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CONSERVATION DEPARTMENT
Community Development Division
MODIFICATION;TO ORDER OF CONDITIONS
89 Milk Street, North Andover
At the April 8,2009 public hearing the North Andover Conservation Commission(NACC)
voted to issue a minor modification to DEP File#242-1394. The Modification shall conform
to the plans and documents referenced below.
Applicant: Highview,LLC
1501 Main Street, Unit 47
Tewksbury,MA 01876
Record Plans: Site Development Plan of Land in North Andover,MA
Prepared by: MerrimackEngineering Services
Dated: March 31, 2005 and Revised August 6,2007 and March 19,
2009
Other Record Documents: Letter Re: Flighview,LLC, 1501 Main Street,Tewksbury,MA 01876,
DEP File#242-1394,Map 59,Lot 40-1a (formerly Lot 40)
Prepared by: Stephen E. Stapinski, R.L.S.
Dated: March 26, 2009
Approved Modifications
❖ Increase in house footprint (829 s.f.) and driveway as depicted on the herein referenced
documents and plans.
❖ Additional pre-cast roof runoff recharge unit to be located off the southeast corner of the house
to recharge stormwater run-off from additional impervious area.
❖ Planting of 16 evergreen trees (native species required) on the southwest side of the driveway
and to the north of the proposed stone wall as depicted on the herein referenced plans.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverMtl_Conservation/index
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CONSERVATION DEPARTMENT
Community Development Division
Modification to Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant: CCC
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as a Modification to the Order of Conditions issu AW d '; d man r �;S e d
recorded in Book# 1,09,1-Q and page /q6
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Issued by the NORTH ANDOVER CONSERVATION COMMISSION:
-...... , (SSP a-Woe cf
h-h,4), a
On this ofR,y;( am before me personally appeared Scott Masse tome
day month/yr
known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public My Commission Expires
DONNA M.WEDGE
NOTARY PUBLIC
COMMONWEALTH OF MASSACHUSETTS
MY Comm.Expires Aug.7,2009
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com
s
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
1 242-1305
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Highview, LLC
computer, use Name
only the tab
key to move 1501 Main Street, Unit 47
your cursor- Mailing Address
do not use the Tewksbury MA 01876
return key. City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Richard D. Adams
Name
e May 12, 2005 242-1305
Dated DEP File Number
3. The project site is located at:
89 Milk Street North Andover
Street Address City/Town
Map 59 Lot 40-1 and 40-2
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex North 9537 109
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
9/21/07
Date
B. Certification
Check all that apply:
Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform 8b.doc•rev.7113104 Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
� 242-1305
Massachusetts Wetlandsr
P otection Act M.G.L. c. 131
§40 Provided by DEP
B. Certification (cont.)
Invalid Order of Conditions: It is hereby certified that the work regulated by th above-referenced
Order of Conditions never commenced. The Order of Conditions has! by
is therefore no
longer valid. No future work subject to regulation under the Wetlands Protection Act may
commence without filing a new Notice of Intent and receiving a new Order of Conditions.
S' se'w file *P,Ja_ 13fq
Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for longer period).
Condition Numbers:
C. Authorization
Issued by:
North Andover
Conservation Commission Date o ssuan
This Certificate must be signed by a majority of the Conservation Commission and nt to the
applicant and appropriate DEP Regional Office(See Attachment).
Signatures:
G-'
wpaform 8b.doc•rev.7/13/04 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 8B — Certificate of Compliance
� 242-1305
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
& _
On thlSDOf
Day Month Year
before me, the undersigned Notary Public, personally appeared
Sr
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
City/Town
Xt 0-4?g4�
Signature of Notary Public
�
_ DONNA M.WEDGE Dd/w a l�, 0��
p= _ NOTARY PUBLIC Printed Name of Notary Public
k
- COMMONWEALTH OF MASSACHUSETTS
MY C=rrL ExP�' •Aug.7,2009
/ tT
My Commissio, Expires(Date)
Place notary seal and/or any stamp above
Sign7Wure of Notary Public
wpaform 8b.doc•rev.7113/04 Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1305
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
89 Milk Street 242-1305
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform Sb.doc•rev.7/13/04 - Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston
Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mandan Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform8b.doc•DEP Addresses•rev.9/17/07 Page 1 of 1
{
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1394
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ED Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3.To: Applicant:
move your
cursor-do not Robert Ahern Highview, LLC
use the return a.First Name b.Last Name c.Company
key. 1501 Main Street, Unit-47
d.Mailing Address
Tewksbury MA. 01876
e.Cityrrown f.State g.Zip Code
4. Property Owner(if different from applicant):
Same
a.First Name b.Last Name c.Company
d.Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
Milk Street North Andover
a.Street Address b.City/Town
Map 59 Parcel 40
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note: 42-40'-44" 71-06"-31"
electronic filers will click for GIS locator): e.Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate(if registered land)
559 32
c.Book d.Pa e
7. Dates:
3/27/07 /p 9�b I -
a. Date Notice of Intent Filed b.Date Public Ilearing Closed c.Da of Is ante
8. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Site Development PLan of Land
a.Plan Title
Merrimack Engineering Services, Inc. Stephen E. Stapinski, P. L. S.
b.Prepared By c.Signed and Stamped b
9 p Y
9]b 167 1" =20'
d.Final Revision Date e.Scale
see &h44g l e44
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid: $1,000.00 $237.50 $762.50
a.Total Fee Paid b. State Fee Paid c.City/Town Fee Paid
wpaform5.doc- rev.3/1/05 Page 1 of 9
i
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1394
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
P p
3. ❑ Bank
a.linear feet b.linear feet c.linear feet d.linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
wpaform5.tloc• rev.3/1/05
Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1394
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic,feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft Within 100 ft c.square feet d.square feet e.square feet T—square feet
Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts; Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o, ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.cty nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.cty nourishmt, d.c/y nourishmt
14. ❑ Coastal Banks a.linear feet b.linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b. cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc- rev.a/1/05
Page 3 of 9
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1394
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
S. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, WA DEP"]
"File Number
242-1394 "
wpafarm5.doc• rev.3/1/05 Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1394
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17, All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.3/1/05 Page 5 of 9
DEP FILE # 242 -1394
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
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws or
regulations.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3)(p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
C:\Winword\OOC\242-1394\89MilkSt.doc 1 NACC 8/23/2007
DEP FILE #242-1394
24. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
25. This Order is issued under File No. 242-1394. The construction of two (2) of the single-
family homes and associated lot activities were previously approved under File No.
242-1305. Although the previous Order is still valid and has not yet expired,this Order
shall supersede 242-1305 in its entirety.
