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Building Permit #651-2017 - 30 Leydon Street 12/19/2016
TYPE OF IMPROVEMENT PROPOSED USE ETResidential Residential IR New Building ❑ One family ❑ Addition % Two or more familydustrial ❑ Alteration No. of units: ❑ Commercial ❑ Repair, replacement 0 Assessory Bldg ❑ Others: ❑Demolition ❑ Other Septic Well ❑ Floodplain 0 Wetlands m Watershed District OWNER: Name: DESCRIPTION OF WORK TO tat NtK1-L)K1V1tu: I entifi tion - Please Type or Print Clearly r�kh"Oy7\ ;.tSL'�sC� l krL.LA Ir—_ Phone: Address: Contractor Name.- _ one: Supervisor s,Const uction License: (DQ �7�7 `3 Z Exp. - Date Home Improvement License:. - Exp Dateu ARCHITECT/ENGINEER n cQ. Phone: 90 z vL?/ Address:��= �n �„ kvh�, �c- L C�( SIC Reg. No. FEE SCHEDULE: BULDING PERMIT: $92.00 PER $9000.00 OF THE TOTAL ESTIMATED COST BASED ON $925.00 PER S.F. eJ �_ _ .Total Project Cost: $ -� �,�o� �� �tVY 3sSq� FEE: $ X Check No.: � Receipt No., N ersons contracting witli unregistered contractors do -ho- t ave: s t the my fund S`ia use of_A _ t/Or,Nnerivs Signature o c n ractor -- u bn i J 3 k ���,w=� ._ _,.. -_- T Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE of SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/Body Art ❑ Swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private (septic tank, etc. ❑ permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM PLANNING & DEVELOPMENT Reviewed OnSignature_ MMENTS CONSERVATION C MMENTS Reviewed on 1�- �)-- I; gyp_ (0 ) HEALTH Reviewed on (7, h Ll C MENTS / 6 Clete (+ 1' QG� V�ft,A CAJ/ Zoning Board of Appeals: Variance, Petition No: r, Planning Board Decision: Comments Sianatu _�4-_I_- ing Decision/receipt submitted yes Conservation Decision: Comments Water & Sewer Connection/Signature & Date Driveway Permit DPW Town Engineer: Signature: FIRE DEPARTMENT - Temp Dumpster on site yes Located at 124 Main Street Fire Department signature/date COMMENT &,/y6/ Locatea Jd4 no Street -)imension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop.,requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A —F and G min.$100-$1000 fine Doc.Building Permit Revised 2014 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Cross Section/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products `--� NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses orkers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products 40TE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg. Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc: Building Permit Revised 2014 Location 0,n to WI0 V No. (05 1 - 2-01 :) Date A; I f TOWN OF NORTH ANDOVER Certificate of Occupancy Building/Frame Permit Fee Foundation Permit Fee Other Permit Fee TOTAL 7 (Ir Check # Building Inspector 2!1/2017 Town of North Andover Mail - Add an address and printing issue with View Point N4Rb- OVER Massachusts Maura Deems < m deem s@northandoverm a.g ov> Add an address and printing issue with View Point 11 messages Maura Deems <mdeems@northandoverma.gov> Thu, Dec 22, 2016 at 4:13 PM To: Jean Enright <jenright@northandoverma.gov> Jean, Would you please add 0 Leyden Street to Laser Fiche? I had a customer who could not print their permit #22666. 1 was able to and then emailed to her. Her name is Laurie and her number is 978-987-6997 if you need to reach out to her. She was the same customer that did not have a license number as they were installing low voltage items. Thank you, Maura Maura Deems Building Department Assistant Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9545 Fax 978.688.9542 Email mdeems@northandoverma.gov Web www.northandoverma.gov Jean Enright <jenright@northandoverma.gov> To: Maura Deems <mdeems@northandoverma.gov> �- eUVA ckL Thu, Dec 22, 2016 at 4:22 PM Maura, Has 0 Leyden Street been assigned an address yet? MIMAP has #50 on the parcel once you select 0 Leyden Street. Jean [Quoted text hidden] Sincerely, Jean Enright Planning Director Town of North Andover https://m ai I .googl e.com /m ai I/ca/u/0/?ui=2&i k=aeO2b3b5c4&view=pt&search=i nbox&th=15928618f955c574 1/4 2/7/2017 120 Main Street North Andover, MA 01845 Town of North Andover Mail -Add an address and printing issue with View Point Phone 978.688.9533 Fax 978.688.9542 Email: jenright@northandoverma.gov Web: www.TownofNorthAndover.com cid:image001.jpg( Maura Deems <mdeems@northandoverma.gov> To: Jean Enright <jenright@northandoverma.gov> Jean, The address 0 Leyden Street, is lot 5, 1 believe the comer of Cotuit and Leyden Streets. Maura [Quoted text hidden] Maura Deems Building Department Assistant Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9545 Fax 978.688.9542 Email mdeems@northandoverma.gov Web www.northandoverma.gov r ivy Thu, Dec 22, 2016 at 4:26 PM Jean Enright <jenright@northandoverma.gov> Fri, Dec 23, 2016 at 8:24 AM To: Maura