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4Q 0,h4R 10.99 I
Form 5 DEP Fb No. 242-521
(to be brwWeo by DEP)
Commonwealth City,Town North Andover f
of Massachusetts Ted Phelan
ADDhcant
Lot 29A Laconia Circle
Order of Conditions
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Massachusetts Wetlands Protection Act
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G.L. c. 131 , §40
and under the Town of North Andover's Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATION COMMISSION
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To Ted Phelan SAME
(Name of Applicant) (Name of property owner)
Address 60 Island St. , Lawrence, MA Address SAME
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on Idate)
"J by certified mail. return receipt requested on (date)
This project is located at Lot 29A Laconia Circle
The property is recorded at the Registry of Nortbprn RQePX
Book 2123 Page 77
Certificate(if registered)
The Notice of Intent for this project was filed on November 22, 1989 _ (date)
The public hearing was closed on November 29 1989 Idate)
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 avallaote 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 regulations for each Area Subject to Protection Under the
AV, as appropriate): �/
Public water supply ® Flood control ❑/ land containing shellfish
Private water supply Storm damage prevention L�"J/ Fisheries
Ground water supply Fk Prevention of pollution Protection of wildlife habitat
Total Fling Fee Submitted $250.00 State Share $112.50
City/Town Share 137.50 (V_ fee in excess of S25)
Total Refund Due S city/Town Portion S State Portion S
(1/7. total) (1/2 total)
Effective 11/10/89 5.1
4242-521 Lot 29A Laconia 2
Therefore, the North Andover Conservation Commission hereby finds
that the following conditions are necessary, in accordance with
the Performance Standards set forth in the State Regulations and
the requirements of the Town ByLaw, to protect those interests
checked above. The North Andover Conservation Commission
(hereafter the "NACC") 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 following 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 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 or regulations.
4. The work authorized hereunder shall be completed within three
years from the date of this Order unless either of the following
apply:
(a) the work is a maintenance dredging project as provided
for in the Act and/or the Town ByLaw;
(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 date 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 to three years each upon application to the
issuing authority at least 30 days prior to the expiration date
iof the Order.
6. Any fill used in connection with this project shall be clean
fill, containing no trash, refuse rubbish or debris, 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.
7. No work shall be undertaken until all administrative appeal
periods from this Order have elapsed or, if such an appeal has
been filed, until all proceedings before the Department have been
completed.
#242-521 Lot 29A Laconia 3
S. 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 North
Andover Conservation Commission 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 less than two
square feet or more than three square feet in size bearing the
words, "Massachusetts Department of Environmental Protection,
File Number 242-521" .
10. Where the Department of Environmental Quality Engineering 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.
11. Upon completion of the work described herein, the applicant
shall 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/documents:
(a) Notice of Intent submitted by Ted Phelan, 60 Island, Lawrence
MA, Prepared by Thomas E. Neve Associates, 447 Boston Street,
Topsfield MA, dated November 20, 1989 and received by the NACC on
November 20, 1989 .
(b) Plans entitled "Sanitary Disposal System", designed for Ted
Phelan - "Equestrian Estates" by Thomas E. Neve Associates and
dated March 10, 1985, revised November 10, 1989.
13 . The following wetland resource area is within the 100' buffer
zone of the proposed work: 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 recreational interests of the Bylaw. The
applicant has not attempted to overcome the presumption of
significance of these resource areas to the identified interests.
14. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
November 10, 1989 .
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'#242-521 Lot 29A Laconia 4
15. This Order of Conditions is issued in addition to those
issued under File No. 242-257 Equestrian Estates. The owner must
request a Certificate of Compliance from both files upon
completion of this house construction. Also, this lot was the
subject of 2 past Requests for Determination. One (a negative)
has expired and is no longer valid. The most recent
determination was positive and resulted in the filing of this
notice of intent.
PERFORMANCE-& DESIGN STANDARDS
16. The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site to construct a single family
dwelling will cause further alteration of the wetland resource
areas during the construction activities. In order to prevent
any alteration of wetland resource areas beyond those proposed in
the Notice of Intent and approved herein, a fifteen (15) foot no-
cut zone and a twenty-five (25) foot no-construction zone shall
be established from the edge of the adjacent wetland resource
areas.
17. No earthen embankment in the buffer zone shall have a slope
steeper than 2 : 1. Any slopes of steeper grade shall be rip-
rapped to provide permanent stabilization.
CHANGES
18 . 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
said changes to be significant, the NACC will call for another
public hearing (at the expense of the applicant) . 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.
