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HomeMy WebLinkAboutTWO FAMILY HOME poRTH BUILDING PERMIT TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION ' 22 Permit No#: us- oO Date Received 1 y9`�R sEo . ( SSAGHtI`�E-c Date Issued: ( I I{o EVIPORTANT:Appli cant must complete all items on this page LOBATIONc �� L�GG _ 15 t PROPERTY OWN Print / 10D Year 'opt yes, ° no _ MAP "-Y _PARCEL � � ZQNING DISTRICT: T Histonc.Distnat yes no Machine Shap Villa=e yes_ no TYPE OF IMPROVEMENT PROPOSED USE Residential Non-Residential 9 New Building ❑One family ❑Addition W Two or more family ❑Industrial 0 Alteration No.of units: ❑Commercial ❑Repair:replacement ❑Assessory Bldg ❑ Others: ❑Demolition ❑Other C Septic Weil` Floodplain 0 Wetlands Watershed District, �V?later/;;'ewer ` DESCRIPTION OF WORK TO BE PERFORMED: _ ����T�yu�`t s n-+•c�cX c� c�i-C` �-c l�i.���C.t.u.c. I entill ation'- nCl Please a or Pnt early OWNER: Name: va '� .�v'hLzR lt;wa - Phone: Address ' Contractor Name: Address: � Supervisor's Gonstruction License: 2S 6Q,77 3_Z Exp. Date: '-f7 1 Lorne IrnprovementLicense: ARCHITECTIENGINEER(I-A r),At&\ U4 Phone: 7�E 907 01YI Address: ����—� 1 n[�e�Ck ( t�£�( Reg.No. FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. E notal Project Cost:$A4U,30l` /21 X 35,L FEE:$ 7TH '- Check No.: ��,S Receipt No.; (- Nersotzs contracting with unregistered contractors do 3On s t, thent3 fund Si ure of A t//�Qwner TwS�g�- Signature octori Plans Submitted❑ Plans Waived 11 Certified Plot Plan ❑ Stamped Plans ❑ TW OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/BodyArt ❑ SwimmingPools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private(septic tank,etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF-U FORM 5 kPLANNING&DEVELOPMENT Reviewed On 2 ZI1 Signature_ MENTS CONSERVATION Reviewed on 1r-� )\- Signature C MMENTS �i 1,'-b HEALTH Reviewed on ( (P Si g nature v C nMENTS (Va Cte���� (Qyly reMrn/�S _ Zoning Board of Appeals:Variance,Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water&Sewer Connectionlsiclnature&Date Drivaavay Permit DPW Town Engineer:Signature: Located 384 Osgood Street FIRE DEPARTMENT-Temp Dumpster on site yes no Located at art Main Street Fire Department signature/date &4d�f COMMENTS ! ......_- Town of F NORTH Andover �Q h ver, Mass,OArEV S tl "C BOARD OF HEALTH Food/Kitchen PERMIT T ILD Septic System THIS CERTIFIES THAT..... �"...'�"'�.... .....OAS. Fff BUILDING INSPECTOR has permission to erect..........................buildings on...(.!.r...:wl........i fv tr...f..........ak y ndation Rough to be occupied as....... ..........ON.....row. ... ... ..f. ..�..M..... Chimney provided that the person accepting this permit shall in every respect c�form to the terms of the application Final on file in this office,and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION TS Rough Service BUILDING INSPECTOR Final GAS INSPECTOR Occunaney Permit Required to Occupy Building Rough Display in a Conspicuous Place on the Premises—Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. Zoning Bylaw Review Form Town Of North Andover Building Department 1600 Osgood St.Bldg 20 Suite 2-36 North Andover;MA.01845 Phone 978-688-9545 Fax 978-688-9542 Street: Lot 5 Cotuit Street 10 Le don Street Ma /Lot: Ma 47 Parcel 151 Zone R-4 A licant: Robert J Burke Trust Request: Construction of a New Two Famil Home Date: 09/07/2016 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning item 14otes Item Notes q Lot Area F Frontage 1 Lot area Insufficient I Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies X 3 Lot Area Complies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area X 3 Use Preexisting 2 Complies 4 Special Permit Required X 3 Preexistinq CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 1 Left Side Insufficient 3 Preexisting Height 4 Ri ht Side Insufficient 4 Insufficient Information X 5 Rear Insufficient I Building Coverage 6 Preexistin setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Covera e Gam lies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed J Sign NIA 3 Lot prior to 10124/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information 3 Insufficient Information 4 1 Pre-existing Parkin F erred for the above is checked below. 'tem# S eclat Permits Planning Board Item# Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housina S ecial Permit Variance for Sign Continuing.Care Retirement Special Permit B-4 Special Permits Zoning Board Independent Elderly Housing Special Permit I Special Permit Non-Conforming Use ZBA Lar a Estate Condo Special Permit Earth Removal Spec a]Permit ZBA Panned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for jareexisting nonconformin Watershed Special Permit Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: ItemReasons for Reference' B-4 4.122.14.A.b Two family dwellings,by special permit from the Zoning Board of Appeals in accordance with Sections 14.3 and 4.122.14.1?of this Bylaw. i Referred To: August 25,2616 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover,MA 01845 Re: Robert J.Burke Trust,Lot 5 Cotuit Street/Leyden Street Special Permit Application Dear Members of the Zoning Board of Appeals: I,Nancy B.Norbedo,of North Andover,Massachusetts,am a Trustee of the Robert J. Burke Trust. The Trust owns the above property that is subject of this application for a special permit. I have conferred with the other two Trustees and I/we give authority to John J.Burke, Esquire,authority to represent the Trust in regards to the application for special permit before the Town of North Andover Zoning Board of Appeals Sincerely, Ade Nancy B.N edo,Trustee t 2$2 5 9 7 .... we, Robert J. Burke and 6)arg C. Burka C.unty,Maseachuma, of North Andover, Essex a,s� in consideration of leas than $100.00 :).6 •TF ^ Robert J. Burke and Mary C. Burke as tenants in_comes not as joint tenants, or as tenants by the entirety,, — - 14 Chick-kag Sczd. }( is North Andover, Essex County, Massachusetts, .with quitclaim rcuenxnts the-Iand 6, North Andover, king int 'A^ en Blan of lsnd marked `North Anw Andover Hillside" coined by A J. Landry, Ernest W. Branch, C.E., said pian being recorded in North Essex Registry of Deeds, Plan No. 547 and hounded and describad as follows. Beginning at a point on the Northor.y line of Andover Street by a stand wail. by.land new o fo rri -ly of ono Evans, thence running South nn_steriy by said Norther y lin oY Andover street one hundred ninety { and 11/100 (190.11) feet to a take; thence turning and running by a h• $a curved line in s Norttsr.y direction forty-sever. and 5@/100 $ r } (47.561 feet to a stake on Cotuit Street an said plant thence running { in a more Northerly direction by the easterly lire of said Cotuit Street six hundred thirty-nine and 19/100 (639.191 feet to a atakef the nao turning on a curved line and running northeasterly forty-seven ons 121100 f47.12) feet to an oak stake on Leyden Stseest on said plant thenoa turning Northeasterly_in a straight Zine by the Southerly ' lino of said Laydon Street two hundred ninety-ens and 52/100 (291.62) o {set to land now or fermatly of Melrvadt thence turning and running y by Southerlid Malmad land one hundred seventy-one and 44/100 til..44) feettsathen-. term ng and tion ing Wes tazly by said Ma lead and i Evans twenty-ons and 77f1-- iZ1.77) feet to s stone wall; thence by .t va-ious coursea along the: line of s id stone wall and fence as shown a o-n plan above referred to five hundred fifty-three and 95/100 (553.95) feat to the point of beginning; excepting therefrom, however that t 4. ttt pvztian takan by tha Commonwealth of Massachusetts for the state high- ` way and set forth in instrument recorded in said Registry, Book 559, ! R o Page 4 and also contained in dead of Arnie E. Burke to Commonwealth of i Massachusettts dated Nov. 3, 1931 and recorded with said Registry of 1IIi 1, Be ads, Book 552, Page 410. S. cs 6 ('wry •• itAlXdtU+J ai a i¢dkd 51142eJnliht thli ��'�` &-Of r� *'1 l9 6 f W Hur t 2 ro � or u � k t is:ge�uaantauiuealE�si aseaegxeseSta f taN,PerwnAfry oPPrnrN tar aho.r ootid dnd�.,` (! 1< s �a and ubnukJaN,hr fure�n na is.crvmeu�to<R h e r' as st lir Pv+ti' MY ae Wi..-Pi- /7 -1 ^-• . Recorded 5ept.29,1%.7 at 1:31PH #30596 ) . i LAW OFFICES OF JOHN J.BURKE,LLC 14 Chickering Road,North Andover,Massachusetts 01845 Tcl:978.681.1570 FAX:978.681,1572 jhurke@johnburkeatrycom August 15,2016 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover,MA 01845 Re: Robert J.Burke Trust,Lot 5 Cotuit Street/Leyden Street Special Permit Application Dear Members of the Zoning Board of Appeals: Pursuant to paragraph#9 of the Town of North Andover special permit application, please accept the following as written documentation. 1. We are requesting that we be allowed to build a two-family structure consistent with the recently developed structures that we have built. The proposed structure will be consistent in size,structure and appearance as the two structures recently developed. 2. The specific site is an appropriate location for such structure. A search of the surrounding streets,including Cotuit Street,Jefferson Street,Kingston Street,Village Green Drive,Brewster Street and Acushnet Street,identifies a combination of two-family dwellings and apartment complexes. The applicant believes that the proposed structure compliments and reinforces the design features of this neighborhood. In support,the applicant and another builder have completed construction of three(3)two-family structures that abut the subject property and a part of the original five(5)lot locus. Said structures,as stated in this application,are consistent in size,structure and appearance as the proposed structure that is the subject of this application. In addition,the applicant believes that the proposed structure assists in achieving design compatibility with the architectural features and exterior materials of surrounding structures,not only of the applicants recently completed structures but the surrounding neighborhoods as well. 3. The applicant believes that there will be no nuisance or serious hazard to vehicles or pedestrians because the structure is set back from the road and the developer has and will continue to maintain and care for the site on a daily basis. 4. The applicant/developer has ensured(and will ensure)that adequate facilities will be provided for the intended use of a two-family structure.The applicant/developer has already provided the proper facilities for the two previously constructed structures. 5. The applicant believes that the requested structure is in harmony with the purpose and intent of the Zoning By-Law because the proposed structure is consistent in size, structure and appearance as the two structures recently developed and the neighborhood presently is made up of a combination of two-family dwellings and apartment complexes. We look forward to answering any questions that the Board may have. Sincerely, Plans Submitted❑ Plans Waived❑ Certified Plot Plan ❑ Stamped Plans ❑ Ty-PB-DF SEWERAGE DISPOSAL i Pnblio Sewer ❑ TanningMassageBg ody Art ❑ Swiiraa Pools El well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private{septic tank,etc. ❑ Permanent Dumpster on Site ❑ I THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF-U FORM Reviewed On [tl. Si nature_b-, - EPLANNING&DEVELOPMENT I l� I 9 t —� CONSERVATION Re ' Signature G MMENTS HEALTH Reviewed on Si nature G MENTS Zoning Board otAppeafs:Variance,Petition No: Zoning Decisionlreceipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water&Sewer Con neCtionlSignature&Date Driveway Permit DPW Town Engineer:Signature: Located 384 Osgood Street FIRE DEPARTMENT_Temp Dumpster on site yes to Located at 124 Main Street /�— Fire Departments ignatureldate COMMENTS jj TOWN OF NORTH ANDOVER SPECIAL ZONING BOARD OF APPEALS PERI�tII NAME P , i3ta k �v - {-� ADDRESS OF APPEAL L-at• _ col-lx- Procedure o-t Procedure& Requirements for an Application for a Special Permit Twelve(12)copies of the following information must be STEP 6:SCHEDULiNG OF HEARING AND submitted thirty M days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them.The cost of the Party In Interest fee. petitioner will complete items that are underlined STEP 7:DELIVERY OF LEGAL NOTICE TO STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner_ notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8:.PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf,or be as required in items 1 through and including 11 shall be represented by an agent or attorney. in the absence of completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing,a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties In interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch.40A sec.17,within twenty(20)days after the decision is filed with the Town Clerk. STEPS: SUBMIT APPLICATION: Petitioner submits one(1)original and 11 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision,Mylar,and any accompanying plans at the of filing.The original will be left at the Town Clerk's Essex County North Registry of Deeds,354 Merrimack Office,and the 11 Xerox copies will be left with the SL,Lawrence MA 01843,and shall complete the Zoning Board of Appeals secretary. Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev.&Services Town Hall 1600 Osgood Street 120 Main Street Building 20,Sufte 2035 North Andover,Massachusetts 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-68&9566 Assessor's Office 978-688-9541 Zoning Board of Appeals Office PAGE 9 of 4 PAGE 2 OF 4 Date&Time Stamp Application for a.SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1.Petitioner: Name,address and telephone number: wy •r CJ rl aU �` *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: iurzr ' -t2T `N 06(-45 Years Owned Land: ,Q &A4 S 3. Location of//Property: a. Street: I II���Q CAI Zoning District P---LI b. Assessors:Map rtumber__y-7_Lot Number: 1. c. Registry of Deeds: Book Numberj9-�-Page Number. 4.By-Law Sections under which the petition for the Special Permit is made. '&Lb Fag)L1 l��'a'drl tcicl�n StC- ic��5 1f� anrrl tea o I "Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building commissioner. 5. Describe the Special Permit request: Tb 5e lok412c,2CO Smua— *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. I PAGE 4 OF 4 SPECIAL. PERMIT OEM I EM 9. WRITTEN DOCUMENTATION 11) One(4)Mylar,with one block for Registry Use Application for a Special Permit must be supported by a Only,and one block for five(5)ZBA signatures and legibly written or typed memorandum setting forth in date. detail all facts relied upon. When requesting a Special IIt) Plan shall be prepared,stamped and certified by Permit from the requirements of MGLA ch.40A,and the a Registered Professional Land Surveyor. Please North Andover Zoning By-laws,all dimensional note that plans by a Registered Professional Engineer, requirements shall be clearly identified and factually Registered Architect,and/or a Registered Landscape supported.All points,1-6,are required to be Architect may be required for Major Projects. addressed with this application. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1.The particular use proposed for the land or structure. 1. north point 2.The specific site is an appropriate location for such 2. zoning Ifistrict(s) use,structure or condition. 3, names of streets 3.There will be no nuisance or serious hazard to 4. wetlands(if applicable) vehicles or pedestrians. 5. abutters of property,within 300'radius 4.Adequate and appropriate facilities will be provided & locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'from applicants proposed structure 5.The use is in harmony with the purpose and intent of t 7. deed restrictions,easements. Zoning Bylaw. It) Legend&Graphic Aids shall include: 6.Specific reference and response to the criteria 1. Proposed features in solid lines&outlined in red required by the particular Special Permit for which 2. Existing features to be removed in dashed lines this application is made(i.e.the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4. Date of Plan requirements). 5. Title of Plan 6. Names addresses and phone numbers of the applicant,owner of record,and land surveyor. 10. PLAN OF LAND 7. Locus. Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted with this application to the Town Minor projects,such as decks,sheds,and garages, Cieffs Office and ZBA secretary at least thirty(30)days shall require only the plan information as indicated with prior to the public hearing before the Zoning Board of an.asterisks C). in some cases further information may appeals. be required A set of building elevation plans by a Registered 11 APPLICATION FILING FEES Architect may be required when the application A Notification fees:Applicant shall provide a involves new construction/a conversion/and/or a check or money order to:"Town of North Andover"for proposed change in use. the cost of first class,certified,return receipt x#of all parties in interest identified in MGLA ch.40A§11 10 A.Major Projects on the abutter's list for the legal notice check.Also, Major projects are those,which involve one of the the applicant shall supply first class postage stamps following whether existing or proposed: for each address listed on the abutter's list,plus an 1)five or more parking spaces, additional 2 for the decision mailing. 11)three(3)or more dwelling units, B. Mailing labels:Applicant shall provide four(4) III)2000 square feet of building area. sets of mailing labels no larger than Vx2-5/8°(3 copies for the Legal mailing and one copy for the Decision Major Projects shall require that in addition to the above mailing). features,plans must show detailed utilities,soils,and C. See 2005 Revised Fee Schedule. topographic information. pp A Special Permit once granted by the ZBA will *10.S.*Plan Specifica{ions. lapse in 2(two)years if not exercised and a new 1) Size of plan: Ten(10)paper copies of a plan not petition must be submitted.®�ffl to exceed 11"x17",preferred scale of 1"=40' ek 13919 f s10 "*15469 .l-A L e r i t ., !-w-A, Jk Massachusetts Department of Environmental Protection Provided by MassDEP MassDEPFilo#:242.1601 f ; Bureau of Resource Protection-Wetlands 1 ti t oDEPTransaction#:598709 --- 's WPA Form 5-Order of Conditions Cay/Tcwn:NORTH ANDOVER—, { Massachusetts Wetlands Protection Act M.G.L.e.131,§40 A.General Information 29 ism 1.Conservation Commission NORTH ANDOVER 2.Issuance a. o OOC b.0 Amended OOC 3.ApplfcantDetaiis %First Name JOHN b.LastName 13URKE a Organization d.Mailing Address 14 CHICKERING ROAD e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4.Property Owner a.FirstName ROBERT J. b.Last Name BURKETRUST e.Organization CIOR.H.HARRINGTON,TRUSTEE d.Mailing Address 600 CLARK STREET,4TH FLOOR e.City/rown TEWKSBURY f State MA &Zip Code 01876 5.Project Location a.StredAddress COTIIITSTREET&LBYDENSTREET b.Cityfrown NORTH ANDOVER G.Zip Cc& 01845 d.Assessors Map/Plat#47 e.Parcel/Log 148&151 E Latitude 42.67786N g.Longitude 71.i2535W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 8735 35 7.Dates a DateNOIFiledd:8125J2013 b.Date Public Hearing Closed:9/25/2013 c.Date Oflssuanee:9/26/2013 8.Final Approved Plans and Other Documents a.Plan Title: b.Pian Prepared by: t.Plan Signed/Stamped by: d.Revised Final Date:e.Scat-: SITE PLANS COTIAT&LEYDEN PENNONI BENJAMIN C.OSGOOD,JR. 9/12113&9t23/13 1„--20, STREETS(SHEETS ASSOCIATES,INC. (Sheet 3) 1-6) B.Findings Page I of 10”ELECTRONIC COPY Bk 13919 Pgll #15469 Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection-Wetlands MassDEPFile 0:242-1601 WPA Form 5-Order of Conditions eDE'Transaction#:598709 Massachusetts Wetlands Protection Act M.G.L.c.131,§40 CityllawnNORT11AN170VER l.Pindings pursuant to the Massachusetts Wetlands Protection Act Following the review ofthe the above-refrrenced Notice ofiment and based on the inf rmtationprovided in this application and presented at the public hearing,this Cutmnission fnAs thatthe areas inwhich wodc is proposed issignificaat to the following interests of the Wetlands Protection Act. Check all that apply: a.o Public Water Supply b.o lAnd ContainingSbdlfish c.o Prevention ofPollution d.o Private Water Supply e.n Fisheries f o ProtedloacfWiidlifellabitat g.it Ground Water Supply h.o Stems Damage Prevention i.❑ Flood Coanul 2 Commisdartherebyfinds Oteproject,asptaposad.is: Approved subjectto: a.a The foillowingeonditionswhicharerrecessatyinaeconiancowiththeperfomtutcestandardssetforthinthe wetlands regukitiom This Commission onsets that all work shall be performed in accordance with the Notice of lntwt referenced above,the following General Conditions,and any other special conditions attached to this Order.To the extent thatthe following conditions modify or differ from the plans,specifications,a otherproposais submitted with the Notice of Intent these conditions shall control. Denied because: b.o The proposed work cannot be conditioned to meet the performance standards set forth in the wetiandregulations.Therefore, wont on this project may not go forward unless and until a new Notice oflntent is submitted which provides measures which are adequate to protect interests ofthe Act,and a final Order of Conditions is issued A description of the performance standards which the proposed work cannot meet is attached to this Order. o.❑Tho information submitted by the applicant is not suffielent to describe the slte,thework or the effect ofthe work on theinterests identified in the Wetlands Protection Act Therefore,work on this projectmay not go forward unless and unfil a revised Notice of Intent is submitted which provides sufficient infomtation and Includes measures which areadequateto protect the interests of thte Act,and a final Order ofConditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as par 310 CMR 10.05(6)(c). 30 Buffer Zone Impacts:Shonost distance between limitofirroject disturbance and the wedand resource 20 area specked in 3 I0CMRI0.02(1)(a). a lhtem'fret Inland Resource Arcs Impacts:(Por Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4.0 Bank a.Hawn feet b.linear£eat c.linearfset d.facer flet 5.0 Bordering Vegetated Welland a,square feet b,square feet c.square feet d,square feet b.o Land under Waterbodies and Waterways a square feet b.square fact c,square feet d.square feet a ety dredged f rJy dredged Page 2 of 10•ELECTRONIC COPY Bk 13919 P912 #15469 Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1601 WPA Form 5-Order of Conditions cDy/''haus g7o9 Massachusetts Wetlands Protection Act M.G.L.c.131,00 CitylFown:NORT#:59RTH RNDOVER 7.o Bordering Land Subject to Flooding a.square feet b.square feet a square feet d.square for Cubic Feed Flood Storage e.cubic feet f.cubic feet g,cubic feet h.cubic feet 8.13 Isolated Land SubjecttoFlooding a.square feet b.sgaawfeet Cubic FeetFtood Storage a cubic feet d.cubic feet e.tabic feet f cabiefed 9.0 Rive4ontAtca a total sq.feet b-total sq.feet Sgftwithin 100ft a square feet d.square feet c,square feet f.square feet Sq ft between 100-200 ft g,square feet h.squarefeet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement i0.o DesigaatedPortAreas Indicate size under Land Underthe Ocean,below Ma Land Under theOceau a square feet b.square feet rn cly dredged d.c/y dredged 12,0 BarderBeaches Indicate size under Coastal Beaches and(orCoaslalDares below 13.o Coastal Beaches asquarefeat b.square feet c.cly nourishment4cly nourishment 14,o CoastalDones square feet hsquat feet acly novdshroeatd.c/ynonrishttmri 15.0 Coastat Banks a.linearfeet b.11nearfeet 16.o Rocky lateatidal Shores asquarefeet b.squarefed 17.o Salt Marshes a.squarefeet b.square feet a square fed d,square£ed 18.o Land under Salt Ponds a square:fad b.square feet c,cly dredged d.cly i6k dpd 19.0 Land CantainingShelm Page 3 of 10•ELECTRONIC COPY Bk 13919 Pg13 #15469 i Massachusetts Department of Environmental Protection ProvidedbyMassDEP. Bureau of Resource Protection-WetIands eUEP Transaction File ion#.,1601 99709 WPA Form 5-Order of Conditions eDE Town.,actton>r:sNDO Massachusetts Wetlands Protection Act M.G.L.c.131,§40 plylfown:13ORTIEANDOVER a square feet b.square feet o.square feet d square feet Indicate simunderCoastal Banks,WandBank,Land Underthe 20.❑Fish Runs Oeean,andtor inland Land Under Waterbodles and Waterways, above a ely dredged d.ely dredged 21,o Land Subject to Coastal Stone Flowage a.square feet b.square feet 22. ❑ RestorationXuibancement(For Approvals Only) If the project is for the purpose of restoringorenhaneing a wetland resource area in addition to the squmefootago that has been entered in section B.S.e&d or B.Me Ae d above,pleaseentemd theadditional amount hem a square feet of BV W b.square feetof saltmarsh 23. o Streams Crossing(s) Ifthe project involves Stream Crossings,please enterthe number of new stream crossings/number ofreplacement stream crossings. a number ofneve stream crossings b.numberofreplacemeat stream crossings C.General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects I. Failmoto comply with all conditions stated herein,and with all.related statutes and other regulatory measures,shalt be deemed cause to revoke or modify this Order. 2. The Order does not great 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 peanitt eorany other person ofthe necessity ofcompiyingwith all other applicable federal, are%or local statutes,ordinances,bylaws,orregalatiom 4. The work audtodzedhereunder shall be,completed within name yearsfiomthedateofthisOrderunlesseitherofthefollowing apply: a the work is amaintenance dredging project as provided for in the Act;or b,the time for completion has been extended to aspecified date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years the extension date and the special circumstances warranting the extended time period are set forth as a special condition 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. fftids Omer coactimtes an Amended Order of Conditions,this Amended Order ofConditkms does not exceed the issuance date ofthe original Final Order of Conditions. 7. Any fill used in connection with this ptojectsbalIbedemBIT.Any fill shall contain notrash,refuse,rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,hub,paper,cardboard,pipe,th'es,ashes,refrigerators,motor vehicles,or parts of any of the toregotng. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, until all proceedings before the Department have been completed. Page 4 of 10*ELECTRONIC COPY Bk 13919 Pg14 #15469 Massachuseth Department of Environmental Protection Provided byMassDBP. Bureau of Resource Protection-Wetlands M=DEP File#:242.1601 c'OEWPA Form 5-Order of Conditions City/ownTran:N RT#:s9s709 Massachusetts Wetlands Protection Act M.Cr.L.c.131,§40 C#y!T°wmNORTHANDOVER 9. No work shall be undertaken undl the Order has become food and then has been recorded in the Registry of Deeds or the Land Courtforthe districtinwhich the land is located,within the chain of thfe of the affected propedy.In the case ofrecorded land, the Final Order sha4 also be noted in theltogishy'sthantorindest under the name of the owner oftho land upon which the proposed work is lobe done.In the can oftheregistered land,ft Final Order shell alsobe noted on the Land Court Certificate ofTiflo attire ownerof the land upon which the proposed work is donor The recording information shall be submitted to the Conservation Commission cathe form at the end ofthis Order,which form must be stamped bythe Registry of Deeds, prior to the commeaoementof work, 10. AsipshallbedisplayedWhositenotiessthentwosquare,feotormorethanthreesquarefedinsbabestingthewords, "Massachusetts Department ofEnviromnentat Protection" [ar'MassDEP^j File Number:'742-1601" 11, Where rho DepatimentofFmironmenml Protection Is requested to issue a Superseding Omer,the ConservationConarkslon shall be aparty to all agency proceedings and hearings before Mass DEP. 12. Upon completion ofthe work described herein,the applicant shall submita Request for Cenifcata ofComplimeo(WPAForm &A)to the Conservation Commission. 13.The work shall conform to the plum and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall requ4z the applicant to inquire offt Conservation Contralssion in writing whether the change is signiScantenough to require the filing of anewN0dW of Intent. I5. The Agent or members,oftheConservationCommissionmidtheDepartmentofEnvirenreffl dProtectionshallhawtherighttc, enter and inspect the area subject to this Orderat reasonable hours to evoluateoomptiancewith the conditions stated in this Order,and may require the submittal afaay data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order ofComfitions aball apply to my suctworia interest or successor in control ofthe property subject to this Order earl to any contractor or other person perfomring work conditioned by this Order. 17. Prior to the start of work,and iftheproject involves work adjacent to a Bordering Vegetated Wetland,the boundary ofthe wetland in the vicinity of tho proposed work area shalt be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained unfit a Certificate ofCompliance has been issued by the Conservation Commission. I&. All sedimentation barriers shall be maintained in goodmpairuntilalldishnbedaznashavebeenfullystabilizsdwhhvegetationor other means.At no time shall sediments bedeposited in a wetland or water body.During construction,the applicant or his/her designee shall inspect the trusion controls on adaily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any emsion problems that occur atttrasite and shall also immediately notify fire Conservation Commission,which reserves the right to require additional erosion andfordamage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit ofworkunless another limit of workline has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Projeet")is([)a isnot(2)0 subjerttothe MassachusettsStomrwaterSfanckrds. If the work is subject to Stomrwater Standards,then ft ptojectissubjectto tkhe tbliowing conditions; a) All work,including site preparation,land disturbance,construction and redevelopment shall be implemented in accordance with to eonstmedonpedod pollution prevention and erosion and sedimentation control plan and,ifapplicable,the Stomrwata Pollution Prevention Plan requiredd by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard&Construction period erosion,sedimentation and pollution control measures and best management practices(Blops)shaU remain in place until the site is fully stabilized. b) No stormwater runoffmay be dischugod to the post-conturuction storinwater BMRs unless and until a Registered Professional Engineer provides a Certification that:i alloeustruetion period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BWs intended to be converted to post construction operation f rrstomnwater attenuation.recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications mad that the BMP has been properly cleaned or prepared fm postconstruction operation, Including removal*fall construction period sediment trapped in laterortd outlet control structures,ti.as-built finalcoustmetion Page 5 of 10*ELECTRONIC COPY Bk 13919 Pg15 #15469 Massachusetts Department of rivironmental Protection Pmvided by MassDEP: Bureau of Resource Protection-Wetlands ManDEPFile#:242.1601 WPA Form 5-Order of Conditions CDEPTrar:NORTHAN709 Massachusetts Wetlands Protection Act M.Q.L.-131,§40 Cdty/fowmNORTH ANDOVER BMP plans arc included,signed and stamped by a Registered Professional Eagamr,cet*lag the site is fully stabilized;171. any illicit discharges to thestormwatw management system have been removed,as per the requirements of Stormwater Standard 10;is all post-constructionstomhwater BMPs are installed inaecordarimwith the plaas(Including all planting plans)approved by the issuing authority,and have been inspected to ensure that they we not damaged and that they aro in proper working condition;v.any vegetation associated with post consimetion BMPs is suitably established to withstand erosion. c) The landownerisrespouslbleforBMPmaintenanceundltheissuingauthorityIsnotifiedthatanotherpattyhaslegallyassuuted responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,orPardal Certificate of Compliance,the responsible party(defined in Geuctal Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for die SlonowaterBMPs Identifying the party,responsible for implementing the stonnwater13W Operation and Maintenance Plan C"O&M PW)andcerti(yhng the following:i.)the O&M Plan is complete and wilt be implemented upon mocipt ofthe Certificate ofCcmplianee,and IQ the franc responsible parties shall be notified in writing oftheir tingeing legal responsibility to operate end maintain the stouawaturmanagement BMPs and implement ftStumwaterPollution Prevention Plan. d) Post-constmetionpollution prevention and source control shelf be implemented in accordance with the long-term pollution prevention plan section ofthe approved Stornamdor Report and,if applicable,the StormwaterPollution Prevention Pian oxialred by the National Pollutant Discharge Emaination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of my dramAge,emment.fissiattea, responsibility for maintaining each BMP.To overcome this presumption,the landowner ofthe property must submit to the Issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing tltatanother entity has accepted responsibility for maintaining the BMP,and that ft proposed responsible party shall bit treated as a permittee for purposes of implementing the requirements of Conditions 19(t)through 19(k)with inspect to that BMP.Any failure ofthe proposed responsible party to implement the requirements of Conditions 19(0 through 19(k)with respect to that BMP shall be a violation ofthe Order of Condltions or Certificate of Complianm in the case of stormwater BMPs that are serving more than one£w,the legally binding agreement shall else pica C¢the lots that will be serviced by the stomnwater BMN.A plan and easement deed that grants tha responsible party access to perform the required operation and maintenance must he submitted along with the legally binding agreement f) The responsibla,party shall operate and mainion all stommitallWs in accordance with the design plans,the O&M Plait, and the requlrameuts ofthe Massachusetts Stomtwater Handbook. gi The respansibleparty shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any pad thereof,amt disposal(for disposal the log shall indicate the type ofmateriat and the disposal location); 2,Make the mainteneece log available to M=VEP and the Conservation Commission("Commission")upon request;and 3.Allow members and agents ofthe MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or othercontandriants removed f1roat suirrawater RNft shall be disposed ofin accordance with all applicable federal,state,and local laws and regulations. Illioltdiscltarges to tla stermwater managementsystem as defined in 310 CMR 10.04 are prohibited. j) Th.stonaware,monagment system apponvoij in the OrderofCouditions shall notbe changed withoutthe prior mitten approval orthe issuing atuhority. k) Areas designated as qualifying pervious areas,for the propose,ofthe Low impact Site Design Credit(as defined in the MassDEP Stomavator Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval ofthe issuingauthorlty. i) Access for maintenance,repair,andrCr replacement of BMPs shalt not be withheld,Any fencing constructed mound stormwater BMN shalt include access gates and shall be at least six inches above grade to allow for wildlife passage. Page 6 of 10*ELECTRONIC COPY Bk 13919 Pg16 #15469 Massachusetts Department of Environmental Protection Providedby MwDEP. Bureau of Resource Protection-Wetlands MassDEP File#:242-1601 WPA Form 5-Order of Conditions tDEP Transacflon s's987o9 Massachusetts Wetlands Protection Act M.Q.L.c.131,§40 CitS/f°wn:NORTTIANDOVER Special Conditions: SEE ATTACHED. Page 7 of 10ELECTRONIC COPY Bk 13919 Pg17 #115469 Massachusetts Department of Environmental Protection ProvidedbyMassDEP: Bureau of Resource Protection-Wetlands MassDEP File 11:242-1601 eDEWPA Form 5-Order of Conditions Citp Transaction#:598709NDO Massachusetts Wetlands Protection Act M.G.L.c.131,§40 rty/I'ownNORTH ANDOVER Ll�) P R A Findings Under Municipal Wetlands Bylaw or Ordinance 1• Is a municipal wetlands bylaw or ordinance applicable?o Yes o No 2, The Conservation Commission hereby check one that applies): a o DENIES the proposed work which cannot beconditioned to rawthe standards W Earth in a municipal ordinance or bylaw NsecificaBY: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may notgo forward unless and until a revised Notice of intent is submitted which provides measures which are adequate to meet time standards,and afmal Order or Conditions is issued.Whichare necessary to comply with munlc ipatordinance a bylaw: b' APPROVES the proposed work,subject to thefollowing Q additional conditions. I.Municipal Ordinance or Bylaw NORTRANDOVER 2 Citation CHAPTER 178 WETLANDSIYLAW 3, The Crunardissionorders that all work shall be performed in accordance with thefollowing conditions and with t4e Notice of Intent referenced above.To the extomthat the foilowmilcoudi0ons modify or differ from theplans,specifications,or other proposals sulvnitted with the Notice of Intent,the conditions"I control— The The special conditions relating to municipal ordinance or bylaw are as follows: SEEATEACHED. Page 8 of 10»ELECTROMC COPY Bk 13919 P918 #15469 Massachusetts Department of Environmental Protection Providcd by MassDEP: MassDEP File 11242-1601 Bureau of Resource Protection-Wetlands eDEPTisnsaotion 0:598709 WPA Form S-Order of Conditions chy/fewn:NORTHANDOvsR Massachusetts Wetlands Protection Act M.G.L.c.131,§40 E.Signatures �10,d. ThisOrderisvalidtbrttueoyears from the date of issuance,unless otherwise speed pursuentto General Condition#4.Iffhis is an AmendedOrderofConditions,the Amenderl.l� Order expires codes same date as the original Order of Conditions. please indicate thenumberofmembers whowinsign this form.Thtsorder must besigned by 'Number fSigners a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate DeparnnentofEuvironmentat Protection Regional Office,ifuot filing electronically,and the,property owner,if diR2rent from applicant. Signa 0 by hand delivery on sly certified mail,return receipt requested,on Iatv�l3 Date Date F.Appeals The applicant,the owner,any person aggricvcd by this Order,any owner of landabutting the land subject to this Order,or any ten residents ofthe city or town in which such land is located,are hereby notified of their right to request theapproprialoMassDEP Regional Officeto issue a Superseding0rdtr of Conditions.The request must be made by cerdfied mail or handdelivery to the Depamnent,with the appropriate filing fee and a complated Request farDepararremral Adlon pec Transmittal Form,as provided in 310 CMR 10A3{7}within ten business days from the date of issuance of this Order.A copy ofthe request shall at the sane time be seatby certified mail orhand delivery to the Conservation Commission and to theapplicam,if helshe is not ft appellant. Any appetlans seeKing to appeal the Department's Superseding Orderassociated with this appeal will be iequired to demonsteato prior Participation in the review ofthispmject Previous participation in the pamitpromeding means ltw submission of writtet infomtation to the Conservation Commission priortothecioseofthopubhohmin&r qucstingaSupersedingOnda orprovidingwritteninformation to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified la the Massachoschs Wetlands Protection Act(M.G.L.c.131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on amrnricipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Actor regulatloM the Deportment has no appellate jurisdiction. Page 9 of 10 a ELECTRONIC COPY Bk 13919 Pg19 #15469 Massachusetts Department of Environmental Protection ProvidedbyNMDEP: Bureau of Resource Protection-Wetlands MassDEP File 0:242-1641 WPA Form 5-Order of Conditions aly/'own.NORTransutT 9.598709NDN Massachusetts Wetlands Protection Act M_O.L.c.131,§40 City(1'own:NORTHANDOVLR G.Recording Information This Orderof Conditions must bo recorded in the Regiany of Deeds or the Land Court forthe district in which the land is located, within the chain of title of the affected property.In the caseof rocotded land,the Find Ordorsball also be noted in tbo Registry's Grantor Index under the name of the owner of the land subject to theOniev In the case o€registered land,this Order shall also be noted on the Land Court CertificateofTitte of the owner of the land subject to the Order of Conditions.The recording information on this page shall be submitted tothe Conservation Commission listed below. NORTHANDOVER Conservation Commission Detach on dotted line have stamped by the Registry ofDeeds and submit to the Conservation Commisslon. .......................... ................................. ................................................ .......,............. ......................................... ..................... ....... ... To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: COTLRT STREET&LEYDEN STREET 242-1641 ProjectLocation M=DEP FdcNumber Has been recorded at the Registty ofDoeds of: County Book Page for: Property Owner ROBP..RT I BURKE TRUST and has been noted in the chain of title ofthe affected property in: Book Page In accordance with the Order ef Conditions issued on: Date Ifrecorded land,the instrument number Identifying this transaction is: Instrument Number Ifregistered land,the document number identifying this transaction is: DocumentNumber. Signatwo of Applicant ne*.ainaro Page t0 of 10*ELECTRONIC COPY Bk 13919 Pg20 #15469 DEP FILE#242-1601 Therefore,the North Andover Conservation Commission(hereafter the"NACC")hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced.below. To the extent that the following conditions modify or differ from the plans,specifications or other proposals submitted with the Notice of Intent,the condztlens shall control. GENfiRAL CONDITIONS 20.The proposed work includes:construction of four townhouse units on two lots, stormwater management infrastructure,underground utilities,and associated clearing,grading and landscaping,portions of which are within the Buffer Zones to Bordering Vegetated Wetland(BV W)associated with an intermittent stream. 21.The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Applicant: John Burke 14 Chickering Road North Andover,MA 01845 Property Owner: Robert J.Burke Trust C/o R.H.Harrington,Trustee 600 Clark Street 4th Floor Tewksbury,MA 01876 Notice of Intent prepared by: Benjamin Osgood,Jr. Pennon Associates,Inc. 13 Branch Street,Suite 103 Methuen,MA 01844 Dated:July 31,2013 Site Plans prepared by: Pennoni Associates,Inc. Title:Site Plan Cotuit&Leyden Streets North Andover,Massachusetts Sheets: 1-6 Last Revised:9/12/13&9/23/13(Sheet 3) Stamped by:Benjamin C.Osgood,Jr.,P.E. Stormwater Analysis and Calculations prepared by: Pennon Associates,Inc. Date:September 12,2013 242-1601,Cotuit&LeydersStreet Townhouses 3 NACC 9/26/2013 Bk 13919 Pg21 #15469 DEP FILE#242-1691 Stormwater Review: Lisa Eggleston Eggleston Environmental 32 Old Framingham Road,Unit#29 Sudbury,MA 01776 Review letter dated:September 19,2013; Inspection&Maintenance Manual prepared by: Pennoni Associates,Inc. Date:September 12,2013 22,The term"Applicant"as used in this Order of Conditions shalt refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23.The conditions of this decision shall apply to,and be binding upon,the applicant, owner,its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24.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. 25.This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of property rights. However,the NACC,agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions,the Act(310 CMR 10.00),the North Andover Wetland ByLaw and Regulations,and may require any information,measurements,photographs, observations,and/or materials,or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC,agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26.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. 27.The work authorized hereunder shall be completed within three years from the date of this order. 292-1601,Cotuit&Leyden Street Townhouses 2 NACC 9126/2013 Bk 13919 Pg22 #15469 DEP FILE#242-1641 28.This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least jhm days 30 rrrior to the expiration date of the Or (Refer to Section 8.3 of the North Andover Wetland Regulations). 29.The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30.This order is issued in addition to DEP Pile#242-2261 which originally permitted eight (8)townhouses.The permit is now expired.A Certificate of Compliance is under consideration for the four constructed townhouses(of the eight proposed)and the stormwater management structures constructed under the prior order. 31.Where the Department of Environmental Protection(DEP)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. 32.Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 33.The following wetland resource areas are affected by the proposed work:Buffer Zone to Bordering Vegetated Wetland(BVW)associated with an intermittent drainage/stream channel. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 34.The NACC agrees with the applicant's delineation of the wettand resource areas on the site as shown on the plans dated referenced herein. 35.The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wettand resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot{25`)No- Disturbance Zone and a fift foot(50')No-Construction Zone shall be established from the edge of Bordering Vegetated Wetland(BVW).The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the No-Disturbance zone. 36.This document shall be included in all construction contracts,subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors,subcontractors, and other personnel performing the permitting work are fully aware of the permits 242-1601,Cotutt&Leyden Street Townhouses 3 NACC 9/26/2013 +{ Bk 13919 Pg23 #15469 DEP FILE#242-1601 terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 37.The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. 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 water damage. Maintenance of the drainage system,if accepted by the Town as part of a public way,becomes the responsibility of the Town. PRIQR TQ CONSTRUCTION 38.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 or Court have been completed. 39.This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods.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. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicants expense. 40.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 DBI',File Number 242-1601." 41,Any changes in the submitted plans caused by the applicant,another Board's decision or resulting from this Order of 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.No work shall begin on a project until written approval has been granted by the NACC. 242-1601,Connt&Leyden Street Townhouses 4 NACC 412612013 Bk 13919 Pg24 #15469 DEP FILE#242-160 t 42,It is the responsibility of the applicant,owner,and/or successor(s)to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 43.Prior to any work commencing on-site,the applicant shall submit to the NACC for approval,a detailed sequence of construction,including the installation of all sedimentation/erosion control measures,clearing,grading,foundation installation, paving,and all other site work through final stabilization. 44.Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s)throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be dearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery,storage of machinery or materials,stockpiling of soil,or construction activity is to occur beyond this line at any time. 45.Staked hay bales and trenched siltation fence,as detailed on Sheet 6 of 6 in the plans referenced herein,shall be placed between all construction areas and wetlands. The erosion control barriers and erosion control measures will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion,or any noticeable degradation of surface water quality discharging from the site. For example,installation of erosion control measures may be required in areas not shown on the plans)referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commission's request. 46.The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling,a minimum of 10 hay bales 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. 47.A check payable to the Town of North Andover shall be provided in the amount of $7,500 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 through 242-1601,Cotuit&Leyden StreetTovmttouses 5 NACC 412612013 ( '.... i Bk 13919 Pg25 #15469 DEP FILE#242-1601 the NACC before commencement of work. Said 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 provisions,satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary 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 local ByLaw. 48.The applicant shall be responsible for placing signs on each parcel,where there is more than one(1)lot,designating the applicable lot number as depicted on the plans approved and referenced herein. 49.The applicant shall designate a Wetland Scientist(or other environmental professional as approved by the NACC or its agent)as an"Erosion Control Monitor"to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted,due to an emergency at the site,during any 24-hour period,including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes.The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50.At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized,the applicant shall submit a written report(with photos)from the"Erosion Control Monitor"to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection,all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity,and/or other water quality impacts.The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2"inch of rain or greater(24 hour event)to ensure that soils remain stable,and erosion controls are adequate and secure. 51.Prior to construction,the applicant shalt permanently mark the edge of the"25'No- Disturbance Zone"on all delineated wetlands(where not already marked or where the wetland line has changed)with signs or markers spaced evenly every 30 feet incorporating the following text: "Protected Wettand Resource Area"and the associated rules(1 square for every 3 round markers).These markers will designate 242-1601,Cotuit&Leyden Street Townhouses 6 NACC 9/26/2013 Bk 13919 Pg26 #15469 DEP FILE#242-1601 the sensitivity of the resource area and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Markers are available from the Conservation Department($2 round and $3 square). 52.The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party,subject to said Orders of Conditions,the"Compliance Certification Form Affidavit"attached via"Appendix A"signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at leastfive(5)business days prior to the closing of said land transaction. 53.Once these above mentioned pre-construction requirements are complete,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,the environmental monitor,and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts,subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors,subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. 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. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g.72 hours). STORMWATER MANAGEMENT CONDITIONS 54.All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent,the Department of Environmental Protection stormwater Management Standards,and as approved by the NACC in this Order of Conditions. 55.All stormwater best management practices shall be maintained as specified in the Inspection and Maintenance Manual submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance of the stormwater 242-1641,Cotuit&Leyden St=Mwnhoom 7 NACC 9/2612413 Bk 13919 Pg27 #15469 DEP FILE#242-1601 management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer. The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted until a COC is obtained. Maintenance bills submitted by cleaning contractors(catch basins,etc.)shall be submitted with annual engineering reports.Following the issuance of a COC Stormwater Management System Inspection and Maintenance Logs(as provided in the Inspection&Maintenance Manual)and/or proof of annual maintenance activities for all stormwater structures and activities shall be maintained for a prior 5 year period and shall be available upon request for review by the NACC or its agent in perpetuity. 56.Temporary and/or permanent basins and swales being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6)inches.The basins shall be cleaned of sediment prior to final grading and construction of permanent stormwater structures. 57.All roof runoff shall be directed to the infiltrators to provide groundwater recharge,as shown on the approved plans referenced herein. 58.There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 59.Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 60.Stormwater infiltration basins shall not be used for snow stockpiling. 61.As proposed by the applicant,a Condominium Association shall be established and be responsible for the implementation of the Inspection&Maintenance Manual as referenced and attached herein. This condition shall remain in perpetuity to this Order. Written agreements of all conditions required in perpetuity of this Order, inclusive of all stormwater maintenance agreements,shall be submitted to the NACC upon completion of construction and prior to the issuance of a certificate of compliance. 62.Prior to the issuance of the Certificate of Compliance,and the Condominium Association assuming responsibility,the applicant shall be responsible for cleaning all stormwater structures,in accordance with the"Inspection&Maintenance Manual` and the associated stormwater management conditions referenced herein 242-1601,Cotuit&Leyden Street Townhouses 9 NACC 9/26/2013 Bk 13919 Pg28 #15469 DEP FILE#242-1601 DURING CONSTRUCTION 63,IMPORTANT: hnmediately upon completion of the house foundation,and prior to further construction activities associated with the site,the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.)which accurately depicts the foundation location and its proximib�to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. Failure to comply may result in a stop work order for the site. 64.Upon beginning work,the applicant shall submit written monthly progress reports 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. 65.Catch basins within fifty feet(5(Y)of construction will be protected with silt sacks. 66.De-watering activities are not proposed. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw, If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval,which provides for the pumped water to be contained in a settling basin,to reduce turbidity prior to discharge into a resource area. 67.Temporary construction entrances shall be installed as detailed on Sheet 6 of the herein referenced plan.If material is tracked beyond the construction entrances onto the adjacent roadways,it will be swept up daily 68.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 on any of the foregoing. 69.All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or foamed,seeded and matted,All disturbed areas must be graded,foamed and seeded prior to November 13Y of each year.Outside of the growing season,exposed soil finish grade surfaces shall be stabilized with jute matting or by other means approved by the NACC until climate conditions allow for seeding.No exposed area shall remain unfinished for more than thirty(30)days,unless approved by the NACC. 70.No re-grading in the buffer zone shall have a slope steeper than 2:1(horizontal: vertical), Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 242-160 1,Cotuit&Leyden Street Townhmes 9 NACC 9/26/2013 Bk 13919 Pg29 #15469 DEP FILE#242-1601 71.There shall be no stockpiling of soil or other materials within fifty(50)feet of any resource area.Stockpile areas are designated on Plan Sheet 3 of 6.Changes in stockpile location shall be approved by the Conservation Department. 72.Washings from concrete trucks,or surplus concrete,shall not be directed to,any drainage system,or wetland resource area.Trude washing shall not occur within jurisdictional areas unless the designated area and a plan for containment of sediment are approved by the Conservation Department in advance. 73.All waste generated by,or associated with,the construction activity shall be contained within the limit of work,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(or other suitable means)at the site for the storage and removal of such spent construction materials off-site. However,no trash dumpsters will be allowed within 50'of areas subject to protection under the Act or local ByLaw. 74.Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 75.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 within one(1)business day. 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. AFTER CONSTRUCTION 76.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 Towns Wetland protection ByLaw. 77.Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types(<5%),and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a 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's Wetland Protection ByLaw and shall remain in perpetuity. 78.There shall be no dumping of leaves,grass clippings,brush,or other debris into a wetland resource area or beyond the limits of clearing. This condition shall remain in perpetuity. 242-1601,Cotuit&Leyden Stivet Townhouses 10 NACC9/26/2013 Bk 13919 Pg30 #15469 DEP VILE#242-1601 79.Upon completion of construction and grading,all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loan-ting and seeding according to MRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 80,Upon approved site stabilization by Conservation staff,the erasion controls shall be removed and properly disposed of and all exposed un-vegetated areas shall be seeded. 81.Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A-"Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shalt be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered professional Civil Engineer(and/or Registered Professional Land Surveyor)of the Commonwealth certifying that the work has been conducted as shown on the plans)and documents referenced above,and as conditioned by the Commission. i. An"As-Built"plan prepared and signed and stamped by a Registered Professional Civil Engineer(and/or Registered Professional Land Surveyor)of the Commonwealth,for the public record. This plan will include: ➢ "As-Built"post-development elevations of all drainage&stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built"post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include(but are not limited to)septic systems,additions,fences,sheds,stone walls, pools,retaining walls,subsurface utilities and decks. 242.1601,Cotuit&Leyden Street Townhouses t I NACC 9/2620I3 Bk 13919 Pg31 #15469 DEP FILE#242-1601 ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work"includes as disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 82.The following special conditions shall survive the issuance of a Certificate of Compliance(COC)for this project: ➢ 25'No-Disturbance Zone and a 50'No-Construction Zone shall be established from the edge of adjacent wetland resource areas as approved under DEP#242-1601. Future work within 100'of existing wetland resource areas will require a separate filing with the NACC.The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; D Resource Area Markers(Condition#51); ➢ Stormwater Management System Maintenance(Condition#55&#61); ➢ Discharge or spillage of pollutants(Condition#75); ➢ Prohibition of underground fuels(Condition#76); > Limitations on the use of fertilizers,herbicides,and pesticides(Conditions #77); ➢ There shall be no dumping of leaves,grass clippings,brush,or other debris into a wetland resource area or beyond the limits of clearing(Condition #78); ➢ "Inspection&Maintenance Manua€"(see attached),including Best Management Practices attached. No additional filings will be required to conduct maintenance of the above referenced system and plan. 242-1601,Cotuit&Leyden Street Townhouses t2 NACC 9/2612013 Bk 13919 Pg32 #15469 DEP FILE#242-1641 APPENDIX A-AFFIDAVIT I on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 2. I am the of (position with applicant} (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &[or 2._ 1 am the of (position with owner) {owner name} the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP Pile#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this-day of 19` 1 inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. {DEP pile#} 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19- (Signature (Signature-authorized agent of applicant or owner) 242.1601,Cotuit&Leydea Street Townhouses 13 NACC W26/2013 Bk 13919 Pg33 #15469 Inspection and Maintenance Manual Construction Phase: The BMPs associated with this project will be owned by the property owner during construction,who will be responsible for inspection,operation and maintenance. 1. The contractor is to install and maintain drainage facilities as shown on plan. 2, Prior to construction,all erosion/siltation control devices shown on plan are to be installed.To prevent slit intrusion into the drainage system during construction, the contractor Is to install and maintain inlet protection at all catch basins,and set a silt fence and straw bates at all slopes which may erode in the direction of any open drainage facilities.Such preventive measures are to be maintained throughout the construction process. 3. Construction will follow the following construction sequence: a. Install erosion and sediment controls as shown on plan prior to earth moving operations. b. Commence clearing and grubbing. c. Cut and dispose of any debris produced during grubbing operations. d. Perform earthwork operations.All cut and fill slopes shall be seeded and mulched within 72 hours after being constructed. disturbed areas should be stabilized with grass by October 1't,so as not to be left exposed during winter conditions.Disturbed areas which are not stabilized with grass prior to October 1St shall be protected by installation of erosion control blankets. e. Install site drainage and utilities. I. Catch basins inlets shall be protected from sediment in accordance with the design plans.Pipe outlets of the dry detention basin shall be protected with straw bale check dams.Erosion controls shall remain until the entire disturbed area is sufficiently stabilized. g. Install binder paving of driveway and parking areas. h. Install site landscaping and permanent seeding of all disturbed areas. I. After all seeded areas have established stable growth,all temporary erosion control measures shall be inspected and cleaned.Silt,sediment, and debris shall be removed from the grass swale,sediment forebay, infiltration basin and dry detention basin prior to installing final pavement. j. Contractor shall notify and coordinate with all authorities responsible for Inspections.It is the contractor's responsibility to obtain all required inspection sign-offs. 4. Erosion controls are to be inspected and maintained for stability and operation within 12 hours of each runoff-producing rainfall but in no case less than once Drainage Repoli-R.doc Bk 13919 Pg34 #15469 every week.Upon discovery of silt build-up in any catch basin sumps or other structures,they are to be cleaned. R 5. All exposed soils including soil stockpiles shall be immediately stabilized with a layer of mulch straw or jute blankets-as needed for slopes steeper than 3:1. 6. For existing catch basin in Cotuit Street,inlet protection-as described on site plans-shall be installed prior to beginning of construction and maintained during all construction until ready for paving. I 7. Clean silt and debris from the sediment forebay,infiltration basin and dry detention basin prior to installing final surface treatment. 8. After paving is installed,it shall be swept clean on a regular basis. 9_ All construction equipment shall be parked outside of the 100'buffer zone area at the end of the day. All machinery found to be a potential source of a future spill shall be removed from the construction site and repaired. Vehicles with chronic or continuous leaks must be removed from the construction site and repaired before returning to operations. No leaking of any material from equipment or vehicles will be tolerated on the job site. Contractor is solely responsible for any spills of hazardous materials and the subsequent cleanup and disposal of waste and restoration of any contaminated areas. No refueling, storage,servicing or maintenance of equipment shall take place within the 100' buffer zone area. No refueling or servicing shall be done without absorbent material or drip pans properly placed to contain spilled fuel 4 R t praivage Re}wrt Ii.doc � z Bk 13919 Pg35 #15469 Fe� STORMWATER MANAGEMENT SYSTEM Construction Phase Inspection and Maintenance Log date of BMP/Systerrm bate 0 Cleaning/Repalr deeded cieanIng t _ God onenf Ins e✓tloii lnk Qcto� l istheins.JComra nfs Re.air _.Performed by Pavement Sweeping Catch Basins Drain Manholes Outlet Control Structures Drain Pipes Swales Sediment Forebay Infiltration Basin Detention Basin Silt Sack Drainage Report R.dm Bk 13919 Pg36 #15469 t 4 Post-Development Phase: The property owner Is to be responsible for maintenance of all drainage structures in the project including roof drains,catch basins,manholes,drain pipes and stormwater management components.In the event of change of ownership,the I&M requirements shall be transferred to the new owner. i t Regular inspection maintenance is to Include the following: 1. Inspection of all drainage facilities(catch basins,pipes,grass swale,sediment forebay, Infiltration basin and dry detention basin)on an annual basis.During these inspections, the inspector(a registered professional civil engineer qualified in drainage systems as designated by the owner)shall lock for evidence of the following:structural damage,slit accumulation,and improper function.A report on the system shall be delivered to the oumer and a copy shall be kept at project site and available for inspection. 2. After inspection,if any of the above conditions exist,the inspector shall notify the owner who shall immediately arrange for all necessary repairs and/or sediment removal. 3. The parking area is to be swept clean,as required(i.e.,visually noticeable debris build- { up).A minimum of once per year,preferably just after snow melt. 4. AH graded slopes shalt be Inspected every spring for erosion.Upon discovery of any I failure(i.e.erosion),rip-rapiloam and seed shall be put in place and nurtured.Slopes shall be mowed on an annual basis to prevent tree growth I 5. During the winter months,all snow is to be stored such that snow melt is controlled 1 within the paved area and enters the stormwater treatment system. r i Inspection Costs i The annual costs of implementing the required inspections and maintenance outlined in the long terrn pollution prevention plan are expected to be as follows: f • Quarterly inspection by a registered professional engineer $500 • Annual parking lot sweeping completed by homeowner $0 j • Removal of trash and debris from pond areas by homeowners $0 • Removal of sift from swale,forbay,and infiltration basin $1000 E • Annual mowing $1000 • Annual catch basin cleaning(by town) $ 0 Public Safety. The stormwater management system is designed as a passive system and when maintained property it should not pose any threat to public safety.Side slopes of the ponds and swales are designed at grades which are not hazardous,water will not pond for excessive amounts of time in the open treatment and storage devises,and the system can accommodate large storms so that water will drain and not remain where it may be a hazard to vehicles. Drainage Report-R.doc � � STORMWATER MANAGEMENT SYSTEM Inspection and Maintenance Log smplsystem Cleaning/ Component 17afieg6f >j-1iReRpair Maintenance,lRequired& Date of Inspection :`Cleaning/RepAir Neda6&*i CI' Ing/ 0.erf6rmed :Frequency Inspection Inspector list itemslcomments Re`'air b, + Swept clean as required(i.e. Pavement visual noticeable build-up).A . Sweeping minimum of once per year, preferably just after snow melt. + Inspect and clean annually for Catch Basin the evidence of structural Sumps/Drain damage,silt accumulation and Manholes/ improper function. Outlet Control + Remove accumulated sediments Structure and debris from sump when sump is more than 25%full. + Inspect annually for the evidence of structural damage,silt accumulation and improper Drain Pipes function. + Clean pipes when sediment occupies more than 20%of pipe diameter. t, + Inspect annually for the evidence W of structural damage,silt accumulation and improper function. Swales + Remove sediment once a year. LU + Repair areas of erosion and a revegetate as needed but no less than once a year. N + Mow the grass once a month Un rn Drainage Report-R.doe tD Pennons► STORMWATER MANAGEMENT SYSTEM Inspection and Maintenance Log LO SMP]System Cleaning/ Component Date of Repair CO Maintenance Required.$ Date.of Inspection . Cleaning/Repair Needed Cleaning/ Performed bti Fre, uenc Ins ection. Ins ector list items/comments Re air b. p, during growing season. os Inspect annually for the evidence m of structural damage,silt accumulation and improper sq function. Sediment . Remove sediment deposits when Forebay they reach a depth of 6 inches. Mow the side slopes and basin bottom,remove trash and debris, grass clippings and accumulated organic matter every six months. • Inspect after every major storm during first three months of operation and annually thereafter Infiltration for the evidence of structural Basin/ damage,silt accumulation and Dry Detention improper function. Basin . Mow the side slopes and basin bottom,remove trash and debris, grass clippings-and accumulated or anic matter eve six months. Graded Inspect every spring for erosion. Slopes/ Repair any erosion by placing Rip-Rap rip-rap/loam and seed in place and nurtured Drainage Report-R.doc Bk 10811 Pg 274 #19605 Exhibit A BYLAWS:29—31 HILLCREST FARMS CONDOMINIUM TRUST The provisions of this Exhibit A to 29—31 HILLCREST FARMS CONDOMINIUM TRUST shall constitute the Bylaws of 29—31 HILLCREST FARMS CONDOMINIUM TRUST,the organization of Unit Owners established by said Trust. 1.Powers and Duties of the Trustees The Board of Trustees shall have all powers necessary for administering the affairs of the Condominium as set forth in Massachusetts General Laws,Chapter 183A('Condominiums'), hereinafter called"Chapter 183A,"and they may do any and all acts necessary or desirable for the:administration of the affairs of the Condominium except only for such acts as may not,under law or under the provisions of the Master Deed or this Trust,be delegated to the Trustees by the Unit Owners.Such powers and duties of the Trustees shall include,but shall not be limited to, the°following: (a) operation,care,upkeep and maintenance of the common areas and facilities; (b): determination of the Common Expenses required for the affairs of the Condominium, including but not limited to the operation and maintenance of the common areas and facilities; (c)= collection of the Common Expenses,from the Unit Owners; (d) employment and dismissal of the personnel necessary or advisable for the maintenance and operation of the common areas and facilities; (e): subject to the provisions of Section 7 of these Bylaws,adopting,amending,and administering(including waiving)Rules and Regulations covering the details of the operation and use of the common areas and facilities; (f): opening bank accounts on behalf ofthe Condominium,and,subject to the provisions hereof;designating the signatories required therefor; (g) leasing,managing and otherwise dealing with such facilities as may be provided for in the Master Deed as being common areas and facilities; (h) owning,conveying,encumbering,leasing and otherwise dealing with units conveyed to the Trust or purchased by it as a result of enforcing the lien for Common Expenses,or otherwise; it Bk 10811 Pg 275 #19605 (i) obtaining insurance for the Condominium,including the units,pursuant to the provisions hereof; (j) making repairs,additions and improvements to,or alterations or restoration of,the Condominium,in accordance with the other provisions of this Trust. (k): enforcing obligations of the Unit Owners,allocating income and expenses,and doing anything and everything else necessary and proper for the sound management of the Condominium; (1) subject to the provisions of Subsection(B)of Section 29 of these Bylaws,purchasing or leasing a Unit; (m) purchasing of units at foreclosure or other judicial sales; (n) organizing and maintaining corporations,trusts,or other entities to act as nominee of the Condominium in acquiring title to units on behalf of all Unit Owners under the provisions hereof-, (o) conducting litigation as to any course of action involving the common areas and facilities or arising out of the enforcement of the Bylaws,Rules and Regulations,and Master Deed,and this Trust;and (p); granting permits,licenses and easements over the common areas and facilities for utilities and other purposes reasonably necessary or useful for the proper maintenance or operation of the Condominium project. 2.Common Expenses and Profits (a):. Commencing on the date of the recording of the Master Deed,each Unit Owner shall be liable for Common Expenses and shall be entitled to common profits of the Condominium in the same proportion as his or her beneficial interest in this Trust bears to the aggregate beneficial interest of all the other Unit Owners.The Trustees may at any time or times distribute common profits among the Unit Owners in such proportions.The Trustees shall at all times establish and maintain an adequate reserve fund for the periodic maintenance,repairs and replacement of improvements to the common areas and facilities and those limited common areas that the Trust may be obligated to maintain. Such reserve fiend shall be funded by regular monthly assessments from regular assessments for Common Expenses and shall not be deemed to be common profits available for distribution. (b) In addition to the foregoing(and not in substitution thereof),to ensure that this Trust will have the funds to meet unforeseen expenditures or to purchase any additional equipment or services,a working capital fund kept in a segregated account shall be established equal 12 Bk 10811 Pg 276 #19605 to at least two(2)months'estimated common charges for each unit.Any amounts paid into this fund shall not be considered advance payments of regular assessments.Each unit's share of the working capital fund shall be collected at the time the sale of the unit is closed or at the time control of this Trust is transferred to the Trustees elected by Unit Owners other than the Declarant,as set forth in Section III of this Trust,whichever occurs earlier. This provision can be waived by the Trustees by their mutual agreement. (c)In addition to the foregoing(and not in substitution thereof) the Trustees may,to such extent as they deem advisable,set aside common funds of the Condominium as additional reserves and may use the funds so set aside for reduction of indebtedness or other lawful capital purposes,and,subject to the provisions of Section 4 of these Bylaws,for repair, rebuilding or restoration of the Condominium,or for improvements thereto,and for replacement of the common areas and facilities,and other proper contingencies.The funds so set aside shall not be deemed to be common profits available for distribution. (d)At least thirty(30)days prior to the commencement of each fiscal year of this Trust,the Trustees shall estimate the Common Expenses expected to be incurred during such fiscal year,together with reasonable provision for contingencies and reserves,and for the reserve funds mentioned in Subsection C of this Section 2 and,after taking into account any undistributed common profits from prior years,shall determine the assessment for fiscal year.The Trustees shall promptly furnish Common Expenses to be made for such copies of each budget on which such assessment is based to all Unit Owners and,if requested,to their mortgagees.The Trustees shall promptly render statements to the Unit Owners for the respective shares of such assessment,and each Unit Owner thereafter shall pay one-twelfth(1/12)of his or her share of the estimated Common Expenses monthly in advance on the fust day of each month.The Trustees shall not be obligated to render monthly statements.In the event that,at any time and from time to time,the Trustees shall determine during any fiscal year that the assessment so made is less than the Common Expenses actually incurred or to be incurred,including but not limited to provisions for proper reserve funds,the Trustees shall make a supplemental assessment or assessments and render statements therefor in the manner aforesaid,and such statements shall be payable and take effect as set forth in such statements.The Trustees may,in their discretion,provide for payments of such supplemental assessment statements in monthly or other installments.The Trustees shall have the authority and the duty to levy and enforce the collection of general and special assessments for Common Expenses. With regard to the common areas of the driveway as depicted on plan,the Trustees shall determine the appropriate manner and method of maintenance regarding plowing,etc. (e)The amount of each such statement,for regular or supplemental assessments,together with interest thereon,if not paid when due,at a rate equal to six percent(60/*)above the Bank of Massachusetts prime rate then in effect(but not more than nineteen percent(191/16)per annum),together with all expenses,including attorney fees,inured by the Trustees in any proceeding brought to collect such unpaid Common Expenses and assessments,shall constitute a lien on the unit of the Unit Owner assessed pursuant to the 13 Bk 10811 Pg 277 #29605 provisions of Section 6 of said Chapter 183A and Sections 5 and 5A of Chapter 254,as amended by 1987 Mass.Acts Chapter 338,1989 Mass.Acts Chapter 341,1992 Mass, Acts Chapter 400 and 1993 Mass.Acts Chapter 1,and may be collected by the Trustees pursuant to said statutes.The Trustees shall take prompt action to collect any Common Expenses and assessments due from any Unit Owner that remain unpaid for more than thirty(30)days from the due date thereof,including but not limited to action under the provisions of Massachusetts General Laws Chapters 183A and 254,as amended by 1987 Mass.Acts Chapter 338,1989 Mass.Acts Chapter 341,1992 Mass.Acts Chapter 400 and 1993 Mass.Acts Chapter 1.In the event that the Trustees bring an action to foreclose a lien on any unit pursuant to said statute,the Unit Owner shall pay a reasonable sun,for use and occupancy of his or her unit from the date of foreclosure until the Unit Owner vacates the unit(in such foreclosure action,the plaintiff shall be entitled to the appointment of a receiver to collect the same),but nothing in this sentence shall be deemed to grant any Unit Owner the right to remain in possession of his or her unit after such foreclosure.The Trustees,acting on behalf of all Unit Owners,shall have power to purchase such unit at the foreclosure sale and to acquire,hold,lease,mortgage(but not vote appurtenant to),convey or otherwise deal with the same.A suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing the same.In the event of any suit or foreclosure by the Trustees, the Trustees shall be entitled to interest at a rate equal to six percent(6%)above the Bank of Massachusetts prime rate then in effect(but not more than nineteen percent(19%)per annum)and all costs of collection,suit and foreclosure,including attorney fees.In addition to the Gen in favor of the Trustees for assessments for Common Expenses and assessments,such assessments shall also be the personal obligation of the Unit Owner at the time the assessment fell due. (1) The Trustees shall promptly provide any Unit Owner,or any Unit Buyer who has a duly executed Purchase and Sale Agreement for the acquisition of a unit,or any mortgagee,or the attorney of any such party,with a written statement of all unpaid Common Expenses due with respect to such unit,signed and acknowledged in proper fore,for recording, upon the written request of such Unit Owner or buyer or mortgagee or attorney. Notwithstanding anything to the contrary in this Declaration of Trust,including these Bylaws,such statements may be executed by any two(2)Trustees.Recording such statement in the Essex North District Registry of Deeds shall discharge the unit from any lien for any other sums unpaid not enumeratcd as of the date of such statement to the extent provided by said Chapter 183A. (g)The Trustees shall expend common funds only for common expenses and lawful purposes permitted hereby and by the provisions of said Chapter 183A. (h)Any first mortgagee who obtains title to a Condominium unit,pursuant to the remedies provided in its mortgage or foreclosure of its mortgage,will not be liable for such unit's unpaid dues,common charges,or assessments(including interest and costs of collection and legal fees relating to the collection thereof)that accrue prior to the acquisition of title to such unit by the Mortgagee,provided,however,that notwithstanding the foregoing, 14 Bk 10811 Pg 278 #19605 such first mortgagee shall be liable for such unit's unpaid common expenses,costs and attorney fees as provided in subsection(c)of Section 6 of Chapter 183A,as amended by 1992 Mass,Acts Chapter 400 and 1993 Mass.Acts Chapter 1.The lien for common expense assessments shall not be affected by any sale or transfer of a unit,except that a sale or transfer pursuant to a foreclosure of a first mortgagee shall extinguish a subordinate lien for assessments that became payable prior to such sale or transfer, provided,however,that the lien for common expense assessments shall be affected by the sale or transfer of a unit to the extent set forth in subsection(c)of Section 6 of Chapter 183A,as amended by 1992 Mass.Acts Chapter 400 and 1993 Mass.Acts Chapter 1. Any such delinquent assessments that were extinguished pursuant to the immediately preceding sentence may be reallocated and assessed to all units as a Common Expense. Any such sale or transfer pursuant to a foreclosure shall not relieve the purchaser or transferee of a unit for liability for,nor the unit from the lien of,any assessments made thereafter. 