HomeMy WebLinkAboutConservation Permit # 7/2/1985 i 'oE File No. �
�* (To be provided by DEOE)
Commonwealth CityfTown '-o r th Andove r
Of Massachusetts Applicant J_ames McAloon
:dill Toy-n Trust
Order of Conditions
Massachusetts Wetlands Protection Act
-- G.L. c. 131,.§4.0_
and under the- Town' of North Andover Bylaw,- Chapter 3.5 A-& 5'
From Iorfh Andover Conservti_on Cor.?rliss _ort�_4 a _ - - d
Jarawf4 :Ic:=.loon - -fill ToT,n Tr,_!st
To -
- (Name of Applicant) (Na ne of property owner)
74 HQtvitt hve a-e
Address
Borth Andover, 01845 Address
. sa_,ie
This Order is issued and delivered as follows:
Ju i y 2 . 1995 (date)
J
!by hand delivery to applicant or representative on
❑ by certified mail,return receipt requested on (date)
Lots 3 k [:
This project is located at --- - —
The property is recorded at the Registry of i i`�r , L"P'' -
Book 1 r'3' Page 16
Certificate(if registered)
J,,.-i, ,
The Notice of Intent for this project was filed on (date)
The public hearing was closed on T , n ? (date)
Findings ,
The i1r.CC 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
at this time, the —has determined that
the area on which the proposed work is to be done is significant►+1 the ioliowing Interests In accordance with
the Presumptions of Significance set forth in the regulations for each A. na Subject to Protection Under the
Act(check as appropriate):
Public water supply ? Storm damage prevention
:❑ Private water supply 0 Prevention of pollution'
- El Ground water supply ❑ Land containing shellfish
Flood control 0 Fisheries
O G
asLe 242-272
-{ 95 -
hereby finds that the following conditions are
y{C�V
protect Therefore,the
essary,in accordance with the performa�Ce Standards set torth in the dare libel alt work shat!b®hperf'orrned
ests checked aboveffh®
{n
accordance with said conditions and with the Notice of intent referenced proposals submitted with lthe tNotice -above.To the extent
lowing conditions modify or differ from the plans, specifications°
of intent,the conditions shall control.
Gonml Conditions - meas-
and with all relatF)d statutes and other regulatory
1. Failure to cos deemtedaicausedttooevokeormodify this Order.
herein,
ures,shall b
s not rant any property rights or any exclusive pri vi{eyes;it does not authorize any in1�Y
2, This Order doe 9 •`
to private property or invasion of private rights. with 0 '
Order does not relieve the permittee or any oilier person of tt�s orcregula ions°'mpiyin9
_- 3• This Ord law
other applicable federal, state or local statutes, ordinances,by"
work authorized hereunder shalt be completed within three yeS�from the data of this Order unlace
4. Ilia .
either of the following apply:
(a)
the work is a maintenance dredging project,as provided d in the Act;or
b the time for completion has been extended to a at specified date the special circumstances bw�anting
five years,from the date of issuance and both that
the extended time period are set forth in this Order. ears each
the issuing authority for one or more periods of up to three y
5• This Order may be extended by rior to the expiration date of the Order,
upon application to the issuing authority at least 30 days p a_ n®trash,refuse,rubbish or de•
