Loading...
HomeMy WebLinkAboutNORTH ANDOVER LAND CORPORATION (6) Y Town of North Andover ! NORTN OFFICE OF 3�° ', °,�O G COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 018459 - , �.9 pilD 5 WZ11AM J. SCOTT SSACNus�{ Diroctor (978)688-9531 Fax (978)688-9542 _ December 10, 1998 Mr. Joel Bard Kopeiman & Paige 31 St. James Avenue Boston, MA 02116 RE: Amendment to Order of Conditions —Abbott Village Subdivision. (DEP #242-784) Dear Joel: As you are aware, the North Andover Conservation Commission held a public meeting on December 9`h, 1998 to deliberate the above referenced decision pursuant to Superior Court C.A. No. 96-1345. After a lengthy deliberation period where minor revisions were made to the draft decision as prepared by this office, the NACC voted unanimously (4-0-0) to approve the Amendment as attached herein. On behalf of the NACC and the Town of North Andover please-forward this document accordingly to Land Court Chief Justice Kilbom for review and subsequent consideration. Thanking you in advance Sincerely, I Michael D. Howard Conservation Administrator Encl. Cc: NACC Mr. Robert Halpin,Town Manager Mr. William Scott, Director CD&S Mrs. Kathleen Colwell,Town Planner file 31;:';TL Or �'PE.'.L3 38-95d'. Li :G 533-9545 CONSERVA70N 633-9530 c?EALM 688-9540 PL:t�`[NDTG 638-9535 SII __ Amendment to Order of Conditions Abbott Village Subdivision (DEP #242-784). FINDING OF FACT: Pursuant to a June 19, 1998 decision in Superior Court, C.A. No. 96-1345, North Andover Land Corporation v. George L. Reich, et al (North Andover Conservation Commission), the North Andover Conservation Commission ("NACC") conducted a review upon order of remand from the Court, of one of its conditions concerning Abbott Village Estates. On June 6, 1996, the NACC issued it's Order of Conditions ("the Order") under G.L. c131, s.40 and the North Andover Wetland Protection ByLaw c.3.5. Condition #15 of the Order stated, in part, The NACC denies the following wetland crossings)/alteration as depicted on the plans referenced herein: • Thistle Road at Station14 + 60 (2,170 s.f.:4,340 s.f.) The Applicant, North Andover Land Corporation, appealed this, and other, conditions. After a trial, presided over by Land Court Chief justice Kilborn, the Court issued a decision. That decision included the following paragraph: 23.The Commission's denial of the roadway crossing for Thistle Road for the reasons given by it was arbitrary and capricious. The Commission reasons that is not required to allow a-crossing, that the Thistle Road crossing is an "unnecessary wetland alteration" (when it appears the crossing is necessary, in terms of the use of dots 32 and 36) and that it has allowed two of the three requested roadway crossings (and thus 40 out of the desired 45 lots)``. NALC deserves an Order of Conditions which addresses the Thistle Road crossing on it's own merits, in light of the interests to be protected by G.L. c.131 s.40 and the Wetlands Protection Bylaw and the Regulations, independent df the Nutmeg Lane crossings and the number of lots which are allowed without the Thistle wetland crossing. Accordingly, 1 remand to the Commission for appropriate consideration and action. The Commission notes that the Planning Board did not require the Thistle Road crossing. if, as seems possible, the Commission considers such a finding required under 310 CMR 10.53(3)(e),that is not the case. After a duly noticed public hearing, the NACC considered again the Applicant's Thistle Road wetland crossing. The applicant had submitted a revision to this crossing, but the revision was subsequently withdrawn. Accordingly,the NACC was reviewing the same crossing it had previously reviewed and denied. The NACC found that the Applicant's proposed project, Abbott Village Estates, resulted in a total of 8,490 square feet of permanent wetland alteration. Via its June 6, 1996 Order, the NACC approved 6,320 square feet of permanent wetland alteration, having denied the Thistle Road wetlandcrossing (2,170 square feet of proposed alteration). This amount of alteration was permitted due to an oversight of the Commission when calculating the total permanent alteration: the Commission accepted the applicant's description of two (2) separate totals for permanent alteration of state protected and townprotectedwetland resource areas but the Commission did not accurately total the full extent of permanent wetland alteration. It was and remains the Commission's position that it had no authority to allow wetland alteration for this project or any other project in excess of 5,000 square feet. In addition, it was and is the position of the Commission that they had the authority and sworn responsibility to minimize cumulative impacts to wetland resource areas. Pursuant to the above-quoted paragraph 23, the Court ordered the NACC to reconsider Condition #15 and issue an Order of Conditions which addresses the Thistle Road crossing on its own merits, independent of the other wetland alterations in the proposed subdivision. The NACC respectfully concludes that the issuance of an Order which looks in isolation at only one of several wetland alterations proposed for one project (in lieu of cumulative impacts to a resource area or areas) is contrary to the North Andover Wetland Protection ByLaw (Section 178.1) and State Regulations. It remains the position of the NACC that it is of vital importance to minimize (where possible) cumulative wetland impacts in excess of 5,000 square feet. fundamental wetland science dictates that wetland impacts must be reviewed cumulatively as resource areas do not exist independently in isolation and are likely to share many of the same hydrologic inputs and outputs over given periods of time. Hydrologic conditions are extremely important for the maintenance of a wetland's structure and function even when simple cause and effect relationships are difficult to establish. The balance between inflows and outflows of water, the soil contours in the wetland, and the subsurface conditions are all important cumulatively and cannot be simply disregarded. Hydrology`remains the major determinant of wetland function and is probably the single most important determinant of the establishment and maintenance of specific types of wetlands. The commission cannot ignore the well documented negative impacts associated with cumulative impacts from development such as flooding, storm damage,groundwater pollution, wildlife and fishery habitat degradation, water supply degradation, impacts from erosion, and loss of recreational and economic values. There exists an inherent conflict between a private owner's interest in the wetland and the values that accrue to the public at large dominated by the need to consider the value of a wetland as part of an integrated landscape. -"Alter" means to change the condition of any Area Subject to Protection Under M.G.L. C.131 S.40 and/or the North Andover Wetland Protection Bylaw. Examples of alterations include but are not limited to the following: a. The changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood retention areas; b. The lowering of the water level or water table; c. The destruction of vegetation; d. The changing of water temperature, bio-chemical oxygen demand (BOD), and other physical, biological, or chemical characteristics of the receiving water. In making the determination regarding alternative means of access, the issuing authority shall require the applicant to evaluate the reasonableness of any previously or currently available alternatives including the re-alignment or re- configuration of the project to minimize to the greatest extent possible disruption (e.g. alteration) of wetland resource areas. When considering a project or scope of work that proposes to adversely impact (e.g. alter) a protected wetland resource area, the Commission utilizes in sequence a three (3) parameter review criteria: avoid, minimize, and mitigate. All applicants have the burden of proving to the Commission, through a detailed alternatives analysis, that the project and associated wetland impacts in question are not otherwise avoidable; that impacts to wetland resource areas have been minimized to the best extent practicable and that all impacts have been mitigated accordingly. When an applicant has satisfactorily addressed these and other relevant concerns the Commission may then properly consider the issuance of an Order of Conditions permitting said work. The Applicant's representative, Hayes Engineering, Inc., submitted such a document to the Commission for review entitled "Bridging Analysis" (dated 9-14-98) which forms the basis for this Amendment to Order of Conditions (NOTE: The prior modification request put forth by the applicant specific to Thistle Road was withdrawn via written correspondence dated 11-5-98 from Attorney Speicher). While the document is substantially incomplete and lacking in significant detail, the Commission is in agreement with the Applicant's representative that the current juxtaposition of the proposed Thistle Road and.on-site wetland resource areas makes for a "cumbersome place to provide a bridging structure (p.1)" and that "multiple spans are possible (p.1)"albeit "difficult with the wetland and stream configuration (p.1)." The Commission is also in agreement with the Applicant's representative that "the total crossing at Thistle Road could be bridged with some other type of structure (perhaps a steel beam design)... (p.2)." The applicant's representative asserted that the following construction impacts associated with a steel beam design render that type of engineering structure not practicable or not feasible: a. Cast-in-place concrete abutments are required. b. Erection of steel beams would require several days. c. Centering is required between beams to form the bridge deck. d. Forms must be removed after concrete is cured. No additional data or information was submitted to support these four assertions (a-d). As such, the Commission disagrees with these assertions. It is thus the belief of the Commission that an alternative roadway alignment and design specific to Thistle Road is practicable and feasible and would result in less adverse and otherwise avoidable impacts to on-site wetland resource areas while allowing the applicant to access the upland buffer zone for residential development on the northern side of the resource area in question. Therefore, and in conformance with the Court's remand Order, the Commission finds as follows: Condition #15 (as amended): In order to fully minimize impacts to on-site wetland resource areas, the' Commission hereby approves a complete span of Thistle Road across the resource area in question and in the general vicinity of wetland flags #62 through #59 and #46 through #44a pending receipt of a revised plan & report complete with appropriate cross sections and details as prepared by a Registered Professional Civil Engineer and Registered Professional Structural Engineer of the Commonwealth. Said plan and report shall also incorporate proposed mitigative measures, construction sequencing and proper environmental monitoring. Said plan is subject to review and subsequent approval at a public hearing by the Commission, its Agent, the North Andover Department of Public Works, and any necessary professional consultants appointed by the Commission in accordance with Section 178.11 of the North Andover Wetland Protection ByLaw (Dated May 1993). The applicant shall have the burden of proof demonstrating to the Commission that said design will not result in additional'adverse impacts to on-site wetland resource areas other than what has already been approved under DEP #242-784. Town of North Andover at NORT4 OFFICE OF 3� ,�'•`•' ao o� 0COMMiNITY DEVELOPMENT AND SERVICESS - p 27 Charles Street 9 North Andover, Massachusetts 01845 `°,,,.°�•P'`�y WMLLAM J. SCOTT 9SSACHUStiS Dirsctor . (978) 688-9531 Fax (978)688-9542 December 10, 1998 Mr. Joel Bard Kopelman & Paige 31 St. James Avenue Boston, MA 02116 RE: Amendment to Order of Conditions —Abbott Village Subdivision. (DEP #242-784) Dear Joel: As you are aware, the North Andover Conservation Commission held a public meeting on December 91h, 1998 to deliberate the above referenced decision pursuant to Superior Court C.A. No. 96-1345. After a lengthy deliberation period where minor revisions were made to the draft decision as prepared by this office, the NACC voted unanimously (4-0-0) to approve the Amendment as attached herein. On behalf of the NACC and the Town of North Andover please forward this document accordingly to Land Court Chief Justice Kilborn for review and subsequent consideration. Thanking you in advance i Sincerely, I r Michael D. Howard Conservation Administrator Encl. Cc: NACC Mr. Robert Halpin, Town Manager Mr.William Scott, Director CD&S Mrs. Kathleen Colwell, Town Planner file <;. :Z Or .il'PF,.. 633-954: 1 `�'"G 635-95•x5 CC SERV�T CN o33-9530 :IEAL;i3 635-9540 ?L:�(1`ING 623-9535 Town of North Andover °t NORTk , OFFICE OF �'"` °• o 0 COMMUNITY DEVELOPMENT AND SERVICES 3 A 27 Charles Street 0 North Andover, Massachusetts 018459.°4,-.0.. <5 WILLIAM J. SCOTT 9SSACNusEt Dirsctor (978) 688-9531 Fax (978)683-9542 December 10, 1998 Mr. Joel Bard Kopelman & Paige 31 St. James Avenue Boston, MA 02116 RE: Amendment to Order of Conditions — Abbott Village Subdivision. (DEP #242-784) Dear Joel: As you are aware, the North Andover Conservation Commission held a public meeting on December 91h, 1998 to deliberate the above referenced decision pursuant to Superior Court C.A. No. 96-1345. After a lengthy deliberation period where minor revisions were made to the draft decision as prepared by this office, the NACC voted unanimously (4-0-0) to approve the Amendment as attached herein. On behalf or the NACC and the Town of North Andover please forward this document accordingly to Land Court Chief Justice Kilborn for review and subsequent consideration. Thanking you in advance Sincerely, i / t , Michael D. Howard Conservation Administrator Encl. Cc: NACC Mr. Robert Halpin,Town Manager Mr. William Scott, Director CD&S Mrs. Kathleen Colwell,Town Planner file 2(1...�D Ci:lPG.