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HomeMy WebLinkAboutANTONELLI, MARGARET Joyf Marchionda T0WN f1 „ 8z Associates, L.P. NQRTHtl�OI~8 R n n k5 11 � Engineering and t,Y FN a ' Planning Consultants z' SWR 2 1 1995 PLANNINfi BOAR March 17, 1995 North Andover Planning Board 120 Main Street North Andover, MA 01845 Re: Preliminary Subdivision Plan Submission Brookside Estates Dear Board Members: On behalf of my client, Tyler Monroe, I would like to withdraw from consideration the application for preliminary subdivision plan approval for the above referenced subdivision. I apologize for any inconvenience this action may cause. Should you require additional information, please do not hesitate to can. Sincerely, Marchionda & Associat P. Mic a . Rosati 62)Tc t f.; v,avenue Suite 1 1A 62180 (617)438"J,121 Fax(61j 1.38-9654 i 310 CMR 10.99 REG Li �, JOYCE B%dd ..rJAW TOWN CLERK Form 7 NORTH ANDOVER DEP File No. I 242- 452 i APR 7 12 5O PO 195 (To be provided by DEP) North Andover _ Commonwealth City Town of Massachusetts aoopcant Margaret Antonelli �= "Brook Farm" Christian Way Extension Extension Permit Massachusetts Wetlands Protection Act G.L. c. 131 , §40 North Andover Conservation Commission From: Issuing Authority c/o Gary S. Sackrider To: Margaret Antonelli 19 North .S.treet, Salem MA 01970 (Name) (Address) TheExtension Permit)issued on March 3, 1995 (date) f. to Margaret Antonelli (name)for work at Brook Farm - Christian Way Extension (address)is hereby extended for a period of ONE year(:s) from the date it expires. h 3 1996 This Extension Permit will expire on Marc (date) This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. ................................................. ........................................... ......... ......... ......... .................. (Leave Soace Biank) 7.1 Effective 11/10/89 • f Issued by North And Conservation Commission Signature(s) When issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. On this S ±6 day of l -1996 before me George L. Rei h personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that heishe executed the same as his/her free act and deed. yo CwwAmim Japsm km 20,MI Notary Public My commission expires Recording Information: Detach on dotted line and submit to the North Andover Conservation Comm. prior tocommencementofwork. .................................................................................................................................................................................................................. NORTH ANDOVER CONSERVATION COMMISSION 120 Main St. , No. Andover MA O1845 To ° lssurnd Authority Please be aovtseo that the Extension Permit to the Order of Condtttons for the protect at "Brook Farm" Christiansen File Number 242— 452 has been recorced at the Reg!s-v of Deeds, Northern Essex and has been noteo m the cnarn of ime of the affecteo property in accorcance with General CondrUon B of the original order of conditions on . 1 9 1 It recorded Land,the instrument number which identifies this trait;action is It redrslered land,the cocument number wnich menUhes this transaction is Signature ACot�cant 7.2 310 CMR 10.99 Form 8 DEP File No. 242- 391 .�,.. rTo pe wovioed by DEP) Commonwealth City/own North Andover of Massachusetts Apo►ncant CBC Realty,Trust Christian Way _Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. C. 131 , §40 From North Andover Conservation Commission IssuingAuthority Y To CBC Realty Trust 100 Johnnycake Rd.. N. Andover, MA 01845 (Name) (Address) Date of issuance May .28, 1992 This Certificate is issued for work regulated byan Order of Conditions issued to CBC Realty ty Trot_ dated 3/25/87 and issued by the NACC 1 . 3 It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. 2. UX It is hereby certified that only the following portions of;the work regulated by the above-refer- enced Order of Conditions have been satisfactorilyc6mpleted: (If the Certificate of Compliance does not include the entire project,specify what portions are inc i.0ed.) 3. It is hereby certified that the work regulated by the above-referenGed..Atder.of Conditions was never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No(future work subject to regulation under the Act may be commenced without filing anew Notice of Intent and receiving a new Order of Conditions. (leave Soace Blank) 8.1 Effective 11/10/89 4. RX This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in which the land is located.The Order was originally recorded on 5/11/87 (date) at the Registry of Deeds, North Essex , Book , Page Inst. #14304 & 443109. 5. Q The following conditions of the Order shall continue: (Set forth any conditions contained in the Final Order, such as maintenance or monitoring, which are to continue for a longer period.) Issued by North Andover servation Commission Signatures) PA'VW A-- When --When issued by the Conservation Commision this Certificate must be signed by a majority of is members. On this c day of , 19 9�;_, before me personally appeared G&OWC A . IFF./c/y .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. Qad�o� otary Public 1T4MI- L. E*TDA) My commission expires Detach on dotted line and submit to the NORTH ANDOVER CONSERVATION ............................................................ ... ..... ........... ............................................................................... ............... ToNACC Issuing Authority Please be advised that the Certificate of Compitance for the project at. Chri G t i an Wag File Number 242' 391 has been recorded at the Registry of Deeds, Northern Essex and has been notea in the chain of tale of the affected proberty on 19 it recbroeo lane.;ne instrument numoer wnich ioenaties inis transacnon is it regtstereo lane.the cocument numoer wrncn identifies this transaction is Signature ADDttcant 82 i Brook Farm Christian Way Ext. 310 CMR 10.99 RE, Form 7 DEP File No. 242-452 i (To be Provided by DEP) North Andover F Commonwealth Cly Town c < = of Massachusetts Margaret Antonelli =L = ADolocant g "Brook Farm" Christian Way Extension Extension Permit Massachusetts Wetlands Protection Act G.L. c. 131, §40 North Andover Conservation Commission From: Issuing Authority 1117 Gatewood Drive To: Margaret Antonelli Alexandria, VA 22307 (Name) (Address) c/o Atty. Gary S. Sackrider, 19 North St. , Salem, MA 01970 The Order of Conditions(or Extension Permit)issued on _,z z?A " (date) r•.. to Margaret Antonelli (name)for work at Brook Farm - Christian way Extension (address)is hereby extended for a period of—W DAYS. :° s) from the date it expires. 03-02-9 This Extension Permit will expire on MAY J,-1995- (date) This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. (leave Soace Blank) 7.1 Effective 11/10/89 1 'C Issued by North And ver Conservation Commission Signature(s) i i en issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. On this 1st day of March 19 95 before me personally appeared George Reich . 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 Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work. .................................................................................................................................................................................................................. To North Andover Conservation Commission Issuing Authority Please be aeviseo that the Extension Permit to the Order of Conditions for the protect at Brook Farm—Christian Way Ext. File Number 242— 452 has been recorced at the Re,rstry of Deeds, Northern Essex and has been noteo m the cram of title of ine affected orooerty in accorcance with General Condition a of the original order of conditions on . 19 It recorded land.the instrument number which rdenUhes inns Tran;action is If redtstered land. the document number wnicn sOenUhes This transaction is Signature -1Coi,cant 7.2 I Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Preliminary Subdivision Plan entitled: Preliminary Subdivision Plan at Brook Farm By: Atlantoc Engineering & Survey ConsultantsDated February 20, 1998 1. The Noover Pl g Board ha tively a said n, ' h- ut m�odatio thereo 2. The North Andover Planning Board has disapproved said plan, for the Following reasons: o See Attached C>-4-c =�Mm 1 x►zWn -.� M r e M as �- cca 3. h�jeco Andover ng Board as t tativ app ved s the fo wing m ions there Very truly yours NORTH ANDOVER PLANNING BOARD B L Richard S. Rowen Date: April 22, 1998 Brook Farm (extension of Christian Way) Preliminary Plan Denial The Planning Board herein denies the seven- (7) lot Preliminary Plan known as Brook Farm, an extension of Christian Way. Margaret Antonelli, 117 Gatewood Drive, Alexandria, VA 22307, submitted the application on March 20, 1998. The area affected is located in the R-1 Zoning District. Findings of Fact 1. The Preliminary Subdivision Plan does not include all of the information required by Section 3 of the Subdivision Rules and Regulations as noted below: a) The existing tree line and the pathway that runs east to west are not indicated on the plans. 2. The Conventional Subdivision(Proof Plan) does not adhere to all of the design standards indicated in Section 7 of the Subdivision Rules and Regulations: a) Section 7(A)(1)(d): The abutting property, on three sides of the parcel is listed as owned by the Essex County Green Belt. The plan should show pedestrian access to this property. b) Section 7(A)(1)(h): The centerline radii should be specified on the plans. The centerline of the curve from St 10+36.53 to 10+97.84 does not comply with the minimum radius of 150 feet required by the Regulations. C) Section 7(d) (1): Sidewalks are not indicated on the plans. The applicant may decide to make a donation to the sidewalk fund of an amount equal to the cost of constructing the sidewalks a long one side of the roadway. d) Section 7(E)(1): The proposed street trees are not indicated on the plan. e) Section 7(G)(1): The proposed electric/gas telephone and cable utilities are not indicated on the plan. fl Section 7(K): It is unclear if natural features will be preserved;existing trees are not shown on the plans. g) Section 7(L): The proposed water main and its appurtenances are not indicated on the plans. 3. General Drainage Issues: Although extensive review of the drainage calculations has not been completed, certain issues should be addressed: 1 a) No pre-development and post-development subarea plans were submitted. The accuracy of the drainage areas, curve numbers and times of concentration could not be determined due to the absence of the subarea plans. Data used to develop the above data should be consistent with NRCS guidance on the subject. b) No catchment area plans were provided. The accuracy of the catchment areas, runoff coefficients and times of concentration could not be determined due to the absence of the catchment area plans. C) The storm water facilities should be designed consistent with the requirements of ASCE Manual and Reports of Engineering Practice No. 77 and the DEP Storm water Management Policy. d) No test pit data was provided for Basin A. the seasonal ground-water depth should be identified at this location. e) Calculations for the swale on the eastern side of the property and its adequacy should be provided. Soil types as identified by the NRCS may need to be modified to meet field conditions. f) It appears that the proposed grading for lot 7 would create a ponding area along the property line at the south side of the lot. g) Grading at the entrance to the extension is incomplete. The proposed grade 174 does not tie into the existing grade. h) Additional existing conditions data at the entrance to the site,regarding rim elevations and location of existing driveways should be provided. 4. The following information is included as part of this decision: a) Plans Entitled: i) "Preliminary Subdivision Plan at Brook Farm,North Andover, MA", six sheets dated February 20, 1998, prepared by Atlantic Engineering & Survey Consultants Inc. b) Report Entitled: i) "Hydrologic Report for Brook Farm", dated March 18, 1998. Prepared by Atlantic Engineering&Survey Consultants, Inc. 2 ii) Settlement Agreement between Antonelli and the Planning Board of the Town of North Andover, dated November 1997, prepared by Kopehnan and Paige. Decision Given the above Findings of Fact, the Planning Board herein denies this Preliminary Subdivision plan. Brook Farm Prelim 3 i �1Q�tv1R 10.99 'a Form 5 l DEP Fate No. ` NACC 49/242-921 I j (to be VU-3-2 by UEV) Commonwealth Gly+Town North Andover of Massachusetts aoohcari Margaret Antonelli Order of Condiiians Massachusetts Wetlands Protection Act G.L. C. 131 , §40 and under the Town o-F North Andover' s Bylaw Chapter 178 From NORTH ANDOVER CONSERVATION COtNISSIUN To Margaret Antonelli Same (Name of Applicant) (Name of property owner) 1117 Gatewood Drive Alexandria, VA 22307 Address Address This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative an ! (date) by certified mail, return receipt requested on (date) f his project is located at Christian Way, Map 104—D Parcel 1 The property is reccrded at the Registry at NorrhP rn Essr-x Eock 1725 sage 225 Certificate(ii registered) The Notice of Intent for this project was tiled on July 24 1998 - __ (dale) ' The public hearing was closed on August 19, 1998 (date) Findings The North Andover Conservation Commission has reviev;ed the abeve•re1erer1ced (JOtice ct Intent and plans and has held a public hearing on the project. Based on the rnlormolron a4allaeie to the N 1CC at this time, the IAC(' _ has determined that the area en which the prccosed work is to be done is significant to the (eltowing interests in accoreance v.i1h the Presumptions of Signilica ce o in the regulations !or each Area Subject to Protect,orrUnder tyre � �� % Recreation �/ Act (check as appropriate J: Ch. 178: Prevention of Erosion & Sedimentation Ch. 178 T Wildlif e Pubiic water supply Flood control ❑ L-ind containing shelllish Private water supply Storm damage prevention ( Fisheries Ground water supply Prevent cn at poiluticnL� $250.00 Protection of wiidlile habitat- Total Fiiinc Fee Submitted $525.00 (State Share' _ _ Cityi—lcwn Share $275-00 (._ l Total Refund Due S City/Town Portion S State Portion S (1/2 total) ('/z total) 5. 