6. Any fill used in connection with this project shall be clean till,con aver, cardboard, pipe, tires,ashes,
bris,including but not limited to lumber,bricks, plaster,wire,lath, p
refrigerators,motor vehicles or parts of any of the foregoing•
eal periods From this Order have elapse)or,if
7. No work shall be undertaken until all administrative app p Department have been completed.
such an appeal has been filed, until all proceedings s ore the prded in of Deeds or the Land
S. No work shall be undertaken until the Final Orderwith the chain of itietof the aft�ed property•in the
Court for the district in which the land is located, i 's Grantor index under the name
case of recorded land,the Final Order shall also be noted in the Reg stry stared Land,the
of the owner of the land upon which the proposed work Is to
of Title of In
the owner offthe land upon which
Final Order shall also be noted on the Land Court Certificate
the proposed work is to be done.The recording informatL+a i of the work.miffed to the
on the form at the end of this Order prior to Commenceme
at the site not Less than two square feet or-more than thee-e square feet in size
'
g. A sign shall be displayed ry y
the words,"Massachusetts Department of Environments!Ouali En9
bearing , 7
File Number
�s requested to make a determination and
p•Where the Department of Environmental Quality Engineering' to all agency proceedings
to issue a Superseding Order, the Conservation Commission shall be a party
and hearings before the Department.
an
1 1. Upon completion of the work described herein,
the applict shall forthwith request in writing that a
has been sa
Certificate of Compliance be issued stating that the work tstactorily completed.
12.The work shall cynform to the following plans and special conditions:
t
5-2
ORDER OF CONDITIONS : Lots 3 & 4 Foster Street
242-272
The NACC also finds that the proposed work would impact the following
resource areas :
Buffer Lone
Bank
Bordering Vegetated Wetlands
Land Under ';rater Body & Waterway
Bordering Land Subject to Flooding
12. a. Notice of Intent of JameE ,- cAloon - i,lill ToT.,rn Trust/
dated: 6-1-35/prepared by Richard F. :,aminsk &- Assoc.
Inc. /thirteen (13) pages . (including drain, calculations .
3 pales) .
b. plan titled "notice of Inten& ( for lots 3 & 4)/prepared
for James AcAloo^/y:�epared by Richard 2. Ka1_,i��s .i L Assoc.
Inc. /dared 5-16-35/revised 5-23-85, 6-12-35 & 6-13-85/
one (1) sheet.
13 . The proposed driveway crossing(s ) , of the identified =,• etlands ,
on lot 3 and/or lot 4, shall be confined to a total area 20 '
wide, within the wetland areas . This area shall include all
work from the toe of the slope on one side or the proposed
driveway, to the toe of C'C'!e slope on the opposite Me of the
proposed driveway. This 20' wide area shall be defined,
identified with stakes in the field, and approved in r,tri tin3
by the NACC prior to any work being done within 25 ' of identified
wetland rheas . Prior to construction, a plan showing the
proposed location and design of the driveway as re uired in
the condition above_, shall be provided Lo the NACC for approval .
14. Prior to any work within 25 ' of any wetland area, a row oF
i_a. .ed hay ..)ales shall be pl cnd aL o td Both sides the pLODOJ e
driveway(s) . On the northerly i'ly side of the T.-Mend crossir3, i" , e
row of hav bales shall extend ?`o l the e ed, K the wet" tan.__ ,
to thi 13h ' conLour interval, On M tluthe rly � 1_ �: of � e
z. J
nntland crossin3, the hay ' al?_nZ :;:!:ai )e_ )lacE-a :1 s 1Y'
�<<.-) , On
the plan referenced in condition 1 2b.
15 . in the stream channel, a shay bate/filter Fabric sedime_nhat_t-n?i
l established, ed
ci,ec�' �3arn shall be - ��(•,�.strea(n of the r?-!� ! ) )
wetland crossing, prior to any work being done For said wetland
ancj
crossi Z. This check dam shall be contiguous with the re ,ui_red
hay baling as noted in condition 14.
16 . All hay baiin3, including the sF'<_7 rent Lion check dam, re Muir d
in conditions 14 L 15, shall be completed, and approved in
writing, by the NACC, prior to any site preparation or construction
on lots 3 and/or 4.
3 -
ORDER OF CONDITIONS : Lots 3 & 4 Foster Street
242-272
17. The proposed culverts will be designed and installed so as
to maintain existing field invert elevations . The increase
in the rate of rumoTi from lots 3 & 4 shall be 0% for the
50 year event, and the lesser events as well .