—TS 633-954? L,L Ci 53',,-9545 CCNSERVATTON 623-9530 HEAL71i 6H-95-10 nT,1,\NIJG 688-9535 I Town of North Andover , r40RTpl , OFFICE OF 320 tioL COMMUNITY DEVELOPMENT AND SERVICES p 27 Charles Street WII.LIAM J.SCOTT SSACHU �5 North Andover,Massachusetts 01845 9 t Director (978)688-9531 Fax(978)688-9542 December 10, 1998 Mr. Joel Bard Kopelman & Paige 31 St. James Avenue Boston, MA 02116 RE: Amendment to Order of Conditions—Abbott Village Subdivision. (DEP #242-784) Dear Joel: As you are aware, the North Andover Conservation Commission held a public meeting on December 9`h, 1998 to deliberate the above referenced decision pursuant to Superior Court C.A. No. 96-1345. After a lengthy deliberation period where minor revisions were made to the draft decision as prepared by this office, the NACC voted unanimously (4-0-0) to approve the Amendment as attached herein. On behalf of the NACC and the Town of North Andover please-forward this document accordingly to Land Court Chief Justice Kilborn for review and subsequent consideration. Thanking you in advanqe Sinter iy, Michael D. Howard Conservation Administrator Encl. Cc: NACC Mr. Robert Halpin,Town Manager Mr.William Scott, Director CD&S Mrs. Kathleen Colwell,Town Planner file BO.ARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Amendment to Order of Conditions Abbott Village Subdivision (DEP #242-784). FINDING OF FACT: Pursuant to a June 19, 1998 decision in Superior Court, C.A. No. 96-1345, North -Andover Land Corporation v. George L. Reich, et al (North Andover Conservation Commission), the North Andover Conservation Commission ("NACC") conducted a review upon order of remand from the Court, of one of its conditions concerning Abbott Village Estates. On June 6, 1996, the NACC issued it's Order of Conditions ("the Order") under G.L. c131, s.40 and the North Andover Wetland Protection ByLaw c.3.5. Condition #15 of the Order stated, in part, The NACC denies the following wetland crossings)/alteration as depicted on the plans referenced herein: Thistle Road at Station 14 + 60 (2,170 s.L4,340 s.f.) The Applicant, North Andover Land Corporation, appealed this, and other, conditions. After a trial, presided over by Land Court Chief justice Kilborn, the Court issued a decision. That decision included the following paragraph: 23.The Commission's denial of the roadway crossing for Thistle Road for the reasons given by it was arbitrary and capricious. The Commission reasons that isnot required to allow a crossing, that the Thistle Road crossing is an "unnecessary wetland alteration"(when it appears the crossing is necessary, in terms of the use of lots 32 and 36) and that it has allowed two of the three requested roadway crossings (and thus 40 out of the desired 45 lots)'. NALC deserves an Order of Conditions which addresses the Thistle Road crossing on it's own merits, in light of the interests to be protected by G.L. c.131 s.40 and the Wetlands Protection Bylaw and the Regulations,independent of the Nutmeg Lane crossings and the number of lots which are allowed without the Thistle wetland crossing. Accordingly, I remand to the Commission for appropriate consideration and action. 4 The Commission notes that the Planning Board did not require the Thistle Road crossing. If, as seems possible,the Commission considers such a finding requiredunder 310 CMR 10.53(3)(e),that is not the case. After a duly noticed public hearing, the NACC considered again the Applicant's Thistle Road wetland crossing. The applicant had submitted a revision to this crossing, but the revision was subsequently withdrawn. Accordingly, the NACC was reviewing the same crossing it had previously reviewed and denied. The NACC found that the Applicant's proposedproject, Abbott Village Estates, resulted in a total of 8,490 square feet of permanent`wetland alteration. Via its June 6, 1996 Order, the NACC approved 6,320 square feet of permanent'wetland alteration, having denied the Thistle Road wetland crossing (2,170 square feet of proposed alteration). This amount of alteration was permitted due to an oversight of the Commission when calculating the total permanent alteration: the Commission accepted the applicant's description of two (2) separate totals for permanent alteration of state protected and town protected wetland resource areasbutthe Commission did not accurately total the full extent of permanent wetland alteration. It was and remains the Commission's position that it had no authority to allow wetland alteration for this project or any other project in excess of 5,000 square feet. In addition, it was and is the position of the Commission that they had the authority and sworn responsibility to minimize cumulative impacts to wetland resource areas. Pursuant to the above-quoted paragraph 23, the Court ordered the NACC to reconsider Condition#15 and issue an Order of Conditions which addresses the Thistle Road crossing on its own merits, independent of the other wetland alterations in the proposed subdivision. The NACC respectfully concludes that the issuance of an Order which looks in isolation at only one of several'wetland alterations proposed for one project (in lieu of cumulative impacts to a resource area or areas) is contrary to the North Andover Wetland Protection ByLaw (Section 178.1) and State Regulations. It remains the position of the NACC that it is of vital importance to minimize (where possible) cumulative wetland impacts in excess of 5,000 square feet. Fundamental wetland science dictates that wetland impacts must be reviewed'cumulatively as resource areas do not exist independently in isolation and are likely to share many of the same hydrologic inputs and outputs over given periods of time. Hydrologic conditions are extremely important for the maintenance of a wetland's structure and function even when simple cause and effect relationships are difficult to establish. The balance between inflows and outflows of water, the soil'contours in the wetland, and the subsurface conditions are all important cumulatively and cannot be simply disregarded. Hydrology remains the major determinant of wetland function and is probably the single most important determinant of the establishment and maintenance of specific types of wetlands. The commission cannot ignore the well documented negative impacts associated with cumulative impacts from development such as flooding, storm damage, groundwater pollution, wildlife and fishery habitat degradation, water supply degradation, impacts from erosion, and loss of recreational and economic values. There exists an inherent conflict between a private owner's interest in the wetland and the values that accrue to the public at large dominated by the need to consider the value of a wetland as part of an integrated landscape. -"Alter" means to change the condition of any Area Subject to Protection Under M.G.L. C.131 S.40 and/or the North Andover Wetland Protection ByLaw. Examples of alterations include but are not limited to the following: a. The changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood retention areas; b. The lowering of the water level or water table; c. The destruction of vegetation; d. The changing of water temperature, bio-chemical oxygen demand (BOD), and other physical, biological, or chemical characteristics of the receiving water. in making the determination regarding alternative means of access, the issuing authority shall require the applicant to evaluate the reasonableness of any previously or currently available alternatives including the re-alignment or re- configuration of the project to minimize to the greatest extent possible disruption (e.g. alteration) of wetland resource areas. When considering a project or scope of work that proposes to adversely impact (e.g. alter) a protected wetland resource area, the Commission utilizes in sequence a three (3) parameter review criteria: avoid, minimize, and mitigate. All applicants have the burden of proving to the Commission, through a detailed alternatives analysis, that the project and associated wetland impacts in question are not otherwise avoidable; that impacts to wetland resource areas have been minimized to the best extent practicable and that all impacts have been mitigated accordingly. When an applicant has satisfactorily addressed these and other relevant concerns the Commission may then properly consider the issuance of an Order of Conditions permitting said work. The Applicant's representative, Hayes Engineering, Inc., submitted such a document to the Commission for review entitled"Bridging Analysis' (dated 9-14-98) which forms the basis for this Amendment to Order of Conditions (NOTE: The prior modification request put forth bythe<applicant specific to Thistle Road was withdrawn via written correspondence dated 11-5-98 from Attorney Speicher). While the document is substantially incomplete and lacking in significant detail, the Commission is in agreement with the Applicant's representative that the current juxtaposition of the proposed Thistle Road and.on-site wetland resource areas makes for a "cumbersome place to provide a bridging structure(p.1)" and that AO multiple spans are possible (p.1) albeit difficult with the wetland and stream configuration (p.1)." The Commission is also in agreement with the Applicant's representative that "the total crossing at Thistle Road could be bridged with some other type of structure(perhaps a steel beam design)... (p.2)." The applicant's representative asserted that the following construction impacts associated with a steel beam design render that type of engineering structure not practicable or not feasible: a. Cast-in-place concrete abutments are required. ` b. Erection of steel beams would require several days. c. Centering is required between beams to form the bridge deck. d. Forms must be removed after concrete is cured. No additional data or information was submitted to support these four assertions (a-d). As such, the Commission disagrees with these assertions. it is thus the belief of the Commission that an alternative roadway alignment and design specific to Thistle Road is practicable and feasible and would result in less adverse and otherwise avoidable impacts to on-site wetland resource areas while allowing the applicant to access the upland buffer zone for residential development on the northern side of the resource area in question. Therefore, and in conformance with the Court's remand Order, the Commission finds as follows: Condition #15 (as amended): In order to fully minimize impacts to on-site wetland resource areas, the' Commission hereby approves a complete span of Thistle Road across the resource area in question and in the general vicinity of wetland flags#62 through #59 and #46 through #44a pending receipt of a revised plan & report complete with appropriate cross sections and details as prepared by a Registered Professional Civil Engineer and Registered Professional Structural Engineer of the Commonwealth. Said plan and report shall also incorporate proposed mitigative measures, construction sequencing and proper environmental monitoring. Said plan is subject to review and subsequent approval at a public hearing by the Commission, its Agent, the North Andover Department of Public Works, and any necessary professional consultants appointed by the Commission in accordance with Section 178.11 of the North Andover Wetland Protection ByLaw (Dated May 1993). The applicant shall have the burden of proof demonstrating to the Commission that said design will not result in additional adverse impacts to on-site wetland resource areas other than what has already been approved under DEP#242-784. Third Amendment to Order of Conditions Abbott Village Subdivision(DEP #242-784). The North Andover Conservation Commission at its meeting on June 16, 1999 agreed to accept the following plans as a Modification to the Order of Conditions issued in file #242-784 dated June 6, 1996: Plans Prepared By: Hayes Engineering Services, Inc.- Entitled "Notice of Intent Plan-Abbott Village Estates-, North Andover, Mass." Dated December 4, 1995 with revisions through June 7, 1999 The letter to the Conservation Commission dated June 9, 1999 from Hayes Engineering, Inc. and its enclosure are incorporated by reference into this Amendment and attached hereto. In addition, the following changes are hereby incorporated by reference Condition #15 is deleted and replaced with the following: Condition #15: The NACC approves the wetlands crossings and alterations as shown on the Revised plans, contingent on construction of all of the replications shown on said plan. Condition #16 is deleted (previously annulled by the Land Court). Condition #19 is deleted (previously annulled by the Land Court). Condition #17 is amended to replace the number"12,455 sq. ft." with "21,005 sq. ft." Condition #27 is amended to incorporate by reference: The applicant shall submit a detail from the chosen supplier for all bridges with all dimensions including footings. Approval of this modification request is contingent upon dismissal of all pending litigation by North Andover Land Corp. and release of all claims to the North Andover Conservation Commission and the Town of North Andover. Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands AMENDED 242-784 _ IPA Form 5 - order of Conditions 1 and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 737, X40 protection Bylaw. Rerordinq 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 Crder. 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 subiect to the Order of Conditions.The recording information shall be submitted to the NORTH ANDOVER Cance^✓aron Cam;^iss;on on the form below,which must be stamped by the Registry of Deeds. Detach on dotted line and submit to the Conservation Commission._ _ _ To: n •„mmrss;on w�tro L., 'ansa C i Please be advised that the Order of Conditions for the project at H7nreC Lac on 0£R file.,MtImoc- has been recorded at the Registry of Deeds of and has been noted in the chain of title of the affected property in Box Ps'C° in accordance with the Order of Conditions-issued on Gare If recorded land the instrument number which identifies this transaction is osaumecr Numce If registered land, the document number which identifies this transaction is 5,cme 'iumc� it Second Amendment to Order of Conditions Abbott Village Subdivision (DEP #242-784). The North Andover ConservationCommission at meeting on February 17, 1999 agreed to accept the following plans as a Modification to the Order of Conditions issued in file 9242-784 dated June 6, 1996: Plans Prepared By: Hayes Engineering Services,Inc. Entitled "Notice of Intent Plan-Abbott Village Estates" Sheet P95F3P51 DATED REV 2/9199 Entitled "Wetland Crossing at Sta. 9+Nutmeg Lane" DATED February 91, 1999 In addition, the following condition is hereby incorporated as part of the above referenced Order of Conditions: Condition#48: Prior to construction on those individual lots subject to jurisdiction by the North Andover Conservation Commission(NACC), and in order to obtain a representative sample of on-site groundwater conditions, ten(10)test pits shall be performed in the following locations: • Five (5)test pits on those lots fronting on Nutmeg Lane or Periwinkle Way; • Five (5)test pits on those lots fronting on Thistle Road. Each test pit shall be performed by a Certified Soil Evaluator(and witnessed by an Agent of the Commission) utilizing redoximorphic features to accurately determine soil conditions and seasonal high groundwater elevations. Upon receipt of this data, and prior to initiating construction on said lots,revised dry well plans (designed for a 100,;,year-storm event on each lot in question) shall be submitted to the Conservation Commission for review and subsequent approval, The Conservation Commission hereby rescinds the Order of Conditions dated March 3, 1999 and adopts, pursuant to the North Andover Wetlands Protection Bylaw,this Second Amendment to the Order of Conditions. 