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HomeMy WebLinkAboutMiscellaneous - 41 BEAVER BROOK ROAD t . Massachusetts Deparvwxt of Eavimnmiental Protection Bureau of Resource Protection Wetlands 242-913 WK Form SB - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland Protection Bylaw. Project Information 14.x' ®Df 1. This Certificate of Compliance is issued by: 3. The project site is located at: NORTH ANDOVER NORTH ANDOVER CorttMion Commission Ciry/Tawn 41 Beaver Brook Rd (Lot 20 Evergreen Est) To: SVedAddtw Mike Eagen AssessarsMap/Plaf f ParceUtot f Name 41 Beaver Brook Road and the final Order of Conditions was recorded on Wing Address No. Andover, MA 01845 July 2, 1998 atylTown Date - at the Registry of Deeds for - State Lp Code Essex Instrument #21458 2. This Certificate of Compliance is issued for work regulated Cwnty Book Page by a final Order of Conditions issued to: Cerobtate jrTr�staed�and) DECM, Inc. - Name June 18, 1998 4. A site inspection was made in the presence of the applicant, Dates or the applicant's agent,on: 242-913 _ --�- _ .1 r71,y�Utl.rU 3 of UDD DEP Fr7e Number - Date Certification -- - ❑ Invalid Order of Conditions: It is hereby certified that (Check all that apply): the work regulated by above-referenced Order of - Conditions never commenced. The Order of Conditions has U Complete Certification:It is hereby certified that the lapsed and is therefore no longer valid. No future work work regylated by the above-referenced Order of Condi- subject to regulation under the Wetlands Protection Act may tions has been satisfactorily completed. commence without filing anew Notice of Intent and receiving a new Order of Conditions. ❑ Partial Certification: It hereby certified that only the following portions of the work regulated by the above Y Ongoing Conditions:The following conditions of the referenced Order of Conditions have been satisfactorily Order shall continue.(include any conditions contained in completed.The project areas or work subject to this partial the Final Order,such as maintenance or monitoring,that certification which have been completed and are,released should continue for a longer period.) from this Order include: Condition Numbers: - - I4 4-4. 441 Massaazzetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 2 4 2 913 - WPA Form 8B Certificate of Compliance. ce Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland Protection Bylaw. Authorization On this - 5th Issued by: - NORTH ANDOVER day°f January conserMon commrssm Moan January 5, 2000 2000 PdreoflsswMe Year - This Certification must be signed by a majority of the before me personally appeared conservation commission and a copy sent to the applicant Scott'`Masse and appropriate DEP Regional 0 (see Appendix A). Signature(s) to me known to be the person described in and who executed owl / the foregoing instrument and ackn ed ed that he/she 9 99 executed the same as his/her free act and deed. j NmyPuNic !� December 11, 2003 MyCommon MRS 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: __ ___To: If recorded land,the instrument number which identifies this transaction is cons wAoncommission Please be advised that the Certificate of Compliance for the project at Ir[ umeallomber If registered land,the document number which identifies this - transaction is - fteaLocaDon - File Numbw Gbcrenea Atmber has been recorded at the Registry of Deeds.of Sown ofAppficaa Coutxy , and has been noted in the chain of title of the affected property on Dare Book ta_ LAW OFFICE OF MARK B. JOHNSON JOYCE tL 12 Chestnut Street TOWN CLEA Andover,Massachusetts 01810-3706 NORTH.ANDOVER FEB (978)475-4488 Telecopier:(978)475-6703 Paralegals MARK B. JOHNSON(MA,NH,DC) KATHRYN M.MORIN LINDA A. O'CONNELL(MA,NH,RI) JEAN A.SHEEHAN DONALD F. BORENSTEIN (MA,ME) LIANNE CRISTALDI February 11, 1998 HAND-DELIVERED Joyce Bradshaw, Town Clerk Town of North Andover 30 School Street North Andover, MA 01845 RE: D.E.C.M. Essex, Inc. Application for Endorsement of Plan Believed Not To Re uiq re Approval, Form A Dear Madam Clerk: I represent D.E.C.M. Essex, Inc. in regard to the above-referenced Form A Plan. On January 8, 1998, D.E.C.M. submitted an Application for Endorsement of Plan Believed Not To Require Approval and a Plan for endorsement. A copy of said Application is attached hereto as Exhibit 1. Twenty-one days have now passed since D.E.C.M. submitted its Plan to the Planning Board for endorsement, however, as of this date,the Planning Board has not endorsed the Plan as requested or filed a decision refusing to endorse the Plan with your office. The Planning Board's failure to endorse the Plan or file a decision refusing to endorse the Plan within twenty- one (21) of D.E.C.M.'s submittal, is in violation of M.G.L. c.41, §81P. Pursuant to §81P, the Plan is now deemed to have been constructively approved. This letter is a request that you issue a Certificate,pursuant to M.G.L. c.41, §81P, certifying that approval under the Subdivision Control Law is not required. A copy of§81P is attached hereto as Exhibit 2. Thank you for your cooperation in this regard. Very truly yours, MBJ:kIb /Mark B. Johnson Enclosures CC: D.E.C.M. Essex, Inc. LMG-2/DECMES SEBRAD SHAW 506 372 2004 CAROLYN C. AHERN 508 372 2004 P. 02 d by Town Clerk , , y 11.y1 FORM A as a� otf-Kyt OWN 1jiDOVER APPLICATION FOR ENaORSEMeNT OF N v BELIEVED NOT TO REQUIRE APPROV 1123 �►� !� 11/17 , 19 97 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 approvalby it under the 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 Sub- division 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 , or a private way , namely , Beaver Brook Rd. and Pheasant Brook Rd. being land bounded a s follows : Being lots 238-240. On the town of North Andover Assessor's Neap 106B. 2 . The division of land shown on the accompanying plan is not a sub division for the following reasons has minimum road frontage CBA/ and lot area, 3 . Title reference North Essex Deeds , Book 4372 Page 837 or Certificate of Title No . Registration Book Page Applicant s Signature : Owner ' s signature and address if not l � " �' • .-- the apps icant ', r Applicant ' s Address : D.E.C.M. Inc. $ssex Inc. 660 Rogers St, LoweU,- Mj 0102 z , X t r C. 41 ANNOTATED LAWS OF MASSACHUSETTS § 810 44x subdivision plan,so long as lot section plan effective because of expiration of 1 year limitations period in GL c 41 §81Y. Mur- is before board when it considers plan and fu phy v Donovan (1976) 4 Mass App 519, is available to members of public before 352 NE2d 210. public hearing. Wheatley v Planning { r Informational purposes of GL c 41 Board of Hingham (1979) 7 Mass App 'u- k §810 are fulfilled even if developers do 435, 388 NE2d 315, later app(Mass App) " F not include lot section plan as part of 1980 Adv Sheets 1710,409 NE2d 247. i 81P. Submission and Approval of Plans not Subject to 1RR, Subdivision Control Law. 