HomeMy WebLinkAboutLegal Notice - 39 HAWKINS LANE 1/4/2016 (2) J
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Form 5
DEQE File No.
4"1\ I 242-485
I—(To be provided by DEQE)
North Andover, MA _
! Commonwealth City/7own Brenda J. McDonough &
of Massachusetts Applicant
Lot 4 Hawkins Lane
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
Land under the Town of North Andover's Town Bylaw, Chapter 3.5 A&B
From North Andover Conservation Commission
Brenda J. McDonough &
To - Coleman P. McDonough Same
(Name of Applicant) (Name of property owner)
Address 4 Aspen Road, North Reading, MA Address Same
01864
This Order is issued and delivered as follows:
COX by hand delivery to applicant or,representative on Noyemh r 30. 1988,x_ (date)
❑ by certified mail, return receipt requested on (date)
This project is located at Lot 4 - Hawkins Lane, North Andover, MA 01845
The property is recorded at the Registry of Northern Essex
Book 2718 Page 84
Certificate(if registered)
The Notice of Intent for this project was filed on October 6, 1988 (date)
The public hearing was closed on November 9, 1988 (date)
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 iniormalion 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 regulations and precedent and practice under this
Towns ByLaw for each area�sub ject to protection under the Act and ByLaw:
Public water supply LN Flood control ❑ Land containing shellfish
L� Private water supply Storm damage prevention LV Fisheries
Ground water supply Ed/ Prevention of pollution [SY Protection of wildlife habitat
5-1
242— 485
Therefore; the NACC hereby finds that the following conditions are
necessary, in accordance,with the Performance Standards sot forth in the regulations, to protect those inter- ..
•ests checked above. The N/aCC orders that all work shall be performed j
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'condilions staled herein, and wilh sill related statutes and other regulatory meas-
ures, shall be dcomed cause to revolve or rnodiry,lhin Order.
2. This Order does not grant any properly rights or any cxclt)sivc privileges* it does not authorize any injury
to private property or invasion of private rights.
3, This Order does not relieve the permilteo or any other person of Iho necessity of complying with all
other applicable fedctaI slate or local slalule s, ordinonces, by-laws or regulations.
A. The work authorized hereunder shall be complete(l within three years from the dale of this Order unless
cilher of the following apply:
(a) the work is a maintenance dredging.projecl ns provided for in the Act: or
(b) the lima, for completion has been extended to 6 specified date more than three years, but less that
five years, from Ilia dale of issuance and both that dale sand.Ilia special circumstances warranting
the extended time period are,set forth in (his Order.
5,
This Order finny ba extended by Ilia Issuing imthorily for one or rnorra periods of up IrAthree years cacti
upon application to the Issuing aulhorily nl least 30 days prior to the expiration date of the Order.
G. Any fill used in connection with this project;;hall be clean fill, conlsainitig 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.
7,• No work shall be undertaken until all administrative appeal poriods.from.lbis Order have elapsed or, if
such an appeal has been filed, until all proceedings before Ilia Department have been completed.
a. 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 nogistry's Granlor Index under the name
of the owner of ttae land upon which the proposed work is to be done. In the case of registered land, the
Final Order shall also be noted on Ilia 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 less than Iwo square feet or more than three square feet in'sizo
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number 242— 485 ,
10. Where Ilia Department of Environmental Clualily Engineerino Is requested to make a determination and
to issue a Superseding Order, Ilia Conservation Commission shall be sa party to all agency proceedings
• and hearings boforo the Department.
11 . Upon completion of tho 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 Ike following plans and special conditions:
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Order of Conditions Lot 4 - Hawkins Lane DEQE #242-485
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12 . The work shall conform to the following plans and additional
conditions:
a) Abbreviated Notice of Intent of Coleman P. and Brenda J.
McDonough for Lot 4 Hawkins Lane, dated October 6, 1988,
three (3) pages.
b) "Plan to accompany Notice of Intent, ' Hawkins Lane, Lot
4, North Andover, MA, prepared by Raymond Fraser, II,
C.P. McDonough Construction Corp. , dated Sept. 29, 1988,
one (1) sheet.
13 . The following wetland resource areas are affected by the
proposed work: bordering land subject to flooding and
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
wildlife and recreation interests of the Bylaw. The
applicant has not attempted to overcome the significance of
these resource areas to the identified interests.
14 . The NACC agrees with the applicant's delineation of the
wetland resource areas at the site.
