HomeMy WebLinkAboutMiscellaneous - 740 TURNPIKE STREET Town of North Andover �f NORTp
Office of the Conservation Department
Community Development and Services Division
400 Osgood Street ,ssRCNUs¢
North Andover,Massachusetts 01845
Alison McKay North (978)688-9530
Conservation Administrator Fax(978)688-9542
Modification to Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant: Atlantic Realty Trust/Suds Development, LLC
Thomas Laudani,Trustee
the revised Stormwater Operation& Maintenagce Plan entitled,"Drainaze Facilities
Operational and Maintenance Plan: 740 Turnpike Street,Route 114, North Andover, MA
01845", dated May 5, 1999 with revisions made on November 17,2004.
as a Modification to the Order of Conditions issued in DEP File#242-968, dated October 20,
1 and recorded in -acrd page- (d urwehT �a�'3
Is ed t e ANDOVER CONSERVATION COMMISSION:
Af
On this 17
of before me personally appeared Scott Masse to me
day month/yr
known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
il
�w
WEDGE�'2n)Al 9. d& f vu
Notary Public
ww�"T
A receipt from the Lawrence Registry of Deeds must be submitted to this office showing
that this Modification has been recorded and referenced to the book and page numbers.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 IIEALTI1688-9540 PLANNING 688-9535
Town of North Andover Of t%ORTN q
i?i.tn r6
Office of the Conservation Department F�
Community Development and Services Division s �„
William J.Scott,Division Director "
27 Charles Street % g aCH
Brian LaGrasse p ( )978 one
North Andover,Massachusetts 01845 Telephone 688-9530
Conservation Administrator Fax(978)688-9542
Modification to Order of Conditions
File No. 242-968
Project Address: Rte 114 Car Wash )
The NORTH ANDOVER CONSERVATION COMMISSION at it's meetin on 4/4/01,agreed to
accept 1r�M1 ✓l¢ ® ltd 2�GS�c\ lam/ `�1CiS� c'4:,F.�vi �t yl ZI 4� QEy 3 lsh
as a Modification to the Order of Conditions issued in File 242-968 dated ip zo 1qq and recorded in Bfelf
Issued by the Nl R, A OVER CONSERVATION COMMISSION:
On this 4th day of April 2001 before me personally appeared Scott Masse to me known to be the person
described in and who executed the foregoing instrument and acknowledged that he/she executed the
same as his/her free act and deed,,
Notary Public My Commission Expires
A receipt from the registry of Deeds must be submitted to this office showing that this Modification has
been recorded and referenced to the book and page numbers where the original order 242-968 was
recorded.
Original-Town Clerk
-copy-File
copy-Applicant
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
t>YCv BRAC 11HAW 9ou
TOWN CLERK
Received Iry 'I'Owti Cleuk NORTH ANDOVER
I? '^ o
TOWU OF NORTII A211JOVER, MASSACIIUSE'T'TS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZOIdING ORDINA14CE
' 733 Turnpike St-, Suite 15B
App 1 i c a n t Tho:^=s Laudani Estee of Acid r e s s Norttr.Andover, _MA aS 845 .
Atlantic Realty T1 Mst 'Tel Ido . (978) 470-8257
1 . Application is hereby made :
a) For a variance from the requirements o he Zoning Bylaws .
n 7
Paragraph 7.3 and Table _2 `
C)
2 . a) Premises affected are land ___-x._ and buildiiig (s)
Street .
numbered 740 Turnpike Street
b) Premises affected are property with frontage on the
• North { South ( ) East ( ) - West ( ) side of
In,T„n;las - Street .
Street , and Nnown as No. 740
Street .
C) Premises affected are ill ?,o» ing District 11 and the
premises affected have an area of 172,325_;_„ square _ feet
and f rontage of 303.75 feet .-
2-.
