HomeMy WebLinkAboutAEP INDUSTRIES Town of North Andover ° � HORTN
OFFICE OF 3?.04.t •° ,,!tioaL
COMMUNITY DEVELOPMENT AND SERVICES ° . p
. .
30 School Street
WILLIAM J. SCOTT
North Andover,Massachusetts 01845
Ss�cNus��
Director
NOTICE OF DECISION rn
Any appeal shall be filled
within (20) days after the
date of filling this Notice _
in the Office of the Town .b_.
Clerk. >
Date February '17, 1999
Date of Hearing 1/5/99, 2/9/99, 2/16/99
Petition Of ONE CLARK STREET , NORTH ANDOVER, LLc
Premises affected one Clark Street
Referring to the above petition for a special permit from the
requirements of the North Andover ZOning Bylaw Section 8.3 (site plan review
so as to allow the, construction of an addition to the existin gbuilding located
at one Clark Street
After a public hearing given on the above date,the Planning Board
voted t0 Approve the Site plan Review - Special Permit
based upon the following conditions:
Signed �2"
CC: Director of Public Works Richard S.Rowen, Chairman
Building Inspector
Natural Resource/Land Use Planner Alison Lescarbeau, V. Chairman
Health Sanitarian
Assessors John Simons, Clerk
Police Chief
Fire Chief Richard Nardella
Applicant
Engineer Joseph V. Mahoney
Towns Outside Consultant
File Planning Board
Interested Parties
CONSERVATION-(978)688 9530 • HEALTH-(978)68&9540 • PLANNING-(718)688-9535
*BUILDINGOFFICE-(978)688-9545 0 *ZONING BOARD OF APPEALS-(978)68&9541 • *146 MAIN STREET
1 Clark Street
Site Plan Review - Special Permit
The Planning Board herein approves the Special Permit/Site Plan Review for the
construction of an addition to the existing building in the Industrial - 2 Zoning District.
This Special Permit was requested by Appledore Engineering, Inc., 600 State Street, Suite
D, Portsmouth, NH 03801. This application was filed with the Planning Board on
December 4, 1998.
The Planning Board makes the following findings as required by the North Andover
Zoning Bylaws Section 8.3 and 10.3:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as it is located in an
industrial park and is zoned for industrial use.
2. The use as developed will not adversely affect the neighborhood as sufficient buffer
have been provided as well as conditions on the hours of operation, the location of the
HVAC units and other noise producing elements;
3. There will be no nuisance or serious hazard to vehicles or pedestrians
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4
of the North Andover Zoning Bylaw;
5. The site drainage system is designed in accordance with the Town Bylaw
requirements.
6. The applicant has met the requirements of the Town for Site Plan Review as stated in
Section 8.3 of the Zoning Bylaw;
7. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.
Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires
conditions in order to be fully in compliance. The Planning Board hereby grants an
approval to the applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1. Prior to the endorsement of the plans by the Planning Board, the applicant
must comply with the following conditions:
1
a) The drainage consultant, and DPW have approved the final plan.
c) A bond in the amount of$10,000 shall be posted for the purpose of
insuring that a final as-built plan showing the location of all on-site utilities,
structures, curb cuts, parking spaces and drainage facilities is submitted.
The bond is also in place to insure that the site is constructed in accordance
with the approved plan. This bond shall be in the form of a check made out
to the Town of North Andover. This check will then be deposited into an
interest bearing escrow account.
2. Prior to the start of construction:
a) A construction schedule shall be submitted to the Planning Staff for the
purpose of tracking the construction and informing the public of
anticipated activities on the site.
b) All erosion control must be installed as shown the approved and endorsed
plans.
c) The applicant shall determine the preexisting conditions of the noise levels
emanating from the site are to determine the baseline noise conditions of
the site area. The noise survey will provide evidence of the origin of
surrounding noise and therefore a baseline condition from which the
applicant determine their increases. The noise levels shall not increase the
broadband level by more then 10 dB (a) above the ambient levels or
produce a"pure tone" condition as set forth in DAQC Policy 90-001, the
guideline for 310 CMR 7.10. The applicant may use relevant professional
sound emitting data from the prior building use to build a baseline based on
prior use of the building and grounds. References to sources for data must
be included in the material.
3. Prior to FORM U verification (Building Permit Issuance):
a) The final site plan mylars must be endorsed and three (3) copies of the
signed plans must be delivered to the Planning Department.
b) A certified copy of the recorded decision must be submitted to the Planning
Department.
4. Prior to verification of the Certificate of Occupancy:
a) The applicant must submit a letter from the architect or engineer of the project
stating that the building, signs, landscaping, lighting and site layout substantially
comply with the plans referenced at the end of this decision as endorsed by the
Planning Board.
I
2
b) The landscaping must be planted as shown on Sheet 5 of the approved and
endorsed plans.
c) All lighting shall have underground wiring and shall be so arranged that all
direct rays from such lighting falls entirely within the site and shall be
shielded or recessed so as not to shine upon abutting properties or streets.
The Planning Office must approve any changes to the approved lighting
plan as submitted by the applicant.
d) The building must have commercial fire sprinklers installed in accordance
with the North Andover Fire Department.
5. Prior to the final release of security:
a) A final as-built plan showing final topography, the location of all on- site
utilities, structures, curb cuts, parking spaces and drainage facilities must
be submitted to and reviewed by the Planning Staff and the Division of
Public Works.
6. Any stockpiling of materials (dirt, wood, construction material, etc.) must be
shown on a plan and reviewed and approved by the Planning Staff. Any approved
piles must remain covered at all times to minimize any dust problems that may
occur with adjacent properties. Any stock piles to remain for longer than one
week must be fenced off and covered.
7. In an effort to reduce noise levels, the applicant shall keep in optimum working
order, through regular maintenance, any and all equipment that shall emanate
sounds from the structures or site.
8. No HVAC equipment or other equipment that will emanate noise-exceeding levels
cited herein shall be placed on the exterior of the structure. Such equipment shall
be enclosed as shown on the plans.
9. All site lighting shall provide security for the site and structures however it must
not create any glare or project any light onto adjacent residential properties.
10. The hours for at least 75% of the traffic associated with trucks entering the site for
shipping, receiving and waster hauling shall be limited to between the hours of
7:00 am and 7:00 p.m. Monday through Saturday.
11. Any plants, trees or shrubs that have been incorporated into the Landscape Plan
approved in this decision that die within one year from the date of planting shall be
replaced by the owner.
3
12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
13. Gas, Telephone, Cable and Electric utilities shall be installed underground as
specified by the respective utility companies. Utilities may be installed above
ground where sub-surface conditions do not permit such installation. Evidence of
such must be provided by the applicant.
14. No open burning shall be done except as is permitted during burning season under
the Fire Department regulations.
15. No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
16. The provisions of this conditional approval shall apply to and be binding upon the
applicant, its employees and all successors and assigns in interest or control.
17. Any action by a Town Board, Commission, or Department that requires changes in
the plan or design of the building as presented to the Planning Board, may be
subject to modification by the Planning Board.
