HomeMy WebLinkAboutMiscellaneous - 1475 TURNPIKE STREET Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance IL7) ]
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1372
Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Jimmie&Audrey Rucker
computer, use Name
only the tab
key to move 1475 Turnpike Street
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/Town State Zip Code
VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
George Williams, Estate of Thomas V. Hughes
Name
November 2, 2006 242-1372
Dated DEP File Number
3. The project site is located at:
1475 Turnpike Street North Andover
Street Address City/Town
Map 107B Parcel 65
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex North 10478 330-347
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
7/6/07
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform 8b.doc•rev.7/13/04 Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1372
L7� �] Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced
Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no
longer valid. No future work subject to regulation under the Wetlands Protection Act may
commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
63
C. Authorization
Issued by:
North Andover j>
Conservation Commission Date aff Issugfice
This Certificate must be signed bXamajonty of the Conservati Commission and py sent to the
applicant and appropria7DEgional Office(See Attachme .
Signatures:
wpaform 8b.doc•rev.7/13/04
Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1372
Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this "Z` Of '`� `�L1i
Day Month Year
before me, the undersigned Notary Public, personally appeared
Ma.SSe.
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
City/Town
77:D
E Signature of Notary Public
Od7/1SETTS Printed Name of Notary Public
009
-7
My C. m' sion Expires(Date)
Place notary seal and/or any stamp above
S nature of Notary Public
wpaform Sb.doc•rev.7/13/04 Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
Ll WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24vb
Provided Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
1475 Turnpike Street 242-1372
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform 8b.doc•rev.7/13/04 Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413 784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough
Phone: 508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston
Fax:508 792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Welifleet
Phone: 508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom Westwood
Braintree Framingham Maiden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform8b.doc•DEP Addresses•rev.715!07 Page 1 of 1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1372
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): Z Order of Conditions Amended Order of Conditions
use only the
❑ t s
tab key to 3. To: Applicant:
move your
cursor-do not George Williams Estate of Thomas V. Hughes
use the return a.First Name b.Last Name c.Company
key. 91 Lawrence Road
d.Mailing Address
Of`� _ Salem N. H. __ 03079
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Denise Smith Estate of Thomas V. Hughes
a.First Name b.Last Name c.Company
91 Lawrence Road
d. Mailing Address
Salem N. H. 03079
e.City/Town f.State g.Zip Code
5. Project Location:
1475 Turnpike Street North Andover
a.Street Address b.City/Town
Map 1078 Parcel 65
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known(note:
electronic filers will click for GIS locator): e.Latitude f.Longitude
5. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate(if registered land)
1230 660
c.Book d.Pag
7. Dates: 9/22/06 rc /z/0(, _ I
a.Date Notice of Intent Filed b.Date P lic earing Closed c.Date of I suance
8. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Plan of Upgrade of Subsurface Sewage Disposal System
a. Plan Title
Merrimack Engineering Services, Inc. Stephen E. Stapinski, R. P. L. S.
b.Prepared By c.Signed and Stamped by
8/30/06 1"=20'
d. Final Ravicin-rl + e.Scale
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid: $220.00 $42.50 $ 177.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.3/1/05 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1372
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
Protection of Wildlife®
a. ® Private Water Supply e. ❑ Fisheries f. Habitat
g. ❑ Groundwater Supply h. Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Buffer Zone Impacts: Shortest distance between limit of project disturbance and a 8
wetland boundary(if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
"aform5.doc• rev.3/1/05 Page 2 of 9
L7 Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1372
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings g (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. F-1 Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ -Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b.square feet c.dy nourishmt. d.c/y nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.ay nourishmt. d.c/y nourishmt
14. ❑ Coastal Banks a.linear feet b.linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes
a.square feet b.square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean,and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
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Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
' WPA Form 5 - Order of Conditions 242-1372
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
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. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain 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 of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district 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 the 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 done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, WA DEP"]
"File Number 242-1372 "
wpaform5.doc• rev.3/1/05 Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1372
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
vvpaform5.doc• rev.3/1/05 Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1372
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds(check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
- Conditions is issued._ _
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following 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.
If you need more C. The special conditions relating to municipal ordinance orb law are as follows:space for
additional See attached
conditions,
select box to
attach a text
document
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DEP FILE #242 - 1372
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 below. To the extent that the
following conditions modify or differ from the Plans, specifications or other proposals
submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may
require any information,measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further,work shall be halted on the site if the NACC,agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-laws or
regulations.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37)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.