'XI, Any person wishing to cause to be recorded a plan of land situated in a city or town in which the subdivision control law is in effect, who `{ believes that his plan does not require approval under the subdivision `. control law, may submit his plan to the planning board of such city or ' town in the manner prescribed in section eighty-one T, and, if the board finds that the plan does not require such approval, it shall forth- ' ' with, without a public hearing, endorse thereon or cause to be endorsed thereon by a person authorized by it the words "approval under the subdivision control law not required" or words of similar import with n appropriate name or names signed thereto, and such endorsement shall � be conclusive on all persons. Such endorsement shall not be withheld r x ' unless such plan shows a subdivision. If the board shall determine that in its opinion the plan requires approval, it shall within twenty-one " a days of such submittal, give written notice of its determination to the clerk of the city or town and the person submitting the plan, and such person may submit his plan for approval as provided by law and the -- rules and regulations of the board, or he may appeal from the deter- '�"- urination of the board in the manner provided in section eighty-one ' BB. If the board fails to act upon a plan submitted under this section vv or fails to notify the clerk of the city or town and the person submitting the plan of its action within twenty-one days after its submission, it shall be deemed to have determined that approval under £ 1 the subdivision control law is not required, and it shall forthwith make =I such endorsement on said plan, and on its failure to do so forthwith the s city or town clerk shall issue a certificate to the same effect. The plan 8jxi bearing such endorsement or the plan and such certificate, as the case E k may be, shall be delivered by the planning board, or in case of the cer- k t tificate, by the city or town clerk, to the person submitting such plan. a � = ` The planning board of a city or town which has authorized any person, 4 rtk h v other than a majority of the board, to endorse on a plan the approval of the board or to make any other certificate under the subdivision written statement to the register of deeds �R,�� a� control law, shall transmit a g and the recorder of the land court, signed by a majority of the board, giving the name of the person so authorized. The endorsement under this section may include a statement of the � fi a reason approval is not required. 52 Mill ` 14 {-p �� ' OFFICERS AND EMPLOYEES C. 41 § 81P g History— it I , 26 1 2. 1957 293, §§ 1, 2; 1960, 197; 1961, 332; 1953 .674 7; 1955, 3 , §§ � 1963, 363, § 1; 1987, 122. , ill Editorial Note-- i= ` The 1955 amendment,by § 1, rewrote the first sentence, and by §2, added a new sentence at the end of the first paragraph. The 1957 amendment,by § 1, rewrote the first sentence, and by §2, added W. , the second paragraph. The 1960 amendment rewrote the third sentence,deleting the time limit for 1, " appeals from the board. it The 1961 amendment struck out the former first sentence and inserted two # sentences in place thereof. ! The 1963 amendment rewrote the section to establish a time limit within � 7 which a planning board shall notify a city or town clerk that a plan submitted' ## to it requires approval under the subdivision control law. The 1987 amendment, in the third and fourth sentences of the first it paragraph, substituted"twenty-one days" for "fourteen days". I Total Client-Service Library®References- 82 Am Jur 2d, Zoning and Planning §§ 163-168. tF 25 Am Jur PI & Pr Forms(Rev), Zoning and Planning; Form 14. 20 Am Jur Legal Forms 2d, Zoning and Planning §268:99. 'f Annotations— Validity and construction of regulations as to subdivision maps or plats. 11 ALR2d 524. t' Standing of lot owner to challenge validity or regularity of zoning changes dealing with neighboring property. 37 ALR2d 1143. ` Right to intervene in court review of zoning proceeding. 46 ALR2d 1059. Inclusion or exclusion of first and last days in computing the time for per- formance of an act or event which must take place a certain number of days before a known future date. 98 ALR2d 1331. d Eminent domain: right to enter land for preliminary survey or examination. u e 29 ALR3d 1104. Construction and application of statute or ordinance requiring notice as pre- requisite to granting variance or exception to zoning requirement. 38 ALR3d 167. ---- Validity and construction of statute or ordinance requiring land developer to dedicate portion of land for recreational purposes, or make payment in lieu thereof. 43 ALR3d 862. Zoning: Planned unit, cluster, or greenbelt zoning. 43 ALR3d 888. Standing of owner of property adjacent to zoned property, but not within territory of zoning authority, to attack zoning. 69 ALR3d 805. Failure of vendor to Comply_with statute or ordinance requiring approval or recording of plat prior to conveyance of property as rendering sale void or voidable. 77 ALR3d 1058. 53 t: I n y=am w• . Town of North Andover t NORTH OFFICE OF a �`' ° °o COMMUNITY DEVELOPMENT AND SERVICES p 30 School Street *►o "' ; North Andover Massachusetts 01845 •.o-�'''`c� WILLIAM J. SCOTT �SsgcHus�t Director February 11, 1998 Mark B. Johnson,Esq. 12 Chestnut Street Andover, MA 01810 Re: D.E.C.M. Essex, Inc. FORM A Plan Dear Attorney Johnson, I am writing in response to your letter of February 11, 1998 requesting the Town Clerk to issue a Certificate pursuant to M.G.L.c. 41, §81P, certifying that the approval under Subdivision Control Law is not required for the above reference FORM A plan. For your information, the Planning Board did determine that the FORM A plan showed a subdivision, as defined by M.G.L. c.41§ 81-L and submitted that decision to the Town Clerk within the required time period. Therefore I believe that your request to the Town Clerk is inappropriate. I have attached a copy of the Planning Board's time-stamped decision for your records. I have scheduled a discussion of this plan with the Planning Board on Tuesday, February 17, 1998 at 7:00 p.m. in the DPW conference Room. If you have any questions please do not hesitate to call me at 688-9535. Very truly yours, v'l --t Kathleen Bradley Colwell Town Planner CC. R Rowen,Chairmen,Planning Board J. Bradshw,Town Clerk. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Received by ;cwn Clerk RECENEC Y0E'B'JUD*5NAl � N JAN 8 �� 23 A �y Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompnn I . Ther Planning B rd "ha determined that said plan do approva under the Su�6`d-i-vT�io Control Law , aniaL endorsement has been made upon the same . 