3.insurance (a)The Trustees shall be required to obtain and maintain,to the extent obtainable,the following insurance(and to pay premiums thereon as a Common Expense). (i) fire insurance with extended coverage(covering other perils normally covered by the standard extended coverage endorsement)insuring all portions of the building,including the common areas and facilities of the Condominium,and all of the units and all of the fixtures installed therein on the date of recording the Master Deed,but not including carpeting, drapes,fixtures,furniture,furnishings,or other personal property supplied to or installed by Unit Owners,such insurance covering the interest of the Condominium,the Trustees and all Unit Owners and their mortgagees,as their interests may appear,in an amount equal to one hundred percent (100%)of current replacement cost of the building,common areas and facilities,and units,without deduction for depreciation,with loss payable to the Trustees,as Insurance Trustees for each Unit Owner and the holder of each unit's mortgage.The named insured shall be"the Trustees of The 29—31 Hillorest Farms Condominium Trust,for the use and benefit of the individual Unit Owners and unit mortgagees."Such insurance shall also cover all other perils customarily covered with respect to projects similar in construction,location and use,including all perils normally covered by the standard"all risk"endorsement,where such is available; (ii) workers'compensation insurance if the Trustees shall have an employee or employees; (iii) comprehensive general liability insurance covering all common areas and facilities and any other areas under the supervision of the Trustees,in such amounts and with such coverage as the Trustees shall from time to time 15 Bk 10811 Pg 279 #19605 determine,with a combined single limit for both personal injury,death and property damage,of not less than one million dollars($1,000,000.00), but at least covering each member of the Trustees,the managing agent or the manager,if any,and each Unit Owner and with cross-liability endorsement to cover liabilities of the Condominium to a Unit Owner,and a severability of interest provision precluding the insurer's denial of a Unit Owner's claim because of negligent acts by this Trust or other Unit Owners;and (iv) such other insurance as the Trustees may determine. (b)All such policies shall provide that adjustment of loss shall be made by the Trustees and that the net proceeds thereof shall be payable to the Trustees as Trustee for each Unit Owner and the holder of each unit's mortgage.Each Unit Owner,by accepting delivery of his or her unit deed,appoints the Trustees as Insurance Trustees(or any Insurance Trustee or Substitute Insurance Trustee designated by the Trustees)as attorney-in-fact for the purpose of purchasing and maintaining such insurance,including the collection and appropriate disposition of the proceeds thereof,the negotiation of losses and execution of releases of liability,the execution of all documents,and the performance of all other acts necessary to accomplish such purpose.The Trustees shall periodically reevaluate the amount of public liability insurance to be carried by them as set forth in clause(3)of this Section 3 to the end that the limits of such insurance shall not be less than the amounts specified in said clause(3),or not less than limits of such liability insurance as are carried by other Condominium Unit Owners'Associations in comparable condominiums in North Andover,Massachusetts,whichever is higher. (c)All such policies ofphysical damage insurance shall,insofar as practicable,contain waivers of subrogation as to any claim against the Trustees,their agents and employees, Unit Owners,their respective employees,agents and guests,and of any defense based on invalidity arising from the acts of the insured and shall provide that the insurance will not be prejudiced by any acts or omissions of individual Unit Owners that are not under the control of the Unit Owner's association,and shall provide that such policies may not be canceled or substantially modified without at least twenty(20)days'prior written notice to all of the insureds,including all Unit Owners and mortgagees of units.Recovery thereunder shall not be affected on account ofthe availability of proceeds under any policies obtained by individual Unit Owners covering their own units and shall include a Special Condominium Endorsement(so-called)or its equivalent.Agreed Amount, Inflation Guard and Construction Code endorsements shall be required if available.A certificate of insurance,showing the amount of insurance,shall be issued to the owners of each unit,and the original or a certificate thereof shall,upon request,be delivered to the mortgagee of each unit.The Trustees shall periodically obtain an independent appraisal of the full replacement value of all portions of the building,including all of the units and all of the common areas and facilities,and additions,alterations and improvements, without deduction for depreciation,for the purposes of determining the amount of fire and extended coverage insurance to be effected pursuant to this Section,and the amount 16 Bk 10811 Pg 280 #19605 of such insurance shall in no event be less than the full replacement value so as determined. (d) subject to the provisions of Section 4 of these,Bylaws,insurance proceeds received by the Trustees shall be held in trust in an identified and segregated fund for the benefit of the Unit Owners and all mortgagees of all units.If the cost of restoring the common areas and facilities,or any unit,is estimated by the Trustees to exceed the sum of one thousand dollars($1,000.00),then the Trustees shall give written notice of such loss to all eligible Mortgage Holders and all eligible Insurers and Guarantors,as herein defined. (e) The cost of all such insurance obtained and maintained by the Trustees pursuant to the provisions of this section 3 shall be a Common Expense of the Condominium. {f}: Any such insurance obtained and maintained by the Trustees pursuant to the provisions of this Section 3 may have a deductible amount to be determined from time to time by the Trustees(but in no event shall such deductible amount be greater than the Iesser of five thousand dollars($5,000.00)or one percent(1°fo)of the policy face amount),who shall simultaneously specify,in writing with notice to all Unit Owners,how and by whom the amount of the deductible shall be paid in the event of a loss. (g)' All insurance obtained and maintained by the Trustees shall conform to applicable requirements of the Federal Home Loan Mortgage Corporation('FHLMC')and the Federal National Mortgage Association CTNUA!),so long as FHLMC or FNMA hold one or more mortgages on units in the Condominium or any interest therein. (b). Bach Unit Owner may carry insurance at his or her own expense for his or her own benefit insuring,inter alia,his or her carpeting,drapes,fixtures,furniture,furnishings and other personal property.He or she may also cavy insurance for personal liability and loss assessment coverage,provided that all such policies shall contain waivers of subrogation, and further provided that the liability of the carriers issuing insurance obtained by the Trustees shall not be affected or diminished by reason of any such additional insurance carried by a Unit Owner.Each Unit Owner shall promptly notify the Trustees of all improvements made by him or her to his or her unit the insurable replacement cost of which exceeds one thousand dollars($1,000.00),and such Unit Owner shall pay to the Trustees as an addition to his or her share of the Common Expenses of the Condominium otherwise payable by such owner any increase in insurance premium incurred by this Trust that results from such improvement. (i) Nothing shall be done or kept in any unit or in the common areas and facilities that will increase the rate of insurance on the buildings or the contents thereof without the prior written consent of the Trustees,unless the Unit Owner responsible for such increase shall agree to pay the amount of such increase. 17 Bk 10811 Pg 281 #19605 I 4.Rebuilding and Restoration (a)In the event of damage to or destruction of the common areas and facilities as a result of fire or other casualty(unless Subsection 6 of this Section is applicable),or,in the event of damage to or destruction of any unit as a result of fire or other casualty,whether or not the common areas and facilities have been damaged or destroyed(unless Subsection 6 of this Section is applicable),the Trustees shall promptly adjust the loss,arrange for the prompt repair or restoration of the same,and disburse the proceeds of all insurance policies in payment of all costs and expenses actually incurred in connection with such repair or restoration in appropriate progress payments and with appropriate retainage.All insurance proceeds paid to the Trustees as Insurance Trustees on account of any casualty shall be dedicated first to the repair or restoration of the loss,and any application of said proceeds by the Trustees on account thereof shall be prior to the application of such proceeds for any other purposes. (b)In the event that the insurance proceeds are not sufficient to cover the cost of repairs to the common areas and facilities and the units,the proceeds will be first allocated to the cost of repairs to the common areas and facilities.The balance,if any,will go to the cost of repairs to the units in proportion to the cost of all repairs to the respective units as determined by the insurer or by independent appraisal.To the extent that the proceeds allocated as aforesaid are insufficient to cover the cost of repairs to the common areas and facilities,the balance of the cost of such repairs will be assessed against all Unit Owners as a Common Expense.To the extent that the proceeds allocated as aforesaid are insufficient to cover the cost of repairs to the units,the balance of the cost of such repairs to each unit will be assessed against all Unit Owners as a Common Expense. (c)Whenever the estimated cost of repair or restoration exceeds,as to any one casualty or occurrence,on the basis of an independent appraisal,the sum of twenty-five thousand dollars($25,000.00),then the Trustees shall retain a registered architect or registered engineer,who shall not be,directly or indirectly,a Unit Owner or an employee or agent of any Unit Owner,or a Trustee or an employee or agent of any of the Trustees,or the manager,if any,or any employee or agent of such manager,to supervise the work of repair or restoration.No sums shall be paid by the Trustees on account of such repair or restoration except upon certification to them by such architect or engineer that the work for which payment is being made has been completed in a good and workmanlike manner in accordance with approved plans and specifications and that the estimated total cost of completion of said repair or restoration,less amounts theretofore advanced,does not exceed the undisbursed proceeds of insurance as augmented by fimds obtained by any assessment or assessments levied or chargeable to the Unit Owners as a Common Expense. (d) The Trustees may perform emergency work essential to the preservation and safety of the Condominium,including all parts of the building and the common areas and facilities and the units,or the safety of persons,or required to avoid the suspension of any essential 18 Bk 10811 Pg 282 #19605 service to the Condominium,including all parts of the building and the common areas and facilities and the units,without having first engaged an architect or engineer,adjusted the loss or obtained proceeds of insurance. (e) Subject always to the prior rights of the Unit Mortgagees,if there shall have been a repair or restoration pursuant to the foregoing,and the amount of insurance proceeds shall have exceeded the cost of such repair or restoration,then the excess of such insurance proceeds,if any,shall be added to the Condominium's reserve fund or,at the option of the Trustees,divided among all the Unit Owners in proportion to their respective interests in the common areas and facilities. 5.Condemnation If more than ten percent(l0%)in value of the Condominium is taken under the power of Eminent Domain,then the taking shalt be treated as a casualty loss,and the provisions of Section 4 of these Bylaws and the provisions of Chapter 183A,Section 17 shall apply.Where one or more units have been substantially altered or rendered uninhabitable as a result of a partial taking,and the Unit Owners vote to restore and continue the Condominium pursuant to Section 17 of said Chapter 183A,the Trustees shall have the authority to acquire the remaining portions of such units for such price as the Trustees shall determine,provided that any Unit Owner of such remaining portion who does not agree with such determination may apply to the Superior Court of Essex County,on such notice to the Trustees and the other Unit Owners as the Court shall direct,for an order directing the purchase of such remaining portion at the fair market value thereof as approved by the Court.Where,as a result of a partial taking,any unit is decreased in size or where the number of units is decreased by a partial taking,then the Trustees may make such provision for realignment of the percentage interest in the common areas and facilities as shall be just and equitable. In the event of a total or partial taking under the powers of eminent domain,the Unit Owners shall be represented by the Condominium acting through the Trustees.In the event of a partial taking,the award shall be allocated to the respective Unit Owners according to their undivided interest in the common areas and facilities,except as to such portion or portions of the award that are:attributable to direct or consequential damages suffered by particular units as determined by the;Court,which shall be payable to such Unit Owners or their mortgagees,as their interests may appear.Subject always to the prior rights of the Unit Mortgagees,in the case of a total taking of all units and the common areas and facilities,the entire award shall be payable to the Trustees to be distributed to the Unit Owners and their mortgagees in accordance with their respective percentage interests in the common areas and facilities. 6.Improvements Improvements to the common areas and facilities can be made if both unit owners agree and they shall assess the cost thereof to all Unit Owners as a Common Expense. 19 Bk 10811 Pg 283 #19605 7.Rules and Regulations (a) The Trustees have adopted the initial Rules and Regulations set forth on Exhibit B,which is annexed hereto and hereby incorporated herein by this reference and made a part hereof,governing the details of the operation and use of the common areas and facilities and containing such restrictions on,and requirements respecting the use and maintenance of,the common areas and facilities as are consistent with the provisions of the.Master Deed and designed to prevent unreasonable interference with the use by the Unit Owners of the common areas and facilities. (b): The Trustees shall administer such Rules and Regulations. (e) The Trustees may at any time and from time to time amend,rescind and waive any or all such Rules and Regulations. (d); The Trustees may at any time and from time to time adopt other Rules and Regulations governing the details of the operation and use of the common areas and facilities and containing such restrictions on,and requirements respecting the use and maintenance of, the common areas and facilities as are consistent with the provisions of the Master Deed and designed to prevent unreasonable interference with the use by the Unit Owners of the common areas and facilities. 8.Meetings The Board of Trustees shall meet annually on the date of the Annual Meeting of the Unit Owners.Other meetings may be called by any Trustee,and in such other manner as the Trustees may establish,provided,however,that written notice of each meeting,shall be given at least five (5)days before such meeting to each member of the Board of Trustees. 9.Notices to Unit Owners Every notice to any Unit Owner required under the provisions hereof,or that may be deemed by ther Trustees necessary or desirable in connection with the execution of the Trust created hereby or that maybe ordered in any judicial proceeding,shall be deemed sufficient and binding if a written or printed copy of such notice shall be given by one or more of the Trustees to such Unit Owner by leaving such notice with him or her at his or her residence in the Condominium or by mailing it,postage prepaid,addressed to such Unit Owner at his or her address as it appears upon the_records of the Trustees,at least five(5)days prior to the date fixed for the happening of the matter,thing or event of which such notice is given,unless a different period for the giving of such notice is specified in these Bylaws. 20 Bk 10811 Pg 284 #19605 10.Inspection of Books;Reports to Unit Owners The Trustees shall keep detailed records of their actions,and financial records and books of account of the Condominium,including a chronological list of receipts and expenditures,as well as a separate account for each unit,which,among other things,shall contain the amount of each assessment of Common Expenses against such unit,the date when due,the amounts paid thereon,and the balance remaining unpaid.Copies of the Master Deed,this Trust and these Bylaws,Rules and Regulations,and floor plans of the building,as the same may be amended from time to time,shall be maintained at the office of the Trustees.All of the foregoing records, accounts and documents shall be available for inspection by Unit Owners,their authorized agents,and lenders,mortgagees,holders,insurers and guarantors of any mortgage on any unit at all reasonable times."Available"shall mean available for inspection,upon request,during normal business hours or under other reasonable circumstances.The Trustees shall,as soon as reasonably possible,after the close of each fiscal year,or more often,if convenient to them, submit to the Unit Owners a report of the operation of the Trustees for such year,which shall include financial statements in such summary form and in such detail as the Trustees shall deem proper.Except in the case of fraud,committed by any Trustee,any person(other than a mortgagee or mortgage insurer or guarantor)who has been famished with such report and shall have failed to obj ect thereto by notice in writing to the Trustees,given by registered or certified mail within a period of sixty(60)days of the date of receipt by him or her,shall be deemed to have assented thereto.The holders of fifty-one percent(51°10)or more of first mortgages shall be entitled to have an audited statement prepared at their expense within a reasonable time if one is not otherwise available. 11.:Checks and Notes Checks,drafts and other instruments for the payment of money drawn or endorsed in the names of the Trustees or of the Trust must be signed by both Trustees or by any person or persons(who may be one of the Trustees)to whom such power may,at any time or from time to time,be designated by all of the Trustees.All vouchers for the payment of any Common Expense shall be approved by not less than three(3)Trustees in each instance. 12.:Seal The Trustees may,at any time or from time to time,at their discretion,adopt a seal circular in form bearing the name of this Trust and the year in which this instrument was recorded in the Registry of Deeds,or a common or wafer seal,which shall be valid for all purposes. M Fiscal Year The fiscal year of the Trust shall be the calendar year or such other date as may from time to time be determined by the Trustees. 21 I i Bk 10811 Pg 285 #19605 14:Management;Employees The Trustees may employ for the condominium a managing agent and a manager at the compensation established by the Trustees,to perform such duties and services as are customarily and usually performed by Condominium property managers in the Merrimack Valley area Notwithstanding anything to the contrary herein,any agreement for professional management of the Condominium shall provide that the management contract maybe terminated without cause and without payment of a termination fee or penalty on ninety(90)days'written notice or less, and the term of any such contract shall not exceed three(3)years,except that the term of any such contract entered into at any time during the term of the Initial Board of Trustees shall not exceed six(6)months. 15.Use of Units (a)No unit shall be occupied for nonresidential purposes,nor by more than one(1)family per unit nor more than three(3)unrelated persons per unit,provided,however,that any of the units may also be used as an office and/or artist's studio,but only accessory to such residential use and only if and to the extent such accessory office and/or artist's studio use is permitted by applicable zoning laws.So long as any unit mortgage or interest therein is held by the Federal National Mortgage Association("FNMA"),no nonresidential space that is part of the Condominium may constitute,in FNMA's judgment,an inordinate amount of space devoted to nonresidential purposes. (b) If any unit or units are used for office and/or artist's studio purposes accessory to such residential use as set forth in Subsection A hereof,no signs or advertising shall be displayed on the exterior of the unit or units so used or in any part of the common areas or in or upon any part of the Condominium except for a nameplate on the mailbox,which shall be no larger than the nameplate slot on such mailbox.The visitation of business associates,clients and the general public with respect to such office use shall be substantially infrequent,and not more than one employee who is not a resident of any unit in the Condominium shall be employed therein(in addition to the resident of the unit being used for accessory office use). (c)Each Unit Owner shall be obligated to maintain his or her own unit and appurtenances thereto in good order and repair. 16.Use of Common Areas and Facilities A Unit Owner shall not place or cause to be placed in the common areas and facilities any furniture,packages or objects of any kind.The stairways shall be used for no purpose other than foraormal transit through them. 22 Bk 10811 Pg 286 #19605 17.Attorneys,Accountants,Appraisers The Trustees may,but need not,engage the services of attorneys,accountants,appraisers, architects,engineers,and other professionals in connection with their duties as such Trustees, upon the payment of such fees and upon such other terms and conditions as the Trustees shall decide,and such fees and other expenses in connection with such employment shall be C- Expenses of the Condominium.In the absence of fraud,the Trustees shall be protected in reasonably relying upon the opinion of such attorneys,accountants,appraisers,architects, engineers,or other professionals engaged by the Trustees pursuant to their duties as such Trustees. 18.Electricity,Gas,Other Utilities Electricity and Gas shall be supplied by the public utilities servicing the area in which the Condominium is located,directly to each unit through separate meters.Each Unit Owner shall be required to pay all bills and assessments for electricity,gas and other utilities,if any,consumed or used in his or her unit. 19.Violations by Unit Owners The violation of any rule or regulation adopted by the Trustees,or the breach of any of these Bylaws,or the breach of any provisions of the Master Deed or of this Trust or for the offending Unit Owner's Unit Deed shall give the Trustees the right,in addition to any other rights set forth in these Bylaws,to enjoin.,abate or remedy by appropriate legal proceedings,either at law or in equity,or both,the continuance of any such breach.In addition to the foregoing,and not in substitution therefor,the Trustees shall have the power to levy fines against Unit Owners for such violations.No fine may be levied for more than twenty-five dollars($25.00)for any one violation,but each day a violation continues after notice shall be considered a separate violation. Collection of fines may be enforced against the Unit Owner or Unit Owners involved as if the fines were Common Expenses owed by the particular Unit Owner or Unit Owners.In the case of persistent violations by a Unit Owner,the Trustees shall have the power,after notice and a hearing pursuant to Section 34 hereof,to require such Unit Owners to post a bond to secure adherence to said Mules and Regulations,Bylaws,Master Deed,this Trust,or said Unit Deed. 20.Violation of Law No noxious or unlawful activity shall be carried on in any unit or in the common areas and facilities nor shall anything be done therein,either willfully or negligently,that may be or become unreasonably annoying to the other Unit Owners or occupants.No Unit Owner shall make or permit any disturbing noises by himself or herself,his or her family,guests,agents, servants,employees,licensees,or tenants,nor do or permit anything by such persons that will unreasonably interfere with the rights,comforts or conveniences of other Unit Owners or occupants. 23 Bk 10811 Pg 287 #19605 21.Maintenance and Repairs (a)All maintenance and replacement of and repairs to any unit,ordinary or extraordinary other than to the common area and facilities contained therein not necessitated by the negligence,misuse or neglect of such Unit Owner,and to the doors and windows,and to electrical,plumbing,and heating fixtures within the unit or belonging to the Unit Owner that are not a part of the common areas and facilities,and the washing of exterior glass of his or her unit shall be done by the Unit Owner at the Unit Owner's expense,excepting as otherwise specifically provided herein.Each Unit Owner shall be responsible for all damage to any and all other units and to the common areas and facilities that his or her failure so to do may engender. (b) All maintenance,and replacements of and repairs to the common areas and facilities as defined in the Master Deed,and all maintenance,and replacement of and repairs to the exterior walls of the building and to structural parts of the building and the painting and decorating of the exterior doors of the building and exterior window sash,shall be made by the Trustees and shall be charged to each of the Unit Owners as a Common Expense, except to the extent that the same are necessitated by the negligence,misuse or neglect of a Unit Owner,in which case such expense shall be charged to such Unit Owner. 2Z.;Right of Access Subject to the provisions of said Chapter 183A,Section 4,Clause(2),the Trustees in their capacities as such,and any manager engaged by them,and any persons authorized by the Trustees or such manager,shall have a right of access to all units in the Condominium,at any time in case of emergency,and at all other times during reasonable times by prior appointment with each Unit Owner,for the purpose of making inspections or repairs to either the unit to which such persons seek access,or to another unit,or to any part of the common areas and facilities. 23.Household Pets Unit owners shall be allowed to keep no more than 2 cats and/or one dog. If the pet creates excessive noise,is allowed to be outdoors except on a leash,or in any way creates a disturbance, the.Trustees may order that the pet be removed from the Condominium,and the Owner of the pet shall immediately comply with such request. Each owner shall hold the Trustees and each of the other Unit Owners and their respective agents and employees harmless against loss,liability, damages or expense for any actions of his or her pet(s)within the Condominium. 24.;Structural Integrity Nothing shall be done or maintained in any unit or in the common areas and facilities that will impair the structural integrity of any part of the building of the Condominium. 24 Bk 10811 Pg 288 #19605 25 No Alterations Neither the exterior of any unit nor the common areas and facilities nor the stairways shall be altered,constructed,removed,decorated or painted in any manner except with the written consent of the Trustees.Any Unit Owner is free to decorate the interior of his or her unit in any manner as he or she sees fit without requiring the consent of the Trustees so long as such decorations do not alter the structure of the unit or the building. 26.1 Signs Except only as set forth in Subsection 2 of Section 15("Use of Units")of the Bylaws of this Trust,no business,professional,commercial or other signs,whether designed for profit,altruism or otherwise,shall be maintained or permitted on any part of the property,nor shall any TO, Sale,""Far Rent,"or"For Lease"sign be permitted thereon except by the Declarant during such time as the Declarant owns one or more units in the Condominium and except for any Mortgagee who may become the owner or Mortgagee in possession of any unit,but in no event shall any such sign be larger than two(2)square feet. 27 Combustible Materials No Unit Owner shall permit or suffer to be kept at any time any flammable,combustible or explosive fluid or substance on the property of the Condominium or in his or her unit except for such lighting and cleaning fluids as are customary for residential use. 2$.Safety Each Unit Owner assumes complete responsibility for the safety of himself or herself,his or her family,guests,agents,servants,employees,licensees and tenants while such persons are in his or her unit,or any other unit or in the common areas and facilities of the Condominium. 29.Sale of Units (Aj:No Severance of Ownership No Unit Owner shall execute any deed,mortgage,or other instrument conveying or mortgaging title to his or her unit without including therein the Appurtenant Interests(as hereinafter defined), it tieing the intention hereof to prevent any severance of such combined ownership.Any such deed,mortgage,or other instrument purporting to affect one or more of such interests,without including all such interests,shall be deemed and taken to include the interest or interests so omitted,even though the latter shall not be expressly mentioned or described therein.No part of the.Appurtenant Interests of any unit may be sold,transferred,or otherwise disposed of,except as part of a sale,transfer,or other disposition of the unit to which such interests are appurtenant, or as part of a sale,transfer,or other disposition of such part of the Appurtenant Interest of all units.As used herein,"Appurtenant Interests"shall include 25 Bk 10811 Pg 289 #19605 (i); the undivided interest of a Unit Owner in the common areas and facilities; (ii): the interest of such Unit Owner in any other assets of this Trust;and (iii) any exclusive rights and easements set forth in Paragraph(3)of the Master Deed. j (B)Payment ofAssessments No Unit Owner shall convey,mortgage,pledge,hypothecate,sell or lease his or her unit unless and until he or she shall have paid in full to the Trustees all unpaid Common Expenses, theretofore assessed by the Trustees against his or her unit and until he or she shall have satisfied all unpaid liens against such unit.This paragraph shall not apply to any first mortgagee o£any unit. 36 Tenants Any Unit Owner may lease or rent his or her unit,subject,however,to the following conditions: (A)Any lease or occupancy agreement shall: (i) be in writing and apply to the entire unit and not merely a portion thereof; (ii) be for a term of at least twelve(12)months; (iii) expressly provide that the lease or occupancy agreement shall be subject in every respect to the Master Deed of the Condominium,the Declaration of Trust of the Condominium Trust,and the Bylaws and Rules and Regulations thereof,as the same have been amended most recently prior to the execution of the lease or occupancy agreement; (iv) contain the following notice,in capital letters,double spaced: IMPORTANT CLAUSE: "THE APARTMENT UNIT BEING LEASED[RENTED] UNDER THIS LEASE[OCCUPANCY AGREEMENT]IS LOCATED IN A CONDOMINIUM BUILDING--NOT A RENTAL APARTMENT HOUSE.THE CONDOMINIUM BUILDING IS OCCUPIED BY THE INDIVIDUAL OWNERS OF EACH APARTMENT(EXCEPT FOR CERTAIN APARTMENTS,SUCH AS THIS ONE,WHICH ARE BEING OCCUPIED BY TENANTS).THE TENANT UNDERSTANDS THAT HIS OR HER NEIGHBORS IN THE BUILDING ARE 26 Bk 10811 Pg 290 #19605 (EXCEPT AS AFORESAID)THE OWNERS OF THE HOMES THEY OCCUPY AND NOT TENANTS LIVING IN A RENTAL APARTMENT HOUSE.THE TENANT,BY SIGNING THIS LEASE[OCCUPANCY AGREEMENT]ACKNOWLEDGES THAT HE OR SHE HAS BEEN FURNISHED WITH A COPY OF THE MASTER DEED OF THE CONDOMINIUM,THE DECLARATION OF TRUST OF THE CONDOMINIUM TRUST i AND THE BYLAWS AND RULES AND REGULATIONS THERETO AND THAT HE OR SHE HAS READ AND UNDERSTANDS THE SAME AND THAT HE OR SHE WILL BE EXPECTED TO COMPLY IN ALL RESPECTS WITH THE SAME.THE TENANT UNDERSTANDS THAT IN THE EVENT OF ANY NONCOMPLIANCE,THE TENANT MAY BE EVICTED BY THE TRUSTEES OF THE CONDOMINIUM TRUST(WHO ARE ELECTED BY THE UNIT OWNERS);IN ADDITION,THE TENANT MAY HAVE TO PAY FINES, PENALTIES AND OTHER CHARGES;AND THE PROVISIONS OF THIS CLAUSE TAKE PRECEDENCE OVER ANY OTHER PROVISION OF THIS LEASE[OCCUPANCY AGREEMENT];"and (v) Any failure by the tenant to comply in all respects with the provisions of the Master Deed of the Condominium,the Declaration of Trust of the Condominium Trust and the Bylaws and Rules and Regulations thereto shall constitute a material default in the lease(occupancy agreement).In the event of such default,the Trustees of the Condominium Trust shall have the following rights and remedies against both the Unit Owner and the tenant,in addition to all other rights and remedies that the Trustees and the Unit Owners(other than the owner of the affected unit)have or may in the future have,against both the owner of the affected unit and the tenant. All rights and remedies of the Trustees and the Unit Owners(other than the owner of the affected unit)are deemed at all times to be cumulative and not exclusive as follows: (a) The Trustees shall have the right to give written notice of the default to both the tenant and the Unit Owner.Said notice shall be deemed properly given if left in any part of the unit addressed to the tenant,and mailed,postage prepaid,registered or certified mail,return receipt requested,addressed to the owner of the unit as such address then appears on the records of Trustees or by delivering said notice in hand or by delivering said notice in any other manner permitted by law. (b) If the default continues for five(5)days after giving said i ; 27 i I I Bk 10811 Pg 291 #19605 notice,then the Trustees shall have the right to levy fines against the owner of the affected unit in accordance with the provisions of Section 20 of the Bylaws and terminate the tenancy by giving notice in writing to quit to the tenant in any manner permitted by law,in the name of the landlord(Unit Owner)or in the name of the Trustees,or both.In case of a tenancy at will,the time of such notice shall be sufficient if it equals the interval between the days of rent payment or thirty(30)days,whichever is longer.In case of a lease,seven(7)days'notice shall be sufficient.In either event,a copy of such notice to quit shall be delivered or mailed to the landlord(Unit Owner)in the manner set forth hereinabove.Thereafter,the Trustees may initiate and prosecute a summary process action against the tenant under the provisions of Chapter 231 in the name of the landlord or in the name of the Trustees,or both. (c) The Trustees shall be entitled to levy a fine or fines,or give a notice or notices to quit followed by a summary process action or actions.The Trustee's may elect to pursue any of the foregoing remedies,either at the same time,or in the event of any further default. (d) All of the expenses o£the Trustees in giving notice and notices to quit and maintaining and pursuing summary process actions and any appeals therefrom shall be entirely at the expense of the owner of the affected unit.Such costs and expenses maybe enforced and collected against the Unit Owner and unit as if the same were Common Expenses owed by the unit or Unit Owner. (B) (i) The Unit Owner shall make reasonable efforts,at his or her expense and upon his or her initiative to inform rental agents of the provision of this section and shall,at his or her own expense,and upon his or her own initiative,furnish copies of the Condominium documents to the tenant and cause the lease or occupancy agreement to be prepared in conformity with the provisions of this Section. Any renewal or extension of any lease or occupancy agreement shall be subject to the prior written approval of the Trustees in each instance.Such approval shall not limit any rights or remedies of the Trustees or Unit Owners in the event of a subsequent default. A true copy of the lease or occupancy agreement shall be delivered to the 28 I Bk 10811 Pg 292 #19605 Trustees forthwith upon its execution. (iv) The provisions of this Section shall take precedence aver any other Section in the lease or occupancy agreement. (v) Notwithstanding anything to the contrary herein and notwithstanding any custom,law,or usage to the contrary,it is expressly understood and agreed that neither the Trustees nor the Unit Owners shall ever bear any personal or individual responsibility with respect to said lease or occupancy agreement. (vi) Every lease or occupancy agreement shall have,attached thereto,and incorporated therein by reference,a copy of this Section. Notwithstanding anything to the contrary in this Section,it is expressly understood and agreed that the provisions of this Section 30 shall not apply to the Declarant nor to any first mortgagee in possession of a unit following default by the Unit Owner in his or her mortgage or holding title to a unit by virtue of a mortgage foreclosure proceeding or deed or other agreement in lieu of foreclosure. 