Deems <mdeems@northandoverma.gov> Would you please email me the front page of the Form U. If this is for the new house being constructed on Leyden Street I would like to add the assigned mailing address associated with 0 Leyden Street. Thank you [Quoted text hidden] https://mail.google.com/mail/ca/u/0/?ui=2&ik=aeO2b3b5c4&view=pt&search=inbox&th=15928618f955c574 2/4 2/7/2017 Town of North Andover Mail - Add an address and printing issue with View Point i Jean Enright <jenright@northandoverma.gov> Tue, Dec 27, 2016 at 11:38 AM To: Maura Deems <mdeems @northandoverma.gov> Maura, I have added 0 Leydon Street to LaserFiche. My understanding is that a condex will be constructed with addresses of 30 and 32 Leydon Street. Jean [Quoted text hidden] Maura Deems <mdeems@northandoverma.gov> Tue, Dec 27, 2016 at 12:40 PM To: Jean Enright <jenright@northandoverma.gov> Jean, Thank you for that info. Do you think we should scan and store under 30 Leydon? Maura [Quoted text hidden] Jean Enright <jenright@northandoverma.gov> Tue, Dec 27, 2016 at 1:59 PM To: Maura Deems <mdeems@northandoverma.gov> Maura, I haven't added 30 or 32 to LaserFiche yet because I do not want to be the one that creates the map/lot/block numbers. I do not think those will be assigned until the Assessor's office gets the information. [Quoted text hidden] Jean Enright <jendght@northandoverma.gov> Wed, Jan 18, 2017 at 10:11 AM To: Maura Deems <mdeems@northandoverma.gov> Maura, I added 0 Leydon Street with the associated map/lot that the building permit was issued for to LaserFiche. At the time the permit was issued an address and map/lot had not been assigned. I contacted DPW and rec'd an address that T. Willett believed made sense; however, the Assessor's office had not assigned a map/lot. I was told they will not assign the map/lot until the receive the required legal information from the Registry of Deeds. I will not be notified when that information is assigned and have no way of knowing when it is created. If you want to hold the permit until an address and map/lot is assigned you will need to follow-up with the Assessor's office to get the information so that it can be added to LaserFiche. If you do not want to wait you can scan the permit to the 0 Leydon Street address that it was issued for. Jean [Quoted text hidden] Jean Enright <jendght@northandoverma.gov> To: Maura Deems <mdeems@northandoverma.gov> Thu, Feb 2, 2017 at 3:34 PM Maura, please read the email string. 0 Leydon Street was added to LaserFiche December 27, 2016. Unless you have rec'd a map/block/lot for 30 and 32 LaserFiche from the Assessor's office I cannot add those addresses to LaserFiche. Jean Forwarded message From: Jean Enright <jenright@northandoverma.gov> [Quoted text hidden] [Quoted text hidden] Maura Deems <mdeems@northandoverma.gov> To: Jean Enright <jenright@northandoverma.gov> Thu, Feb 2, 2017 at 3:43 PM Jean, just spoke with Julio regarding the 30-32 Leydon Street and the map is 47 and the parcel is 151. Maura [Quoted text hidden] https://m ai l.google.com/mai I/ca/u/0/?ui=2&ik=aeO2b3b5c4&view=pt&search=inbox&th=15928618f955c574 3/4 2/7/2017 Town of North Andover Mail -Add an address and printing issue with View Point Ar, _• Jean Enright <jenright@northandoverma.gov> Tue, Feb 7, 2017 at 9:08 AM To: Maura Deems <mdeems@northandoverma.gov> Cc: Eric Kfoury <ekfoury@northandoverma.gov> Maura, There is another segment in a Property ID (map, parcel, and block — not sure if that is the proper identification order) needed for entering an address into LaserFiche. My understanding is that per the ZBA decision, the unit being constructed will be a condominium with two separate owners. This makes the missing segment very important. If you select either 29 or 31 Cotuit Street in MIMAP and look at the upper right hand side you will see a good example of a condominium Property ID. My understanding is that the proposed units to be constructed on 0 Leydon Street (which currently has the map/lot/block of 047.0-0151-0000.0) will be very similar to the condominiums constructed on Cotuit Street. When I spoke to Julio in mid-December he indicated that he would need to receive information from the Registry of Deeds before he could establish the proper Property ID (map/lot/block) for the proposed condominium units. 