71705/NandM79 Massachusetts Department of Environmental Protection A Bureau of Resource Protection- Wetlands 16 WIPE Form 5 - Order o tionditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 137, X40 Protection Bylaw. Findings (cont.) This Order is valid for three years, unless otherwise specified On this as a special condition pursuant to General Conditions r$4, 16th from the date of issuance. June 16, 1999 day of June Oae Month 1999 This Order must be signed by a majority of the conservation commission.The Order must be mailed by certified mail red (retum 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 hislher free act and dead. IV ar Pudic6ecember 11, 2003 My comtmssivn er3rres G AllThis Order is issued to the applicant as follows: C1 by hand delivery on Cue ❑ by certified mail;return receipt requested. on Care Appeals The applicant, the owner, any person aggrieved by this Order, The request shall state clearly and concisely the objections to any owner of land abutting the land subject,t6\this Order, or the Order which is being.appealed and how the Order does not any ten residents of the dt;t or town in which'such land is contribute to the protecon of the interests identified in the located, are hereby notified of their right to request the Massachusetts Wetlands Protecion Act(M.G.L.c.131, §40 appropriate Depar-ument 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 extern that the Order is based on a municipal must be made by certified mail or hand delivery to the bylaw, and not on the Massachusetts Wetlands Protection Act Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has Appendix E: Request for Departmental Action Fee Transmittal no appellate jurisdiction. Form,as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the ccnsertauon commission and to the applicant, if ne!slhe is rot the appellant. ff x u a E ix, CN, A� t . P '..� o .Gi"° . /' • PJM\., 6 � ,.. . a .. l r l 1-71 4,�',jov ?" w 17 r , _,, ... i a ol 17 '� ' iV 4� 'J � P{�,e..+y i C .i� /r_ s'��'.� :a 9 ;J tea.• lyi- 1-7 *� !j .moi � � .� �yy�„4?•. r-� .,t „..,,�L � ��!-"�"��°vera � 'w.'L �'� ,r�• 4r a...•- i`"' _..d � .tel ADM• �.k LOLL i%— UPC,, z Coy f �e Town of North Andovervto Th pFt14:o rgA'y Office of the Conservation Department Community Development and Services Division William J.Scott,Division Director 27 Charles Street c►+us�` Brian LaGrasse P ( )978 North Andover,Massachusetts 01845 Telephone 688-9530 Conservation Administrator Fax(978)688-9542 Modification to Order of Conditions File No. 242-784 Project Address: lot 7 Abbott Village The NORTH ANDOVER CONSER A ONCO SSION at it's meeting on 2/7/01,agreed to accept P 1ooJ5 e��=A ACA ~M . _+e pl.. Loi "r 4.4ed I—It—too as a Modification to the Order of Conditions issued in File 242-784 dated f b pb and recorded in Book # Z�A and page _. Issued by the hTO�1. DOVER CONSERVATION COMMISSION: 4- z On this 7th day of February 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. JACKI BYERLEY Notary Public Not Public My Co �`UY res 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 242-784was recorded. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 c Town of North Andover , N°RT,, OFFICE OF ° ,. o , ,�° COMMUNITY DEVELOPMENT AND SERVICES ►- 146 Main Street .` North Andover Massachusetts 01845 ;.o=%•`,y �SSACHUS _ MODIFICATION TO ORDER OF CONDITIONS File No 242-784 Project• Lot 15 - Abbott Village The NORTH ANDOVER CONSERVATION COMMISSION at its meeting on June 21, 2000 agreed 3 to accept ff)06 1M p 1 / lune 1 dDCS as a Modification to the Order of Conditions issued in file # 242- 784 dated June 6, 1996 and recorded in Book 4248 and Page 14 164 Issued by the NORTH ANDOVER CO ON COMMISSION on this 21st day of June _2000 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 commissiofl Expires A receipt from the Regis dry.,. eat. Deeds must be submitted to this office showing that thisI �d .fication has been recorded and referenced to the Book and �agp• numbers where the original Order 242- 784 was recorded. yr $ .4i � o�2S-j '4] L:U(YJE__ 11CJly c66 Jul n�n< - oLJ�.i.IJ r Town ofNorth Andovert „ORT4 OFFICE OF a tia COMMUNITY DEVELOPMENT AND SERVICES a 3 146 Main Street North Andover Massachusetts 01845 -,. %•'`,5 ,S"ACHUS£t _ MODIFICATION TO ORDER OF CONDITIONS File No. 242-784 Project• Lot 16A AbbottVillage The NORn�i ANDOVER CONSERVATION COMMISSION at its meeting on June 21, 2000 agreed to accept (Y1Ad ieA 10 1n nS Dt y T,JnE �* 0000 as a Modification to the Order of Conditions issued in file IT 242- 784 dated June 6, 1996 and recorded in Book n 4248 and Page 164 Issued by the NORTH ANDOVER 0 VATION COMMISSION: On this 21st day of June .2000 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 sof ,DAeds must be submitted _ to this office showing that this Mod:i icaat .on has been recorded and referenced to the Book and Page numbers where the original Order 242- 784 was recorded. A'77rr 4 _,� 1 ; 33-i:1t ::ai.. F OJ�•..J. Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands ENDED 242-784 . WPA Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Findings (cont.) This Order is valid for three years,unless otherwise specified On this as a special condition pursuant to General Conditions#4, 19th from the date of issuance. May 19, 1999 day of Date May Month This Order must be signed by a majority of the conservation 1999 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 Albert P. Manzi, Jr. time to the appropriate regional office of the Department of Environmental Protection. to me known to be the person described in and who executed Signatures: the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Pubik December 11, 2003 my commission CYpireS This Order is issued to the applicant as follows: . ❑ by hand delivery on Dare _ ❑ by A?ifi*J mail,M9W4 € ,On May 20, 1999 Date Appeals The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to any owner of land abutting the land subject to this Order,or the Order which is being appealed and how the Order does not any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40 appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal must be made by certified mail or hand delivery to the bylaw,and not the Massachusetts Wetlands Protection Act Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has Appendix E: Request for Departmental Action Fee Transmittal no appellate jurisdiction. in 310 CMR 10.03 7 Form,as provided ( )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. Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands AMENDED 242-784 WPA Form 5 Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §4O protection Bylaw. a 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 shall be submitted to the NORTH ANDOVER Conservation 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: COnServabon Commission Please be advised that the Order of Conditions for the project at i-ogee t Location DEP file Number has been recorded at the Registry of Deeds of Counry and has been noted in the chain of title of the affected property in Book Page in accordance with the Order of Conditions-issued on Date if recorded land,the instrument number which identifies this transaction is Insaume.M Number If registered land,the document number which identifies this transaction is Doaiment Numbe Signature otAppiltant LEONARD KOPELMAN .KOPELMAN AND PAIGE, P. C. DAVID J. DONESKI DONALD G. PAIGE SANDRA M.CHARTON ELIZABETH A. LANE ATTORNEYS AT LAW (LANA M. QUIRK JOYCE FRANK PATRICIA A. CANTOR JOHN W. GIORGIO 31 ST. JAMES AVENUE JOHN R. HUCKSAM,`JR. BARBARA J. SAINT ANDRE THOMAS R LANE,JR. JOEL B. BARD BOSTON, MASSACHUSETTS 02116-4102 BRIAN W. RILEY EVERETT J. MARDER ROBERT PATTEN JOSEPH L. TEHAN,JR. MARK R. REICH ANNE-MARIE M. HYLAND (617)556-0007 MARY L. GIORGIO THERESA M. DOWDY FAX(617)654-1735 KATHLEEN E. CONNOLLY DEBORAH A. ELIASON CHRISTOPHER J. GROLL RICHARD BOWEN PITTSFIELD OFFICE MICHELE E.RANDAZZO. ( DARREN R. KLEIN 413)443.6100 EDWARD M. REILLY THOMAS W. MCENANEY JONATHAN M. SILVERSTEIN DIRECTOR WESTERN OFFICE NORTHAMPTON OFFICE TIMOTHY J. ERVIN (413)585.8632 KATHARINE 1. GORSE WILLIAM HEWIG III –.— - CHRISTOPHER J. POLLART JEANNE S. McKNIGHT WORCESTER OFFICE LISA V.WHELAN JUDITH C. CUTLER (508)752.0203 LAURA N. KLING KATHLEEN M.O'DONNELL GREGG J. CORSO May 10, 1999 AMANDA ZURETTI BY FACSIMILE- (617) 523-6215 Howard P. Speicher, Esq. RECEIVED Davis, Malm& D'Agostine One Boston Place MAY ' 1999 Boston, MA 02108-4470 NORTH ANDOVER CQNSERVATioN C6ii. lssK?!V Re: Abbott Village Subdivision(File#242-784) Second Amendment to Order of Conditions Dear Mr. Speicher: As we have previously discussed,the North Andover Conservation Commission is prepared to alter the form of its vote taken on February 17, 1999 approving certain modifications to the Order of Conditions for the Abbott Village subdivision and to rescind the March 3, 1999 Order of Conditions. As I have told you,it is not the Conservation Commission's intention to re- issue (or attempt to re-impose)an Order of Conditions containing conditions which have been previously deleted or altered by the Court or the Commission. Enclosed is a copy of a proposed"Second Amendment to Order of Conditions." Please review this proposed document at your earliest convenience and notify me if you have any comments. I understand that the Commission is prepared to adopt this Second Amendment at its meeting of May 19, 1999. Very truly yours, Jo B. Bard JBB/das Enc. cc: Conservation Commission: Town Manager 74890/Nand/0001 PRINTED ON RECYCLED PAPER + N Second Amendment to Order of Conditions Abbott Village Subdivision (DEP #242-784). The North Andover Conservation Commission at its meeting on February 17, 1999 agreed to accept the following plans as a Modification to the Order of Conditions issued in file #242-784 dated June 6, 1996: Plans Prepared By: Hayes Engineering Services,Inc. Entitled"Notice of Intent Plan-Abbott Village Estates" Sheet P95F3P51 DATED REV 2/9/99 Entitled"Wetland Crossing at Sta. 9+Nutmeg Lane" DATED February 9 `, 1999 In addition,the following condition is hereby incorporated as part of the above referenced Order of Conditions: Condition#48: Prior to construction on those individual lots subject to jurisdiction by the North Andover Conservation Commission(NACC),and in order to obtain a representative sample of on-site groundwater conditions,ten(10)test pits shall be performed in the following locations: • Five 5 test pits on those lots fronting on Nutmeg Lane or Periwinkle Way; • Five(5)test pits on those lots fronting on Thistle Road. Each test pit shall be performed by a Certified Soil Evaluator(and witnessed by an Agent of the Commission)utilizing redoximorphic features to accurately determine soil conditions and seasonal high groundwater elevations. Upon receipt of this data, and prior to initiating construction on said lots,revised dry well plans (designed for a 100-year-storm event on each lot in question) shall be submitted to the Conservation Commission for review and subsequent approval. The Conservation Commission hereby rescinds the Order of Conditions dated March 3, 1999 and adopts, pursuant to the North Andover Wetlands Protection Bylaw,this Second Amendment to the Order of Conditions. 71705/Nand/0079 310 Ci:rP 1C.99 Abbott Village Estates DEP F;b No. � 242-784 111 (lo I,vv—)l by DEVI y CIry,lown North Andover Commonwealth of MassachusettsNorth Andover Lande Corporation Ao6rlcant - AMENDED Order of Conditions Massachusetts Wetlands Protection Act O.L. c. 131 , §40 and under the Town of North Andover' s Bylaw Chapter 3. 5 From NORTH ANDOVER CONSERVATION COMMISSION To North Andover Land Corporation Same as applicant (Name of Applicant) (IJame of Arowerly ;,wll.,r) _ _33-Walker Roars - - -- North Andover MA 01845 Same as applicant Address Address Copy to: Hayes .Engineering, Inc. , 603 Salem St. , Wakefield, MA 01880 This Order is issued and delivered as follows: lrJ by hand delivery to applicant or representative on {dotel by certified mail, return receipt requested on Abbott Village Estates, Assessor's Map 38, Lot 189 fhis project is located at The properly is recorded at the Registry of ' r r Book . 4248 Pagp 164 Certificate (if registered) — The Notice of Inlenl for this project was filed on December 8, 1995 (date) May 15, 1996 (date) The public hearing was closed on E. Findings The North Andover Conservation Commission has review ed the above relnr?nced (jo1iCe of Intent and plans and has held a public hearing on the protect. Based on the rnformotron e,/arlaote to me NACC at this time.,Ihe has deterr,,lrred II171 the area on which the proposed work is to be done is sigrtirficorrt to ple loltovying interests in occorear)ce V,Ilh the Presumptions of Significance e1 orth in the regulations for each Area Su>,)ect to Prole-'r91l Under tt,e �h. Recreation Act (check as aploropriale): Ch. 178: Prevention of Erosion & Sedimentation Ch.178_X Wildlife ) bli_ water Supply Flood control C3La-nd corltarning shellfish Pu� rl.. Private water supply Storm damage prevenF)st,er estion � Protection of wildlife habitat Groundwater supply Prevention of pollution 00 State Share $4,76 .50 Ictal �I!InC:'Fee Cubmitted $9,�X60. i,_ rr.Ct'�.5 Cl .�� ) $4, 792.50 ( .,_ fee in 7 Cityr sewn Snare Stote Por 11011 5 Tcta! Pe!und Due S City(Town Portion S total) ('r7 total) c DEP FILE # 242 - 784 FINDINGS OF FACT The applicant has filed with the North Andover Conservation Commission (NACC) under the Limited Project Provision of the Massachusetts Wetland Protection Act (310 CMR 10.53(3)(e)). These provisionsaredesigned to provide the issuing authority with the discretion to allow certain work to proceed although the work may not meet the performance standards set forth in 310 CMR 10.54 through 10.57. These provisions merely provide the discretion to permit these projects and the authority to impose conditions which,in addition to those set forth in the applicable portion of 310 CMR 10.53(3), the issuing authority determines are necessary to adequately protect the interests of the Massachusetts Wetland Protection Act. The issuing authority is not r2quired to give approval to all projects filed under this provision. The purpose of 310 CMR 10.53(3)(e)-is to allow projects in-which wetlands will _ be crossed with a new roadway to provide access to otherwise unreachable upland areas. The NACC must determine whether it is appropriate to grant an exception from the provisions of Section 10.54 through 10.57. This provision does not preclude the possibility of more than one wetland crossing in certain circumstances, such as where an applicant is developing a very large parcel of land and the Planning Board has rewired, after a review of alternatives as discussed above, the applicant to provide multiple access points into the property. Thus after a careful review of the facts presented herein, the NACC finds that: • the wetland crossings at multiple points on Nutmeg Lane are approved and the performance standards, as conditioned herein,are satisfied; • the Planning Board has not required the Thistle Road wetland crossing at Station 14 + 60; • approval under 310 CMR 10.53(3)(e) is discretionary and "maximum build ouf' of a property is not a requirement with which the NACC must comply with. The NACC does not support unnecessary or unjustified wetland alteration for the purposes of maximizing development within a parcel. The applicant has proposed a 45 lot subdivision; deixying the Thistle Road wetland crossing eliminates 5 lots. The NACC is justified in denying this crossing and preserving the integrity of the Act and ByLaw while"preserving the Applicant's right and opportunity to sufficiently develop the land(40 dots) and meet the performance standards herein. Therefore, the North Andover Conservation.Ccafnimission (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 CAWinword100C\242-784.doc i- NACC 6/6/96 DEP FILE # 242 - 784 conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 3,- This Order does-not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this order. 5. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least 30 days p prior to the expiration date of the Order (Refer to Section 8, Paragraph B of the North Andover Wetland Regulations). 6. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shallbe a party to all agency proceedings and hearings before the Department 7. The proposed work includes: Construction of a<45 lot subdivision with associated driveways,,roadways,utilities, storm water management areas and grading. Three (3) wetland crossings associated with roadway construction were proposed by the applicant. 8. 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: North Andover.-Land Corporation 33 Walker Road North Andover, MA 01845 dated 12/8/95 Plans prepared by: Hayes Engineering, Inc. C:11Winword\00C\242-784.doc 2 NACC 6/6/96 DEP FILE # 242 - 784 ` entitled"Notice of Intent Plan" SHEETS 1 through 4 dated REV 5/8/96 entitled"Detail Sheet" dated REV 5/6/96 entitled"Wetland Crossing Details" dated REV 5/6/96(NOTE:i-t Sheet) entitled"Wetland Crossing Details dated REV 5/6/96(NOTE:2-d Sheet) entitled"Detail Sheet" dated REV 5/8/96 -- 9. The following wetland resource areas are affected by the proposed work: buffer zone (as regulated under the ByLaw and/or Act),bank, land under water (LUNE, bordering land subject to flooding (BLSF),freshwater wetland (as regulated under the ByLaw, and bordering vegetated wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the ByLaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated REV 5/8/96 and as otherwise referenced above. Prior to the issuance of a Certificate of Compliance, the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 11. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding or storm damage. 12. 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. 13. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site to construct single family homes and associated appurtenances will cause further alteration,of the wetland resource areas. In order to prevent any alteration of wetland resource areas beyond those proposed in the Notice of Intent (NOD and approved herein, 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 C:\Winword\00C\242-784.doc 3 NACC 6/6/96 DEP FILE 9 242 - 784 exce t for the purposes of installing decks on Lots 26 (40'), 28 (43'), 29 (42') and 31 (47) and all approved wetland crossings. "Level Spreaders" and other storm water management areas depicted within 25' of adjacent BVWs are authorized, however, the applicant shall refer to the plan(s) of record for specific setbacks. All single family homes shall be at least 50' from the limit of every wetland resource area as approved and described herein. All roadway construction, driveway construction,utility installation and all grading associated with these tasks shall be at least 25'from the limit of on-site wetland resource areas as approved and described herein. The conservation administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw. No disturbance of existing grade, soils or vegetation is permitted in the no- disturbance zone. (See Appendix 5 of the local Regulations). 14. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before a Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 15. The NACC approves the following wetland crossing(s)/alteration as depicted on the plans referenced herein: Nutmeg Lane at Station 17+ 25'(4,440 sq.ft alteration:8,880 sq.ft. replication NOTE: this crossing involves local wetlands only.); • 12" wide x 30' long outlet control structure (50 sq.ft.:75 sq.ft.); • Nutmeg Lane at Station 9 + 25 (1,750 sq.ft.:3,500 sq.ft.) The NACC denies the following wetland crossing(s)/alteration as depicted on the plans referenced herein: • Thistle Road-at'Station 14 + 60 (2,170 sq.ft.:4,340 sq.ft); (l v • All driveway crossings. Summary; Total Wetland Alteration Proposed STATE 3,970 s ft of BVW P ( ) q �Itk ` _ t Total Wetland Alteration Approved (STATE) = 1,800 sq. ft of BVW Total Wetland Alteration Propose (LOCAL) = 4,440 sq. ft of freshwa er wetland (FW) Total Wetland Alteration Approved (LOCAL) = 4,440 sq. ft of FW Total Wetland Replication Required = 1 sq- t of combined BVW/FW 16. ANY FUTURE PROJECT WHICH PROPOSES A WETLAND CROSSING IN ORDER TO ACCESS CERTAIN PORTIONS OF THE PROPERTY WILL NOT C:\WinWord\000\242-794.doc 4 - NACC 6/6/96 DEP FILE # 242 - 784 BE QUALIFIED AS A LIMITED PROJECT ROADWAY UNDER 310 CMR 10.53(e). 17. The NACC finds 12,455 sq. ft. of wetland replication 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 VI(E), Wetland Replacement or Restoration, of the"Wetland Regulations for the Town of North Andover" (page 13) for performance standards. In addition, refer to the wetland replication plan and report referenced herein. 18. The sewer lines on the site shall be tested for water tightness in accordance with North Andover DPW standards. SUBDIVISION LOT DEVELOPMENT 19. Lots numbered 32, 33, 34, 35 and 36 shall not be built upon as configured. 20. The lots on which wetland replication areas are proposed shall not be developed for residential construction until after the NACC has approved the completed wetland replication areas. 21. The NACC shall be notified in writing of any lot line or number changes with a copy of a plan showing these changes prior to any work on these lots. PRIOR TO CONSTRUCTION 22. 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. 23. 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. C:\Winword\000`,242-784.doc S NACC 6/6/96 DEP FILE # 242 - 784 24. 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 242-784' 25. 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 impact. 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. 26. The applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor's written contract. 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. 27. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 28. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that erosion control measures can be properly placed and wetland impacts can monitored. c,. 29. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier wig be properly installed and placed as depicted on the plans 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 erosions All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. C:\Winword\C0C`a42-784.doc 6 NACC 6/6/96 DEP FILE # 242 - 784 30. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 75 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. 31. A check payable to the Town of North Andover shall be provided in the amount of$143,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasure before commencement of work. Said bond or deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provision, satisfactory to the NACC,has been made fair performance of any conditions which are of continuing nature. The applicant may propose a bond 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. DURING CONSTRUCTION 32. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. In addition, an Environmental Monitor with demonstrated experience in wetland science shall be assigned to the project and subsequently approved by the Conservation Administrator. The Environmental Monitor shall be responsible for: • Responsible for monitoring sedimentation/erosion control throughout the site weekly and, where applicable, directing the applicant to repair and/or replace haybales and silt fence. NOTE: All silt fence must be trenched and all haybales must be staked; r. • Responsible for monitoring impacts to wetland resource areas. Impacts include siltation, disturbance of vegetation and/or grade,turbidity impacts at crossing, on-site and off-site drainage impacts and improper disposal of building debris; • Responsible for monitoring impacts.to buffer zones. Impacts include alteration of the 25' No-Disturbance Zone and encroachment into the 50' No-Construction Zone (unless otherwise authorized under DEP #242-784 or future filings); C:1Winword1000\242-784.doc 7 NACC 616196 DEP FILE # 242 - 784 Responsible for reviewing and understanding all Order of Conditions issued for the project; • The Environmental Monitor must be on-site throughout the duration of the wetland crossing(s) and insure that BMP's are being followed and the Order of Conditions carried out accordingly; • A Wetland Biologist and/or the Environmental Monitor will supervise excavation of the proposed replication areas, verify that the proper hydrology has been established, plant the approved wetland vegetation list, install proper sedimentation/erosion control and submit status report's twice a year. The Environmental Monitor is responsible for monitoring sedimentation/erosion control around such area on a monthly bans; _ • As required under CONDITION #32: "The Environmental Monitor shall be assigned by the applicant to insure compliance with this Order of Conditions. Uponbeginning work, the Environmental Monitor shall submit written progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. Weekly inspections of sedimentation/erosion control shall be an on-going duty of the Environmental Monitor as well as maintaining wetland flagging....said progress reports shall be submitted at the following minimum frequency: 1) Once per week until construction activities associated with wetland alterations as approved herein are complete; 2) Once every month after above is complete and until the roadway system is complete to binder grade; 3) Bi-monthly thereafter until completion; 33. 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. c.. 34. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 35. No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. ' 36. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. CAWinword\00C\242-784.doc 8 NACC 6/6/96 DEP FILE # 242 - 784 37. After proper grading, all disturbed areas locatedwithin 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. 38. Washings from concrete trucks, or surplus concrete,shall not be directed to, any drainage system, or wetland resource area. 39. 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 shallee 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. 40. Accepted engineering and construction standards and procedures shall be followed In the completion of the project 41. Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate and/or effect compliance with this Order of Conditions. The NACC reserves the right to require, following field inspection, additional information or resource protection measures. 42. 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. r, AFTER CONSTRUCTION 43. No underground storage of fuel oils shallbe 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 theTown'.s Wetland protection Bylaw. 44. Fertilizers utilized for landscaping and lawn care shall be organic and low- nitrogen content, and shall be used in moderation. Pesticides and herbicides C:\WinWord\00042-794.doc 9 NACC 6/6/96 DEP FILE 4 242 - 784 ' shall not be used within 100 feet of a wetland resource area. This condition zs issued under the authority of the Town's Wetland Protection ByLaw. 45. 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. 46. Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineer and Land Surveyor certifying compliance with this Order of Conditions and the approved plans referenced herein (or approved revisions). Certification includes, but is not limited to, verification that the limit of work coincides with the approved "NO-DISTURBAN"'E j NO-BUILD" zones. A letter from a qualified wetland scientist certifying compliance with local/state regulations is also required for the Wetland Replication Areas. A stamped "As-Built" topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and ByLaw shall be submitted when a Certificate of Compliance is requested. This plan will include: a) "As-Built" elevations of all drainage structures constructed within 100 feet of any wetland resource area; b) "As-Built" elevations and grades of all filled or altered wetland resource areas; c) Distances from structures to wetland resource areas. Structures include, but are not limited to, septic systems, stone walls, retaining walls, and approved decks; d) A line showing the limit of work. "Work" includes any disturbance of soils ~ or vegetation; c. e) Location of all subsurface utilitiesenteringthe property; f) Location,af existing erosion controls; g) Furthermore, the following information must be submitted to the NACC when requesting a Certificate of Compliance: • The name and address of the current landowner; C\Winword\OOC\242-784.doc 10 NACC 6/6/46 i DEP FILE# 242 - 784 • The name and address of the individual/trust or corporation to whom the compliance is to be granted; • The street address and assessor's map/parcel number for the project; • The DEP file number; • A statement certifying compliance with the Order of Conditions and approved plans. 47. 