31 Nondiscrimination Notwithstanding anything to the contrary herein,no part of this Trust or these Bylaws or the Rules and Regulations now or hereafter adopted or promulgated(including but not limited to the provisions of Section 30)shall ever be deemed to prevent,restrict,discourage,or hinder,in fact, in any manner whatsoever,the alienation,conveyance,mortgage,purchase,sale,rental,lease, license,use,or occupancy of units or any negotiations in connection therewith because of race, religion,creed,color,national origin,sex,sexual preference,age,ancestry,marital status, blindness,status as a veteran or member of the armed services,membership in any ethnic group, or by reason of the fact that children will occupy such unit,receipt of public assistance,or,in addition to the foregoing,by any reason whatsoever prohibited by any federal,state,county or municipal law. 32.;Percentage of Unit Owners V&enever the term"Percentage of Unit Owners"or"Percentage of Units"is used in this instrument,it shall mean the owners of the specified percentage in the aggregate in interest of the undivided ownership in the common areas and facilities of the Condominium. 33.Protection of Mortgagees;Federal Home Loan Mortgage Corporation;Federal National Mortgage Association A.Defmitions (i) The term"FHLMC"means Federal Home Loan Mortgage Corporation. 29 Bk 10811 Fg 293 #19605 (ii); The teen"FNMA"means Federal National Mortgage Association. (iii) The term"eligible Mortgage Holder"means a holder of a first mortgage on a unit who has requested notice of certain matters from this Trust as set forth in these Bylaws. (iv) The term"eligible Insurer or Guarantor"means an insurer or governmental guarantor of a first mortgage who has requested notice of certain matters as set forth in these Bylaws. (v). The term"Constituent Documents"means,collectively,the Master Deed,this Trust and the Bylaws and Rules and Regulations thereto and the Master Plans. B.Prohibitions Notwithstanding anything to the contrary in the Constituent Documents: (i) There shall be no restriction upon any Unit Owner's right of ingress or egress to his or her unit,which right shalt be perpetual and appurtenant to the ownership of the unit. There shall be no restriction on the right of a Unit Owner to sell,transfer or otherwise convey his or her unit.There shall be no`right of first refusal"so-called or any similar restriction. (iii) There shall be no restriction on the right of any Unit Owner to mortgage or otherwise encumber his or her unit. (iv) The Condominium shall not be subject to"expansion"or"phases,"so-called. (v)' Prior to the passage of control of this Trust to consumer unit purchasers,no contract or lease(including management contracts)shall be entered into unless this Trust is provided with a right of termination of any such contract or lease with or without cause, exercisable without penalty at any time after transfer of control,upon not more than 90 days'notice to the other party thereto. (vi) The Constituent Documents shall not be amended or modified if the result of any such amendment or modification would: (a) add a"right of first refusal'so-called;or (b) permit an addition or expansion to the Condominium project in which sections or phases are established. C Rights of Eligible Mortgage Holders and EligiNe Insurers or Guarantors Notice of Action:Upon written request to this Trust identifying the name and address of the 30 Bk 14811 Pg 294 #19605 mortgage holder,insurer or guarantor and the unit number or address,any first mortgagee and any such eligible Mortgage Bolder or eligible Insurer or Guarantor will be entitled to timely written notice of: I (i) any condemnation loss or any casualty loss that affects either a material portion of the project or any unit on which there is a first mortgage held,insured,or guaranteed by such eligible mortgage holder or eligible insurer or guarantor,as applicable; any delinquency in the payment of assessments or charges owed,or default in the performance by the borrower of any obligation under the Condominium Constituent Documents,by an owner of a unit subject to a first mortgage held,insured or guaranteed by such first Mortgage Holder or eligible holder or eligible Insurer or Guarantor,which remains uncured for a period of 60 days; (iii) any lapse,cancellation or material modification of any insurance policy or fidelity bond maintained by the Trust;and (iv) any proposed action that would require the consent of a specified percentage of eligible mortgage holders. D.Amendment to Documents (i) Where Unit Owners are considering termination of the legal status of the project for reasons other than substantial destruction or condemnation of the property,the consent of owners of units to which one hundred percent(1001/o)ofthe votes in this Trust are allocated and the approval of eligible Mortgage Holders representing at least sixty-seven percent(67%)of the votes of the mortgaged units shall be required to terminate the legal status of the project as a Condominium. (ii) The consent of the owners of units to which at least seventy-five percent(75%)of the votes in this Trust are allocated,and the approval of at least fifty-one percent(51%)of the eligible Mortgage Holders(based on one vote for each unit subject to a mortgage held by an eligible Mortgage Holder),shall be required to add or amend any material provisions of the constituent documents of the project,which establish,provide for, govern or regulate any of the following: (a) voting rights; (b) assessments,assessment liens or subordination of such liens; (o) reserves for maintenance,repair and replacement of the common areas; (d) insurance or fidelity bond requirements; (e) rights to use the common areas; 31 Bk 10811 Pg 295 #19605 (1) responsibility for maintenance and repairs; (g) expansion or contraction of the project or the addition,annexation or withdrawal ofproperty to or from the project; (h) definitions of unit boundaries; (f) interests in the general or limited common areas; (j) convertibility of units into common areas or of common areas into units; (k) leasing units; (1) reallocation of interests in the general or limited common areas ar rights to their use; (m) a decision by the Trust to establish self-management when professional management had been required previously by an eligible Mortgage Holder; (n) imposition of any restrictions on a Unit owner's right to sell or transfer his or her unit; (o) restoration or repair of the project(after hazard damage or partial condemnation)in a manner other than that specified in the Condominium Constituent Documents; (p) any action to terminate the legal status of the project after substantial destruction or condemnation occurs;or (q) any provisions that are for the express benefit of Mortgage folders, eligible Mortgage Holders or eligible Insurers or Guarantors of mortgages on units. An addition or amendment to such documents shall not be considered material if it is for the purpose of correcting technical errors or for clarification only.An eligible Mortgage Holder who receives a written request to approve additions or amendments that are not material who does not submit a response to the requesting party within thirty(30)days after the request is made shall be deemed to have approved such request.Additionally,if specifically provided by any applicable FNMA regulation,implied approval of any addition or amendment may be assumed when an eligible Mortgage Holder fails to submit a response to any written proposal for an amendment within 30 days after the proper notice of the proposal is received,provided the notice has been delivered to the Mortgage Holder by certified or registered mail,return receipt requested.This clause(iii) 32 Bk 10811 Pg 296 #19605 f i i shall not apply to FHLMC. I E.night ofAcdon This Trust and any aggrieved Unit Owner shall have a right of action against Unit Owners for failure to comply with the provisions of this Trust and the Bylaws and Rules and Regulations thereto,the Master Deed,the Master Plans and each unit deed and unit plan,and with decisions of the Trustees of this Trust.Each Unit Owner shall have a similar right of action against this Trust.Any such action may be brought in any court of competent jurisdiction. F.First Mortgagee Obtaining IVe Except as otherwise provided in Chapter 183A,any first mortgagee who obtains title to a Condominium unit pursuant to the remedies provided in the mortgage or foreclosure of the mortgage will not be liable for such unit's unpaid dues or charges that accrue prior to the acquisition of title to such unit by the mortgagee. G.Additional Prohibitions Except as provided by statute in case of condemnation or substantial loss to the units and/or common elements of the Condominium project,unless at least two-thirds of the first mortgagees (based upon one vote for each first mortgage owned)or owners(other than the sponsor, developer or builder)of the individual Condominium units have given their prior written approval,this Trust shall not be entitled to: (i) By act or omission,seek to abandon or terminate the Condominium project; (ii) Change the pro rata interest or obligations of any individual Condominium unit for the purpose of(l)levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards or(2)determining the pro rata share of ownership of each Condominium unit in the common elements; (iii) Partition or subdivide any Condominium unit; (iv) By act or omission,seek to abandon,partition,subdivide,encumber,sell or transfer the common elements.(Granting easements for public utilities or for other public purposes consistent with the intended use of the common elements by the Condominium project shall not be deemed a transfer within the meaning of this clause); (v) Use hazard insurance proceeds for losses to any Condominium property(whether to units or to common elements)for other than the repair,replacement or reconstruction of such Condominium property; (vi) No provisions of the constituent documents shall give any Unit Owner or Owners or any other party or parties priority over any rights of first mortgagees of Condominium units 33 Bk 10811 Pg 297 #19605 pursuant to their mortgages in the case of a payment to Condominium Unit Owners of insurance proceeds or condemnation awards for losses to or taking of Condominium units and/or common areas and Facilities. ..'Vote or Consent The right of any Unit Owner to vote or grant or withhold any consent or exercise any rights pursuant to the provisions of this Trust or the Master Deed may be assigned to or restricted in favor of any mortgagee.The Trustees shall be bound by such assignment or restriction,provided, however,that such assignment or restriction*does not conflict with the provisions of said Chapter 183A and that the mortgagee has notified the Trustees of such assignment or restriction in writing. L Information The Trust shall promptly deliver the following information,in writing,to any mortgagee, mortgage holder,mortgage servicer,FHLMC or FNMA,requesting same,without expense to the requesting party: (i) notification of any default in the performance by the individual unit borrower of any obligation under the Condominium Constituent Documents that is not cured within sixty (60)days; a written certification as to whether the owner of any unit encumbered by a mortgage held or serviced,in whole or in part,by the requesting party,is more than one(1)month delinquent in the payment of Condominium common area charges or assessments; (iii) written certification as to the percentage ofUnit Owners who are more than one(1) month delinquent in paying Condominium common area charges or assessments;and (iv) a statement to the best of the Trust's knowledge as to the percentage of units that have been sold and conveyed to bona fide purchasers(who have closed or who are legally obligated to close)and the percentage o£uriits that are occupied by individual Unit Owners as their primary year-round residence. J.FHLMC;FNMA The provisions of this Section 33 are set forth so that the Condominium will comply with the requirements of FHLMC and FNMA,and the provisions of this Section 33 shall be construed and interpreted in accordance with that intention.Notwithstanding anything to the contrary in the Constituent Documents,the provisions of this Section 33 shall at all times take precedence over all other provisions in the Constituent Documents,and this Section 33 shall not be amended or modified without the express prior written consent of FHLMC and FNMA,except as expressly 34 Bk 10811 Pg 298 #19605 provided in the immediately following sentence.In the event that,at any time and from time to time,applicable Rules and Regulations of FHLMC or FNMA are changed or modified,then and in any such event or events,the prohibition contained in the immediately foregoing sentence shall be deemed to be changed and modified so as to permit the amendment and modification of the,Constituent Documents so that the Constituent Documents shall comply with such changed or modified Rules and Regulations of FHLMC or FNMA,or both. 35 Bk 10811 Pg 299 #19605 Exhibit B Exhibit B is hereby incorporated into and made a part of the Bylaws of 29—31 HILLCREST FARMS CONDOMMIUM. RULES AND REGULATIONS OF 29—31 HILLCREST FARMS CONDOMINIUM TRUST 1. No Obstruction of Common Areas and Facilities No:one shall unreasonably obstruct any part of the common areas,facilities or hallways,without prior consent of the Trustees. 2. No Articles to Common Area No clothes,sheets,blankets,laundry or other articles shall be hung out of a unit or exposed on any part of the common areas and facilities. 3. Toys,Baby Carriages,Etc. No baby carriages,toys,playpens,bicycles,velocipedes,benches,chairs or other articles shall be placed on any part of the common areas and facilities except when such articles are in actual use by a Unit Owner,or his or her family or guests. 4. No Liability for Personal Property of Unit Owners All personal property of the Unit Owners or any other occupant of a unit,whether in the units,in the common areas and facilities,in the Parking Spaces or elsewhere on the Condominium property,shall be kept therein at the sole risk and responsibility of the respective Unit Owner or occupant,and the Trustees shall have no responsibility therefor. S. Radios,Phonographs,Musical Instruments The volume of television sets,radios,computers,phonographs,high fidelity sound reproduction devices,musical instruments,etc.,shall not be operated in any manner that would creates excessive noise or in any way become a nuisance. Notwithstanding anything contained herein, such volume shall be deemed to create excessive noise and become a nuisance if it can be heard in any other unit between the hours of 11:00 p.m.and 7:00 a.m. b. No Offensive Activity NO ,noxious or offensive activity shall be carried on in the common areas and facilities,nor shall anything be done therein either willfully or negligently that may be or become an annoyance or nuisance to the other Unit Owners or occupants.No Unit Owner shall do or permit anything to 36 Bk 10811 Pg 300 #19605 be done by his or her family,servants,employees,agents or visitors that will interfere with the rights,comforts or conveniences of other Unit Owners or occupants.No public hall shall be decorated or furnished by any Unit Owner in any manner. 7. Trash All garbage and trash must be placed in the proper receptacles designed for refuse collection,and no garbage or trash shall be placed elsewhere in any of the common areas and facilities. 8. Exterior Apparatus Under no circumstances shall any air-conditioning apparatus,television or radio antennas, clothes line,clothes rack or any other such device,or other items,be installed on the exterior of any unit,or on the common areas and facilities or be permitted to be hung out of a unit. Notwithstanding anything contained herein,window type air-conditioning units may be placed in the:window of any unit,so long as the same does not unreasonably interfere with any of the other Unit Owners. 9. Ramage Any damage to any building,equipment or common areas and facilities caused by a Unit Owner or such Unit Owner's family,visitor,or pet shall be repaired at the expense of the Unit Owner. 10. Doors Unit doors opening into public halls and building entry doors shall be kept locked and secured at all times except when actually in use. 11. Reasonable Maintenance Unit owners shall maintain,care and upkeep the exterior of their unit,including landscaping,in a reasonable and attractive manner. 37 �CgUM LAW OFFICES OF JOHN J.BURKE,LLC 14 Chickering Road,North Andover,Massachusetts 01845 Tel:978.681.1570 FAX:978.681.1572 jbwkc@johnbwkcatty com August 12,2I OJ16 Mr.D%sKs Belanger Zoning Enforcement Officer 1600 Osgood Street North Andover,MA 01845 Re:Lot S,Cotuit Street and Leydon Street Dear Mr.Belanger: Please accept this letter,the application for plan examination and the accompanying documents for the above property as our request for a building permit for a two family structure. We understand that the request will be denied as the property is in the R-4 district and any two family construction requires a special permit. As you are aware,procedurally we need your denial before we can proceed with our application for a special permit. Please call me with any questions. Sim erely, l hn 1.Burk@ ` O Wit.O oTH ON BUILDING PERMIT TOWN OF NORTH ANDOVER ° A APPLICATION FOR PLAN EXAMINATION Permit NO. Date Received Date issued: 9ssACHuses IMPORTANT.Applicant must complete all items on this page gg� a Kr TYPE OF IMPROVEMENT PROPOSED USE i Residential Non-Residential W�Jew Building D One family D Addition [ t wo or more family iD Industrial D Alteration No.of units: D Commercial D Repair,replacement D Assessory Bldg D Others: D Demolition D Other � tt##)1 OF#4fdl�irk etftt Li�r4f Identification Please Type or Print Clearly) OWNER: Name: Qo6eT ,T Swgt US 1 Phone: Address: 1'f oC Frt I nr vrr r &Cn.4,. f}1r()c 0-1.9 I'YW 0 1 u y 5 r ARCHITECT/ENGINEER t,0"-j&'- Phone: 77r 9PQ C913/ Address:/y --L44 C'ft '! &Au c� YVl 14 9/9Jp Reg.No. FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost:$ t 4004 006 FEE:$ Check No.: Receipt No.: NOTE: Persons contractin with unregistered contractors do not have access to Me guaranty fund �lggaf[re oT;Agettt�t,7wrt�c .t �_�Igraturc�pf r�nt7tra�#�€ Plans Submitted Pians Waived❑ Certified Plot Pian Stamped Pians ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ TanninglMassagetBody All ❑ Swinuning Pools G Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private{septic tank,etc. ❑ Permanent Dumpster oa Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF-U FORM DATE REJECTED DATE APPROVED PLANNING&DEVELOPMENT ❑ ❑ COMENTS CONSERVATION ❑ ❑ COMMENTS DATE REJECTED DATE APPROVED HEALTH ❑ ❑ COMMENTS Zoning Board of Appeals:Variance,Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water&Sewer Connection/Signature&Date Driveway Permit Located at 384 Osgood Street }gyp Dimension Number of Stories:_Total square feet of floor area,based on Exterior dimensions.3,�,_,;L-1 Total land area,sq.ft.: 1 �{ ELECTRICAL:Movement of Meter location,mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$1oo-s1000 fine NOTES and DATA—(For department use) © Notified for pickup- Date Doc.Building Permit Revised 2012 a y i i k5 d ?tE isrrstFr h i� a _ III v LEYO &ih 'c s� , • t � y,, r a. Peaaaaf dssocietes lac.•,••°°• �i„a'�°'.����..m„p.®�a.r�ma�rtaa..A�e 76� pis JWL Massachusetts Department of Public Safety vlle Board of Building Regulations and Standards" License:CS-062176 Construction Supervisor JOHN J BURKE 71 SUTTON HILL RD _ NORTH ANDOVER FAA"6`181 (-j-%N Expiration; Commissioner 03128/2018 ConstrUPtion Supervisor Restricted to: Unrestricted-Buildings of any use group which contain less than 35,000 cubic feet(991 enclosed space, cubic meters)of Failkne to possess i current edition of State the Massachusetts i3uitding Code is cause for revocation of this license. DPS Licensing information visit;W WW.MASS.00V/DPS iX Abutter le Abutter( )Building Dept( )Conservation{ }Zoning ( j TOWN of NORTH ANDOVER ABUTTER LIST REQUIREMENT: MGL 40A,Section 11 states in part"Parties in interest as used in this chapter shall mean the petitioner, abutters,owners of land direc0y opposite on any public or private way.and abutters to abutters within three hundred(300)feet of NR property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town.and the planning board of every abutting city or town s.liect Property: MAP PARCEL Name Address 47 151 Robert J.Burke Trust 0 Leyden Street North Andover,MA 01845 A6uiters Properties FIN Harrington,Trustee "7 f l Map Parcel Name Address 23 4-0065.' Suresh M 8 Kumud S.0Trustees 72 Jefferson Street North Andover,MA 01845 234-`066.H C,McCarthy oto J.L.Fuller 70 Jefferson Street North Andover,MA 01845 23 4-0067.' Zachary&James M.Coskren 68 B Jefferson Street North Andover,MA 01845 23 4.0068." J.W.It M M.Pierdomenico 68 Jefferson Street North Andover,MA 01845 23 4-0069.' Mark E.Murray 58 D Jefferson Street North Andover,MA 01845 23 4-0060.' J.Boli.&J.Renken,Trustees fib C Jefferson Street North Andover,MA 01845 23 4-0069.H vychesiav L.&M.bada A.Krupnik 66 Jaffe.-Street North Andover,MA 01846 23 4-0062.' James KostoNakos 64 Jefferson Street North Andover,MA 01845 23 4,0088.P Andrew Y.LI 1 Kingston Sheat U:88 P North Andover,MA 01845 23 4-0089.P Jane A.Andon 3 Kingston Street North Andover,MA 01845 23 4-0090.P Anatoll&Lubov Oboukhov 6 Kingston Street North Andover,MA 01846 234-0091.P Riehard Naso&Dana Jison 7 Kingston Street North Andover,MA 01846 23 4,0092' S.Stevens cid Lee T.Talewsky 9 Kingston Street North Andover,MA 01845 23 4-0093.P Jill R.Harris 11 Kingston Street North Andover,MA 01845 23 4-0094.P Ralph A.Giangregorio 13 Kingston Street North Andover,MA 01845 23 4-0095.P James&Raquel F.LaTourneau 16 Kingston Street North Andover,MA 01845 23 4-0096.o George P.Jr.,G.P.&N.P.Assad 19 Kingston Street North Andover,MA 01845 23 4-0097.0 Evagifia Karagiannis 21 Kingston Street North Andover,MA 01845 j 23 4-0098.0 Christopher B.&Hilary A.Alden 23 Kingston Street North Andover,MA 01845 23 4-0099.0 Hanh L.Tran 25 Kingston Street North Andover,MA 01845 23 4.0100.0 Yannirys Abreu 27 Kingston Street North Andover,MA 01845 23 4-0101.0 Dragan&Rada Topic 29 Kingston Street North Andover,MA 01845 23 4-0102.0 Francis C.&Margaret Fisher 31 Kingston Street North Andover,MA 01845 23 4-0103.0 Mark M.&Susan M.Wilson 33 Kingston Street North Andover,MA 01845 23 4-0104.N Susan M.Celikmen 36 Kingston Street North Andover,MA 01846 23 4-0MDSAngelo L.Palermo 37 Kingston Street U:105 N North Andover,MA 01845 23 4-0106.N Joanne M.Rivet 106 South Bowdoin Street Lawrence,MA 01843 23 441107.N Linda 1.Short 41 Kingston Street North Antlover,MA 01845 234-0108.N Edward M.&Melissa S.Lafto 43 Kingston Street North Andover,MA 01846 23 4-0109.N C.Mbugua c/e Ngaitun Chow 45 Kingston Street U:109 N North Andover,MA 01845 23 4-0110.N lr.nnifer A.Recklet&Davide T.Ta..1 47 Kingston Street North Andover,MA 01845 23 4-0111.N Michalet A.&Sandra C.Flanagan 49 Kingston Street North Andover,MA 01846 23 4-0112.1 Mikhail&Seraflma Bobrakov 20 Kingston Street North Andover,MA 01845 23 4-0113.1 Erik J.Markarian 18 Kingston Street U:113 North Andover,MA 01845 23 4-0114.1 Eva M.Gri-Il 16 Kingston Street U:114 North Antlover,MA 01845 23 4-0116.1 F.Wessling LT,M.Resnick&P.Dane 16 A Kingston Street U:116 North Andover,MA 01845 23 4.0116.1 Donna J.Dickie 16 D Kingston Street U:116 North Andover,MA 01846 23 4.0117.1 Deshler Family Trust 16 Kingston Street U:117 North Andover,MA 01845 This certifies that the names appearing on the records of the Assessors Office as of Certified by:,��� ate 9 9 aid Abutter to AtnueJ( )fmdding Dept( }Conservation( )Z,,Mg( } TOWN of NORTH ANDOVER ABUTTER LIST REQUIREMENT; MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposite on any public or private way,and abutters to abutters Within three hundred(300)feet of the property fine of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is teemed un another city or iown,the planning board of the city or town,and the planning board of every abutting city or town" Subject Property: ' MAP PARCEL Name Address 47 151 Robert J.Burke Trust 0 Leyden Street North Andover,MA 01845 RH Harrington,Trustee page 2 of Abutters properties Map Rental Name Address 23 4-0118.1 Adeno B.Pilon,Trustee 14 Kingston Street North Andover,MA 01845 23 4-0119.1 Alvin H.Ginsberg,Trustee 42 Kingston Street North Andover,MA 01846 23 4-0120,J Patnala A.Aloisi 10 Kingston Street U:120 North Andover,MA 01846 23 4-0121.J William L.&Anna F.Cannon 8 Kingston Street North Andover,MA 01846 23 4-0122.J Rachel Simili 6 B Kingston Street U:122 North Andover,MA 01845 23 4-0123.) Michael T.Sees- 6 Kingston Street U:123 J North Andover,MA 01846 23 4-0124.) C.Desjardins,Trustee do C.M.Grant 6 Kingston Street U:124 Tyngsboro,MA 01879 23 4-0125.) Gall Hinchey 6 C Kingston Street U:126 North Andover,MA 01845 _ 23 4-0126.' Theresa J.Viola 4 Kingston Street North Andover,MA 01846 23 4-0127.' Michael A.&Kelley A.Tinder 2 Kingston Street U:127 North Andover,MA 01845 23 6-0024,Q Elfel DaSIIvs 24 Kingston Street North Andover,MA 01846 23 6-0026.Q Samuel&Joseph Giarrusso 62 Newport Street Methuen,MA 01844 23 5-0028.Q,30 Q Y.Khaytin&T.Berman 28 Kingston Street North Andover,MA 01845 23 6-0032.Q Peter T-&Ilona Colantonlo 32 Kingston Street North Andover,MA 01845 23 6-0034.Q Janet 1.Egan 34 Kingston Street North Andover,MA 01846 23 6-0036.R Mikhail Smirnov 36 Kingston Street North Andover,MA 01845 23 6,0038A Jayne Taylor 38 Kingston Street North Andover,MA 01845 23 6-0040A Brenda J.Fredericks 40 Kingston Street North Andover,MA 01846 23 6-0042A Nicole Venuti 335 Beacon Street Apt 9 Boston,MA 02116.1117 23 6-00"'R Jennifer D.&Bernard T.Jackson 44 Kingston Street North Andover,MA 01845 23 6-0046.8 James A.&Shelley L.Jill... 46 Kingston Street North Andover,MA 01845 23 6-0048.R Wendy E.&Deana J.Hadley 48 Kingston Street North Andover,MA 01845 23 6-0060A C.&U.Dhuleshia 60 Kingston Street North Andover,MA 01845 ' 23 6-0052.5 Igor Pribytkov 62 Kingston Street North Andover,MA 01845 23 6-0054.5 a Linda H.&Walter J.Ganca66 Trout Break Road Cheshire,CT 06410 23 6-0056.5 AdaViz Robles 56 Kingston Street North Andover,MA 01845 23 6-9058.5 Tatyana Zolotykh 58 Kingston Street North Andover,MA 01845 _ 23 6-0060.5 Arnold M.Nadal.&Amy Michelson 60 Kingston Street North Andover,MA 01845 23 6-0062.5 Shawn Robbins 62 Kingston Street North Andover,MA 01845 23 6-0064.5 Anne L.Adams c10 Meghan K cheever S4 Kingston Street North Andover,MA 01845 23 6A066.S Andrew S.Levine fib Kingston Street North Andover,MA 01845 23 6-0068.7 Adria0a&Jaime Garcia 68 Kingston Street North Andover,MA 01845 23 6-0070.T J.Bhuvaneshwer&J.Joginpatly 46 Hepatica Drive North Andover,MA 01845 23 6-0072.7 Duice M.&Rafael O.Lora 72 Kingston Street North Andover,MA 01845 23 6-0074.T Frank D.&Suzanne M.So-! 74 Kingston Street North Andover,MA 01846 23 6-0076.7 Marina Gross 76 Kingston Street North Andover,MA 01845 23 6-0078.7 Willard W.&Nancy C.Lane 78 Kingston Street North Andover,MA 01845 23 6-0080.7 Krishna Petal 80 Kingston Street North Andover,MA 01845 This certifies that the names appearing on the records of the Assessors office as of U!-O! X016 Certified t}y: cu- �� Gate � /9 w.�6 Anafter m Abutter( )Blurting Dept()Canaervafian( j Zpaing( j TOWN of NORTH ANDOVER ABUTTER LIST REQUIREMENT, MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposite on any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent apr%cabte ax list,not withstanding that the land of aey such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or fawn' Subiect Property: MAP PARCEL Name Address 47 151 Robert J,Burke Trust 0 Lay an Street North Andover,MA 01845 '.. RH Harrington,Trustee page 3 of(, Abutters Properties Map Parcel Name Address 23 6-0082.T Jeannine M.Roy 82 Kingston Street North Andover,MA 01846 23 6-0084.0 Ksenia&Lebedeva O'Donnell 84 Kingston Street North Andover,MA 01845 23 6"HISS U Michelle Larkin 86 Kingston Street North Andover,MA 01845 23 6-0088.0 Terry N.Wilkins 88 Kingston Street North Andover,MA 01845 23 6-0090.0M A&R Greenbaum,Trustees 90 Kingston Street North Andover,MA 01845 23 6-0092.0 Catherine M.Petillo 92 Kingston Street North Andover,MA 01845 23 6-0094.0 Steven M.&Lisa L.Manganieilo 94Kingston Street North Andover,MA 01846 23 6-0096.V N.E.Newaz&Ruba N.Dil 96 Kingston Street North Andover,MA 01845 23 6.0098.V Ales&Martina K.Norska 98 Kingston Sheet North Antlover,MA 01845 23 6-0100.V Elena Michelson,Trustee 100 Kingston Street North Andover,MA 01846 23 6-0102.V Irving&Marcella M.Lemberger 102 Kingston Street North Andover,MA 01846 23 6-0104.V Stephanie M.DeMarca 34 Larch Lane Reading,MA 01867 23 6-0106.V Came"T,Prevltl 106 Kingston Street North Andover,MA01846 23 6-0108.W Jenna R. 'Am Dlc0 108 Kingston Street North Andover,MAD1846 23 6-0110.W Claire A.&Lesley J.Fusco 1110 Kingston Street North Andover,MA 01846 23 6-0112.W Jonathan El-tion. 112 Kingston Street North Andover.MA 01845 23 6-0114.W Gongyln Chen&Ming Wei 114 Kingston Street North Andover,MA 01845 23 6-0118.W Brian Jeerers 118 Kingston Street North Andover,MA 01845 23 6-0120.W Timothy Horan 120 Kingston Street North Andover,MA 01845 23 6-0122.W Heidi J.Guarino 122 Kingston Street North Andover,MA 01845 23 6-0124.X Joyce DeCristafam 124 Kingston Street North Andover,MA 01845 23 6-0126.% Robert F.Rioles Jr. 126 Kingston Street North Andover,MA 01845 23 6.0128.% Francisco V.Morales&Leona Z .128 Kingston Street North Andover,MA 01845 23 6.0130.X Christine Hines 130 Kingston Sir at North Andover,MA 01845 23 6-0132.% William A.&Charlene M.Silk 132 Kingston Street North Andover,MA 01845 23 6.0134.% Francis M.&Audmy W.Taylor 134 Kingston Street North Antlover,MA 01845 23 6-0136.% Kathleen Ann Barlow,Trustee 136 Kingston Street North Andover,MA 01845 23 6-0138.% Barbara A.Walsh Go Fed Nat Mrt 138 Kingston Street North Andover,MA 01845 23 6-0140. Tara Gallant 140 Kingston Street North Andover,MA 01845 23 6.0142." Tseng Fu&He Hwa Chen Liang 142 Kingston Street North Andover,MA 01846 23 6-0144." Jahn F.Jr.,&Gayle F.Lever 144 Kingston Street North Andover,MA 01846 23 6-0145." Robert A.Mandolin, 146 Kingston Street North Andover,MA 01846 23 6-0148." Margaret J.Betts,Trustee 34 Fairfax Street Burlington,MA 01803 23 6-015D.Y Anton Cad&Sherrill Joy Greenwald 150 Kingston Street North Andover,MAD 845 23 6-052." A.Rafique Diengdoh&Anne-Regain. 152 Kingston Street North Andover,MA 01845 23 64154." Carole A.Hazard 85 Riverdale Avenue Ward Hill,MA 01835 23 6-0166.2 Decolagem,Philip 156 Kingston Street North Andover,MA D1946 23 6-0158.2 Kevin Loh 158 Kingston Street Nandi Andover,MA 01845 This certifiss that the names appearing on the records of the Assessors Office as of oJ-of-a-o%� Certified by.,2�Date is Z'/g Also—fo Abutter( j Burding Dep6( )Canservadon( 1 Zoning( ) TOWN of NORTH ANDOVER ASUTTER LIST REQUIREMENT: MGL 40A,Section i t states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owrs neof land directly opposite on any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such—nor is located in another city or town,the planning board of the city or towm.and the planning board of every aboiling city or town." Subiecf Pr.pertY: MAP PARCEL Name Address 47 151 Robert J.Burke Trust 0 Leydon Street North Andover,MA 01845 RH Harrington,Trustee page 4 of Abutters Properties Mao Parcel Name Address 23 6-0160.2 gree Jacobsen&Caitlin Clary 160 Kingston Street North Andover,MA 01845 23 6-0162.2 Madeline Gonzalez&Fabio Franco 162 Kingston Street North Andover,MA 01845 23 6-0164.Z Mark G.Kushakji 164 Kingston Street North Andover,MA 01845 23 6-0166.2 Edgar&Lauren Deleon 166 Kingston Street North Andover,MA 01845 23 6-0168.2 Lynne Geissler 168 Kingston Street North Andover,MA 01845 23 6-0170.2 James A.McEvoy,Trustea 170 Kingston Street North Andover,MA 01846 23 60 Robert A.&Nancy B.Norberto 295 Rea Street North Andover,MA 01845 23 61 Harry A.&Deborah Bernheim 50 Cotuit Street North Andover,MA 01846 23 73 Nadine A.Johnsen 48 Cotuit Street North Andover,MA 01845 23 74 Robert A.Norhedo 295 Rea Street North Andover,MA 01845 23 80-0001.0 Dolores Depiano,Trustee 59 Cotuit Street North Andover,MA 01846 23 80-0002.0 Daniel&Rachet A.Hill 57 Cotuit Street North Andover,MA 01845 23 81 Lucy G.Ciardiello&John J.Burke P.O.Bax 2632 Natick,MA 01760 24 1 Joseph W.Jr.,&Margaret A.Lynch 18 Cotuit Street North Andover,MA 01845 46 6 Stephanie L.Woehley Go Kim J.Chang 47 Chickering Road North Andover,MA 01845 46 29 George H.&Ellen M.Schruenden Trstees 91 Quail Run Read North Andover,MA 01845 46 40 Diane Conserva 41 Chickering Road North Andover,MA 01845 46 96-OOOi.A Bruce E.Parker,Trustee 2 Village Green Drive North Andover,MA 01845 46 96-0002.A rKeith M.Connors 4 Village Green Drive North Andover,MA 01845 46 96-0003.A Lisa A.Emmons 6 A Village Green Drive U:3 North Andover,MA 01845 46 96-0004.A Vivian Croteau 6 B Village Green Drive U:4 North Andover,MA 01845 46 96-0005.A Joanne LaVallee 6 C Village Green Drive U:S North Andover,MA 01845 46 96-0006.A Rosemary K.Ellis 6 Village Green Drive U:D North Andover,MA 01845 46 96-0007.A Svetlana&Life Better&Visit Yeflm 8 Village Green Drive North Andover,MA 01846 46 96-0008.A Andrea L.Switzer 10 Village Green Drive U:8 North Andover,MA 01845 46 96-0009.8 Dhiren Shahe 12 Village Green Drive North Andover,MA 01845 46 96-0010.8 Julie Hadley 14 Village Green Drive North Andover,MA 01846 46 96.0 111.8 Kristen Eileen Havey 16 Village Green Drive North Andover,MA 01845 46 96-0012.6 Elizabeth J.Hopkins 18 Village Green Drive North Andover,MA 01845 46 96.0 I3,B Karen Gray 20 Village Green Drive North Andover,MA 01845 4S 96-0014.6 Cynthia R.Whiteman 22 Village Green Drive North Andover,MA 01845 46 96.0015.0 Jean M.Stinson 15 Village Green Drive North Andover,MA 01845 45 96.0016.0 Mae E,eerreman 13 Village Green Drive North Andover,MA 01845 46 96-0017.0 John Ross.1.Diana M.Can. 11 Village Green Drive U:17 North Andover,MA 01846 46 96.0018.0 Jeffrey S.Tierma 9 Village Green Drive North Andover,MA 01845 46 96-0019.0 Gary Schiff c/o Christian Marlyn 7 Village Green Drive 11:19 North Andover,MA 01845 46 96-0020.0 All..&Kimberly Segal 5 Village Green Drive North Andover,MA 01845 46 9fi-0021.0 Barbara J.Fazio 3 Village Green Drive North Andover,MAGI 845 This certifies that the namaa appearing on the records of the ASSefisors OffiCS a$ Of Certified by: Abutter to Abulfer( f Building DePt/ J Conservation( }-111( J TOWN of NORTH ANDOVER ABUTTER LIST REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposite on any public or private way,and abutters to abutters within three hundred(30D)feet of the property line of the poldioner as they appear on the most recent apple able our list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city m town,and the planning board of every abutting city or town" Subiect Properrv: MAP PARCEL Name Addiress 47 151 Robert J.Burke Trust 0 Leydon Street North Andover,MA 01845 RH Harrington,Trustee page 6 of 1p Abutters Properties map Parcel Name Address 46 964022.0 Robert A.IS Margaret T.Lanzonl 7 Village Green Drive North Andover,MA 67845 46 96-0023.D Malcom T,&Danielle Grespan 17 Village Green Drive North Andover,MA 01845 46 96-OD24.D Colin L.Price 19 Village Green Drive North Andover,MA 01845 46 96-0026.D Teresa M.Carpenter 21 Village Green Drive North Andover,MA 01845 46 96-0026.D Gregg&Kimberly Griffin 23 Village Green Drive North Andover,MA 01845 46 96-OD27.D David Holden 25 Village Green Drive North Andover,MA 01845 46 96-0028.D Andrew&Amy Larocque 27 village Green Drive North Andover,MA 01845 46 96-0029.D Eileen Devlin 29 Village Green Drive North Andover,MA 01845 46 96-0030.D James N.Mootrey Jr.,Trustee 31 Village Green Drive North Andover,MA 01845 46 96-0D31.E Anthony J.Tedesco,Trustee 33 Village Green Drive 11:31 North Andover,MA 01845 46 96-OD32.E Luz M.Munoz 35 Village Green Drive North Andover,MA 01845 46 96-0033.E Jeffrey P.Gurney 37 Village Green Drive North Andover,MA 01845 46 96-0034.E Petre&Roxana Daniela Minciunescu 39 Village Green Drive 13:34 North Andover,MA 01846 46 96-0035.E Christopher R.Bums 41 Village Green Drive North Andover,MA 01846 46 96-0036.E Stephen&Karen Burke 43 Village Green Drive North Andover,MA 01845 46 96-0037.E Maureen Cormier 45 Village Green Drive U:37 E North Andover,MA 01845 46 96-0038.E Edward F.Mahoney,Trustees 47 Village Green Drive U:38 North Andover,MA 01645 46 96-0039.F John J.Bettencourt Jr. 49 Village Green Drive North Andover,MA 01646 '.. 46 96.0040.E Florence Hubbard 61 Village Green Drive North Andover,MA 01646 46 96-0D41.F Alysha Jessie Paulson 53 Village Green Drive North Andover,MA 01645 46 96-0042.F Charlotte E.Bloom LT,R.D.Bloom 65 Village Green Drive North Andover,MA 01846 46 96.0043.F Nelson T.Han 67 Village Green Drive North Andover,MA 01845 46 96-0044.F Victor M.