26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
28. The proposed work includes: The construction of three (3) single-family homes with
associated site clearing, driveways, utilities, stonewalls, stormwater infiltration systems
and management features and associated grading activities within the buffer zone to a
Bordering Vegetated Wetland (BVW) and buffer zone to bank associated with an
intermittent stream.
29. The work shall conform to the following:
Notice of Intent filed by: Highview,LLC. (Applicant)
Robert Ahern
1501 Main Street Unit 47
Tewksbury, MA 01876
Dated April 12,2007
Prepared by: Merrimack Engineering Services,Inc. (Representative)
66 Park Street
Andover,MA 01810
Site Plans prepared by: Merrimack Engineering Services,Inc.
66 Park Street
Andover,MA 01810
Entitled "Site Development Plan of Land"consisting of
sheets 1,2, & 3.
➢ Sheet 1 dated March 31,2005,revised August 6,
2007. Stamped & Signed by Stephen E. Stapinski,
R.P.L.S;
A Sheet 2 dated March 31,2005,revised August 1,
2007. Stamped & Signed by Robert C.Daley,P.E.;
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DEP FILE # 242 -1394
> Sheet 3 dated March 21,2007,revised August 6,
2007. Stamped &Signed by Robert C. Daley,P.E.
Other Record Documents: Memorandum to Gerald Brown, Inspector of Buildings,
from Alison McKay, Conservation Administrator, dated
April 24,2007;
Memorandum from Gerald Brown,Inspector of
Buildings,to Alison McKay,Conservation Administrator,
dated April 25,2007;
Letter from Lincoln Daley dated February 20,2007;
Photographs (6) of property submitted by abutters,no
date;
Letter prepared by Seekamp Environmental Consulting,
Inc. dated May 14,2007;
Letter prepared by Seekamp Environmental Consulting,
Inc. dated May 31,2007;
DEP field data forms prepared by Seekamp
Environmental Consulting,Inc. dated June 18,2007;
Wetland Delineation Review Memorandum prepared by
West Environmental,Inc. dated July 10,2007;
Letter prepared by Hughes Environmental Consulting,
dated July 25,2007;
Soil test data sheet prepared by William Dufresne,P.E. of
Merrimack Engineering Services,Inc.
30. 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 and therein. The applicant has not
attempted to overcome the presumption of significance of these resource areas to the
identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein. The wetland resource area
delineation was found to be consistent with the previously issued ORAD (242-1299)
with exception to one minor change. Flag A4 was adjusted 12 feet upslope and a new
flag (4A) was located between the new A4 and A5. These changes to the wetland
delineation were minor and result in no impact to the project as proposed. Several off
property wetlands were also identified during the project review, but were determined
to be greater than 100 feet from the proposed work as to result in no impact to these off
site resource areas.
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32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to
•
prevent
any alteration of wetland and resourceareasa twenty-five foot (25 )
No-Disturbance Zone
and a fifty-foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone (See Section 3.4 &Appendix F of the local Regulations).
33. The applicant has agreed to place a permanent recorded Conservation/Deed Restriction
on a portion of lot#40-1A to safeguard against possible future development and/or
subdivision. Refer to condition #43.
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors, and
other personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter, any and all the above stated parties and the applicant will be held
jointly liable for any violation of this Order resulting from failure to comply with its
conditions.
35. The owners of the project and their successors in title, in the event they proceed to alter
areas subject to the Commission's jurisdiction under the order, agree that the Order does
not in itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as
part of a public way,becomes the responsibility of the Town.
36. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
M
TO CONSTRUCTION
37. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings before the Department
or Court have been completed.
38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the
affected property. In the case of recorded
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land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at
the applicant's expense.
39. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts DEP,File Number 242-1392."
40. Any changes in the submitted plans caused by the applicant, state or federal agency,
another Board's decision or resulting from this Order of Conditions must be submitted
to the NACC for approval prior to implementation. Said revisions shall be submitted as
part of the record filing. If the NACC finds said changes to be significant,the NACC will
call for another public hearing (at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. The proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the project plans or wetland
impacts. If any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of construction. No
work shall begin on a project until written approval has been granted by the NACC.
41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42. Prior to any work commencing on site,the applicant shall submit to the NACC for
approval,a detailed sequence of construction,including a dated timetable of
construction,the construction of compensation and retention areas,installation of
sedimentation/erosion control devices and re-vegetation to be completed before other
work begins on-site.
43. Prior to any work commencing on site,the applicant shall submit a Conservation/Deed
Restriction on lot#40-1A,limiting any future disturbances within this lot,to the
Conservation Department for review and approval. Upon review and approval,the
applicant pp t s hall record said restriction and submit proof of recording to the
Conservation Department.
44.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
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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.
45. 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
Commissions request.
46. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 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.
Additional emergency erosion controls shall be on site prior to the commencement of
any work and shall verified by the Conservation Department during the pre-
construction meeting.
47. A check payable to the Town of North Andover shall be provided in the amount of
$10,000 shall be provided to the Town of North Andover, 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.
48. 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.
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49. Prior to the construction of the single family homes on lot #40-3 and #40-1A and prior
to sign off on the building permit for this lot, the corners of the foundation shall be
staked in the field by a Registered Professional Land Surveyor (R.P.L.S.) for field
verification by the Conservation Department.
50. Prior to construction, the applicant shall permanently mark the edge of the No-
Disturbance Zone with sixteen (16) signs or markers spaced evenly every 40 feet
incorporating the following text: "Protected Wetland Resource Area". This will
designate their sensitivity and assure no further inadvertent encroachment into the
wetland. These permanent markers are subject to review and approval by the NACC.
The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the applicant.
51. The applicant shall designate a Qualified Professional Wetland Scientist as an "Erosion
Control Monitor" to oversee any emergency placement of controls and regular inspection
or replacement of sedimentation control devices. The name and phone number of the
erosion control monitor must be provided to the NACC in the event that this person has
to be contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Credentials of said Erosion Control Monitor shall be submitted in writing
for review and subsequent approval by the NACC or an agent thereof. This person
shall be given the authority to stop construction for erosion control purposes. The erosion
control monitor will be required to inspect all such devices and oversee cleaning and the
proper disposal of waste products. Cleaning shall include removal of any entrapped silt.
52. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which
construction activities occur on site or for as long thereafter as ground remains
unstable, the "Erosion Control Monitor" shall submit a written report to the NACC
certifying that, to the best of his/her knowledge and belief based on a careful site
inspection, all work is being performed in compliance with this Order of Conditions and
that approved setbacks are being adhered to. The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition, all
wetland resource areas must be visually inspected for siltation, turbidity, and/or other
water quality impacts.
53. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form" Affidavit (attached herein) signed
under the pains and penalties of perjury, stating that said applicant and/or owner has
read these Orders of Conditions and is in compliance with each and every condition.
This document shall apply to each of the conditions referenced herein and shall be
provided to the Conservation Department at least five 5 business days prior to the
1' P ( ) Y
closing of said land transaction.
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54. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, the contractor, the
engineer, the wetland scientist and the applicant to ensure that all of the Conditions of
this Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the permitted work are fully aware of the
permit's terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order of Conditions 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).
STORMWATER MANAGEMENT CONDITIONS
55. All construction and post-construction stormwater management systems shall be
conducted in accordance with the approved construction sequence, supporting documents
and plans submitted with the Notice of Intent and as approved by the NACC in this Order of
Conditions.
56. All proposed drainage structures shall be properly installed and functional. During
construction, all drainage structures shall be properly maintained.
57. All roof runoff shall be directed to the drywells to provide groundwater recharge as
shown on the approved plan referenced herein.
58. 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
59. IMPORTANT: Immediately upon completion of the dwelling foundations, and prior to
further construction activities associated with the site, the applicant shall- complete a plan
prepared d b a Registered ed Professional Land
Surveyor of the Commonwealth(R.P.L.S.) which
accurately depicts the foundation locations and it's proximity to wetland resource areas as
approved under this Order of Conditions. Said plan shall be submitted to the Conservation
Administrator for approval.
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60. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
61. A crushed stone construction entrance shall be designated at each lot entrance to
minimize soil/material tracking onto Milk Street. This entrance shall be reinforced as
necessary.
62. The limit of work/erosion control line shall be enforced and maintained as depicted on
the approved plan referenced herein.
63. A 2-foot minimum dry laid fieldstone wall shall be constructed in accordance with the
approved plan referenced herein. Said wall shall be constructed in the approved locations
and upgradient to the 25 foot No-Disturbance zone.
64. The applicant shall construct a 252 linear feet 8"cape cod berm along the driveway of
Lot#40-1A as depicted on the approved plans referenced herein.
65. An equalization drain shall not be installed anywhere beneath the proposed driveway
on Lot 40-1A as noted on the approved plans referenced herein.
66. The applicant shall preserve those trees of 14" caliper or greater as shown on the
approved plan referenced herein (along and adjacent to the proposed driveway of Lot#40-
1A) and shall preserve those trees of similar caliper within the 100 foot buffer zone except
as otherwise approved herein.
67. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall
be replaced as necessary. The areas of construction shall remain in stable condition at the
close of each construction day. All erosion controls shall be in place throughout the duration
of any construction on site or unless authorized by the Conservation personnel.
68. Upon beginning work, the applicant shall submit written progress reports every week
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.
69. The Erosion Control Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are
adequate and secure,and that all BMP's are adequately functioning.
70. Approved de-watering activities shall be supervised and witnessed by the designated
erosion control monitor. This designee must be on-site at all times while dewatering is
occurring. De-watering activities shall be monitored daily by the erosion control monitor
to ensure that sediment laden water is appropriately settled prior to discharge toward the
wetland resource areas. No discharge of water is allowed directly into an area subject to
jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland ByLaw. If
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emergency de-watering requirements arise, the applicant shall submit a contingency plan to
the Commission for approval, which provides for the pumped water to be contained in a
settling basin, to reduce turbidity prior to discharge into a resource area.
71. 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.
72. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be
graded, loamed and seeded prior to November 1st of each year. Outside of the growing
season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until
climate conditions allow for seeding. No exposed area shall remain unfinished for more than
thirty (30) days, unless approved by the NACC.
73. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be rip-rapped to provide permanent stabilization.
74. Equipment shall not be staged overnight within 100-feet of a wetland resource area.
75. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
76. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
77. 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 Actor local ByLaw.
78. 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� e refueling, equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
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DEP FILE # 242 -1394
=[�AFffrE:R�CONSTRUCTION
79. No underground storage of fuel oils ils shall be allowed on anlot within one hundred 100
g
Y ( )
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.
80. Fertilizers, pesticides, and herbicides utilized for landscaping and lawn care shall be slow
release, low-nitrogen types (< 5%) and shall not be used within 100 feet of a resource area or
within the Riverfront area. This condition shall survive this Order of Conditions and shall
run with the title of the property. This condition is issued under the authority of the Town's
Wetland Protection ByLaw and shall remain in perpetuity.
81. 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. This condition shall remain in perpetuity.
82.Water quality down gradient of 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. This condition shall remain in perpetuity.
83. There shall be no dumping of leaves, grass clippings, brush, or other debris into the
wetland or water body, or within 25' of the wetland or water body. This condition shall
survive the expiration of this Order and shall be included as a continuing condition in
perpetuity.
84. 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.
85. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
86. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
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DEP FILE #242 -1394
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer and a
Registered Professional Land Surveyor of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer and 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. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone, which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes as disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
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87. 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 the adjacent Bordering Vegetated Wetland
(BVW) resource area. Future work within 100' of existing resource areas
will require a separate filing with the NACC. The Conservation
Administrator and/or other agents of the NACC do not have the authority
to waive these setbacks as established under the local ByLaw (Condition #
32);
➢ Maintenance of 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 (Condition#58);
➢ Discharge or spillage of pollutants (Condition#78);
➢ Prohibition of underground fuels (Condition#79);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition
#80).
➢ 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 (Condition
#81)
➢ Water quality down gradient of BVW's shall not differ significantly
following completion of the projectfrom the pre-development conditions.
There shall be no sedimentation into wetlands or water bodies from
discharge pipes or surface runoff leaving the site (Condition#82)
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#83)
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DEP FILE # 242 -1394
APPENDIX A-AFFIDAVIT
I on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions have been placed upon by
the North Andover Conservation Commission. (DEP orNACC number)
&/or
2) 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions have been placed up by
the North Andover Conservation Commission. (DEP or NACC number)
I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and
understand each and every condition which has been set forth in said Order of Conditions.
I hereby affirm and acknowledge that on this day of - 20 I inspected said property together
with any and all improvements which have been made to the same and hereby certify that each and every
condition set forth in Order of Conditions are presently in compliance.