3 . Owi)ership :
a) Name and address of owner (if joint ownership, give all
iiames) :
Thanes Laudani 'Trustee of Atlantic Realty Trust
Date of Purchase 1/9/97_ Previous OwnerBandoiper RealtTrust
b) 1 . '
in 11 erres"t
__..
• :__f.Y d
• 1
4 . Size of proposed building:
front; &V feet deep; is
Height 2.5 stories ; feet .
a) Approximate date of erection :
b) Occupancy or use of each floor : office
C) Type of construction : wood frame/brick
appeal, under zoning, on these
5-, 11as there been a previous app _
premises? nn If so, when? -
6 . Description of relief sought on this petitionde3.ine
setback variance in order to construct a
7 . Deed recorded in the Registry of Deeds in Book 4671 Page 1f,15 _ _ t,
Fo>�caa Book Page i
The principal points upon which Ibase my application are as Ik
follows : (must be stated in detail)
hililehnn in
Pl i cant s I i ne setback yari anceh dpAirablA ral,of may be
a commercial zone to
granted without substantl d1 detrlIi�:nt t0 the L]L1b11C == aid car ;-n,it hill l 3£ ' g
substantially derogat:IP9 from the intest or Aurnose of the _zoning -
I agree to pay the • filing fee, advertising in newspaper, and
inci ental expenses*
Sign at ire of etitio �4
ner (s)
Daren c J. Scalise, Esq-
89 Main Street
North Andover, MA 01845
(978) 682-4153
6 of a
A
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: Industrial 1
Required Setback Existing Setback Relief
or Area or Area Requested
Lot Dimension -0-
Area 80,000 sq. ft. 172,325 sq. ft.
Street Frontage
150 ft. 303.75 ft. '0'
Front Setback 50 ft. 145.17 ft. -0-
Side Setback (s) 50 ft. 35.00 ft. 15.00 ft.
Rear Setback 50 ft.
380.00 ft. -0-
Special Permit Requests
7 of 8
Rev 06 . 03 . 96
RESEARCH FORM
ASSESSORS
DATE: PROJECT: T t N tk C rL FA-L
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BY: LOCATION:TQ �LN p•XJ-E 1,
Assessors Map Owners Name/ Deed Deed Date of
Number Block Lot# Owners Address Book Pae Transfer
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RESEARCH FORM
ASSESSORS
DATE: 12 - L - PROJECT: - 1
BY: LOCATION: �. >v
Assessors Map Owners Name/ Deed Deed Date of
Number Block Lot# Owners Address Book Pae Transfer
wk4R S(LnL C5-r-ik-T e-,oA�Tto,
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"YCE BRADSHAW
TOWN CLERK
�4ORTN ANDOVER
DATE
To: Zoning Board of Appeals
27 Charles Street
North Andover MA 01845
Please be advised that have agreed to waive the time constraints for the Zoning
Board of Appeals to make a decision regarding the granting of a VARIANCE for
property located at:
Name:
Street:
Town: ��i
Petifiwner (or Petitioner's representative)
cc: Town Clerk
Massachusetts Department of Environmental Protection
Bureau of Resource Protection— Wetlands DEP Fite Number
242-968
A Form 5 - Order ®f Conditions for DEP use only
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 protection Bylaw.
Applicant Information
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER June 10, 1999
cunsavaicn CC/rMZ1017 Date —--
For. The public hearing was closed on:
242-968 October 6, 1999
P,ajec file NumCer Date
To:
Atlantic Realty Trust Title and Date of final Plans and Other Documents:
Thomas Laudani, Trustee
AponafrName Aoy-be 05P&
733 Turnpike St, Suite 158a �� �'� U I��
,'AariitgAdc,�zss ��
North Andover, MA 01845
Uy/Town
57ae T p Code
The project site is located at:
NORTH ANDOVER
City/rcwn
98D 40
Assessors uantPfati ParcaUct i
and the property is recorded at the Registry of Deeds for.