&Thelma B.Medina 59 Village Green Drive North Andover,MA 01845 46 96-0045.F Melissa Duggan 61 Village Green Drive North Andover,MA 01845 46 96-0046.F Wells Fargo Bank NA clo Shaul Anti, 63 Village Green Drive North Andover,MA 01846 4696-0047.6 Christian Schnell- 82 Jefferson Street North Andover,MA 01846 46 96 1048.G James McCauley&Laura Tobey 8D Jefferson Street North Andover,MA 01846 46 96-0049.13 Daniel F.Schutte 78 Jefferson Street UAS North Andover,MA 01846 46 964050.G Frank J.&Mary E Sambucca,Trustees 78 A Jefferson Street North Andover,MA 01846 46 96-0061.G Judith D.Walker 78 D Jefferson Street North Andover,MA 01846 46 96-0D52.G Margaret Ras. 78 Jefferson Street U:62 North Andover,MA 01845 46 96-OOS3.G Erin Michelle Grant 76 JeHanson Street North Andover,MA 01846 46 96-0064.G Ladislav Kis&Ivan Kisova 74 Jefferson Street North Andover,MA 01846 46 96-0o63.M in Scott R.Tassari 73 Jefferson Street 11:63 North Andover,MA 01645 46 96-DO64.N1 Mark P.Nevans&Theresa M.Nevans LE 76 Jefferson Street North Andover,MA 01846 46 96-0065.M Demetra Pagiatakis c/o Steven Tufo 62 Village Green Drive North Andover,MA 01846 46 96-0066.M -� Nancy Spencer&Emily Fowler 6o Village Green Drive U:66 North Andover,MA 01145 46 96-D067.M Raju Metpay 68 Yilage Green Drive North Andover,MA 01846 This certifies that the names appearing on the records of the Assessors Office as of 12-0/4 Certifies!by ZZ�E te- /i LQ� Abattar M Abulfer( j Sending Dept( j Cpnservdion{ J Zoning ( J TOWN of NORTH ANDOVER ABUTTER LIST REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposite on any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the pet8ioner as they appear on the most recent applicable ax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town" Subiect Prooert, MAP PARCEL Name Addras 47 151 Robert J.Burke Trust 0 Leydon Street North Andover,MA 01845 RH Harrington,Trusts; page 6 of Abutters Properties Map Parcel Name Address 46 96-0068.1M Lois Dinapoli,Trustee 66 Village Green Drive North Andover,MA 01845 46 96-0069.Mj\\Nichol;Solari 54 Village Green Drive U:69 North Andover,MA 01845 46 96-0070.M t Diane R.Hessen 62 Village Green Drive North Andover,MA 01845 46 96-0071.1 t Lets C.Croft 50 Village Green Drive North Andover,MA 01845 46 96-0072.L Jacqueline L.Harding 48 Village Green Drive North Andover,MA 01845 46 96-0073.1 Michael Fuller c/o Joseph W.Kalil 46 Village Green Drive North Andover,MA 01845 46 96-0074.1 Robert L.Macinnis 44 Village Green Drive North And aver,MA 01846 46 96- m 0075.1- Geraldine E.&Tina B.Areen 42 Village Green Drive North Andover,MA 01845 46 96-0076.1- JoEllen Bower 40 Village Green Drive U:76 North Andover,MA 01845 46 96-0077.1 Karen J.Tamberino 38 Village Green Drive North Andover,MA 01845 46 96-0078.1- George J.Puddister 36 Village Green Drive North Andover,MA 01845 46 96-0079.K Christine Robbins 34 Village Green Drive U.79 North Andover,MA 01845 46 95-0080.K April Vier. 32 Village Green Drive U:80 North Andover,MA 01845 46 96-0081.K Yakov Yakirevich 30 Village Green Drive North Andover,MA 01845 46 96-0082.K Patricia M.Blackstock 28 Village Green Drive North Andover,MA 01845 '.. 46 96-0083.K Robert K.&Lee A.Cantanzano 25 Village Green Drive North Andover,MA 01845 46 96-0084.K June A.McAdam 24 Village Green Drive North Andov;r,MA 01845 46 96-0085.K Matthew&Colleen O'Shaughnessy 46 Walnut Street Reading,MA 01867 46 96-0086.K Pauline A.&William J.Dutra,Sr. 22 Leyden Street North Antlover,MA 01845 46 96-0087.K Robert C.Seely 20 Leydon Street North Andover,MA 01845 47 26 John J.Burke,III 14 Chickering Road North Andover,MA 01845 47 32 Wally Sabet 2 Walker Road U:8 North Andover,MA 01845 47 148 Seaport Homes LLC 19 Cotuit Street North Andover,MA 01845 47 149-0029.0 Muddle Ponce-Lopez 29 Cotuit Street North Antiever,MA 01845 47 149-0031.0 Mitesh&Dimple Pat d 31 Cotuit Street North Andover,MA 01846 47 150-0037.0 Sarah A.&Patrick M.Harrington JT 37 Cotuit Street North Andover,MA 01845 47 150-0039.0 Saldl i-Ala Yamin,Manager 32 Palomino Drive North Andover,MA 01845 This ceitifieas that the names appearing on the rccarrts of the Assessors Office as of _ fie £�/—cel Certis'by Residential Property Record Card#1 of I Parcel Year:2D17 PARCEL ID:210/047.0-0151-0000.0 MAP 047.0 BLOCK 0151 LOT 0000.0 PARCEL ADDRESS:0 LEYDON STREET as of:all 9/21316 PARCEL INFORMATION Use-Code: 130 Sale Price: 165000 Book: 8735 Tax Class* T Sale Date: 4/28/2004 Page: 35 Tot Fin Area; 0 Sale Type: P Cert/Doc; Tot Land Area: 0.33 Sale Valid: R Owner#l: ROBERT J.BURKE TRUST Grantor: BURKE,JOHN Owner#2: RH HARRINGTON,TRUSTEE — Address#l: C/O SULLIVAN BILLE 600 CLARK RD 4TH FLR Inspect Date: 8/14/1997 Road Type: T Exempt-B/L%: 0/0 Addness,#Z Meas Date: Rd Condition: P Resid-B/L%: 01100 TEWKSBURY MA 01876 Entrance: X Traffic: M Comm-B/L%: 0/0 Collect ID: JEL Water: Indust-B/L%: 0/0 Inspect Reas: R Sewer: Open Sp-B/L%: 0/0 RESIDENCE INFORMATION LAND INFORMATION Style: Tot Rooms: Main Fn Area: Attic: NBHD CODE: 5 NBHD CLASS: 5 ZONE: R4 _Seg Type Code Method Sq-Ft Acres Influ-1/2/3 Value Class Story Height: Bedrooms: Up Fn Area: Bsmt Area: Roof: Full Baths: Add Fn Area: Fn Bsmt Area: 1 Is 130 S 14280 0,328 N 179271 Ext Wall: Half Baths: UnrfinArea: Bsmt Grade: Masonry Trim: Ext Bath Fix: Tot Fin Area: 0 Foundation: Bath Qual: RCNLD: Kitch Quak Eff Yr Built: MktAdj: Heat Type: Ext Kitch: Year Built: Sound Value: Fuel Type: Grade: Cost Bldg: Fireplace: Bsmt Gar Cap: Condition: ALL Sir Vall: DETACHED STRUCTURE INFORMATION Central AC: Bsmt Gar SF: Pct Complete: ALL Str Va12: Sir Unit Msr-1 Msr-2 E-YR-Bit Grade Cond %Good P/F/E/R Cost Class Att Gar SF: %Good P/F/F/R: /// Porch Type Porch Area Porch Grade Factor VALUATION INFORMATION SKETCH Current Total: 179300 Bldg: 0 Land: 179300 MktLnd: 179300 Prior Tot: 179300 Bldg: 0 Land: 179300 MktLnd: 179300 PHOTO North Andover MIMAP August 18,2016 31-1Oa6 O 0032 SYA33 046.0-0019 E #27 # 9 046.0-0031 #790 > #7E#39 #'36f7,§ #80 11 3 #20 = � 7-7 b2-3 0 8004 flt_.#9#17; QO #1$ #9 #34 1631, �o C14 # 046.0-0022 #5 #$ ,1 #28 SRS 023 0 0006 - _ # 6 G. 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Q MwCdpai Bpuntlary riEonlel Caiur:x Mfv$Iar pvpeeowmnala seem.DprumNAD93. ���Da:e sw,�arneanu mr pas mppmaaam„=•a o-r Memmaa, rtztRxistaie� �NORiq Vat�ar Pleraang Commdsskn tMVPC)am9daVe MCNCaa ov to TpxnM I �`` �A� nro Awwer.aatipowrdau am+aea er Na E,.m,Is ors�m —SR Envvonmercal pttalisMassG1G.Tile mbrmz9on dppic�on Nis map Is Rosas (m-fiPtann e@P 'Jy imeiaotbn eaoquatebr kgel0oendary r Eaumaoie �' } AWES NORMii ESpEXPRE55FD QR!M Y.ED�CONCERt�l NGR THEACOURAG.THE lE ENEN RElV9ILltt ORSUfTABLitt 6 PydiograpM1ic Features :i �� OF'NffBED OF40F NORTHFNDOVER[lpES NpT ' ?1 ABGUMEANY LiABILItVh<SOGUITED WITH THE US£OR MISUSE OF Streams ��������{j iti15INFORMATF?N Wa ,d3ACNU5t� ExemprlanCs V 146 ft - F t Bk 10811 Pg 274 #19605 Exhibit A BYLAWS:29-31 HILLCREST FARMS CONDOMINIUM TRUST The provisions of this Exhibit A to 29—31 HILLCREST FARMS CONDOMINIUM TRUST shall constitute the Bylaws of 29—31 HILLCREST FARMS CONDOMINIUM TRUST,the organization of Unit Owners established by said Trust. 1.Powers and Duties of the Trustees The Board of Trustees shall have all powers necessary for administering the affairs of the Condominium as set forth in Massachusetts General Laws,Chapter 183A("Condominiums"), hereinafter called"Chapter 183A,"and they may do any and all acts necessary or desirable for the:administration of the affairs of the Condominium except only for such acts as may not,under law or under the provisions of the Master Deed or this Trust,be delegated to the Trustees by the Unit Owners.Such powers and duties of the Trustees shall include,but shall not be limited to, the following: (a) operation,care,upkeep and maintenance of the common areas and facilities; (b), determination of the Common Expenses required for the affairs of the Condominium, including but not limited to the operation and maintenance of the common areas and facilities; (c) collection of the Common Expenses,from the Unit Owners; (d)` employment and dismissal of the personnel necessary or advisable for the maintenance and operation of the common areas and facilities; (e): subject to the provisions of Section 7 of these Bylaws,adopting,amending,and administering(including waiving)Rules and Regulations covering the details of the operation and use of the common areas and facilities; (f): opening bank accounts on behalf of the Condominium,and,subject to the provisions hereof,designating the signatories required therefor; (g) leasing,managing and otherwise dealing with such facilities as may be provided for in the Master Deed as being common areas and facilities; (h) owning,conveying,encumbering,leasing and otherwise dealing with units conveyed to the Trust or purchased by it as a result of enforcing the lien for Common Expenses,or otherwise; 11 Bk 10811 Pg 275 #19605 (i) obtaining insurance for the Condominium,including the units,pursuant to the provisions hereof; () making repairs,additions and improvements to,or alterations or restoration of,the Condominium,in accordance with the other provisions of this Trust. (k) enforcing obligations of the Unit Owners,allocating income and expenses,and doing anything and everything else necessary and proper for the sound management of the Condominium; (1) subject to the provisions of Subsection(B)of Section 29 of these Bylaws,purchasing or Ieasing a Unit; (m) purchasing of units at foreclosure or other judicial sales; (n) organizing and maintaining corporations,trusts,or other entities to act as nominee of the Condominium in acquiring title to units on behalf of all Unit Owners under the provisions hereof, (o) conducting litigation as to any course of action involving the common areas and facilities or arising out of the enforcement of the Bylaws,Rules and Regulations,and Master Deed,and this Trust;and (p) granting permits,licenses and easements over the common areas and facilities for utilities and other purposes reasonably necessary or useful for the proper maintenance or operation of the Condominium project. 2.Common Expenses and Profits (a); Commencing on the date of the recording of the Master Deed,each Unit Owner shall be liable for Common Expenses and shall be entitled to common profits of the Condominium in the same proportion as his or her beneficial interest in this Trust bears to the aggregate beneficial interest of all the other Unit Owners.The Trustees may at any time or times distribute common profits among the Unit Owners in such proportions.The Trustees shall at all times establish and maintain an adequate reserve fiord for the periodic maintenance,repairs and replacement of improvements to the common areas and facilities and those limited common areas that the Trust may be obligated to maintain. Such reserve fund shall be funded by regular monthly assessments from regular assessments for Common Expenses and shall not be deemed to be common profits available for distribution. (b) In addition to the foregoing(and not in substitution thereof),to ensure that this Trust will have the funds to meet unforeseen expenditures or to purchase any additional equipment or services,a working capital fund kept in a segregated account shall be established equal 12 Bk 10811 Pg 276 #19605 to at Ieast two(2)months'estimated common charges for each unit.Any amounts paid into this fund shall not be considered advance payments of regular assessments.Each unit's share of the working capital fund shall be collected at the time the sale of the unit is closed or at the time control of this Trust is transferred to the Trustees elected by Unit Owners other than the Declarant,as set forth in Section III of this Trust whichever occurs earlier. This provision can be waived by the Trustees by their mutual agreement. (c)In addition to the foregoing(and not in substitution thereof) the Trustees may,to such extent as they deem advisable,set aside common funds of the Condominium as additional reserves and may use the funds so set aside for reduction of indebtedness or other lawful - capital purposes,and,subject to the provisions of Section 4 of these Bylaws,for repair, rebuilding or restoration of the Condominium,or for improvements thereto,and for replacement of the common areas and facilities,and other proper contingencies.The funds so set aside shall not be deemed to be common profits available for distribution. (d)At least thirty(30)days prior to the commencement of each fiscal year of this Trust,the Trustees shall estimate the Common Expenses expected to be incurred during such fiscal year,together with reasonable provision for contingencies and reserves,and for the reserve funds mentioned in Subsection C of this Section 2 and,after taking into account any undistributed common profits from prior years,shall determine the assessment for Common Expenses to be made for such fiscal year.The Trustees shall promptly furnish copies of each budget on which such assessment is based to all Unit Owners and,if requested,to their mortgagees.The Trustees shall promptly render statements to the Unit Owners for the respective shares of such assessment,and each Unit Owner thereafter shall pay one-twelfth(1112)of his or her share of the estimated Common Expenses monthly in advance on the first day of each month.The Trustees shall not be obligated to render monthly statements.In the event that,at any time and from time to time,the Trustees shall determine during any fiscal year that the assessment so made is less than the Common Expenses actually incurred or to be incurred,including but not limited to provisions for proper reserve funds,the Trustees shall make a supplemental assessment or assessments and render statements therefor in the manner aforesaid,and such statements shall be payable and take effect as set forth in such statements.The Trustees may,in their discretion,provide for payments of such supplemental assessment statements in monthly or other installments.The Trustees shall have the authority and the duty to levy and enforce the collection of general and special assessments for Common Expenses. With regard to the common areas of the driveway as depicted on plan,the Trustees shall determine the appropriate manner and method of maintenance regarding plowing,etc. (e)The amount of each such statement,for regular or supplemental assessments,together with interest thereon,if not paid when due,at a rate equal to six percent(6%)above the Bank of Massachusetts prime rate then in effect(but not more than nineteen percent(19%)per annum),together with all expenses,including attorney fees,incurred by the Trustees in any proceeding brought to collect such unpaid Common Expenses and assessments,shall constitute a lien on the unit of the Unit Owner assessed pursuant to the 13 Bk 10811 Pg 277 #19605 4 provisions of Section 6 of said Chapter 183A and Sections 5 and 5A of Chapter 254,as amended by 1987 Mass.Acts Chapter 338,1989 Mass.Acts Chapter 341,1992 Mass. Acts Chapter 400 and 1993 Mass.Acts Chapter 1,and may be collected by the Trustees pursuant to said statutes.The Trustees shall take prompt action to collect any Common Expenses and assessments due from any Unit Owner that remain unpaid for more than thirty(30)days from the due date thereof,including but not limited to action under the provisions of Massachusetts General laws Chapters 183A and 254,as amended by 1987 Mass.Acts Chapter 338,1989 Mass.Acts Chapter 341,1992 Mass.Acts Chapter 400 and 1993 Mass.Acts Chapter 1.In the event that the Trustees bring an action to foreclose a lien on any unit pursuant to said statute,the Unit Owner shall pay a reasonable sum for use and occupancy of his or her unit from the date of foreclosure until the Unit Owner vacates the unit(in such foreclosure action,the plaintiff shall be entitled to the appointment of a receiver to collect the same),but nothing in this sentence shall be deemed to grant any Unit Owner the right to remain in possession of his or her unit after such foreclosure.The Trustees,acting on behalf of all Unit Owners,shall have power to purchase such unit at the foreclosure sale and to acquire,hold,lease,mortgage(but not vote appurtenant to),convey or otherwise deal with the same.A suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing the same.In the event of any suit or foreclosure by the Trustees, the Trustees shall be entitled to interest at a rate equal to six percent(61/o)above the Bank of Massachusetts prime rate then in effect(but not more than nineteen percent(19%)per annum)and all costs of collection,suit and foreclosure,including attorney fees.In addition to the lien in favor of the Trustees for assessments for Common Expenses and assessments,such assessments shall also be the personal obligation of the Unit Owner at the time the assessment fell due. (f) The Trustees shall promptly provide any Unit Owner,or any Unit Buyer who has a duly executed purchase and Sale Agreement for the acquisition of a unit,or any mortgagee,or the attorney of any such party,with a written statement of all unpaid Common Expenses due with respect to such unit,signed and acknowledged in proper form for recording, upon the written request of such Unit Owner or buyer or mortgagee or attorney. Notwithstanding anything to the contrary in this Declaration of Trust,including these Bylaws,such statements may be executed by any two(2)Trustees.Recording such statement in the Essex North District Registry of Deeds shall discharge the unit from any lien for any other sums unpaid not enumerated as of the date of such statement to the extent provided by said Chapter 183A. (p)The Trustees shall expend common funds only for common expenses and lawful purposes permitted hereby and by the provisions of said Chapter 183A. (h)Any first mortgagee who obtains title to a Condominium unit,pursuant to the remedies provided in its mortgage or foreclosure of its mortgage,will not be liable for such unit's unpaid dues,common charges,or assessments(including interest and costs of collection and legal fees relating to the collection thereof)that accrue prior to the acquisition of title to such unit by the Mortgagee,provided,however,that notwithstanding the foregoing, 14 Bk 10811 Pg 278 #19605 such first mortgagee shall be Iiable for such unit's unpaid common expenses,costs and attorney fees as provided in subsection(c)of Section 6 of Chapter 183A,as amended by 1992 Mass.Acts Chapter 400 and 1993 Mass.Acts Chapter 1.The lien for common expense assessments shall not be affected by any sale or transfer of a unit,except that a sale or transfer pursuant to a foreclosure of a first mortgagee shall extinguish a subordinate lien for assessments that became payable prior to such sale or transfer, provided,however,that the lien for common expense assessments shall be affected by the sale or transfer of a unit to the extent set forth in subsection(c)of Section 6 of Chapter 183A,as amended by 1992 Mass,Acts Chapter 400 and 1993 Mass.Acts Chapter 1. Any such delinquent assessments that were extinguished pursuant to the immediately preceding sentence may be reallocated and assessed to all units as a Common Expense. Any such sale or transfer pursuant to a foreclosure shall not relieve the purchaser or transferee of a unit for liability for,nor the unit from the lien of,any assessments made thereafter. 1 insurance (a)The Trustees shall be required to obtain and maintain,to the extent obtainable,the following insurance(and to pay premiums thereon as a Common Expense); (i) fire insurance with extended coverage(covering other perils normally covered by the standard extended coverage endorsement)insuring all portions of the building,including the common areas and facilities of the Condominium,and all of the units and all of the fixtures installed therein on the date of recording the Master Deed,but not including carpeting, drapes,fixtures,furniture,furnishings,or other personal property supplied to or installed by Unit Owners,such insurance covering the interest of the Condominium,the Trustees and all Unit Owners and their mortgagees,as their interests may appear,in an amount equal to one hundred percent (100%)of current replacement cost of the building,common areas and facilities,and units,without deduction for depreciation,with loss payable to the Trustees,as Insurance Trustees for each Unit Owner and the holder of each unit's mortgage.The named insured shall be"the Trustees of The 29—31 Hillcrest Farms Condominium Trust,for the use and benefit of the individual Unit Owners and unit mortgagees"Such insurance shall also cover all other perils customarily covered with respect to projects similar in construction,location and use,including all perils normally covered by the standard"all risk"endorsement,where such is available; (ii) workers'compensation insurance if the Trustees shall have an employee or employees; (iii) comprehensive general liability insurance covering all common areas and facilities and any other areas under the supervision of the Trustees,in such amounts and with such coverage as the Trustees shall from time to time 15 Bk 10811 Pg 279 #19605 I determine,with a combined single limit for both personal injury,death and property damage,of not less than one million dollars($1,000,000.00), but at least covering each member of the Trustees,the managing agent or the manager,if any,and each Unit Owner and with cross-liability endorsement to cover liabilities of the Condominium to a Unit Owner,and a severability of interest provision precluding the insurer's denial of a Unit Owner's claim because of negligent acts by this Trust or other Unit Owners,and (iv) such other insurance as the Trustees may determine. (b)All such policies shall provide that adjustment of loss shall be made by the Trustees and that the net proceeds thereof shall be payable to the Trustees as Trustee for each Unit Owner and the holder of each unit's mortgage.Each Unit Owner,by accepting delivery of his or her unit deed,appoints the Trustees as Insurance Trustees(or any Insurance Trustee or Substitute Insurance Trustee designated by the Trustees)as attomey-in-fact for the purpose of purchasing and maintaining such insurance,including the collection and appropriate disposition of the proceeds thereof,the negotiation of losses and execution of releases of liability,the execution of all documents,and the performance of all other acts necessary to accomplish such purpose.The Trustees shall periodically reevaluate the amount of public liability insurance to be carried by them as set forth in clause(3)of this Section 3 to the end that the limits of such insurance shall not be less than the amounts specified in said clause(3),or not less than limits of such liability insurance as are carried by other Condominium Unit Owners'Associations in comparable condominiums in North Andover,Massachusetts,whichever is higher. (c)All such policies ofphysical damage insurance shall,insofar as practicable,contain waivers of subrogation as to any claim against the Trustees,their agents and employees, Unit Owners,their respective employees,agents and guests,and of any defense based on invalidity arising from the acts of the insured and shall provide that the insurance will not be prejudiced by any acts or omissions of individual Unit Owners that are not under the control of the Unit Owner's association,and shall provide that such policies may not be canceled or substantially modified without at least twenty(20)days'prior written notice to all of the insureds,including all Unit Owners and mortgagees of units.Recovery thereunder shall not be affected on account of the availability of proceeds under any policies obtained by individual Unit Owners covering their own units and shall include a Special Condominium Endorsement(so-called)or its equivalent.Agreed Amount, Inflation Guard and Construction Code endorsements shall be required if available.A certificate of insurance,showing the amount of insurance,shall be issued to the owners of each unit,and the original or a certificate thereof shall,upon request,be delivered to the mortgagee of each unit.The Trustees shall periodically obtain an independent appraisal of the full replacement value of all portions of the building,including all of the units and all of the common areas and facilities,and additions,alterations and improvements, without deduction for depreciation,for the purposes of determining the amount of fire and extended coverage insurance to be effected pursuant to this Section,and the amount 16 Bk 10811 Pg 280 #19605 of such insurance shall in no event be less than the full replacement value so as determined. (d) Subject to the provisions of Section 4 of these Bylaws,insurance proceeds received by the Trustees shall be held in trust in an identified and segregated fund for the benefit of the Unit Owners and all mortgagees of all units.If the cost of restoring the common areas and facilities,or any unit,is estimated by the Trustees to exceed the sum of one thousand dollars($1,000.00),then the Trustees shall give written notice of such loss to all eligible Mortgage Holders and all eligible Insurers and Guarantors,as herein defined. (e) The cost of all such insurance obtained and maintained by the Trustees pursuant to the provisions of this Section 3 shall be a Common Expense of the Condominium. (f) Any such insurance obtained and maintained by the Trustees pursuant to the provisions of this Section 3 may have a deductible amount to be determined from time to time by the Trustees(but in no event shall such deductible amount be greater than the lesser of five thousand dollars($5,000.00)or one percent(i%)of the policy face amount),who shall simultaneously specify,in writing with notice to all Unit Owners,haw and by whom the amount of the deductible shall be paid in the event of a loss. (g) All insurance obtained and maintained by the Trustees shall conform to applicable requirements of the Federal Home Loan Mortgage Corporation("FHLMC")and the Federal National Mortgage Association("FNMA"),so long as FHLMC or FNMA hold one or more mortgages on units in the Condominium or any interest therein. (h). Each Unit Owner may carry insurance at his or her own expense for his or her own benefit insuring,inter alia,his or her carpeting £um drapes,fixtures, iture,furnishings and other personal property.He or she may also carry insurance for personal liability and loss assessment coverage,provided that all such policies shall contain waivers of subrogation and further provided that the liability of the carriers issuing insurance obtained by the Trustees shall not be affected or diminished by reason of any such additional insurance carried by a Unit Owner.Each Unit Owner shall promptly notify the Trustees of all improvements made by him or her to his or her unit the insurable replacement cost of which exceeds one thousand dollars($1,000.00),and such Unit Owner shall pay to the Trustees as an addition to his or her share of the Common Expenses of the Condominium otherwise payable by such owner any increase in insurance premium incurred by this Trust that results from such improvement. (i) Nothing shall be done or kept in any unit or in the common areas and facilities that will increase the rate of insurance on the buildings or the contents thereof without the prior written consent of the Trustees,unless the Unit Owner responsible for such increase shall agree to pay the amount of such increase. 17 Bk 10811 Pg 281 #19605 Q.Rebuilding and Restoration (a)In the event of damage to or destruction of the common areas and facilities as a result of fire or other casualty(unless Subsection 6 of this Section is applicable),or,in the event of damage to or destruction of any unit as a result of fire or other casualty,whether or not the common areas and facilities have been damaged or destroyed(unless Subsection 6 of this Section is applicable),the Trustees shall promptly adjust the loss,arrange for the prompt repair or restoration of the same,and disburse the proceeds of all insurance policies in payment of all costs and expenses actually incurred in connection with such repair or restoration in appropriate progress payments and with appropriate retainage.All insurance proceeds paid to the Trustees as Insurance Trustees on account of any casualty shall be dedicated first to the repair or restoration of the loss,and any application of said proceeds by the Trustees on account thereof shall be prior to the application of such proceeds for any other purposes. (b)In the event that the insurance proceeds are not sufficient to cover the cost of repairs to the common areas and facilities and the units,the proceeds will be first allocated to the cost of repairs to the common areas and facilities.The balance,if any,will go to the cost of repairs to the units in proportion to the cost of all repairs to the respective units as determined by the insurer or by independent appraisal.To the extent that the proceeds allocated as aforesaid are insufficient to cover the cost of repairs to the common areas and facilities,the balance of the cost of such repairs will be assessed against all Unit Owners as a Common Expense.To the extent that the proceeds allocated as aforesaid are insufficient to cover the cost of repairs to the units,the balance of the cost of such repairs to each unit will be assessed against all Unit Owners as a Common Expense. (c)Whenever the estimated cost of repair or restoration exceeds,as to any one casualty or occurrence,on the basis of an independent appraisal,the sum of twenty-five thousand dollars($25,000,00),then the,Trustees shall retain a registered architect or registered engineer,who shall not be,directly or indirectly,a Unit Owner or an employee or agent of any Unit Owner,or a Trustee or an employee or agent of any of the Trustees,or the manager,if any,or any employee or agent of such manager,to supervise the work of repair or restoration.No sums shall be paid by the Trustees on account of such repair or restoration except upon certification to them by such architect or engineer that the work for which payment is being made has been completed in a good and workmanlike manner in accordance with approved plans and specifications and that the estimated total cost of completion of said repair or restoration,less amounts theretofore advanced,does not exceed the undisbursed proceeds of insurance as augmented by funds obtained by any assessment or assessments levied or chargeable to the Unit Owners as a Common Expense. (d) The Trustees may perform emergency work essential to the preservation and safety of the Condominium,including all parts of the building and the common areas and facilities and the units,or the safety of persons,or required to avoid the suspension of any essential 19 Bk 10811 Pg 282 #19605 F service to the Condominium,including all parts of the building and the common areas and facilities and the units,without having first engaged an architect or engineer,adjusted the loss or obtained proceeds of insurance. (e) Subject always to the prior rights of the Unit Mortgagees,if there shall have been a repair or restoration pursuant to the foregoing,and the amount of insurance proceeds shall have exceeded the cost of such repair or restoration,then the excess of such insurance proceeds,if any,shall be added to the Condominium's reserve fund or,at the option of the Trustees,divided among all the Unit Owners in proportion to their respective interests in the common areas and facilities. 5.Condemnation If more than ten percent(10%)in value of the Condominium is taken under the power of Eminent Domain,then the taking shall be treated as a casualty loss,and the provisions of Section 4 of these Bylaws and the provisions of Chapter 183A,Section 17 shall apply.Where one or more units have been substantially altered or rendered uninhabitable as a result of a partial taking,and the Unit Owners vote to restore and continue the Condominium pursuant to Section 17 of said Chapter 183A,the Trustees shall have the authority to acquire the remaining portions of such units for such price as the Trustees shall determine,provided that any Unit Owner of such remaining portion who does not agree with such determination may apply to the Superior Court of Essex County,on such notice to the Trustees and the other Unit Owners as the Court shall direct,for an order directing the purchase of such remaining portion at the fair market value thereof as approved by the Court.Where,as a result of a partial taking,any unit is decreased in size or where the number of units is decreased by a partial taking,then the Trustees may make such provision for realignment of the percentage interest in the common areas and facilities as shall be just and equitable. In the event of a total or partial taking under the powers of eminent domain,the Unit Owners shall be represented by the Condominium acting through the Trustees.In the event of a partial taking,the award shall be allocated to the respective Unit Owners according to their undivided interest in the common areas and facilities,except as to such portion or portions of the award that are:attributable to direct or consequential damages suffered by particular units as determined by the:Court,which shall be payable to such Unit Owners or their mortgagees,as their interests may appear.Subject always to the prior rights of the Unit Mortgagees,in the case of a total taking of all units and the common areas and facilities,the entire award shall be payable to the Trustees to be distributed to the Unit Owners and their mortgagees in accordance with their respective percentage interests in the common areas and facilities. 6.Improvements Improvements to the common areas and facilities can be made if both unit owners agree and they shall assess the cost thereof to all Unit Owners as a Common Expense. 19 Bk 10811 Pg 283 #13605 I 7.Rules and Regulations (a) The Trustees have adopted the initial Rules and Regulations set forth on Exhibit B,which is annexed hereto and hereby incorporated herein by this reference and made a part hereof,governing the details of the operation and use of the common areas and facilities and containing such restrictions on,and requirements respecting the use and maintenance of,the common areas and facilities as are consistent with the provisions of the Master Deed and designed to prevent unreasonable interference with the use by the Unit Owners of the common areas and facilities. (b) The Trustees shall administer such Rules and Regulations. (c) The Trustees may at any time and from time to time amend,rescind and waive any or all such Rules and Regulations. (d) The Trustees may at any time and from time to time adopt other Rules and Regulations governing the details of the operation and use of the common areas and facilities and containing such restrictions on,and requirements respecting the use and maintenance of, the common areas and facilities as are consistent with the provisions of the Master Deed and designed to prevent unreasonable interference with the use by the Unit Owners of the common areas and facilities. 8.Meetings The Board of Trustees shall meet annually on the date of the Annual Meeting o£the Unit Owners.Other meetings may be called by any Trustee,and in such other manner as the Trustees may establish,provided,however,that written notice of each meeting,shall be given at least five (5);days before such meeting to each member ofthe Board of Trustees. 9.Notices to Unit Owners Every notice to any Unit Owner required under the provisions hereof,or that may be deemed by the'Trustees necessary or desirable in connection with the execution of the Trust created hereby or that may be ordered in any judicial proceeding,shall be deemed sufficient and binding if a written or printed copy of such notice shall be given by one or more of the Trustees to such Unit Owner by leaving such notice with him or her at his or her residence in the Condominium or by mailing it,postage prepaid,addressed to such Unit Owner at his or her address as it appears upon the:records of the Trustees,at least five(5)days prior to the date fixed for the happening of the matter,thing or event of which such notice is given,unless a different period for the giving of such notice is specified in these Bylaws. 20 Bk 10811 Pg 284 #19605 10Inspection of Books;Reports to Unit Owners The Trustees shall keep detailed records of their actions,and financial records and books of account of the Condominium,including a chronological list of receipts and expenditures,as well as a separate account for each unit,which,among other things,shall contain the amount of each assessment of Common Expenses against such unit,the date when due,the amounts paid thereon,and the balance remaining unpaid.Copies of the Master Deed,this Trust and these Bylaws,Rules and Regulations,and floor plans of the building,as the same may be amended from time to time,shall be maintained at the office of the Trustees.All of the foregoing records, accounts and documents shall be available for inspection by Unit Owners,their authorized agents,and lenders,mortgagees,holders,insurers and guarantors of any mortgage on any unit at all reasonable times."Available"shall mean available for inspection,upon request,during normal business hours or under other reasonable circumstances.The Trustees shall,as soon as reasonably possible,after the close of each fiscal year,or more often,if convenient to them, submit to the Unit Owners a report of the operation of the Trustees for such year,which shall include financial statements in such summary form and in such detail as the Trustees shall deem proper.Except in the case of fraud,committed by any Trustee,any person(other than a mortgagee or mortgage insurer or guarantor)who has been furnished with such report and shall have failed to obj ect thereto by notice in writing to the Trustees,given by registered or certified mail within a period of sixty(60)days of the date of receipt by him or her,shall be deemed to have assented thereto.The holders of fifty-one percent(51%)or more of first mortgages shall be entitled to have an audited statement prepared at their expense within a reasonable time if one is not otherwise available. IL Checks and Notes Checks,drafts and other instruments for the payment of money drawn or endorsed in the names of the Trustees or of the Trust must be signed by both Trustees or by any person or persons(who may be one of the Trustees)to whom such power may,at any time or from time to time,be designated by all of the Trustees.All vouchers for the payment of any Common Expense shall be approved by not less than three(3)Trustees in each instance. 12.:Seal The Trustees may,at any time or from time to time,at their discretion,adopt a seal circular in form bearing the name of this Trust and the year in which this instrument was recorded in the Registry of Deeds,or a common or wafer seal,which shall be valid for all purposes. 13I Fiscal Year The fiscal year of the Trust shall be the calendar year or such other date as may from time to time be determined by the Trustees. 21 Bk 10811 Pg 285 #19605 14.Management;Employees The Trustees may employ for the condominium a managing agent and a manager at the compensation established by the Trustees,to perform such duties and services as are customarily and usually performed by Condominium property managers in the Merrimack Valley area- Notwithstanding reaNotwithstanding anything to the contrary herein,any agreement for professional management of the.Condominium shall provide that the management contract may be terminated without cause and without payment of a termination fee or penalty on ninety(90)days'written notice or less, and the tern of any such contract shall not exceed three(3)years,except that the term of any such contract entered into at any time during the tern of the Initial Board of Trustees shall not exceed six(6)montbs. 