1 • r DEP FILE#242—921/NACC#9 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent;the conditions shall control GENERAL CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP)reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements,photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this order. 5. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section VIII(p.15) of the North Andover Wetland Regulations). C:\Wmword\OOC\242-922/NACC#9.doc 1 NACC 9/3/98 DEP FILE #242—921/NACC#9 6. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 7. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 8. The conditions of this decision shall apply to, and be binding upon,the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 9. The term"Applicant' as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 10. The proposed work includes: Construction of a single family dwelling within the Buffer Zone of a Bordering Vegetated Wetland. 11. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: 11EFC0 Realty Trust DATED 7-22-98 Plans prepared by: Christiansen&Sergi,Inc. Entitled"Site Plan for Lot 20a Bridle Path" DATED REV 8-19-98 12. The following wetland resource areas are affected by the proposed work: Buffer Zone to 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., 13. The NACC agrees with the applicants delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. Prior to the issuance of a Certificate of Compliance, the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. C:\Winword\OOC\242-922/NACC#9.doc 2 NACC 9/3/98 DEP FILE #242-921/NACC#9 14. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(251 No-Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Appendix 5 of the local Regulations). 15. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 16. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 17. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 18. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. C:\Winword\OOC\242-922/NACC#9.doc 3 NACC 9/3/98 DEP FILE#242—921/NACC#9 PRIOR TO CONSTRUCTION 19. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 20. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense 21. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words"Massachusetts Department of Environmental Protection, File Number 242-918." 22. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. C:\Winword\OOC\242-922/NACC#9.doc 4 NACC 9/3/98 DEP FILE #242—921/NACC#9 23. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 24. Prior to any work on-site the applicant shall submit to the NACC for approval a sequencing plan for construction and erosion and sedimentation control with supporting plans and details as appropriate. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction,including the construction of compensation and retention areas, and revegetation to be completed before other work begins on-site. 25. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color, different from other flagging used on the site. 26. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. C:\Winword\OOC\242-922/NACC#9.doc 5 NACC 9/3/98 DEP FILE#242—921/NACC#9 27. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling,a minimum of twenty (20) hay bales and sufficient stakes for j staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 28. A check payable to the Town of North Andover shall be provided in the amount of$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This.condition is issued under the authority of the local hyLaw. 29. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions,the"Affidavit"attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has been provided with and has read these Orders of Conditions and is in compliance with and aware of each and every condition. This document shall apply be provided to the Conservation Department at least five(5) business days prior to the closing of said land transaction. 30. The applicant and/or site contractor shall stake out the limits of the approved foundation as depicted on the plans referenced and approved herein. 31. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the C:\Winword\OOC\242-922/NACC#9.doc 6 NACC 9/3/98 DEP FILE #242—921/NACC#9 contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). 32. The NACC shall be notified in writing of any lot line or number changes with a copy of a plan showing these changes prior to any work on these lots. DURING CONSTRUCTION 33. The applicant and/or site contractor shall construct the landscape wall as depicted on the plans referenced and approved herein prior to pouring the foundation for the single family dwelling. i 34. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.)which accurately depicts the foundation location and ifs proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 35. Upon beginning work, the applicant shall submit written progress reports every two (2) months detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will' update the construction sequence. 36. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 37. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 38. No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 39. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. C:\Winword\OOC\242-922/NACC#9.doc 7 NACC 9/3/98 DEP FILE #242—921/NACC#9 40. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 41. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50'of areas subject to protection under the Act or local ByLaw. 42. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 43. During and after work on this project there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION M J 44. No underground storage of fuel oils shall be allowed on any lot within one- hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 45. Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (<5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 46. After completion of work, the applicant shall permanently mark the edge of the "No-Disturbance Zone"with signs or markers designating it's sensitivity. This will ensure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC prior to their placement. The applicant shall instruct all agents to C:\Winword\ \242- C NACC 9/3/98 OOC 922/NA C#9.doc 8 DEP FILE# 242—921/NACC#9 explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 47. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 48. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. A letter from the applicant requesting a Certificate of Compliance. b. The name and address of the current landowner. c. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the Order of Conditions prior to purchasing their property. d. The name and address of the individual/trust or corporation to whom the compliance is to be granted. e. The street address and assessor's map/parcel number for the project, f. The DEP file number. g. A written statement from a Registered Professional Engineer and Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. h. An"As-Built' plan prepared and signed and stamped by a Registered Professional Engineer and Registered Professional Land Surveyor of'. the Commonwealth, for the public record. This plan will include: ➢ "As-Built' post development elevations of all drainage& stormwater management structures constructed within 100 feet of any wetland resource area. ➢ "As-Built' post-development elevations and grades of all filled : or altered wetland resource areas including the encompassing buffer zone which is regulated as a wetland under the local wetland bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, and approved decks. C:\Winword\OOC\242-922/NACC#9.doc 9 NACC 9/3/98 DEP FILE #242—921/NACC#9 ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes aU disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 49. The following special conditions shall survive the issuance of a Certificate of Compliance (COC)for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-921. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC(refer to Section XI (page 18) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants (Condition#43); ➢ Prohibition of underground fuels (Condition#44); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #45). C:\Winword\OOC\242-922/NACC#9.doc 10 NACC 9/3/98 DEP FILE#242—921/NACC#9 Appendix "A" AFFIDAVIT I, on oath do (authorized agent applicant and/or current owner) hereby depose and state: (PLEASE CHECK AT LEAST ONE BLOCK 1. I am the of (position with applicant) (applicant none or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. 2. I am the of (position wick owner) (owner Pane) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this day of 199_ I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19_. (Signature-authorized agent of applicant or owner) C:\Winword\OOC\242-922/NACC#9.doc 11 NACC 913198 F NACC 49/242-921 Issued By: NORTH ANDOVER CONSERVATION COMMISSION Signatures: I NI - .,4,f I A 1� ,G ro Th' Order must e signed by a majority of the Conservation Commission On this 2nd day of September 1998 , before me personally appeared Albert Manzi, Jr. to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. December 11, 2003 Notary Public My commission expires The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed 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 right to request the Department of Environmental Protection to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the Department with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7)within ten days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery 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 COMMISSION prior to commencement of work To:NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority Please be advised that the Order of Conditions for the project at File Number 242-921 has been recorded at the Registry of Deeds,Essex North District and has been noted in the chain of title of the affected property in accordance with General Condition 8 on 19 If recorded land,the instrument number which identifies this transaction is If registered land,the document number which identifies this transaction is Signature Applicant si0tiC,1tFi 10.99 Form 5 I oEP Ft19 r40. f 242-921 J (10 rM avvws­j t y UEPJ Commonwealth Ci1y.Town North Andover of Massachusetts Anto>ze1li AoahCant c�ti iR f Order of Conditions Massachusetts Wetlands Protection Act O.L. c. 131 , §40 and under the Town Qf North Andover' s Bylaw Chapter . 178. From NORTH ANDOVER CONSERVA'T'ION CO!LHISSTUN� To Margret Antonelli Same (Name of Applicant) (Nance of property owner) 1117 Gatewood Drive Address Alexandria, VA 22307 Address This Crder is issued and delivered as follows: C1 by hand delivery to applicant or representative on (date) by certified mail, return receipt requested on S/� (dole) rhis project is located al Map 104-D, Parcel 1 Christian Way The property is recorded at the Registry ofNnrrhe rn raaey _ Ecok 1725. Page 225 Certificate (if registered) The Notice of Inten( (cr this project was filed on July 24, 1998 (dale) The public hearing was closed on October 7, 1998 (dale) Findings The North Andover Conservation Commission has reviewed [Ile 3beve•referonCed1 tJotiCe -�f Intent and plans and has held a public hearing on the project. Based on (tie inicrmatrcn avarl<lcle to the N:1CC at this time, the _ hr,s delerrnn,ed Ih�l _-1�� (' lthe area on which the prccosed work is to be done its significant to the following interests in accoronr:ce v,101 the Presumptions-of SignificaCtne ;aJgorJ in the rRecrat gion ns for each Area Subject to Prclec"U Cinder Me Act (check as appropriate): Ch. 178: Prevention of Erosion & Sedimentation Ch. 178 X Wildlife Pubitc water sup;.ly Flood control E� L.-ind ccr1t31ni1)g Shellfish Private water suppsuly Storm damage prevention � Fisheries � n f wildlile habitat o 1 Creund water cs�ly L�9 Prevention venon cl pcitutien � r.ctec,rc. Total Fiiino Fie Submitted $525.00 State Share 50.0 0 City[Town Share $275.00 ( . lee in Mr.ccss of S2�1 Total F,e(und Due S City/fcwn Portion S Slate Pdrliotn S ('/z total) (t/z total) DEP FILE #242 -921 Therefore, the North Andover Conservation Commission(hereafter the "NACU) hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans,specifications or other proposals submitted with the Notice of Intent,the conditions shall control. GENERAL CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection(DEP)reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information,measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this order. 5. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section VIII(p.15) of the North Andover Wetland Regulations). CAWinword\00C\242-921.doc 1 NACC 10!8/98 DEP FILE #242 -921 6. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 7. Where the Department of Environmental Protection (DEP)is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 8. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 9. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 10. The proposed work includes: Construction of a roadway,drainage system,utilities and seven(7)lots within the Buffer Zone of a Bordering Vegetated Wetland(310 CMR 10.55). 11. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Margaret Antonelli 1117 Gatewood Drive Alexandria,VA 22307 Plans prepared by: Atlantic Engineering Entitled"Definitive Subdivision" Sheets 1 through 7 DATED REV 7-7-98 Entitled"Post-Construction O&M Plan" Sheet 8 of 8 DATED 9-16-98 12. The following wetland resource areas are affected by the proposed work: Buffer Zone to 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 C:tWinword\OOC\242-921.doc 2 NACC 10/8/98 DEP FII.E #242 -921 interests of the ByLaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 13. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. Prior to the issuance of a Certificate of Compliance, the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 14. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(25') No-Disturbance Zone and a fifty foot(501 No-Construction Zone shall be established from the edge of the adjacent wetland resource area (NOTE: Waivers of this performance standard were not requested nor were they granted by the NACC). The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Appendix 5 of the local Regulations). 15. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 16. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 17. The owners of the project and their successors in title,in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject CAWinword\00C\242-921.doc 3 NACC 10/8/9$ DEP FILE#242 -921 to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 18. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 19. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 20. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 21. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words 'Massachusetts Department of Environmental Protection, File Number 242-921." 22. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the CAWinword\00C\242-921.doc 4 NACC 10/8/98 DEP FILE #242 -921 project pians or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 23. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 24. Prior to any work on-site the applicant shall submit to the NACC for approval a sequencing plan for construction and erosion and sedimentation control with supporting plans and details as appropriate. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction,including the construction of compensation and retention areas, and revegetation to be completed before other work begins on-site. 255.Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 26. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. CAWinword100C1242-921.doc 5 NACC 10/8/98 DEP FILE #242 - 921 Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request 27. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of thirty (30) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 28. A check payable to the Town of North Andover shall be provided in the amount of$31,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 29. The applicant shall be responsible for placing signs on each parcel designating the applicable lot number as depicted on the plans approved and referenced herein. 30. The applicant shall designate a professional Wetland Scientist as an "Erosion Control Monitor"to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the erosion control monitor to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all CAWinword\00C\242-921.doc 6 NACC 10/8/98 DEP FILE#242 - 921 wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 31. The applicant shall secure a"Registered Professional Engineer"to act as a clerk of the works to be approved or designated by the NACC. The Engineer will supervise the contractor and will inspect the site regularly whenever construction in or within 100 feet to wetland resource areas is in progress. The Engineer will provide weekly inspection reports to the NACC and be on-site during and after storm events so as to take responsibility for the proper functioning of drainage and erosion control systems for the project. The applicant shall provide that person's credentials and phone number for the NACC. 32. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions,the"Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the seven (7) residential lots and be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 33. Prior to construction the applicant shall be responsible for staking out the foundation corners of each respective lot and the centerline of the roadway approved under this Order of Conditions. 34. The applicant shall permanently mark the edge of the "25'No-Disturbance Zone"with signs or markers incorporating the following text': "Protected Wetland Resource Area-No Disturbance Zone"which will designate their sensitivity. This will ensure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 35. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any CAWinword\00C\242-921.doc 7 NACC 10/8/98 DEP FILE #242 - 921 conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). SUBDIVISION LOT DEVELOPMENT 36. 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. STORMWATER MANAGEMENT CONDITIONS 37.All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 38. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance of the stormwater management system shall be provided to the NACC by a Registered Professional Civil Engineer of the Commonwealth on an annual basis. 39. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the NACC. 40. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. CAWinword100C1242-921.doc 8 NACC 10/8/98 DEP FILE #242 -921 41. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 42. IMPORTANT: Immediately upon completion of each dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.)which accurately depicts the foundation location and ifs proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 43. Prior to site work associated with construction of the single family dwelling, a fieldstone wall at least 24" in height above post construction grade shall be built along the approved limit of work behind lots 3,4 and S. A detail of said wall shall be provided to the Conservation Department for review and subsequent approval prior to actual construction. 44. 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. 45. 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. 46. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 47. 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 CAWinword100C\242-921.doc 9 NACC 10/8198 DEP FILE#242-921 plaster, wire,lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 48. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 49. 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. 50.There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 51.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 52. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50'of areas subject to protection under the Act or local ByLaw. 53. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 54. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one(1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 55. No underground storage of fuel oils shall be allowed on any lot within one- hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. C:\Winword\OOC\242-921.doc 10 NACC 10!8/98 DEP FILE #242 - 921 56. Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (<5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 57. 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. 58. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. A letter from the applicant requesting a Certificate of Compliance. b. The name and address of the current landowner(s). c. Signed statements from the individual property owner(s) shall be submitted with the request for a Certificate of Compliance indicating that they have read and understood the Order of Conditionsrip 'or to purchasing their property. d. The name and address of the individual/trust or corporation to whom the compliance is to be granted. e. The street address and assessor's map/parcel number for the project. f. The DEP file number. g. A written statement from a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth certifying that work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. h. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth for the public record. This plan will include: ➢ "As-Buil' post-development elevations of all drainage& stormwater management structures constructed within 100 feet of any wetland resource area. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a wetland under the local wetland bylaw. CAWinword\00C\242-921.doc 11 NACC 10/8/98' DEP FILE #242 -921 ➢ Distances ces from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, and approved decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes My disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 59. The following special conditions shall survive the issuance of a Certificate of Compliance (COC)for this project: A 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 #242-921. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones)The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Maintenance of catch basins (Condition #45); ➢ Discharge or spillage of pollutants (Condition #54); A Prohibition of underground fuels (Condition #55); A Limitations on the use of fertilizers,herbicides, road salts, de- icing compounds and pesticides (Conditions #56). ➢ The attached "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. C:\Winword\OOC\242-921.doc 12 NACC 10!8!98 DEP FILE #242 -921 Appendix "A" AFFIDAVIT I on oath do (authorized agent applicant and/or current owner) hereby depose and state: (PLEASE CHECK AT LEAST ONE BLOCIQ 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm-and acknowledge that on this day of 199_ I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP Fite#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of — 19—. (Signature-authorized agent of applicant or owner) C:\Winword\OOC\242-921.doc 13 NACC 1018/98 242-921 Issued By: NORTH ANDOVER CONSERVATION COMMISSION Sig tures: t This Order must be signed by a majority of the Conservation Commission On this 7th day of October 19_U_, before me personally appeared Albert P. Manzi, Jr. to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My commission expires The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed 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 right to request the Department of Environmental Protection to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the Department with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7)within ten days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery 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 COMMISSION prior to commencement of work To:NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority Please be advised that the Order of Conditions for the project at File Number 242- 9 21 has been recorded at the Registry of Deeds,Essex North District and has been noted in the chain of title of the affected property in accordance with General Condition 8 on 19 If recorded land,the instrument number which identifies this transaction is If registered land,the document number which identifies this transaction is Signature Applicant I 310 CMR 10.99 Form 2 DEP File No. (To be provided by DEP) �_ � Commonwealth City Town North Andover ' of Massachusetts Aoplicant Antonelli J 110 _ :r 1/7/98 -: u Date Reouest Filed Lot at end of Christian WaAssessors Map 104D, Parcel 1 POSITIVE Determination o1'Applicability - Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority To --.---- Theodore & Margaret Antonelli Same (Name of person making request) (Name of property owner) 1117 Gatewood Drive Address Alexandria, VA 22307 Address Same This determination is issued and delivered as follows: ❑ by hand delivery to person making request on / (date) by certified mail, return receipt requested on,� � 1 F (date) —- Pursuant to the authority of G.L. c. 131 , §40, the North Andover Conservation Commission has considered your request for a determination of Applicability and its supporting documentation, and has made the following determination(check whichever is applicable): Location: Street Address Lot at end of Christian Way Lot Number: Assessors Map 104D, Parcel 1 1. The area described below,which includes all/part of the area described in your request, is an Area Subject to Protection Under the Act.Therefore, any removing,filling, dredging or altering of that area requires the filing at a Notice of Intent. BVW Wetland series only: Al to A41 as depicted on the plan entitled "Request for Determination @ Brook Farm" prepared by Atlantic Engineering dated 12/15/97. No determination was made with regards to. BLSF elevations or the-Riverfront Area. i 2. C The work described below, which includes all;part of the work described in your reauest, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area.There- fore. said work requires the filing of a Notice of Intent. = �, i Effective 11/10/89 2-1 3. ❑ The work described below, which includes all:part of the work described to your request, is within the Buffer Zone as defined in the regulations. and will alter an Area Subject to Protection Under the Act.Therefore, said work requires the filing of a Notice of Intent This Determination is negative: 1. 13 The Under the At.The area described in your request is not an Area Subject to o c 2. ❑ The work described in your request is within an Area Subject to Protection Under the Act, but will not remove,fill, dredge, or alter that area.Therefore,said work does not require the filing of a Notice of Intent. 3. ❑ The work described in your request is within the Buffer Zone, as defined in the reaulatlons. but will not alter an Area Subject to Protection Under the Act.Therefore. said work does not require the filing of a Notice of Intent. 