10 . Compensatory wetland area shall 5e provided to replace that
-atland 3roa displaced by the proposed drl_vei.vay(s) crossing.
This compensatory wetland area s hall be replaced on lots 3
& 4, prior to the construction of the crossing. Said com-
pensatory wetlands shall conform to the criteria established
in 310 02 10. 55 (4) (b- ) 1-7.
19. 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 .
2?. Prior to the issuance of a Certi 'icate of Compliance, the
applicant shall submit a letter to tote Conservation Commission
from a registered professional engineer corti fyin- that the
work is in compliance with the plans referenced above and
the conditions Ta ted above.
21 . Aembers of the NACC shall have the riSht to enter upon and
Upsect to premises to evaluate compliance Wig h this Order
of Conditions ,
22 . Accepted engineering and construction standards and procedures
shall he followed in the completion of the project.
23. Issuance of tHese conditions ,foes not in any way imply or
ce_tify that the site or dw,nstream areas will not be subject
to flooding, storm damage, or any other Form of damage due
to wetness .
2.4. y surety performance bond or letter oil credit running to t'Ze
Town of North ,.ndovF?r shall be provi0d in the amount of §2, 5nn.
which shall be in all respects vatisfaetory to To��m Counsel and
the worth Andover Conservation Co,-,:mission and shall be posted
with the Treasurer of the Town of north Andover before coralencement
of work. Said bond or letter of credit shall conditioned on the
completion of all conditions hereof, shall he signed by a party
or parties satisfactory to the Conservation Commission and Tov,n
Counsel , and shall be released after completion of the project,
provided that -provision, satisfactory to the Corr:iission, has
Seen made for performance of any conditions which are of con-
tinuing nature.
4
ORDER OF CONDITiONK Lots 3 & 4 Foster Street
242®272
M . Upon completion of constriction and grading, all areas small
be stabilized permanently .against erosion. This shall be
done either by sodding, mulching according to Soil Conservation
Service standards , or by loamin and seeding. If the latter
course is chosen, stabi 1 i . at•.i on will be co?`?si_r'ereC! once 0e,
surface shows complete veg a t ati '� e cover has been achieved.
All erosion prevention and sedimentation protection ":eaau.r_s
found necessary dilring construction by the North Andover
Conservation Co::1lission will be impleaented at the direction
of the NACC or Highway Surveyor.
7 . Any changes in the submitted plans , ;Notice of intent, or
resulting from the afore Bent o':ed coed Ltion , mist oe sub-
mitted to the NACC for approval prior to implementation.
if the NACC finds , by majority vote, said c'� an,es to be
significant deviate from the original plans , Notice
of Intent or this Order of Conditions to such an entent that
the interests of the Wetlands is lrotection Act cannot be pro-
tected by this Order of Conditions and would best be served
by the issuance of additional conditions , then the `ACC will
call for another public hearing within 21 days , at the
expense of the apjlicant, in order to tca_:e testinony from 11
interested parties . Within 21 days of the close of said >ublic
hearing, the NACC will issue an amended or new Order of Conditions ,
28 . Any errors found in the glans or information submitted by the
applicant shall be considered as changes and procedures outlined
for changes shall be followed.
r
242-2?2
Issued By Nor th And,over Conservation Commission
Signature(s)
I.)
This Or or must be signed by a majority of the Conservation Commission.
On this 2r` _. day of `7 19 ' 3 before me
,t1. i i eL :o Vi cans r
persena�ly appeared___ to me renown to be the
person 4}:'cribed in and who executed the foregoing Instrument and acknowledged that he/she executed
tfi $amp�ts!} er.free act and deed.
CZ
Notes�y Public tyty commission expires
1 he applir inl rah'd'owner,any perse i 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 -.ity or town in which such land is located are hereby notified of their right to request the Department
of Environmental Quality Englneering to issue a Superseding Order,providing the request is made by cer',ified mail or hand delivery to
the Department within ten days frorr he 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 Conserv:allon Commission and the applicant.
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