HomeMy WebLinkAboutNORTH ANDOVER LAND CORPORATION pORTH
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CONSERVATION DEPARTMENT
Community Development Division
Modification to the Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant: North Andover Land Corporation
1503 Turnpike Street
North Andover,MA 01845
the modifications outlined in a letter prepared by New England Engineering Services,Inc.,
dated February 5, 2007 relative to lots 43C and 44C, Thistle Road, and shown on the as-
built plan, prepared by New England Engineering Services, Inc.,dated February 5,2007.
as modifications to the Order of Conditions issued in DEP File#242-1301, dated May 2005and
recorded in Book 4248 and Page 4.
Issued by the NORT DOVER CONSERVATION COMMISSION:
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On this Sf of before me personally appeared Scott
Day MoAth Year
Masse to me known to be the person described in and who executed the foregoing instrument
and acknowledged that he/she executed the same as his/her free act and deed.
B-71,0 ec-' );'l �2�2 0A Oo
Notary Public My Commission Ex fres
DONNA K WEDGE
NOTARY PUBLIC
'MONWEALTH OF MAS cn^'"SETTS
J. Comm.Exoi;_s
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
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�ORTM
Town of North Andover R E Vp
Office of the Planning Department 'JOYCE RADS AW
Community Development and Services Division fiCLERc
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9ssCHWU 400 Osgood Street
North Andover,Massachusetts 01845 '"'�S JUN -8 P 2: 21
Lincoln Daley
hM://www.townofnorU=dover.com
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Town Planner
P(978)688-9535
F(978)688-9542
June 7, 2005
Mr. Benjamin Osgood
North Andover Land Corp.
60 Beechwood Drive
North Andover, MA 01845
Dear Mr. Osgood,
As you are aware, the Planning Department received a Form A plan on May 23, 2005
proposing a lot line change for property located at Thistle Road,North Andover, MA.
Map 38, Parcel 314 and Map 38,Parcel 313 by relocating the common lot line between
these two parcels. Said parcels are located in the R-3 zoning district in North Andover,
MA.
The process will allow for the proposed re-subdivided lots to be divided. Parcel 313-1,
and Parcel 314-1. Parcel 313-1 has an area of 40,510.8. s.f. and Parcel 314-1 has an area
of 37,103.7 s.f.
Reference Plan of Land dated May 17,2005,as revised on May 25,2005 and June 2,
2005 by David Alves, Professional Land Surveyor#45454,as drawn by New England
Engineering Services, Inc., 60 Beechwood Drive,North Andover, MA 01845.
At the regularly scheduled Planning Board meeting of June 7,2005 the Board voted
unanimously in favor.
Sincerely,
Lincoln Daley, Town Planner
cc: Planning Board
Engineer
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
RE.Up
FORM A 1 yCE.8RA0S.HAW
f � CLPRIK
APPLICATION FOR APPROVAL NOT REQUIRED :. NO U'�'�r
Y 23 P
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: R(o Rr1 r klu pay" �D
Address: 60 '-woo P Pi41 vE
2.Location and Description of Property[include Assessor'Mnn
andLot and ZoningDistrict(s)]: AVTS G
"C19z' 31343
ge
93
3.Deed Reference: Book �Z'1a page—A
or Certificate of Title: '
4.Name of Surveyor: Pef n
Address:
Signature of Owner(s):
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
X c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control
Law,recorded in Plan Book Plan !/,_ �6,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 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:
jQYTU;OR-A,H.-BAW
Notice to APPLICAW/TOWN CLERK of action of Planning Board on accompanying plan:
1, has determined that said plan does not require approval under the
The North Andover Planning Board
Subdivision Control Law,and the appropriate endorsement has been made upon the same.
sion
dened by
2. The North Andover Planning Board has determined that said Plan shows hoal.under ue�Subdivision1Control
G.L.c.41,s.81-L and must therefore be re-submitted to it for appy
Law.
31
3
very truly yours, .
North Andover Planning Board
By
Date.
�id�
r t
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1301
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: t.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 North Andover Land Corporation
use the return a.First Name b.Last Name c.Company
key. 60 Beechwood Drive
d.Mailing Address
North Andover MA. 01845
e.City/Town 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:
Lots 43C&44C Thistle Road North Andover
a.Street Address b.City/Town
Map 38 Parcel 313, 314
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)
4248 164
c.Book d.Page
7. Dates: 3/11/05 3 V5-
a.Date Notice of Intent Filed b.DatWPublic Hearing Closed c.bati of Issuance
8. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Site Plan Lots 43C &44C
a.Plan Title
New England Engineering Services, Inc. Benjamin C. Osgood, Jr., P. E.