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 #242-784. Future work-within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw; { • Maintenance of catch basins; • Limited Project Provision; • Discharge or spillage of pollutants; • Prohibition of storage of fuels underground; • Limitations on the use of fertilizers,herbicides and pesticides. c. C:\Winword\00C'242-794.doc 11 NACC 6/6/96 _,A_1-bott Village Estates 242-784 Issued By North Andover Conservation Commission Signature(s) di At VV V l � n 1 Commission. This Order must be signed by a majority of the Consery t o On this 6th day of June 19 96 before me George L. Reich to known to be the i perscrtally appeared _ . _ -- VIL person desc-lbed in and who executed the foregoing instrument and acknowledged that'tre.1-irl`executed the same as hislt Wr free act and deed. I March 22, 2002 Donna Mae D gata Notary Public My commission expires The accucam ine owner. any person aggneved by this Order,any owner of land abutting the land upon which the oropesed work is to be cone.or any ten residents of the city or town in wrtich sucndand is located.are hereby notified of ineir ngnt to reduestine Department of Environmental Protection to issue a Superseding Order, providing the reduesi is made by certified mail or hand delivery to the Deoanment. with the appropriate filinc fee and Fee Transminal Form as provided in 310 CMR 10.03(7),within ten days from the date of issuance of ints Determination.A copy of the request shall at the same time be sent by certified mail or handoewery to the Conservation Commission and the applicant. If you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court. A RECEIPT FROM THE REGISTRY OF DEEDS MUST BE SUBMITTED TO THIS OFFICE SHOWING THAT THIS ORDER OF CONDITIONS HAS BEEN RECORDED AT THE NORTH ESSEX REGISTRY OF DEEDS. , Detach on dotted line and submit to the North Andover Conservation Comm• prior to commencement of work. 120 Main Street, No Andover M „ AOI845................................................. To North Andover Conservation Commission :ssu:ngAWnoruv Please be adv sed that the Order of Conditions for the projectt Abbott V1 1 age FG*atPG 242— 784Deeds Essex North District and ;:-Ie Number nas been recorded at the Reoisry of rias been nolRG in ine Cnain of tite of the atfeCted property in accorcanceWdnGeneral Condition ition on 1 9 If recorcec-ianc. the insrumen: numoer wntcn idenpfles.mis catuacaon is It regiziierec land. ine cocurnent numoer wnich identifies ants transaction.is Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands AMENDED WDA Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. c Findings (cont.) This Order is valid for three years,unless otherwise specified On this as a special condition pursuant to General Conditions#4, 3rd from the date of issuance. March 3, 1999 day of March Dare Monrh 1999 This Order must be signed by a majority of the conservation commission.The Order must be mailed by certified mail Y` (return receipt requested)or hand delivered to the applicant, before me personally appeared A copy also must be mailed or hand delivered at the same Albert P. Manzi, Jr. time to the appropriate regional office of the Department of Environmental Protection. to 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. Notay Pudic UV December 11, 2003 My commission expel This Order is issued to the applicant as follows: by hand delivery on Date J XXX by certified mail,return receipt requested,on March 8, 1999 Date LI ADDeals The applicant,the owner, any person aggrieved by this Order, The request shall state clearly and concisely the objections to any owner of land abutting the land subject to this`,,Order,or the Order which is being appealed and how the Order does not any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the located, are hereby notifed of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40 appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has Appendix E: Request for Departmental Action Fee Transmittal no appellate jurisdiction. Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the rea,uest shall at the same time be sent by certified mail or hand delivery to the conservation commission and to the applicant, if he/she is not the appellant. n n A ni C l Massachusetts Department of Environmental Protection �c��Z Bureau of Resource Protection- Wetlands WPA Fora 5 - Order© tonditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Findings (cont.) This Order is valid for three years, unless otherwise specified On this as a special condition pursuant to General Conditions#4, 16th from the date of issuance. June 16, 1999 day of June Dale tworyh 1999 This Order must be signed by a majority of the conservation ar commission.The Order must be mailed by certified mail Y` (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. Nof Pblic Deceumber 11, 2003 ,wy commission erpires G This Order is issued to the applicant as follows: ❑ by hand delivery on Date ❑ by certified mail,return receipt requested,on Date LA Appeals The applicant,the owner, any person aggrieved by this Order, The request shall state clearly and concisely the objections to any owner of land abutting the land subject,to this Order,or the Order which is being appealed and how the Order does not any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40 appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has Appendix E: Request for Departmental Action Fee Transmittal no appellate jurisdiction. Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commission and to the applicant; if he/she is not the appellant. Third Amendment to Order of Conditions Abbott Village Subdivision (DFP #242-784). The North Andover Conservation Commission at its meeting on June 16, 1999 agreed to accept the following plans as a Modification to the Order of Conditions issued in file #242-784 dated June 6, 1996: Plans Prepared By: Hayes Engineering Services, Inc. Entitled "Notice of Intent Plan -Abbott Village Estates-, North Andover, Mass." Dated December 4, 1995 with revisions through June 7, 1999 The letter to the Conservation Commission dated June 9, 1999 from Hayes Engineering, Inc. and its enclosure are incorporated by reference into this Amendment and attached hereto. In addition, the following changes are hereby incorporated by reference: Condition #15 is deleted and replaced with the following: Condition #15: The NACC approves the wetlands crossings and alterations as shown on the Revised plans, contingent on construction of all of the replications shown on said plan. Condition #16 is deleted (previously annulled by the Land Court). Condition #19 is deleted (previously annulled by the Land Court). Condition #17 is amended to replace the number "12,455 sq. ft." with "21,005 sq. ft." Condition #27 is amended to incorporate by reference: The applicant shall submit a detail from the chosen supplier for all bridges with all dimensions including footings. Approval of this modification request is contingent upon dismissal of all pending litigation by North Andover Land Corp. and release of all claims to the North Andover Conservation Commission and the Town of North Andover. Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands AMENDED WPA Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §4O Protection Bylaw. U- Findings (cont.) This Order is valid for three years,unless otherwise specified On this as a special condition pursuant to General Conditions#4, 3rd from the date of issuance. March 3, 1999 day of March Date With This Order must be signed by a majority of the conservation 1999 commission.The Order must be mailed by certified mail Y�r (return receipt requested)or hand delivered to the applicant. before me personally appeared A copy also must be mailed or hand delivered at the same Albert P. Manzi, Jr. time to the appropriate regional office of the Department of Environmental Protection. to me known to be the person described in and who executed Signatures: the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. av way Public December 11, 2003 My coindssion expires This Order is issued to the applicant as follows: 1, p by hand delivery on XU by certified mail,return receipt requested,on March 8, 1999 Dace Appeals The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to any owner of land abutting the land subject to this Order,or the Order which is beim appealed and how the Order does not any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40 appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR Office to issue a Superseding Order of Conditions,The request 10.00).To the extent that the Order is based on a municipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction. Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commission and to the applicant, if he/she is not the appellant. 310 cj'.,r; 10.99 Abbott Village Estates rOr r1 5 DEP F;b 14o• I 242-784 (lo I- by UEI') .- Commonwealth Ciry.lown North Andover ` = North Andover Lande Corporation — P o� r`�12ssC..husells _ aool�car�t AMENDED Order of Conditions Massachusetts Wetlands Protection Act C.L. c. 131 , §40 and under the Town of North Andover' s Bylaw Chapter 3. 5 From NORTH ANDOVER CONSERVATION COHNISSION To North Andover Land Corporation Same as applicant (Name of Applicant) (14ame of property - I _33--Walker Roars North Andover MA 01845 Same as applicant Address Address Copy to: Eayes .Engineering, Inc. , 603 Salem St. , Wakefield, MA 01880 This Order is issued and delivered as 10110v+s: � y (dale) 2 hand delivery to applicant or representative on / �. b y �' (dote) by certified mall, r� rn receipt requested on Abbott Village Estates, Assessor's Map 38, Lot 189 fh1., project J r ect is located at The property is recorded at the P,egistry of T r - Bock . 4248 Pace 164 Certificate (if rec stered) The Notice of Intent for this project was filed on .December 8, . 1995. (da le) ' 199b , 1 May 5, (dale) The public hearing was closed on Findings The North Andover Qonservation Commission has reviewed the above-[efere"ced 141011cE? 0i Intent and plans and has held a public hearing on the pro)ect. Based on the Information avarlaole ie the NACC at this time. the S1L1UE _ - has delermwed Ihnt the area on which the prcccfed work is to be done is significant 10 dile followinu infer?sts in occorCnfl=e v.'It' the Presumptions of Significance Cel�orlh in the req uta;rons 'or each Area S,uhlect to Protec:rg11 LInder lite C�;. -1 i _X. Recreation Act (check as apGroGriate): Ch. 178: �( Prevention of Erosion & Sedimentation Ch. 178 Wildlife Public water s.,pply Flood control ❑ Lnnd contarni11g shelilish f� Storm damage prevention fisheries y4 Private water -;gyp y [ Prolecti0,} of wildhle habiLt Grcund water supply Prevention of poliutlorl Total Filing Fee Submitted $9,560.00 State Sharr> $4,.767.5_0 _�---- $479250 ('._ {er. rn nxxccs.s of 0 01 City/ioven , . Sha-e State Por 11011 S Total Refund Due c City!Town Portion S ('i: total) ('n 101al) r DEP FILE # 242 - 784 FINDINGS OF FACT The applicant has filed with the North Andover Conservation Commission (NACC) under the Limited Project Provision of the Massachusetts Wetland Protection Act (310 CMR 10.53(3)(e)). These provisions are designed to provide the issuing authority with the discretion to allow certain work to proceed although the work may not meet the performance standards set forth in 310 CMR 10.54 through 10.57. These provisions merely provide the discretion to permit these projects and the authority to impose conditions which, in addition to those set forth in the applicable portion of 310 CMR 10.53(3), the issuing authority determines are necessary to adequately protect the interests of the Massachusetts Wetland Protection Act The issuing authority is not required to 'give approval to all projects filed under this provision. Thi;purpose of 310 CMR 10.53(3)(e)-is to allow projects in which wetlands will _ be crossed with a new roadway to provide access to otherwise unreachable upland areas. The NACC must determine whether it is appropriate to grant an exception from the provisions of Section 10.54 through 10.57. This provision does not preclude the possibility of more than one wetland crossing in certain circumstances, such as where an applicant is developing a very large parcel of land and the Planning Board has required, after a review of alternatives as discussed above, the applicant to provide multiple access points into the property. Thus after a careful review of the facts presented herein, the NACC finds that: • the wetland crossings at multiple points on Nutmeg Lane are approved and the performance standards, as conditioned herein, are satisfied; • the Planning Board has not required the Thistle Road wetland crossing at Station 14 + 60; • approval under 310 CMR 10.53(3)(e) is discretionary and "maximum build out" of a property is not a requirement with which the NACC must comply with. The NACC does not support unnecessary or unjustified wetland alteration for the purposes of maximizing development within a parcel. The applicant has proposed a 45 lot subdivision; dexying the Thistle Road wetland crossing eliminates 5 lots. The NACC is justified in denying this crossing and preserving the integrity of the Act and ByLaw while,preserving the Applicant's right and opportunity to sufficiently develop the land (40 lots) and meet the performance standards herein. Therefore, the North Andover Conservation.Coinmission(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 CAWinword\00C%242-794.doc 1 NACC 6/6/96 DEP FILE # 242 - 784 conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 3, -. This Order does-not relieve the permittee or.any outer person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this order. 5. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least 30 days prior to the expiration date of the Order (Refer to Section 8, Paragraph B of the North Andover Wetland Regulations). 6. 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 7. The proposed work includes: Construction of a 45 lot subdivision with associated driveways,roadways,utilities, storm water management areas and grading. Three (3) wetland crossings associated with roadway construction were proposed by the applicant 8. 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: North Andover.-Land Corporation 33 Wa&erRoad North Andover, MA 01845 dated 12/8/95 Plans prepared by: Hayes Engineering, Inca CAWinword\00C\242-784.dcc 2 NACC 6/6/96 DEP FILE # 242 - 784 entitled"Notice of Intent Plan" SHEET'S 1 through 4 dated REV 5/8/96 entitled"Detail Sheet" dated REV 5/6/96 entitled"Wetland Crossing Details" dated REV 5/6/96(NOTE:19t Sheet) entitled"Wetland Crossing Details dated REV 5/6/96(NOTE:2nd Sheet) entitled"Detail Sheet dated REV 5/8/96 9. The following wetland resource areas are affected,by u►e proposed work: buffer zone (as regulated under the Bylaw and/or Act),bank,land under water (LUW), bordering land subject to flooding (BLSF),freshwater wetland (as regulated under the ByLaw), and bordering vegetated wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the ByLaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans.dated REV 5/8/96 and as otherwise referenced above. Prior to the issuance of a Certificate of Compliance,the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 11. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding or storm damage. 12. 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. 13. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site to construct single family homes and associated appurtenances will cause further alteration.of the wetland resource areas. In order to prevent any alteration of wetland resource areas beyond those proposed in the Notice of Intent (NOD and approved herein, 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 CAWinword\00C1242-784.doc 3 NACC 6/6/96 DEP FILE # 242 - 784 on Lots 26 40 28 43' , 29 42 ' stallin decks ( ) ( '� except for the purposes of irc g ( � and 31 (47 ) and all improved wetland crossings. Level Spreaders and other storm water management areas depicted within 25' of adjacent BVWs are authorized, however, the applicant shall refer to the plan(s) of record for specific setbacks. All single family homes shall be at least 50' from the limit of every wetland resource area as approved and described herein. All roadway construction, driveway construction, utility installation and all grading associated with these tasks shall be at least 25'from the limit of on-site wetland resource areas as approved and described herein. The conservation administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw. No disturbance of existing grade, soils or vegetation is permitted in the no disturbance zone. (See Appendix 5 of the local Regulations). 14. All catch basins shall contairi oil/gasoline traps, and it shall be a continuing condition of this order,even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before a Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 15. The NACC approves the following wetland crossing(s)/alteration as depicted on the plans referenced herein: • Nutmeg Lane.at Station 17.+25 (4,440 sq.ft alteration:8,880 sq.ft. replication NOTE: this crossing involves local wetlands only.); • 12" wide x 30' long outlet control structure (50 sq.ft.:75 sq.ft.); • Nutmeg Lane at Station 9+ 25_(1,750 sq.ft.:3,500 sq.ft.) The NACC denies the following wetland crossing(s)/alteration as depicted on the plans referenced herein: ,,1� • Thistle Road at Station 14 + 60 (2,170 sq.ft:4,340 sq.ft.); f b • All driveway crossings. E `a Summary: Total Wetland Alteration Proposed STATE 3,970 s . ft of BVW p ( ) q �Itk `! Total Wetland Alteration Approved(STATE)= 1,800_s_ ft of BVW ___ _ Total Wetland Alteration Prop d(LOCAL) = 4,440 sq. ft. of freshwa er wetland (FW) Total Wetland Alteration Approved (LOCAL) = 4,440 sq. ft. of FW Total Wetland Replication Required = 12,455 sq. °k of combined BVW/FW 16. ANY FUTURE PROJECT WHICH PROPOSES A WETLAND CROSSING IN ORDER TO ACCESS CERTAIN PORTIONS OF THE PROPERTY WILL NOT CAWinword\C0C\242-784.doc 4 NACC 6!6/96 DEP FILE # 242 - 784 BE QUALIFIED AS A LIMITED PROJECT ROADWAY UNDER 310 CMR 10.53(e). 17. The NACC finds 12,455 sq.ft. of wetland replication 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 VI(E), Wetland Replacement or Restoration, of the "Wetland Regulations for the Town of North Andover" (page 13) for performance standards. In addition, refer to the wetland replication plan and report referenced herein. 18. The sewer lines on the site shall be tested for water tightness in accordance with North Andover DPW standards.. - SUBDIVISION LOT DEVE'i.OPMENT 19. Lots numbered 32, 33, 34,35 and 36 shall not be built upon as configured. 20. The lots on which wetland replication areas are proposed shall not be developed for residential construction until after the NACC has approved the completed wetland replication areas. 21. The NACC shall be notified in writing of any lot line or number changes with a copy of a plan showing these changes prior to any work on these lots. PRIOR TO CONSTRUCTION 22. 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. 23. 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 FinalOrder 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. C:\Winword\00C1,242-784.doc 5 NACC 6/6/96 DEP FILE # 242 - 784 24. 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 242-784". 25. 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 wet and i.nipa`ts. If any such changes occur a revised plan and an. e-Xplanation of the revisions shall be submitted to the NACC for -.- review and approval prior to the start of construction. No work shall begin t:, on a project until written approval has been granted by the NACC. 26. The applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor's written contract. 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. 27. The applicant shall submit a construction schedule/sequence totheNACC detailing the proposed sequence of work on site to complete this project 28. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that erosion control measures can be properly placed and wetland impacts can be monitored: c 29. A row of staked hay bales hacked by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier wfh be properly installed and placed as depicted on the plans referenced herein and shall be inspected and approved by the NACC prior to the start o flconstruction 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. C:\Winword`,00C\242-784.dcc 6 NACC 6/6/96 DEP FILE # 242 - 784 30. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 75 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. 31. A check payable to the Town of North Andover shall be provided in the amount of$143,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasure before commencement of work. Said bond or deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provision,satisfactory to the NACC,has been made for performance of any conditions which are of continuing nature. The applicant may propose a bond 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. DURING CONSTRUCTION 32. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. In addition,an Environmental Monitor with demonstrated experience in wetland science shall be assigned to the project and subsequently approved by the Conservation Administrator. The Environmental Monitor shall be responsible for: • Responsible for monitoring sedimentation/erosion control throughout the site weekly and, where applicable, directing the applicant to repair and/or replace haybales and silt fence. NOTE: All silt fence must be trenched and all haybales must be staked; r. • Responsible for monitoring impacts to wetland resource areas. Impacts include siltation, disturbance of vegetation and/or grade, turbidity impacts at crossing, on-site and off-site drainage impacts and improper disposal of building debris; • Responsible for monitoring impacts to buffer zones. Impacts include alteration of the 25' No-Disturbance Zone and encroachment into the 50' No-Construction Zone (unless otherwise authorized under DEP #242-784 or future filings); C:\Winword\OOC`,242-784.doc 7 NACC 6/6/96 DEP FILE # 242 - 784 r • Responsible for reviewing and understanding all Order of Conditions issued for the project; • The Environmental Monitor must be on-site throughout the duration of the wetland crossing(s) and insure that BM7s are being followed and the Order of Conditions carried out accordingly; • A Wetland Biologist and/or the Environmental Monitor will supervise excavation of the proposed replication areas, verify that the proper hydrology has been established, plant the approved wetland vegetation list, install proper sedimentation/erosion control and submit status report's twice a year. The Environmental Monitor is responsible for monitoring sedimentation/erosion control around such area on a monthly basis; • As required under CONDITION #32:"The Environmental Monitor shall to insure compliance with this Order of be assigned b the applicant ul g Y PP P Conditions. Upon beginning work, the Environmental Monitor shall submit written progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. Weekly inspections of sedimentation/erosion control shall be an on-going duty of the Environmental Monitor as well as maintaining wetland flagging....said progress reports shall be submitted at the following minimum frequency: 1) Once per week until construction activities associated with wetland alterations as approved herein are complete; 2) Once every month after above is complete and until the roadway system is complete to binder grade; 3) Bi-monthly thereafter until completion; 33. 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. c 34. No exposed area shall remain unfinished for more than thirty (34) days, unless approved by the NACC. 35. No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontals vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 36. There shall be no stockpiling of soil or other materials within tNventy-five (25) feet of any resource area. CAWinword\00C\242-784.doc 8 NACC 6/6/96 DEP FILE # 242 - 784 37. After proper grading, all disturbed areas located within a resource area g 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. 38. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 39. 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 wase 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. 40. Accepted engineering and construction standards and procedures shall be followed In the completion of the project 41. Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate and/or effect compliance with this Order of Conditions. The NACC reserves the right to require, following field inspection, additional information or resource protection measures. 42. 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. c AFTER CONSTRUCTION 43. 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 pf Conditions, and shall run with the title of the property. This condition is issued under the authority,of the Towns Wetland protection ByLaw. 44. Fertilizers utilized for landscaping and lawn care shall be organic and low- nitrogen content, and shall be used in moderation. Pesticides and herbicides C:\WinWord\OOC\242-784.doc 9 NACC 6/6/96 DEP FILE # 242 - 784 shall not be used within 100 feet of a wetland resource area. This condition is issued under the authority of the Town's Wetland Protection ByLaw. 45. 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. 46. Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineer and Land Surveyor certifying compliance with this Order of Conditions and the approved plans referenced herein (or approved revisions). Certification includes, but is not limited to, verification that the limit of work coincides with the approved "NO-DISTURBAN1C'E j N1,) BUILD zones. A letter from a qualified- wetland scientist certifying compliance with local/state regulations is also required for the Wetland Replication Areas. A stamped "As-Buil' topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and ByLaw shall be submitted when a Certificate of Compliance is requested. This plan will include: a) "As-Built" elevations of all drainage structures constructed within 100 feet of anv wetland resource area; b) "As-Built" elevations and grades of all filled or altered wetland resource areas; c) Distances from structures to wetland resource areas. Structures include, but are not limited to, septic systems, stone walls, retaining walls, and approved decks; d) A line showing the limit of work. "Work" includes any disturbance of soils or vegetation; r. e) Location of all subsurface utilities entering the property; f) Location,of existing erosion controls; g) Furthermore, the following information must be submitted to the NACC when requesting a Certificate of Compliance: • The name and address of the current landowner; CAWinw0rd\0OC\242-784.doc 10 NACC 6/6/96 II DEP FILE # 242 - 784 • The name and address of the individual/trust or corporation to whom the compliance is to be granted; • The street address and assessors map/parcel number for the project; • The DEP file number; • A statement certifying compliance with the Order of Conditions and approved plans. 47. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project • 25' No-Disturbance Zane and a 50' No-C onstruction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-784. Future work-within 100' of existing wetland resource areas will require a separate filing with the NACU(refer to Section XI (page 18) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; • Maintenance of catch basins; • Limited Project Provision; • Discharge or spillage of pollutants; • Prohibition of storage of fuels underground; Limitations on the use of fertilizers, herbicides and pesticides. C:\Winword\OOC\242-784.doc 11 NACC 6/6/96 The North Andover Conservation Commission at its meeting on February 17, 1999 agreed to accept the following plans as a Modification to the Order of Conditions issued in file #242-784 dated June 6, 1996: Plans Prepared By: Hayes Engineering Services, Inc. Entitled "Notice of Intent Plan Abbott Village Estates" Sheet P95 F3 P51 DATED REV 2/9/99 Entitled "Wetland Crossing at Sta. 9 + 25 Nutmeg Lane" DATED February 9`h, 1999 In addition, the following condition is hereby incorporated as part of the above referenced Order of Conditions: Condition #48: Prior to construction on those individual lots subject to jurisdiction by the North Andover Conservation Commission (NACC), and in order to obtain a representative sample of on-site groundwater conditions, ten(10)test pits shall be performed in the following locations: • Five(5)test pits on those lots fronting on Nutmeg Lane or Periwinkle Way; • Five(5)test pits on those lots fronting on Thistle Road. Each test pit shall be performed by a Certified Soil Evaluator (and witnessed by an Agent of the Commission) utilizing redoximorphic features to accurately determine soil conditions and seasonal high groundwater elevations. Upon receipt of this data,and prior to initiating construction on said lots, revised dry well plans (designed fora 100 year storm event on each lot in question) shall be submitted to the Conservation Commission for review and subsequent approval. A>,bott Village Estates 242-784 r Issued Sy North Andover Conservation Commission Signature(s) /17 TVl � This Orcer must be signed by a majority of the Conserytion Commission. On this 6th day of June 19 96 before me ersor-aGeorge L. Reichlly appeared . to me known to be the person described in and who executed the foregoiAg instrument and acknowledged that txe!iddexecuted _ the same as his/h�r free act and deed. March 22, 2002 Donna Mae D gata No,ary Public My commission expires The a:cucart,the owner.any person aggrieved by this Order;any owner of land abuning the land upon which the proocsec work is to be done.or any ten residents of the city or town In which such land is located.are hereby notified of their vont to recuest the Deoanment of Env ronmental Protection to issue a Superseding Order, providing the recuest is made bycenified mail or hand Delivery to the Department. wltn the appropriate filinc fee and Fee Transmlral Form as provided in 310 CMO 10.03(7).within ten caws from the date of issuance of this Determrnancn.A cppy of the request shall at the same time be sent by certified mail or hanc oslrvery to the Conservation Commission anC Ins appi.cant. If you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court. E. A RECEIPT FROM THE REGISTRY OF DEEDS MUST BE SUBMITTED TO THIS OFFICE SHOWING THAT :HIS ORDER OF CONDITIONS HAS BEEN RECORDED AT THE NORTH ESSEX REGISTRY OF DEEDS. Detach on coned line anC submit to the North Andover Conservation Comm. prior to commencement of work. 120 Main Street, No. An.do.v. .....er ..01845 „_ .. ............................... .............................................................................................................................._