Essex 4671 165 & 166
Ceurty Book Page
Czrrfiate'Wregise lana)
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 :n the following conditions which are necessary,in accordance
area in which work is proposed is significaiT'to the following with the performance standards set forth in the wetlands
interests of the Wetlands Protection Act(aleck all that apply): regulations,to protect those interests checked above. This
Commission orders that all the work shall be performed in
ER Public Nater Supply
accordance with the Notice of Intent referenced above,the
C� Private Water Supply following General Conditions,and any other special
Groundwater Supply conditions attached to this Order.To the extent that the
Cif Flood Control following conditions modify or differ from the plans,
`, L
and Containing Shellfish specifications,or other proposals submitted with the Notice
a Fisheries of Intent,these conditions shall control.
ER Storm Camace Prevention
F7 Prevention of Pollution
2S Protection of'Nildlife Habitat
t Massachusetts Department of avironnnntal Protection 242-968
Bureau of Resource Protection- Wetlands
WPA For 5 - order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.EL. c. 137, §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 ao 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 DEP"]"file Number
exclusive privileges; it does not authorize any injury to 242-968 „
private property or invasion of private rights.
Project File Number
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 Aa;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 warrandre,it e extended Final Approved Plans(attach additional plan references as
time period are set forth as a special condition in this needed):
Order.
5. This Order may be extended by the issuing authority for Title�
one or more periods of up to three years each upon 1-3 C
application to the issuing authority at least 30 days prior to Oared
the expiration date of the Order. AU
6. Any fill used in connection with this project shall be clean Sign anosramFeah% P�>
fiil. Any fill shall contain no trash, refuse, rubbish, or
Ajac
Massachusetts Department of Environmental Protection 242-968
Bureau of Resource Protection- Wetlands
TPA Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
Findings (cont.)
Findings as to municipal law, bylaw, or ordinance
13.Any chances to the plans identified in Condition#12 above Furthermore,the
shall require the applicant to inquire of the Conservation NORTH ANDOVER
Commission in writing whether the change is significant
enough to require the filing of a new Notice of Intent. conserrationcxrmissicn
hereby finds(check one that applies):
14.The Anent 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. Name and animnamumapaljaw,bylaw,or ordinance
Therefore,work on this project may not go forward unless
15.This Order of Conditions shall apply to any successor in and until a revised Notice of Intent is submitted which
interest or successor in control of the property subject to provides measures which are adequate to meet these
this Order and to any contractor or other person perform- standards,and a final Order of Conditions is issued.
ing work conditioned by this Order.
Y that the following additional conditions are necessary to
16.Prior to the start of work,and if the project involves work comply with a municipal law, bylaw,or ordinance,specih-
adjacent to a Bordering Vegetated Wetland,the boundary of ally
the wetland in the vicinity of the proposed work area shall
be marked by wooden stakes or flagging. Once in place, lV .
the wetland boundary markers shall serve as the limit of Nal atarionofmu 'pat law,bylaw,crordina
work(unless another limit,af 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-
ticn,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 �� � � �, GY1S
site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional
erosion and/or damage prevention controls it may deem
necessary.
Special Conditions(Use additional paper_if necessary)
DEP FILE#242 - 968
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
rm��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).
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.
CAWinword\00C\242-968.doc 1 NACC 10/28/99
e
DEP FII,E #242- 968
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.LIMITED PROJECT: Any future project which proposes a wetland crossing in
order to access certain portions of the property will not be qualified as a
limited project roadway under 310 CMR 10.53(e).
28.The proposed work includes: Construction of a commercial bldg.,
associated earthwork, utilities, parking, driveway, drainage structures,
wetland replication and restoration within the Buffer Zone to a
Bordering Vegetated Wetland (BVW) and Riparian Zones to Mosquito
Brook.
29.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: Merrimack Engineering Services, Inc.
Representative
Atlantic Realty Trust, applicant
Thomas Laudani, Trustee
Dated June 10, 1999
Site Plans prepared by: Merrimack Engineering Services, Inc.
Entitled "Proposed Office
Development" dated 6/2/99,
REV 8/30/99
Signed and Stamped by: Stephen Stapinski, RPLS and
Robert Daley, P.E.
Wetland Replication Wetlands Preservation, Inc.