15. In advance of any work on this project the applicant shall
notify the NACC, and at the request of the NACC, shall
arrange an on-site conference among the NACC, the
contractor, and the applicant to ensure that all of the
conditions of this Order are understood. This Order shall
be made a part of the contractor's written contract.
16. 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.
17. Prior to any activity on the site, a filter fabric fence
backed by a row of staked hay bales shall be placed between
all construction areas and wetland areas per Soil
Conservation Service or DEQE standards. This barrier shall
be inspected and approved by the NACC prior to the start of
construction. This erosion barrier shall remain intact
until all disturbed areas have been mulched, seeded, and
stabilized to prevent erosion.
18 . Part of the common driveway for this lot was subject of the
original file(#242-388) for this subdivision. Before any work
begins on this lot, work on that part of the common
driveway must be completed and stabilized. Said stabilization
must be inspected and approved by the NACC prior to the start of
work on this lot.
19 . The applicant shall have on hand at the start of soil
disturbance, or stockpiling, a minimum of twenty-five (25) hay
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Order of Conditions Lot 4 - Hawkins Lane D.E.Q.E. #242-485
a es ana sut bale-a-. 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 the Erosion Control Plan submitted with the
Notice of Intent or the hay bale barrier described in Condition
#17 .
20. 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.
21. 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.
22 All erosion prevention and sedimentation protection measures
found necessary during construction by the NACC will be
implemented at the direction of the NACC.
23 , There shall be no stockpiling of soil or other materials
within 25 feet of any resource area.
24 . During and after work on this project, there shall be no
discharge or spillage of fuel, oil, or other pollutants into any
resource area.
25. 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 to
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 and would best be served by the issuance of
additional 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.
26. 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.
27 . Members of the NACC shall have the right to enter upon and
inspect the premises and to effect compliance with this Order of
Conditions.
28 . Accepted engineering and construction standards and
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Order of Conditions Lot 4 - Hawkins Lane D.E.Q.E. #242-485
procedures shall be followed in the completion of the project.
29. Prior to the issuance of a Certificate of Compliance, the
applicant shall submit a letter to the NACC from a registered
professional civil engineer certifying that the work is in
compliance with the plans referenced above and all the conditions
hereof.
30. 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.
31. 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.
32 . 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 which shall be in all respects satisfactory to
Town Counsel, Town Treasurer and the NACC, and shall be posted
with the Treasurer, of the Town of North Andover 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 a continuing
nature. This condition is issued under the authority of the Town
of North Andover Wetlands Protection Bylaw.
33 . The utilities for this project shall not be constructed as
to pass under or through any wetland resource areas on the site.
34 . No underground storage of fuel oils shall be allowed 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. .
35. 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 subdivision within 100 feet of a wetland resource
area.
36. Special Conditions No. 34 and 35 shall survive the issuance
of a Certificate of Compliance.
Lot 4 — Hawkins Lane DEQE 41242= 485
Issued By North Andover Conservation Comnlisslon
SlHnature(s)
—VdVV11 bk-
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This Order must be slgned by a majodly of 1110 Consorvallon Comlrlisslon.
01111113 22nd day of November 19' 88 , beforo No
personally appeared Jack jnrinn to me known to be the
person described In and wlto executed the foregoing Instrument and acknowl.edUed thgl he/she executed
ltie sarr as his/her free of n deed.
September 9, 1994
Nolary Public My cornrnisslort expires
The applicanl, the owner,any parson aggrlovod by Il1ls Order,ony owner of land obulllng Iho lond upon which Iho pfonosed work h to
be done many Ion resldenls of Ilse cliy or lows In which such load Is located era horoby nolifled of(heir right to request the Department
of EnWonmenle.1 Quality Engineering to Issue a Superseding Ordor,providing Iho request Is made by certified moil or hand delivery Id"
the Department wllhln ton days from the date of Issuvlce of this Order.A copy of Iho lcqu•ost 911811 at Iiro same time be sent by certified
mail or hand delivery to the Conservation Commission and Ilia applicant.
If you wish to appeal this decision under the Town By Law, a complaint must be
filed in -Superior Court.
Uslach on dolled line and submit to the NACC prior to cornmencewent of work.
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Ter ,r
ISSUing Aulhodly
Please be advised that the order of Conditions for ilia project a —'
and
File Number 242-AS5 .."s been recorded at 1110 Fleglelry of
ties been noted In ilia chain of Illle of ilia affected property In accordance with Oonoral Condition a on
II recorded tend, ilia inetrurnent number which Identifies Ihla Iraneacllon Is
II fagisleted land. Ilia documont numbor which Identities Ihts Itonsacllon Is
' --------- Applicant.