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s . 81 -L , and must therefore be re-submitted to it for approval under the 4 Subdivision Control Law . . Vit Very truly yours , NORTH ANDOVER PLANT-IING BOAR! ... B y r Date LEONARD KOPELMAN _ Ko PELMAN .AND PAIGE, P. KATHLEEN.M,O'DONNELL DONALD G. PAIGE Q DAVIDJ. DONESKI ELIZABETH A. LANE ATTORNEYS AT LAW �r� ' SAN 1995 ORA CHARTON JOYCE FRANK [LANA M. QUIRK JOHN W. J. SHINN I BARBARA J. SA31 ST. JAMES'AVENUE' JOHN RICHARD HUCKSAM,JR. T ANDRE .USAN M. CALLAHAN JOEL B. BARD �� � BRIAN W. RILEY EVERETT J. MARDER BOSTON, MASSACHUSETTS 02116-4102 4 � JOHN J. KENNEY,JR. PATRICK J. COSTELLO JOSEPH L.TEHAN, JR. BOSTON OFFICE + ROBERT PATTEN ' .MARY L. GIORGIO ANNE-MARIE M. HYLAND (617) 556-0007 KATHLEEN E. CONNOLLY THERESA M. DOWDY FAX.(617)654-1735 MICHELE E. RANDAZZO PETER J. FEUERBACH WILLIAM HEWIG III NORTHAMPTON OFFICE MARY JO HARRIS DEBORAH A. ELIASON (413) 585-8632 .THOMAS W. MCENANEY JEANNE S. McKNIGHT JONATHAN M. SILVERSTEIN JUDITH C. CUTLER WORCESTER OFFICE TIMOTHY J. ERVIN RICHARD BOWEN (508)`752-0203 KATHARINE 1. GOREE' CHRISTOPHER J. POLLART February 10, 1998 Planning Board Town of North Andover 30 School Street North Andover, MA 01845 Re: ANR Plan - Lots 20A, 21A. 22A and 23 Beaver Brook Road Dear Members of the Planning Board: You have requested an opinion as to whether an ANR Plan("Plan") submitted by D.E.C.M. Essex, Inc. should be endorsed by the Planning Board. In connection with your request, you have forwarded a letter sent to you by Mark Johnson, an attorney for D.E.C.M., arguing that the Plan should be allowed pursuant to G.L. c.41 §810. The facts as I understand them are as follows. D.E.C.M. Essex submitted an ANR plan to the Planing Board seeking to create anew lot and revise the lot lines of three lots. All four lots are within a subdivision that was approved on August 15, 1995 (and, I assume, endorsed shortly thereafter) . The road for the subdivision has been constructed and all of the lots have been released from the covenants and a bond is in place for the completion of the infrastructure. The Planning Board has refused to endorse the Plan to date. I understand that the basis for this denial is that the subdivision roads have not yet been accepted by the Town. It is my opinion that the Planning Board should endorse this plan"ANR" as long as the newly configured lots comply with the Town's zoning requirements for frontage. The Subdivision Control Law, G.L. c.41 §810, provides: "the location and width of ways shown thereon shall not be changed unless the plan is amended accordingly as provided in PRINTED ON RECYCLED PAPER KOPELMAN AND PAIGE, P.C. Planning Board Town of North Andover February 10, 1998 Page t section 81 W; but the number, shape and size of the lots shown on a plan so approved may, from time to time.be changed without action by the Board._provided every lot so changed still has frontage on a public way or a way shown on a plan approved in accordance with the subdivision control law of at least such distance. if any. as is then required by ordinance or by law..." Pursuant to this statute, it is my opinion that so long as this revised plan shows lots"Which comply with the zoning frontage requirements, the Planning Board should endorse the plan "Approval Not Required." In my opinion,the fact that the subdivision road has not been accepted by the Town is irrelevant to the statute's applicability. The statute does riot require acceptance of the subdivision road, in my opinion, and in fact, states explicitly that so long as there is adequate frontage on a public way or a"AU shown on a plan approved in accordance with the subdivision control law" that the lots may be increased in number or reconfigured. If my understanding is correct that the lots meet the frontage requirements, it is my opinion that the Plan should be approved. Should you have further questions in this regard,please feel free to contact me Very truly yours, v1 oel B. Bard JBB/sj f cc: Town Manager 43231/nand/9999 ecei ved by Town C1 err; FORM A _30YCE-BRADS AW o OWN CLERK APPLICATION FOR ENDORSEMENT 00 AW"OVEN BELIEVED NOT TO REQUIRE APPJ�QV4L 11- 23 r 11/17 19 97 To the Planning Board of the Town :of North Andover : - - - The , undersigned wi shes_ to record the accompanying plan and -requests a determination by said Board that approval by it under the Subdivision. Contra-l-'- Law is not req'ui red . The undersigned bel i-eves that such approva is not required for the, following reasons - 1. The division of 1 and shown on the acco°mpanyi ng- plan is not a s:uh - -" division because _every lot: shown thereon has the amount of frontst-ge- !� req u red by the North Andover Zoni ng _By .Law and i s on a pub-_ namely , - or a '-pr-ovate way , name-ly,- Beaver Brook Rd. and Pheasant Brook Rd. " being I and bounded as ` foTT4o.ws Being lots 238-240.- Orr-the town of North Andover Assessor-'s Map 106B. 2 . The -division of land shown on the accompanying plan is not a sul — division for the following reasons has minimum road. frontage CBA/ and lot area. 3 . Title reference North -Essex Deeds , Book 4372 Page 337 _or' Certi fi cate of Title No . Registration Book i Page App-1 i cant ' s Signature : Owner' s signature- and address if - not the applicant Applicant ' s Address D.E.C..M. Inc. Essex Inc. 660 Rogers St. Sowell MA 01852 a Received by Town ClerkF, : U;; 4+ Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : _ 1. The North Andover Planning Board has determined that said plan does not -requi re- approval' under the Subdivision Control Law , and the appropriate .endorsement has been made upon the 'same. *. x Z. The .North An_d.over. 'PTanni�ng Board has determined 'th-at said pian shows_..a, subdivision , as -defined by G .L. c . 41 ,, s . 81-L-,; land must --therefore be re-suFaitted to it for approval under the Subdivision Control Law . Very truly yours , NORTH ANDOVER PLANNING BOAR[ By Date : i ' - :r..".`.;�•-f^^e{ e�'�-.' '. „q,.."CC �`>%S4;'� w•rR'ro-.s• ;c{:w,�\�"y�",+c.: 's;S:;• :>:•�,••;ti;•f;:;, . Town (of North Andover Planning Board - This form represents the schedule for allowing the following lots to be considered as eligible.for building permits under the Town of North Andover Growth Management by-law Section 8.7 of the Zoning by-law. Pursuant to 8.7 .5 this Development Schedule must be filed in the Registry of Deeds and be referenced on the deed of each of the lots below and be filed with the Planning Board prior to the issuance of any building,permit or permit for construction. Name and Address of Applicant for Lots: Name of Development: Map and Parcel of Original Lot: Date of Application for Lot(s),Division:` — 7 Lots Covered by this Schedule: The Planning Board by their signature below, Ora signature of a duly authorized representative, do hereby establish for the above named development the following-Development Schedule for the purpose of Section 8.7 of.the Growth management By-Law.The applicant,their assignees, successors and or subsequent property owners shall conform to the.