...... . To North Andover Conservation Commission tssv:ng Autnorrty Please De advised tnat the Order of Concitrons for the project a1 Abbott Vil 1 pop FStatPs - ;:.Ie Number 242— 784 nas been recorded at me Registry of Deeds Essex North District inc has been note=in the cnain of title of Ins affected property in accorcance` im General Ccndriron 6 on t g If recbroec-tand. ins irz umeni number which:reenati s nis CarLszrzon 13 ji re^yisierec lanc. the cc�Cument number wniCh identifies inis r2n saCUon is -�ccnco- J�Cn2:Ur� massac6,usetrs De artrrent of Envrronmenrat rrorecuon ��� ilo f 13r� _ �a Bureau of Resource Protection- Wetlands AMENDED,1 242-784 A Form 5 - Order of Conditions y and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw. Findings (cont.) This Order is valid for three years, unless otherwise specified On this as a special condition pursuant to General Conditions n4, 19th From the date of issuance. May 19, 1999 day of May Jade Llorxh 1999 This Order must be sicred by a majority of the conservation Y ear commission.T he Order must be mailed by certified mail (return receipt req q'uested) or nand delivered to the applicant. before me personally appeared A coon also must be mailed or hand delivered at the same Albert P. Manzi, Jr time to the approeriate recicnal office of the Department of Environmental Protection. tome known to be the person described in and who executed Sicnatures: the foregoing instrument and acknowledged that he!she executed the same as his/her free act and deed. ,vocarf Puctrc December 11, 2003 r i MY Commission aeprres `A This Order is issued to the applicant as follows: C1 by hand delivery on c'atc C by(?Rime mail. ? € , on May 20, 1999 Oate Appeals The applicant, the owner, any person aggrieved by this Order, The request shall state clearly and concisely the objections to anv owner of land abusing the land subject to this Order,or the Order which is being appealed and how the Order does not any ten residents of the cirf 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 merit 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 Cepartment, Nitn the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has, A.00endix E: Pecuest for Departmental Action Fee Transmittal no appellate jurisdicion. Form,as provided in-10 Cv1R 10.03(7) within ten business cays from the Baia of issuance of this Order.A copy of the rrcuest shall at t ,e same time be sent by certified maii or hand pjCpPy aeiivery .c the ccnser/aticn commission and to the applicant; f ,e!sre is not t~e appellant. ftWn'Clergy Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands AMENDED 242-784 IP.A. Forza 5 - Order of Conditions 1 and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 737, §40 protection Bylaw. R,eoordina 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 and,the Final Order shall also be noted in the Registry's Grantcr Index under the name of the owner of the land subject to the Crder. In the case of registered land,this Order shall also be acted on the Land Court Certificate of Title of the owner of the land subyect to the Order of Conditions.The recording information shall be submitted to the NORTH ANDOVER on the form below, rihich must be stamped by the Registry of Deeds. Detach on dotted line and submit to the Conservation Commission. g ____ ___ To: consawflon Commrssron Please be advised that the Order of Conditions for the project at t7orty'Loc aon OEP Flip vurmc, has been recorded at the Registry of Deeds of and has been noted in the chain of title of the affected property in aco,r Psce in accordance with the Order of Conditions issued on Gere If recorded land, the instrument number which''identifies this transaction is insar:menr;vumce� !f registered land,the document number which identifies this transaction is Dacme�'tumce The North Andover Conservation Commission at its meeting on February 1,7, 1999 agreed to accept the following plans as a Modification to the Order of Conditions issued in file #242-784 dated June 6, 1996: Plans Prepared By: Hayes Engineering Services, Inc. Entitled "Notice of Intent Plan — Abbott Village Estates" Sheet P95 F3 P51 DATED REV 2/9/99 Entitled"Wetland Crossing at Sta. 9 + 25 Nutmeg Lane DATED February 9`h, 1999 In addition, the following condition is hereby incorporated as part of the above referenced Order of Conditions: Condition #48: Prior to construction on those individual lots subject to jurisdiction by the North Andover Conservation Commission (NACC), and in order to obtain a representative sample of on-site groundwater conditions, ten(10) test pits shall be performed in the following locations: • Five(5)test pits on those lots fronting on Nutmeg Lane or Periwinkle Way; • Five(5)test pits on those lots fronting on Thistle Road. Each test pit shall be performed by a Certified Soil Evaluator (and witnessed by an Agent of the Commission) utilizing redoximorphic features to accurately determine soil conditions and seasonal high groundwater elevations. Upon receipt of this data,and prior to initiating construction on said lots, revised dry well plans(designed for a 100 year storm event on each lot in question) shall be submitted to the Conservation Commission for review and subsequent approval. Town of (NIorth Andover o� 0 T" OFFICE OF 3a y°'t °oL COMMUNITY DEVELOPMENT AND SERVICES A 27 Charles Street * i WILLIAM J. SCOTT North Andover,Massachusetts 01845 SSACMus�i�y Director (978)688-9531 Fax(978)688-9542 _ #3 MODIFICATION TO ORDER OF CONDITIONS File No. 242-784 Project: of 9 Abbott Village (22 Periwinkle Way) The NORTH ANDOVER CONSERVATION COMMISSION at its meeting on October 4, 2000 , agreed to accept Vk(Arn 64NO" 1"`d `�teJ S`A as a Modification. to the Order of Conditions issued in file # 242-784 dated June 6, 1996 and recorded in Book # 4248 and Page # 164 Issued by the NORTH ANDOVER C TION COMMISSION: � t- n this 4th day of October, 2000 , before me personally appeared Scott Masse to me known to be the person described in .and who executed the foregoing instrument end acknowledged that he/she executed the same as his/her free act and deed. l Notary Public _ qty Commission Expires A receipt from the Registry of Deed-9 must - be submitted to this office showing that this ' 'mod.,ificat .on has been recorded and referenced to the Book and;Pace numbers where the original Order 242- 784 was recorded. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover t%°Th Office of the Conservation Department Community Development and Services Division William J.Scott, Division Director "+ � � •.�' " 27 Charles Street �4 �cxns Brian LaGrasse P ( )978 North Andover,Massachusetts 01845 Telephone 688-9530 Interim Conservation Fax(978)688-9542 Administrator MODIFICATION TO ORDER OF CONDITIONS File No. 242-784 Project(- Lot 21 — Abbott Village The NORTH ANDOVER CONSERVATION COMrMISSION at its meeting on December 20,2000 agreed to accept Nft�s e,-X.7jj PksN — Lok �A Fj N")A 61�� �� webaer Zc� as a Modification to the Order of Conditions issued in file#242- 784 dated June 6, 1996 and recorded in Book# 4248 and Page# 164 Issued by the NORTH ANDOVER CONSERV MMISSION: l On this 20th day of December, 2000 ,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 sa'YApKjh1WWact and deed. W tr r'..: ":'Ubl§ MY ca ; ion Expires No ry Public 0 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- 784 was recorded. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of {N{ orth Andover NOR*M O;FF OF ?�y'`lEo '6 6 0L.. COMMUNITY DEVELOPMENT AND SERVICES41 p 27 Charles Street * Z M o�q � M North Andover,Massachusetts 01845 �4ssa WILLIAM J.SCOTT cNu5���� Director (978)688-9531 Fax(978)688-9542 _ MODIFICATION TO ORDER OF CONDITIONS File No 242-784 Proj ect Lot 20 - Abbott Village �a The NORTH ANDOVER CONSERVATION COMMISSION at its meeting on November 15, 2000 agreed to accept c►�1S 6�' • t� MAU S, P_ nn pt" - �� 20 Abbas . t �cdd . I 1, as a Modification. to the Order of Conditions issued in file # 242-784 dated June 6, 1996 and recorded in Book # 4248 and Page 164 Issued by the NORTH ANDOVER CO ATION COMMISSION: On 'this 15th day of November, 2000 before me -personally appeared Scott Masse , to me known to be the person described in .and who executed the foregoing instrument qLnd acknowledged that he/she executed the`same as his/her free act and deed. �. ? � March 15, 2007 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 n-ambers where the original Order 242- 784 was recorded. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover p�„o�rh i,110 Eby�Q Office of the Conservation Department Community Development and Services Division ted° William J.ScottDivision Director 27 Charles Street �9swcHu$t� Brian LaGrasse p ( )978 hone North Andover,Massachusetts 01845 Tele 688-9530 Conservation Administrator Fax(978)688-9542 Modification to Order of Conditions File No. 242-784- Project Address: Lot 4 Abbott Village The NORTH ANDOVER CONSERVATION COMMISSION at it's meeting on 3/21/01,agreed to y accept Plms gAAA k1tA 5.'iel7evclop�nc.,� Pk^ �oi Qrofsr�.� l,oe�.<tcA .,* Loi- q u.},\as Le^t- j4eck t--;0-01 (BEV -11-Ot as a Modification to the Order of Conditions issued in File 242-784 dated 6-b- 6 and recorded in Book # IN 6 and page 69 Issued by theNORT O CONSERVATION COMMISSION: { r this 21 st day of March 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. .T 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 242-784 was recorded. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover 14ORrsi Oft"LID 14�� Office of the Conservation Department ? Community Development and Services Division William J.Scott,Division Director 27 Charles Street �SS�c�usB' Brian LaGrasse p ( )978 North Andover,Massachusetts 01845 Telephone 688-9530 Interim Conservation Fax(978)688-9542 Administrator MODIFICATION TO ORDER OF CONDITIONS File No. "12 'A Pro' ct: �G 0. The NORTH ANDOVER CONSERVATION COMMISSION at its meeting on '51S161 agreed to accept 'N 1r,n 5 eJ- ttd " MpV IA 04" -i EX4Ue6 as a Modification to the Order of Conditions issued in file#242 dated and recorded in Book# and Page# b Issued by the NORTH ANDOVER CONSERVATI SSION: On this v Z day of MAI , ZOOS( ,before me personally appeared i+ Nu"�,c '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 dhossafteaftmA I ' IRI Notsry Public Z�, Commonwealth of Massach Notary Public My Commission Expires 'Februaz 14,2008res A receipt from tIe 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- `4`6"*1 ^ was recorded. BOARD OF APPEALS 688-9541 BUILDING688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit,for Orders,of Conditions 242-784 { Provided by DEP Massachusetts Wetlands Protection Act Pel:G:L. e: 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the North Andover Land Corporation computer, use Name only the tab key to move IlWalker Road your cursor- hfiffing Address do not use the North Andover MA 01845 return key. City/Town Stere Zip Code 2. Property Owner(if different): SAME Name Mailing Address City/Town State Zip Code B. Finding Information The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: Original issued 6/6/96, Latest amendment issued June 16, 1999 Date for work at: Abbott Village Estates(Nutmeg, Periwinkle&Thistle Rd.). Numerous 1 Street Address AssessWs MWIPlat Number ParceVLot Numbw recorded at the Registry of Deeds for: Essex county Book pap Certificate(if registered land) is hereby extended until: 6/16/2003 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended(if applicable): Date Issued by: North Andover Conservation Commission wpaformZdoc rev.12/15/00 Page 1 of 3 L11Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 2 .2- - 7PI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Finding Information (cont.) This Order of Conditions Ext ion must be signed by a majority of the Conservation Commission and a copy sent to the applicant d th propriate DEP Regional Office(see Appendix A). Signatures: i On X'C' Of Day Month and Year before me personally,appeared to known to be the person described in and who executed the foregoing instrument and acknowledged that he/&he executed the same as his/her free act and deed. r Aary ublic My Commission Expires ' C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant,prior to commencement of work, to record the final Order(or in this case,the Extension Permit for the Order of Conditions) 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,it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. wpaform7.doc•rev.12/15/00 Page 2 of 3 r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-784 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation (cont.) To: Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: Project Location DEP Fde Number has been recorded at the Registry of Deed of: County for: and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land,the document number which identifies this transaction is Document Number Signature of Applicant wpaformTrim•rev.12/15/00 Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A DER Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable for Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham Agawam Conwayancock Plainfield Wales 436 Dwight Street g y �"�� 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 Fax:413-784-1149 Bemardston Egremonntt Holyoke Marlboro Savoy Westfield Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West midge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Wathrreld South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden his Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Peen Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton MMM" Ruffand Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Mid Shirley Warren Shrewsbury Webster Worcester, MA 01605 Athol Douglas Hoollisttoon � Southborough westbo,ok,gk, Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston Fax:508-792 7621 Ayer East Brookfield Leicester North Brookfield Spencer west Brookfield Barre Fitchburg Leominster Oakharn Sterling Westtwd TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Patton Sturbridge Wirnhendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Botborough Hardwick Medway •101110111115"In Townsend Boylston Holden Menton Prirroellon Tyrmgsborogh Brookfield Hopedale MiNod Ropaiskin upton DEP Southeast Region Abington Dartmouth Freetown Mattapolseft Prownc:etown rsbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raychem Truro Rehoboth Wareham Lakeville, MA 02347 AAvvonn Dighton H` fax Nerd Rochester w Phone:508-946-2700 Barnstable Eastham Hanover NorthAtgebormo 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 Blaft Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentharn Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plairmrllike Chatham Foxbwough Marshfield Plymouth Stoughton Chilmark Franklin Mashpas Ply"O- Taunton DEP Northeast Region Amesbury Chenstord Hingham Merrimac Cluk" Wakefield 205 Lowell Street Andover Chelsea Holbrook Methuen Rando" Walpole Arlington Cohasset Hull MkIld tort WalthamReading Wilmington, MA 01887 AshlandConcord Ipswich MNis RIElvere at ertown