CAWinword\00C\242-968.doc 2 NACC 10/28/99
DEP FILE#242- 968
Report prepared by: Entitled "Wetland Restoration and
Revegetation Plan dated March 26,
1999, REV May 26, 1999
Operation & Maintenance Merrimack Engineering Services, Inc.
Plan prepared by: dated May 5, 1999
30.The following wetland resource areas are affected by the proposed work:
Buffer Zone to Riverfront Area and Bordering Vegetated Wetland (BVW).
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.
31.The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
32.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 the driveway entranceway. 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.
33.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_
34.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.
35.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
CAWinword\00C\242-968.doc 3 NACC 10/28/99
DEP FILE #242- 968
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.
36.The NACC finds the applicant's proposal for 4,500 sq. ft. of wetland
replication and 11,360 sq.f. of wetland restoration to be adequate. The
replication areas shall be constructed prior to other construction activity on
site and this sequence shall be reflected in the construction sequence.
(Refer to Section 111(E)(4)(page 18) of the local Regulations for performance
standards).
37.Issuance of these Conditions does not in any 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
38.No work shall be undertaken until all administrative appeal periods from this
Order have elapsed or, if such an appeal has been filed, until all proceedings
before the Department or Court have been completed.
39.This Order shall be recorded by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be
undertaken until the Final Order has been recorded in the Registry of Deeds
or the Land Court for the district in which the land is located, within the chain
of title of the affected property. In the case of recorded land, the Final Order
shall also be noted in the Registry's Grantor Index under the name of the
owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is
to be done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this Order
prior to commencement of the work. Any Order not recorded by the
applicant before work commences may be recorded by the NACC at the
applicant's expense.
CAWinword\00C\242-968.doc 4 NACC 10/28/99
DEP FILE #242- 968
40.A sign shall be displayed at the site not less than two square feet or more
than three square feet in size bearing the words "Massachusetts
Department of Environmental Protection, File Number 242-968.
Expiration date=-----."
41.Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said changes
to be significant, the NACC will call for another public hearing (at the
expense of the applicant). Within 21 days of the close of said public hearing
the NACC will issue an amended or new Order of Conditions. Any errors
found in the plans or information submitted by the applicant shall be
considered as changes. 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.
42.It is the responsibility of the applicant, owner, and/or successor(s) to ensure
that all conditions of this Order of Conditions are complied with. The project
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of
construction.
43.Prior to any work commencing on-site, the applicant shall submit to the
NACC for approval, a detailed sequence of construction, including the
construction of compensation and retention areas, installation of
sedimentation/erosion control devices and re-vegetation to be completed
before other work begins on-site.
44.Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing. All wetland flagging shall remain visible and
enumerated per the approved plan(s) throughout the life of the project and
until a Certificate of Compliance is issued so that erosion control measures
can be properly placed and wetland impacts can be monitored. The
proposed limit of work shall be shall be clearly marked with 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.
CAWinword\OOC\242-968.doc 5 NACC 10128/99
DEP FII.E #242- 968
45.A row of double staked hay bales backed by trenched siltation fence shall
be placed between all construction areas and wetlands. Trenched silt fence
ONLY shall be installed between replication areas and resource areas.
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.
46.The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of 50 extra 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.
47.A check payable to the Town of North Andover shall be provided in the
amount of$ 71,119=($15,000 commercial bldg. + $40,119=$3/s.f of
replication/restoration+ $16,000 for Operation and Maintenance of
stormwater management structures)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.