18. Any revisions shall be submitted to the Town Planner for review. If these revisions
are deemed substantial, the applicant must submit revised plans to the Planning
Board for approval.
19. This Special Permit approval shall be deemed to have lapsed after two years from
the date permit granted unless substantial use or construction has commenced.
Substantial use or construction will be determined by a majority vote of the
Planning Board.
20. The following information shall be deemed part of the decision:
21. Plan titled: North Andover Commerce Center
Sitework Approval Drawings
Clark Street
North Andover, MA 01845
Prepared for: One Clark North Andover, LLC
121 Middle Street
Portland, Maine 04101
Prepared by: Appledore Engineering, Inc.
600 State Street, Suite D
Portsmouth, NH 03801
4
Dated: December 4, 1998
Revised: February 9, 1999
Sheets: 1 through 10
b) Report: Drainage Study
for North Andover Commerce Center
Clark Street
North Andover, MA 01845
Prepared for: One Clark North Andover, LLC
121 Middle Street
Portland, Maine 04101
Prepared by: Appledore Engineering, Inc.
600 State Street, Suite D
Portsmouth, New Hampshire 03801
Revised: January 20, 1999
Dated: December 4, 1998
22. The applicant may construct only the parking spaces on the northern side of
Clark street adjacent to the building until such time as the use of the
property requires the construction of the remaining spaces located on the
southern side of Clark Street. The applicant shall notify the Planning Board
in writing of their intention to expand into the other parking area prior to
the construction of the spaces.
cc. Director of Public Works
Building Inspector
Health Administrator
Assessors
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
Lot 1-2B-1 Orchard Hill Road - Site Plan Review
5
Masswhmtts Department of Environmental Protection
DEP File Number
Bureau of Resource Protection- Wetlands
242-943
WPA Form 5 - Order of Conditions for DEP use on-y
Massachusetts Wetlands Protection Act M.G.L. c. 131 40 and North Andover Wetland
Protection Bylaw.
Applicant Information
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER December 1998
Cormwion commission Date
For: The public hearing was closed on:
242-943 February 3, 1999
Rojat File Number Date
To: One Clark Street, No. Andover, LLC
Title and Date of final Plans and Other Documents:
c/o RAM Asset Management
appliarrName "North Andover Commerce Center"
121 Middle Street
MahTAddtesm Sheets B1, Cl - C10 dated REV
Portland, ME 04101
ciry/fowrr 1/20/99 (cover sheet) Sheet C4
State Zip Code dated 12/16/98.
The project site is located at:
1 Clark Street North Andover
cl own
Map 30 Lots 14. 15 & 45
Azessoa MaPRV t PaTeAot
and the property is recorded at the Registry of Deeds for:
North Essex 4613 136
C-ay Book page
Csnficate(if m9ganed land)
Findings
Furthermore,this Commission hereby finds that the project,as
Findings pursuant to the Massachusetts Wetlands proposed,is:
Protection Act: (check one of the following boxes)
Following the review of the above-referenced Notice of Intent Approved subject to:
and based on the information provided in this application and
presented at the public hearing,this commission finds that the the following conditions which are necessary,in accordance
area in which work is proposed is significant to the following with the performance standards set forth in the wetlands
interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This
Commission orders that all the work shall be performed in
N Public Water Supply accordance with the Notice of Intent referenced above,the
®Private Water Supply following General Conditions,and any other special
N Groundwater Supply conditions attached to this Order.To the extent that the
Ei Flood Control following conditions modify or differ from the pians,
❑Land Containing Shellfish specifications,or other proposals submitted with the Notice
Z Fisheries of Intent,these conditions shall control.
®Storm Damage Prevention
Z Prevention of Pollution
Protection of Wildlife Habitat
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-943
MPA Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 protection Bylaw.
Findings (cont.)
debris,including but not limited to lumber,bricks,plaster,
Denied because: wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,
motor vehicles,or parts of any of the foregoing.
❑ the proposed work cannot be conditioned to meet the
performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative
to protect those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an
on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the
Notice of Intent is submitted which provides measures Department have been completed.
which are adequate to protect these interests,and a final
Order of Conditions is issued. 8. No work shall be undertaken until the Order has become
final and then has been recorded in the Registry of Deeds or
❑ the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located,
to describe the site,the work,or the effect of the work on within the chain of title of the affected property. In the case
the interests identified in the Wetlands Protection Act. of recorded land,the Final Order shall also be noted in the
Therefore,work on this project may not go forward unless Registry's Grantor Index under the name of the owner of the
and until a revised Notice of Intent is submitted which land upon which the proposed work is to be done. In the
provides sufficient information and includes measures case of registered land,the Final Order shall also be noted
which are adequate to protect the Act's interests,and a final on the Land Court Certificate of Title of the owner of the
Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording
information which is lacking and why it is necessary is information shall be submitted to this Conservation
attached to this Order as per 310 CMR 10.05(b)(c). Commission on the form at the end of this Order,which
form must be stamped by the Registry of Deeds,prior to the
General Conditions commencement of the work.
1. Failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square
all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the
deemed cause to revoke or modify this Order. words,
"Massachusetts Department of Environmental Protection"
2. The Order does not grant any property rights or any [or,"MA DEPT"File Number
exclusive privileges;it does not authorize any injury to 242-943
private property or invasion of private rights.
Project File Numbs
3. This Order does not relieve the permittee or any other
person of the necessity of complying with all other
applicable federal,state,or local statutes,ordinances, 10.Where the Department of Environmental Protection is
bylaws,or regulations. requested to issue a Superseding Order,the Conservation
Commission shall be a party to all agency proceedings and
4. The work authorized hereunder shall be completed within hearings before the Department.
three years from the date of this Order unless either of the
following apply: 11.Upon completion of the work described herein,the applicant
(a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA
for in the Act;or Form 8A)to the Conservation Commission.
(b)the time for completion has been extended to a
specified date more than three years,but less than five 12.The work shall conform to the following attached plans and
years,from the date of issuance. If this Order is intended special conditions:
to be valid for more than three years,the extention date
and the special circumstances warranting the extended Final Approved Plans(attach additional plan references as
time period are set forth as a special condition in this needed):
Order.
(Refer to Condition_
#28)
5. This Order may be extended by the issuing authority for Title
one or more periods of up to three years each upon
application to the issuing authority at least 30 days prior to Oared
the expiration date of the Order.
6. Any fill used in connection with this project shall be clean signed and Stmpedby
fill. Any fill shall contain no trash,refuse,rubbish,or
On hk with
I
Massachusetts Department of Environmental Protection 242-943
Bureau of Resource Protection- Wetlands
. WPA Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Findings (cont.)