Phone:978-661-7600 Bedford Danvers Lawrence WARM Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salon Wenharn TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnrreld NNewbuburyporrt Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfieid wpaf0rm7.d0C•Appendix A•rev.5123/02 Page t of 1 M ssacbusetts Departnxnt of Environmental Protection DEP File Number Bureau of Resource Protection— W tlands /5 t ' 3 242-784 for DEP use only WPA Form 5 - Or Nonditior t" der Is and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw. 13 Applicant Information From: The Notice of Intent for this project was filed on: North Andover December 8, 1995 cor nation commission Date For: The public hearing was closed on: Dep # 242-784 May 15, 1996 Ftojea file Number Date To: North Andover Land Corp. Title and Date of final Plans and Other Documents: 41�'Vaafffker Road S� �mcndryhC,n[: � Aftil gzAndover, MA 01845 CkylTown state Zip Code The project site is located at: North Andover, MA 01845 City/Town 38 189 Assessors Map/Plat d Parc&Aot f rid the property is recorded at the Registry of Deeds for: CNor Essex 4248 164 couny Book Page CatiBcate(if teg iced land) Findings Furthermore,this Commission hereby finds that the project,as Findings pursuant to the Massachusetts Wetlands proposed,is: Protection Act: (check one of the following boxes) Following the review of the above-referenced Notice of Intent Ap�efbllowing bject to and based on the information provided in this application and presented at the public hearing,this commission finds that the conditions which are necessary,in accordance area in which work is proposed is significant to the following with the performance standards set forth in the wetlands inter is of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This Commission orders that all the world shall be performed in r/lo ater Supply accordance with the Notice of Intent referenced above,the ater Supply following General Conditions,and any other special ater Supply conditions attached to this Order.To the extent that the Control following conditions modify or differ from the plans, 0 Containing Shellfish specifications,or other proposals submitted with the Notice ' res of Intent,these conditions shall control. pProoeltirz,tion Damage Prevention tion of Pollution of Wildlife Habitat n..,... 'I ..F c Third Amendment to Order of Conditions Abbott Village Subdivision(DEP #242-784). The North Andover Conservation Commission at its meeting on June 16, 1999 agreed to accept the following plans as a Modification to the Order of Conditions issued in file#242-784 dated June 6, 1996: Plans Prepared By: Hayes Engineering Services, Inc. Entitled "Notice of Intent Plan -Abbott Village Estates-, North Andover, Mass." Dated December 4, 1995 with,revisions through June 7, 1999 The letter to the Conservation Commission dated June 9, 1999 from Hayes Engineering, Inc. and its enclosure are incorporated by reference into this Amendment and attached hereto. In addition, the following changes are hereby incorporated by reference: Condition #15 is deleted and replaced with the following: Condition #15: The NACC approves the wetlands crossings and alterations as shown on the Revised plans, contingent on construction of all of the replications shown on said plan. Condition #16 is deleted (previously annulled by the Land Court). Condition #19 is deleted (previously annulled by the Land Court). Condition #17 is amended to replace the number "12,455 sq. ft." with "21,005 sq. ft." Condition #27 is amended to incorporate by reference: The applicant shall submit a detail from the chosen supplier for all bridges with all dimensions including footings. Approval of this modification request is contingent upon dismissal of all pending litigation by North Andover Land Corp. and release of all claims to the North Andover Conservation Commission and the Town of North Andover. mass3chusefts Department of Environmental Protection Bureau of Resource Protection- Wetlands AMENDED 242-784 WPA Form - Order of Conditions s and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, ,§4O protection Bylaw. Iff 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 shall be submitted to the NORTH ANDOVER Conse!vauon C:mmission on the form below,which must be stamped by the Registry of Deeds. Detach on dotted line and submit to the Conservation Commission. -------------------- To: _Ta consavanan Commission Please be advised that the Order of Conditions for the project at Hn t�:cranon OfPfilc.,h]mntr has been recorded at the Registry of Deeds of C�'v ry and has been noted in the chain of title of the affected property in BOOK Pane in accordance with the Order of Conditions-issued on Gate ° If recorded land, the instrument number which identifies this transaction is ins,n.menr;Vumee If reoistered land,the document number which identifies this transaction is Gomme:;lumce iigro"re o/ !pPursl'Y Vassac,7usatis Department of Environmental Protection Amendment # 3 Bureau of Resource Protection- Wetlands AMENDED i Recorded 7/14/99242_734 PA Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 737, §40 Prote-ction Bylaw. R°:ordino Information This Order of Conditions must be recorded in the�egistr/of Ceeds or the Lard Cour;er the district id whic:=the!and is ! IoCatE'?.'Morin,t e chain of title of the affected property. In the case of recorded land the Final Order shall also be nete'.i in the i Registry's-Grantcr!ncex under the name of the owner of rhe land subiegz m the Order. In the case of reyistcr.d lard. this Order shall also be noted on the Land Court Certincate of Title of the owner of the land subfec;to the Order of Conditions. -,,,-e reccrdino infor,—m adon shall be submined to the NORTH A-NDOVER on the iof l Ce!o,x.'Nni6 musi.e stumped by the Registrf of 0eecs. Cetach on dcnzd line and submit to the Conser/aticn Commis_ien. c To: NORTH ANDOVER CONSERVATION COMMISSION Dleas2 t-e idiisedi That the Crder of Condition fcr the Cro)HC; aC ABBOTT VT7 T AGR .242-7R4 ,as Ce:-n reccrcec it:'e Regszr/of Deeds of NORTH ESSEX and has Deer.rot=e:n;re—a in of title of the 3ffec;ed orccert•f 'n 5495 ,;,.C,< 060 �pyla: D: :n accorcarce•rntr;he C,�fCef nouions :sued on b/Lb199 „ae if r:CCrau':and. . e!nsu[:me.^.t numCer hic`i; entffles tf'IS trarsac;;cn i 26427 if;=^ISicr'.G �afd. 'i.?_�CC:;mert�:Ur;Ct:r':vftic�iderU(IL'S:hu ,telassac"us2iis Uepanrrent or tnvironmenrai rror�:;�uu Bureau of Resource Protection- Wetlands AMENDED j 242-784 VVPA Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 737, §40 Protection. Below. FirdirQS (cont.) This Order is valid for three years, unless otherwise specified On this as a sced--I condition pursuant to General Conditions T'4, 19th ` from the date of issuance. May 19 1999 day or ylav „we 4lor;rn This Order mmust.,e signed by a maiority of the conservation ay 1999 commis en. The Order must be mailed by certified mail w (recum recti of requested)or hand delivered to the applicant. before me personally appeared ,4 copy also must bemaiied or hand delivered at the same Albert P Manzi, Jr. ` p time.o�;,e aporachate reeienaioffice' c..e of the Department of cnvircrme^cal Pmtec:ion to me known'Lo be t;e person described in and who executed S;cratures: the foreaeinq instrument and a&nowledeed that heishe executed the same as hisiher free act and deed. Vorr:Axi/c r December 11, 2003 ` 1 ,SIrC9mrrrSSronrra;res -'' This Order is issued to the applicant as follows: by hand delivery an Card by X;fed+maii. f € i. an May 20, 1999 Care Appeals T're acoiicnnt,the owner, any person aggrieved by this Order, The request ball state clearly and concisely the cbiegrcns to any owrer of land abutting the land subject to this Order, or the Crder'Nnicht is be-na appealed and how the Order does not env Cee esice.^.ts of he c C1 or town in which,such lard is ccntribuce to the prciec:ion of he interests identified in Che are Hereby notified of Cher right to request the Ulassa&usett5 Wetiands Protec:on Act(N1.G.L.C.131,64O accrccr ate Cecartment of environmental Protection P.eaicnal and is inconsistent mch the wedands regulations (310 C%IR C "ce:c issue a Superseding Orcer of Conditions.The request 'O.00I: To the e:aert that the Order is based Dn a munic pal de mace'ov certified mail or hand delivery to the bviaw , and not on the Masao,userts`Nedands rrete�on A.C: c„ rt, Nitn the appropriate mina fee and a completed cr requiadcns,the Cepartme�t of Environmerial Protea cn has CC°rdC( �eCUesi for Cepartmer ial ACCion Fee Transrrnittal nO appe!Iateursdic::Dn. .rm. cvicsd in-,70 COIR 10.03(7) within ten business 'r:^r^ ."c Cate or IS_uanc?of tiis Order.,a copy of the Fame limebe Cert uY c2:rrirle, maii ori yard - _°cr/aCldn Corr mi_s;cn.3nc iD Ch,e aCCiICCrC, l_ Second Amendment to Order of Conditions Abbott Village Subdivision (DEP #242-784). The North Andover Conservation Commission at its meeting on February 17, 1999 agreed to accept the following plans as a Modification to the Order of Conditions issued in file 9242-754 dated June 6, 1996: Plans Prepared By: Hayes Engineering Services, Inc. Entitled "Notice of Intent Plan- Abbott Village Estates" Sheet P95F3P51 DATED REV 2/9/99 Entitled "Wetland Crossing at Sta. 9 +Nutmeg Lane" DATED February 9', 1999 In addition,the following condition is hereby incorporated as part of the above referenced Order of Conditions: Condition 948: Prior to construction on those individual lots subject to jurisdiction by the North Andover Conservation Commission(NACC), and in order to obtain a representative sample of on-site groundwater conditions, ten(10) test pits shall be performed in the following locations: • Five (5) test pits on those lots fronting on Nutmeg Lane or Periwinkle Way; • Five (5)test pits on those lots fronting on Thistle Road, Each test pit shall be performed by a Certified Soil Evaluator(and witnessed by an Agent of the Commission) utilizing redoximorphic features to accurately determine soil conditions and seasonal high groundwater elevations. Upon receipt of this data, and prior to initiating construction on said lots,revised dry well plans (designed for a 100-year-storm event on each lot in question) shall be submitted to the Conservation Commission for review and subsequent approval. The Conservation Commission herebv rescinds the Order of Conditions dated March 3, 1999 and adopts, pursuant to the North Andover Wetlands Protection Bylaw, this Second Amendment to the Order of Conditions. 71705!Nan(HO-1,9 ` Mossach-u-eas De artrmnt of Environmental Protection Bureau of Resource Protection- Wetlands Amen P Form 5 Orcer oftio dations and North Andover Wetland Massac7usetts Wetlands Protection Act M.G.L. C. 131, X40 Protection Bylaw. OFindings (cont.) This Order is valid for three years, unless otherwise specified Cn this as a spedai ccndition pursuant to General Conditions r4, 16th frcm the date of issuance. June 16, 1999 day of June Oae Montt? 1999 Tris Order,•rust be signed by a majority of the conserraticn ccmmissicn. The Order must be mailed by certified mail �� (retum receipt requested)or hand delivered to the applicant. before me personally appeared A.cocv also must be mailed or hand delivered at the same time to the appropriate regienal office of the Department of Albert P. Manzi, Jr. Envircnmental Protection to me known to be the person described in and who executed Sicnatu'res: the foregoing insiiumert and 3G<nowledoed that he/she executed the same as his;her free act and deed. vols Puck December 11, 2003 :N�:omrrm rortrr:as r i G This Order is issued to the applicant as follows: r by hand delivery on Gyre by certmed mail,return receipt requested. on Cite AgpealS The applicant,the owner,any person aggrieved by this Order, The request shall state dearly and concisely the objections to any owner cf and abutting the land subiect.td this Order, or the Order which is berg appealed and how the Order does not any en rsicents of the ciry or town in which such land is contribute to the protection c the interests identified in the cc--,ted, are"hereby notified of their right to request the lvlassac: a Third Amendment to Order of Conditions Abbott Village Subdivision (DEP #242-784). The North Andover Conservation Commission at its meeting on June 16, 1999 agreed to accept the following plans as a Modification to the Order of Conditions issued in file #242-784 dated June 6, 1996: Plans Prepared By: Hayes Engineering Services, Inc. Entitled "Notice of Intent Plan -Abbott Village Estates-, North Andover, Mass." Dated December 4, 1995 with revisions through June 7, 1999 The letter to the Conservation Commission dated June 9, 1999 from Hayes Engineering, Inc. and its enclosure are incorporated by reference into this Amendment and attached hereto. In addition, the following changes are hereby incorporated by reference: Condition 1#15 is deleted and replaced with the following: Condition #15: The NACC approves the wetlands crossings and alterations as shown on the Revised plans, contingent on construction of all of the replications shown on said plan. Condition #16 is deleted (previously annulled by the Land Court). Condition #19 is deleted (previously annulled by the Land Court). Condition #17 is amended to replace the number"12,455 sq. ft." with ,21,005 sq. ft. Condition #27 is amended to incorporate by reference: The applicant shall submit a detail from the chosen supplier for all bridges with all dimensions including footings. Approval of this modification request is contingent upon dismissal of all pending litigation by North Andover Land Corp. and release of all claims to the North Andover Conservation Commission and the Town of North Andover. Massjc,7usem Department of Environmental Protection Bureau of Resource Protection- Wetlands AMENDED 242-784 NVAForm - Order oConditions and North Andover Wetland Massacf lsetts Wetlands Protection Act M.G.L. c. 137, §40 protection Bylaw. 3 Ra-rordinQ Information This Order of C.-n;,cns must be recorded in the Registry of Deeds or the Land Court for the district in whi&the land is locates, within to chain of title of the affected property.In the case of retorted land,the Final Order shall also be noted in the Recisrj's Granccr Index under the name of the owner of the land subiect to the Orcer.In the case of registered land, this Order shall;,iso be noted on the Land Court Certificate of Title of the o%vrer of the land subject to the Order of Conditions.The recording information shall be submitted to the NORTH ANDOVER on the form be!cov, whidt must be stamped by the Registry of Cees. Detach on ccs--d line and submit to the Conser/aticn Commission. c— To: C�nss;„r;onC::mmrssron Pease ']e acvised that the Order of Conditions for the project _xcae^ �f.'fiie;'sur^.ser ^as Ceen retorted at the Reoisirj of Deeds of and `,as Leer,noted in the chain of title of the affected property n ;n acccrdarce wich the Order of Conditions-issued on ire f'cc rcec anc, the Instrument number'Nh lch id endfles'hiS transac:icn s f'e I5 2r iarc, th2 document number'which identifies this man°aC:.,nS