4. ❑ The area described in your request is Subject to Protection Under the Act, but since the work described therein meets the requirements for the following exemptlon.as specified in the Act and the regulations, no Notice of Intent is required- T ANDOVER - Issued by Conservation Commission Signature(s) II . This Determination must be signed by a majority of the Conservation Commission. On this 21st day of January 19 98 before me personally appeared Joseph W Lynch Jr to me known to be the person described in,and who executed, the foregoing instrument, and acknowledged that he!she executed the same as his/her free`act and deed. Notary Public My commissionexpires 'Mi3.Delemmnatton does not relieve the applicant from complying with all other aoohcaote federal.state or local statutes.ordinances. py-taws or regulations.This Determination shall be valid for three years form the date of issuance The applicant the owner.any person aggrieved by this Determination,any owner of land abutting ine lana upon wnicri the Dr000sed 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 right to request the Deoartment of Environmental Protection to issue a superseding Determination of Applicability,providing the request is made Dv certified mad or hand delivery to the Department.with the appropriate tiling lee and Fee Transmittal Form as provided in 310 CMR 10.03(71 within ten days from the date of issuance of this Determination.A copy of the request shalt at the same time be sent by certified mad or nano delivery to the Conservation Commission and the applicant. 2-2A Notice to APPLICANT/TOWN CLERK and Certification of Action, of Plaxling Board on Definitive Subdivision Plan entitled: Definitive Subdivision at Brook Farm in North Andover, Mass. • Atlantic Engineering. & Survey Cons. dated 5/14/98,. rev. 7/79819. 7/8/98, 8/4/98 The North Andover Planning Board has 'voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith--execute and record a "covenant running with the land", or otherwise provide security-.for the con- struction of ways andthe installation of municipal services within said sub- division, all as provided by G.L. c. 41, S. 81-U-- 2. That all. such construction ,and installations- shall in all-respects conform to the governing rules and regulations of this Board. _---__ 3. That, as required`by ,the North, Andover Board of Health in its report to -this Board, no building or other structure-shall be built or'placedz upon Lots No. as. shown on said Plan.without the prior .~.consent of said Board of Health. a .4. Other conditions: - �pc _ SEE ATTACHED t.c In the event that no appeal shall have been taken from said approval within . twenty days from this date., the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. The No over P1 g B d has D PROVED s 1 , for the follo g . reason NORTH ANDOVER PLANNING BOARD Date: / ! By: Brook Farm Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision for a seven(7)lot subdivision known as Brook Farm. William Antonelli, 1117 Gatewood Drive,Alexandria,VA 22307, submitted this application on May 18, 1998. The area affected is an extension of the existing Christian Way and is located in the R-2 Zoning District. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Planning Board makes these findings in accordance with a settlement agreement between the North Andover Planning Board and Margaret Antonelli signed in November of 1997,which states in part as follows: • The eight year zoning freeze,which became applicable to Brook Farm on June2, 1988 pursuant to G.L. c. 40A, sec. 6 shall expire two years and three months from the date of the filing of the stipulation of dismissal(November 15, 1997). • Any new subdivision plan for Brook Farm shall confirm to the Rules and Regulations Governing the Subdivision of Land in North Andover in effect at the time of the submission of such plan except as noted in Condition 14. B. The Definitive Plan,dated May 14, 1998,rev. 7/7/98 includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. C. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations except as noted in Condition 14. D. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. E. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law,town by-laws and insure the public health,safety, and welfare of the town. Finally,the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: 1) Environmental Monitor: The applicant shall designate an independent environmental monitor who shall be chosen in consultant with the Planning Department. The Environmental Monitor must be available upon four-(4)hour's notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly 1 f reports shall detail area of non-compliance,if any and actions taken to resolve these issues. 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) All outstanding engineering comments as listed in a letter dated July 28, 1998 to the Planning Board from John Chessia, Coler&Colantonio must be addressed and reviewed and approved by the Town's engineering consultant. b) A Site Opening Bond in the amount of five thousand ($5,000)dollars..to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will be placed into an interest bearing escrow account. This amount shall cover any contingencies that might affect the public welfare such as site-opening, clearing,erosion control and performance of any other condition contained herein,prior to the posting of the Roadway Bond as described in Condition 4(d). This Site Opening Bond may at the discretion of the Planning Board be rolled over to cover other bonding considerations, be released in full,or partially retained in accordance with the recommendation of the Planning Staff as directed by a vote of the NRPB. c) The applicant must submit a draft covenant running with the land prohibiting fin Cher subdivision land of any lot shown on the plan for review and approval by the Planning Board. (per settlement agreement) d) The applicant must submit draft deeds for lots 3,4 and 5 containing language regarding maintenance of the landscaped cul-de-sac island. It shall be the duty of these lot owners to maintain the landscaped island in the middle of the cul-de-sac in a neat and attractively vegetated condition. Each owner shall contribute one-third of the cost of doing such work if the work is not physically done by the owners. The Town ofNorth Andover and the owners of the lots shall have the joint and several right to enforce this provision. The restriction shall run with the land. A sample copy of the proposed language is available in the Planning Office. e) The final subdivision plans must be reviewed and approved by the outside consultant,the Planning Department and D.P.W. fl A covenant(FORM 1)securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition 4(d). g) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. h) All application fees must be paid in final and verified by the Town Planner. 2 i) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's decision. A full set of final plans reflecting the changes outlined above,must be submitted to the Town Planner for review endorsement by the Planning Board,within ninety (90) days of filing the decision with the Town Clerk. j) The Subdivision Decision for this project must appear on the mylars. k) All documents shall be prepared at the expense of the applicant,as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. 3) Prior to ANY WORK on the site, a) Orange fence or yellow caution tape must be placed at the edge of the tree canopy of the limit of clearing line as shown on the plans. The Planning Staff must be contacted prior to any cutting and or clearing on site. As many trees as possible must be preserved on the site outside of the limit of clearing line. b) All erosion control measures as shown on the plan and outlined in the erosion control plan must be in place and reviewed by the Town Planner. 4) Prior to any lots being released from the statutory covenants: a) Three(3) complete copies of the endorsed and recorded subdivision plans and one(1)certified copy of the following documents: recorded subdivision approval,recorded Covenant(FORM I),recorded Growth Management Development Schedule,and recorded FORM M must be submitted to the Town Planner as proof of recording. b) All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall determine whether the applicant has satisfied the requirements of this provision prior to each lot release and shall report to the Planning Board prior to a vote to release said lot. c) The applicant must submit a lot release FORM J to the Planning Board for signature. d) A Performance Security in an amount to be determined by the Planning Board,upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional.approval. The bond must be in the form of a check made out to the Town of North Andover. This check will then be placed in an interest bearing escrow account held by the Town. Items covered by the Bond may include, but shall not be limited to: i) as-built drawings ii) sewers and utilities I 3 iii) roadway construction and maintenance iv) lot and site erosion control v) site screening and street trees vi) drainage facilities vii) site restoration viii) final site cleanup 5) Prior to a FORM U verification for an individual lot,the following information is required by the Planning Department: a) An as-built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer appurtenances for use. b) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 4(c)above. c) A plot plan for the lot in question must be submitted,which includes all of the following: i) location of the structure, ii) location of the driveways, iii) location of the septic systems if applicable, iv) location of all water and sewer lines, v) location of wetlands and any site improvements required under a NACC order of condition, vi) any grading called for on the lot, vii) the limit of clearing, viii)all required zoning setbacks, ix) Location of any drainage,utility and other easements. d) All appropriate erosion control measures for the lot shall be in place.The Planning Board or Staff shall make final determination of appropriate measures. e) Lot numbers,visible from the roadways must be posted on all lots. 6) Prior to a Certificate of Occupancy being requested for an individual lot,the following shall be required: a) Prior to occupancy of Lot 7, white pine trees must be planted along the boundary between the existing home located at 116 Christian Way and Lot 7 to provide and adequate screen as determined by the Planning Board between the existing home and the proposed home. b) Sprinkler systems must be installed in all homes per NAFD requirements. 4 c) The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat,the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built,certified by a professional engineer,verifying that all utilities have been installed in accordance with the plans and profile sheet. d) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health,and Conservation Commission. e) Permanent house numbers must be posted on dwellings and be visible from the road. t) There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold.The Planning Board requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position. 7) Prior to the final release of security retained for the site by the Town,the following shall be completed by the applicant: a) The applicant is expected to make a contribution to the sidewalk fluid an amount equal to the cost of constructing a sidewalk along one side of the roadway as determined by the DPW. b) An as-built plan and profile of the site shall be submitted to the DPW and.Planning Department for review and approval c) Certified copies of the recorded deeds to lots 3,4 and 5 must be submitted to the Planning Department for review. These deeds must contain Language regarding the maintenance of the cul-d-sac island as required by Condition 2(d)above. d) The applicant shall petition Town Meeting for public acceptance of the street.Prior to submitting a warrant for such petition the applicant shall review the subdivision and all remaining work with the Town Planner and Department of Public Works. The Planning Board shall hold a portion of the subdivision bond for continued maintenance and operations until such time as Town Meeting has accepted(or rejected in favor of private ownership)the roadways.It shall be the developer's responsibility to insure that all proper,deeds and easements have been recorded at the Registry of Deeds. e The Applicant shall ensure that all Planning,Conservation Commissi o , Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. 5 II_ 8) The applicant shall adhere to the following requirements of the Fire Department: a) Open burning is allowed by permit only after consultation with the Fire Department. b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 9) There shall be no burying or dumping of construction material on site. 10)The location of any stump dumps on site must be pre-approved by the Planning Board. 11)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 12)Gas, Telephone, Cable,and Electric utilities shall be installed as specified by the respective utility companies. 13)Any action by a Town Board, Commission, or Department which requires changes in the roadway alignment,placement of any easements or utilities,drainage facilities, grading or no cut lines,may be subject to modification by the Planning Board. 