-following,schedule that limits the eligibility of the following lots forbuilding permits. Thisform must be filed in the Registry of Deeds by the property,owner or representative.and be referenced on each deed for each;of the following lots. Such deed reference forthe-deed of each-lot shall ata minimum reference the book and page in whictr this Development Schedule is filed and contain the language:"This lot is subject to a Development Schedule pursuant to the flown of Nath Andover Zoning By-Law all owners, representatives, and futupunchasers should avail themselves of said restriction by reviewing the approved Development-Schedule as fled in Book insert here and Page insert here: The fact that a lot is eligible for a building=permit is subject to the limitation of the number of building permits per year pursuantto section S.7Zd of the Zoning By--Law." The Planning Board hereby schedule the lot(s)for the above development as follows: Year Eligible Number of Building Office Use Building Office Use Lots Eligible Date Lot Eligibility Notes Completely:Utilized Signature of Planning Board member or Authorized Representative- Date Signature of Property zed Representative a e` ed by Town Cler'�: 1 �0 OE-� AD FORM A ,. #�W1i 01.IE � gqp04 AmDOVER APPLICATION FOR ENDORSEtMONT OF P'CAN- BELIEVED NOT TO REQUIRE APPROVJJ 3 � 11/17 19.97 To the Planning Board of the Tom of .North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the 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 sub- division 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 , or a private way , namely, Beaver Brook Rd. and Pheasant Brook Rd. , being `land bounded as follows : Being lots 238-240. On the town of North Andover Assessor:'s Map 106B. j ; 2 . The division of land shown on the accompanying plan s lou division for the following reasons : has minimum road frontage CBA/ and lot area. 3 . Ti tl e referenceNorth Essex Deeds , B k 43_? Page 337 or ro Certificate of Title No . *Qg i i Rage 4b App-licant ' s Signature : Owner ' sn4ptur* as ad ress if not the appsi bdUC A 4 Appl icant ' s Address : D.E.C.M. Inc. Essex Inc. 660 Rogers St. - Lowell MA 01852 L Recei ved by Town Clerk : r up 23 Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying n : 1 . The rth And ver Planning B rd ha determined that said plan I do' s not requi approva under the Su ion Control Law , an the appropria endorsement has been made upon the same . 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very truly yours Z1 r NORTH ANDOVER PLANNING BOAR[ two& r By ; an — r 4014W ► 0 Date etwA %AWA"k"T'W-'1 TW%i -L -- c�zd, Alamo 41144 �ecei ved by Town Clerk: : FORM A JOYCE OWN CLERK BRA��t�AW T APPLICATION FOR;RENDORSEMENT OF PLAORTH 4NDOVER BELIEVED NOT 1'b REQUIRE APPROVAL JAN zM ` 11/17 1997 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 approv-al by it under the Subdi vi s ion Control Law is not-required. fihe 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 sub- division because every Tot shown thereon has the amount of frontage required by the North_ Andover Zoning By Law and is on a public way , namely , or a private way, namely, Beaver Brook Rd. -and-Pheasant Brook Rd: being -Tared bounded as follows : Being lots 238-240. On. the town of.Notch-Andover Assessor's Map 106B. 2 . The division of`Tand shown on the accompanying plan is not a sub- division for the following reasons : has minimum road frontage -CBA/ and lot area. 3 . Title reference ,North Essex Deeds , Book 4372 Page 337 or Certificate of Title No . Registration Book Page App-1 i cant ' s Signature: Owner ' s ""signature and address if not the applicant : Applicant ' s Address : D.E.G.M. Inc. Essex Inc. 660 Rogers St. Lowell MA 01852 Received by Town Clerk FECJoYCE e' a ' DSHAW TOWN CLEkK NORTH ANDOVER r k; RR JAN 8 1123 AN Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1.. The No -An over Planning Bo s determined said plan —» do" not req, i re- ap.prova under the Subdi vi s i Contr T Law , and the appro iate ndorsement has be de upon the same . g 2. The North Andover Planning Board has determined that said plan----- shows lan -shows a; sub div isi-on , as defined by C .L. c. 41 ,. s'. _81-L :and must therefore be re-submitted to it for approval under the R Subdivision Control Law - Very truly yours , NORTH ANDO.VEP PLANNING BOAR[ _ _ r By . Date : t � '.'.Q'• 7:u"'?; "•'"q.,`";14"i'�••;•nacvva v`+,�"•ti,.,.;"\ v .;4.`.:::a:.�,ti;.-.:,: }:,,,;{ .: \ \"�,`•`••'+,`+i`•:.;;:.�c•':'�r,•:Y` :.5:•"{7A*�I:.\'�Y :{:rvt:.;;..c:::vw'.\�`.•' $.,'.:.',y: .t.::... { `;;i...: ,,,j�.:,;;:•{.,;,,,r�,,;�n. .;�r.'. hV:4i.\����: �'r"•}'n�'v.~�'hw� v:'�'. fi�:•�Jt:}��� �F:�%t�i'7fnv '?� •<-. .''i. L�`h�i1��i}:i:}:WO'tr}%�1.:•xwu2 Town bf North Andover Planning Board - This form represents the schedule for allowing the following lots to be considered as eligible for building permits under the Town of North Andover Growth Management by-law Section 8.7 of the Zoning by-law. Pursuant to 8.7.5 this Development Schedule must be filed in the Registry of Deeds and be referenced on the deed of each of the lots below and be filed with the Planning Boardprior to the issuance of any building permit or permit for construction. Name and Address of Applicant for Lots: Name of Development: Map and Parcel-of-Original Lot: Date of Application for Lots Division: ? Lots Covered bythis Schedule: The Planning Board by theirsignature below,_or a.signature of a duly authorized:representative, do hereby establish for the-above named development the following Development Schedule for the purpose of Section 8:7 of the Growth.management By-Law.The applicant,their assignees, successors and or subsequent property owneFsshall conform to the.followingschedule that limits the eligibility of the following lots for buildinTpermits. This form must befiled-in-theRegistry of Deeds by the property,owner,or representative and be referenced on each deed for each of the following lots. Such deed reference for the deed:of each lot shall at a minimum reference the book and page in which this Development Schedule is filed and contain the language : "This lot is subject to a Development`Schedule pursuant to the Town of North Andover Zoning By-Law all owners, representatives,,and future