0 Leydon Street with its associated Property ID has been added to LaserFiche. Jean [Quoted text hidden] hftps://mail.google.com/mail/ca/u/0/?ui=2&ik=aeO2b3b5c4&view=pt&search=inbox&th=15928618f955c574 4/4 Enter construction cost for fee cal - North Andover Fee Calculation Construction Cost $ 448,000.00 m $ - $ 5,376.00 Plumbing Fee $ 672.00 Gas Fee 100 comm. $ 100.00 Electrical Fee $ 672.00 Total fees collected $ 6,820.00 0 Leydon Street 651-2017 on 12/19/2016 single family home BUILDING PERMIT 3 TOWN OF NORTH ANDOVER o2 APPLICATION FOR. PLAN EXAMINATION Permit No#: U5- ' of 1 Date Received nate ISSi iPri- 10 l ! el TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential 19 New Building ❑ One family ❑ Addition % Two or more family ❑ Industrial ❑ Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑ Assessory Bldg ❑ Others: ❑ Demolition ❑ Other Septie ❑Well - ❑Floodplain Vi/etlarids 1Natershed ®istnct z OWNER: Name: Address: Contractor Name DESCRIPTION OF WORK TO DE PERFORMED: ation - Please' "phone:._ C Supe►viso�'s Construetlon,Lieenge C�� 0-7- Z Dater �. n - - e Improvement'Li cense ARCHITECT/ENGINEER r, � Rltrj Phone: 90Z d l.?I Address:-)�z- �r IPA C`�(�(C> Reg. fa. FEE SCHEDULE. BULDING PERMIT. $12.00 PER $9000.00 OF THE TOTAL ESTIMATED COST BASED ON $925.00 PER S.F. I_ Total Project Cost: $k)o /!V Y 354 FEE: $ X Check No.: Receipt No,. r-2 -� N ersons contracting witla unregistered contractors do not ave: s to the r{cnty fund - --.. - — ... _ -- ------ ---- — - - - - -----...-.. -- - -- l( - Si tlOwner � . - g-_� v,; f Signature o c n tactor .4ub1- j T k L %Cd -'moi Plans Submitted ❑ Plans Waived 0 Certified Plot Plan ❑ Stamped Plans ❑ TYPE bF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/MassageBody Art ElSwimrni n g Pools El Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private (septic tank, etc. ❑ Permanent Dumpster on Site ❑ r THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM PLANNING & DEVELOPMENT Reviewed On !Z,it" Signature_b_,� l MMENTS CONSERVATION C MMENTS HEALTH ,1 Reviewed on Reviewed on (% 1 TS (�/ Clete?(,� v\rGA&eAJ� Signature.. Zonir-g Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature & Date Driveway Permit DPW Town Engineer: Signature: Locatea jb/4 usgooa bireei FIRE DEPARTMENT' - Temp Dumpster on site yes no Located at 124 Main Street Fire Department signature/date COMMENTS z Z to 0 0) OZ OZ O O _ J w O Q S62iF �ZW0 i`21 W N y Qa a UJ P a w Q w t J W J o > rn t o ( r r U- -H 'to a Owu Q�NQ n m000m r cn r w N W Q � rh t� r r w �= r W ' co r W r Z 90 � i mt_ O M r r a V _ !fin v q ° O m Z o {n SIN Q , m N Ta O O 0 LL Q G 9 w m LL O O O < / T Z O U Of, Z OU X: J Q R W Z �O m~ Z W O� za ooW WO maw w d N A, z Sa$� r m w w °-� rr�Ir�.Z)LL QOLLw = o Q Q m W � 0 U. 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C d C Dl C d C -O O ry S n S S 3 S Q� fi O 'dY. � OZ O .< mM O N 3 fD T m C C W v y W z > n M y O D T -� H 2 m O m m m D r O O O x 0 0 do T H 0 a s CL 0 c NORiH Zoning Bylaw Review Form Town Of North Andover Building Department 1600 Osgood St. Bldg 20 Suite 2-36 �1SS5CHUSEt�y North Andover; MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: Lot 5 Cotuit Street / 0 Leydon Street Ma /Lot: Map 47 Parcel 151 Zone R-4 Applicant: Robert J Burke.Trust Request: Construction of a New Two Family Home Date: 09/07/2016 . Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoninq Remedy for the above is checked below. Item # Special Permits Planning Board Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Fronta a Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting Planned Residential Special Permit 2 Frontage Complies X 3 Lot Area Complies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area X 3 Use Preexisting 2 Complies 4 Special Permit Required X 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3. Left Side Insufficient 3 PreexistingHeight 4 Right Side Insufficient 4 Insufficient Information X 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed j Sign NIA 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review S ecial Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exce tion Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing, Care Retirement Special Permit B-4 S ecial Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sigh R-6 Densit S ecial Permit Special permit for preexisting nonconforming Watershed Special Permit Plan Review Narrative The following narratiye'is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: 'Item "Reasons for + .;Reference B-4 4.122.14.A.b Two family dwellings, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1) of this Bylaw. Referred To: August 25, 2016 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover, MA 01845 Re: Robert J. Burke Trust, Lot 5 Cotuit Street/Leyden Street Special Permit Application Dear Members of the Zoning Board of Appeals: I, Nancy B. Norbedo, of North Andover, Massachusetts, am a Trustee of the Robert J. Burke Trust. The Trust owns the above property that is subject of this application for a special permit. I have conferred with the other two Trustees and I/we give authority to John J. Burke, Esquire, authority to represent the Trust in regards to the application for special permit before the Town of North Andover Zoning Board of Appeals Sincerely, Z Nancy B. N,96edo, Trustee ( we, Robert J. Burke and btary C. Burke of North Andover, Essex in cons'Idctation of less than $100.00 y �iti-4, Count), Mamchumuus grant to Robert S. Burke and Mary C. Burke as tenants in cocoon not as joint tenants, nor as tenants by the entirety,. 