14)The following waivers from the Rules and Regulations Governing the Subdivision of Land,North Andover,Massachusetts,revised February, 1989 have been granted by the Planning Board: a) Section 7(A)(4)Dead-End Streets: The Planning Board has determined that it is in the public interest to waive this section in order to allow a dead end street of substantially the same length originally approved for the Brook Faun Subdivision in 1988,provided that sprinkler systems are installed in each of the homes to be built in the new subdivision. (per settlement agreement) b) Section 7(D) Sidewalks: The Planning Board has determined that it is in the public interest to waive this section as this subdivision will extend an existing roadway which does not and will not have sidewalks constructed on it. The applicant will be expected to make a contribution to the sidewalk fund an amount equal to the cost of constructing a sidewalk along one side of the roadway as determined by the DPW. 15)This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: a) Plans Entitled: Definitive Subdivision at Brook Farm North Andover,Mass. Prepared for: Margaret Antonelli 1117 Gatewood Dr. Alexandria,VA 22307 6 Engineer: Atlantic Engineering&Survey Consultants Inc. 97 Tenney Street—Suite 5 Georgetown,MA 01833 Date: May 14, 1998,rev. 7/7/98,7/8/98, 8/4/98 Sheets: 1 through 7 b) Reports entitled: Hydrologic Report for Brook Farm Definitive Subdivision N. Andover,MA Prepared by: Atlantic Engineering&Survey Consultants Inc. 97 Tenney Street—Suite 5 Georgetown,MA 01833 Date: 5/12/98 CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Brook Farm-subdivision 7 - - L 03/19/98 TUU .16:50 FAX 202 708 7494 OIG/JA-W Z001 ritir:-i _3„jHTLwt4TIL' . Et4GIIIEER1NG a':3 'i=ii REE;;:Al . J 0 Y 0 E RRAC� fAW TOWN CLERK NORTH ANDOVER TORM-Nag 20 2 55 AN ' 6 A OF—A PRELIMINARY PLAN March 19 19 99 z o ca To the Planning.Board*f the Town of North Andover. s he undersivned, beinge the applicant as defined under Chapter 41. Section 8l-L, for approval of a proposed subdivision shown on a plan entitled c=�` i i ;,;; z,si6h P60 ;,i '"'rook Farm in North Andover, MA -By�rLnit Wanda” Snrd����� Dated F�Ul , � 191 ..�. Being land bounded as follows: fora the Fast. 1jortli and West.Ryland of E•sex QuisIX Green glt(Marr 104C u airs :3i�u i►y a.:riis u� YtViJCY vc Li eu s a�li@r(A Iapll04D Parcel 130). rittian 'ey Una Dy lando crya joyce ager rap 104LO pamel 138) Hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the Rulcs and Reguiations of iho North Andover Fianning Board and makes application to the board for approval or said pian. Title reference: North Essex Deeds,Book ^�, Page� ;or Certificate of Title No. , Registation Book , Page ; or Other; L.CC 39787 L.C.C. 36903 L.C.0 39786 Plan 10469, 11197 A p i s iqtr tut Received by Town Clerk: +I.. . ,r, rn Applicant's address 1117 Gaecwood Dr Date. Alexandria,VA 22307 Time: Signature: Owner°s signature and address if not The applicant: Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Preliminary Subdivision Plan entitled: By: Dated 1. The North Andover Planning Board has tentatively approved said plan,with- out any modifications thereof. 2. The North Andover Planning Board has disapproved said plan, for the Following reasons: 3. The North Andover Planning Board has tentatively approved said plan, Subject to the following modifications thereof: Very truly yours NORTH ANDOVER PLANNING BOARD By Date: AB LITTER'SLISW Abutter's List To: Owner: MARGARET ANTONELLI Assessor Map: 104D Parcel : 1 1117 GATE WOOD DR, CHRISTIAN WAY,N. ANDOVER ALEXANDRIA, VA. 22307 ALAP# EARCEL # OWNER QP RECORD MAILING-ADD-RM 104D 130 - Robert &Ellen Parker 111 Christian Way,N.Andover,Ma.01845 104D 131 Kevin Hanley 101 Christian Way,N.Andover,Ma.01845. Elizabeth Hanley { 104D 132 Robert Kirk 89 Christian Way,N.Andover,14a.01845 Ching Lien Kirk 104D 136 James&Mary Sherlock Jr. 80 Christian Way,N.Andover,Ma.01845. 104D 137 r David&Karen Holt. 108 Christian Way,N.Andover,Ma.01845 104D 138 Gary&Joyce Hager 116 Christian Way,N.Andover,Ma.01845 104D 139 Joseph&Patricia Carrolo 50 Christian Way,N.Andover,Ma.01845 AND 140 t Daniel& Joan Levangie 32 Christian Way,N.Andover,Ma.01845•. C-REGv/?y2 P&M El-,q t3i,-k,0 104D 141 —-a3ruce-&-Jes*n-Bothwell-- 20 Christian Way,N.Andover,Ma.01845' 104C 29 Essex County Green Belt 82 Eastern Ave. Essex,Ma. 01929 D:\win97.fil\brook-abu.wpd S G� l 71x9 d "FF+p'•`.l'4fi •�#N17 a t. :%z✓.J fy 1 i" \�!•., w. ,.„.,,, ;•, , �h�ftitsl� \\�, mt �'t x '�•1`�J� ��r �1 ���� �1 �`�`\\[iroo side !•'�. � A � •i�, :�j Y, 1�� t ff jl�ll � �i �� \\ ` �CC / ��-' 1f.,�-,° 0 � t\_. _�� li! �:. 3t I;Ct , �, * ,� '1.., � ;�V�;i�•' (I � �F\5 0 '�\\ � \•�,;• � \ 1�'� 1. . °'_''•J..� • .'%7� : e�'I•i i:. 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(�'%� _�w-� _ .. _` � .• .-..../n 1�.•n. x �o4—i-rNl..� � C1".�¢ 1i � � lO\� �\1) �r j-�� �l �.�,����J\~'. o�f. l 0UTH GROVELAND MASS. !� N4237.5—W7100/7.5 / I0) '••••'1• , U DO _ /.�\ o.t\'• 1' _-r,•A J \p y (1 1966 PHOTOREVISED 1979 \\L\• kms°�� ° �l tglr � n 1,•'.� 49v`� AMS 6769 11 NE—SERIES V814 '`Wil: �' �� ���so ::, / °�/.•fin,. „ , . - --,-,) ��•�•�_ -�:-%IIiC11u�,;1 � �:`:. tea:= -��Ir_r�•.; 'k).;:.�„ N°l. ':� _a=G%1 �ir11�tl� SI�o ,:, �.n.e_i.a.a_i-nn:___MUTT _h.n._An_..S1nLW-08 __^,hII..^AOA`. 05/14/98 THU 09:49 FAX � 7 494 GIG/JA-IV • f3j 001 r • JOYCE 81AD15 HAW TOWN 0LL , NORTH MOV R • FORM 0 1 31 J APPLICATION 'POR APP AL OF PAN May 14 , 19 96 To the Planning Hoard of the Town of North Andover: The undernignod, beic g the applicant a3 daf juad under Chapter 41t Section- 81—Li for apprCFral of al proposed stzbdiviolqu shown on a plan =tiklGd Definitive Subdivisiorn at Brook Farm �.. by A E S C I dated 1� � 1� Ill�i�I�����iPl�y�■ being'land bowUded ao follows% 0, the East, North & West , By i.-and of Essex County Green Belt (Map 104C Parcel 29) & the South by Land of.- -Robert & Ellen Parker--(Map104D Parcel 130 Christian Way & by land .oaf Gamy-`& . Joyc:e Hager (Map 104D parcel 138 nerc)by 3ubm is saa3.d plan as a D.HFI=T= plan in accard&de..with-the.Rules and ..• Regulations of tho North Andover Plug Hoard and makc a application tp the ;Board for approval of aald plan. T3t1Q Rcferetsce. North Essax poach, Bock +„� Pago j Qr Certifi.oate of TitIc No. , Raglatration'Bo©k „_t p.agb,_„Y Oth6r* LCC. 39787, 1,Cr.. 36903 , TCC . 39786...• � ... .� Plan 10469, 11197 Said Plan haa(x) has not( ) evolved .from a prealiativazT plan—submitted to .:..the Board of Nargh2n 19 O R and approved (with madi£:,ca.tions)- � ) dio upgrov ed (x) 03% !---Am Y i ..i.� r� *19 98..■..• The ubdersigned hearabj applia3 :or the approval of said ALFTHTTM p1a= by the Board, a4d in f=-t}ierauc+a thereof hereby agrees to abide by the Board'a Rales =d H0904tiotaa.• The* uadarsigue4 hsareby furthor covar6aMts a9. agrees with the Toxo of 17ortbt AAdover, upon approval of said DEFITR7TM p3.= by tho Board: _ ... 1. To inatajj.utilttioa in accordance with the =2== and raga lsti.ona• of the an Pling Board.# tote Public Worisa Dopartmoutt the Highway 451=e yor, the Hoard of Hesalth# and all g4aeral a9 Scall as zronIzz by—laws of said Town, $a are -applicable to the ivataltation of utjlitica pithier the limits of nay's mind streets; 2. To compIn to and coustract tho vtroots or ways and other improvements show"n thereon in accordmcea With Sections Iv and V of they Rulea axA Regulations Of the Pla.=itag Hoard and the approved DE FINITnZ pl=p prof'31e3 and cross sections of tktea same. Said pla% proZileay erose•-:soct:Lons and co=tructl= apocificatiods aro apocii'Ic,a3-1,Y, bg rs;(areAce, incorporated harei.a and mado a part or this application. Th3.a applicaticu aad the caves and agree— menta herein shall, ba bincapon all heirs,. dna acutore, adarini trators, sueceasora, grautoes of the whole or part) of acid land} and aaeigw of tho wadersigned; and 3. To complete the aforesaid installations and construction xithin t-wo (Z) Yea'r's from the date Woof. Racoivod by^ To= 03.ark: Data: Si$nature: of Applicant �...■�..�. - .� 1117 Gatewood Dr. Tinea i Alexandria , VA 22307 Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: By: dated , 19 The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security-for the con _. . struction of ways andthe installation of municipal services,within said sub- =- division, all as provided by G.L. c. 41, S. 81—U. - y 2. That all. such constructionand installations shall in all respects conform to the governing rules and regulations of this Board. -- �- 3. That, as required. by'the North Andover. Board of Health in its report to .-this Board, no buildiftg. .or other structure•-shall be built or placed-.upon. Lots No. as shown on saidPlan with the prior - _.__.,.consent of said Board of Health. _ 4 .4. Other conditions: In the event that no appeal. shall have been taken from saidapproval. within . twenty days from this date, the North Andover Planning Hoard will forthwith thereafter endorse its formal approval upon said plan. The North Andover Planning Board has DISAPPROVED said plan, for the following . reasons: NORTH ANDOVER PLANNII�X's BOARD Date: By: FORM i D DESIGNER.' S CERTIFICATE i 9 T0THENIi`IG BOARD OF THE TOWN OF NORTH , ANDOVER : :I n, preparing the plan :en-ti entitle e'd �C=Find ii-iyrr Sva.3�iyisioIQ OF ;Iz004 l A2na I hereby certify that the above. named plan.. and Iccompanyino data is true 'and co..rrect to the accuracy-�.requir,ed by the cur •ent Rules and Regulations Governing thee Subdivision of Land J n North . Ando ger , Massach.usetts , and My `sour'ce 0f i ��fo'r�:�ntivr� abcut the locatio shear, on said. . plan. were one or 'more of the flo11 owing I Deed from vc C�/YI�13CG t.o2 r�l�tT- A) 7-0 NS" L�, i dated /Z S��r- 19fr3 •and r�ecord'ed in the Regis-try in Book 2�� _, Page d s .� 2 . Other plans , as foIIows C'G" ' X397 Er(0 ,_ G.0 C e r 3 . Oral informa%i on fui^ni shed .by 4 . Actual measurement. on the aro.und .from a s t a, ting po.i, nt estab.1ishcd ' by _Ar!ANrim_ '0 h•er Sources Signe (Seal of Engineer cr (Rcgi'sc.ered i' rofessiona7 En.g'ineer or SUrVey.or) _ Registered Lard Surv.ey.o.r)JOHN IL .. �� dress PA U l N �d No.31725SURVT­ N .. O w FORM E •' CERTIFIED LIST OF ABUTTERS /Z_ 19 q8 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER: The undersi. c,ned , being an applicant for approval of a Definitive Pian of a proposed subdivision entitled '�'2ac�r� F thLry\ submits the following sketch of the land. in the subdivision listing the names of the adjoining owners in their relative positions and indicating the address of each abutter on the sketch or in a separate list , in cludina owners of land separated from the subdivis•io only b a stree . Sig atu e of PP ican • i � l ? r�TATEWcc�-p �2 Address 19 TO THE PLANNING BOARD OF THE -TOWN OF NORTH ANDOVER : This is to certify that at the time of the last assessment for taxation made by the Town of North Andover , the names and addresses of the partiE assessed as adjoining owners to the parcel of land shown above were as above written , except . a•s follows : Assessor N AB UTTiER'S.LIST Abutter's List To: Owncr: MARGARET ANTONELLI • Assessor Map: 104D Parcel : 1 1117 GATE WOOD DR. CHRISTIAN WAY .,N. ANDOVER ALEXANDRIA, VA. 22307 P# BARCEL # O HVER OF RECORD MAILLEG AD,nRESS 104D 130 Robert&Ellen Parker 111 Christian Way, N.Andovcr,Ma.01845 104D 131 Kevin Hanley 101 Christian Way,N.Andover,Ma.01845 Elizabeth Hanley t 104D 132 J Robert Kirk 89 Christian Way,N.Andover,Ma.01845 Ching Lien Kirk 104D 136 v James&Mary Sherlock Jr. 80 Christian Way,N.Andover,Ma.01845, 104D 137 David&Karen Holt, 108 Christian Way,N.Andover,Ma.01845 104D 138 Gary&Joyce Hager 116 Christian Way,N.Andover,Ma.01845 104D 139 JJoseph&Patricia Carrolo 50 Christian Way,N.Andover,Ma.01845 32 e-h r i s i(rkti u. pct_(-(, i ro s C.ca.'ttamTrt© i' t9 ;104D 140 Dom- ��,:,o0 3Cliristian Way,N.Andover,Ma.01845 6-94GURy4,AM FSA OJIi'/]' 104D 141 •-+'Bruce-&-Jossl-yn-BcLthwell--- 20 Christian Way,N.Andover,M, a.01845' 104C 29 JEssex County Green Belt 82 Eastern Ave. Essex,Ma. 01929 . D:\win97.fil\brook-abu.wpd l 17 _ 1 MABBACHUBETTB QUITCLAIM D[aD BHOnT rORM {INDIVIDUAL) Oaf `P&Z 2.S of A!!i!d'E NC E' , ��5'!'� County,ICiLBdSNtltBd[!i feeing aw»naffed,for consideration paid,and in full consideration of IVO M/NA L grantsto Margaret Antonelli w of Alexandria, Virginia with quUslutm ratttuunto thelandia North Andover, Essex County, Massachusetts, commonly known - as "Stevens Lot" containing about ten and one half acres, bounded as follows: LDacripton and encumbrances,Y any) SOUTHERLY by land formerly of Berry and 0, N. Foster; NORTHWESTERLY by land formerly of Calvin Rea; EASTERLY by land formerly of Calvin Rea, as the walls stand. For title reference see deed, from John Murphy to Ann Smith dated December 28, 1900, recorded with the Essex Northern Registry of Deeds at Book 350, Page 461. There are no new boundaries created by this deed. 31111tfrBB his hand and seal flus».._& r-4 day of...,�_aJi7c. 6e r 19.83 _. .. _..__... ....._...»._...__.........._......._.................. ��j.Gi/ _......_..............._......_.................................... STATE Or f4�L.=tl r �itrt�mtaataaxloa�lpca�c�nu�accl Essex,' u. September 12,' t9 83 Then personally appeared the above named Paul C. Campbell and acknowledged the foregoing instrument to be his free act and deed,before me /.•• N•.•'' ..�:/�..... ......._.. a/�:./t .................. Geraldine F. Shea Notary Fublie� Mr commission mpira G/6/8G x0c (*Individual—joint Tenants—Tenants in Common. _ ( GJAPfER 163 SEC 6 AS AMENDED BY CHAPTER 497 OF 1969 Every deed presented for record%hall contain or hart endorsed upon It the full name,residence and post office siWreu of the ggrantee and a wiul of the mnount of the full consideration thereof in donan or the nmum of the other consideration therdor•if not aklimred for a specific motetsq sum.•rhe full consideration shall mean the told prim for the center snce without deduction Sot any liens of encumbnlHa osutncd�tie gums or remaining thereon.All such endorsements sial secitaloshall be recorded m part of the deed. Failure to comply with thea section stall not affect the TAlidity of say deed.No register of deeds shall accept a deed for recording unleu it is in coaoplisnce with the acquirements of this section. LAW OFFICES GARY S. SACKRIDER 19 NORTH STREET SALEM,MASSACHUSETTS 01970 fV Z C3 3* (508) 745-8850 GARY S. SACKRIDER n March 28, 1994 Town Clerk Town of North Andover 120 Main Street North Andover, Massachusetts RE: NOTICE OF APPEAL Dear. Sir : On behalf of Margaret Antonelli of 1117 Gatewood Drive . Alexandria, Virginia, owner of the Brook Farm Subdivision and pursuant to M.G.L. c. 41 , sec. 81BB, I am hereby notifying you of her appeal from the March 1 , 1994 , decision of the North Andover Planning Board, which revoked the Brook Farm subdivision. A copy of the Land Court complaint is being provided herewith . Note that this action is slightly different from the one given to you on- March 21 , 1994 . Yours truly, Oa,�t/V�_ Gary S . Sackrider Enclosure HAND DELIVERED on March 29 , 1994 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS . LAND COURT DEPT. MISC . NO. MARGARET ANTONELLI , Plaintiff ) } V. ) RICHARD NARDELLA, JOHN SIMONS , ) COMPLAINT JOSEPH MAHONEY, RICHARD ROWEN } and JOHN DAGHLIAN . AS THEY ARE } THE MEMBERS OF THE PLANNING ) BOARD FOR THE TOWN OF NORTH ) ANDOVER, Defendants } 1 . The plaintiff , Margaret Antonelli resides at 1117 Gatewood Drive , Alexandria, Virginia, and she is the owner of the real property at issue in this proceeding , and has been at all times relevant hereto . 