$16,000 shall be held as surety for the "Successful Implementation" of
the Applicant's proposed Stormwater Management Operations &
Maintenance Plan (O & M Plan). The proposed O & M Plan was reviewed
through the Public Hearing on the Notice of Intent and is hereby
adopted as a mandatory perpetual condition approved by this Order of
Conditions. "Successful Implementation" of the O & M Plan shall be
demonstrated by the applicant only after three consecutive years of
strict compliance and adherence to the Plan submitted by the Applicant
CAWinword\00C\242-968.doc 6 NACC 10/28/99
DEP FILE #242- 968
and approved by the NACC. For purposes of establishing a benchmark,
said three consecutive year implementation period shall commence
upon final issuance of a Certificate of Occupancy for the proposed
building. The Applicant shall be deemed to be in default of the O & M
Plan condition should the Applicant fail to fully meet any of the
requirements of the O & M Plan during the three year implementation
period. Should the NACC find the Applicant to be in default of the O &
M Plan, the NACC shall take any and all actions, including seizure of any
portion, or all of the performance surety to return the project to a
compliant state. Notwithstanding the time of occurrence or discovery
of non-compliance, the "Successful Implementation" period shall
recommence at the beginning and run for the next three consecutive
years. Upon "Successful Implementation" of the O & M Plan, the
Applicant may request, and the NACC shall release the sixteen
thousand dollar($16,000) performance surety.
48. Compensatory flood storage shall be constructed prior to any filling of d
Bordering Land Subject to Flooding.
49.The applicant shall be responsible for placing signs on each parcel
designating the applicable lot number as depicted on the plans approved and
referenced herein.
50.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.
Credentials of said Erosion Control Monitor(prior to designation) shall
be submitted for review and subsequent approval by the NACC or an
Agent thereof. 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 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
CAWinword\00C\242-968.doc 7 NACC 10/28/99
DEP FILE #242- 968
intended. In addition, all wetland resource areas must be visually inspected
for siltation, turbidity, and/or other water quality impacts.
51.Prior to construction, the applicant shall permanently mark the edge of the
"25' No-Disturbance Zone" with signs or markers spaced evenly every
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.
52.The applicant shall stake out the foundation corners prior to construction for
projects including, but not limited to, single family homes, additions, decks,
pools, etc.
53.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 X' signed under the pains and penalties of perjury, stating
that said applicant and/or owner has read these Orders of Conditions
and is in compliance with each and every condition. This document shall
apply to each of the conditions referenced herein and shall be provided to
the Conservation Department at least five (5) business days prior to the
closing of said land transaction.
54.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 resultingfrom failure to comply with its
pY
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\242-968.dm 8 NACC 10/28/99
DEP FILE #242 - 968
=DURING CONSTRUCTION
55.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
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.
56.Upon beginning work, the applicant shall submit written progress reports
every other 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.
57.Approved de-watering activities anticipated at the roadway entrance location
shall be supervised and witnessed by the designated erosion control monitor.
This designee must be on-site while work specific to the roadway retaining
wall installation is occurring and until this section is 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.
58.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.
59.No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
60.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.
61.There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
CAWinword\00C\242-968.doc 9 NACC 10/28/99
DEP FILE #242- 968
62.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.
63.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
64.Al 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.
65.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
66.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.
STORMWATER MANAGEMENT CONDITIONS
N - :1
67. All construction and post construction stormwater management shall be
conducted in accordance with supporting documents submitted with the
Notice of Intent, Department of Environmental Protection, and Stormwater
Management Policy and as approved by the NACC in the Order of
Conditions.
68. All stormwater best management practices shall be maintained as specified
in the Operation and Maintenance Plan (attached) and hereby incorporated
in this Order of Conditions. Evidence of maintenance of stormwater
management systems shall be provided to the NACC on an annual basis.
CAWinword\00C\242-968.doc 10 NACC 10/28/99
DEP FILE#242- 968
69. There shall be no increase in 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 NACC.
70. Water quality in down gradient BVW's shall not differ following completion of
the project from the pre-development conditions. There shall be no
sedimentation into the wetlands or water bodies from discharge pipes or
surface leaving the site.
71. The applicants, owners, and their successors and assignees, shall maintain
all culverts, collection basins, traps, outlet structures, subsurface storage
areas, and other elements of the drainage system, unless put into an
easement to the Town of North Andover, in order to avoid blockages and
siltation which might cause failure to the system and /or detrimental impacts
to on site or off site resource areas, and shall maintain the integrity of
vegetative cover on the site.