15.Use of Units (a)No unit shall be occupied for nonresidential purposes,nor by more than one(1)family per unit nor more than three(3)unrelated persons per unit,provided,however,that any of the units may also be used as an office and/or artist's studio,but only accessory to such residential use and only if and to the extent such accessory office and/or artist's studio use is permitted by applicable zoning laws.So long as any unit mortgage or interest therein is held by the Federal National Mortgage Association C FWA"),no nonresidential space that is part of the Condominium may constitute,in FNMA's judgment,an inordinate amount of space devoted to nonresidential purposes. (b) If any unit or units are used for office and/or artist's studio purposes accessory to such residential use as set forth in Subsection A hereof,no signs or advertising shall be displayed on the exterior of the unit or units so used or in any part of the common areas or in or upon any part of the Condominium except for a nameplate on the mailbox,which shall be no larger than the nameplate slot on such mailbox.The visitation of business associates,clients and the general public with respect to such office use shall be substantially infrequent,and not more than one employee who is not a resident of any unit in the Condominium shall be employed therein(in addition to the resident of the unit being used for accessory office use). (c)Each Unit Owner shall be obligated to maintain his or her own unit and appurtenances thereto in good order and repair. 16.Use of Common Areas and Facilities A Unit Owner shall not place or cause to be placed in the common areas and facilities any furniture,packages or objects of any kind.The stairways shall be used for no purpose other than for-normal transit through them. 22 Bk 10811 Pg 286 #19605 17.Attorneys,Accountants,Appraisers The Trustees may,but need not,engage the services of attorneys,accountants,appraisers, architects,engineers,and other professionals in connection with their duties as such Trustees, upon the payment of such fees and upon such other terms and conditions as the Trustees shall decide,and such fees and other expenses in connection with such employment shall be Common Expenses of the Condominium.In the absence of fraud,the Trustees shall be protected in reasonably relying upon the opinion of such attorneys,accountants,appraisers,architects, engineers,or other professionals engaged by the Trustees pursuant to their duties as such Trustees. 18.Electricity,Gas,Other Utilities Electricity and Gras shall be supplied by the public utilities servicing the area in which the Condominium is located,directly to each unit through separate meters.Each Unit Owner shall be required to pay all bills and assessments for electricity,gas and other utilities,if any,consumed or used in his or her unit. 19.Violations by Unit Owners The violation of any rule or regulation adopted by the Trustees,or the breach of any of these Bylaws,or the breach of any provisions of the Master Deed or of this Trust or for the offending Unit Owner's Unit Deed shall give the Trustees the right,in addition to any other rights set forth in these Bylaws,to enjoin,abate or remedy by appropriate legal proceedings,either at law or in equity,or both,the continuance of any such breach.In addition to the foregoing,and not in substitution therefor,the Trustees shall have the power to levy fines against Unit Owners for such violations.No fine maybe levied for more than twenty-five dollars($25.00)for any one viotation,but each day a violation continues after notice shall be considered a separate violation. Collection of fines may be enforced against the Unit Owner or Unit Owners involved as if the fines were Common Expenses owed by the particular Unit Owner or Unit Owners.In the case of persistent violations by a Unit Owner,the Trustees shall have the power,after notice and a hearing pursuant to Section 34 hereof,to require such Unit Owners to post a bond to secure adherence to said Mules and Regulations,Bylaws,Master Deed,this Trust,or said Unit Deed. 201Violation of Law No noxious or unlawful activity shall be carried on in any unit or in the common areas and facilities nor shall anything be done therein,either willfully or negligently,that may be or become unreasonably annoying to the other Unit Owners or occupants.No Unit Owner shall make or permit any disturbing noises by himself or herself,his or her family,guests,agents, servants,employees,licensees,or tenants,nor do or permit anything by such persons that will unreasonably interfere with the rights,comforts or conveniences of other Unit Owners or occupants. 23 Bk 10811 Pg 287 #19605 2L'Maintenance and Repairs (a)All maintenance and replacement of and repairs to any unit,ordinary or extraordinary other than to the common area and facilities contained therein not necessitated by the negligence,misuse or neglect of such Unit Owner,and to the doors and windows,and to electrical,plumbing,and heating fixtures within the unit or belonging to the Unit Owner that arenot a part of the common areas and facilities,and the washing of exterior glass of his or her unit shall be done by the Unit Owner at the Unit Owner's expense,excepting as otherwise specifically provided herein.Each Unit Owner shall be responsible for all damage to any and all other units and to the common areas and facilities that his or her failure so to do may engender. (b) All maintenance,and replacements of and repairs to the common areas and facilities as defined in the Master Deed,and all maintenance,and replacement of and repairs to the exterior walls of the building and to structural parts of the building and the painting and decorating of the exterior doors of the building and exterior window sash,shall be made by the Trustees and shall be charged to each of the Unit Owners as a Common Expense, except to the extent that the same are necessitated by the negligence,misuse or neglect of a Unit Owner,in which case such expense shall be charged to such Unit Owner. 22.Right of Access Subject to the provisions of said Chapter 183A,Section 4,Clause(2),the Trustees in their capacities as such,and any manager engaged by them,and any persons authorized by the Trustees or such manager,shall have a right of access to all units in the Condominium,at any time in case of emergency,and at all other times dining reasonable times by prior appointment with each Unit Owner,for the purpose of making inspections or repairs to either the unit to which such persons seek access,or to another unit,or to any part of the common areas and facilities. 23.Household Pets Unit owners shall be allowed to keep no more than 2 cats and/or one dog. If the pet creates excessive noise,is allowed to be outdoors except on a leash,or in any way creates a disturbance, the.Trustees may order that the pet be removed from the Condominium,and the Owner of the pet shall immediately comply with such request. Each owner shall hold the Trustees and each of the other Unit Owners and their respective agents and employees harmless against loss,liability, damages or expense for any actions of his or her pets)within the Condominium. 24.Structural Integrity Nothing shall be done or maintained in any unit or in the common areas and facilities that will impair the structural integrity of any part of the building of the Condominium. 24 Bk 10811 Pg 288 #19605 25 No Alterations Neither the exterior of any unit nor the common areas and facilities nor the stairways shall be altered,constructed,removed,decorated or painted in any manner except with the written consent of the Trustees.Any Unit Owner is free to decorate the interior of his or her unit in any manner as he or she sees fit without requiring the consent of the Trustees so long as such decorations do not alter the structure of the unit or the building. 26.Signs Except only as set forth in Subsection 2 of Section 15("Use ofUnits")of the Bylaws of this Trust,no business,professional,commercial or other signs,whether designed for profit,altruism or otherwise,shall be maintained or permitted on any part of the property,nor shall any"For Sale,""For Rent,"or"For Lease"sign be permitted thereon except by the Declarant during such time as the Declarant owns one or more units in the Condominium and except for any Mortgagee who may become the owner or Mortgagee in possession of any unit,but in no event shall any such sign be larger than two(2)square feet. 27.'Combustible Materials No Unit Owner shall permit or suffer to be kept at any time any flammable,combustible or explosive fluid or substance on the property of the Condominium or in his or her unit except for such lighting and eleaning fluids as are customary for residential use. 28.Safety Each Unit Owner assumes complete responsibility for the safety of himself or herself,his or her family,guests,agents,servants,employees,licensees and tenants while such persons are in his or her unit,or any other unit or in the common areas and facilities of the Condominium. 29.Sale of Units (AJ No Severance of Ownership No Unit Owner shall execute any deed,mortgage,or other instrument conveying or mortgaging title to his or her unit without including therein the Appurtenant Interests(as hereinafter defined), it tieing the intention hereof to prevent any severance of such combined ownership.Any such deed,mortgage,or other instrument purporting to affect one or more of such interests,without including alt such interests,shall be deemed and taken to include the interest or interests so omitted,even though the latter shall not be expressly mentioned or described therein.No part of the:Appurtenant Interests of any unit maybe sold,transferred,or otherwise disposed of,except as part of a sale,transfer,or other disposition of the unit to which such interests are appurtenant, or part of a sale,transfer,or other disposition of such part of the Appurtenant Interest of all un4s.As used herein,"Appurtenant Interests"shall include 25 Bk 10811 Pg 289 #19605 (i); the undivided interest of a Unit Owner in the common areas and facilities; (ii) the interest of such Unit Owner in any other assets of this Trust;and (iii) any exclusive rights and easements set forth in Paragraph(3)of the Master Deed. j (B)Payment ofAssessments No Unit Owner shall convey,mortgage,pledge,hypothecate,sell or lease his or her unit unless and until he or she shall have paid in full to the Trustees all unpaid Common Expenses, theretofore assessed by the Trustees against his or her unit and until he or she shall have satisfied all unpaid liens against such unit.This paragraph shall not apply to any first mortgagee o£any unit. 30 Tenants Any Unit Owner may lease or rent his or her unit,subject,however,to the following conditions: (A)Any lease or occupancy agreement shall: (i) be in writing and apply to the entire unit and not merely a portion thereof; (ii) be for a term of at least twelve(12)months; (iii) expressly provide that the lease or occupancy agreement shall be subject in every respect to the Master Deed ofthe Condominium,the Declaration of Trust of the Condominium Trust,and the Bylaws and Rules and Regulations thereof,as the same have been amended most recently prior to the execution of the lease or occupancy agreement; (iv) contain the following notice,in capital letters,double spaced: IMPORTANT CLAUSE: ,THE APARTMENT UNIT BEING LEASED[RENTED] UNDER THIS LEASE[OCCUPANCY AGREEMENT]IS LOCATED IN A CONDOMINIUM BUILDING--NOT A RENTAL APARTMENT HOUSE.THE CONDOMINIUM BUILDING IS OCCUPIED BY THE INDIVIDUAL OWNERS OF EACH APARTMENT(EXCEPT FOR CERTAIN APARTMENTS,SUCH AS THIS ONE,WHICH ARE BEING OCCUPIED BY TENANTS).THE TENANT UNDERSTANDS THAT HIS OR HER NEIGHBORS IN THE BUILDING ARE 26 Bk 10811 Pg 290 #19605 (EXCEPT AS AFORESAID)THE OWNERS OF THE HOMES THEY OCCUPY AND NOT TENANTS LIVING IN A RENTAL APARTMENT HOUSE.THE TENANT,BY SIGNING THIS LEASE[OCCUPANCY AGREEMENT]ACKNOWLEDGES THAT HE OR SHE HAS BEEN FURNISHED WITH A COPY OF THE MASTER DEED OF THE CONDOMINIUM,THE DECLARATION OF TRUST OF THE CONDOMINIUM TRUST AND THE BYLAWS AND RULES AND REGULATIONS THERETO AND THAT HE OR SHE HAS READ AND UNDERSTANDS THE SAME AND THAT HE OR SHE WILL BE EXPECTED TO COMPLY IN ALL RESPECTS WITH THE SAME,THE TENANT UNDERSTANDS THAT IN THE EVENT OF ANY NONCOMPLIANCE,THE TENANT MAY BE EVICTED BY THE TRUSTEES OF THE CONDOMINIUM TRUST(WHO ARE ELECTED BY THE UNIT OWNERS);IN ADDITION,TETE TENANT MAY HAVE TO PAY FINES, PENALTIES AND OTHER CHARGES;AND THE PROVISIONS OF THIS CLAUSE TAKE PRECEDENCE OVER ANY OTHER PROVISION OF THIS LEASE[OCCUPANCY AGREEMENT],"and (v) Any failure by the tenant to comply in all respects with the provisions of the Master Deed of the Condominium,the Declaration of Trust of the Condominium Trust and the Bylaws and Rules and Regulations thereto shall constitute a material default in the lease(occupancy agreement).In the event of such default,the Trustees of the Condominium Trust shall have the following rights and remedies against both the Unit Owner and the tenant,in addition to all Other rights and remedies that the Trustees and the Unit Owners(other than the owner of the affected unit)have or may in the future have,against bath the owner of the affected unit and the tenant. All rights and remedies of the Trustees and the Unit Owners(other than the owner of the affected unit)are deemed at all times to be cumulative and not exclusive as follows: (a) The Trustees shall have the right to give written notice of the default to both the tenant and the Unit Owner.Said notice shall be deemed properly given if lett in any part of the unit addressed to the tenant,and mailed,postage prepaid,registered or certified mail,return receipt requested,addressed to the owner of the unit as such address then appears on the records of Trustees or by delivering said notice in hand or by delivering said notice in any other manner permitted by law. I (b) If the default continues for five(5)days after giving said 4 i 27 � I Bk 10811 Pg 291 #19605 I notice,then the Trustees shall have the right to levy fines against the owner of the affected unit in accordance with the provisions of Section 20 of the Bylaws and terminate the tenancy by giving notice in writing to quit to the tenant in any manner permitted by law,in the name of the landlord(Unit Owner)or in the name of the Trustees,or both.In case of a tenancy at will,the time of such notice shall be sufficient ifit equals the interval between the days of rent payment or thirty(30)days,whichever is longer.In case of a lease,seven(7)days'notice shall be sufficient.In either event,a copy of such notice to quit shall be delivered or mailed to the landlord(Unit Owner)in the manner set forth hereinabove.Thereafter,the Trustees may initiate and prosecute a summary process action against the tenant under the provisions of Chapter 231 in the name of the landlord or in the name of the Trustees,or both. (c) The Trustees shall be entitled to levy a fine or fines,or give a notice or notices to quit followed by a summary process action or actions.The Trustee's may elect to pursue any of the foregoing remedies,either at the same time,or in the event of any further default. (d) All of the expenses of the Trustees in giving notice and notices to quit and maintaining and pursuing summary process actions and any appeals therefrom shall be entirely at the expense of the owner of the affected unit.Such costs and expenses may be enforced and collected against the Unit Owner and unit as if the same were Common Expenses owed by the unit or Unit Owner. (B) (i) The Unit Owner shall make reasonable efforts,at his or her expense and upon his or her initiative to inform rental agents of the provision of this section and shall,at his or her own expense,and upon his or her own initiative,furnish copies of the Condominium documents to the tenant and cause the lease or occupancy agreement to be prepared in conformity with the provisions of this Section. Any renewal or extension of any lease or occupancy agreement shall be subject to the prior written approval of the Trustees in each instance.Such approval shall not limit any rights or remedies of the Trustees or Unit Owners in the event of a subsequent default. A true copy of the lease or occupancy agreement shall be delivered to the 28 I Bk 20811 Pg 292 #19605 Trustees forthwith upon its execution. (iv) The provisions of this Section shall take precedence over any other Section in the lease or occupancy agreement. (v) Notwithstanding anything to the contrary herein and notwithstanding any custom,law,or usage to the contrary,it is expressly understood and agreed that neither the Trustees nor the Unit Owners shall ever bear any personal or individual responsibility with respect to said lease or occupancy agreement. (vi) Every lease or occupancy agreement shall have,attached thereto,and incorporated therein by reference,a copy of this Section. Notwithstanding anything to the contrary in this Section,it is expressly understood and agreed f that the provisions of this Section 30 shall not apply to the Declarant nor to any first mortgagee in possession of a unit following default by the Unit Owner in his or her mortgage or holding ! title to a unit by virtue of a mortgage foreclosure proceeding or deed or other agreement in lieu of foreclosure. 31<Nondiscrimination Notwithstanding anything to the contrary herein,no part of this Trust or these Bylaws or the Rules and Regulations now or hereafter adopted or promulgated(including but not limited to the provisions of Section 30)shall ever be deemed to prevent,restrict,discourage,or hinder,in fact, in any manner whatsoever,the alienation,conveyance,mortgage,purchase,sale,rental,lease, license,use,or occupancy of units or any negotiations in connection therewith because of race, religion,creed,color,national origin,sex,sexual preference,age,ancestry,marital status, blindness,status as a veteran or member of the armed services,membership in any ethnic group, or by reason of the fact that children will occupy such unit,receipt o€public assistance,or,in addition to the foregoing,by any reason whatsoever prohibited by any federal,state,county or municipal law. 32,Percentage of Unit Owners Whenever the term"Percentage of Unit Owners"or"Percentage of Units"is used in this instrument,it shall mean the owners of the specified percentage in the aggregate in interest of the undivided ownership in the common areas and facilities of the Condominium. 33 Protection of Mortgagees;Federal Dome Loan Mortgage Corporation;Federal National Mortgage Association A.Definidens (i) The term`T'HLMC"means Federal Rome Loan Mortgage Corporation. 29 Bk 10811 Pg 293 #19605 (ii) The term"FNMA"means Federal National Mortgage Association. (iii) The term"eligible Mortgage Holder"means a holder of a first mortgage on a unit who has requested notice of certain matters from this Trust as set forth in these Bylaws. (iv) The tern"eligible Insurer or Guarantor"means an insurer or governmental guarantor of a first mortgage who has requested notice of certain matters as set forth in these Bylaws. (v) The term"Constituent Documents"means,collectively,the Master Deed,this Trust and the Bylaws and Rules and Regulations thereto and the Master Plans. B.Prohibitions Notwithstanding anything to the contrary in the Constituent Documents: (i) There shall be no restriction upon any Unit Owner's right of ingress or egress to his or her unit,which right shall be perpetual and appurtenant to the ownership of the unit. (ii) There shall be no restriction on the right of a Unit Owner to sell,transfer or otherwise convey his or her unit.There shall be no`right of first refusal"so-called or any similar restriction. (iii) There shall be no restriction on the right of any Unit Owner to mortgage or otherwise encumber his or her unit. (iv) The Condominium shall not be subject to"expansion"or"phases,"so-called. (v)`. Prior to the passage of control ofthis Trust to consumer unit purchasers,no contract or lease(including management contracts)shall be entered into unless this Trust is provided with a right of termination of any such contract or lease with or without cause, exercisable without penalty at any time after transfer of control,upon not more than 90 days'notice to the other party thereto. (vi) The Constituent Documents shall not be amended or modified if the result of any such amendment or modification would: (a) add a`right of first refusal"so-called;or (b) permit an addition or expansion to the Condominium project in which sections or phases are established. C-Rights of Eligible Mortgage Holders and Eligible Insurers or Guarantors Notice of Action:Upon written request to this Trust identifying the name and address of the 30 Bk 10811 Pq 294 #19605 mortgage holder,insurer or guarantor and the unit number or address,any first mortgagee and any such eligible Mortgage Holder or eligible Insurer or Guarantor will be entitled to timely written notice of- (i) f(i) any condemnation loss or any casualty loss that affects either a material portion of the project or any unit on which there is a first mortgage held,insured,or guaranteed by such eligible mortgage holder or eligible insurer or guarantor,as applicable; any delinquency in the payment of assessments or charges owed,or default in the performance by the borrower of any obligation under the Condominium Constituent Documents,by an owner of a unit subject to a first mortgage held,insured or guaranteed by such first Mortgage Holder or eligible holder or eligible Insurer or Guarantor,which remains uncured for a period of 60 days; (iii) any lapse,cancellation or material modification of any insurance policy or fidelity bond maintained by the Trust;and (iv) any proposed action that would require the consent of a specified percentage of eligible mortgage holders. D.Amendment to Documents (i): Where Unit Owners are considering termination of the legal status ofthe project for reasons other than substantial destruction or condemnation of the property,the consent of owners of units to which one hundred percent(100%)of the votes in this Trust are allocated and the approval of eligible Mortgage Holders representing at least sixty-seven percent(67%)of the votes of the mortgaged units shall be required to terminate the legal status of the project as a Condominium. (ii)' The consent of the owners of units to which at least seventy-five percent(75°l0)of the votes in this Trust are allocated,and the approval of at least fifty-one percent(51°fo)of the eligible Mortgage Holders(based on one vote for each unit subject to a mortgage held by an eligible Mortgage Holder),shall be required to add or amend any material provisions of the constituent documents of the project,which establish,provide for, govern or regulate any of the following: (a) voting rights; (b) assessments,assessment liens or subordination of such liens; (c) reserves for maintenance,repair and replacement of the common areas; (d) insurance or fidelity bond requirements; (e) rights to use the common areas; 31 Bk 10811 Pg 295 #19605 ( responsibility for maintenance and repairs; (g) expansion or contraction of the project or the addition,annexation or withdrawal ofproperty to or from the project; (h) definitions of unit boundaries; (i) interests in the general or limited common areas; (j) convertibility of units into common areas or of common arcas into units; (k) leasing units; (l) reallocation of interests in the general or limited common areas or rights to their use; (m) a decision by the Trust to establish self-management when professional management had been required previously by an eligible Mortgage Holder; (n) imposition of any restrictions on a Unit Owner's right to sell or transfer his or her unit; (o) restoration or repair of the project(after hazard damage or partial condemnation)in a manner other than that specified in the Condominium Constituent Documents; (p) any action to terminate the legal status of the project after substantial destruction or condemnation occurs;or (q) any provisions that are for the express benefit of Mortgage Holders, eligible Mortgage Holders or eligible Insurers or Guarantors of mortgages on units. An addition or amendment to such documents shall not be considered material if it is for en-ors purpose of correcting technical errs ar for clarification only.An eligible Mortgage Holder who receives a written request to approve additions or amendments that are not material who does not submit a response to the requesting party within thirty(30)days after the request is made shall be deemed to have approved such request.Additionally,if specifically provided by any applicable FNMA regulation,implied approval of any addition or amendment may be assumed when an eligible Mortgage Holder fails to submit a response to any written proposal for an amendment within 30 days after the proper notice of the proposal is received,provided the notice has been delivered to the Mortgage Holder by certified or registered mail,return receipt requested.This clause(iii) 32 Bk 10811 Pg 296 #19605 shall not apply to FHI,MC. A Right ofAction This Trust and any aggrieved Unit Owner shall have a right of action against Unit Owners for failure to comply with the provisions of this Trust and the Bylaws and Rules and Regulations thereto,the Master Deed,the Master Plans and each unit deed and unit plan,and with decisions of the Trustees of this Trust.Each Unit Owner shall have a similar right of action against this Trust.Any such action may be brought in any court of competent jurisdiction. F.First.Mortgagee Obtaining Tffle Except as otherwise provided in Chapter 183A,any first mortgagee who obtains title to a Condominium unit pursuant to the remedies provided in the mortgage or foreclosure of the mortgage will not be liable for such unit's unpaid dues or charges that accrue prior to the acquisition of title to such unit by the mortgagee. G.Additional Prohibitions Except as provided by statute in case of condemnation or substantial loss to the units and/or common elements of the Condominium project,unless at least two-thirds of the first mortgagees (based upon one vote for each first mortgage owned)or owners(other than the sponsor, developer or builder)of the individual Condominium units have given their prior written approval,this Trust shall not be entitled to: (i) By act or omission,seek to abandon or terminate the Condominium project; (ii) Change the pro rata interest or obligations of any individual Condominium unit for the purpose of(1)levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards or(2)determining the pro rata share of ownership of each Condominium unit in the common elements; (iii) Partition or subdivide any Condominium unit; (iv) By act or omission,seek to abandon,partition,subdivide,encumber,sell or transfer the common elements.(Granting easements for public utilities or for other public purposes consistent with the intended use of the common elements by the Condominium project shall not be deemed a transfer within the meaning of this clause); (v) Use hazard insurance proceeds for losses to any Condominium property(whether to units or to common elements)for other than the repair,replacement or reconstruction of such Condominium property; (vi) No provisions of the constituent documents shall give any Unit Owner or Owners or any other party or parties priority over any rights of first mortgagees of Condominium units 33 Bk 10811 Pg 297 #19605 pursuant to their mortgages in the case of a payment to Condominium Unit Owners of insurance proceeds or condemnation awards for losses to or taking of Condominium units and/or common areas and facilities. H.Tote or Consent The right of any Unit Owner to vote or grant or withhold any consent or exercise any rights pursuant to the provisions of this Trust or the Master Deed may be assigned to or restricted in favor of any mortgagee.The Trustees shall be bound by such assignment or restriction,provided, however,that such assignment or restrietion'does not conflict with the provisions of said Chapter 183A and that the mortgagee has notified the Trustees of such assignment or restriction in writing. L Information The Trust shall promptly deliver the following information,in writing,to any mortgagee, mortgage holder,mortgage servicer,FHLMC or FNMA,requesting same,without expense to the requesting party: (i) notification of any default in the performance by the individual unit borrower of any obligation under the Condominium Constituent Documents that is not cured within sixty (60)days, (ii) a written certification as to whether the owner of any unit encumbered by a mortgage held or serviced,in whole or in part,by the requesting party,is more than one(1)month delinquent in the payment of Condominium common area charges or assessments; (iii) written certification as to the percentage of Unit Owners who are more than one(1) month delinquent in paying Condominium common area charges or assessments;and (iv) a statement to the best of the Trust's knowledge as to the percentage of units that have been sold and conveyed to bona fide purchasers(who have closed or who are legally obligated to close)and the percentage of units that are occupied by individual Unit Owners as their primary year-round residence. J.FHLMC;FNMA The provisions of this Section 33 are set forth so that the Condominium will comply with the requirements of FHLMC and FNMA,and the provisions of this Section 33 shall be construed and interpreted in accordance with that intention.Notwithstanding anything to the contrary in the Constituent Documents,the provisions of this Section 33 shall at all times take precedence over all other provisions in the Constituent Documents,and this Section 33 shall not be amended or modified without the express prior written consent of FHLMC and FNMA,except as expressly 34 Bk 10811 Pg 298 #19605 provided in the immediately following sentence.In the event that,at any time and from time to time,applicable Rules and Regulations of FHLMC or FNMA are changed or modified,then and in any such event or events,the prohibition contained in the immediately foregoing sentence shall be deemed to be changed and modified so as to permit the amendment and modification of the,Constituent Documents so that the Constituent Documents shall comply with such changed or modified Rules and Regulations of FB MC or FNMA,or both. 35 Bk 10811 Pg 299 #19605 Exhibit R Exhibit B is hereby incorporated into and made a part of the Bylaws of 29—31 HILLCREST FARMS CONDOMINIUM. RULES AND REGULATIONS OF 29—31 HILLCREST FARMS CONDOMINIUM TRUST L No Obstruction of Common areas and Facilities No:one shall unreasonably obstruct any part of the common areas,facilities or hallways,without prior consent of the Trustees. 2. No Articles in Common Area Na clothes,sheets,blankets,laundry or other articles shall be hung out of a unit or exposed on any part of the common areas and facilities. 3. Toys,Baby Carriages,Etc. No baby carriages,toys,playpens,bicycles,velocipedes,benches,chairs or other articles shall be placed on any part of the common areas and facilities except when such articles are in actual use by a Unit Owner,or his or her family or guests. 4. No Liabilily for Personal Property of Unit Owners All personal property of the Unit Owners or any other occupant of a unit,whether in the units,in the common areas and facilities,in the Parking Spaces or elsewhere on the Condominium property,shall be kept therein at the sole risk and responsibility of the respective Unit Owner or occupant,and the Trustees shall have no responsibility therefor. 5. Radios,Phonographs,Musical Instruments The volume of television sets,radios,computers,phonographs,high fidelity sound reproduction devices,musical instruments,etc.,shall not be operated in any manner that would creates excessive noise or in any way become a nuisance. Notwithstanding anything contained herein, such volume shall be deemed to create excessive noise and become a nuisance if it can be heard in any other unit between the hours of 11:00 p.m.and 7:00 a.m. 6. No Offensive Activity No,noxious or offensive activity shall be carried on in the common areas and facilities,nor shall anything be done therein either willfully or negligently that may be or become an annoyance or nuisance to the other Unit Owners or occupants.No Unit Owner shall do or permit anything to 36 1� Bk 10811 Pg 300 #19605 be done by his or her family,servants,employees,agents or visitors that will interfere with the rights,comforts or conveniences of other Unit Owners or occupants.No public hall shall be decorated or furnished by any Unit Owner in any manner. 7. Trash Alk garbage and trash must be placed in the proper receptacles designed for refuse collection,and no garbage or trash shall be placed elsewhere in any of the common areas and facilities. 8. Exterior Apparatus Under no circumstances shall any air-conditioning apparatus,television or radio antennas, clothes line,clothes rack or any other such device,or other items,be installed on the exterior of any unit,or on the common areas and facilities or be permitted to be hung out of a unit. Notwithstanding anything contained herein,window type air-conditioning units may be placed in the window of any unit,so long as the same does not unreasonably interfere with any of the other Unit Owners. 9. Damage Any damage to any building,equipment or common areas and facilities caused by a Unit Owner or such Unit Owner's family,visitor,or pet shall be repaired at the expense of the Unit Owner. 10. Doors Unit doors opening into public halls and building entry doors shall be kept looked and secured at all times except when actually in use. 11. Reasonable Maintenance Unit owners shall maintain,care and upkeep the exterior of their unit,including landscaping,in a reasonable and attractive manner. 37 r�7—�3.—?s'_tlbri) 12efJ3ra Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEPF£le#:742-1601 eDEP Transaction#:598704 WP'A Form 5-Ostler of Conditions City/fown:NORTHRNDOVER Massachusetts Wetlands Protection Act M.G.L.o.131,§40 A.General Information 1.Conservation Commission NORTH ANDOVER 2.Issuance a. p_ OOC b.o Amended OOC 3.Applicant Details a.FirstName JOHN b.LastName BURKE G Organization d.Mailing Address 14 CIIICKERING ROAD Z` Code 01845 e.City/Town NORTH ANDOVER f.State MA g ip 4.Property Owner a First Name ROBERTI. b.Last Name BURKE TRUST o.Organization C/o ILK HARRINGTiON,TRUSTEE d.Mailing Addiess 600 CLARY.STREET,47H FLOOR e.City/Town TEWKSBURY f.State MA g.Zip Code 01876 5.Project Location a.Street Address COTUrr STREET&LEYDEN STREET b.Clty/Town NORTAANDOVER c.Zip Cade 01845 d.Assessors Map/Plat#47 e.Pmul/Lot# 148&151 £Latitude 4Z67786N g.Longitute 71.12535W 6.Property recorded at the Registry of Deed for: a.County b.Certificate e.Book d.Page NORTHERN ESSEX '8735 35 7.Dates a.Date NOIFfled:812512013 b.Date Public HearhtgClosed:9/25/2013 c,Date Oflssuance:9t26/2013 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: e.Plan Signed/Stomped by: d.Revised Final Date:e.Scale: SITE PLANS COTLRT&LEYDEN PENNONI9/£2/13&9/23/13 1" 9 STREETS(SHEETS ASSOCIATES,INC. BENJAMSN C.OSGOOD,JR. (Sheets) 1-6) B.Findings Page 1 of 10*ELECTRONIC COPY Bk 13919 Pg11 #15469 Massachusetts Department ofEnviranmentalProtection ProvidedbyMam))EP. Bureau of€kesource Protection-Wetlands MassDEPFi1c#-.242-1601 WPA Form 5-Order of Conditions eDEP Transaction#!:598709 Massachusetts Wetlands Protection Act M.G.L.o.13I,§40 City/Pawn:NORTt1ANDOVHR I.pindings pursuant to the Massachusetts Wetlands Protection Act Following the review oftho the above-refbreneed Notice of Intent and based on the infommtion provided in this application and presented at the public hearing,this Commission fords that the areas in which we&.is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a.0 Public Water Supply b.a LandCemainingShelldsh ao PrevantionofP01£u0on d.o Private Water Supply e.o Fisheries f.0 ProtectlonofWiidiifellabitat g.a Ground Water supply h.0 Stone Damage Prevention i.o Flood Control Z.Coarnissionhereby finds the project,as proposed,is: Approved subjeetto: a.o The followingconditlonswhicharenecessaryinaccordancewiththeperformancestandardssetAmbinthewetlandsregulations This Commission orders that all work shall be performed in accordance with the Notice of intent referenced above,Ota following General Conditions,and any other special conditions attached to this Order.To tht,"tent that the following conditions modify a differ from the plans,specl6cations,or other proposals submitted with the Notice of Intent these conditions shall control. Denied because: b.n The proposed work cannot be conditioned to mid the performance standards setfanhInthewedandregulations.Thorefore, work on this project may not go forward unless and until a now Notice of latent is submitted which provides measures which are adequate to protect interests of the Act,and a final Order of Conditions is issued A description of the performance standards which the proposed work cannot meet is attached to this Order. c.o The information submitted by the applicant is not sufficient to describe thesite thework or the effect ofthe work an theinteresrs iden6&ed in the Wetlands Protection ActThercfore,work on this projectmay not go forwardunless and unfil a revised Notice of Intent is submitted which provides sufficient information and includes measures which areadequate to protect the interests of the Act,and a final Order of Conditions is issued.A description of the specific information which is tacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 30 Buffer Zone Impacts:Shortest distance between limitoflueject disturbance and the welland resource 20 area specified in 314Qvdt10.02(I)(a). a,lutea,fact Inland Resource Area Impachn(ForAppmvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4.a Bank IL finer feet h.linear feet c.lbtearfaet d.linearteat 5.a BorderhngVegetatedWeOacd a squats feet b.square feet c.square feet d.square feet 6.0 LartdunderWaterbodiesandWatorways a square feet b,square feet c,square fact d,square fact e.etydmdged Cdydredged Page 2 of 10 4 ELECTRONIC COPY F Bk 13919 Pg12 #15469 Massachusetts Department of Environmental Protection Provided by Mas$DEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-160t 598709 WPA Form 5-Order of Conditions �ytrown:aORTH:ANDO Massachusetts Wetlands Protection Act M,G.L.C.131,§40 GStyllown:NORTHANbOVER 7.a BorderinglandSubject toFlooding a square feet b.square feet a.square fat d,square feet Cubic Feet Flood Storage e.cubic feet E cubic feet &cubic feet h.cubic fed S.a Isolated Land SubjedtoFlooditig asquarefeet b,square feet Gitbia FectFfood Srorage a cubic feet d.cubk; e,cubic feet £cubiefeet 9.o RiverhontArea a total sq.feet b.total sq.tot Sgftwitbat 100 ft a.square feet d.square feet a square feet L square feet Sq ft between 100.200 ft , g,square feet h.squarefeet i,square feet j.square feet Coastal Resource Area Impacts: Proposed Permitted Proposed Permitted Resource Area Alteration AIteration Replacement Replacement 10.11 Designated PortAzcas Indicate at=under Land Under the Oxmy below 11,o Land Under the Ocean a square feet b.square feet c.cry dredged d.c/y dredged 12.o BarrierBeaches Indicate size under CoastalBeaches"orCoastalDunesbelow 11 a Coastal Beaches a.squarefeet b.squarefeet c,c/ynouristuttentddynasrisbment 14.o Coastal Dunes asttuerefeet b.squarefeet c.r/ytunvishtnentd,rlyno-urislttnent M o Coastal Bands a.linearfeet h linearfeet 16.a Rocky lonaddal Shores asquarefect h.squarefed 17.a Salt Marshes a squarefeet b.square feet a square feet d.square feet Ito Land Under Salt Ponds a square feet b.square feat c.cry dredged d,cly dredged 19.0 Land Contalnbtg Shellfish Page 3 of 10}ELECTRONIC COPY Elk 13919 Pg13 #15469 Massachusetts Department of Environmental Protection Provided byM=DEP: Bureau of Resource Protection-Wetlands M MEP Pile#:242-1601 WPA Form 5-Order of Conditions eDEP Transaction#:589709 Massachusetts Wetlands Protection Act M.G.L.e.131,§40 Citytfown:NORTHANDOVER a.square feet b,square feet c.square feet d.square feet indicate size under Coastal Banks,hdartdBack,Land Under the 20.o Fish Runs Ocean,andlor inland Land Under Waterbodies and Waterways, above c,cly dredged d,cry dredged 21.