C:\Winword\OOC\1475TurnpikeStreet.doc 1 NACC 10/31/2006
DEP FILE #242 - 1372
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. This Order of Conditions is issued under DEP File No. 242-1372.
26. 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.
27. 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.
28. The proposed work includes: the installation of a subsurface septic system and grading
within the Buffer Zone associated to a Bordering Vegetated Wetlands (BVW).
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: George Williams (Applicant)
1475 Turnpike Street
North Andover,MA 01845
Dated September 2006
Site Plans prepared by: Merrimack Engineering Services,Inc., entitled "Plan of
Upgrade Subsurface Sewage Disposal System",dated 8-
30-2006. Stamped &signed by Stephen E. Stapinski,
R.P.L.S. & Steven Eriksen,Registered Sanitarian.
Other Record Documents: Waiver letter and Alternative Analysis prepared by
William Dufresne,Merrimack Engineering Services,Inc.,
dated October 13,2006;
Letter from The estate of Thomas V. Hughes,received
date October 23,2006.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland(BVW) and within the local regulated 50 foot No-build
Zone. 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.
C:\Winword\OOC\1475TurnpikeStreet.doc 2 NACC 10/31/2006
DEP FILE # 242 - 1372
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 in those locations that are shown on the approved
plan as already disturbed.The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established under the local
bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
33. The NACC hereby GRANTS the applicant a waiver for work within the regulated 50-
foot No Build Zone for the purposes of installing a subsurface septic system within the
Buffer Zone area.
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 Commissions 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. Maintenance of the drainage system, if accepted by the Town as
part of a public way,becomes the responsibility of the Town.
36. 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
E - - mmi
37. 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.
CAW inword\OOC\1475TurnpikeStreet.doc 3 NACC 10/31/2006
DEP FILE # 242 - 1372
38. 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.
39. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words'Massachusetts-DEP File Number 242-1372."
40. 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.
41. 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.
42. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the installation of erosion control
devices and re-vegetation to be completed before other work begins on-site.
43. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s) throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can
be monitored. The proposed limit of work shall be shall be clearly marked with stakes or
flags and shall be confirmed by the NACC. Such markers shall be checked and replaced
as necessaryand shall b maintained e a ntained until all construction is complete. Workers should
p
be informed that no use of machinery, storage of machinery or materials, stockpiling of
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DEP FILE #242 - 1372
soil or construction activity is to occur beyond this line at any time. All flags used for the
above purposes shall be of a color different from other flagging used on the site.
44. A row of staked hay bales backed by trenched siltation fence shall be placed between
all construction areas and wetlands,as shown on the approved plan referenced herein.
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 inthis-Order-ofConditions. -Should such installation be required
by the NACC, they shall be installed within 48 hours of the Commissions request.
45. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 5 hay bales and sufficient stakes for staking these bales or
an equivalent amount of silt fence. Said bales shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
46. A check payable to the Town of North Andover shall be provided in the amount of$500,
which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the
NACC, and shall be posted with the North Andover Town Treasurer through the NACC
before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town Counsel, and shall be released after completion of the project, provided
that provisions, satisfactory to the NACC,have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local Bylaw.
47. Prior to construction, the applicant shall permanently mark the edge of the existing tree
line/delineated wetland line with eight (8) markers spaced evenly every 30-feet
incorporating the following text, "Protected Wetland Resource Area". These markers
can be purchased at the North Andover Conservation Department for$2 per markers.
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
Conservation Department. The applicant shall instruct all agents to explain these markers
to buyers/lessees/landscapers and all persons taking over the property from the
applicant.
C:\Winword\OOC\1475TurnpikeStreet.doc 5 NACC 10/31/2006
DEP FILE #242 - 1372
48. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party,subject to said Orders of
Conditions,the "Compliance Certification Form Affidavit" attached via "Appendix A"
signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days after to
the closing of said land transaction.
49. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Department prior to site preparation or construction and
shall arrange an on-site conference with a representative from the department,the
contractor,the engineer,wetland scientist and the applicant to ensure that all of the
Conditionsofthis 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).
DURING CONSTRUCTION
50. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
51. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area, or outside of the erosion control line.
52. Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while work is
occurring. 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.
C:\Winword\OOC\1475TurnpikeStreet.doc 6 NACC 10/31/2006
DEP FILE # 242 - 1372
53. 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.
54. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
55. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
56. 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) of 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.
57. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas,and no vehicle refueling, equipment lubrication or maintenance is
to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
58. 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.
59. 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 thetY
ro er . This condition is
p P
issued under the authority of the Town's Wetland Protection Bylaw and shall remain in
perpetuity.
60. 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.
C:\Winword\OOC\I475TurnpikeStreet.doc 7 NACC 10/31/2006
DEP FILE #242 - 1372
61. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed areas shall be seeded.
62. Upon completion of thej
roect the applicant shall submit the following p pp g 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 Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations 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 a—nv disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
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DEP FILE # 242 - 1372
63. 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 this filing. 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
(Condition#32);
➢ Discharge or spillage of pollutants (Condition#57);
➢ Prohibition of underground fuels (Condition#58);
➢ Limitations on the use of fertilizers,herbicides and pesticides (Condition
459).
C:\Winword\OOC\1475TurnpikeStreet.doc 9 NACC 10/31/2006
DEP FILE # 242 - 1372
APPENDIX A— AFFIDAVIT
I. on oath do hereby depose and state:
(authorized agent of applicant and or owner
S pP / )
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission (NACC).
and/ or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition,which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
, 20___, 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 the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property,which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of ,20
Authorized agent of applicant or owner
( g pP )
C:\Winword\OOC\1475TurnpikeStreet.doc 10 NACC 10/31/2006
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1372
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Is ante
Please indicate the number of members who will sign this form: S
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Departm '
Environmental Protection Regional Office, if not filing electronically, and the property nor, if different
from applicant.
Signatures:
-�
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
I A- 0000 -11 aOO6
On this Day °f Month Year
Before me, the undersigned Notary Public, 5C0& k bSx-
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification,which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
City/Town
EmmaDONNA K WEDGE
NOTARY PUBLIC gnature of Notary Pubiic
'
COMMONWEALTH Com 6ALTt1 of Aug.llusEtts ,7 d�'I A !V u��D
My Comm.I?xpires Aug.7,2009
Printed Name of N*ires
blic
Place nota seal and/or an stamp above ry y p MYCommissi n Eate)
This Order is issued to the applicant as follows:
❑ by hand delivery on V/by certified mail,return receipt requested,on
� a
Date Date
wpaform5.doc• rev.311105 Page 7 of 9
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1372
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information tothe'Deparrtment prior to issuance of a-Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc• rev.3/1/05 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1372
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered 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
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1372
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc• rev.3/1/05 Page 9 of 9
Town of North Andover
Office of the Conservation Department
Community Development and Services Division * .
27 C1larles Street ''ts+""°
s
North Andover,Massachusetts 01845 gcHusa
Alison E. McKay Telephone(978)688-9530
C:oriservation Administrator Fax (978)688-9542
Modification to Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant: e (-f' 0 2 TC6-,L/
DD
QX
t•�i" 90rder
� �oas a Modification to the o Conditions issued in Vile 24 �,date and
recorded in Book#Viand page 7, .3
Issued by the NOR DOVER CONSERVATION COMMISSION:
rte'
*, / of /ltnthi:y�ro'
before me personally appeared Scott Masse to me
day
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 47 7CWOMALTN
o pi
OF MASSACHUSETTS
mm SXP: Aug.7,2009
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 APPCALS 688-9541 BUILDING 688-9545 CONSERVA'PION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Pall . rV .ye/1 4
ctiby
Vr
Y
MEMORANDUM
To: North Andover Conservation Commission
From: Boston Hill Development, LLC (Mesiti Development)
Date: May 18, 2006
Re: Proposed Changes to Modification of Order of Condition and Conservation Restriction
- - - - - - - - - - -- - - - -- - - --- --- -- -- --- -- - -- - - - - -- - -- -- ------- ---- - ---- ---
Background
As you know, the Planning Board's approval of the Boston Hill project includes a
substantial amount of work in what will be the"Open Space" area of the project. For example,
the stormwater management system, utilities, grading and associated uses and structures were
approved by that Board for construction and maintenance in the Open Space area. This is shown
in detail in the plans approved by the Board. Post-construction, the Open Space area will provide
a large area(around 18 acres)for all forms of passive recreation. Similarly, your Order of
Conditions which you most recently extended on December 15, 2005, contemplates this same
scope of work in the Open Space.