b.Prepared By c.Signed and Stamped by
3/11/05, revised 3/22/05, revised 3/28/05, 1"=20'
revised 4/7/05 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.City/Town Fee Paid
wpaform5.doc• rev.3/1/05 Page 1 of 9
i
L1Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
1 WPA Form 5 - Order of Conditions 242-1301
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
t. 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 Acta 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 10.06(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
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.doc• rev.311/05 Page 2 of 9
t i
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1301
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 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.ciy nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.cty nourishmt. d.cty 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
Page 3 of 9
wpaform5.doc• rev.311/05
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1301
I
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, "MA DEP"]
"File Number
242-1301 "
i
Page 4 of 9
wpaform5.doc• rev.311/05
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 Order of Conditions 242-1301
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 Jo 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
Page 5 of 9
wpaform5.doc• rev.3/1/05
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1301
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:
b.Citation
a.Municipal Ordinance or Bylaw
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: Chapter 178
North Andover Wetland Protection Bylaw b.Citation
a.Municipal Ordinance or Bylaw
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 bylaw are as follows:
space for
additional See attached
conditions,
select box to
attach a text
document
Page 6of9
wpaform5.doc• rev.311/05
5 i
DEP FILE#242 - 1301
Therefore, the North Andover Conservation Commission(hereafter the"NACU) hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein,and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and
Regulations, and may require any information,measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC is
satisfied that the work will comply and has so notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-laws
or regulations.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to
one year each upon application to the issuing authority at least thirty days (30) prior to
the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions or
information so warrant.
C:\word\OOC\43C&44CThistleRd.doc 1 NACC 512105
1
DEP FILE #242 - 1301
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. 242-1301 as a substitution for the
Order of Conditions issued under 242-784(Abbott Village Subdivision) for these
lots.
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: Construction of two(2) single-family dwellings (one
per lot) with associated driveways,installation of a segmental block retaining wall,
utilities and associated site grading activities in the buffer zone to a bordering
vegetated wetland and off property isolated vegetated wetland (jurisdictional under
the Bylaw only).
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: North Andover Land Corporation(applicant)
60 Beechwood Drive
North Andover,MA 01845
Received March 11,2005
NOI &Site Plans Prepared by: New England Engineering Services,Inc.
60 Beechwood Drive
North Andover, MA 01845
Dated March 11,2005,last Rev. dated 4-7-05.
Plans signed &stamped by Benjamin C. Osgood,
Jr., P.E.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone
to a Bordering Vegetated Wetland (BVW) and Isolated Vegetated Wetland (IVW);
(BLSF elevation noted in 242-784 filing as 196.8). These resource areas are significant
to the interests of the Act an
I� d Town Bylaw as noted above and therein. The applicant
C:\word\OOC\43C&44CThistleRd.doc 2 NACC 5/2/05
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DEP FILE #242 - 1301
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 approved pp owed and as shown on the plans dated referenced herein.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty-five foot (25') No-
Disturbance Zone and a fifty foot(50')No-Construction Zone shall be established
from the edge of the adjacent wetland resource area. Further, a 50-foot No-
Disturbance Zone and a 75-foot No-Construction Zone shall be established from the
edge of the isolated vegetated wetland resource area,as this area showed
characteristics of an ephemeral pool as defined in the bylaw regulations,but could
not be determined at the time of approval. 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 Commissions jurisdiction under the order, agree that the Order
does not in itself impose upon the Town any responsibility to maintain the proposed
drainage system and that said Town shall not be liable for any damage in the event of
failure. By acceptance of this Order, the owners agree to indemnify and hold harmless
to the Town and its residents for any damage attributable to alterations undertaken on
this property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way,becomes the responsibility of the Town.
PRIOR TO CONSTRUCTION
I
35. 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.
C:\word\OOC\43C&44CThistleRd.doc 3 NACC 5/2/05
DEP FILE #242 - 1301
36. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
37. 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 242-1301."
38. 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.
39. 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.
40. 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.
I,
41. 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
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DEP FILE #242 - 1301
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.
42. 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.
43. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 40 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.
44. 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.
45. The applicant shall designate a Professional Wetland Scientist as the project's
"Erosion Control Monitor" (ECM) to oversee any emergency placement of controls
and regular inspection or replacement of sedimentation control devices. The name and
phone number of the erosion control monitor must be provided to the NACC in the
event that this person has to be contacted, due to an emergency at the site, during any
24-hour period, including weekends. This professional must submit a letter to the
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a
DEP FILE #242 - 1301
Conservation Department,on company letterhead stating they have been retained as
the project's Erosion Control Monitor. The designated Erosion Control Monitor is
subject to approval by the NACC. This person shall also be given the authority to
stop construction for erosion control purposes. The ECM 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.