(DEP File#)
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 20
(Signature-authorized agent of applicant or owner)
C:\Winword\OOC\242-1394\89Mi1kSt.doc 14 NACC 8/23/2007
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1394
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or -
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If you need more c. The special conditions relating to municipal ordinance or law are as follows:
space for p 9 P Y
additional
conditions, See attached
select box to
attach a text
document
wpaforrn5.doc• rev.3/1/05 Page 6 of 9
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-9394
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special o
condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuahce
Please indicate the number of members who will sign this form: C5-
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regio Ice, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
C 7T
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
Qca"IL
On this pay of Month11 Year
�l
Before me, the undersigned Notary Public, SLP4,T, fksse—
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
Cityrrown
DOMKWEM
p t'
COMMONWEALTH LASS CHusETTS Signature of Notary Public
'`' My comm r res nos.7,2=
12��D 6
Printed Name of Notary Public
Place notary seal and/or any stamp above P/ 27/`Rd(2c
My Comm' sion Jgxpires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on 2 ay certified mail, return receipt requested,on
& /o-
Date Datol
wpaform5.doc• rev.311105
Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 -Order of Conditions 242-1394
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc• rev.3/1/05 Page a of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 -Order of Conditions 242-1394
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected properly. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
-------------------------------------------------------------------------------------------------------------=-------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1394
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc• rev.3/1/05
Page 9 of 9
Feb 20 07 02: 21p NORTH ANDOVER 9788889542 p. l
rage i or i
FEC'EI ED
F '. ' l,�:. ' t'v f-
tppolito, Mary 2007 FEB 20 PH 1: 5 5
From: Daley, Lincoln
Sent: Thursday, February 15,20071:17 PM TG
To: Ippolito,Mary NIPjA ~��I�I; i
Subject: FW:Milk Street Form A
Mary:
Steve is revising the ANR Plans for Mr.Ahem. Below please find the continuance.
-----Original Message-----
From: MERRENG@aol.com [mailto:MERRENG@aol.com]
Sent:Thursday, February 15, 2007 1:10 PM
To: Daley, Lincoln
Subject: Milk Street Form A
Mr. Daley,
On behalf of Highview LLC,we hereby grant an extension of time to sign the plan until Wednesday, February
21,2007.
Stephen E. Stapinski
Merrimack Engineering Services
66 Park Street
Andover, MA 01810
978-475-3555
978-475-1448 FAX
merreng@aol.com
Post-it',Fax Note 7671 Date a page
From
CoMepf.L�1C/ TL �►A Co. �^
Phone it Phone# h
Fax# Fax t f
2/20/2007
Usgood Landing
"own of North Andover
1600 Osgood St.
Bldg. 20, Suite 2-36 Planning Dept.
North Andover,MA 01845 R E C'7 1 V E
FORM A T07" 'r " i f"`
APPLICATION FOR APPROVAL NOT REQUIRED 2601 J H Z b PM 2' 4 7
DATE: , g ,
KC); , .,,.,,
(Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the
Planning Board.)
To the Planning Board:
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts,
does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for
a determination and endorsement that the Planning Board approval under the Subdivision Control
Law is not required.
Hignvie`tiet LLc
1.Nana'ofpplicant:
c�o zober 1�. ' nernMain St, U47 , Teeksbury, Ma.0187(>
Address: 1�;ili1c .2t Wg6p 5 -,— ,�-ts 40-1A, 40-2A, and 40-3 (j2roposed 1p#=T)
2.Location and Description of Property[include Assessor's Map
andLot and ZoningDistrict(s)]:$3 z nn P P a rrPn t A e P S,c nr }vj�in Lot t
40-ig-ml 4.0-2
3.Deed Reference: Book 9 9 c� Page_
or Certificate of Title:
4.Name ofSurveyor: 'derrimac Fngineering ,gPrvic,P.
Address: 66 P 2.r k St. A n d n v P-r _ (11 R 1 n
Signature of Owner(s): 2a ¢A-t KA A eli-A-i
Address:
Please indicate the grounds_(either A,B,C or D,not a combination)on which you believe your plan not to be
a subdivision.
A. Each lot on the plan meets one of the following criteria:
1. Has the frontage,lot area,and lot width required under the Zoning By-law on:
a) a public way,or
b) a way which the Town Clerk certifies is maintained&used as a public way,or
c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control
Law,recorded in Plan Book Plan ,or
d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the
Board finds adequate for the way's proposed use,or
e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adoption of the Subdivision Control Law.
B. Each Lot has been clearly marked on the plan to be either:
a) joined to and made part of an adjacent lot,or
b) labeled"Not A Building Lot".
C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision
Control Law.
D. The plan shows an existing parcel with no new lot divisions) and has frontage on a way described
above.
Received: Town of North Andover Town Clerk(date stamp):
Signature of Town Oficial receiving this application:
Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan:
1. The North Andover Planning Board has determined that said plan does not require approval under the
Subdivision Control Law,and the appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by
G.L.c.41,s. 81-L and must therefore be re-submitted to it for approval under the Subdivision Control
Law.
Very truly yours,
North Andover Planning Board
By:
Date:
III
i
usgoo(I Landing
Town of North Andover
1.600 Osgood St,
Bldg. 20, Suite 2-36 Planning Dept.
North Andover,MA 01845
FORM A
APPLICATION FOR APPROVAL NOT REQUIRED
DATE:
(Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the
Planning Board.)
To the Planning Board:
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts,
does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for
a determination and endorsement that the Planning Board approval under the Subdivision Control
Law is not required.
1.Name of Applicant: Hgnv iew LLQ
(Vo -.�oaer K. �nern Main St, U47 , Teeksbury, Ma.01876
Address ` i�iaP— y-f— els 40-1 A. 40-2A. and 40-3 (propose jd lot'
2.Location and Description of Property[include Assessor's Map
andLot and ZoningDistrict(s)]: R'3 y,anp jnrrPnt As SPSSnr I a jwia a
4U-1 -Z
3.Deed Reference: Book_TJsi Page-3-2 _
or Certificate of Title:
4.Name of Surveyor:Merrimac Rng neering c�PrvipP�-,
Address: 66 P,-5 r k Wit. A n(y o >e r yt a ; n 1R1 C)
Signature of Owner(s): 20 h e,?t k A erc j tis,
Address: 01846
7 � ��5/� x�
Please indicate the grounds(either A,B,C or D,not a combination)on which you believe your pian not to be
a subdivision.
A. Each lot on theP lan meets one of the following criteria:
1. Has the frontage,lot area,and lot width required under the Zoning By-law on:
a) a public way,or
b) a way which the Town Clerk certifies is maintained&used as a public way,or
c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control
Law,recorded in Plan Book Plan ,or
d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the
Board finds adequate for the way's proposed use,or
e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adoption of the Subdivision Control Law.
B. Each Lot has been clearly marked on the plan to be either:
a) joined to and made part of an adjacent lot,or
b) labeled"Not A Building Lot".