❑Land Subject to Coastal Storm Flowage a square feet b.square feet 22. n Restoration/Enhancement(For Approvals Only) Ifthe project is for the purpose of restoringorenhaneing a wetland resource area in addition to the squarefootage that has been entered in Section B.S.c&d orB.17.e&d above,please entered theadditional amount hero, a.square feet of BVW b.square feetof Saltmarsh 23. 0 Streams Crossing(s) Ifthe project involves Stream Crossings,please enter the numberofnew stream crossingstnumber of replacement stream crossings. a number of new stream crossings b.number of replacemontstream emsshw C.General Conditions Under Massachusetts Wetlands Protection Act The fattoving conditions are only applicable to Approved projects I. Faiiuretocomplywithallconditionsstatedhena4andwithallrelatedstatutesandotherreguleturymeasures,slatttbedeomed cause to revoke or modify this Order. 2 The Order does not grant say property rights or say exclusive privileges;it does not authorize any injury to private property or invasion efptivate two. 3. This Order does not relieve thepemtiamoranyotherpersonofdteneomityofcomplyingwithallotherapplicablefederal, state,or local statutes,ordinances,bylaws,or regulations. 4. The work authorized hereunder shall he completed within three years from the date of this Order unless either ofthe following apply, a the work is a maintenance dredging project as provided for in the Ad;or b,the time for completion has been extended to a spec3fted date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Aider. 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 oftbe Order. b. If this Order constitutes an AmemiedOrder of Conditions,this Amended Order of Conditions does not exceed the issuance date ofthe original Final Order ofCoaditicim 7. Any fill used in connection with this prejectshall be dean fill,Any fill shall contain no hash,refits,rubbish,or debris,Including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,thrs,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 8, This Order is not final until all administrative appeal periods from this Order have elapsed,or ifsuch an appeal has been taken, until all proceedings before the[)apartment have been completed. Page 4 of 10*ELECTRONIC COPY Bk 1.3919 Pg14 #15469 Massaebusetts Department of Environmental Protection PmvidcdbyMassDEP: Bureau of ResourceProtection-Wetlands MassDEP File 11:242-1601 WPA Form 5-Order of Conditions DOFF Transaction#:548709 Massaehusetts Wetlands Protection Act M.G.L.c.131,§40 City/Iown:NORTH ANDOVER 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district inwhich the land is located,within the chain of title of the adi'eted property.In die case of recorded land, the Final Order"also be noted in the Registry's Grantorladex under the name of the owner ofthc land upon which the proposed work is to be done.In the can of thereg'tstered land,the Final Order shall also be noted on Abu Land Court Certificate ofTitto of the owner of the land upon which the proposed work is done.The recording infomation shall be submitted to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencementofwork. 10. A sign shall W displayed atthe site not less then two square fed or more than thmo square feet in size bearing the words, - 'Massachusetts Department ofEnvironmattal Protection" (or'Massl)EP'l File Number:"?A2-1601" 11. NVhm the Depaitmenteflinvhomnental Protection is requested to issue a Superseding Order,the Conservation Commission shall be aparty to all agency proceedings and hearings before Mass DEP. 12. Upon completion ofthe work described herein,the applicant shall submit a Requmfor Certificate ofCompliance(WPA Form SA)to the Conservation Commission. 13.The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition 413 above shalt require the applicant to inquire ofthe Conservation Commission in writingwbether the change is signlScantenoughto require the filing of anewNotice of intent. 15. The Agent or members ofthe Conservation Commission and the Department offirrvironmentall Protection shall have the right to erne and inspect subject to this Orderst reasonable haws to evaluate compliance with the conditions stated in this Order,and may require thesubmittal ofany data deemed necessary by the Conservation Commission or Department for that evaluation. 16.This Order of Conditions shall apply to any successor in interest or successor in control oftheProperty subject tothis Order and to any contractor or other person po,*rming work conditioned by this Order. IT Prior to the start ofwork,and ifthe project involves work adjacent to a Bordering Vegetated Wetland,the boundary ofthe wetland in the vichdty of theproposed work area shalt be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate ofComptiancehas been issued by the Conservation Commission 18. All sedimentation barriers shall be maintained in good repair until all dishaberi areas have been MY stabilized with vegetation or alter moans.At no time shall sediments bedeposited in a w'ettand or water body.During construction,the applicant or his/her designee shall inspect the erosion controls on adaily basis and shall remove accumulated sediments as needed.The applicant stall immediately cannot any erosion problems that occur at the site and shall also immediately noti fy the Conservation Commission,which remves the right to require additional erosion andtordamage prevention controls it may deem accessary. Sedimentation barriers shall serve as the limit ofwmk unless another limit ofwork If=has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The wmkassotaatedwith thisorder(tbe'R'rojeel")s(t)a isnot(2)o subject to the Massachusetts StormwaterStandards. If the work is subject to Samawater Standards,theathe projectissubjectto thetbilowingconditkos; a) All work,including site preparation,lands islurbance,construction and redevelopment,shall be implemented in accordance with the constmctionpedod pollution prevention and erosion and sedimentation control plan and,ifapplicable,the Stomrwater PallutionPrevenfion Planrequired by the National Pollutant Discharge BtintrationSydem Construction General Pemnitas requiredby Smmtwater Standard 8,Construction period erosion,sedimentation and pollution control measures and bestmanegemcntpmetices(BMPs)shall remain in place unlit thesits is fiellystabibzed. b) No stormwater runoff may be discharged to the post-constnwtian stormwater BMPS unlessand until a Registered Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any consnuaion period BMPs intended to be converted to post construction operation forstomtwater attenuation,recharge,and/or butolent,the conversion is allowed by the MassDEF Stomrwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, lactudingremoval o£all construction period sediment trapped m intetand outlet control structures;±i..as-built final construction Page 5 of 10 x ELECTKON(C COPY Bk 13919 Pg15 #15469 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP Pile#:242-1601 598709 WPA Form 5-Order of Conditions aDy/roww aORTH:ANDO ClCyffmvn:NORTHANDOVEE Massachusetts Wetlands Protection Act AG.L.e.131,§40 BMP plansare included,signed and stamped by a Registered Professional Engineer,catifying the site is fully stabilized;X. any illicit discharges to thestomhwater management system have been removed,asperthe requirements of Sta rnwater Standard 10;iv,all posir-construction stormunitaBWs are installed innocordsoce with the plans(including Bit pkuting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and thatihey,are in proper working condition;v.any vegetation associated with post-construction BMPs is suitably established towithstand erosion e) ThelandownerisresponsbleforBMPmaintenanceuntiltheissu€ngauthorityisnotifiedthatanotirerpartyhaslegallyassumed responsibility forM&maintenance.Pr€art(i requesting a Certificate o£Compliance,orPardal Certificate of Complianoo,the responsible party(defined in General Condition 19(e))shall execute and submit to the lasing authority an Operation end Maintenance Compliance Statement{"O&M Statement")for the Stormwatu BMPs identifying the party responsible for implementing the stonuwater M&operation andMainteuance Plan("O&M Plan"}and cat€fying the following:t)the G&M Plan is complete and w€1,be implemented upon eeceiptofthe Certificate of compliancr,and ii.)the future responsible parties shall be notified in writing of theirougohig 10991 responsibility in operateand maintain the stsinawateroun igemeatBMPs and implement the Starnwaterpollution Prevention Pfau. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-tam Pollution prevention plan section of the approved StormwaterReport and,€f applicable,the Stomtwater Pollution Prevention Plan required by theNadonal Pollutant Discharge Hirninatron System Multi-Swer General Permit. e) Unless and until another partyaccepsresponsibility,thelandowner,orownerofmydrainagearsement,assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner ofthe property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing(tat anodierat ity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements ofCond€tions 19(t)through t9(k)with respect to that BMP.Any failure of the proposed responsible patty to implement the requirements of Conditious 19(f)through 19(k)with respect to thatBMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more Bran one la;Pre legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally b€nding agreement f) The responsible party shall triturate and maintain all stmorwata BW&in accords=with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook gl The responsible Party shall: 1.lefahttain an operatics and maintenance tog for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stomtwater management system or any part thereof,and disposal(for disposal the log shall indicate the type ofmaterial and the disposal location); 2.Make the maintenance log available to MmIDBP and the Conservation Commission("Commission")upon requesk and 3.Allow members and agents of the MassDEP and the Commission to enter and inspwirc site to evaluate and ansate that the responsible party is in compliance with the requirements for each BIvtP established in the O&M Plan approved by the issuing authority. h) All saf€mentor othercontam€lams removed from stormwater BMPs shall be disposed ofin accordance with all applicable federal,sate,and West taws and regulations. 1) Illicit discharges to the stormwatex management system as defined in 310 Cha 1004 art prohibited. J) Thestoemwaterramhager"tsystemapprovedintleOiderofConditionsshallnotbechangedwithoutthepriorwritten approval of theissuing authority. k) Areas designatedas qualifying pervious ateasfor the Purpose ofthe Low lmpact Sim Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low CmpaotDevelopment Site Design Credits)shall net be altered without the prior written approval oftreissuing authority. 1) Access for maintenance,repair,andtor replacement ofBMPsshalt not bewithhold,Any forcing constructed around stomtwater BMP;shall include access gates and shall be at six inches above grade to allow for wildlife passage. Page 6 of 10 a ELECTRONIC COPY Bk 13919 Pg16 #15469 Massachusetts Department of Environmental Protection Providcdby M—DEP: Bureau of Resource Protection-Wetlands M=DEP File#:242-1601 WCitylToPA Form 5-Order of Conditions a ty/rown:NORTTI ANDOVER ausaction#:595709 Massachusetts Wetlands Protection Act M.Q.L.c.131,§40 Special Conditions: SEE ATTACHED. Page 7 of 10 ELECTRONIC COPY Bk 13919 Pg17 #115469 LlMassachusetts Department of Environmental Protection PrvvidedbyMassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242.1601 l�—t WPA Form 5-Order of Conditions eDEP Transaction#:598709 Massachusetts Wetlands Protection Act M.G.L.c.131,§40 Crty/ibwn:NORTH ANDOVER D.Findings Under Municipal Wetlands Bylaw or Ordinance 1• Is a municipal wetlands bylaw or ordinance applicable?❑ Yes a No 2. The Conservation Commission her ft(cheek one that ap In ieS): a. ❑ DENIES the proposed work which cannot bcconditioned to meet the standards set fmlh in a municipal ordinance or bylaw specs scally: I.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may outgo forward unless and until a revised Notice offntentis submitted whichprovides measures which areaderinateta meet these stnndards,and a final Order or Conditions is issued.Which are necessary to comply with municipal ordinance or bylaw: b' n APPROVES the proposed work,subject to thefollowing additional conditions. 1.Municipal y WE BYLAW OrdinanceorB law NORTH ANDOVER 2 Citation CHAPTER 178 3, The CommissionordersthatallworkshallbeperformedinaccordancewiththefollowingconditionsandwiththeNoticeof Intent referenced above.To the extent that the following conditions modify or differ from the ptans,specifications,or other proposals submitted with the Notice of lnteM the conditions shall control.. The special conditions relating to municipal ordinance or bylaw are as follows: SEEATI'ACHED. Page 8 of 10*ELECTRONIC COPY Bk 13919 P918 #15469 Massachusetts Department of Environmental Protection MMass TetassDEP: as sDEP PF Fi le#=?A2-1 b01 Bureau of Resource Protection-Wetlands eDEP Mannsaction 0:598709 WPA Form S-order of Conditions City/fown:MRTHANDOVER Massachusetts Wetlands Protection Act M.G.L.o.131,§40 F.Signatures _ This order is validfortleco years frarn the date of issuance,unless 0thctwise specified pursuentroGenerdCondition tl4.IfthisisanAmended OrduofConditictu,theAmardect I.Dateof0" tOrder Orderoxpins,onto sumo date as the original Order of Conditions. Pteaseindicatethenumberofteembarswhowinsipthisform.ThisOrdermustbesignedby 2.Number fSt ws a majority of the Coruervatiar Cemmission. The Order must be mailed by ceatified mail(return mcciptruquested)or handdelivered to theappticant.A copy also mustbe mailed or hand d,h,,md attic same titre totheappropriate Depmmtea of Environmental protection Regional Office,ifnotfiling elechwucally,andtheproperty owner,Tdifferent from applicant. Signa o by hand delivery on 54y certified mail,return receipt requested,on -f ILL - Date Date F.Appeals The applicant,the owner,any person aggrieved by this Order,any owner oflandabutting the land subject to this Order;or any ten residents ofthe city or town in which such land is located,are hereby notified of theirright to request the appropriate MessDEP Regiones Office to issue a SupetsedingOrder of Conditions.The request must be made by unified manor handdeiivay to the Deparnamt with the appropriate filing fee and a completed Request for Departmental Action Pee Tmnsmittnl Form,as provided in 310 CM 10.07(7)within ten business days from the date of issuanoo of this Order.A copy ofthe request shall at the same time be sent by certified mail orband delivery to the Conservation Commission and to the applicant,if hdshe is not the appellant. Any appellants se1ringto appeal the0epamnenrs Superseding Order associated with this appeal will be iequ'med to demonstrate prior participation in the review ofthis project.Previous participation in the permit proceeding means the submission of written information to the Conservation Comrttsssion prtorte the close ofthe public hearing,requesting a Superseding Order,of providing written inforrriat[on to the Department prior to iesunace ofa Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to thaproteetion ofthe interests identified he the Massachusetts Wetlands Projection Act(M.G.L.a 131,§40},and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extemthat the Oitler is based on amunicipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Aa or regulations,the Department has no appellate jurisdiction. Page 9 of 10+ELECTRQNTC COPY Elk 13919 Pg19 #15469 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File 9:242-1601 WPA Form S-Order of Conditions eDEP Transaction 9:598709 Massachusetts Wetlands Protection Act M.G.L.c.131,§40 Cityfrown:NORTITANDOMBR G.Recording Information This Order of Conditions must be,recorded in the Registry of Deeds or the Land Court for the district in whisk the land is located, within the chairs oftitle ofthe,affected property.In the case of recorded land,the Final Order shall also be noted in the Regstry`s Grantor Index under the name ofthe owner ofthe land subject to the Order.In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title ofthe owner ofthe land subject to the Order ofConditions.The recording information on this page shall be submitted to the Conservation Commission listed below. NORTHANDOVER Conservation Commission Detach on dotted line,have stamped by the Rcgistry of Dells and submit to the Conservation Commission. ................................................................................................................_....................................................................................... To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: COTDTr STREET&LEYDEN STREET 242-1601 ProjectLoeation RlessDEPFdeNumber Has been recorded at the Reg€stry of Deeds of Canty Book page- for. agefa: Property Owner ROBERT 7.BURKE TRW and ties been toted in the chain of title ofthe affected property in: Book Page in accordance with the Order of Conditions issued on: Date Ifrecordedland,the inshtanentnumber idami mpthis,transaction is: InshantentNumbes Ifr4stered land,the documentnumber identifying this transaction is: DocumentNumber. Signature of Appi€eant an.ui2oro Page 10 of 10*ELECTRONIC COPY Bk 13919 Pg20 #15469 DEI'FILE#242-1601 Therefore,the North Andover Conservation Commission(hereafter the"NACC")hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. 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 20.The proposed work includes:construction of four townhouse units on two lots, stormwater management infrastructure,underground utilities,and associated clearing,grading and landscaping,portions of which are within the Buffer Zones to Bordering Vegetated Wetland(BV W)associated with an intermittent stream. 21.The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Applicant: John Burke 14 Chickering Road North Andover,MA 01845 Property Owner: Robert J.Burke Trust C/o R.H.Harrington,Trustee 600 CIark Street,4th Floor Tewksbury,MA 01876 Notice of Intent prepared by: Benjamin Osgood,Jr. Pennon Associates,Inc. 13 Branch Street,Suite 103 Methuen,MA 01844 Dated:July 31,2013 Site Plans prepared by: Pennon Associates,Inc. Title:Site Plan Cotuit&Leyden Streets North Andover,Massachusetts Sheets: 1-6 Last Revised:9/12/13&9/23/13(Sheet 3) Stamped by:Benjamin C.Osgood,Jr.,P.E. Stormwater Analysis and Calculations prepared by: Pennoni Associates,Inc. Date:September 12,2013 242-1601,Cotuit&Leyden Street Townhouses 1 NACC 9/26/2013 Bk 13919 P921 #15469 BEP FILE#242-1601 Stormwater Review: Lisa Eggleston Eggleston Environmental 32 Old Framingham Road,Unit#29 Sudbury,MA 01776 Review letter dated:September 19,2013; Inspection&Maintenance Manual prepared by: Pennoni Associates,Inc. Date:September 12,2013 22.The term"Applicant"as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23.The conditions of this decision shall apply to,and be binding upon,the applicant, owner,its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24.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. 25.This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of property rights. However,the NACC,agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and'inspect the property at all reasonable times until a Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions,the Act(310 CMR 10,00),the North Andover Wetland$yLaw and Regulations,and may require any information,measurements,photographs, observations,and/or materials,or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC,agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26.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. 27.The work authorized hereunder shall be completed within three years from the date of this order. 242-1691,Cotuit&Leyden Street Townhouses 2 NACC 9/26/2913 Bk 13919 Pg22 #15469 DEP FILE#242-1641 28.This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least jbia days(30)prior to the expiration date of the Order (Refer to Section 8.3 of the North Andover Watland Regulations). 29.The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30.This order is issued in addition to DEP File#242-1261 which originally permitted eight (8)townhouses.The permit is now expired.A Certificate of Compliance is under consideration for the four constructed townhouses(of the eight proposed)and the stormwater management structures constructed under the prior order. 31.Where the Department of Environmental Protection(DEP)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. 32.Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 33.The following wetland resource areas are affected by the proposed work:Buffer Zone to Bordering Vegetated Wetland(BV W)associated with an intermittent drainage/stream channel. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 34.The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 35.The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(25')No- Disturbance Zone and a fifty foot(50')No-Construction Zone shall be established from the edge of Bordering Vegetated Wetland(BV W).The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the No-Disturbance zone. 36.This document shall be included in all construction contracts,subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors,subcontractors, and other personnel performing the permitting work are fully aware of the permits 242-1601,Condt&Leyden Street Townhouses 3 NACC 926!2013 Bk 13919 Pg23 *15469 DEP FILE#242-1661 terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 37.The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. 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 water damage. Maintenance of the drainage system,if accepted by the Town as part of a public way,becomes the responsibility of the Town. PRIOR TO CONSTRUCTION 38.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 or Court have been completed. 39,This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods.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. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40.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 DEP,File Number 242-1601." 41.Any changes in the submitted plans caused by the applicant,another Board's decision or resulting from this Order of 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.No work shall begin on a project until written approval has been granted by the NACC. 24D-1601,Cotuit&Leyden Street Townhouses 4 NACC 9/2612013 Bk 13919 Pg24 #15469 PEP FILE 4 242-1601 42.It is the responsibility of the applicant,owner,and/or successor(s)to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 43.Prior to any work commencing on-site,the applicant shall submit to the NACC for approval,a detailed sequence of construction,including the installation of all sedimentation/erosion control measures,clearing,grading foundation installation, paving,and all other site work through final stabilization. 44.Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s)throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery,storage of machinery or materials,stockpiling of soil,or construction activity is to occur beyond this line at any time. 45.Staked hay bales and trenched siltation fence,as detailed on Sheet 6 of 6 in the plans referenced herein,shall be placed between all construction areas and wetlands. The erosion control barriers and erosion control measures will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion,or any noticeable degradation of surface water quality discharging from the site. For example,installation of erasion control measures may be required in areas not shown on the plan(s)referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commission's request. 46.The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling,a minimum of 10 hay bales 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. 47.A check payable to the Town of North Andover shall be provided in the amount of $7,500 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 through 242.1601Cotuit&LeydeaStreet Townhouses S NACC912612013 i Bk 13919 Pg25 #15469 DEP FILE 9 242-1661 the NACC before commencement of work. Said 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 provisions,satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACCs review and approval. This condition is issued under the authority of the local ByLaw. 48.The applicant shalt be responsible for placing signs on each parcel,where there is more than one(1)lot,designating the applicable lot number as depicted on the plans approved and referenced herein. 49.The applicant shall designate a Wetland Scientist(or other environmental professional as approved by the NACC or its agent)as an"Erosion Control Monitor"to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted,due to an emergency at the site,during any 24-hour period,including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm.This person shall be given the authority to stop construction for erosion control purposes.The Environmental Professional will'immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50.At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized,the applicant shall submit a written report(with photos)from the"Erosion Control Monitor"to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection,all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity,and/or other water quality impacts.The Erosion Control Monitor shall be on site during and/or following a major storm event of 11Y'inch of rain or greater(24 hour event)to ensure that soils remain stable,and erosion controls are adequate and secure. 51.Prior to construction,the applicant shall permanently mark the edge of the"25'No- Disturbance Zone"on all delineated wetlands(where not already marked or where the wetland line has changed)with signs or markers spaced evenly every 30 feet incorporating the following text: "Protected Wettand Resource Area"and the associated rules(1 square for every 3 round markers).These markers will designate 212-1601,Cundt&Leyden Street Townhouses 6 NACC 9/26/2/013 Bk 13919 Pg26 #15469 DEP PILE#242-1601 the sensitivity of the resource area and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Markers are available from the Conservation Department($2 round and $3 square). 52.The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party,subject to said Orders of Conditions,the"Compliance Certification Form Affidavit"attached via"Appendix A"signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five(5)business days prior to the closing of said land transaction. 53.Once these above mentioned pre-construction requirements are complete,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,the environmental monitor,and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts,subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors,subcontractors and other personnel performing the permitted work are fully aware of the permits terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order of Conditions resulting Brom failure to comply with its conditions. 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. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g.72 hours). STORMWATER MANAGEMENT CONDITIONS 54.All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent,the Department of Environmental Protection Stormwater Management Standards,and as approved by the NACC in this Order of Conditions. 55.All stormwater best management practices shall be maintained as specified in the Inspection and Maintenance Manual submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance of the stormwater 242-1601,Cotuit&Leyden5ireet Townhouses 7 NACC 9/2&2013 Bk 13919 Pg27 #15469 DEP FILE#242-1601 management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer. The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted until a COC is obtained. Maintenance bills submitted by cleaning contractors(catch basins,etc.)shall be submitted with annual engineering reports.Following the issuance of a COC Stormwater Management System Inspection and Maintenance Logs(as provided in the Inspection&Maintenance Manual)and/or proof of annual maintenance activities for all stormwater structures and activities shall be maintained for a prior 5 year period and shall be available upon request for review by the NACC or its agent in perpetuity. 56.Temporary and/or permanent basins and swales being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6)inches.The basins shall be cleaned of sediment prior to final grading and construction of permanent stormwater structures. 57.All roof runoff shall be directed to the infiltrators to provide groundwater recharge,as shown on the approved plans referenced herein. 58.There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 59,Water quality in down gradient BV W's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 60.Stormwater infiltration basins shall not be used for snow stockpiling. 62.As proposed by the applicant a Condominium Association shall be established and be responsible for the implementation of the Inspection&Maintenance Manual as referenced and attached herein. This condition shall remain in perpetuity to this Order. Written agreements of all conditions required in perpetuity of this Order, inclusive of all stormwater maintenance agreements,shall be submitted to the NACC upon completion of construction and prior to the issuance of a certificate of compliance. 62.Prior to the issuance of the Certificate of Compliance,and the Condominium Association assuming responsibility,the applicant shall be responsible for cleaning all stormwater structures,in accordance with the"Inspection&Maintenance Manual" and the associated stormwater management conditions referenced herein. 742-1601,Cotuit&Leyden Street Townhouses 8 NACC 9/26/2(}13 Bk 13919 Pg28 #15469 DEP FILE#242-1601 DURING CONSTRUCTION 63,IMPORTANT: Immediately upon completion of the house foundation,and prior to further construction activities associated with the site,the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.)which accurately depicts the foundation location and its proximu to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. Failure to comply may result in a stop work order for the site. 64.Upon beginning work,the applicant shall submit written monthly progress reports 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. 65.Catch basins within fifty feet(50')of construction will be protected with silt sacks. 66.De-watering activities are not proposed. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval,which provides for the pumped water to be contained in a settling basin,to reduce turbidity prior to discharge into a resource area. 67.Temporary construction entrances shall be installed as detailed on Sheet 6 of the herein referenced plan.If material is tracked beyond the construction entrances onto the adjacent roadways,it will be swept up daily 68.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 on any of the foregoing. 69.All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or foamed,seeded and matted.All disturbed areas must be graded,loamed and seeded prior to November tat of each year.Outside of the growing season,exposed soil finish grade surfaces shall be stabilized with jute matting or by other means approved by the NACC until climate conditions allow for seeding.No exposed area shall remain unfinished for more than thirty(30)days,unless approved by the NACC. 70.No re-grading in the buffer zone shall have a slope steeper than 2:1(horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 242-1601,Cotuit&Leyden Street Townhouses 9 NACC 9/26/2013 Bk 13919 Pg29 #15469 DEP FILE#242-1601 71.There shall be no stockpiling of soil or other materials within fifty(50)feet of any resource area.Stockpile areas are designated on Plan Sheet 3 of 6.Changes in stockpile location shall be approved by the Conservation Department. 72.Washings from concrete trucks,or surplus concrete,shall not be directed to,any drainage system,or wetland resource area.Truck washing shall not occur within jurisdictional areas unless the designated area and a plan for containment of sediment are approved by the Conservation Department in advance. 73.All waste generated by,or associated with,the construction activity shall be contained within the limit of work,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(or other suitable means)at the site for the storage and removal of such spent construction materials off-site. However,no trash dumpsters will be allowed within 50'of areas subject to protection under the Act or local ByLaw. 74.Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 75.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 within one(1)business day. 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. AFTER CONSTRUCTION 76.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`s Wetland protection ByLaw. 77.Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types(<5%),and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a 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's Wetland Protection ByLaw and shall remain in perpetuity. 78.There shall be no dumping of leaves,grass clippings,brush,or other debris into a wetland resource area or beyond the limits of clearing. This condition shall remain in perpetuity. 242-1601,Cotuit&Leyden Sheet Townhouses 10 NACC 9/26/2013 Bk 13919 Pg30 #15469 DEP FILE#242-1602 79.Upon completion of construction and grading,all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 80.Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed un-vegetated areas shall be seeded. 81,Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A-"Request for a Certificate of Compliance." b. A tetter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer(and/or Registered Professional Land Surveyor)of the Commonwealth certifying that the work has been conducted as shown on the plan(s)and documents referenced above,and as conditioned by the Commission i. An'As-Built"plan prepared and signed and stamped by a Registered Professional Civil Engineer(and/or Registered Professional Land Surveyor)of the Commonwealth,for the public record. This plan will include: ➢ "As-Built"post-development elevations of all drainage&stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: if portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built"post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include(but are not limited to)septic systems,additions,fences,sheds,stone walls, pools,retaining walls,subsurface utilities and decks. 242-1601,Comit&LeydonStreet Townhouses It NACC9J2612013 - Bk 13919 Pg31 #15469 DEP FILE#242-1601 ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work"includes aU disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 82.The following special conditions shall survive the issuance of a Certificate of Compliance(COC)for this project: ➢ 25'No-Disturbance Zone and a 50'No-Construction Zone shall be established from the edge of adjacent wetland resource areas as approved under DEP#242-1601. Future work within 100'of existing wetland resource areas will require a separate filing with the NACC.The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area Markers(Condition#51); ➢ Stormwater Management System Maintenance(Condition#55&#61); ➢ Discharge or spillage of pollutants(Condition#75); Prohibition of underground fuels(Condition#76); ➢ Limitations on the use of fertilizers,herbicides,and pesticides(Conditions #77); ➢ There shall be no dumping of leaves,grass clippings,brush,or other debris into a wetland resource area or beyond the limits of clearing(Condition #78); > "Inspection&Maintenance Manual"(see attached),including Best Management Practices attached. No additional filings will be required to conduct maintenance of the above referenced system and plan. 242-1601,Cotuh&Leyden Street Townhouses 12 NACC 9!26/2413 Bk 13919 Pg32 #15469 DEP FILE#242-1601 APPENDIX A-AFFIDAVIT [, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECKATLEAST ONE BLOCK) 1. 1 am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC member) the North Andover Conservation Commission. &/or 2._ I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (E)EP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. r hereby affirm and acknowledge that on this_day of 19� 1 inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#} 8c 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) 147r1601,Cotult&Leyden Street Townhouses 13 NACC 9/76/2013 Bk 13919 Pg33 #15459 inspection and Maintenance Manual Construction Phase: The BMPs associated with this project will be owned by the property owner during construction,who will be responsible for inspection,operation and maintenance. 1. The contractor Is to Install and maintain drainage facilities as shown on plan. 2. Prior to construction,all erosion/sittation control devices shown on plan are to be installed.To prevent sift intrusion into the drainage system during construction, the contractor is to install and maintain inlet protection at all catch basins,and set a sift fence and straw bales at all slopes which may erode in the direction of any open drainage facilities.Such preventive measures are to be maintained throughout the construction process. 