14 Chickering !load, of North Andoyer, Essex County, Massachusetts, faith t)uitc(aira rotenantos the land in North Andover, being lot "A" or. pian of land marked "North j Andover Hillside" owned by A J.. Landry, Ernest W. Branch, C.E., said pian being recorded in North Essex Registry of Deeds, Plan No. 597 and hounded and described as follows: Beginning at a point on the Northerly line of Andover Street by a stone wall, by.land now or formori.y mf one Evans, thence running South- westerly by said Northerly lute of Andover Street one hundred ninety and 11/170 (190.11) feet to a ,takes thence turning acid running by a curved line in a Northwesterly dire4tion forty-seven and 56/100 (47,56) feet to a stake on Cotuit Street on said plant thence running in a more Northerly 3irection by the Easterly line of said Cotuit Street six hundred thirty-nine and 19/100 (639.19) feet to a stakes thence turning on iii curved line and running Northoasterly forty-seven ans 12/100 (47.12) feet to an oak stake on Leyden Stsrest on said plan; thence turning Northeasterly in a straight line by the Southerly ling of said Leyden Street two hundred ninety-one and 62/100 4291.52) feet to land now or formerly Of Mall -ad; trance turning and running Southerly by said Malmju land one hundred seventy-one and 44/100 (171,44) feet: thence turning and running Westerly by said Malmad and Evans twenty-one and 77/100 (21.77) feet to a stone wall; thence by various courses along, the line of said stone mall and fence as shown on plan above referred to five hundred fifty-three and 95/100 (553.95) feet to the point of beginning; excepting therefrom, however that portion taken by the commonwealth of Massachusetts for the state high- way and set forth in instrument recorder) in said Registry, Book 559, Page 4 and also contained in deed of Annie E. Burke to Commonwealth of Massachusettts dated Nov. 3, 1931 and recorded with said Registry of Deeds, Book 562, Page 410. jtcmuod as a sealed imammeat aiti; ✓} dal of 1- 29 F2 d� P $I1S C � t (£uarta¢tgtt�u^ablt� s. �eu¢s$)¢¢a A3 Ivy' 7 Thele pasonatiy appeared the above named and ackan rkdard thr fo-going im[,umerc to be h e ✓ 'ree act and BC!i>,t ole.. ;L'wm7' ltpil6• My comxliseion sxpire► l j� /' 19 Recorded Sept.29,1987 at 1:31M #30596 .. --....•e.�,- ,. �Ct .ro.-•—... � _ _:lTA:l?^+:S:Y:..._...i_-"^-a.;..r,T,�,�... ... •.... '. ...•�. _. _....�......rn-gniemsw•......�._.�...�..... 010U LAW OFFICES OF JOHN J. BURKE, LLC 14 Chickering Road, North Andover, Massachusetts 01845 Tcl: 978.681.1570 FAX: 978.681.1572 jburkc@johnburkeatty.com August 15, 2016 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover, MA 01845 Re: Robert J. Burke Trust, Lot 5 Cotuit Street/Leyden Street Special Permit Application Dear Members of the Zoning Board of Appeals: Pursuant to paragraph 49 of the Town of North Andover special permit application, please accept the following as written documentation. 1. We are requesting that we be allowed to build a two-family structure consistent with the recently developed structures that we have built. The proposed structure will be consistent in size, structure and appearance as the two structures recently developed. 2. The specific site is an appropriate location for such structure. A search of the surrounding streets, including Cotuit Street, Jefferson Street, Kingston Street, Village Green Drive, Brewster Street and Acushnet Street, identifies a combination of two-family dwellings and apartment complexes. The applicant believes that the proposed structure compliments and reinforces the design features of this neighborhood. In support, the applicant and another builder have completed construction of three (3) two-family structures that abut the subject property and a part of the original five (5) lot locus. Said structures, as stated in this application, are consistent in size, structure and appearance as the proposed structure that is the subject of this application. In addition, the applicant believes that the proposed structure assists in achieving design compatibility with the architectural features and exterior materials of surrounding structures, not only of the applicants recently completed structures but the surrounding neighborhoods as well. 3. The applicant believes that there will be no nuisance or serious hazard to vehicles or pedestrians because the structure is set back from the road and the developer has and will continue to maintain and care for the site on a daily basis. 