2 . The defendant Richard Nardella resides at 63 Haymeadow Road , North Andover, Massachusetts. 3 . The defendant Mr. John Simons resides at 25 Ironwood Road , North Andover , Massachusetts . 4 . The defendant Joseph Mahoney resides at 24 Millpond, North Andover , Massachusetts . The defendant Richard Rowen, resides at 102 Barehill Road , North Andover, Massachusetts . 6 . The defendant , John Daghlian, 1440 Salem Street , North Andover, Massachusetts . 1 . All of the defendants collectively consitute the total membership of the Planning Board for the Town of North Andover . Hereinafter the Plann ng Board for the Town of North Andover shall be referred to as the "Board" . w 8 . On March 18 , 1987 , the plaintiff submitted an application for preliminary subdivision approval for a subdivision designated as Brook Farm to the Board. 9 . This was followed on October Io , 1987 , with an application for definitive plan approval for the Brook Farm subdivision . 10 . In May, 1987 , the Town rezoned the land located with Brook Farm to two acre zoning where it had previously been one acre zoning . 11 . On December 18 , 1987 , the Board approved the Definitive Plan for Brook Farm. 12 . In January, 1988 , the plaintiff submitted an application for modification under c . 41 sec . 81W relative to Brook Farm. 13 . On March 3 , 1988 , the Brook Farm subdivision modification was approved. 14 . The final plan was signed and duly recorded later in 1988 . 15 . Even though the adjacent subdivision ( Turner Estates ) was required by the Board, as a condition to their approval , to provide access to Brook Farm for the continuation of the road , the Board substantially delayed taking any action to force Turner Estates to comply with that covenant or to complete the road leading to the Brook Farm subdivision. In fact , in July, 1988 , the Board granted Turner Estates an unconditional extension to complete the road , even though the Board knew that the plaintiff' s access to Brook Farm had been denied and obstructed by the principals of Turner Estates ( one of which was a member or recent former member of the Planning Board) . 16 . In May, 1990 , the plaintiff filed suit in Essex Superior Court to obtain access. 17 . In May , 1992 , the access road was accepted by Town as a Town road , making the Superior Court suit moot . 18 . In October , 1993 , the plaintiff's attorney was notified by Town Planner that an extension was needed relative to the time for completion of the road extension into Brook Farm. Prior to this time , the preceding Town Planner had told the plaintiff that no request for extension was needed, as the 4 time periods had been tolled due to the litigation referred to above and the town was aware of the access denial . � 19 On October 28, 1993 the plaintiff requested such • , p q an extension from the Planning Board. 20 . The Planning Board never acted on the extension request . 21 . In February , 1994 , the Board instituted a hearing for the rescission of the Brook Farm subdivision for failure to complete the road and for failure to request a timely extension. At the public meeting on March 1 , 1994 , citing only these two reasons at the time the motion was voted, the Board voted to rescind the Brook Farm Subdivision under c . 41 , sec . 81W . 22 . On March 21 , 1994 at 3 : 39 P.M. the written decision of the Planning Board was filed with the Town Clerk on March 21 , 1994 . A copy of that decision is attached as Exhibit A to this complaint , and is hereby incorporated by reference . This was about 4 hours after the plaintiff had filed Land Court suit *204631 and delievered a notice of said suit to the Town Clerk. COUNT ONE 23 . This is an action brought pursuant to M.G. L. c . 41 , sec . 81BB , to appeal from the March 1 , 1994 , decision of the North Andover Planning Board. 24 . In revoking the Brook Farm subdivision, the Board acted in an arbitrary, unreasonable and capricious manner , and in doing so , they exceeded their authority. 25 . The plaintiff is a person aggrieved by said decision of the Planning Board. 26 . A Notice of Appeal was hand delivered to the North Andover Town Clerk ' s office pursuant to M.G.L. c . 41 , sec. 81BB, along with a copy of this Land Court complaint , on March 29 , 1994 , prior to this complaint being filed with the Land Court. COUNT TWO 27 . This is an action seeking declaratory judgment brought pursuant, to c . 231A, sec . 1 , with underlying Land Court L Jurisdiction found at c. 240, sec . 14A and c. 185 , sec . 1 .71/2 . 28 . The plaintiff reasserts the allegations set forth above . 29 . If the plaintiff prevails in Count One , the plaintiff desires to proceed with the construction of the road and other incidents of completing her subdivision. However , the Board recently indicated at public meetings that felt they could and would impose upon the plaintiff the requirements of current zoning by-laws and current subdivision rules and regulations , if they had not revoked the subdivision . They have openly discussed modifying the subdivision to impose these conditions or alternatively requiring a new submission . 30 . These public statements have cast doubt on the validity of the plaintiff ' s subdivision and to what extent it can be modified. This in turn has interferred with the plaintiff' s attempts to market the property. 31 . The plaintiff contends that the planning board is limited by the zoning by-laws and subdivision regulations in existance at the time the preliminary plan was filed. The defendants contend otherwise . The defendants contend that they can use c . 41 , sec. 81W to force an old subdivision to comply with new regulations . 32 . This is a real despite between the parties which will resurface when the revocation is annulled . 33 . Furthermore , the defendants have refused to grant the plaintiff ' s request for an extension in the road construction and this interfers with her ability to complete and/or sell the property . 34 . Alternatively , if the revocation is not annulled, Murphy v. Planning Board of Norwell , 5 Mass . App. Ct . 393 ( 1977 ) , seems to provide that the petitioner can merely refile with the Board. However, there is no clear statement as to which regulations would be applicable in that case , the old or the new. So either way, there is a real controversy between the parties concerning the application of zoning by-laws and subdivision regulations to Brook Farm Subdivision. WHEREFORE, the plaintiff demands that this court : 1 . Annul the revocation decision made by the North i Andover Planning Board. 2 . Enter a declaratory ,judgment establishing : ( a) that the Brook Farm Subdivision is subject to the North Andover zoning by-laws and subdivision regulations in existence on March 18 , 1987 , whether the revocation is annulled, or if the revocation is upheld and the application is seasonably resubmitted; (b) that the eight year protection period established under c . 40A, sec. 6 was tolled during the period when the plaintiff was denied access to her subdivision as well as for the period of this lawsuit ; 3 . Order the defendants to grant the plaintiff an unconditional one ,year extension in accordance with plaintiff' s request of October 28 , 1993 , effective as of the day of this court ordered vote by the Board; 4 . Declare that the Planning Board is estopped to penalize developers for relying upon representations made to them by the town planner; and 5 . Take such further action as the court deems .just and proper so as to allow the plaintiff to proceed with her subdivision . By her attorney, Gary S . Sackrider 19 North Street Salem, Mass . 01970 Tel : 745-8850 B.B.O. #437360 ` RECCly D Ems i E..NORTH � TOW;' CLU- AMENDMENT,MODIFICATION OR RESCISSION OF DEFINITIVE PLAN APPRYER Z 3 PR March 16, 1994 NORTH ANDOVER TOWN CLERK It is hereby certified by the North Andover Planning Board that at duly called and properly posted meetings of said Planning Board, held on February 15, 1994,and March 1, 1994,the North Andover Planning Board voted pursuant to Massachusetts General Laws,Chapter 41,Section 81-W,to RESCIND the approval of the Definitive Subdivision Plan of land entitled Brook Farm owned by Margaret S. Antonelli of 1117 Gatewood Drive, Alexandria,VA, said plan dated: 10/15/87, and revised 3/3/88 by Atlantic Engineering& Survey Consultants, Inc., and recorded at the North Essex Registry of Deeds,Plan #11197, and decision dated Dec. 18, 1987, and modified dated Mar. 3, 1988, (decisions not recorded) for the following reasons: 1. Failure to adequately secure the subdivision.As stated in condition 8 of the covenant secured for this subdivision and dated April 27, 1988, the covenant expired two years from the date of endorsement of the definitive plan. The definitive plan was endorsed on June 2, 1988. Therefore the covenant expired on June 2, 1990. 2. Failure to comply with the conditions of the application for the approval of the subdivision. The application for approval of a definitive plans states jt)he undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE PLAN by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department,the Highway Surveyor,the Board of Health,and all general as well as zoning bylaws of said Town,as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections IV and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE PLAN,profiles and cross sections of the same. Said plan,profiles, cross sections and construction specifications are specifically by reference,incorporated herein and made part of this application. This application and the covenants and agreements herein shall be binding upon all heirs, executors, administrators,successors,grantees of the whole or part of said land,and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two years of the date hereof." The date of the application is October 16, 1987. This condition required the applicant to install the utilities and construct the streets by October 16, 1989. It is a policy of the Planning Board to allow applicants to request an extension,in one year increments,to this condition. The applicant never sought any extensions. Pursuant to MGL Ch. 41 Sec. 81-W, this RESCISSION shall take effect when the plan as originally approved, or a copy thereof, and a certified copy of the vote making such RESCISSION,and any other plan or document referenced in the vote are duly recorded by the Planning Board at the North Essex Registry of Deeds. It is the finding of the Planning Board that as no lots in the subdivision have been sold or mortgaged in good faith and for valuable consideration no consent to rescission is required. N.B.: The Planning Board should be notified Immediately of any appeal regarding this subdivision Rrscission of approval made to the Superior Court within the statutory 20-day appeal period If no appeal is filed with your office, the Planning Board should be so notified at the end of the 20-day appeal period , so that the originally approved plan may receive an appropriate endorsement, and be recorded along with a registered copy of the certified vote amending/modifying/rescinding the approval. A TRUE COPY,ATTEST: AL" Clerk, North Andover Planning Board Duplicate copy sent to applicant: (Date) North Andover Planning Board ATTEST: A True Copy Tower Clerk COMMONWEALTH OF MASSACHUSETTS SUFFOLK , SS. LAND COURT DEPT. MISC. NO. 204631 MISC. NO. 204940 MARGARET ANTONELLI , Plaintiff ) V. ) RICHARD NARDELLA, JOHN 5IMONS, ) SUBPOENA DUCES JOSEPH MAHONEY, 'RICHARD ROWEN ) TECUM and JOHN DAGHLIAN, AS THEY ARE ) THE MEMBERS OF THE PLANNING } BOARD FOR THE TOWN OF NORTH } ANDOVER, Defendants ) TO: Keeper of the Records C Town of North Andover Planning Department 120 Main Street w+ North Andover, Massachusetts m You are hereby commanded to appear at the Land Courr; Pemberton Square, Boston, Massachusetts on June 2, 1995 •at 10 : 00 A.M. to testify on behalf of the Plaintiff in the above-entitled matter . You are required to bring with you and otherwise produce for inspection and copying the following materials at the above time and place: 1 . North Andover Subdivision Rules and Regulations 1981, revised June, 1986, 2 . North Andover Subdivision Rules and Regulations as revised in 1989 , 3 . Brook Farm Preliminary Plan filed March 18, 1987, 4 . The Certificate of approval and conditions of approval for Brook Farm dated March 2, 1988, 5 . Letter dated October 28, 1993, from Gary S. Sackrider relative to Brook Farm extension request, 6 . Letter dated November 17 , 1993 from Kathleen Coldwell to Gary S. Sackrider, 7 . Letter dated March 3, 1994 from Kathleen Colwell to Gary S. Sackrider , 8 . Letter dated March 18, 1994 , from Gary S. Sackrider to North Andover Town Clerk with copy of Land Court complaint, 9 . Letter dated March 21, 1994, from Daniel Long to Gary S. Sackrider , 10 . The rescission decision of the Planning Board dated March 21 , 1994 , 11 . Notice of Appeal delivered to the North Andover Town Clerk ' s office on March 29, 1994, and 12 . Letter dated March 28, 1994, from Gary S. Sackrider to North Andover Town Clerk with copy of Land Court complaint . court . If you fail to appear, you may be held in contempt of Dated : May 24, 1995 lag Notar Public My commission expires: Notice to APPLICANT/TOWN CLERK and Certification of Action of P3 on Definitive Subdivision Plan entitled: MINAW 0 is f "Bgook Farm" By: -4t1_ant;c Eneineeriag. Survev dated January 11, MIR"i 11 8 Consultants �� ��� The North Andover Planning Board has voted to APPROVE said plant subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- division, all as provided by G.L. c. 41, S. 81-U. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. 4. Other conditions: See Attached: NOTE: This decision supercedes the Planning Boards original decision issued on December 18, 1987. In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plana The North Andover Planning Board has DISAPPROVED said plan, for the following reasons: FORTH ANDOVER PLANNIM BOARD Date: March 2, 1988 By: Paul A. Hedstrom, Chairman s BROOK= FARM DEFINITIVE SUBDIVISION FERC CONDITIONAL APPROVAL �pY,rga f,� c�Q �tiElq{ZJER 4 . The 100 year flood elevation and wetland b undary t is indicated on the subdivision plan, as ap vid k�141 � Conservation Commission. a^ 5. All septic system designs be approved by the Board of Health prior to a building permit being issued for any lot within this subdivision. 6. That all homes located in this subdivision be residnetially sprinklered in accordance with the NFPA 13D and the requirements of the North Andover Fire Department . 7 . Any changes on the plans required by the North Andover Conservation Commission may be subject to modification under Chapter 41 by the Planning Board . 8 . A filed dismissal of the Superior Court Case regarding the preliminary denial of this subdivision be obtained by the Planning Board prior to the recording of the plan with the Deeds Office. 9. Water main be extended on CHristian Way withan 8" pipe installed 10 ' fromthe center line. Mains shall be 52 Ductile Iron Cement lined waterpipe installed 5 ' below grade. All water mains shall pass leakage and pressure tests. 10. Fire hydrants shall be installed at station 3+60 and 6+70. Hydrants shall be Eddy Breakflange,Hydrants, built to North Andover specifications. Hydrant brakes shall be provided with 6" mueller or equal gate valves (open left ) . 11 . All gate valves shall comply with AWWA Specifications L500 52T , supplied with 100. 1b . sliding type gate box marked "water 12. The applicant shall supply the Town with two (2 ) traffic signs which say : "Caution Construction Vehicles in the Area" . These signs shall be. posted during the construction of this subdivision by the North Andover Police Department . 13. All lot numbers shall be posted during construction. 14. Prior to occupancy of any homes in this subdivision a binder coat shall be applied to the roadway. 15. All Planning Board Order of Conditions are to be placed on the recorded Definitive Plan, (cover sheet ) prior to endorsement and filing with the Registry of Deeds. 16. Prior to releasing any security, all drainage and detention ponds shall be installed , loamed and seeded, and certified from the design engineer with As-Built Plans detailing that all drainage is in conformance with the Definitive Plan. s 17. Tree cutting shall be kept to a minimum throughout the project in order to minimize erosion and preserve the natural features of the site. Accordingly, the developer in conjunction with a registered arborist , shall submit a tree cutting and reforesttation plan ( the plan is for areas fo substantial cutting and filling ) to be reviewed by the Planning Board . This plan shall explicity include specific trees to be retained . Also , the developer shall inform the Town Planner when significant tree cutting is to occur in order that the Planner may determine the need to be present . 18. All existing underground utilities were determined from available records and should be considered approximate only . 19. The contractor shall contact Dig-Safe at 1-800-322-4844 at least 72 hours prior to commencing any excavation. 20. Gas , telephone, cable and electric utilities shall be installed as specified by respective utility companies, 21 . All catch basins shall be protected with hay to prevent siltation into the drain lines during road construction. 22. No open burning is to be done except as is permitted during burning season under Fire Department Regulations. 23. No underground fuel storage facilities will be installed except as may be required by Town Regulations. 24. Permanent house numbers will be posted on the dwellings prior to occupancy. 25. The Town; s Phase Development Bylaw applies to this subdivision (Section 4.2 of Zoning Bylaw) 26. The cul-de-sac circle shall contain a landscaped island in accordance with the requirements of DPW. The existing trees found on-site shall be preserved within the island . 27. All drainage calculations will be reviewed and modified in conformance with Planning Board concerns. 28. A 20 ' wide access easement located on Lot #4 , as shown on revised plan dated 1 / 11 /88, shall be placed upon the subdivision plan to allow nonvehicular public access to Bruin Hill , which is czyow owned by the- Essex County Greenbelt Association. Said . -asement shall in a plaque mounted on a stone within the �4 Masement at the point where it intersects the right-of-way of caX�:C:) `�hristian Way. The plaque shall state "Public access to Essex CD L��� Bounty Greenbelt Land- No motorized vehicles allowed . " w-'caa a:p F M C1 Z tae ws The following plans are deemed approved by this decision: Plans entitled "Brook Farm, prepared by John Paulson, of Atlantic Engineering & Survey, dated , 15, October 1987, and revised Jamuary 11 , 1988, sheets 1 thur 5. cc : Director of Public Works Board of Public Works Highway Surveyor Tree Warden Conservation Commission Building Inspector- Board of Health Assessor Police Chief Fire Chief Applicant Eng i riper File aa• tr rn M C; W i 71 310 CMR 10.99 wit; Form 7 t ; DEP File No. I 242- 45233 ! '- (To be provided by DEP) == - Commonwealth City Town North Andover ` ^� = of Massachusetts %+ppttcant Margaret Smith. Antonelli "Brook Farm" Chrigt an,:WkytEktension Extension Permit Massachusetts Wetlands Protection Act G.L. c. 131, X40 North Andover Conservation Commission From: Issuing Authority To. Margaret Smith Antonelli 1117 Gatewood Drive, Alexandria, VA 22307 (Name) (Address) The Order of Conditions(or Extension Permit)issued on February 3 1993 (date) t0 Margaret Smith Antonelli (name)for work at Brook Farm - Christian Way Extension (address)is hereby extended for a period of orae (1) years) from the date it expires. This Extension Permit will expire on March 2, 1905 (date) This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. ....................................................................................................................................................... (Leave Space Blank) 7.1 Effective 11/10/89 Issued by North Andover Conservation Commission Signature(s) �---- When issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. c h On this day of /� 19 before me personally appeared C, tome known to be the person described in and who executed the foregoing instrument and acknowledged that hershe executed the same as his/her free act and deed. r• otary Public My commission expires I Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work. .................................................................................................................................................................................................................. To North Apdcyc6 r Cons eryat-Lon Cn i cai nn ISsuino Aulhorily Please be aaviseo that the Extension Permit to the Order of Conditions for the project at Brook Farm—Christian Way Fat File Number 242- 452 has been recorced at the Re^s-v of Deeds, Northern Essex ano • has been noteo in ine chain of title of the allecleo oroDerTy in accorcance with General Cona4ion 8 of the oricmal orcer of conditions on 19 It recoraea fano.the instrument number which iaenUties this transaction is It reoisterea land.the cocument number which iaenphes this transaction is 2 Signature i 310 CMR 10.99 Dfal:_ ' "4 TCS NDft,r ., ; � ' R Form 7 } pp fj rJQ �J DEP File No. 242- 452Fa i �*— (To be provided by DEP) Commonwealth City Town North Andover I� - = of Massachusetts SettsMargaretl Smith Antonelli�-_ ADPbCan "Brook Farm" Christian Way Extension Extension Permit Massachusetts Wetlands Protection Act G.L. c. 131 , §40 North Andover Conservation Commission From: Issuing Authority To: Margaret Smith Antonelli 1117 Gatewood Drive, Alexandria, VA 22307 (Name) (Address) The Order of Conditions(or Extension Permit)issued on February 3, 1993 (date) �. to Margaret Smith Antonelli (name)for work at Brook Farm - Christian Way Extension (address)is hereby extended for a period of_ona (I) year(s)from the date it expires. This Extension Permit will expire on March 1, 1994 (date) This document shall be recorded in accordance with General Condition 8 of the Order of Conditions.' ATTEST' A Time Copy Town Clerk (Leave SDace Biank) 7.1 Effective 11/10/89 Issued by North Andover Conservation on Signature(s) When issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. On this - day of19 before me personally appeared C- to me known to be the person described in and who executed the foregoing instrument and acknowledged that heishe executed the same as his/her free act and deed. 71 Notary Flublic My commission expires I Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work. .................................................................................................................................................................................................................. To North Andover Conservation Commission Issulno Authority Please be advised that the Extension Permit to the Order of Conalstons for the orolect at Brook Farm—Christian Way Ext. Fite Number 242- 452 has been retorted at the Reg!stry of Deeds, Northern Essex and has been noted,n the cnain of title or the affected droberty in accorcance with General Condition B of the original order of conditions on 19 It recorded land.the instrument number which identities this Iran;action is II reoisierea land. the document number which,oentdies this transaction is Signature Ecol cant 7-2 i � � 6 b;M1 AMENDMENT,MODIFICATION OR RESCISSION OF DEFINI11*71AN 2PA16fix March 16, 1994 NORTH ANDOVER TOWN CLERK It is hereby certified by the North Andover Planning Board that at duly called and properly posted meetings of said Planning Board, held on February 15, 1994, and March 1, 1994, the North Andover Planning Board voted pursuant to Massachusetts General Laws,Chapter 41,Section 81-W,to RESCIND the approval of the Definitive Subdivision Plan of land entitled Brook Farm owned by Margaret S. Antonelli of 1117 Gatewood Drive, Alexandria, VA, said plan dated: 10/15/87, and revised 3/3/88 by Atlantic Engineering-& Survey Consultants, Inc., and recorded at the North Essex Registry of Deeds, Plan #11197,and decision dated Dec. 18, 1987, and modified dated Mar. 3, 1988, (decisions not recorded) for the following reasons: 1. Failure to adequately secure the subdivision.As stated in condition 8 of the covenant secured for this subdivision and dated April 27, 1988, the covenant expired two years from the date of endorsement of the definitive plan. The definitive plan was endorsed on June 2, 1988. Therefore the covenant expired on June 2, 1990. 2. Failure to comply with the conditions of the application for the approval of the subdivision. The application for approval of a definitive plans states "[t]he undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE PLAN by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department,the Highway Surveyor,the Board of Health, and all general as well as zoning bylaws of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections IV and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE PLAN,profiles and cross sections of the same. Said plan,profiles, cross sections and construction specifications are specifically by reference,incorporated herein and made part of this application. This application and the covenants and agreements herein shall be binding upon all heirs, executors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two years of the date hereof." The date of the application is October 16, 1987. This condition required the applicant to install the utilities and construct the streets by October 16, 1989. It is a policy of the Planning Board to allow applicants to request an extension,in one year increments,to this condition. The applicant never sought any extensions. Pursuant to MGL Ch. 41 Sec. 81-W, this RESCISSION shall take effect when the plan as originally approved, or a copy thereof,and a certified copy of the vote making such RESCISSION, and any other plan or document referenced in the vote are duly recorded by the Planning Board at the North Essex Registry of Deeds. It is the finding of the Planning Board that as no lots in the subdivision have been sold or mortgaged in good faith and for valuable consideration no consent to rescission is required. f. N.B» The Planning Board should be notified immediately of any appeal regarding this subdivision Rescission of approval made to the Superior Court within the statutory 20-day appeal period. If no appeal is filed with your office, the Planning Board should be so notified at the end of the 20-day appeal period , so that the originally approved plan may receive an appropriate endorsement, and be recorded along with a registered copy of the certified vote amending/modifying/rescinding the approval. A TRUE COPY, ATTEST: Clerk, North Andover Planning Board ti �/'�fAx Duplicate copy sent to applicant: (Date) North Andover Planning Board COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS . LAND COURT DEPT. MISC. NO. MARGARET ANTONELLI , Plaintiff ) } V. ) } RICHARD NARDELLA, JOHN SIMONS, ) COMPLAINT JOSEPH MAHONEY, RICHARD ROWEN } and JOHN DAGHLIAN, AS THEY ARE ) THE MEMBERS OF THE PLANNING ) BOARD FOR THE TOWN OF NORTH ) ANDOVER, Defendants } 1— The plaintiff, Margaret Antonelli resides at 1117 Gatewood Drive , Alexandria, Virginia, and she is the owner of the real property at issue in this proceeding, and has been at all times relevant hereto. 