Findings as to municipal law,bylaw,or ordinance
13.Any changes to the plans identified in Condition#12 above Furthermore,the
shall require the applicant to inquire of the Conservation
Commission in writing whether the change is significant NORTH ANDOVER
enough to require the filing of a new Notice of Intent. conomlyoncorran&Wn
hereby finds(check one that applies):
14.The Agent or members of the Conservation Commission
and Department of Environmental Protection shall have the ❑ that the proposed work cannot be conditioned to meet the
right to enter and.inspect the area subject to this Order at standards set forth in a municipal law,ordinance,or bylaw,
reasonable hours to evaluate compliance with the condi- specifically
tions stated in this Order,and may require the submittal of
any data deemed necessary by the Conservation Commis-
sion or Department for that evaluation. Natmard dra m chwmapallaw,bylaw,oror&mnce
15.This Order of Conditions shall apply to any successor in Therefore,work on this project may not go forward unlessand until a revised Notice of Intent is submitted which
interest or successor in control of theproperty subject to provides measures which are adequate to meet these
ing work conditioned by this Orderer.
this Order and to any contractor other person perform standards and a final Order of Conditions is issued:
16.Prior to the start of work,and if the project involves work Yff that the following additional conditions are necessary to
adjacent to a Bordering Vegetated Wetland,the boundary of d
comply with a municipal law,bylaw,or ordinance,spe -
the wetland in the vicinity of the proposed work area shall
be marked by wooden stakes or flagging. Once in place, C.178. No. Andover Wetland Protection
the wetland boundary markers shall serve as the limit of Name aid a-am of mumpal law,bylaw,cr ordimm Bylaw
work(unless another limit of work line has been noted in
the plans of record)and be maintained until a Certificate of
Compliance has been issued by the Conservation Commis- The Commission orders that all the work shall be performed
sion. in accordance with the said additional conditions and with
the Notice of Intent referenced above. To the extent that the
17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans,
repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice
with vegetation or other means. At no time shall sediments of Intent,the conditions shall control
be deposited in a wetland or water body. During construc-
tion,the applicant or his/her designee shall inspect the
Additional conditions relating to municipal law,bylaw,or
erosion controls on a daily basis and shall remove
accumulated sediments as needed. The applicant shall ordinance:
immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional (see attached)
erosion and/or damage prevention controls it may deem
necessary.
Special Conditions(Use additional paper if necessary)
(see attached)
L.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands
242-943
WPA Form 5 - Order of Conditions
L DEP and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, YO Protection Bylaw.
Findings (cont)
This Order is valid for three years,unless otherwise specified On this
as a special condition pursuant to General Conditions#4, 3rd
from the date of issuance.
2/4/99 day of
Date February
A�onth
This Order must be signed by a majority of the conservation 1999
commission.The Order must be mailed by certified mai! Year
(return receipt requested)or hand delivered to the applicant before me personally appeared
A copy also must be mailed or hand delivered at the same Albert P. Manzi, Jr.
time to the appropriate regional office of the Department of
Environmental Protection.
to me known to be the person described in and who executed
Signatures: the foregoing instrument and acknowledged that he/she
executed the same as his/her free act and deed.
1 41 , ` I # I
' '
December 11 2003
VC� �i ,� p Mycomn�ssion expires
This Order is issued to the applicant as follows-.
❑ by hand delivery on
Dare
by_@we"mail,.milwom @@sip!i1equafted,on
February 4, 1999
Date
Appeals
The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to
any owner of land abutting the land subject to this Order,or the Order which is being appealed and how the Order does not
any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the
located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40
appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR
Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal
must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act
Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has
Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction.
Form,as provided in 310 CMR 10.03(7)within ten business
days from the date of issuance of this Order.A copy of the
request shall at the same time be sent by certified mail or hand
delivery to the conservation commission and to the applicant,
if he/she is not the appellant.
n....,. A nt G
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-943
WPA Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Recording Information
This Order of Conditions must be 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 subject to the Order. In the case of registered lard,this
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land subject to the Order of Conditions.The
recording information shall be submitted to the
Corm wimCommission
on the form below,which must be stamped by the Registry of
Deeds.
Detach on dotted line and submit to the Conservation Commission.` __ - --_
To:
Conservation Commission
Please be advised that the Order of Conditions for the project
at
"ed Location DEP File Number
has been recorded at the Registry of Deeds of
county
and has been noted in the chain of title of the affected property
in
Book
Page
in accordance with the Order of Conditions issued on
Date
If recorded land,the instrument number which identifies this
transaction is
Insoument Number
If registered land,the document number which identifies this
transaction is
Document Number
Signature dApplicant
Massachusetts Department of EnvimmNental Protection
Bureau of Resource Protection- Wetlands
WPAAppendix E Request for Departmental Action Fee Transmittal Form
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Please type or
print clearly all Request Information
information
requested on this
form. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice
citizen group's representative): of Resource Area Delineation;or Request for Determination
of Applicability):
Name
Name
wingAddres
eaairngAMm
City/Town
aty1rowrr
Stare Zip Com
Stare Zip Code
Phone Number
PhoneNuruber
Fax amber(if applicable)
FaxMimba(dapplz )
Project Location DEP File Number:
9reetAddress
Cityaown
Instructions
1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and
concisely the objections to the Determination or Order
❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina-
El
Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the
❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the
Department of Environmental Protection has no appellate
Send this form and a check or money order for$50.00, jurisdiction.
payable to the Commonwealth of Massachusetts,to
3. Send a copy of this form and a copy of the check or money
Dept.of Environmental Protection order with the Request for a Superseding Determination or
Box 4062 Order by certified mail or hand delivery to the appropriate
Boston,MA 02211 DEP regional office as listed in Appendix A.
4. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the conservation commis-
sion and to the applicant,if he/she is not the appellant.
DEP FILE #242 - 943
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
18.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.
19.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.
20.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.
21.The work authorized hereunder shall be completed within three years from the
date of this order.
22.This Order may be extended by the issuing authority for one or more periods of
up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section Vlll
(B)(p.33) of the North Andover Wetland Regulations).
CAWinword\00C\242-943.doc 1 NACC 2/4/99
DEP FILE #242 - 943
23.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.
24.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.
25.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.
26.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.
27.The proposed work includes: Expansion of parking lot facilities and upgrade of
stormwater management structures, including the construction of a wetland
treatment basin all of which are located within the 100' Buffer Zone of a
Bordering Vegetated Wetland (310 CMR 10.55).
28.The work shall conform to the following(except as noted in the remainder of
this document where revisions may be required):
Notice of Intent filed by: RAM Asset Management
DATED 12/98
Site Plans prepared by: Appledore Engineering, Inc.
Entitled "North Andover Commerce Center"
Sheets 111, C1 through C10
Sheet C4 dated 12/16/98
DATED REV January 20"', 1999(cover sheet)
Report prepared by: loitherstein Environmental Engineering
Entitled "Immediate Response Action Plan et al"
DATED July 30"', 1998
Hancock Environmental Services, Inc.
Correspondence Entitled"Wetland Replication"
February 1', 1999(DENIED)
CAWinwor&000\242-943.doc 2 NACC 2/4/99
DEP FILE #242- 943
Operation & Maintenance
Plan prepared by: Appledore Engineedng, Inc.
DATEDrY n 8"'
a ua 1999
29.The following wetland resource areas are affected by the proposed work: Buffer
Zone to Freshwater Wetland(c.178 of the Code of North Andover) and
Bordering Vegetated Wetland (MGL c.131 s.40). 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.