4. The applicant/developer has ensured (and will ensure) that adequate facilities will be provided for the intended use of a two-family structure. The applicant/developer has already provided the proper facilities for the two previously constructed structures. 5. The applicant believes that the requested structure is in harmony with the purpose and intent of the Zoning By -Law because the proposed structure is consistent in size, structure and appearance as the two structures recently developed and the neighborhood presently is made up of a combination of two-family dwellings and apartment complexes. We look forward to answering any questions that the Board may have. Sincerely, J. Plans Submitted ❑ Plans Waived F1 Certified Plot Plan ❑ Stamped Plans ❑ TYPE'bF SEWERAGE DISPOSAL Public Sewer ❑ Tanring/Massage/Body Art ❑ swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private (septic tank, etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM PLANNING & DEVELOPMENT MENTS CONSERVATION Re C MMENTS YHEALTH C MENTS Reviewed On I�� Signature Reviewed on Signature Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes .a Planning Board Decision: Conservation Decision: Comments Comments Water & Sewer Go n nection/Sig nature & Date Driveway Permit DPW Town Engineer: Signature: FIRE DEPARTMENT - Temp Dumpster on site Located at 124 Main Street Fire Department signatureldate COMMENTS &1,,61— yes Located 384 Osgood Street no OF NOFTH 9ti P •�9SS4CNUStt �• NORTH ANDOVER TOWN OF ZONING BOARD OF APPEALS 0f Procedure & Requirements for an Application for a Special Permit Twelve (12) copies of the following information must be submitted thirty 30 days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zonina Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlined. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM Petitioner completes an application form to petition the Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4. LIST OF PARTIES IN INTEREST., The petitioner requests the Assessors Office to compile a certified list of Parties in Interest (abutters). SPECIAL Rj,-,r;jj W%ff it SA Gh i" STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. STEPS: SUBMIT APPLICATION: STEP 10: RECORDING THE .DECISION AND PLANS. Petitioner submits one (1) original and 11 Xerox copies of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of fling. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 354 Merrimack Office, -and the 11 Xerox copies will be left with the St., Lawrence MA 01843, and shall complete the Zoning Board of Appeals secretary. Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services Town Hall 1600 Osgood Street 120 Main Street Building 20, Suite 2035 North Andover, Massachusetts 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9566 Assessor's Office 978-688-9541 Zoning Board of Appeals Office PAGE 9 of 4 PAGE 2 OF 4 Date & Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: RE *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: t e -L q -7 Y Years Owned Land: 3. Location of Property: a. Street:�j r __Zoning District . "< — Ll b. Assessors: Map umber 1�_Lot Number: -)SI c. Registry of Deeds: Book Number ;_Page Number: 4. By -Law Sections under which the petition for the Special Permit is made, *Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: � AR LL 1 *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage % 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage /u % Frontage Parking Feet Spaces /pa 0 Frontage Parking Feet Spaces 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 7A. Existing Building(s): Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 7B. Proposed Building(s): Ground Floor Number of Total Square feet Floors Sq. feet / :u, f'T Minimum Lot Setback Front Side A Side B Rear ma -17 -25 Minimum Lot Setback Front Side A Side B Rear 0 �y 3�r Minimum Lot Setback Frio Sid/ - Side Rea—r0 *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. Number of Units** Use of Number Building* of Units** :Too ram IW I-)weuaApt --02— *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. 6. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by th ni g Boar f this cation as incomplete. Signature above name(s) here JohA : / ,115V 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Special Permit from the requirements of MGLA ch. 40A, and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, 1-6, are required to be addressed with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the criteria required by the particular Special Permit for which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal requirements.). 