2 . The defendant Richard Nardella resides at 63 Haymeadow Road, North Andover, Massachusetts . 3 . The defendant Mr . John Simons resides at 25 Ironwood Road, North Andover , Massachusetts . 1 . The defendant Joseph Mahoney resides at 24 Millpond, North Andover , Massachusetts . 5 . The defendant Richard Rowen, resides at 102 Barehill Road, North Andover, Massachusetts . 6 . The defendant , John Daghlian, 1440 Salem Street, North Andover, Massachusetts . 1 . All of the defendants collectively consitute the total membership of the Planning Board for the Town of North Andover . Hereinafter the Planning Board for the Town of North Andover shall be referred to as the "Board" . 8 . On March 18 , 1987 , the plaintiff submitted an application for preliminary subdivision approval for a subdivision designated as Brook Farm to the Board. 9 . This was followed on October 16 , 1987 , with an application for definitive plan approval for the Brook Farm subdivision . 10 . In May, 1987 , the Town rezoned the land located with Brook Farm to two acre zoning where -it had previously been one acre zoning . 1. 1 . On December 18 , 1987 , the Board approved the Definitive Plan for Brook Farm. 12 . In January, 1988 , the plaintiff submitted an application for modification under c . 41 sec . 81W relative to Brook Farm. 13 . On March 3 , 1988 , the Brook Farm subdivision modification was approved. 14 . The final plan was signed and duly recorded later in 1988 . 15 . Even though the adjacent subdivision (Turner Estates ) was required by the Board, as a condition to their approval , to provide access .to Brook Farm for the continuation of the road , the Board substantially delayed taking any action to force Turner Estates to comply with that covenant or to complete the road leading to the Brook Farm subdivision. In fact , in July, 1988 , the Board granted Turner Estates an unconditional extension to complete the road , even though the Board knew that the plaintiff's access to Brook Farm had been denied and obstructed by the principals of Turner Estates (one of which was a member or recent former member of the Planning Board ) . 16 . In May , 1990 , the plaintiff filed suit in Essex Superior Court to obtain access . 17 . In May, 1992 , the access road was accepted by Town as a Town road , making the Superior Court suit moot . 18 . In October , 1993 , the plaintiff's attorney is notified by Town Planner that an extension is needed relative to the time for completion of the road extension into Brook Farm. Prior to this time , the preceding Town Planner had told the plaintiff that no request for extension was needed as the time periods had been tolled due to the litigation referred to above . 19 . On October 28 , 1993 , the plaintiff requested such an extension from the Planning Board. 20 . The Planning Board never acts on the extension request . 21 . In February, 1994 , the Board institutes hearing for the rescission of the Brook Farm subdivision for failure to complete the road and for failure to request a timely extension. On March 1 , 1994, the Board votes to recind the Brook Farm Subdivision under c . 41 , sec . 81W. 22 . By letter dated March 3 , 1994, a copy of which is attached hereto and incorporated by reference, the Town Planning Department notified the plaintiff' s attorney of the decision and informed him that the decision would be filed with the Town Clerk . 23 . The decision was never filed with the Town Clerk, as certified in the attached Exhibit B to this complaint , which is hereby incorporated by reference. COUNT ONE 24 . This is an action brought pursuant to M.G. L. c . 41 , sec . 81BB, to appeal from the March 1 , 1994 , decision of the North Andover Planning Board. 25 . In . revoking the Brook Farm subdivision , the Board acted in an arbitrary, unreasonable and capricious manner, and in doing so, they exceeded their authority. 26 . The plaintiff is a person aggrieved by said decision of the Planning Board. 27 . A Notice of Appeal was hand delivered to the North Andover Town Clerk' s office pursuant to M.G.L. c . 41 , sec . 81BB , along with a copy of this Land Court complaint , on March 21 , 1994 , prior to this complaint being filed with the Land Court . COUNT TWO 28 . This is an action seeking declaratory judgment brought pursuant, to c . 231A , sec . 1 , with underlying Land Court ,jurisdiction found at c. 240 , sec . 14A and c . 185 , sec . 1 J1 /2 . 29 . The plaintiff reasserts the allegations set forth above . 30 . If the plaintiff prevails in Count One , the plaintiff desires to proceed with the construction of the road and other incidents of completing her subdivision. However , the Board recently indicated at public meetings that felt they could and would impose upon the plaintiff the requirements of current zoning by-laws and current subdivision rules and regulations , if they had not revoked the subdivision . They have openly discussed modifying the subdivision to impose these conditions or alternatively requiring a new submission . 31 . These public statements have cast doubt on the validity of the plaintiff ' s subdivision and to what extent it can be modified. This in turn has interferred with the plaintiff' s attempts to market the property. 32 . The plaintiff contends that the planning board is limited by the zoning by-laws and subdivision regulations in existance at the time the preliminary plan was filed. The defendants contend otherwise . The defendants contend that they can use c . 41 , sec. 81W to force an old subdivision to comply with new regulations . 33 . This is a real despite between the parties which will resurface when the revocation is annulled . 34 . Furthermore, the defendants have refused to grant the plaintiff ' s request for an extension in the road construction and this interfers with her ability to complete and/or sell the property. 35 . Alternatively, if the revocation is not annulled , Murphy v . Planning Board of Norwell , 5 Mass . App. Ct . 393 ( 1977 ) , seems to provide that the petitioner can merely refile with the Board . However , there is no clear statement as to which regulations would be applicable in that case, the old or the new. So either way , there is a real controversy between the parties concerning the application of zoning by-laws and subdivision regulations to Brook Farm Subdivision . WHEREFORE, the plaintiff demands that this court : 1 . Annul the revocation decision made by the North Andover Planning Board. 2 . Enter a declaratory judgment establishing : (a ) that the Brook Farm Subdivision is subject to the 'forth Andover zoning by-laws and subdivision regulations in existence on March 18 , 1987 , whether the revocation is annulled, or if the revocation is upheld and the application is seasonably resubmitted ; (b) that the eight year protection period established under c . 40A, sec . 6 was tolled during the period when the plaintiff was denied access to her subdivision as well as for the period of this lawsuit; 3 . Order the defendants to grant the plaintiff an unconditional one year extension in accordance with plaintiff' s request of October 28 , 1993 , effective as of the day- of this court ordered vote by the Board ; 4 . Declare that the Planning Board is estopped to penalize developers for relying upon representations made to them by the town planner ; and 5 . Take such further action as the court deems ,just and proper so as to allow the plaintiff to proceed with her subdivision . By her attorney, Gary S . Sackrider 19 North Street Salem, Mass . 01970 Tel : 745-8850 B.B .O. #437360 oMowry,M1 ` KAREN H.P. NELSONTown Of 120 Main Street, 01845 n Dream NORTH ANDOVER (508) 682-6483 BUILDING 8 ``�' CONSERVATION DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT March 3, 1994 Gary S. Sackrider, Esq. 19 North Street Salem, MA 01970 Re: Brook Farm Subdivision Planning Board Meeting 3/1/94 Dear Attorney Sackrider, Thank you for appearing before the Planning Board this week to discuss the Brook Farm Subdivision. The Planning Board voted to rescind approval of the subdivision. This decision will be filed with the Town Clerk's Office by March 15. The Planning Board and Town Staff will work with the applicant in submitting a new application and plan that meets the current zoning and subdivisionrules and regulations. The Board would also be willing to waive any subdivision fees. If you have any questions please do not hesitate to call me at (508) 682-6483 ext. 24 . Sincerely, Kathleen Bradley lwell Town Colwell cc. K. Nelson, Dir PCD R. Nardella, Chair PB M. Antonelli r •NaRT►+ TOWN OF NORTH ANDOVER OFstec a1ti DANIEL LONG,TOWN CLERK TOWN BUILDING .iwc p` SSACHUS� ELECTION DEPARTMENT NORTH ANDOVER,MASS.01845 682-6483 March 21 , 1994 Mr. Gary S. Sackrider, Esq. 19 North Street Salem, MA 01970 RE: BROOK FARM SUBDIVISION. Dear Attorney Sackrider: This is to inform you that this office has not received the March 1 , 1994 , decision of Brook Farm Subdividion, as of this date, March 21 , 1994 , relative to revocation. Sinc rely, Daniel Long Town Clerk DL:vs RL C!,-. DANIEL LONG LAW OFFICES TOWN cs ;:::)w GARY S. SACKRIDER N0RTH A 0,9YER 19 NORTH STREET r' ` SALEM, MASSACHUSETTS 01970 MR Z I 9 04 AN +�'I( (508) 745-8850 GARY S. SACKRIDER KAKKK2WNXX0K March 18 , 1994 Town Clerk Town of North Andover 120 Main Street North Andover, Massachusetts RE: NOTICE OF APPEAL Dear Sir : On behalf of Margaret Antonelli of 1117 Gatewood Drive, Alexandria, Virginia, owner of the Brook Farm Subdivision and pursuant to M.G.L. c . 41 , sec. 81BB, I am hereby notifying ,you of her appeal from the March 1 , 1994, decision of the North Andover Planning Board, which revoked the Brook Farm subdivision. A copy of the Land Court complaint is being provided herewith . Yours truly, Gary V Sackrider Enclosure HAND DELIVERED on March 21 , 1994 Lhlti T(AR l oRTH A illOY{:R AMENDMENT,MODIFICATION OR RESCISSION OF DEFINITIVE PLAN APPR 1 3 391r�4 March 16, 1994 NORTH ANDOVER TOWN CLERK It is hereby certified by the North Andover Planning Board that at duly called and properly posted meetings of said Planning Board, held on February 15, 1994, and March 1, 1994,the North Andover Planning Board voted pursuant to Massachusetts General Laws,Chapter 41,Section 81-W,to RESCIND the approval of the Definitive Subdivision Plan of land entitled Brook Farm owned by Margaret S. Antonelli of 1117 Gatewood Drive, Alexandria,VA, said plan dated: 10/15/87, and revised 3/3/88 by Atlantic Engineering& Survey Consultants, Inc., and recorded at the North Essex Registry of Deeds, Plan #11197, and decision dated Dec. 18, 1987, and modified dated Mar. 3, 1988, (decisions not recorded) for the following reasons: 1. Failure to adequately secure the subdivision.As stated in condition 8 of the covenant secured for this subdivision and dated April X7, 1988, the covenant expired two years from the date of endorsement of the definitive plan. The definitive plan was endorsed on June 2, 1988. Therefore the covenant expired on June 2, 1990. 2. Failure to comply with the conditions of the application for the approval of the subdivision. The application for approval of a definitive plans states lt]he undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE PLAN by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department,the Highway Surveyor,the Board of Health,and all general as well as zoning bylaws of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections IV and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE PLAN,profiles and cross sections of the same. Said plan,profiles, cross sections and construction specifications are specifically by reference,incorporated herein and made part of this application. This application and the covenants and agreements herein shall be binding upon all heirs, executors, administrators, successors,grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two years of the date hereof." The date of the application is October 16, 1987. This condition required the applicant to install the utilities and construct the streets by October 16, 1989. It is a policy of the Planning Board to allow applicants to request an extension,in one year increments,to this condition. The applicant never sought any extensions. Pursuant to MGL Ch. 41 Sec. 81-W,this RESCISSION shall take effect when the plan as originally approved, or a copy thereof,and a certified copy of the vote making such RESCISSION,and any other plan or document referenced in the vote are duly recorded by the Planning Board at the North Essex Registry of Deeds. It is the finding of the Planning Board that as no lots in the subdivision have been sold or mortgaged in good faith and for valuable consideration no consent to rescission is required. N.B.: The Planning Board should be notified immediately of any appeal regarding this subdivision Rescission of approval made to the Superior Court within the statutory 20-day appeal period. If no appeal is filed with your office, the Planning Board should be so notified at the end of the 20-day appeal period , so that the originally approved plan may receive an appropriate endorsement, and be recorded along with a registered copy of the certified vote amending/modifying/rescinding the approval. A TRUE COPY,ATTEST: ? Clerk, North Andover Planning Board ; Duplicate copy sent to applicant: (Date) North Andover Planning Board