C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision
Control Law.
D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described
above.
Received: Town of North Andover Town Clerk(date stamp):
Signature of Town Official receiving this application:
Notice to APPLICANUTOWN CLERK of action of Planning Board on accompanying plan:
1. The North Andover Planning Board has determined that said plan does not require approval under the
Subdivision Control Law,and the appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by
G.L. c.41,s. 81-L and must therefore be re-submitted to it for approval under the Subdivision Control
Law.
Very truly yours,
North Andover Planning Board
By:
Date:
Page 1 of 1
Ippolito, Mary EDC'EIVED
'S CEECE
From: Daley, Lincoln 2001 FEB I M If: 55
Sent: Thursday, February 15,20071:17 PM
To: Ippolito, Mary
Subject: FW: Milk Street Form A NORTH 0100 -
Mary:
Steve is revising the ANR Plans for Mr.Ahem. Below please find the continuance.
-----Original Message-----
From: MERRENG@aol.com [mailto:MERRENG@aol.com]
Sent:Thursday, February 15, 2007 1:10 PM
To: Daley, Lincoln
Subject: Milk Street Form A
Mr. Daley,
On behalf of Highview LLC,we hereby grant an extension of time to sign the plan until Wednesday, February
21, 2007.
Stephen E. Stapinski
Merrimack Engineering Services
66 Park Street
Andover, MA 01810
978-475-3555
978-475-1448 FAX
merreng@aol.com
2/15/2007
Y
L1Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
1 WPA Form 5 - Order of Conditions 242-1305
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Highview, LLC.
use the return a. First Name b.Last Name c.Company
key. 1501 Main Street, Unit 47
d. Mailing Address
r� Tewksbury MA. 01876
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Richard D. Adams
a.First Name b.Last Name c.Company
346 North Main Street
d.Mailing Address
Andover MA. 01810
e.City/Town f.State g.Zip Code
5. Project Location:
89 Milk Street North Andover
a.Street Address b.City/Town
Map 59 Lot 40-1 and 40-2
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): e.Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate(if registered land)
559 32
c. Book d. Page
7. Dates: l OS *41.7/44 SAAh S
a.EfatdNotice of Intent Filed b.Datfi Pubic Hearing Closed c.Date 6f Iss anc e
8. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Site Development Plan of Land
a. Plan Title
Merrimack Engineering Services Robert C. Daley, P. E.
b.Prepared By c.Signed and Stamped by
N� 1r0S 1" =40'
d. Final evision Date e.Scale
f.Additional Plan or Document Title g.Date
s. Total WPA Fee Paid: $ 1,000 $487.50 $ 512.50
a.Total Fee Paid b.State Fee Paid c.Cityfrown Fee Paid
wpaform5.doc- rev.311/05 Page 1 of 9
f i
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1305
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. M Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. Z Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project,as proposed,is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts:Shortest distance between limit of project disturbance and
wetland boundary (if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank
a.linear feet b.linear feet c.linear feet d,linear feet
a. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
wpaform5.doc- rev.3/1/05 Page 2 of 9
r
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1305
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
s. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
s. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches
a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt.
13. ❑ Coastal Dunes
a,square feet b.square feet c.c/y nourishmt. d.c/y nourishmt
14. ❑ Coastal Banks
a.linear feet b.linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes
a.square feet b.square feet c,square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
1g. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.3/1/05 Page 3 of 9
Massachusetts Department of Environmental Protection DEP File Number:
�- Bureau of Resource Protection -Wetlands
WPA Form 5 —Order of Conditions 242-1305
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks,plaster,wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, WA DEP"]
"File Number
242-1305
wpaform5.doc• rev.3/1/05 Page 4 of 9
L1Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
1 WPA Form 5 - Order of Conditions 242-1305
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.3/1/05 Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 242-1305
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds(check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
a. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a. Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control:
If you need more c. The special conditions relating to municipal ordinance or law areas follows:
space for p 9 P Y
additional See attached
conditions,
select box to
attach a text
document
wpaforrn5.doc• rev.3/1/05 Page 6 of 9
DEP FILE #242 - 1305
Therefore, the North Andover Conservation Commission(hereafter the "NACU) hereby
finds that the following conditions are necessary, in.accordance with the Performance
Standards set forth in the State Regulations, the local Bylaw and Regulations,to protect those
interests noted above. The NACC orders that all work shall be performed in accordance with
said conditions and with the Notice of Intent referenced below. To the extent that the
following conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of Intent the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may
require any information, measurements, photographs,observations; and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal,state or local statutes, ordinances,by-laws or
regulations.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
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24. Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
25. This Order of Conditions is issued under File No. 242-1305.
26. The conditions of this decision shall apply to,and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
28. The proposed work includes: The construction of two (2) single-family homes with
associated driveways, site clearing,and grading activities within the Buffer Zone to
Bordering Vegetated Wetlands (BVW).
29. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Highview,LLC (Applicant)
1501 Main Street,Unit #47
Tewksbury,MA 01876
Received date April 1,2005
Site Plans prepared by: Merrimack Engineering Services
66 Park Street,Andover,MA 01810
Entitled: "Site Development:Plan of Land",consisting
of sheets 1 &2, dated March 31,2005,Revised April
21,2005. Stamped &
signed by Robert C. Daley,P.E.
Notice of Intent prepared by: Seekamp Environmental Consulting,Inc.
129 Route 125,Kingston,NH 03848
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
bank associated with an intermittent stream and Bordering Vegetated Wetland (BVW).
These resource areas are significant to the interests of the Act and Town Bylaw as noted
above and therein. The applicant has not attempted to overcome the presumption of
significance of these resource areas to the identified interests.
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DEP FILE #242 1305
31. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as determined by an Order of Resource Area Delineation (ORAD,242-1299) issued
on February 24,2005 and shown on the plans dated referenced herein.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone
and a fifty-foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
33. 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.
34. 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. Maintenance of the drainage system, if accepted by the Town as
part of a public way, becomes the responsibility of the Town.
35. 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
36. 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.
37. 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
C:\Winword\00C\89Mi1kStreet.doc 3 NACC 5111105
DEP FILE #242 - 1305
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.
38. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words Massachusetts DEP, File Number 242-1305.
39. 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.
40. 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.
41. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of compensation
and retention areas,installation of sedimentation/erosion control devices and re-vegetation
to be completed before other work begins on-site.
42. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the approved
plan(s) throughout the life of the project and until a Certificate of Compliance is issued so
that erosion control measures can be properly placed and wetland impacts can be monitored.