30.The NACC agrees with the applicant's delineation of the wetland resource areas
on the site as shown on the plans dated referenced herein.
31 .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 the adjacent wetland resource area except as
follows: In the immediate vicinity of work associated with headwall re-
construction tangent to wetland flags 2-25 through 2-21(refer to Sheet C4
entitled 'Grading, Drainage & Erosion Control Plan" dated 12/16/98). 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. (See Section 111(D) &Appendix G of the local Regulations).
32.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.
33.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 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.
34.The owners of the project and their successors in title, in the event they proceed
to alter areas subject to the Commission's jurisdiction under the order, agree
that the Order does not in itself impose upon the Town any responsibility to
C:\Winword\00C\242-943.doc 3 NACC 2/4/99
DEP FILE #242 - 943
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.
35.Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other
form of water damage.
EIOR TO CONSTRUCTION
36.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.
37.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.
38.A sign shall be displayed at the site not less than two square feet or more than
three square feet in size bearing the words "Massachusetts Department of
Environmental Protection, file Number 242-943."
39.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
CAWinword\00C\242-943.doc 4 NACC 2/4/99
DEP FILE#242 - 943
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. The
proposed project may be still under review by other local or state boards or
agencies. This may result in changes to the project plans or wetland impacts. If
any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of
construction. No work shall begin on a project until written approval has been
granted by the NACC.
40.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.
41.Prior to any work commencing on-site, the applicant shall submit to the NACC
for approval, a detailed sequence of construction, including the construction of
compensation and retention areas, installation of sedimentation/erosion control
devices and re-vegetation to be completed before other work begins on-site.
42.The NACC has denied the applicant's proposal to alter 140 sq. ft. of Bordering
Vegetated Wetland & 20 linear feet of Bank with at least 300 sq. ft. of wetland
replication for the purpose of installing rip rap. Prior to construction, the
applicant shall submit a revised plan and detail incorporating a rip rap scheme
along the base of the intermittent stream in question without adverse impact
to the adjacent Bordering Vegetated Wetland and Bank. Alteration of Bank
and Bordering Vegetated Wetland is specifically prohibited under this Order
of Conditions.
43.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 stakes or flags and shall be confirmed
by the NACC. Such markers 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. All flags used for the above purposes shall be of a color different from
other flagging used on the site.
44.A row of staked hay bales backed by trenched siltation fence shall be placed
between all construction areas and wetlands. The erosion control barrier will
be properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC prior to
CAWinword\00C\242-943.doc 5 NACC 2/4/99
DEP FILE#242 - 943
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. 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 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.
45.The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of forty (40) hay bales and sufficient stakes for staking
these bales (or an equivalent amount of silt fence). Said bales shall be used only
for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
46.A check payable to the Town of North Andover shall be provided in the
amount of $151000 (North Andover Wetland Protection Regulations-Section IX(A)(p.37)
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 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.
47.The applicant shall designate a professional Wetland Scientist 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. This person shall be given the
authority to stop construction for erosion control purposes. 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. 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 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
C:\Winword\OOC\242-943.doc 6 NACC 2/4/99
DEP FILE #242 - 943
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.
48.Prior to construction, the applicant shall permanently mark the edge of the "25'
No-Disturbance Zone" with signs or markers spaced evenly every fifty (50)
feet incorporating the following text: "Protected Wetland Resource Area".
This will designate their sensitivity 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.
49.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 feast five (5)business days prior to the closing of
said land transaction.
50.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 engineer, wetland scientist 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).
CAWinword\00C\242-943.doc 7 NACC 2/4/49
DEP FILE #242 - 943
DURING CONSTRUCTION
51.IMPORTANT: Immediately upon completion of the building foundation 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 it's proximity to wetland resource areas as approved
under this Order of Conditions. Said plan shall be submitted to the
Conservation Administrator for approval.
52.Upon beginning work, the applicant shall submit written progress reports every
month 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.
53.All catch basins shall contain deep sumps and oil/gasoline traps, and it shall be
a continuing condition of this order, even after a Certificate of Compliance is
issued, that the oil/gasoline traps in the catch basins be maintained. All catch
basins shall be free of all accumulated silt and debris before a Compliance is
issued and the owner or hider agent shall so specify in the request for
Compliance.
54.The sewer lines on the site shall be tested for water tightness in accordance with
North Andover DPW standards.
55.Approved de-watering activities anticipated at the re-constructed headwall and
"wet basin" shall be supervised and witnessed by the designated erosion control
monitor. This designee must be on-site while work specific to the headwall re-
construction and wet basin is occurring and until these sections are complete.
De-watering activities shall be conducted as shown on the approved plans and
shall be monitored daily by the erosion control monitor to ensure that sediment
laden water is appropriately settled prior to discharge toward the wetland
resource areas. 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.
56.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.
CAWinword\000242-943.doc 8 NACC 214/99
DEP FILE #242- 943
57.No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
58.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.
59.There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
60.After proper grading, all disturbed areas located within a resource area which
will not remain as wetland areas, shall be loamed (minimum of 4" of quality
loam), and seeded. This shall all be done in accordance with SCS guidelines. All
disturbed areas located within wetland resource areas which are to be only
temporarily disturbed during construction, shall be restored to their original
grade, soil profile and vegetative cover. Soil used for this purpose will either be
wetlands topsoil or a minimum of 4" of quality loam.
61.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
62.AI I waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal of
waste on the site by any other means. The applicant shall maintain dumpsters
(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.
63.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
64.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.
CAWinword\OOC\242-943.doc 9 NACC 2/4/99
DEP FILE #242 - 943
AFTER CONSTRUCTION
65.No underground storage of fuel oils shall be allowed within one-hundred (100)
feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued
under the authority of the Town's Wetland protection ByLaw.
66.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.
67.No road salt, sodium chloride, or other de-icing chemicals shall be used on
paved surfaces, and any arrangement for snow removal shall so stipulate due to
the importance of the site and wetlands. Permanent signs designating "No-Salt
Zone" and "No-Snow Stockpiling Zones" shall be displayed in prominent
locations. The quantity, location and type of signs are subject to approval by
the Conservation Administrator.
68.Upon completion of construction and grading, all disturbed areas located
outside resource areas shall be stabilized permanently against erosion. This
shall be done either by loaming and seeding according to SCS standards. If the
latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
69.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 shall be
submitted with the request for a Certificate of Compliance indicating that
they read and understood the recorded Order of Conditions prior to
going forward on this project.
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
Registered Professional Land Surveyor of the Commonwealth certifying
CAWinwordN00C\242-943.doc 10 NACC 2/4/99
4
DEP FILE #242 - 943
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 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.
➢ A line showing the limit of work and the extent of existing erosion
control devices. "Work" includes any disturbance of soils or
vegetation.
➢ Location of all subsurface utilities entering the property.