purchasers should avail themselves of said restriction by reviewing the approved Development Schedule as filed in Book'inserthere and Page insert here. The fact that a lot is eligible for a building pennif is subject to the limitation of the number of building permits per yearpursuant to section 8 7.Zd of the Zoning By-Law." The Planning Board,hereby schedule the lot(s)for the above development as follows: Year Eligible Number of Building Office Use Building Office Use. Lots Eligible Date Lot Eligibility Notes Completely Utilized Signature of Planning Board member or Authorized Representative Date Signature of Property..3uaemr4"o zed Representative ae ecei ved by Town Cl er'r: : FORM A tLt "° V OY E BRA0.1"A W APPLICATION FOR ENDORSEMENT- OF PLA T BELIEVED NOT TO REQUIRE APPROVAL NORTH NOOYER SEP ZO 4 2s ?p `i September 14 1998 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 the 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 sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zon'i ng -By Law and is on a public way , namely , Beaver Brook Road , or a private way , namely , being land bounded a.s follows : northerly by land N/F of DECM Essex Inc . easterly by land of Bias , Alosky and Danis, southerly by Pheasant Brook Rd and westerly by Beaver Brook Road. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons: has required frontage and and area 1087 314 3 . Title reference North Essex Deeds , Book 2901Page 1,3 or Certificate of Title No . Registration Book Page App scan ' s, igna ure ; Owner' s signature and address if not the applicant : Applicant ' s Address ; D. E.C.M. Essex Inc . 660 Rogers St . Lowell , MA 01852 Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : I . The North Andover PlanningBoard has determined mine d that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2. The North Andover Planning Board has determined that said pian Shows a subdivision , as defined by G . L . c . 41 , S . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very truly yours , NORTH ANDOVER PLANNING BOAR By : Date ceived by Town Cler. ;"; : FORM AEtF ' JOYCE B46�PAW TOWN CLFK APPLICATION FOR ENDORSEMENT" OF PLANNORTN ANDOVER BELIEVED NOT TO REQUIRE APPROVAL, EP 4 25 PP, '98 September 14 1998 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 the 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 sub- division 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 , Beaver Brook Road , or, a private way , namely , being land bounded as follows northerly by land N/F of DECM Essex Inc . easterly by land of Bias , Alosky and Danis , southerly by Pheasant Brook Rd and westerly by Beaver Brook Road . 2 . The division of land shown on the accompanying plan is not sub- division for the following reasons`: has required frontage and and area 1087 314 3 . Title reference North Essex Deeds , Book 2.901 Page 13. or , Certificate of Title No . , Regi s trat i on Book 2 Page App lean ' s ignature : Owner ' s signature and address if- not the ap.P li.cant : Applicant ' s Address . D . E.C.M. Essex Inc . 660 Rogers St . Lowell , MA 01852 Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : F 1 . The 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 . 2. The Nor An over Plannin oa d has det m ' ned that id plan show a sub ivision , as define by G . . c . 1 , s . 1-L , and mu theref re be re- ubmitted to i for app va under t e S bdivision tr Law . Very truly yours , NORTH ANDOVER PLANNING BOAR By : Date ; -t —o z C= .C. a►=CDS N 'D r_. 310 CMR 10.99 . {. Farm 5 DEP F40 rw. . 242-913 (To tm 0mv ow ar CEF) ""- North Andover - ;- Commonwealth Gry.Towr+ of Massachusetts DECM,` Inc. Order of Conditions Massachusetts Wetlands Protection Act C.L. c. 131 §40 and under the Town of North Andover's Wetlands. Bylaw, Chapter 178 From North Andover Conservation Commission To DECM, Inc. Same (Name of Aopiicant) (Name of eroperty owners 660 Rogers Street Same ACcress Lowell, MA 01852 Adoress�.- This Craer is issue^and celivered as follows: G by hand delivery to acciicant or representative on (Cate) Q by certifiec mail. return receipt requested on 6L_-_� (date) This project is IoGaec at Lot 20 Evergreen Estates The croceny is reccrced at the Registry of Deeds, North Essex �oc>< ❑ 4372 .Page 337 CertrfiCate (if registered) The Notice of inter:t for tats orofect was files on May 7, 1998 (caro) The oubiic nearing was cicsed on June 3, 1998 (date) Findings NACC itas reviewed the above-reterenced Notice of The Intent anc cans and has hers a puaiic nearing on;ne q:;,;e.t.cased on the information avaiiaeie to the NACC at this time. the NACC has eetermrned that the area on wn:cn the orocosea work into be done rs srgnrficant to the toifowing Interests in accoraance with the Presurnntccns of Significance set forth to the re^,uia:tons for each Area Suatect to Protec•:an Unser ire Ac:1C.acX as acvreenate1: Ch.178 prevention of erosion and sedimentation Put,i;:. water surrciy Flood control G Land containing shellfish Pnvate water surraly Storm aamace prevention Fisheries Ground water sur Prevention of ociiuucn Prote^on of wildlife habitat Ch. 178- Wildlife Ch. 17pRecreation State Share �� �9^�-- Tctai Fling r=oe Submrned (,A fee in excess C. Cityr Town Share State Fortran S Tota! Refund Cue S C tyl?own Portion S (yz total) ('/z total.).. DEP FILE#242 - 913 Therefore, the North Andover Conservation Commission(hereafter the "NACC") hereby finds that the following conditions are necessary,sary, in accordance with the Performance Standards set forth in the State Regulations, the local i'yLaT�r 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 above. 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 - 1. 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. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of 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, the North Andover Wetland ByLaw and Regulations, 310 CMR 10.00, 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. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. _ 4. The work authorized hereunder shall be completed within three years from the date of this order. 5. 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 VIII (p.15) of the North.Andover Wetland Regulations). C:1Winword\000\242-913.doc l NACC 6/4198 DEP FILE #242 - 913 6. 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 is so warrant. 7. 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 DeparLinent. S. 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. 9. 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. 10. The proposed work includes: Construction of a single family dwelling within the Buffer Zone of a Bordering Vegetated Wetland and Riverfront Area to Boston Brook. 11. 