The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be
confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall
be maintained until all construction is complete. Workers should be informed that no use of
machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to
occur beyond this line at any time. All flags used for the above purposes shall be of a color
different from other flagging in used on the site.
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43. 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.
44. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 20 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence). Said bales shall be used only for the control of emergency
erosion problems and shall not be used for the normal control of erosion.
45. A check payable to the Town of North Andover shall be provided in the amount of
$6,000, 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.
46. Prior to the commencement of any work on site,the corners of the foundation on Lot 40
-1 shall be staked in the field by a Registered Land Surveyor (R.L.S.).
47. The applicant shall designate a Wetland Scientist as an "Environmental 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. Proof of the retained
monitor must be submitted to the Conservation Department on letterhead by the retained
consulting firm. This person shall be given the authority to stop construction for erosion
control purposes. The Environmental 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. On every Monday of 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 Environmental Monitor to the NACC
certifying that, to the best of his/her knowledge and belief based on a careful site inspection,
C:\Winword\00C\89Mi1kStreet.doc 5 NACC 5/11/05
X
DEP FILE#242 - 1305
all work is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The Environmental 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 wetland resource
areas must be visually inspected for siltation, turbidity, and/or other water quality impacts.
48. Prior to construction,the applicant shall permanently mark the edge of the"25' No-
Disturbance Zone"with sixteen(16) signs or markers spaced evenly every 40-feet
incorporating the following text: "Protected Wetland Resource Area". This will designate
their sensitivity and assure no further inadvertent encroachment into the wetland. These
permanent markers available at the Conservation Department for$2.00 per marker.The
placement of said markers are subject to review and approval by the Conservation staff.
The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers
and all persons taking over the property from the applicant.
49. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring,or assigning
any portion of said land to another party,subject to said Orders of Conditions,the
"Compliance Certification Form Affidavit" attached via"Appendix A" signed under the
pains and penalties of perjury,stating that said applicant and/or owner has read these
Orders of Conditions and is in compliance with each and every condition. This document
shall apply to each of the conditions referenced herein and shall be provided to the
Conservation Department at least five (5) business days after to the closing of said land
transaction.
50. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,the engineer,
wetland scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts, subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting contract
requirements. The applicant shall assure that all contractors,subcontractors and other
personnel performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order
of Conditions 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).
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DEP FILE #242 -1305
STORMWATER MANAGEMENT CONDITIONS
51. 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.
52. Water quality down gradient of BVWs 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.
53. All roof runoff shall be directed to the drywells to provide groundwater recharge,as
shown on the approved plans referenced herein.
54. 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
55. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
56. IMPORTANT: Immediately upon completion of the dwelling foundation on lot 40-1 and
prior to further construction activities associated with the site, the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.)
which accurately depicts the foundation location and it's proximity to wetland resource areas
as approved under this Order of Conditions. Said plan shall be submitted to the
Conservation Administrator for approval.
57. 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.
58. A crushed stone construction entrance shall be designated for each lotto minimize
soiVmaterial tracking onto Milk Street. This entrance shall be reinforced as necessary.
59. The limit of work/erosion control line shall be enforced and maintained as depicted on
the approved plan referenced herein.
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DEP FILE#242 - 1305
60. A 2-foot minimum dry laid fieldstone wall shall be constructed in accordance with the
approved plan referenced herein. Said wall shall be constructed in the approved
location and upgradient to the 25-foot No-Disturbance zone.
61. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales
shall be replaced as necessary. The areas of construction shall remain in condition
at the close of each construction day. All erosion controls shall be in place throughout the
duration of any construction on site or unless authorized by the Conservation personnel.
The Environmental Monitor shall be on site during and/or following a rain event of 1-
inch or greater,to ensure that soils remain stable,erosion controls are adequate and
secure, and that all BMP's are adequately functioning.
62. The sewer lines on the site shall be tested for water tightness in accordance with North
Andover DPW standards.
63. Approved de-watering activities anticipated shall be supervised and witnessed by the
designated Environmental Monitor. This designee must be on-site while de-watering
work to ensure that sediment-laden water is appropriately settled prior to discharge
toward the wetland resource areas. No discharge of water is allowed directly into an area
subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland
Bylaw. If emergency de-watering requirements arise,the applicant shall submit a
contingency plan to the Commission for approval,which provides for the pumped water
to be contained in a settling basin, to reduce turbidity prior to discharge into a resource
area.
64. 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.
65. No exposed area shall remain unfinished for more than thirty (30)days, unless approved
by the NACC.
66. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:vertical).
Slopes of steeper grade shall be rip-rapped to provide permanent stabilization.
67. There shall be no stockpiling of soil or other materials within twenty-five (25)feet of any
resource area.
68. After finaladin all disturbed areas located within a resource area which will not
�' g
" f quality loam and seeded.
named minimum of 4 0 ,
remain as wetland areas, shall be l ( q y )
This shall all be done in accordance with SCS guidelines. All disturbed areas located
within wetland resource areas which are to be only temporarily disturbed during
construction, shall be restored to their original grade, soil profile and vegetative cover.
CAWinword\OOC\89Mi1kStreet.doc 8 NACC 5/11/05
DEP FILE #242 - 1305
Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality
loam.
69. Washings from concrete trucks, or surplus concrete, shall not be directed to,any drainage
system, or wetland resource area.
70. 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 Actor
local Bylaw.
71. 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
72. No underground storage of fuel oils shall be allowed on any lot within one hundred (100)
feet of any wetland resource area. This condition shall survive this Order of Conditions
and shall run with the title of the property. This condition is issued under the authority
of the Towns Wetland protection Bylaw.
73. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition shall survive
this Order of Conditionsand shall run with the title of the property. This condition is
issued under the authority of the Towns Wetland Protection Bylaw and shall remain in
perpetuity.
74. 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.
75. Upon approved site stabilization by Conservation Staff,the erosion controls shall be
removed and properly disposed of and all exposed areas shall be seeded.
C:\Winword\00C\89M11kStreet.doc 9 NACC 5111/05
i
DEP FILE #242 - 1305
76. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone,which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include(but
are not limited to) septic systems, additions,fences, sheds, stonewalls,pools,
retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes aanv disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
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DEP FILE #242 - 1305
77. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved under this filing. Future work within 100' of existing
wetland resource areas will require a separate filing with the NACC. The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local Bylaw
(Condition#32);
➢ Discharge or spillage of pollutants (Condition# 71);
➢ Prohibition of underground fuels (Condition#72;
➢ Limitations on the use of fertilizers,herbicides, and pesticides (Condition
#73).