70.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
except in those locations approved under DEP# 242-943. Future
work within 100' of existing wetland resource areas will require a
separate filing with the NACC (refer to Section XI (page 18) of the
Regulations for performance standards within these zones) 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;
➢ Maintenance of catch basins (Condition#53);
➢ Discharge or spillage of pollutants (Condition #64);
CAWinwor&00C1242-943.doc 11 NACC 2/4199
DEP FILE #242 - 943
➢ Prohibition of underground fuels (Condition #65);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions#66 & 67).
➢ The attached "Stormwater Operations and Management Plan",
including Best Management Practices. No additional filings will
be required to conduct maintenance of the above referenced
system and plan.
CAWinword1000\242-943.doc 12 NACC 2/4/99
DEP FILE #242 - 943
I
APPENDIX A- COMPLIANCE CERTIFICATION FORM AFFIDAVIT
1, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST 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 number)
the North Andover Conservation Commission.
Wor
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 File#) 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 File#)
5. [ hereby affirm and acknowledge that this document will be reliedupon 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)
CAWinword\00C\242-943.doe 13 NACC 2/4/99
41
Appledore 600 State Street, Suite D
Portsmouth, NH 03801
Engineering Inc. tel 603.433.8818
fax 603.433.8988
aei@nh.ultranet.com
MEMORANDUM
Date: January 8, 1999
To: Michael Howard
North Andover Conservation Administrator
From: Gregg M. Mikolaities, P.E.
Appledore Engineering, In `
Re: North Andover Commerce Center
One Clark Street
North Andover, Massachusetts
AEI/1275
Operation and Maintenance Plan:
a) Contact/Responsible Party Aries Property Company will be managing
the property. Aries address is as follows:
Mr. Brian Gagne, Director of Development
Aries Property Company
121 Middle Street
Portland, Maine 04101
Phone: 207-774-1030
Fax: 207-774-6020
b) Maintenance Equipment: A street sweeper will be utilized to sweep the
parking lot. A vacuum truck will be used to cleanout catchbasins.
Depending on the maintenance required in the detention pond, either a
grade-all or rubber tired backhoe will be used.
c) Frequency of Cleaning: The Operation and Maintenance Plan will
comply with the Stormwater Management Manual:
• Sweeping: Inspected monthly, cleaned a minimum of four times
per year.
• Catchbasin sumps: Inspected monthly, cleaned a minimum of
four times a year.
Pond forebay: Inspected monthly. Cleaned a minimum of once
a year. Any planting disturbed during routine maintenance will
be replaced in-kind.
• Constructed wetland: Twice a year inspections during both the
growing and non-growing seasons for the first three years.
North Andover Commerce Center
One Clark Street
North Andover, Massachusetts
AEI/1275
Page - 2
d) Snow removal: Snow from the front lot will be stockpiled along the
banking along the east property line. Melting snow will go to the new
drainage system and then be directed to the constructed wetlands/detention
pond. Snow from the back side of the building will be stockpiled near the
constructed wetlands/detention pond. Snow from the separate lot across
Clark Street will be stockpiled in the lot. Melting snow will also make it's way
through the new drainage system to the constructed wetland/detention pond.
Please give me a call if you have any questions or require additional information.
GMM\vc
(1275-022.doc)
Enclosure
® Appledore
lW Engineering Inc.
310 CMR 10.44
Form 7
OEP Re Na.
(To be oroviaea by bEP)
Commonwealth Cry,rown North Andover.
�-+ of Massachusetts aoo,,c1nt RAM Asset Management
,,--
10/9/98
Data Ae uezt F*iieo
POSITIVE One Clark Street
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
and Chapter--1-78 Code of North Andover Wetland Bylaw and Regulations
From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority
To
RAM Asset Mana ement AEP Industries c/o RAM Asset Mgmt
(Name at person making request) _ _ (Name of prcpery owner)
121 Middle Street
Address Portland, MF 04101 Address Same
This determination is issued and delivered as follows:
by hand delivery to person making request on (date)
i-7 by certified mai(, return receipt requested on (date)
Pursuant to the authority of G.L. c. 131 , 6aC, the North Andover Conser,ration Commi Gsi-n
has considered your request for a Determination of Acolicability and its suQocring documentation. and has
made the following determination (check whichever is aoolicable):
Location: Street Address One Clark Street - —
Lot Numcer: Lots 14 15 & 45
1. The area described below, wnich includes ail/part of the area described in your request, is an
Area Suciedt to Protection Under the Act. Therefore, any removing, filling, dredatna or
fe
Mrin of that area requires the filing of a Notice of intent.
lt
1wr!'1��Bow�i,,►c� Vt� � �� �ocnnR logs -wcNV�r►D �wtGs = �-�� �-��,�'� �'���� � �'�3
2-1
RVT feu! M� 0 10,71C.(it (Ac s�A,I �
Z, The work described below, which includes all;part of the work desc^bed in your reeuest, is within
an Area Suclect to Protection Under the Act and will remove, fill, dredce or alter that area.There-
fore. said wcrk recuires the fiiing of allotice of Intent. -
I
I
Effective 11rC189
2.1
I� F
1
3. ❑ The work described below, which Includes all:part of the work oescribed In veur reouest, is within
the Butter Zone as defined in the recutations, and will alter an Area Subject to Protechcn Under
the Act.Therefore, said work requires the filing of a Notice of Intent
This Determination is necative:
1. ❑ The area described in your reouest Is not an Area Subject to Prctecticn Under the Act.
2. ❑ The work described in your reouest is within an Area Subject to Prctecticn Under the Act, but will
not remove, fill, dredge, or after that area. Therefore. said work does not recuire the filing of a
Notice of Intent.
3. ❑ The work described in your reouest is within the Buffer Zone, as defined in the reduiahons. but will
not alter an Area Subject to Protection Under the Act. Therefore, said work does not recuire the
filing of a Notice of Intent.
4. ❑ The area described in your reouest is Subject to Protection Under the Act, but since the work
described therein meets the reouirements for the fcllowtnc exemctien.as specified In the Act and
the regulations, no Notice of Intent is reeuired'
Issued by NORTH ANDOVER Conservation Commission
Signature(s)
Co
This Determination must be signed by a majority of the Conser�aticn Commission.
On this 21st day of October 1 c 9R before me
personally accearee Albert P. Manzi, Jr. , to me known to be the
person described in, and who executed. the foreccing instrument, and acknowlecceC ,not ne:she execute,'
the same as his1her tree act and deed.
e
Notary Public My corrimissldn'exc!res
- - Tom De!e minaticn aces not relieve the acolicanr irCrn CDmotyno wrin all other accticaate!eceral.state Cr local statutes.orcinances.
_'y-taws ur rt'^yutaliens. T nis belermination snail oe val:c!or three years Corm ine oate at issuance
'i he a o1irant.'.11e owner.any person aganevec Dy this Oeler-ninauor,. any owner of Ian-acumna me lane uocn wntc^:ne praaasaa wank
t to De cone.or any len tesioenls of ine c:ty or town in wnicn sucn!ang is lacatec,are nerecy nctrfiec c:tneir rign,:o recuest the Decartment
at�_-nvvonmentai Prolec:icn to issue a Suoetsacine Deierminauon of Aeohcacilny,provieing ine recuesi?s mace oy germ ec man at nano
oeirvery to the iJecartment,with trio azorcoriate tiling I" an= Fee Transmittal Form as orov aeC in 21C CMP 10-02C,i-'thin ten says from
the tale at rasuance of:his Determination.A Coy of Ina recuest snail at Ine same time oe rent cy cartihec mail or nano aeuvery to the
CznServgtion Commission ano the&coltcant.