AFTER CONSTRUCTION
72.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.
73.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.
74.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 and are subject to review and
subsequent approval by the NACC or Agent thereof.
CAWinword\00\242-968.doc 11 NACC 10/28/99
DEP FILE #242 - 968
75.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.
76.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 purchasing their property.
e. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a qualified biologist certifying compliance
with the Town of North Andover's Wetlands Bylaw and Regulations
Section III (E)(4)(B), page 18 for the restoration/replication areas.
i. The applicant shall periodically demonstrate compliance with the
approved Operation & Maintenance(O & M) Plan by issuing all
reports in accordance with the approved O & M Plan. Said
compliance shall be maintained for three consecutive years.
After successful implementation of the O & M Plan for three
consecutive years, the applicant shall submit a final certification
issued by a Professional Engineer, duly registered to practice
Civil Engineering within the Commonwealth of Massachusetts
that certifies to the fact of compliance with the approved O & M
Plan.
j. 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.
k. 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
CAW1nword\00C\242-968.doc 12 NACC 10/28/99
DEP FILE #242- 968
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.
77.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-
968. Future work within 100' of existing wetland resource areas
will require a separate filing with the NACC. The Conservation
Administrator and/or other agents of the NACC do not have the
authority to waive these setbacks as established under the local
ByLaw;
➢ Discharge or spillage of pollutants (Condition#66);
➢ Prohibition of underground fuels (Condition#72);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-
icing compounds and pesticides (Conditions#73 & 74).
➢ 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 (Condition#68).
CAWinword\00C\242-968.doc 13 NACC 10/28/99
DEP FILE #242 - 968
APPENDIX A -AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
( position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
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.
>li
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. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
CAWinword\00CQ42-968.doc 14 NACC 10/28/99
Massachusetts Department of Environmental Protection
Bureau of Resource Protection— Wetlands 242-96$
' ',D,8-, Form 5 - Order of Conditions
� "' and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.Z. c. 131, §4O Protection Bylaw.
Findings
This Order is valid for three years, unless otherwise specified On this
as a special condition pursuant to General Conditions#4, 20th
from the date of issuance.
October 20, 1999 day of
October
Dire
Month
1999
This Order must be signed by a majority of the conservation
commission.The Order must be mailed by certified mail 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
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 he/she
- executed the same as his/her free act and deed.
Notarl Pudic
i; December 11,2003
,Ky commission erolms
This Order is issued to the applicant as follows:
'Al
❑ by hand delivery on
Dare
❑ byxxexk on
October 27, 1999 -
Date
Appeals
The applicant,the owner,any person aggrievdo 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 oE,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
of Environmental Protection has
o 'ons the Department
Departmern,with the appropriate filing fee and a completed or regulate
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 shail at the same time be sent by certified mail or hand
delivery to the ccnseriation commission and to the applicant,
if helsh,e is not the appellant.
Massachusetts Department of Environmernal Protection
Bureau of Resource Protection- Wetlands 242-968
PA For 5 - Order of Conditions
and north Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection _ Bylaw.
Recording Information
This Crder 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
of the owner of the land subject to the Order of Conditions.The
recording information shall be submitted to the
NORTH ANDOVER
CorwVarron Commission
on the form below,which must be stamped by the Registry of
Deeds.
Detach on dotted line and submit to the Conservation Commission.
———— ---------------- �' ------------
To:
Consewion Commission
Please be advised that the Order of Conditions for the project
at
Prole~laafion OEP File Number
has been recorded at the Registry of Deeds of
CcUcry
and has been noted in the chain of title of the affected property
in
°oak
P,-,e
in accordance with the Order of Conditions issued on
D«e
if recorded land,the instrument number which-'identifies this
transaction is
Insaume^r;Vumbe'
If registered land,the document number which identifies this
transaction is
Doc.-,mef:ltzoe'
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-968
WPA Appendix E - Request for Departmental Action Fee Transmittal Farm
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 737, §40 Protection Bylaw,
Please type or
print dearly all Request Information
information
recuested 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
Maiing todress
MaitirgAdaiess
C;ryiTown
CityiTowrt
stare Zip Code
state Zip Code
Phone Number
Phase Numbs'
Fax Number(it apch ble)
Fax NumbT(i(applirble)
Project Location: DEP File Number:
slrea Add2s
City/rown
lnstructions
1. When the departmental action request is for(cheek 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-
❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw, and not on the
❑ Superseding Order of Resource Area Delineation - Nlassachusetts 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.