Notwithstanding this work in the Open Space, the Planning Board's decision calls for
filing a Conservation Restriction(CR)for the Open Space prior to construction. The CR was
negotiated by counsel, signed by Boston Hill Development, LLC, and then signed by the
Commission at a public hearing on May 9, 2006. The next steps are to secure the signatures of
the Selectmen and the Secretary of Environmental Affairs for the Commonwealth and to record
the document.
Upon further review, Mesiti respectfully requests that, for the sole purpose of clarifying
the documentation, the Commission agree to revise certain language in the CR and the
"Modification to the Order of Conditions"which was issued by the Commission in connection
with its signature of the CR(the"Modification"). The ptrpose of the revised language to the CR
is to make certain that there is no misunderstanding in the firture regarding the nature and extent
of construction and maintenance permitted under the CR. Since the work permitted in the Open
Space is governed by existing permits, the sole purpose of this change is to make abundantly
clear that this work is allowed. We propose to revise the language to the Modification in order to
account for the fact that the real"baseline" condition of the Open Space land is the post-
construction condition, not the pre-construction condition which is the focus of the current
--.-ersion of the Modification. The reporting requirement should focus on the future condition of
,,he Open Space after it has been altered.
The current and proposed language for these two documents are provided below:
Memorandum to Commission
May 18, 2006
Page 3
I. CONSERVATION RESTRICTION
A. Current lanauaae ian.3-4):
B. Reserved Rights and Excevtions to Otherwise Prohibited Acts and Uses All acts and
uses by Grantor not prohibited in Paragraph A are permissible but only if such uses and activities
do not materially impair the purpose of this Restriction or other conservation interests, provided,
however, that the Grantor and Grantee agree and acknowledge that the storm water management
system approved by the North Andover Planning Board and included in the Plans does not
impair the purpose of this Restriction or other significant conservation interests. The Grantor
reserves to itself and its heirs, devisees, legal representatives, successors and assigns all other
customary rights and privileges of ownership including the right to conduct or permit the
following activities on the Premises otherwise prohibited in Paragraph A:
(1) All uses and structures shown on the Plans, such as, for example, drainage
purposes;
B. Prouosed revised lan$uase:
B. Reserved Rights and Exceptions to Otherwise Prohibited Acts and Uses. All acts and
uses by Grantor not prohibited in Paragraph A are permissible but only if such uses and activities
do not materially impair the purpose of this Restriction or other conservation interests, provided,
however, that the Grantor and Grantee agree and acknowledge that the construction(and
maintenance, repair or replacement) of the improvements shown on the Plans or allowed by a
permit or approval obtained by the Grantor, or its successors and assigns, does not impair the
purpose of this Restriction or other significant conservation interests and is therefore allowed.
The Grantor reserves to itself and its heirs, devisees, legal representatives, successors and assigns
all other customary rights and privileges of ownership including the right to conduct or permit
the following activities on the Premises otherwise prohibited in Paragraph A:
(1) All uses and structures shown on the Plans, such as,for example, drainage
purposes, grading, storm water management systems;
(2) construction and maintenance and repair or replacement of all improvements as
.shown on an approved plan or which is allowed by the terms of a permit or
approval,
(3) installation, repair, maintenance and replacement of all utilities;
+ Memorandum to Commission
May 18, 2006
Page 3
U. MODIFICATION TO ORDER OF CONDITIONS DATED MAY 10, 2006
A, Current language:
Pre-Construction Condition
Prior to any work commencing on site, the applicant shall submit to the Conservation
Department for review and approval a comprehensive stewardship program/plan for the
approved Conservation Restriction in accordance with the Massachusetts Conservation
Restriction Stewardship Manual prepared by Massachusetts Audubon Society dated March 2006.
This stewardship plan will include,but shall not be limited to,the documentation of
conservation values and man-made features on the property(Baseline Documentation Report)
and evidence of a regular monitoring program.
B. Proposed revised language:
Post-Construction Condition
After completion of construction,the applicant shall assist the Conservation Commission with
the preparation of Baseline Documentation Report in accordance with the Massachusetts
Conservation Restriction Stewardship Manual prepared by Massachusetts Audubon Society and
dated March 2006. To secure the applicant's performance, $5,000 of the conservation bond will
be held by the Commission until such time as a Baseline Documentation Report acceptable to the
Commission is prepared.
18026v1 Boon 012224
0