46. At least ONCE during each week, or otherwise arranged by the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains
unstable, it is the applicant's responsibility that the Environmental/Erosion Control
Monitor(EMC) monitor the site and submit written reports to the NACC. The EMC
shall certify 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 EMC 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. The reports shall also include current condition of erosion
and sedimentation controls; describe any erosion or sedimentation repair and / or
replacement; and describe any erosion or sedimentation problems and mitigation
measures implemented. Such reports shall continue until the applicant requests a less
frequent reporting schedule or an end to reports. This request must be submitted in
writing and is subject to approval by the Conservation Administrator.
47. Prior to construction, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" with seven (12) signs or markers spaced evenly every 40-feet
incorporating the following text: "Protected Wetland Resource Area". In addition,
four (4) of the same wetland protection markers shall be installed along the "50' No-
Build Zone" upgradient to the off property isolated 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.
48. Prior to the commencement of any work on site, a Registered Land Surveyor (R.L.S.)
shall stake the foundation corners of the proposed single-family home and deck on
lot 43C. The Conservation agent shall verify these measurements during the pre-
construction meeting.
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
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DEP FILE #242 - 1301
owner has read these Orders of Conditions and is in 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).
STORMWATER MANAGEMENT CONDITIONS
51. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition
of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in
the catch basins be maintained. All catch basins shall be free of all accumulated silt and
debris before Compliance is issued and the owner or his/her agent shall so specify in
the request for Compliance.This condition will remain in perpetuity.
52. All roof runoff shall be directed to the infiltrators to provide groundwater recharge,
as shown on the approved plans referenced herein
53. 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.
54. 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.
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DEP FILE #242 - 1301
DURING CONSTRUCTION _J
55. The NACC shall be notified in writing of any lot line or number changes with a copy of
a plan showing these changes prior to any
work on these
lots.
56. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
57. The contractor will take all steps necessary to control dust onsite so that adverse effects
on adjacent resource areas and / or habitat do not occur.
58. IMPORTANT: Immediately upon completion of the dwelling foundation,and prior
to further construction activities associated with the site,the applicant shall submit an
interim as-built 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
59. A crushed stone construction entrance shall be installed to minimize soil/material
tracking onto Thistle Road. This entrance shall be reinforced as necessary.
60. Upon beginning work, the applicant shall submit a written progress report 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.
61. 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.
62. The sewer lines on the site shall be tested for water tightness in accordance with North
Andover DPW standards.
63. De-watering activities anticipated shall be supervised and witnessed by the
Environmental Monitor or a representative from the Conservation Department. This
person must be on-site while work specific to de-watering activities are occurring and
until complete. Activities shall be monitored daily by the Environmental 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 under the MA Wetlands Protection Act and / or the North Andover
Wetlands Bylaw. If emergency de-watering requirements arise, the applicant shall
submit a contingency plan to the Commission for approval, which provides for the
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DEP FILE #242 - 1301
pumped water to be contained in a settling tank or 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 permanently stabilized using clean, stone rip-
rap or a bio-degradable jute matting or equivalent.
67. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area.
68. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
69. All waste generated by, or associated with, the construction activity shall be contained
within the construction area,and away from any wetland resource area. There shall be
no burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site for
the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50' of areas subject to protection under the
Act or local Bylaw.
70. Equipment shall not be staged overnight within 50-feet of a wetland resource area.
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.
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DEP FILE #242 - 1301
AFTER CONSTRUCTION
72. No underground storage of fuel oils shall be allowed on any lot within one hundred
(100)feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland protection Bylaw.
73. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition shall
survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town's Wetland Protection Bylaw and shall
remain in perpetuity.
74. 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 unvegetated areas shall be seeded.
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�
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DEP FILE #242 - 1301
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 elo
pment eleva i
ons of all drainage &
g 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 gpy disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
77. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved under 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);
➢ Maintenance of catch basins (Condition #51);
➢ 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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DEP FILE #242 - 1301
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)
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1301
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 s 3
condition pursuant to General Conditions#4,from the date of issuance. i.Date 6f i nuance
Please indicate the number of members who will sign this form: y
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 deliv at the same time to the appropriate Department of
Environmental Protection Region trice, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
�t✓L�-f"
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this 7A orI
f 0
Day Montill Year 005
Before me, the undersigned Notary Public, S C d g—I S--e—
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
NIMIMPUNIX zzz"'J2--
OONINAIi1.YYEDt�
CNAOWANCFWMKWAM Signature of Notary Public
AM t? b
Pri ed Name of ota Public
Place notary seal and/or any stamp above a? o
My Commissi n tv6ires(Date)
This Order is issued to the
applicant as follows:
❑ by hand delivery on dby certified mail, return receipt requested,on
Da /as
Date te
wpaform5.dm• rev.311/05
Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
1
WPA Form 5 -
Order of Conditions 242-1301
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
aE
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File.Number:
WPA Form 5 - Order of Conditions 242-1301
t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
----------------------
- ----------------------------------------------
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1301
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:
I
Document Number
Signature of Applicant
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