I'LL`
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
L11 WPA Form 8B — Certificate of Compliance
242-943
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important: 1. This Certificate of Compliance is issued to:
When filing out p
forms on the One Clark St c/o Ram Asset Management
computer, use Name
only the tab
key to move 121 Middle St.
your cursor- Mailing Address
do not use the Portland ME 04101
return key. City/Town State Zip Code
� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
IL f One Clark St c/o Ram Asset Management
Name
min 4/5/2000 242-943
Dated DEP File Number
3. The project site is located at:
One Clark St. North Andover
Street Address City/Town
30 14,15,&45
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
One Clark St c/o Ram Asset Management
Property Owner(if different)
Essex 4613 136
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
I
Date
B. Certification
i
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
"aform 8b.doc•rev.8128/01 Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
L11 WPA Form 8B — Certificate of Compliance
242-943
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-
referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is
therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act
may commence without filing a new Notice of Intent and receiving a new Order of Conditions.
❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
C. Authorization
Issued by: v j
North Andover
Conservation Commission Date of Is uance
This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the
applicant and appropriate�DE�P * al Office (See Appendix A).
Signatures:
x f''
Ong( 12410-f-k Of Sept. 2001
Day Month and Year
before me personally appeared
Scott Masse
to me known to be the person described in and who execu ent nd
acknowledged that he/she executed the same as his/her fr act anublic
1commonwealth of Massachusetts
MY Gommiss1io4n Expires
Notary Pubic M
I
wpaform 8b.doc•rev.8/28/01 Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-943
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
I
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
i
County
i
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
' I
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
I
wpaform 8b.doc•rev.8/28/01 Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix A - DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Phone:413-784-1100 Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston
Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville, MA 02347 Avon Duxbury Halifax NewBedford Rochester Wellfleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole i
Arlington Cohasset Hull Middleton Reading Waltham
Wilmington, MA 01887 Ashland Concord Ipswich Millis Revere Watertown
Phone:978-661-7600 Bedford Danvers Lawrence Mitch Rockport Wayland
Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom, Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
i
III
wpaform8b.doc•Appendix A•rev.8/28/01 Page 1 of 1
s
Received by Town Clerk: fiECE11VED
FORM A JOYCE DRADSHAW
TOWN
CLERK
PORT ANDOVER
NDO VE
ON FOR ENDORSEM R
ENT OF PLAN
BELIEVED NOT TO REQ DIRE APPRO VAL
2001 JUN 2l A 8 51
To the Planning Board of the Town of North Andover,
The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by
it under and Subdivision Control Law is not required. The undersigned believes that such approval is not required for
the following reasons:
1. The division of land shown on the accompanying plan is not a subdivision because every lot shown
thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public
way, namely, Clark Street and Osgood Street. Being land bounded as follows:
On the Southwest and Northwest by land of Casa Pechia II Limited Partnership and the Lawrence Municipal Airport
On the Northeast by Clark Street
On the Southeast by Osgood Street
2. The division of land shown on the accompanying plan is not a subdivision for the following reasons:
Each of the two lots created has sufficient area, depth and frontage.
3.Lot frontage and acreage if each lot depicted on accompanying plan:
Lot I: 2.61 74f Acres (114,014±S.F.)— Frontage: 398.99'
Lot 2: 2.3544+ Acres (IO2,559fS.F.)— Frontage: 554.00'
4. Description of proposal: Plan is a division of the 5.0 acre parcel shown on Plan 47334
5. Title reference: North Essex Deed Book 5134, Page 5
Applicants' Signature: Owner's signature d address
i applicant:
/10 
(print name) PDXIzAN
Applicant's Address:
Tel. No.
i
III.
Rpcei,ved by Town Clerk:
FORMA
APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQ UIREAPPROVAL
To the Planning Board of the Town of North Andover,
The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by
it under and Subdivision Control Law is not required. The undersigned believes that such approval is not required for
the following reasons:
1. The division of land shown on the accompanying plan is not a subdivision because every lot shown
thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public
way, namely, Clark Street and Osgood Street. Being land bounded as follows:
On the Southwest and Northwest by land of Casa Vechia H Limited Partnership and the Lawrence Municipal Airport
On the Northeast by Clark Street
On the Southeast by Osgood Street
2. The division of land shown on the accompanying plan is not a subdivision for the following reasons:
Each of the two lots created has sufficient area, depth andfrontage.
3. Lot frontage and acreage if each lot depicted on accompanying plan:
Lot 1: 2.6174f Acres (114,014+S.F.)— Frontage: 398.99'
Lot 2: 2.35441 Acres (102,559fS.F.)— Frontage: 554.00'
4.Description of proposal: Plan is a division of the 5.0 acre parcel shown on Plan#7334
5. Title reference: North Essex Deed Book 5134, Page 5
Applicants' Signature: Owner's signature pnd address
i applicant:
til �xr--
(print name)
Applicant's Address:
Tel. No.
i
RpcEivdM by Town Clerk: R E C E 11V E O
FORMA JOYCE BRADSHAW
TOWN CLERK
APPLICATION FOR ENDORSEMENT OF PLAN RN O R T H AN OO V ER
BELIEVED NOT TO REQUIRE APPROVAL 2001 JUN 21 A B. 5
To the Planning Board of the Town of North Andover,
The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by
it under and Subdivision Control Law is not required. The undersigned believes that such approval is not required for
the following reasons:
1. The division of land shown on the accompanying plan is not a subdivision because every lot shown
thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public
way,namely, Clark Street and Osgood Street. Being land bounded as follows:
On the Southwest and Northwest by land of Casa Vechia II Limited Partnership and the Lawrence Municipal Airport
On the Northeast by Clark Street
On the Southeast by Osgood Street
2.The division of land shown on the accompanying plan is not a subdivision for the following reasons:
Each of the two lots created has sufficient area, depth and frontage.
3. Lot frontage and acreage if each lot depicted on accompanying plan:
Lot 1: 2.6174+ Acres (114,014fS.F.)— Frontage: 398.99'
Lot 2: 2.3544+ Acres (102,559±S.F.)— Frontage: 554.00'
4.Description of proposal: Plan is a division of the 5.0 acre parcel shown on Plan#7334
5. Title reference: North Essex Deed Book 5134, Page 5
Ap icants' Signr . Owner's signature pnd address
f i applicant:
%
IAI� Alm 71 S ,2
(print name)
Applicant's Address:
Tel. No. -7c{� 6 Y —4 0 q-3
RECEIVED
JOYCE BRADSHA
TOWN CLERK
NORTH ANDOVER
Notice to APPLICANTITDUN-CLERK.of-action-of-Planning Board on accompanyingX:JUL C I Q 2'- 39
1. e North Andover Planning Board has determined that said plan does not require approval under the
- 'Subdivision Control Law,and the appropriate endorsement has been made upon the same.
i
2. Th o h An er PI g.B 1,as- etermined. said pl' shows a su ,as defined by
C. 81-Lund erefore be r ted to it for app er the Subdi ' ion Control
Law.
