HomeMy WebLinkAboutConsultant Review - 11 BEAR HILL ROAD 10/13/1983 DEDE File No.
(To be provided by DEDE)
SNT.
Commonwealth
of Massachusett Applicant
Locatioxz : Lot 1 r,e � dill
Order of Conditions
Massachusetts Wetlands Protection ,pct
"j— c. d 31 , §40
and under the Tots • of North Paz over ByLaw, Chapter 3. 5 A & B
_IS_l Val- --I
From o ,c!-,
., r .. s h _ Z°� - xy 9 - Zachary ReLLIty CO-EIP. of Na,
To B .��r ,zee rlo���e•.:y y �achv_�' ID Lc.m
Name of Applicant) ( tme.of roperty owner)
69 I rngston Roan. : e 0_i �j.\T(:'L
H- nps� -ire Ii` eel' i 1l, iu� 01830'
FlaistoW f New
Address n 3 S c Address
This Order is issued and delivered as follows:
❑ Eby hand delivery to applicant or representative on
(date)
0 by certified mail, return receipt requested
? (date)
This project is located a
The property is recorded at the Registry of North Es Se"
Boos 10 Page 1 C
Certificate (if registered)
The Notice of Intent-for this project was filed on Set)te. fiber 20, 1983 (date)
The public hearing was closed on 5e:ptember 28, 1 r S 3 (date)
Findings
The No-. th An, nVer Co-,,-)_s er vo,t i0y, Cor-1 rl a 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
TT�x('C at this time, the 1' ,C 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
Act(check as appropriate):
❑ Public water supply Z) Storm damage prevention
• Private water supply ❑ Prevention of pollution'
• Ground water supply "O Land containing shellfish
N Flood control ❑ Fisheries
Therefore,the North Pndo\, `r Conservat oft- Ccheeeby finds the ,the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations,to protect those inter-
ests checked above.The H ACC 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 all conditions stated 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 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;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 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 of the Order.
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. r
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."
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 ^?A
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 Quality Engineering,
File Number 242-212
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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 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 special conditions:
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ORDER OF CONDITIONS : LOT 1 Bear Hill 262-212
a. Notice of intent suVitteV by Desll -= Hopes- by Lachary,
Inc. dated September 19, 1983, nine (9) sheets .
b. Plan entitled "Notice of Intent, Site Elan of Land on
Lot I 3ear Hill prepared for Desi,ner Haaes by Zachary,
Inc. prepared by Richard F. Kaminski & Associates , Inc.
Mte& September 9, 1083. One (1) sheet. Labeled EN-1,
revised September 30, 1983.
13. This Order of Conditims is in addition to the Order of
Conditions issued by the North Andover ConservMon Commission
under File No. 242-158.
14. No work shall begin in the development of this lot until the
drainage facilities and utilities r2�uirej by tie Crier of
Conditions under File 242-158 are
15 . A row of staked hay bales Shall he placed between all constructio-,
areas and wetland areas . This row of hay bales shall remain intact
until all disturbed areas have been mulched, seeded and stabilized
to prevent erosion.
16. All Msturbed areas shall be graiei, loa"ei and seeded to
provide restabilination of disturbei Lreas . After restabilinationp
hay bales shall be removed ani sedimentation shall be removed
from areas of accumulation.
17. All erosion prevention and sedl=tation protection measures
found necessary during construction by the !\ortln i%-ndover
Conservation CD:=ission will be implemented at the direction
Of the RACC or HQhnay Surveyor.
19 . ,.I--,,y c%,anjes in the suhnitted plans , Notice of intent, or
resulting fron M aforementioned co741tions must be sub-
mitted to the MCC for approval prior to implementation.
if the MCC findsp by majority vote, 3ala clan2es to be
significant and/or deviate from the criginal plans , Notice
of Intent or this Order of Conditions to such an eNtent that
the interests of the Wetlands Protection Act cnonot be pro-
tected by this Order of ConSitions ane -ould best be serv2d'
by the iSSULnce of adlitional conditiors , then the NACC "ill
call for another public hearing 7ithin 21 Mys , at the cxnense
of the applicant, in order to take testimony from all inthrestad
F arties . Within 21 days of the close of said public hearirl,
the HACC will issue an, amended or now Vier of Conditions .
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ORDEL OF CONDITIONS : Lot 1 War Hill 242-212
19. Any errcrs found in the plans or inforAation subwitM by the
applicant shall be considered as c%anges and prodeMes out-
lined for changes shall be fo!Wel.
20. The provisions of this Order shall apply to and be bindiq;
upon the applicant, its employees , and all successors and
assigns in interest or control.
21. Prior to the issuance of a Certificate of Conpliance, the
applicant shall submit a letter to the Conservation Co"iission
Liam a registered professional engineer certifying th"L le
work is in compliance with the plans referenced above and
the conditions stated above .
22. henbers of the NACC shall have tne 061t to eMer upon cn,:
inspect the premises to evaluate compliance with Lhis Order
of Conditions .
23. Accepted engineering and construction standards ane procedures
shall- be followed in the coutpletion of the project.
24. issuance of these conditions does not in any way Eyly or
certify that t%e site or clo,,;-nstream areas will not W subject
to flooding, storm damage, or any ot%er form of dann,c due
to wetness .
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•242-212
Issued By `vo _t?z ��ndover Conservation Commission
Signatures)
1 '
i
This Order must be signed by a majority of the Conservation Commission.
On this day of October 19 P33. , before me
personally appeared Ao7 tiioiw Gah7agiia , tome known to be the
person described in and who executed the foregoing Instrument and acknowledged that he/she executed
• i.
the same as his/her free act and deed. j
Notary Public My commission expires
I
The applicant,the owner,any P erson 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 Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to
the Department within ten 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.
I
i
Detach on dotted line and Submit to the prior to commencement of work.
......................................................................................................................._.._......................................._.........................................
_.
To Usuing.Authority I
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
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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 this transaction is
If registered land, the document number which identifies this transacf9on is
I
Signature Applicant
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