BY ., DATE OF PUHLIC HEARING: 3/19/7$ CONSERVATION COMMISSION: 3/3/75, Pursuant to the authority of G.L. c. 131 s. 40, the North Andover Conrervataon 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 of the interests described in the said act. The North 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 deemed 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, .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 Natural Resources has elapsed. 30 4 CONDITIONS CONTINUED PAGE 2 FILE NO. 242-9 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 is 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, "Massachusetts Department of Natural Resources, File Number 242-9 . 10. 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. 11. The work shall conform to the following described plans fid` except as herein noted: Notice of Intent (book form) dated February 28, 1975 and Plans entitled: 1. Natural Drainage Paths as shown on UZS.G.S. Map -1966. Planning Office for Urban Affairs, dated Feb. 20, 1975. 2. After development of Heritage Green - 1967- Goody, Clancy and Asso., dated June 6, 1974, revised Feb. 19, 1975• 3. R.C.A.B. Proposal. Goody, Clancy and Asso., Dated June 6, 1974, revised Feb. 19> 1975- 4. Drainage and Utility Plans. Goody, Clancy and Asso., dated June 61 1974. 5. Proposed Drainage Design. Hayes Engineering, Inc., dated Jan. 2, 1975, revised Feb. 20, 1975• 12. To insure adequate protection against flooding of the Locus, the Main Drainage Lines listed on Plans Number 4 & 5 as "proposed 24 in. R.C. drain" and "proposed 30 in. R.C. drain" shall be increased to 30 in. R.C. drains and`36 in. R.C. drains respect— ively. 13. Approval of all plans, locations, and specifications of any new culverts which will extend under Vlaverly Rd. must be obtained from the North Andover Highway Surveyor prior to any construction. 14. At Point F indicated on Plan 5 as the final discharge point of the proposed 30 in. drainage line, drainage easements must be obtained from the owners of the land upon which the water will discharge. These easements shall be recorded with the respec- tive deeds in the Essex County North Registry of Deeds and a copy shall be furnished to the North Andover Conservation Commission showing book and page. No construction on any part of the site may take place until these easements are obtained. 15. The drainage spillway at discharge point F as shown on Pian 5 shall be rip-rapped in accordance with good engineering practices. 31 - Conditions Continued Page -2A— File No. 242-9 16. Due to the steep grade and potential flooding hazard, the proposed roadway at the Waverly Road entrance and for 360 feet into the site along said roadway shall be constructed as follows; A. The road will be constructed with a crown and graded so that storm water will be directed to the sides. B. French drains will be constructed along both sides of the roadway for a distance of 360 feet into the site from Waverly Road. C. Two,-additional catch basins shall be installed, one on each side of the roadway, at a distance of approximately 150 feet from Waverly Road, D. Slopes on either side of the proposed roadway for the first 360 feet from Waverly Road shall be graded and planted with appropriate vegetation such that there will be no erosion. This treatment shall be during and after construction. 17. Any modifications of the proposed plans and/or the conditions of this permit shall be submitted to the North Andover Conservation Commission for reconsideration prior to any construction. a t CONDITIONS CONTINUED PAGE 3 FILE NO. 242. 9 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 request is made in writing and by certified mail to the Department of Natural Resources within ten (10) days from the issuance of this order. ISSUED BY No. Andover Conservation Commission DATE: April 7, 1975 l' On this day of /�'' ' 19W , before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. My commission ,expires: I 32 CONSERVATION COMMISSION NORTH ANDOVER, MASSACHUSETTS 01845 1, 4k (Jt OCROT'�'':S;�l CHSg MAY 5, 1975 File No: 242-9 Planning Office for Urban Affairs, Inc. Waverly Road Project The Planning Office has appealed the Conservation Commission's Order of Conditions to the Department of Natural Resources. An on-site inspection has been scheduled by that department for Friday, May 9, 1975► at- 2:30 P. S. on Waverly Road. It is suggested that anyone wishing to make comments to the Department regarding this project attend this inspection. Please feel free to contact Mrs. Trombly at 687-7570 if you have any questions. F Mrs. Patrioia. Co Trombly Chairman PCT:gb CONSERVA'1TIOjN COMMISSION NORTH ANDOVER, MASSACHUBMTS 01848 �s AAA ori•-,AoFt MNILM ir9 y., isss.:•• June 1, 1975 �aciiu} Dear Mr. Chairman: As you are well aware, the Campion Hall issue has generated a tremendous public interest and concern regarding the future of Lake Coehiehewick and its surrounding watershed. At the recent Town Meeting, the voters unanimously endorsed the formation of a Study Committee to investigate all possible methods of conserving this vital natural resource. Any action implemented as a result of this Committee's activities will most certainly have a long-range impact on the Town ix terms of future development, recreation, health, and taxes. Realizing this, the Committee hopes to keep all public officials advised of its progress and to rely on the various town boards for help in their respective areas of expertise. Many aspects of the study are new to North` Andover - conservancy zoning, conservation restrictions, land trusts, etc. The Study Committee has invited Attorney Alexandra Dawson of the Conservation Law Foundation and Mr. Gordon Abbott of the Trustees of Reservations to speak to the Committee and other town officials on preserving or controling land without outright purchase. This meeting has been set for 8 PM on Tuesday, June 17, 1975 at the Merrimack Valley Textile Museum. Coffee will be served from 7:30 PM. 4 Because the Lake Cochichewick Study Committee is relying on your help, we hope that you and your board will attend this meeting. Ve truly yours, Mrs. Patricia Tromb Mr. Gayton Osgood ��6"!Il/lll,B1720f�GUT/C�i e.i�%LllddG�.�,�GlldBtfd� oLeve�ll �a�fanafic" �ru�n�. �.vexn»ie�al 7�zle� OFFICE OF THE DIRECTOR OIVI91ON OF WATER RE{OURCE{ October 30, 1974 Patricia C. Trombly, Chairman North Andover ,Eonservation Commission Town Hall North Andover, Massachusetts 0 845 Re: File No. P-1047 P( ;75a,u 'S ".90E- I- p/ T Dear Mrs. Trombly: Our records indicate that there has never been an Order of Conditions issued on this filing. It appears that the applicant never filed a Notice of Intent j with the Board of Selectmen, a requisite under the law as it existed at that time. By letter of February 24, 1970, the Chairman of the Board of Selectmen requested such a filing from the applicant, so that a public hearing could be held. No recommendation was ever received from the town, no notice of public hearing or notification that a filing had ever been made. , It would seem that .if work is now being contemplated in this area that a new filing should be made under the provisions of G.L. c. 131, s.40 as amended by c.818. Sincerely, Charles F. Kennedy Director & Chief En neer . CFK:wc/rd