Slgn6tur a
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Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board l
on Definitive Subdivision Plan entitled: MODIFICATION OF
SALEM FOREST III I
By; George Farr dated July 27 1986
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The North Andover Planning Board has voted to APPROVE said pl , subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
division, all as provided by G.L. c. 41, S. 81-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board, no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
NOTE: This decision replaces the Planning Boards initial decision
on this definitive subdivision issued on May 6, 1987 .
The reason for this modification is to incorporate the
Board' s list of conditions into the plan as well as
address the Order .of Conditions issued by the
Conservation Commission on April 1 , 1987.
See attached conditions.
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In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan. a
The North Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
NORTH ANDOVER PLANNIIG BOARD
Date: October 22 , 1987 By: Paul A. Hedstrom, Chairman
SALEM FOREST III
CONDITIONAL APPROVAL
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4. The developer shall not place the coat ,of 61_tumindius pavement
until an interim As-Built and certification by the Design
Engineer has been submitted and approved by the Planning Board
indicating that all utilities have been installed and are
correct in accordance with the approved definitive subdivision
plans and profiles . Said certification will include as a
minimum all drainage facilities.
5 . No lot (s) or group of lots shall be released from the statutory
covenant until the binder coat of bituminous pavement has been
installed and a certification by the Design Engineer has been
submitted stating that the pavement is in the correct vertical
horizontal alignment as approved in the Definitive Plan.
6 . The Planning Board recognizes that it would be environmentally
correct in the minimizing of wetland filling and therefore
waivers the strict compliance with the Rules and Regulations
in maintaining proper side slopes . The Board will require the
applicant to increase the side slopes in the area of wetland
filling to allow for a 1 to 1 slope provided, however, that a
guard rail of acceptable standards be installed in those areas
where directed by the Division of Public Works . Said guard
rail shall be set a distance of six (6) feet from the gutter
line of the roadway and at the top of the slope and provided
further that the 1 to 1 side slope be rip-rapped for erosion
control to the satisfaction of the Division of Public Works . ,
This condition shall be incorporated and shown on the Definitive
Plans .
7 . No lots will be released from the statutory covenant until the
Conservation Commission and the Board of Health have approved
such lot construction and an Order of Conditions has been issued
by the Conservation Comission.
8 . The plans shall be revised to incorporate detail construction
specifications for proper installation of the box culverts
including, but not limited to: time and duration of installation,
dewatering, base preparation, erosion controls and wing wall
construction and will include a separate topographic at a
scale of 1" to 20 ' of the vicinity of the crossing showing
existing and proposed elevations and work with borings and
peat depth for approval by the Planning Board and the Division
of Public Works .
9 . The applicant shall provide 30 foot wide easement granted to
the Town running from Hawkins Lane to the. land of the
Commonwealth in the area between lots 2 and 3 . Said easement
will be used as a pedestrian access/egress right-of-way and
provide emergency access to the land owned by the Commonwealth,
The developer shall remove a 15 ' area wide of all natural vegetation
found within this easement, grubed and cleared. Stone monuments
shall be placed adjacent to the Hawkins Lane right-of-way at
each easement line. The monuments shall include the wording:
"Public Access" .
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SALEM FOREST ' III
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10 . The applicant shall show the existing stone bounds on Patton '
Lane and on Granville Lane.
11 . Parcel 'A' shown on the plans at the intersection of Patton
Lane and Hawkins Lane shall be eliminated. Area shown as
parcel 'A' will be deemed part of the right-of-way for both
streets .
12 . The water main and gas main installation shall be shown on the
profile of Hawkins Lane in accordance with the Rules and
Regulations of the Planning Board.
13 . An additional hydrant shall be installed at the end of the
cul-de-sac.
14 . Applicant shall show proposed dwellings , driveways and septic
systems along the proposed lot grading to indicate how each
lot will support a habitative area and will not adversely
effect abutting properties and other lots within the subdivision.
15 . All easements shall be submitted and executed by the Planning
Board prior to endorsing the plans .
16 . A letter from DPW stating that the DPW has no problems
regarding the redesign of the roadway, prior to endorsing
the plans.
cc: Director of Public Works
Public Works Department
Highway Surveyor
Tree Warden
NACC
Building Inspector
Board of Health
Assessor
Police Chief
Fire Chief
Applicant
Engineer
A erested Parties