`s
I
Very truly,ts'NorthPl Board
D 'C>/
TOWN OF NORTH ANDOVER
UST OF PARTIES OF INTEREST: PAGE / OF
SUBJECT PROPERTY
MAP PAR # NAME ADDRESS
�.3 �' E Z
ABUTTERS: �, y a, I D ,e4i77 /� /'Iq. /"7�IG Gtr, �"` Q viol
11 35- /, 1/ n
Chin
2 3v`� / d,60A4G( "7 i /72/ � S -
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5 ,3 5- h' ' 17- Zlen,t 2 c3
6 <35 k7,4 I
7 r 1262
8 �9
9 JD
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10 45 s N
ill L 3 7 11D /(/. D
13
14
15
16
17
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18
19
20
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�----
CERT. BY :
DAT
7 �,��1s x
'own of North Andover-PTannl'ng B�oarc�� %4
', sty s„s,,atsrss�«•rs:::�ss.�«;.'� s;�,,..,, .�s:...;t..z„^;::is.. t,att.,,a ;, w�. ..��s^s:";it."•: tt.':' "' !�: � � �{,�
RUMG;
"
ssr� ni rs ttiswckvt✓ii��/f'r y„s
Please type or print clearly.
1. -Petitioner. Appledore Engineering, Inc. _
Address: 600-State Street, Suite D. , Portsmauth, NH 03801
—Telephone number: (603) 433-8818
2. Owners of the Land:--One Clark North Andover, LLC
--Addiess: 121 Middle Street, Portland, ME 04101 - --
Telephone number: - - (207) 774-1030 �- -
-
Number ofyears of ownership: 1
3.. Location of Property- one Clark Street
Zoning District: Industrial 2
Assessors: Map: 35 Lot 14, 15 & 45
-- Registry of Deeds: - Book 9:: 4613 page-:: 136 -_
4'. - Eiistinz Lot: 706,778 sf (east)
-Lot Area(Sq.Ft.): 216,571 sf (west) Building Height: 451-61, .-
Street Frontage: 950+ Side Setbacks: 55 ft
Front Setback: 64 ft Rear Setback: 29 ft
Floor Area Ratio: Lot Coverage: 21.1%
5. Proposed Lot:
Lot Area(Sq.Ft.): Same as existing Building Height: 441-911
Street Frontage: 950+ Side Setbacks: 55 ft
Front Setback: 57' Rear Setback: 29 ft
Floor Area Ratio: 0.2:1 Lot Coverage: 19.2% =
6. Required Lot (as required by Zoning Bylaw):
Lot Area(Sq.Ft.): 80,000 sf Building Height: 55 ft
Street Frontage: 150 ft Side Setbacks: 50 ft
Front Setback: 50 ft Rear Setback: 50 ft
Floor Area Ratio: 0.5:1 Lot Coverage:: 35%
7. Existing Building: 8181 (Annex)
Ground FIoor(Sq. Ft.): 186,748+/- rr of Floors: 2
Total Sq. Ft.: Height: 45' - 6”
Use: Light Manufacturing Type of Construction: 2C
8. Proposed Building:. 112,060 (Existing) _
Ground Floor(Sq.Ft.): 56,675 (Proposed of Flbors: 1
Total Sq. Ft.: 168,735--sf( 818e1x1eight: 271 4"
Use: Office/Warehouse Type.of Construction: 2C
9, Petitioner and Landownersignature(s); --
Every application for Site Pla iRevrew shalLbe made on this form which is the official
form ofthe.Planning Board__Evergapplicatioffshall be filed with the Town Clerk's Office.
It shall be the responsibility o€th6petitionerto=furnish all supporting documentation with
this application. They dated copy bfthis application received by the Town Clerk or
Planning Office does-not absolve-the:applicantfromrthisresponsibility. Thepetitioner
shall be responsible for all expenses for.filing and legal notification. Failure to comply
with applicatiomitquirements;as citedRerein and:in the Planning BoardRules and
regulations may result in a:dismissal by tliePfanniug Boanibfthis application as
incomplete_
Petitioner's Signature'
Print or type name here: Bradlee Mezqu' .E. _.
Owner's Signature: D-%e- C.1^r L S4-r-r4e- M°0el- A`K�a v¢S L-4,-
Print
.tcPrint or type name here:
LL
T-OF PARTIES OF INTEREST
EJECT P.ROPER.TY
. I EAFiCEL I LOT
INA,ME IACOEES
ERCT _
PARCEL ILO T INAME IAOQFESS
35- 10 I Beijing-Realty Trust 11250 Osgood Street
N. Andover MA - 01845--- --=-
35 I I 13 1 Edward& Joan Riemitis 137 Stonecleave Road I -
_....- I N:-Andover, MA- 01845
35 I - _. I 53.7 I Richard- & Sophie Haphey 11159 Osgood Street
1 I IN. Andover, MA 01845
35 ( i 36 I Haphe Realty Trust 144 Russel Street I _
c/o William or Torla I N. Andover, MA 01845 I
35- I I 47 - { Casa Vochia II Ltd Partner. 152 Barcmeadow Street
I I I Methuen, MA 01844 1
35 I __ I 16A 1 City of Lawrence Airport 1492 Sutton Street I
N. Andover, MA 01845 i
35,34 19,49 I Forgetta Family Trust 11210 Osgood. Street _ I
I— I — I N. Andover, MA 01845 f
I I 27 I Angus Realty Trust 1 25 Orchard View Drive
I I c/o Me Com an I Manchester, NH 03053-3324
35 I ( 6 I Daniel & Joae Mn^ r by (
nn .1145. nagnnc3 Strn�t
I N Andover, MA 01845
37 I Vincent & Katie ler 11149 Os I
35 I I N. Andover, MA-01845 I
----------------
35 I 97 I Paul & Ma Ac21ci i 1-1 Old Farr Road
_ I I I N. Andover, MA 01845
-------------
I
I
I I I I -
I I I I
I I I (
I I I 1
Massaawsetts department of tavironn ental rrowcuarr
Bureau of Resource Protection— Wetlands oEP File Number
_ AMENDED #1 242-943
1 Clark Street w.
Yy rA Form 5 - order of Conftans for DEP use only
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 Protection Bylaw.
' Applicant Information
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER December 1998
Consffmon Common Date
For: The public hearing was closed on:
242-943 February 3, 1999
HajeaFikMoba Dare
To: One Clark Street No. Andover LLC
Title and Date of final Plans and Other Documents.
c/o RAM Asset Management
Apoc=Name Amendment #1
121 Middle Street n(
MmlirgAdren �r '�7�� Alotirme�y- CDI(1aVI'1F'ruL
Portland
0, qqq
Maine 04101
sore Lp code V-1319 000
The project site is located at
1 Clark Street, North Andover
C.ry/TaMrr
Map 30 dots 14, 15 &-45
Aae=MaaPfat/ Par dAofI
and the property is recorded at the Registry of Deeds for.