3. Construction will follow the following consiruction sequence: a. install erosion and sediment controls as shown on plan prior to earth moving operations. b. Commence clearing and grubbing. c. Cut and dispose of any debris produced during grubbing operations. d. Perform earthwork operations.All out and fill slopes shall be seeded and mulched within 72 hours after being constructed. Disturbed areas should be stabilized with grass by October f at,so as not to be left exposed during winter conditions.Disturbed areas which are not stabilized with grass prior to October 16t shall be protected by installation of erosion control blankets. e. install site drainage and utilities. f. Catch basins inlets shall be protected from sediment in accordance with the design plans.Pipe outlets of the dry detention basin shall be protected with straw bate check dams.Erosion controls shall remain until the entire disturbed area Is sufficiently stabilized. g. install binder paving of driveway and parking areas. h, install site landscaping and permanent seeding of all disturbed areas. I. After all seeded areas have established stable growth,all temporary erosion control measures shall be inspected and cleaned.Silt,sediment, and debris shall be removed from the grass swale,sediment farebay, infiltration basin and dry detention basin prior to installing final pavement. j. Contractor shall notify and coordinate with all authorities responsible for inspections.It is the contractor's responsibility to obtain all required inspection sign-offs. 4. Erosion controls are to be inspected and maintained for stability and operation within 12 hours of each runoff-producing rainfall but in no case less than once Drainage Report-[Ldoc Bk 13919 Pg34 #15469 every week.upon discovery of silt build-up in any catch basin sumps or other structures,they are to be cleaned. 5. All exposed soils including soil stockpiles shall be immediately stabilized with a layer of mulch straw or jute blankets-as needed for slopes steeper than 3:1. 6. For existing catch basin in Cotuit Street,inlet protection-as described on site plans-shall be installed prior to beginning of construction and maintained during all construction until ready for paving. I 7. Glean sift and debris from the sediment forebay,infiltration basin and dry detention basin prior to installing final surface treatment. ; 8. After paving is installed,it shall be swept clean on a regular basis_ 9. All construction equipment shall be parked outside of the 900'buffer zone area at the end of the day. All machinery found to be a potential source of a future spill shalt be removed from the construction site and repaired. Vehicles with chronic or continuous leaks must be removed from the construction site and repaired before returning to operations. No leaking of any material from equipment or vehicles will be tolerated on the job site. Contractor is solely responsible for any spills of hazardous materials and the subsequent cleanup and disposal of waste and restoration of any contaminated areas. No refueling, storage,servicing or maintenance of equipment shall take place within the 100' buffer zone area No refueling or servicing shall be done without absorbent material or drip pans properly placed to contain spilled fuel. s r f f Drainage Report-R.doe I r i Bk 13919 Pg35 #15469 Pen STORMWATER MANAGEMENT SYSTEM Construction Phase Inspection and Maintenance Log Fate of BMF'l5j+stem i)ate of CieahmgiR pairNe$ded Cleaning Coln Qnen't Elis.ectloti InsWat ftems.t Comments Re alr Performed b Pavement Sweeping Catch Basins Drain Manholes Outlet Control Structures Drain Pipes Swales Sediment Forebay infiltration Basin Detention Basin Silt Back Drainage Report R.doc Bk 13919 Pg36 #15469 i i Post-Development Phase: The property owner Is to be responsible for maintenance of all drainage structures in the project including roof drains,catch basins,manholes,drain pipes and stormwater management components.In the event of change of ownership,the I&M requirements shall be transferred to the new owner. i i Regular inspection maintenance is to Include the following: 4. Inspection of all drainage facilities(catch basins,pipes,grass swale,sediment forebay, Infiltration basin and dry detention basin)on an annual basis.During these inspections, the inspector(a registered professional civil engineer qualified in drainage systems as designated by the owner)shall took for evidence of the following:structural damage,sift accumulation,and improper function.A report on the system shall be delivered to the owner and a copy shall be kept at project site and available for inspection. 2 After inspection,if any of the above conditions exist,the inspector shall notify the owner who shalt immediately arrange for all necessary repairs and/or sediment removal. 3. The parking area is to be swept clean,as required(i.e.,visually noticeable debris build- up).A minimum of once per year,preferably just after snow melt. 4. All graded slopes shalt be inspected every spring for erosion.Upon discovery of any failure(Le,erosion),rip-rapl(oam and seed shall be put in place and nurtured.Slopes shall be mowed on an annual basis to prevent tree growth i 5_ During the winter months,all snow is to be stored such that snow melt is controlled 4 within the paved area and enters the stormwater treatment system, r i Inspection Costs The annual costs of implementing the required inspections and maintenance outlined in the long tern pollution prevention plan are expected to be as follows: • Quarterly inspection by a registered professional engineer $500 • Annual parking lot sweeping completed by homeowner $0 • Removal of trash and debris from pond areas by homeowners $0 • Removal of sift from swale,forbay,and Infiltration basin $9000 • Annual mowing $3000 • Annual catch basin cleaning(by town) $ 0 Public Safefv The stormwater management system is designed as a passive system and when maintained properly It should not pose any threat to public safety.Side slopes of the ponds and swates are designed at grades which are not hazardous,water will not pond for excessive amounts of time in the open treatment and storage devises,and the system can accommodate large storms so that water will drain and not remain where it may be a hazard to vehicles. Drainage Report R.doe PennonM�_ STORMWATER MANAGEMENT SYSTEM Inspection and Maintenance Log BM;SISystem Cleaning! Component fJaf eof i-,?Repair Maintenance Requited& Date of :;Inspection :CleaningfRepatr IJeede&4.C16a"t, . Perfdr.med Fre uenc Inspection Inspector list items7comnients' t Re..,a'"ii' b. • Swept clean as required(i.e. Pavement visual noticeable build-up).A . Sweeping minimum of once per year, preferably just after snow melt. • Inspect and clean annually for Catch Basin the evidence of structural Sumps/Drain damage,sift accumulation and Manholes/ improper function. Outlet Control • Remove accumulated sediments Structure and debris from sump when sump is more than 25%full. • Inspect annually for the evidence of structural damage,silt accumulation and improper Drain Pipes function. • Clean pipes when sediment occupies more than 20%of pipe diameter. • Inspect annually for the evidence W of structural damage,silt accumulation and improper function. Swales . Remove sediment once a year. • Repair areas of erosion and a revegetate as needed but no less than once a year. N • Mow the qrass once a month w rn Drainage Report-Rdoo tD Penno»iSTORMWATER MANAGEMENT SYSTEM Inspection and Maintenance Log �r a BMP%System Cleaning/ Component Date of Repair Co Maintenance Required.8 Date.of Inspection . Cleaning/Repair Needed Cleaning/ Performed tr Frequency Inspection. Inspector list items/comments Repair by a during growing season. 0) rn inspect annually for the evidence m of structural damage,silt accumulation and improper Mfunction. Sediment • Remove sediment deposits when Forebay they reach a depth of S inches. • Mow the side slopes and basin bottom,remove trash and debris, grass clippings and accumulated organic matter every six months. • Inspect after every major storm during first three months of operation and annually thereafter Infiltration for the evidence of structural Basin( damage,sift accumulation and Dry Detention improper function, Basin . Mow the side slopes and basin bottom,remove trash and debris, grass clippings and accumulated organic mafter,.every six months. Graded Inspect every spring for erosion. Slopes/ Repair any erosion by placing Rip-Rap rip-rap/loam and seed in place and nurtured Drainage Report-R.doc 9 Town of North Andover ZONING BOARD OF APPEALS Albe Y P.Masai lll - q Cb-,— q 3I S(.` - BtLen P. !i's i sa Cbnrrvi�n L D.Paul Koch Jr.l;sq.,Ckrk Douglas Ludgin _ Allan Cus6a A—d,s,31­1­ D-,y le 1G Derey ivinrgenthal Nathan Weinwid, alcxandria a.lacabs Esq- 1 i�wn Clerk 7unr$tamp Any appeal shall be filed within(20) Notice of Decision days after the date offiling of this Year 2016 notice in the office of the Town Clerk, per Mass.Gen.L.ch.40A,§17 Property at: Lot 5 CoNit Street I 0 Leydon Street(Map 47,Parcels 151),North Andover,MA 01845 NAtME:Robert J.Burke Trust HEARINGS}:petober 13,2016,November 01,2016 ADDRESS:Lot 5 Cotuit Street t 0 Leydon Street(Map 47, PETITION:2016-014 Parcels 151),North'Andover,MA 01845 The North Andover Board of Appeals held a public hearing at The Senior Center,at 120R Main Street,North Andover,MA on Tuesday,November 01,2016 at 7:30 PM on the application of Robert J.Burke Trust for property located at Lot 5 Cotuit Street/0 Leydon Street(Map 47,Parcel(s)15I),North Andover,MA 01845 The Petitioner is requesting a Special Permit to construct a new two family dwelling in Lot 5,in accordance with Sections 4.122,14,4.122.14A(b)ofthe North Andove.r Zoning Bylaws,for real property located within the R4 Zoning District. Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,September 27,2016,and October 04 2016. The following regular voting members were present:Albert P.Manzi III,Ellen P.McIntyre,and D.Paul Koch Jr., the following Associate members present:Deney MorganthaI,Alexandria Jacobs and Nathan Weinxeich D.Paul Koch made a motion to GRANT a Special Permit to allow the construction of a Two family dwelling on Lot 5 Cotuit Street/0 Leydon Street(Map 47,Parcel(s)151),North Andover,MA 01845 Sections 4.122.14,4,122.14A(b)of the North Andover Zoning Bylaws Ellen Mchltyre second the motion All those in favor to Grant the Special Permit:Albert Manzi III,Ellen P.McIntyre,D.Paul Koch Jr,Deney Morganthal and Alexandria Jacobs All in Favor 5-0 The Board finds that based on the information contained within the Application along with documentation provided and testimony taken,at the public hearings,this use as developed by the building and site plans contained within the Application and other supporting documentation,will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians since there are provisions for the required off-street parking. Adequate and appropriate facilities will be provided for the proper operation of the proposed new two(2)family dwelling for Lot 5. The Board finds that the new two(2)family dwelling will not be substantially more detrimental to the neighborhood and that it will be in harmony with the general purpose and intent of this Bylaw. Site: Lot 5 Cotuit Street t 0 Leydon Street(.Map 47,Parcells)151),North Andover,MA 01845. Petitioner is requesting a Special Permit to construct a new two family from Section 4.122.14,4.122.14A(b)of the Zoning Bylaws in the R-4 Zoorring District I Plans(s)and titles 1 1)"Proposed Site Plan"containing one(1)sheet Prepared b Pennoni Assoctates Page 1 oft ��� Inc.,Dated 07/31/2013,13 Branch Street,Suite 103,Methuen,MA.01844 2)"Duplex#16-55Front Elevation,first Floor Plan,second floor plan page W13, Front Elevation page 2 of 13,Right Elevation,Left Elevation page 3 of 13,Garage Door Framing&Sheathing Requirements page 4 of 13,Foundation Plan page 5 of 13,First Floor Plan page 6 of 13,Second Floor Plan page 7 of 13,Attic Plan,Roof Plan page 8 of 13,UL Listed U:336 Fire Separation Wall Section Detail,LVL Member Connection Detail,Flush Framed Beam,Standard Soffit,Garage LVL Beam page 9 of 13,First Floor Framing Plan,Second Floor Framing Plan page 10 of 13, Attic Framing Plan,Roof Framing Plan page 1 I of 13,Main Building Section page 12 of 13,Entry-Dining Cross Section,Garage Cross Section page 13 of 13(dated July 12,2016),Prepared bX Colonial Drafting 978-902-0131 alan@cdrafting.com Voting in fa�theAlbert Manzi III,EllenP.McIntyre,D.Paul Koch Jr,DeneyMorganthal and S ecial PermAlexandria Jacobs Votin in th0 The Board finds that the applicant has satisfied the provisions under Sections 4.122.14,4.122.14A(b)of the Zoning Bylaws to construct in Lot 5 a new two(2)family residential dwelling building for residential use at the property located at Lot 5 Count Street/0 Leydon Street(Map 47,Parcel(s)151),North Andover,MA 01845 in the R-4 Zoning District as substantially show on the Plans. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2. The granting of the Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applieable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the inspector of Buildings. 3. If the rights authorized by the Special Permit are not exercised within 2 years of the date of the grant,it shall lapse,and may be re- established only after notice,and a new hearing. lNAndover Zoni oar Bof Appeals ert P. Manzi III, q.,Chairman len P.McIntyre,,Vice-Chairman Douglas Ludgin D.Paul Koch Jr. Allan Cuscia Deney Morganthal Alexandria Jacobs,Esq. Decision 2016-014 Page 2 of 2 .ne Com monweaZth of Massachusetts Depar'trnent oflndustrialAccidents X Congr no's&Veet,Suite 100 Boston,NIA 021X4 20X7 T-pww.mass govfdia a - y4 Workers'CompensationjnsnranceAffedavit:B'¢iTderslContraetorslE7;eetricianslPlcimbers. TO BEFIGEDWyMTMImu CrMGAUMOI2 M ..Please Print Ledbly A 'Iieant jnformatiou Name(13usin—diOiganizadom7ndiv3dual: A p z// ( ,Ad&css: C Ct t, - = frS cj City/StatelZip:� Phony#: a - boa: 'j}g,eofprodeet(xednxzed): Axeyon an empZoyerY Cke��1e agpropziafe em Poyees(�andtor p=_rt-�nel� 7. �lzve'9}`const[iiGdoA I. am.aemgloyer�rrth F' 2.❑Iem asole proprietor orgarine•*_s7lip aadnavano employees WojjiRgfzmein 8.��'eA7.od811TLg zirf cagzcity.[I�owod=ers'comp.ss„rance required I 9.Q Demolition 3.QZamahomeowmer doing all-wrox'smysoLf[Nnworker'comp.insoraucerequired.ir I ❑Building addition 4.❑I as ahomeovmer andwill behu-ng con'zcios w cenducEall work onmY Fr°perry-Zwil1 l I.�Eleci11e2�.iepalTs or add7tiau5 ousoreHrat all c tmefois eitnerhvevmrk"t campeusauon insurance er are sole Lr [Plumbing repairs or additions prxspriefors withno g2voyees. 5.L]Z as a goneral cnnuecfor andlhace hiredthesulreantractors listed entIv^attached sheet 13,Q Roe,£Tepaits Thesesub-contrscfors haFe omploye:s eadhaPe worsens'comp.ins`uance. 14.n Other . b.❑vZe are acargarauonand i�,o>ficcer;fiave exercisodthesright of�xempdonperA4UZ e. and. .'e,66 no employees.[No wadcece cm-np,inz>uance� dj . '' 1'PPLcantthatehzcbhxZ'IF{iust atsd 5ll otrtifie seciienbetoc-r showing Nreirworkers'compenstoagoL+cymfoffieaon erztites.fiaw t Homeowners the t suhmit tfils agl`davitind catingtey are doing all work gndthenhi e outside contractorsmu�'E s"-bm-ri anew a8idavitindicedng such tContracfars that checkt7us 6osinusKatkched an additional sheetshowiag rhename of p-p.ji ny ra bzrand stat=whether ergotrlresz ._-.. .. espleyees.7fthe sub-caufcantorh ce emPloyeas,ffieymustprettidefhas worzars'cem olic number. layer that s provid ngn orkers'camensadan insuraNfor lay er-mloyees.Below is tltepoftey audjob site Tam an erzg — ,�1 Insurance Company Name v l I?<%-piralionD- Poficy#or Self-ins.Lie. a V C "l L%( ='i CitylState�S?P: t %'`� Jab Site Address: fobAttSitu a copy of the workers'component-ou poTiey declaration page(shownig the poficy number and e a{atz X00 40) Failure to secure coverage asTequit'ednnderi42GLc-152,§25A.isaexindnalviolafion punishablebyafineup1, and/or one-year impzisonmen as vroII as civil penalties inthe£°zm o£a S'TOP VdCRT�C��-�d a fine o£ug to w250.04 a day arsine-the violator.A copy of h s sEafemeni may be forwardod to the Office o£Tnve t gat ons oftheDTA for jnsu ante oavorage verification. X do kereby e,xffy uzdcr tJ oinst d ttZries ofperjc:ry that fixe fnformation,provided above is arae en_J carred t r x Date: t { f Si Aure 1--�� PhonB#: `` official U50 onZ}..Do notwrite in tTtis area,<o be Completed by czty orr town official. rermitlLicense City or Tawe- jssu3ngAuthorlty(circle one): ' 1.Board of Health 2.Building Department 3.City 7 own Clerk 4.Blecfrieal jnspactor 5.PIumb ug jnspeetor 6.Other Phone#- Contact Person; �j Information and Instructions Massachusetts General Laws chapter 152 requires allemployers to provide workers'compensation forthck employee,, Purem ntto this statate,an emgLoyee is defined as"...every parson in the service of another under any contract of hire, express ar imp&od,oral or written." An employer is defined as"an individual;partnership,association,corporation or other legal entity,or any two or more ofthe foregoing engaged in a joint eafetprisa,and including the legal representatives of a deceased employer,or the reeeivefot trmstde of an individual,partnership,association or other legal entity,employing employees..Aowever the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant ofthe dwelling house of-another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment bd deemed to be an employer." MGL chapter 152,§25C(6)also states that"every state or lo cal licensing agency shallwithhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the cammonv{ealtfr for any applicant w$6 has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152,§25C(7)states`%Toither the commonwealth nor any of ifs political subdivisions shall enter into any contract for the performance ofpublic work until acceptable evidence of compliance withthe insurance requirements ofthis chapter have been presented to the contracting aatherity," Applicants . Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub'contractors)name(s),addresses)and phone number(s)along with their conificate(s)of insurance.Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)wifhno employees other than the members orpartners,are not required tocarry workers'compensation insurance. TfanLLCorLLPd6whave employees,a policy is required.Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of ins,m,,nce coverago. Also be sere to sign and date the affidavit. no affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of 7ndustrial•Accidows. Shouldyou have any questions regarding the law or if you are required to obtain aworkers' compensation policy,please call the Department at the number listed below.Self-insured companies should enter their self insurance license number on the appropriate tine. City or Town Officials Please be sure thatthe affidavit is complete and printed legibly.The Dopar count has provided a space at-the bottom ofthe affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant, Please be sure to Min the perm Micense number which will be used as a reference number.In addition,an applicant that must submit multiplapermitllionese applications in any given year,need only submit one affidavit indicating current Policy information(Ifnecessary)and under"lob Site Address"the applicant should write`all locations in (city or tovm)."A copy of the affidavit that has been officially stamped or marked by the city or town maybe provided to the applicant as proof that a valid affidavit is on file for future permits or licenses.A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or eammumial venture (i.e.a dog license or permitto burn leaves etc.)said person is NOT required to complete this affidavit. The Department's address,telephone and flax number: The Commonwealth of Massachusetts Depaxt=r t of Industrial Accidents 1 Congress Street,Suite 100 Boston,MA 02114-2017 Tel.#617-727-4900 ext.7406 or 1-877-MASSAFE Fax#617-727-7749 Revised 02-23-15 wwwmaSS.gov/dia Aco CERTIFICATE OF LIABILITY INSURANCE F DATE(MWDDIYYYY' k�' 1210912016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. it SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policles may require an endorsement.A statement on this certificate does not confer rights to the Certificate holder In lieu of such endorsement(s}. PRODUCER 00186-001ACT ... I rypMt; Corcoran,Haviin,&Sawyer 287 Linden Street (781)235-3100 ---- Wellesley,MA 02482 r D _—_ LSS�SEAZ$A BD�CEOQVE A E— _� AAAQA— _ INSUREBA' Atlantic Charter Insurance Company VDAC 44326 NS ED 1 V Scott Follansbee rmsuRER e PO Box 398 asu9J=±r4 North Andover,MA01895 -- --- -- ----� I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN,ISSUED TO CITE.INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOULREMENT,TERM OR CONDITION OF ANY CONTRACT C'R OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE F.fAY BE ISSUED OR MAV PERTAIN,THE INSURANCE AFFORDED 8V THE P0.1ClES DESCRl8E0 HEREIN IS SUBJECT TO ALL THE TERMS, NSEXCLUSIONS AND CONDITIONS OF SUCH POLIpCIE5S�.LIMITS SHOWN MAY HAVE BEEN AEDUCED CC BY PAI DPCpLAWS. ILTfl TYPEOFINBU.A E -- �INnI WVB� POLICY NUMBER �''M_(PMrllDtYYEYEV� GENERALLIABILITY 'EACHOCCUARENGE is COMMERCIAL GENERAL LIABILITY j I 4 DFMAGE TO RENTED T PREMIS�S'Ea.4GSkrren S j CLAIMSktADE I_Ji OCCUR i MEUP XP(Any one pars I y r PERSONAL8ADV P`Z Y .S —_ GENERAL AGGREGATE S IGEN OR TEL TAPPIIESPER: -- — 1-- --- _ = i 1 �; 'PRODUCTS AGO�S )'OLIGY PRC. LOC _.. JEGT AUTOMOBILE LIABILITY � COMBINED ac�JSINGLE L#MIT S ANYAUTQ j LBC-0ILY INJURY{Pwrre 7 5 ALL OS SCHEDULED - LBCDILY INJURY{Pw ac dent) $ AUTOS ,AU?DS i HIRED AUTOS .NON-011RJED i - I PROPERTY DAMAGE— 5— -- �AUTOB '(P Nde UMBRELLA LMB �p.GUA EACH OCCURRENCE $ I EXCESSt.IAe I GiAL4iSMADE AGGRE TE $ L _ __...— i rDtO fi£TENTICN$ _$ ' yµ��;;GGFppTl' GT4 AND EMPLOYERS tIA8i11T XITORYUk'h� EA _ ANV P�PAhJETDRPARTNEfuEXECUT VE Y WCVQ1337200 1212/2016 12/212017 ELL_EACH ACCIDENT $ A OFFIC MBBEER EXC:.UUDEDD'! Y INCA 100,000.00 'f'Mreand0aiory�pinp N�mH�) Policy Coverage State:M({ EL DISEASE EA EMPLOYEE S 100,000.00 �workirstc compensation Ices w ,.,LzL EASE-EQLIGYLuar $ _ 500,000.00 Th workers Compensation policy does'of vor Ido coverage for V Scott Folla sbee I DESCRIPTION OF OPERATIONS!LOCATIONS(YEHIGLEB(Attach ACDflD tet,Addiaonai flemarks BcheduM,It mare apace IS regU3rad) CERTIFICATE HOLDER CANCELLATION Town of North Andover SHOULD ANY OF THE ABOVE DESCR18FD POLICIES BE CANCELLED 120 Main Street BEFOAE THE EXPIRATION-DATE THEREOF,THE ISSUING COMPANY North AndoVEY,MA 01845 WILL ENDEAVOR TO MAIL NOTICE WILL 8E DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE M 1988.2014 ACORD CORPORATION.Ail rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER COPY '.. MassachusettsDepjkrtr0gpt.�LLublic_Safety--=� -- _-<<•- -- SOard of$uilding Regulations and Standards -- License:CS-007732 ., Construction Supervisor i -- SCOTT V FOLLANSAEE PO BOX 798 NORTH AN60VE,R commissioner commissioner 09108120/7 l Duplex # 16 5 _ 1t Sq. Ft. =Un 1, 792 ® ® ® ® ® ® ® ® ® ® ® ® Total Sq. Ft = 3,584 77 North AIIdo ver ® ® ® ® ® ®® ® Massachusetts mm Estate of Duplex#16-55 Front Ele vation Robert J. Burke Dining Kitchen Kitchen a¢ Dining Ob 00 12 x 24-6 ( 12 x 24-6 N o t e s ---"" GazVe Design Criteria IRO 2009 as amen dedGarQe by Residential Building 24x24 Code 8th Edition. .._.._ .. 24x24 \ �! C� t ._..._._ ., ___ _ ___ *All dimensions to be field a rified LIT, L/L ' and changes made accordingly. Errtry Entry 'Structural enginnerlog by others -- • ,r under separate terms and contract. "Exterior siding, trim, mouldings and Living Living Unit Living Area Sq.Ft 696 details are per builder specifications. = IO x 16 fO x 16 Unit Garage,Area Sq.Ft.=576 " Window&Doors: Mfr., size, design, j� layout and details per builder. Duplex#16-55 Men this drawing is 11 x 17 FlrstFloat-Plan it is the scale as indicated Closet Closet Foot—print Dimensions=30'x 98' Snow toad p.s.f. =50 WndBath Bedrm 1ll Bedrm 1 Bq cupl Speed Zone Lead s. f00 Occupied Floor Live Caad p.s.f.=40 12,rZO-1P 12x20-10 Exterior Balconies p.sf= 40 t--` CL Cl. Attic with Storage p.s.f. =20 Closet Closet Dead Load p.s.f.= 10" v CL Cl. v Bedrm 2 Bat �ath v Bedrm �® ' 1.7 x 20-6 �- 1?x 20-6 - Friday, August 12, 2016 ------------------ i; Bonus Bonus ,� rs 10 16 Unit Living Area Sq.Ft.=1,096 1Px t6 Duplex#16-55 ,1-11l3fi& Oolonicl Drafting Second Floor Plan 978-902-0131 E—main alanOcdrefting,com Duplex#16-55 Unit Sq. Ft: =1,792 Total Sq. Ft =3,584 North Ando ver; Massachusetts Estate of RobeiT J Burke _ I r _ r n ®®® ®®® ®®M ®® i JO BEIDN IFFRk- NRm -- --------------- - -------------- - - - :- - - -- -- ------- ----------------------------------------- --------------------- - --.-:. ----------------------------------------- -- - - -- - ----- -------------- Duplex f 16-55 Front Ele w tion Coionioi Droftino .978-902-0131- Friday, Augusf 12, 2016 e-marr: omn�e rn y.� y.. h El .......... ............ .....------- ...... ............ ......... - - - ......... .......... _ _ _ ® - 9 LLH Pll 0 ------------ ----------- ....... -------------------- ------------ ---------- Duplex J16-55 Front Ele va tion Duplex#16-55 Ceneral Notes Unit}Sq. Ft. =1,]79p2 - - .Sfndow Opening Requirements far Massachusetts Total Sq.Fit J,5Q4 D—N,hung winda[vs used far e.Tergercy el-Fe North y, q A shaft have S3 sq. ft nmrmu.-n net Near c,e,=%ne - fldavel Other+,ind—5.7 sq. ft. Crude floor oFenirgs Sha// a minimum net c/ear - Massachusetts - apeni g of 5 sq. ft. Abb-We bon, T R612.2 Kndaw Silts Jcon, co�crete tYhere the opening of an oFeratrte wendox-+s facated - _ of Estate _ o -Ore then r 1 inrheS Ob0 the Finished grodr or surface _ DetOw, the/owest pert of the clear OFemng ar the Dia. Diameter window :- ... T D J� EI. -Elewtion shop be a m!nlmum o. 24 inches aba-the riRished ftaar. __ ._ _. RQhe1t J.lJ ullSe Fdn. -Foundation Floor Afinimum eperrfhg dimensions: - _ Frmg. -Framing 2O x 24 a,,ch, Ret clear in either derecher,. Faotrng High Point ®_ R602,10,4 Carstinuaus sheathing J K.D. - 1 Dried Braced wotl lines with continuous sheath%ng shall be constructed � .P4 -taw Lice Point Load ih--don-with the s-t;-. All braced—11 A111 along exterior II 6 LP. - ia on the same story shall be on ti—o-ly sheathed. w m -Malmum _ rR. Mtent- Contact a Registered St—tutu/£ngmeer for additian erarlysis. O.C. On Center Pressure TSq.Ft. - - S Smoke Detectors ed ps.f. -Pounds/Sq.Ft. Req C -Req,;ed ?m each bedroom R,4 -Reference !outside each separate bedroomSq.Ft. -Square Feet 1 near base of each stairway T&8 - Top&Bottom 1 in every trosement&walk uF ottla T&C-- Tongue&Groove I far every 1.200 Sq.ft. j .'-----------------'-...---------...... .._"--'--------:. Typ. - Typical ._.......................................................................... .._._-..-.-._ U.N.O. -Unless Otherwise Noted ----------------- O Heat 9efectars :.---..-.-_-___-___-....--_-._-__-..-._.---.__-_-_----_- - m each att—hed,garage,near center. rc cm.�'snr-cpm swrus.a nvna xrs.,� .. ... __ .._ -... .-._. __'_ .. .....----------- .. . . _- Carbon Monoxide Detectars " "' ea QC r fR ch habitel Story of the house Colonial Draft/n9 Righ t Ele va tion and within 1D ft. of all bedroom=. Left Ele w tion ® 978-902-0131 r/a'=t-o' 1/8,=I °" Friday, Aug usf t2, 201& e-mom. of RO-droat/Rg.— Header to extend He to extend three 2 x 12 Basement Crder-Max. Lally Column Spacing o over Watt Panel oucr one o w (with continuous bearing walls)above f c Connect Sheathing to 3 �h 6 - t6d Connect Plate to Header with 8d nails .c° Toble R502. 5(2) Sthkers Stud Header with 2 raves in 3"a., Crid as shown Building Width 20' 22' 24' 26' 28' 30' 36' ryto Header 10d nar7s®12"o.c. Sheathing edges Supporting One Floor 10'-2' 9'-10" 9'-6' 9'-2" 8'-10" $'-6' 7'-10" ,. Supporting Two Floors 7'-2" 6'-It" 8=9" 6=6" 6'-J- 6'-0- 5,-7" + or gSimpson LSTA24 Strop � LSupp nrF7ot'ors 5-8" 5,-5^ 5,_3^ 5,-0„ 4, 11, 4,-8" 4,-7" II at each end of opening 3 rows 8d nails ° m an inside face of well ��� �v 4 w Ei Ir .t•'c� Connect Plate to Header °x y with 2 rows 16d Sinker Sheathing Splice c o e Notts 9 3"o.c, location k (max.) Blocking for sheathing tr m tO s nouwai a o ° 0 4'above top of - c o 0 .y N R foundation, Connect 8d Nails-All Studs, , o O c ° with(3) - 16d Sinker Nails P/otes, Sills& o o m ,u, o Blocking 0 3"o.c. U aEWamw (aarsrr�l:- �'p y It II Connect Studs with 2 rows ❑ ❑ �.� c o, 10d nails 0 4'o.c. x s m 112"dia. (min.)A307 steel anchors bolts with a minimum y 11 embedment of 7"into foundation (2) -5j8'Anchor Bolts i 4"2 bolts(min.)per sill plate, min. and 12"max from each with 2"x2"x3j16"Washer Plate end of the silt plate section. m A307 Bolts, 7 Embed. (min.) Prescriptive Design Based on!RC 2009y, Portal Frame 1'_4^ l;!! n Coordinate with Carooe 1or Solt Simpson STHD 14 Strap Tie Section R602 (m Door rough opening (min.J 7 Hold Down at each end 7'+ l� of wait panels. (typ.) See Garage Door Garage Door Placement 14"Embed. (m!n.)in Cone. Sheathing requirements Framing & Sheathing Requirements V p i, 1 -n4 Rebar solid Blocking, within 12`of Tap of w/ Floor1 R= Rim Joist 11 Joist Lofty column cap 2x Bottom Plate 7 -d'4 Rebar Simosom LCC ° ®Mtd-Height Lally I ar equal 2x Bond,foist 2x Floor 'o column Joist 2'-0"(max.) Laity bottom ec base 4 a plate embedded Sill.. 7-2X8 P.7., ' in concrete slab Anchor Bolts C 7-2x8 K.Q. Concrete a w/Sill Sealer Can the ver—Sill Foundation Detail rob/e R404 1 2(1) Lally Column Standard Sill . . i Foundation Detail Reinforcing (gnp Colonial Drafting 978-902-09..31 F/7Ci0}; August 12, 20f6 E-marl: atan®cdroffing,cam 24'-0' 14'-0' 5'-()" 5'-7" 10- 5'-7" 5'-0" 14*-0' 24'-0" P,occ, t Precast Concrete Concrete Hlkheod ....... ... L................................. ...... ................ ..................... t 4 1 ....................................................................... . ........... F1� i .... ............. ... .................... ......... ............ ........................................ ,7,t57,Passive Top of o' Top of Goroge Top of Garage 112-oil Tqp of Fd,, R FJ(J7El. :I q- 0,-0- 13 eqd 4,_ 4'-4" 4,_g.. 4": Z4' 9% 5' 5' 4._4„ 4•-4 skpa for ------ P He.-`Pocket IX: tb�, 6'w 6"dp 9"toll '4' 4'-9" 5'-2" 81-6., : 4 5'-2' 5'-0" 4;-9 -14 (,�)-2W(tpp) ....................... .................... .............................. ............... ....................................... ... ........ ..... oo c, 4-(min.)Concrete 9,b Bottomof f,.,t footing, 1'-0'bel— ........... borrw h F,onn,q ................................... ....................I.................... ............................................................................. ............. 1'-4' 9'-8" 11-81, 24*-C-' We 8•-2' '10 14'-,'- 15'-7'* .10" 15'-7' 33'-0' 98"-'0' DLiplex j 16-55 Duplex#16-55 Foundation Plan Unit Sq. Ft. =1,792 Total Sq. Ft. =3,584 North Andover- Massachusetts ndoverMassachusetts Estate of Robeit J Burke Colonlol Drafting 978-902-0131 Frrday, August >2, 20,6 ro E—k- abdaftry.ea 24'-23A" 24'-7�h" 3'_n" 24'-7v4" 24'-244" 12'-2W ...... ....... o ` �`-Ga+v�pe Einrsh , a o .a $ 5/F Type X C , yF•_e,m Wnlb d _ Dining Kitchen Kitchen Dining oan Garage side _ .. r OP �Garo�e FinisY, o 00 d0 ---- I 5/F Tope-X O Gypsum &' llboard vi �n Goroy+e side 4'-0" 9'-0" 4" 4'-3'" 7'-G" 4'-Q' GarageeGarage ___ -- a VI3.G.__ ..._. __. _ _ G __.__—.—._.—.—_—._._.___ N C 0 -------------------- 2 i `. .... ......... y m o Gorage/Hayse /nom�l "' a G rag o b o E try e(a E cg E LA L/L � H za mtnare(min.) En r 20 minute use �a Fire mting _ y _ Entr r e' y file rating i o o a Y C ^< G�rag Grroq ii 9'x 8 e Ooorj Linin Linin QI See Gorage en �+ g 3 _ Framing Rapur�ents' i I i 0._6. 71._C.. 5._8,1,. ._6. 5•_3,1., 4._6•. 7._C.• 4'-41A' _4,1.. � 7'-I&A' &'_0.. 24'-23/," &'-9'/." 15-101" 3�1a" 15_1��,<, 8. 9v,. 24•_211.. 37-0' 33• G' Unit Living Area Sq. Ft. = 636 Unit Garage Area Sq. Ft. = 576 Duplex f 16-55 First Floor Plan r/F`_ 1'0^ � C' o"lin',-"i�c� Drafing 97 -902-031 FridayAugust 12, 16 E- II.. aanmma xng.aom 3,- 14'-0' 4.-611 4'-4t,,- 4'-4V," 4'-6 7'-G„ � "v- P Bedrm I Bedrm I Both Both 4�9' E-e Bath Closet 12* A' 0 lO _t T 10 8- 10" 8'-0" — , --- Fa, 2 I 4'-8'A- 5'-3W' in G'-O'Y-61, 9'-0" 2' S-7W'l 4*-0" 5'-3'A" 4'-8PIk" cL Both Bath T iE BY Bedrm 2 Bedrm 2 (D T B 0 0 9 —10'x 4'-9" ----------- - -------- -- - - -------- vb Bonus Bonus --'-10'x 4 -10' —T -0" 4._a.. 0" 4'-6" 4'-6" 20'-6' 7*-f" 4'-6" 7'-C"' 2L,-6, 28'-Q Unit LAWng Area Sq. Ft. = 1,096 Duplex f 16-55 Second Floor Plan ' ; ®r Colonial Grafting I Un 978-902—OIJI Friday, August 6-0, o1-0�d-ftmq c— l 2r F e atockr„g 1 -Hurricane clip Roof Simpson H2.5A 2z tr.-Jobst ,( Rafter on inside interior Bearing Wal/Haaders -Maximum Spon$ c-t-Bea,,, I (}(} 2 x 6 Table R502. 5 2 Blocking RegV Air Space 2X Blocking 0 16"o.c. () �e-x Building Width (`z)ff�eym i/2"r I at stud rim to first Joist wo wrap orov„d Fascia See Plans and Sections 20" 28' 3S' for Hurricane Clips Garage L VL Beam Soffit and Ceiling Rafte -- Size Span NJ Spon NJ Span NJ connections. 2-2x4 3'-t" 1 2'-8^ 1 2'_5" 1 2-2x6 4'-6" 1 3'-11" 1 3'-6" 1 Tae Nail Supporting 2-2x8 5'-9" 1 5'-O" 2 4'_5^ 2 (3)- 8d nails 2X Blockhg One Roo, 2-2x10 7'-0" 2 6'-7" 2 5'-5" 2 Roof Standard Soffit per black(typ.) (3) -8d nails®6"o.c. 2-2x12 ti-1" 2 7=O" 2 6'-3" 2 3-2x8 7'-2" 1 6'-3" 1 5'-7" 2 3-2x10 8'-9" 1 7'-7" 2 6'-g^ 2 Note: Connect Drywall with 3-2x12 10'-2" 2 8"-10" 2 7"-10" 2 Rafter 114"Shrinkage 2 x 4 Blocking - Type W or s scraws 0 12"a.a. ---- 2-2x4 2=2" 1 1'-l0" J Y-7" 1 Gap(min.) per ASTM C 1002 with a at Horizontal minimum penetration of 5/8" 2-2x6 J'-2' 1 2'-9" / 2'-5" 1 Sheathing Joint (r Supporting 2-2x8 4'-0" 1 3'-6" 2 3'-2^ 2 3/4"Sheathing g (tip-) pP g 2-2x10 4=11" 2 4'-3" 2 3'-!0" 2 A#Horizontal Sheathing Joints Two Floors Continue to bottom 9 2-2x12 5=9" 2 5'-O" 2 4'-5" 2 to be nailed with 8d nails 0 6'o.c. ' 2X Blockin 0 16 o.c. 3-2x8 5'-1" ! 4'-5" 1 3/4"(min.J r--� of roof sheathing to Blocking unless otherwise at stud Hrn to first Joist 3-2x>R 6'-2' 7 5'-4" 2 4'_1p° 2 Air Space(typ.) _ _ _ -___ noted on Framing Plans 3-1x11 7=-1^ 2 6'-3" 2 5'_7^ 2 314-T&G Plywood LUS Hanger Double Shear Strapping Attic Connect Wall&Reaf Sheathing NJ=Number of Jock Studs supporting each end with 8d nails 6"o.c. Joist LVL Beam Wol/board at panel edges and 60 (j\/�{�J 12"o.c, in the interiors. \ : Flush Framed Beam Alternate Attachment ' I6 go. f 314"staples (3) - 16d nat7s® 16"a.c. ✓gist at 3 o.c, at panel edges of Bracewell into end 6"O.C. at interiors --- Joist/Blocking Exterior Bearing Wall Heoders-Maximum Spans Fire Sofing O.C. cin Table R502. 5(1) at each floor lj2 1f 1'` t 8d Tos No#0 6"o.c. and underside (2) - 1"Fire-Shield (� Rim Joist to Plate(tyP) ZY Blocking 6i lS"o.c. Ground Snow Building Math roof sheathing Shaftliner 2nd side if req"d at stud rim to first Joist Load 50 psi 20" 28MJ6' Size 5 n MJ S n NJ 2 x 49 ,,( 2-2x6 5'-11 2 5'2" 2Wall taming p ( Joist Supporting 2-2x10 7'-3" 2 6'-3" 2at Houm Clips ed Toe Nail 0 6"o.c. Roof 2-2x12 8-5 2 T"3" Zat Floor Le vets "Gypsum Rim Joist to Plete & 3-2x8 7'-5" 1 6'-5" ZWallboard w - -" -fi- (tip.) Ceiling 3-2x12 fD=7"! 27"-10" 21st 1 2nd2 9"-2" 2 C 'Z .ai} l } 4" O.C. O.C ,� ` 112"dra. A307 Anchor 8otf with ., Spacing —Spacing nut and washer. 3>/2"min.-!2'max. -Supporting 2-2x8 5'-2" 2 4"-6" 2 4'-O" Roof, 2-2x10 S'-4" 2 5"-6" 2 5'-0" 2 e from end and max. 6'-0"o.c each p/ote� Ceiling& 2-2x12 7'-4" 2 6'-5" 2 5'-9" 2nd side it r if e or as shown on the drawings. One Center Joist "a a Minimum 2 Botts per Kb/1 P/ate. Beann9 3-2x10 S-t1," 2 6'-Il' 2 6'-3" Z h -�—_�L_-�---4-- - Ft9'-2" 2 6,-f" 2 7,_J^ Z (2)-!2x ori 3 8d nails -2 112"x 0.113" ear 3-2x12 16d nails - 3 112 x 0.735" C 518"dia. � — rT - �O O•,. Supporting 2-2x8 4'-7" 2 4'-0" 2 3'_8" 2 Anchor Bolts Roof, 2-2x10 5'-8" 2 4'-11" 1 4'-5" 3 ' ' + U O Bmeed Kbit Panel p Ceiling& 2-2x72 6'-6" 2 5'-9"f 3 5'-2"+3 ' h T Additional Connections for N '`I 'p (� Two Center 3-2x8 5"_9" 2 5'-f" 2 4'_7,• 2 Concrete C o//exterior wails 6021Q• O Bearing 3-2x10 7'-1" 2 6'-2" 2 5'-7" 2 Foundation �L--: LlO O L Floor 3-2x72 8,_2" 2 7,_2" 2 6,_5,. 3 - .-- --- ---__.__-- -- 4" 4" 4" L�O Continuous Structural Panel O N Sheathing Method CS-WSP = supporting See UL Listing for additional information Notes; NJ Number of Jack Studs artin Ll pp g each end 1. Screws to be: Fasten Master Truss Lok. See drawings 0 All other nailing not shown for length of screw and on center spacing, to be in conformance wrth UL Listed. U-336 2. A//2 member LK Beams to hove screws from one side. table R602,3(1)of the 'f/ / J. AY 3 or 4 member LVL Beams to have screws from both Mass. Code 8th Edition Fire Separation WWI sides unless otherwise noted on the drawings. 4. Use type of screw specified Do not substitute as c�yrgn<-cam,,."t a�rn„s as agars a„K„e Section — De tail capacity may riot be adequate. 08 L VL Member Connection Detail (99 Colonial Drafting 978-902-0131 Friday, August 12, 2016 E-mael. a/anacdrafting.com i 0 1 T1. 0 All members ore 2 x 10®16"o.c. S%Js betaw are'ndicated sotfd Wa11s above ore indreoted dashed Duplex #16-55 First Floor Framing Plan fR - a SB-2 �tv f _1 1 Double 1 x 10 Double 2 x 10 1 o I SIB IL SB-1 o oar,.ya aw rrzoer biro. 24'_1:. All members are 2 x t0 0 16" Wall.below ore indicated solid Wo11s above arc i di—ted doshed SS-1: Beam#, by others. Duplex # 16-15 Second Floor Colonial Drafting Froming Plan rafting ® 978-902-0131 Friday, August 12, 2015 e-nal W n®ta rtfny.aar., _ 3 3 0 I 0 4-0' 14-0 AB—if i I FLlllown APc+Xfo.n i O Stair Seov O A#members are 2 x 10 0 16" AB-1:Be—A by ott;— _ .. ., _ <-41-111-A-1 Duplex 4f 16-15 Attic Framing Plan HIM i O 1 9 i I � o A#members ore 2 x 10®16"o.c.(u.n.o.) - - - 2 x 12 Ridge Boards Duplex 4f 16-15 Roof Framing Plan G °loni Ring Calonral Drafting 975-902-0931 Fridoy, August 72, 2016 E—mo1r, aIkmte 10-ng.— Ridge Board 2 x 8 Cofior Tie 0 4'-0" 12 SJape Cut, (5)- 12d Nod, l Roof Foming-2 x 10 e From,n Plans for spacing) t2"PJy ood NO 8d-6"oc.peri'meter _..) 12"ex,in red S Attic Framing-2 r fO (see Framing PJons in,spachg) Finish Noor 4'T&G Sheathing Sotlg prg„8toc(fin8.c.perimeter Sub/tk.r &to era 1iJU2AS�tNdU1R2S�2S2f S2SiSxS�tf2R Ju2S1S2 �UUL�f1R U2fUliSttfiS2�t421U� tSiS7S�IiSiSi�J�t�tR Fossa Saf{'t Heoder Ln----_ _ P/l-ood - continuos=s s Fport � 4 2,d Fir.Fmming-2 x 10 S[air Stringer (see Framing Plans fcr spocin 3/4"T&G Sheath sl NO 8d-6"o.c.perimeter Stair Top De tail 12"o.c in field Exterior 2 xff 0 16" c.c. t =_______- 925`8"studs t Sa'd Fire Blacking t/2 Sheathing &Latera)Bracing Nait 8d-6"a.c.Penn,ter t2"o.c.Jn fleJd Tread lst Ft.Fmming-2 x lO S (see Taming>3Ons farPacing `,? m `____� -�- � Sheathing FWsh Rcor i Nail 8d-6"o.c.perimeter 12"o.c.in/ietd ------- - Subftou, J�t� ,. t�field �UV�t�l1VUVl1VVUV�1VFi)VVIri,*VVV C .S7J Starr (l) -2 x 6(P.T,) � x Stringer Solid Fire Btockrng _________ e n (1) -2 x 6(K.O.) o &Latest Brocrng App— x 6 ',p --------- '.P finish Grade y 10 r � vn Hiodo CI,. Basement Beam i k --------- °P 6'-8"rnnimum t P_ to stair oeico, � Cans.Fdn.&Ft'g, c� p Lolly Column&Fr'g. p=====___° Stair Base De tail Concrete Sob -77 Duplex f /6-55 ° ® � Main Building Section Colonial Drafting 978_902_0131 1/4"=J"—L1" Friday Au i 12, 2Q18 e—moTr; 2x Ridge Board 2 x 8 Collar Pa®4'-0^o.a. Slope CO, (5)- 12d N.A, I Raaf Framing-2 x 10 --- --- --12 - (see Fiamin Plorsua ofor spacing) f !�2"Plyd Attic Froming-2 x 10 NO 8d 6"oc.perimeter (see Framing Plans for spacing' 12^o.c.in field 3/4^7&C Sheathing NO 8d-6"o.a.perimeter 12"o.c.in held Fascia 2x Ridge Board SM& 2 x 8 Cottor Tie®4'-0"c.c. 12 Stop,CO,(5)- 12d Nails Exterior N6t1 2 x 6 a.c. Roof Froming-2 x 10 92 5/8"8"st studs (see Framing Plane for spacing) 7/t6"(mh)Sheathing t,11'PI"-ood N&8d-6"o.c.perriimter Nail 8d-6"o.c.perimeter !2^o.c.in fetd 12"o.c.in fetd 2nd Ftr.Froming-2 x tD 12 (see Framing Plans for sp—i7q) 8d T&G Sheathing Noff � it Bd-6"o.c.perimeter Froming-2 x 10 12"a.c.in field (see Froming Pians far spacing) V`i�UUI,�VVVVWI)It�VVGt/Ut,'f��V�7VVVUUV�VItV .}VI.QtVVVI)VUV'i�l)VVVVUVU'VUVV11t)�JUVI�VVU'VU'UV'.}VV l �Garoae Ftntsh � � 1p 5/8 Type-X `Garage Finish Gffl m ftilboard 5/8" TW,-X an Garage side\ i G)psum Wallboard } Garage side 1 d 0 (tJ-2x8(P.7.) 2x6(KD.) n. Concrete Slab ',o FinisphGrode Concrete Stab aDa. Canc.Fd,&Ft 9. �.o �a 24'-0" _Duplex ,f 16-55 Garage Duplex # 16-55 Cross Section Enter Dining 114~- 1-0- Cross Section 114•= 1-0 Colonia/ Drafting 978-902-0131 Friday Atiust 72, 2016 E-moil: otan@,draftinq.mm