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I
DEP FILE #242 - 1305
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission(NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition,which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
20---, I inspected said property together with any and
all improvements, which have been made to the same and hereby certify that each
and every condition set forth in the Order of Conditions are presently in
compliance,
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property,which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of 20
(Authorized agent of applicant or owner)
CAWinword\00C\89Mi1kStreet.doc 12 NACC 5/11/05
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1305
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid
for thr
eeear
s
Y unless otherwise specified
condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Iss ance
Please indicate the number of members who will sign this form:
This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the pro owner, if different
from applicant.
Signatures:
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this Day 1, 4-kH'-)lH'-)l a6OS
Month Year
Before me, the undersigned Notary Public, SC-0 tAss VL
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification,which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover
City/Town Conservation Commission
DONNA M.WEDGE / Q
NOTARY PUBLIC /—
'' COMMONWEALTH OF MASSACHUSETTS Si nature of Notary Public
My Comm.Expires Aug.7,2009 _ 0
Pr tni ed Name o No/airy Public
Place notary seal and/or any stamp above � da
My Commis on xpires(Date)
This Order is issued to the applicant as follows:
M/by hand delivery on oy certified mail, return receipt requested,on
L5-/,0,/in's
Date y Date
wpaform5.doc• rev.3/1/05
Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1305
Massachusetts Wetlands Protection Act M.G.L. c. 131
40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order,or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc• rev.3/1/05
Page 8 of 9
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 — Order of Conditions 242-1305
i
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
L11
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1305
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc• rev.3!1/05 Page 9 of 9
{
FORM A
APPLICATION FOR APPROVAL NOT REQUIRED
DATE:
(Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the
Planning Board.)
To the Planning Board:
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts,
does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for
a determination and endorsement that the Planning Board approval under the Subdivision Control
Law is not required. / /�
1.Name of Applicant: �` �
Address: U'YZ
2.Location and Description of Property[include Assessor's Map
andLot and ZoningDistrict(s)j:_ M-i' 4v 7- q,1Y
3.Deed Reference: Book s Page ...�,�,
or Certificate of Title:
4.Name of Surveyor: / f� �"t zc- C"' e e'zr"Ve— t Les'
Address: 1� 5-7- 4.-jJ fy--ez
Signature of Owner(s): PCmewe�f
Address:
of ")er
i
Please indicate the grounds(either A,B,C or D,not a combination)on which you believe your plan not to be
a subdivision.
A. Each lot on the plan meets one of the following criteria:
1. Has the frontage,lot area,and lot width required under the Zoning By-law on:
a) a public way,or
b) away which the Town Clerk certifies is maintained&used as a public way,or
c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control
Law,recorded in Plan Book Plan ,or
d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the
Board finds adequate for the way's proposed use,or
e) away shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adoption of the Subdivision Control Law.
B. Each Lot has been clearly marked on the plan to be either:
a) joined to and made part of an adjacent lot,or
b) labeled"Not A Building Lot".
C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision
Control Law.
D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described
above.
Received: Town of North Andover Town Clerk(date stamp):
Signature of Town Official receiving this application:
RECEIVED
.JOYCE BRADSHAW
TOWN CLERK
!,40 STN ANDOVER
Notice to APPLICANT/TOWN CLERK of action of Planning Board on accor�fyAW-al A 11; 2 S
1. The North Andover Planning Board has determined that said plan does not require approval under the
Subdivision Control Law,and the appropriate endorsement ha been made upon the same.
2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by
G.L.c.41,s. 81-L and must therefore be re-submitted to it for approval under the Subdivision Control
Law.
"Very truly yours,
North Andover
Planning Board
Date:
r .
FORM A
APPLICATION FOR APPROVAL NOT REQUIRED
DATE: --;,'
•. J ..t.,
(Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the
Planning Board.)
To the Planning Board:
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts,
does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for
a determination and endorsement that the Planning Board approval under the Subdivision Control
Law is not required.
LZ
1.Name of Applicant: `"" 1`
Address: f C J Z
2.Location and Description of Property[include Assessor's Map
andLot and ZoningDistrict(s)]: t'9 y Lo7-
3.Deed Reference: Book J—S Page
or Certificate of Title:
4.Name of Surveyor: / 1&UZ-t M/W— Le
Address: E7 ,gNddl-ter 11 f(
Signature of Owner(s): J
Address:
3qAl' �i
Please indicate the grounds(either A,B,C or D,not a combination)on which you believe your plan not to be
a subdivision.
A. Each lot on the plan meets one of the following criteria:
1. Has the frontage,lot area,and lot width required under the Zoning By-law on:
a) a public way,or
b) a way which the Town Clerk certifies is maintained&used as a public way,or
c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control
Law,recorded in Plan Book Plan ,or
d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the
Board finds adequate for the way's proposed use,or
e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adoption of the Subdivision Control Law.
B. Each Lot has been clearly marked on the plan to be either:
a) joined to and made part of an adjacent lot,or
b) labeled"Not A Building Lot".
C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision
Control Law.
D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described
above.
Received: Town of North Andover Town Clerk(date stamp):
Signature of Town Official receiving this application:
Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan:
1. The North Andover Planning Board has determined that said plan does not require approval under the
Subdivision Control Law,and the appropriate endorsement hakbeen made upon the same.
2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by
G.L.c.41,s.81-L and must therefore be re-submitted to it for approval under the Subdivision Control
Law.
'Very truly yours,
North Andover Planning Board
By:
Date:
ILIMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 4B — Order of Resource Area Delineation 242-1299
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use
only the tab Conservation Commission
key to move This Issuance is for(check one):
your cursor-
do not use the
return key.
® Order of Resource Area Delineation
�/(I,� I ❑ Amended Order of Resource Area Delineation
To: Applicant: Property Owner(if different from applicant):
Hi hview LLC Richard Adams c10 Dave Bernardin (Esquire)
9 ( q )
Name Name
1501 Main Street, Unit 47 346 North Main Street
Mailing Address Mailing Address
Tewksbury MA. 01876 Andover MA. 01810
Cityrrown StateZip Code City/Town State Zip Code
1. Project Location:
Milk Street North Andover
Street Address Citylrown
Map 59 Lot 40
Assessors Map/Plat Number Parcel/Lot Number
2. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Plan of Land 2/2/2005 rev, L A3%S
Title Date
Title Date
Title Date
3. Dates
005 asl.13 05 gIaYA5
Date Notice of Intent Filed Date Publib Heaifng Closed Dat— a l9suancd
wpaform4b.doc.rev.10/6/04 Page 1 of 3
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection Wetlands
WPA Form Q - Order of Resource Area Delineation 242-1299
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Order of Delineation
The Conservation Commission has determined the following(check whichever is applicable):
® Accurate: The boundaries described on the referenced plan(s) above and in the Abbreviated Notice
of Resource Area Delineation are accurately drawn for the following resource area(s):
® Bordering Vegetated Wetlands
Other Resource Area(s), specifically:
SO IJo ='114 Zcne. "d 100' 6UACC Zcp
❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the
Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area
Delineation, are accurately;drawn from the following resource area(s):
❑ Bordering Vegetated Wetlands
❑ Other Resource Area(s), specifically:
❑ Inaccurate: The boundaries described on the referenced plan(s)and in the Abbreviated Notice of
Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following
resource area(s):
❑ Bordering Vegetated Wetlands
❑ Other Resource Area(s), specifically:
The boundaries were determined to be inaccurate because:
wpaform4b.doc•rev.10/6/04 Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1299
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Order of Delineation (cont.)