Essex 4613 136
CMIY gook Pve
Cffvfm(ifrWsered/ark
Findings
Furthermore,this Commission hereby finds that the project,as
Findings pursuant to the Massachusetts Wetlands proposed,is
Protection Act (check one of the following boxes)
Fallowing the review of the above-referenced Notice of Intent Approved subject to:
and based on the information provided in this application and
presented at the public hearing,this commission finds that the 2 the following conditions which are necessary,in accordance
with the performance standards set forth in the wetlands
area in which work is proposed is signifidnt to the following
interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This
Commission orders that all the work shall be performed in
-9 Public Water Supply accordance with the Notice of Intent referenced above,the
Private Water Supply following General Conditions,and any other special
9 Groundwater Supply conditions attached to this Order.To the extent that the
®Flood Control following conditions modify or differ from the plans,
C1 Land Containing Shellfish specifications,or other proposals submitted with the Notice
C Fisheries of Intent,these conditions shall control
®Storm Damage Prevention
®Prevention of Pollution
19 Protection of Wildlife Habitat
Massachusetts Reparmwnt of Environmentai Protection 242-943
Bureau ofResource Protection- Wedands 1 Clark Street
— --- AMENDED
WPAForm 5 - Order of Conis
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 protection Bylaw.
Findings (cont.)
debris,including but not limited to lumber,bricks,plaster,
Denied because: wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,
motor vehicles,or parts of any of the foregoing.
❑ the proposed work cannot be conditioned to meet the
performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative
to protect those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an
on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the
Notice of Intent is submitted which provides measures Department have been completed.
which are adequate to protect these interests,and a.final
Order of Conditions is issued. 8. No work shall be undertaken until the Order has become
final and then has been recorded in the Registry of Deeds or
❑ the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located,
to describe the site,the work,or the effect of the work on within the chain of title of the affected property. In the case
the interests identified in the Wetlands Protection Act - of recorded land,the final Order shall also be noted in the
Therefore,work on this project may not go forward unless Registry's Grantor Index under the name of the owner of the
and until a revised Notice of Intent is submitted which land upon which the proposed work is to be done. In the
provides sufficient information and includes measures case of registered land,the Final Order shall also be noted
which are adequate to protect the Act's interests,and a final an the Land Court Certificate of Tie of the owner of the
Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording
information which is lacking and why it is necessary is information shall be submitted to this Conservation
attached to this Order as per 310 CMR 1O.O5(b)(c). Commission on the form at the end of this Order,which
form must be stamped by the Registry of Deeds,prior to the
General Conditions commencement of the work.
1. Failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square
all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the
deemed cause to revoke or modify this Order. '^row.
"Massachusetts Department of Environmental Protection"
2. The Order does not grant any property rights or any (or,"MA DEP*]"file Number
exclusive privileges;it does not authorize any injury to 242-943
private property or invasion of private rights.
Ph7jectfweMow
3. This Order does not relieve the permittee or any other
person of the necessity of complying with ail other
applicable federal,state,or local statutes,ordinances, 10.Where the Department of Environmental Protection is
bylaws,or regulations, requested to issue a Superseding Order,the Conservation
Commission shall be a party to all agency proceedings and
4. The work authorized hereunder shall be completed within hearings before the Department
three years from the date of this Order unless either of the
following appy. 11.Upon completion of the work described herein,the applicant
(a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA
for in the Au;or Foran 8A)to the Conservation Commission.
(b)the time for completion has been extended to a
specified date more than three years, but less than five 12.The work shall conform to the following attached plans and
years,from the date of issuance. If this Order is intended special conditions:
to be valid for more than three years,the extention date
and the special circumstances warrantmg the extended Final Approved Plans(attach additional plan references as
time period are set forth as a special condition in this needed):
Order.
Nf
00 .
5. This Order may be extended by the issuing authority for ale
one or more periods of up to three years each upon !. :3 Q 3 DV
application to the issuing authority at least 30 days prior to
the expiration date of the Order. K etj ci m a "lit-S
6. Any fill used in connection with this project shall be clean
fill. Any fill shall contain no trash,refuse,rubbish,or 1�
On bie widr
Massachusetts Department of Envimamental Pmtection __ . _._ 24Z-943
Bureau of Resource Protection- Wedands ' 1 Clark Street
AMENDED -
WPA Form 5 - Order of Coins
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw.
13Findings (cont.)
This Order is valid for three years, unless otherwise specified On this
as a special condition pursuant to General Conditions#4, 5th
from the date of issuance.
April 5, 2000 day of April
oare
Umh
2000
This Order must be signed by a majority of the conservation
commission.The Order must be mailed by certified mail Yew
(return receipt requested)or hand delivered to the applicant. before me personally appeared
A copy also must be mailed or hand delivered at the same
time to the appropriate regional office of the Department of Albert P. Manzi, Jr.
Environmental Protection.
to me known to be the person described in and who executed - -
Signatures the foregoing instrument and acknowledged that heishe
executed the same as htslher free act and deed.
.
AUVYA&
!uYmm�anexp� ',
This Order is issued to the applicant as follows:
❑ by hand delivery an
awe
eSx by&*M maii. G [ edpagcedc on
April 6, 2000
awe
Appeals
The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely,the objections to
any owner of land abutting the land subject to this Order,or the Order which is being appealed and how the.Order does not
any ten residents of the city or town in which such land is contrbute to the protection of the interests identified in the
located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L c.131,§40
appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR
Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal
must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts wetlands Protection Ad
Department,with the appropriate filing fee and a completed or regulations,the Department of-Environmental Protection has
Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction.
Form,as provided in 310 CMR 10.03(7)within ten business
days from the date of issuance of this Order.A copy of the
request shall at the same time be sent by certified mail or hand
delivery to the conservation commission and to the applicant,
if he/she is not the appellant.
A.. 1AMff
Massacfiysetts Department of Environmental Protection 242-943
Bureau of Resource Protection—Wetlands 1 Clark Street
AMENDED
WPA Form 5 - Order of Condt as
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 p ro t e c t ion Bylaw.
O Regarding Information
This Order of Conditions must be 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 subject to the Order. In the case of registered land,this
Order shall also be noted on the Land Court Certificate of Title I
of the owner of the land subject to the Order of Conditions.The
recording information shall be submitted to the
NORTH ANDOVER
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on the form below,which must be stamped by the Registry of
Deeds.
Detach on dotted line and submit to the Conservation Commission.-- — __`,__`—,_
To:
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Please be advised that the Order of Conditions for the project
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at
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has been recorded at the Registry of Deeds of
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and has been noted in the chain of title of the affected property
in
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in accordance with the Order of Conditions issued on
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If recorded land.the instrument number which identifies this
transaction is
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If registered land,the document number which identifies this
transaction is
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