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: DECM,Inc. DATED 5-7-98 Plans prepared by: Christiansen and Sergi,Inc. Entitled"Lot 20a Evergreen Estates" REV 4-24-98 12. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (B and Riverfront Area. These resource areas are significant to the interests of the Act and Town ByLaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the ByLaw. The applicant has not overcome the attempted to presumption of significance f these resource p e p esurnptio gru Cance o areas to the identified interests. CAWinword\00C\242-913.doc 2 NACC 6/4/98 DEP FILE #242 - 913 1 3. The NACC agrees with the applicant's delineation� gr' of the wetland resource P P areas on the siteh ass own on thelan p s dated referenced:herein. Prior to the issuance of a Certificate of Compliance,the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. i • i..e A CC 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. 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 Appendix 5 of the local Regulations). 15. 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. 16. 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. 17. 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 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. CAWinword\00C\242-913.doc 3 NACC 6/4/98 DEP FILE #242 -913 18. 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. PRIOR TO CONSTRUCTION 19. 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. 20. 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 format 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. 21. 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 242-913." 22. 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 NAC finds said changes to be significant, the NACC will call for-another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 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.im acts. If an such changes occur a revised plan P l p p y g 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. CAWinword\00C\242-913.doc 4 NACC 6/4/98 DEP FILE #242 - 913 23. 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. 24. Prior to a«y work on-site the applicant shall submit to the NACC for approval a sequencing plan for construction and erosion and sedimentation control with supporting plans and details as appropriate. 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, and revegetation to be completed before other work begins on-site. 25. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing 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. 26. 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 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 C:1Winword\0001242-913.doc 5 NACC 6/4/98 DEP FILE #242 - 913 27. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of twenty (20) 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 shallnot be used for the normal control of erosion. 28. A check payable to the Town of North Andover shall be provided in the amount of$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasure 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 provision, satisfactory to the NACC,has 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. 29. The applicant shall be responsible for placing a sign on the parcel designating the applicable lot number as depicted on the plans approved and referenced herein. 30. The applicant shall permanently mark the edge of the No-Disturbance Zone with signs or marker's designating it's sensitivity by incorporating the following text: "Protected Wetland Resource Area". This will ensure no further inadvertent encroachment into the wetland resource area. 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. 31. 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 "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 be provided to the Conservation Department at least five(5) business days prior to the closing of said land transaction. CAWinword\000242-911doc 6 NACC 6/4/98 DEP FILE #242 - 913 32. 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, 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 proposec an,4 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). 33. The NACC shall be notified in writing of any lot line or number changes with a copy of a plan showing these changes prior to any work on these lots. DURING CONSTRUCTION 34. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the Applicant shall complete a plan prepared by a Registered Professional Land Surveyor (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. 35. Upon beginning work, the applicant shall submit written progress reports every raonth 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. 36. 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. 37. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. CAWinword\00C\242-913.doc 7 NACC 6/4/98 DEP FILE #242 - 913 38. No regrading 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. 39. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 40. 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. 41. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system,or wetland resource area. 42. All 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. 43. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 44. 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\242-913.doc $ NACC 6/4/98 i i DEP FILE #242 -913 AFTER CONSTRUCTION 45. No underground storage of fuel oils shall be allowed on any lot within one- hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions, and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 46. Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (<5Io), 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 is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. - 47. 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 foaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 43. 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. A letter from the applicant requesting a Certificate of Compliance. b. The name and address of the current landowner. c. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they have read and understood the Order of Conditions prior to purchasing their property (see Appendix A-"Affidavit"). d. The name and address of the individual/trust or corporation to whom the compliance is to be granted. e. The street address and assessor's Trap/parcel number for the project f. The DEP file number. g. A written statement from a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. h. 