This Order of Resource Area Delineation determines the boundaries of those resource areas noted above
and is binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act
(M.G.L. c.131,§40)and its regulations(31.0 CMR 10.00) regarding such boundaries. This Order does
not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not
specifically noted above, regardless of whether such boundaries are contained on the plans attached to
this Order or to the Abbreviated Notice of Resource Area Delineation.
This Order must be signed by a majority of the Conservation Commission. The Order must be sent by
certified mail (return receipt requested)or hand delivered to the applicant.A co so must be mailed or
hand delivered at the same time to the appropriate DEP Regional Office(s pendix A)
Signatures:
This Order is valid for three years from the date of issuance.
This Order is issued to the applicant and the property owner(if different) as follows:
❑ by hand delivery on dby certified mail, return receipt requested on
Q a 05
Date Dates
C. Appeals
The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office(see Appendix A)to issue a Superseding Order
of Resource Area Delineation. The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Appendix E: Request for Departmental Action
Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of
issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand
delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00).
To the extent that the Order is based on a municipal bylaw or ordinance, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate
jurisdiction.
wpaform4b.doc•rev.10/6104 Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands.
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Cee Northampton Southampton Whataly
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Laveran Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Gree eld Ludlow Painam Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashbumham Clinton Hubbardston Miltvilte Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston'
Fax:508-792-7621 Ayer, East Brookfield Leicester NOAh Brookfield Spencer- West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford StowWestminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wetifiest
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:50$-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgertown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpae Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Conasset Hull Middleton Reading Waltham
Boston,(VIA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Moron Rockport Wayland
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
Wpaform4b.doc-rev.10/6/04 Page 1 o 1
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or artYmakin request(If appropriate, name the citizen group's representative):
):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. Cityrrown State Zip Code
Phone Number Fax Number(if applicable)
Project Location
Mailing Address
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability(Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
242-1299
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions($100 for individual single family homes with associated
structures;$200 for all other projects)
❑ Superseding Determination of Applicability($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
Wpaform4b.doe•Fee Transmittal Form•rev.1016!04 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office.
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
Wpaform4b.doc•Fee Transmittal Form•rev.10!6/04 Page 2 of 2
i
Highview LLC
1501 Main St. U47 978-851-3048
Tewksbury Ma. 01876 fax 978-858-3851
From: Highview LLC, Robert K. Ahern,Member 1/27/07
To: Mr. Lincoln Daley, Director of Planning,No. Andover, Ma
Re: Milk St.,No.Andover Ma.
Dear Mr Daley,
As you will recall,we subdivided a certain site on Milk St,which is
located directly across from Heath St, into two (2)new lots now known as Assessor's
map 59, lots 40-1 and 40-2. This plan was recorder on 4/7/05, and is listed as Plan#
15037. It is our intention to further subdivide these two parcels into three lots that will
now be known as 40-1A,40-2A, and 40-3. We would ask that you review this plan and,
provided that it meets with your approval, sign it as a Form"A"plan, and we will then
record it.
Please feel free to contact me if you have any questions or concerns
Sincerely, A
Robert K. Ahern, Member,
Highview LLC
Osgood Landing
�Fown of North Andover
1600 Osgood St.
Bldg. 20, Suite 2-36 Planning Dept.
North Andover,MA 01845 ITCEIVED
FORM A
APPLICATION FOR APPROVAL NOT REQUIRED 207 JAN 2° PM 2: 4 7
DATE:
0'-'T I I A
(Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the
Planning Board.)
To the Planning Board:
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts,
does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for
a determination and endorsement that the Planning Board approval under the Subdivision Control
Law is not required.
Highview LLO
1.Name ofpplicant-
,.ifo sober t Y,. Anern 1501 Main St, U47, Teeksbury, Ma.01876
Address: .,�jj-ijc .2:L i4ap 5 ,-- ,rets 40-1A, 40-2A. and 40-3 ( proposed I-of',T)
2.Location and Description of Property[include Assessor's Map
andLot and ZoningDistriet(s)]: R3 zone P u r r e n t !,Ott;
40-1
3.Deed Reference: Book-4-5-9—, Page-3-2—
or Certificate of Tide:
4.Nanwof Surveyor:M-exrimac rt;nginee-rjng .Spry inps
Address: 66 m.-rk St- Ancloypr iyja - QJ�Q
Signature of Owner(s): ILO 6 el t-K A A e/'-,j
Address: 01876
rL-O �
7 <
17�
41 -?Y-d rIC411
r
Please indicate the grounds_(either A,B,C or D,not a combination)on which you believe your pian not to be
a subdivision.
A. Each lot on the plan meets one of the following criteria:
i. Has the frontage,lot area,and lot width required under the Zoning By-law on:
a) a public way,or
_ b) a way which the Town Clerk certifies is maintained&used as a public way,or
c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control
Law,recorded in Plan Book Pian ,or
d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the
Board finds adequate for the way's proposed use,or
e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adoption of the Subdivision Control Law.
B. Each Lot has been dearly marked on the plan to be either:
a) joined to and made part of an adjacent lot,or
b) labeled"Not A Building Lot".
C. Each lot on the pian contains a building which existed prior to the adoption of the Subdivision
Control Law.
D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described
above.
Received: Town of North Andover Town Clerk(date stamp):
Signature of Town Official receiving this application:
+ M
ibt.�MZ
2001 FEB 20 P11 4t 00
Notice to APPLICANT/TQWN CLERK of action of Planning Board on accompanying plan: TO-
The North Andover Planning Board has determined that said plan does not require aper r itil! y i ,`a
Subdivision Control Law,and the appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by
G.L.c.41,s. 81-L and must therefore be re-submitted to it for approval under the Subdivision Control
Law.
Very truly yours,
North Andover Planning Board