, RESIDENTIAL LOT DEVELOPMENT
19 . The NACC shall be notified in writing of any lot line or
number changes with a copy of a plan showing these changes prior
to any work on these lots.
20. Utilities shall not be constructed as to pass under or
through any wetland resource areas on site except as approved
under any future filings.
#242-521 Lot 29A Laconia 5
CONSTRUCTION
21. The applicant shall contact the Conservation Office prior to
;site preparation or construction and shall arrange an on-site
conference with an NACC representative, the contractor and the
!applicant to ensure that all of the Conditions of this Order are
understood. This Order also shall be made a part of the
contractor's written contract. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
ensure compliance with this Order.
22. Prior to any activity on site, the applicant shall submit a
construction schedule/sequence to the NACC detailing the proposed
sequence of work on site to complete this project.
23 . The applicant shall submit, to the NACC, a written progress
report every 6 months detailing what work has been done in or
near resource areas, and what work is anticipated to be done over
the next period. This will update the construction sequence
listed above.
24. Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
required erosion control measures between construction activity
and wetland resource areas can be properly placed.
25. Prior to any activity on the site, a filter fabric fence
backed by a single row of staked hay bales shall be placed
between all construction areas and wetland areas per Soil
Conservation Service or D.E.P. standards. This barrier will be
placed as indicated in the plans dated Nov. 10, 1989 except that
it will, at all locations, be at least 15 feet upland from the
wetland edge. This siltation barrier shall be inspected and
,approved by the NACC prior to the start of construction and shall
remain intact until all disturbed areas have been mulched,
seeded, and stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary
during construction by the NACC shall be implemented at the
direction of the NACC.
26. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 25 hay bales
W 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.
27 . Upon completion of construction and grading, all disturbed
areas located outside resource areas shall be stabilized
permanently a erosion. This shall be done either b
P Y ainst g Y
sodding, or by loaming, seeding, and mulching according to Soil
Conservation Service standards. If the latter course is chosen,
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#242-521 Lot 29A Laconia 6
stabilization will be considered once complete vegetative cover
has been achieved.
28 . No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
29. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
30. During and after work on this project, there shall be no
discharge or spillage of fuel, or other pollutants into
any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be
notified by the applicant as soon as practical. No construction
vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
31. Washings from concrete trucks, or surplus concrete, shall not
be directed to, or dumped in, any drainage system or wetland
resource area.
32 . 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 or disposal of waste 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.
33 . Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
OTHER CONDITIONS
34 . Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
35. Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage.
36. No underground storage of fuel oils shall be allowed on any
lot within one-hundred (100) feet of any wetland resource area.
This Condition shall survive this Order of Conditions, and shall
run with the title of the property. This condition is issued
under the authority of the Town of North Andover's Wetland
Protection ByLaw.
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#242-521 Lot 29A Laconia 7
'37. 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 within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town of North Andover's Wetland
,Protection ByLaw.
38 . The conditions of this decision shall apply to, and be
,binding upon, the applicant, its employees and all successors and
assigns in interest or control
39. A proper bond or a deposit of money or negotiable securities
running to the Town of North Andover shall be provided in the
amount of $2,000. 00 which shall be in all respects satisfactory
to Town Counsel, Town Treasurer, and the NACC, and shall be
posted with the North Andover Town Treasurer 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
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 continuing nature.
The applicant may propose a bond release schedule keyed to
completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the
authority of the Town of North Andover's Wetlands Protection
Bylaw.
40. In addition to the requirements of Conditions No. 11, the
applicant shall submit a letter to the NACC from a Registered
Professional Civil Engineer or Land Surveyor, certifying
compliance with this order of Conditions and the approved plans
referenced herein (or approved revisions) .
41. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
30. Discharge or spillage of pollutants.
36. Prohibition of storage of fuels underground.
37. Limitations on the use of fertilizers, herbicides
and pesticides.
D.E.P. #242-521 Lot 29A Laconia Circle
Issued By NORTH AND q Conservation Commission
Signatures)
This Order must be signed by a majority of the Conservation Commission.
On this 13th day of December 19 89 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
as
s as his/her fr ct d deed.
September 9, 1994
ublic 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 Department of
Environmental Ouality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the
Department,with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within len days from the date of
Issuance of this Order.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.
..................................................................................................................................................................................................................
Ta Issuing Authority
Please be advised that the Order of Conditions for the project at Lot 29A Laconia Circle
File Number 242 has been recorded at the Registry of Deeds and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on . 19._
it recorded land, the instrument number which identifies Ibis transaction is
If registered land,the document number which identifies this transaction is --------- - --
Signature
Signature Applicant
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