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: CAWinword\00C\242-913.doc 9 NACC 6/4/98 DEP FILE # 242 - 913 ➢ "As-Buil' post-development elevations of all drainage stormwater management structures constructed within 100 feet of any wetland resource area. ➢ "As-Buil' post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a wetland under the local wetland 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, and approved decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes ay disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 49. 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 #242-923. 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; ➢ Discharge or spillage of pollutants (Condition #44); ➢ Prohibition of underground fuels (Condition #45); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions #46). C:\Winword\OOC\242-913.doc 10 NACC 6/4/98 " DEP FILE # 242 - 913 Appendix "All AFFIDAVIT /C on oath do (authorized agent of applicant and/or owner) hereby depose and state: (PLEASE CHECK AT LEAST ONE BLOCW) 1. I am the of (position with applicant) (applicant name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number} the Nord-i Andover C:o nservauon Commission. 2. I am the ofA (position with owner) (owner name) the owner upon whose land Order of Conditions — ( t have been placed up by (DEP or]VA CC number} the North Andover Conservation Commission. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth -so in said Order of Conditions. Z I herebyaffirm and acknowledge that on this day of 199_ I 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 relied upon by the ortl', 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) C:\Winword\000242-913.doc 11 NACC 6/4/98 242-913 �r i ,cam 17th Z2y .Tune - 98 Albert P. Manzi, Jr. - - r - .���CR r+�e`"'C=C .T df'C '.v�C =XcC:iI'_C „'? .`CC?7C;f'y r �...^c^C?f'•C dC',!%..'•vl;r';=C .`ci ,.:5,', _, cC'.:(2C __ :C _CaC.:: .. _..is r. -y :3r.;- .',-sv..n ^•i .. Z,=!!r. ally lar-C riS �e a,:c-=C^ ..r�C_., �.___S2•C' _:z S C ^9�_. ,^•r 'S,C?n:3 .�3_ /,�, C'nr. r+-rtG' S:._::laf'.C'SIL'C]9C. ara 'ar?Cy r •;'ieC sw::e �uc3f--c. 2—f. CvtC[7 y^ ;le, __es; ,.ae_`C./ 7acC 3.; CnC .r _;G C'.1r G.G.:i.wnp•r _a,,s _3 -.znc::y r::tiec -ati artC .•:sZ;cr: C _ G =_J __:i °_ :� _ `. _ _ cam.... _.. __.._C - r `d- »- —. . In . 7 2 r - 913 310 CMR 10.99 -- Form 5 DEP FRO No. 242-913 J (to to w OEM ' North Andover Commonwealth Gty.7own Of Massachusettsaooucant DECM, Inc. ZIP _ Order of Conditions Massachusetts Wetlands Protection Act C.L. c. 131, §40 and under the Town of North Andover's Wetlands, Bylaw, Chapter 178 From North Andover Conservation Commission Same Tc DECM, Inc. (Name of Applicants (Name of property owner] 660 Rogers Street Same Address Lowell, MA 01852 Address — This Craer is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) E2by certified mail• return receipt requested on (date) This project is located at Lot 20 Evergreen Estates The arooerty is recorded at the Registry of Deeds, North Essex Boos( 4372 Page 337 Cern icate(if registered) f The Notice of intent for this project was filen on May. 7, 1998 (date) The public nearing was closed on June 3, 1998 (date) Findings The NACC has reviewed the above-referenced Notice of intent anc pians anc nas ne,a a punfic hearing on Me project. Basea on lite information avaitadte to the NACC -atthis time, the NACC has determined that the area on wnicn the proposed work is to be done is significant to the following interests in ac=orcance with the Presumotions of Significance set fortn in lite reguiaaons for earn Area Subject to Protection Under the Act tC:eck as acoropnate): Ch.178 prevention of erosion and sedimentation Pubiic water supply Flood controi Q land containing shellfish Private water supply Storm carnage prevention '� Fisheries Groundwater supply Prevention of pollution Protection of wildlife habitat 178 Wildlife C . 17pRecreation Ch. ehare .l Toot Filing Fee Suomrtted Stale (�/-_ fee in excess c. S25) Share City,?own Sh _ Total Refund Due 5 — CitylTown Portion SState Faction S` ('!z total) ('/z total) DEP FILE#242 - 913 Therefore, the North Andover Conservation Commission(hereafter the "NACU) 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 above. 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 1. 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. 2. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of 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 Certificateof Compliance is issued, to evaluate compliance with this Order of Conditions,the Act,the North Andover Wetland ByLaw and Regulations, 310 CMR 10.00, 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. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this order. 5. 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 VIII(p.15) of the North Andover Wetland Regulations). CAWinword\000\242-9I3.doc 1 NACC 64/98 AEP FILE#242 -913 6. 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 is so warrant. 7. 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. 8. 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. 9. 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 placeprior to the issuance of a Certificate of Compliance. 10. The proposed work includes: Construction of a single family dwelling within the Buffer Zone of a Bordering Vegetated Wetland and Riverfront Area to Boston Brook. 11. 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: DECK Inc. DATED 54-98 Plans prepared by: Christiansen and Seto Inc. Entitled"Lot 20a Evergreen Estates" REV 4-2498 12. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and Riverfront Area. These resource areas are significant to the interests of the Act and Town ByLaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the ByLaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. CAWinword100C\242-913.doc 2 NACC 6/4/98 DEP FILE #242- 913 13. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. Prior to the issuance of a Certificate of Compliance,the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 14. 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(501 No-Construction Zone shall be established from the edge of the adjacent wetland resource area. 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 Appendix 5 of the local Regulations). 15. 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. 16. 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. 17.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 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. CAWinword\00C\242-913.doc 3 NACC 6/4/98 DEP FILE#242 -913 18. 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. PRIOR TO CONSTRUCTION 19. 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. 20. 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. 21. 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 242-913." 22. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant).Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 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. CAWinword\00C\242-913.doc ' 4 NACC 6!4/98 DEP FILE#242- 913 23. 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. 24. Prior to any work on-site the applicant shall submit to the NACC for approval a sequencing plan for construction and erosion and sedimentation control with supporting plans and details as appropriate. 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, and revegetation to be completed before other work begins on-site. 25.Wetland flagging shall be checked prior to start of construction and shall be re-established where missing 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. 26.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 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 reques#. CAWinword\000242-913.doc 5 NACC 6/4/98 DEP FILE #242 -913 27. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of twenty(20) 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. 28. A check payable to the Town of North Andover shall be provided in the amount of$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasure 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 provision, satisfactory to the NACC, has 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, 29. The applicant shall be responsible for placing a sign on the parcel designating the applicable lot number as depicted on the plans approved and referenced herein. 30. The applicant shall permanently mark the edge of the No-Disturbance Zone with signs or markers designating it's sensitivity by incorporating the following text: "Protected Wetland Resource Area". This will ensure no further inadvertent encroachment into the wetland resource area. 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. 31. 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"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 be provided to the Conservation Department at least five(5)business days prior to the closing of said land transaction. I _ CAWinword\000242-911doc 6 NACC 6/4/98 DEP FILE#242 - 913 32. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior site preparation or construction and shall arrange an on-sate conference with an NACC representative,the contractor,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). 33.The NACC shall be notified in writing of any lot line or number changes with a copy of a plan showing these changes prior to any work on these lots. DURING CONSTRUCTION 34. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.)which accurately depicts the foundation location and ifs proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 35. 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. 36.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. 37. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. CAWinword\00C\242-913.doc 7 NACC 6/4/98 DEP FILE #242 - 913 38. No regrading 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. 39.There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 40. 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. 41.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 42. All 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. 43. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 44. 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\242-913.doc 8 NACC 6/4/98 DEP FILE #242-913 AFTER CONSTRUCTION 45. No underground storage of fuel oils shall be allowed on an . � � y lot within one- hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions, and shall run with the title of the property. This condition is issued under the authority of the Townes Wetland protection ByLaw. 46. 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 is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 47. 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 foaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 48. 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. A letter from the applicant requesting a Certificate of Compliance. b. The name and address of the current landowner. c. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they have read and understood the Order of Conditions prior to purchasing their property (see Appendix A-"Affidavit'). d. The name and address of the individual/trust or corporation to whom the compliance is to be granted. e. The street address and assessor's map/parcel number for the project. f. The DEP file number. g. A written statement from a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. h. 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: CAWinword\00C\242-913.doc 9 NACC 6/4/98 DEP FHE#242 -913 ➢ "As-Built" post-development elevations of all drainage& stormwater management structures constructed within 100 feet of any wetland resource area, ➢ "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 wetland under the local wetland 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, and approved decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes M disturbance of soils or vegetation ➢ Location of all subsurface utilities entering the property. 49. 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#242-923. 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; ➢ Discharge or spillage of pollutants (Condition#44); ➢ Prohibition of underground fuels (Condition#45); ➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions #46). C:\Winword\OOC\242-913.doc 10 NACC 6/4/98 DEP FILE #242-913 Appendix "All AFFIDAVIT 1, on oath do (authorized agent of applicant and/or owner] hereby depose and state: (PLEASE CHECK AT LEAST ONE BLOCIQ 1, I am the I of (Position with aPPUC04 (applicant none) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. 2. I am the of (Position with owner) (owner name) the owner upon whose laud Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP Fite#) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 199 I 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 Fila#) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of - 19—. i(Siknatnre-outer>ked agent of appUcant or owner) CAWinword\00C\242-913.doc 11 NACC 6/4/98 242-913 crl;'f at ,ne Consef-;a;icn Ccr-m^,ISSicn. Gr1 ;Ctrs 17th ay Cf Tun 1 =98 u�rC1e sCnafiy =.gearec Albert P. Manzi, Jr. :C Vie:<rC'Nn :c ::7 �:erscn Cess.-:Cert in anC wf1C ?.nC ackrc,•vl_CCleC ;'e9 ��� p ��-���-�✓ /�i .•?003 VC(c C'ic Viy CCr^C^153icn _C: r?5 '+Cfk i5:C Ce i r e a c;rc r:. .-a Wirer. ;,y_9r r aC^,'s� :y;Rts Crcer, am Cwr,ar Ct IanC a vCins,^e ianC uxn nlc .1e c:cMszc nt CCne.Cr.'ay:en 'e5(Cert:S.Ct:^e C::y Cr:Cwn in wntG� SCCCt Iarc: S locate,:!. . ite rt8rd0y rG.tliea t Z,err ?„,^,v�rCRCartal C C:2G'aCn tC SSC.e 3 SuC9f SaQinC ,�.fCer. 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