REuL.b€4.
`!`YCE BRADSHAW
TOWN CLERK
4ORTH ANDOVER
Its 12 14q
DATE
To: Zoning Board of Appeals
27 Charles Street
North Andover MA 01845
Please be advised that I have agreed to waive the time constraints for the Zoning
Board of Appeals to make a decision regarding the granting of a VARIANCE for
property located at:
Name: .� �a,4-iiYJ .�v�✓�-f ���;z Z� �� .�/f�-��c ��r� /�.IJ�
Street:
Town:
Signed:
Petitwner (or Petitioner's representative)
cc: Town Clerk
310 CMR 10 . 99 oep Fi Le ma. 242-698
Form 7 (To be provided by DEP)
ci ty[Torr, North Andover
AWL ic, ,t Atty. Jeffrey Renton
Commonwealth
of Massachusetts
EXTENSION PERMIT
MASSACHUSETTS WETLANDS PROTECTION ACT
G.L. c . 131, . §40_
From: North Andover Conservation Commission Issuing Authority
To: Atty. Jeffrey Renton 23 Main Street, Andover, MA 01810
(Name) (Address)
The Order of Conditions (or Extension Permit) issued on 6/23/94 (date)
to Gunya Corp (name) for work at Lot 1 Turnpike Street
one year
(address) is hereby extended for a period of XIRXRftk from
the date it expires.
This Extension Permit will exnire on 6/23/98 (date)
This document shall.be recorded in accordance with General Condit. on e of the
Order of Conditions.
(Leave Space Blank)
7-1
Effective 11/10/89
Issued by,Nort And ver C s n Commission NACCSignaturf'
C
When issued by the Conservation Commission this Extension Permit .must be
signed by a majority of its members.
on this 21st _ _ day of May 1997 before me
personally appeared Joseph W. Lynch, Jr. to me known to be the
person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/her free act and deed.
December 11, 2003
Notary Pubfi—.cff 4 My commission expires
I _ NACC
Detach on dotted line and submit to the prior to commencement of work.
To No. Andover Conservation Commission, 146 Main St. , No. Andover Issuing Authority
Please be advised that the Extension Permit to the Order of Conditions for the project at Lot 1 Turnpike St
Fite Number 242-698 has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 of the
originat-order of conditions on 19
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this Transaction is
Signature Applicant
7-?
IVa- fl/'4�'?
Town of North Andover t NORTH 19OFFICE OF o�,• •° ° b��c�
COMMUNITY DEVELOPMENT AND SERVICES p
3 146 Main Street •
North Andover,Massachusetts 01845 °,,r,°-•"'`t5
9SSACHuso-
MODIFICATION TO
ORDER OF CONDITIONS
File No. m-
Project: 6� ' :1yi 5IRT
The NORTH ANDOVER CONSERVATION COMMISSION at its meeting on
June 4, 1997 agreed to accept the location of the deck
3
approximately 30' from the edge of the BVW.
as a Modification to the
Order of Conditions issued in file # 242- 698 dated 6/23/94
and recorded in Book" # 2769 d Page # 114
Issued by the NORTH AN V C V ON COMMISSION:
e
On this 4th day of June 19 97 , before me personally
appeared Joseph W. Lynch, Jr. , to me known to be the
person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and
deed.
r December 11, 2003
Notary Publi& My Commission Expires
A receipt from the Registry of Deeds must be submitted to this
office showing that this Modification has been recorded and
referenced to the Book and Page numbers where the original Order
242- 698 was recorded.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH-688-9540 PLANNING 688-9535