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new constructionfa conversion/ and/or a proposed change in use. 10 A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: 1) five or more parking spaces, H) three (3) or more dwelling units, III) 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: I) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of V=401 A i - II) One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures and date. III) Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1. north point 2. zoning fiistrict(s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. II) Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner of record, and land surveyor. 7. Locus. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover" for the cost of first class, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps for each address listed on the abutter's list, plus an additional 2 for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no largerthan Vx2-5/8° (3 copies for the Legal mailing and one copy for the Decision mailing). C. See 2005 Revised Fee Schedule. L719> A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. as NORTH Zoning Bylaw Review Form Town Of North Andover Building Department 1600 Osgood St. Bldg 20 Suite 2-36 """5` C North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: Lot 5 Cotuit Street / 0 Leydon Street Ma /Lot: Map 47 Parcel 151 Zone R-4 Applicant: Robert J Burke Trust Request: Construction of a New Two Family Home Date: 09/07/2016 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Remedy for the above is checked below. Item # Special Permits Planning Board Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting Planned Residential Special Permit 2 Frontage Complies X 3 1 Lot Area Complies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area X 3 1 Use Preexisting 2 Complies 4 Special Permit Required X 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building height 1 All setbacks comply X 1 Height Exceeds Maximum 2 1 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information X 5 Rear Insufficient i Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D I Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed j I Sign N/A 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information 3 Insufficient Information 4 1 Pre-existing Parkin Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit B-4 Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new permit application fgfm and begin the permitting process. Building Department Official SignatuaV I Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: :!Item Reasons fo.r r Reference B-4 4.122.14.A.b Two family dwellings, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.111 of this Bylaw. Referred To: Fire X Health Police X Zoning Board X Conservation Department of Public Works X Planning Historical Commission Other X Building Department �O C + '�9S54CHUSE�h TOWN OF NORTH ANDOVER ■i ZONING i • ' OF B l - Procedure & Requirements for an Application for a Special Permit Twelve (12) copies of the following information must be submitted thirty 34 days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM Petitioner completes an application form to petition the Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4: LIST OF PARTIES IN INTEREST: The petitioner requests the Assessors Office to compile a certified list of Parties in interest (abutters). STEP 5: SUBMIT APPLICATION: SPECIAL =," ._ . t, V, - STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. - STEP 8:. PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP J: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Petitioner submits one (1) original and 11 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS. of all the required information to the Town Clerk's Office The petitioner is responsible for recordingcertification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 354 Merrimack Office, and the :11 Xerox copies will be left with the St., Lawrence MA 01843, and shall complete the Zoning Board of Appeals secretary. Certification of Recording form and forward it to the Zoning Board of Appeals and the Building. Department. IMPORTANT PHONE NUMBERS: 578-688-9533 Office of Community Dev. & Services Town Hall 1600 Osgood Street 120 Main Street Building 20, Suite 2035 North Andover, Massachusetts 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9566 Assessor's Office 978-688-9541 Zoning Board of Appeals Office PAGE 7 of 4 PAGE 2 OF 4 Date & Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: R *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Years Owned Land: 3. Location of Property: a. Street:Ot'l-W►— vN_ Zoning District — t� b. Assessors: Map liumber Lot Number:. c. Registry of Deeds: Book Number, Page Number: 4. By -Law Sections under which the petition for the Special Permit is made, 2,V / �j ,A2 eckoa�le� v .2; au Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: 0 *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Sq. Ft, Sq. Ft. Coverage Feet Spaces I!q,z — % log 0 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces A % 7A. Existing Building(s): Ground Floor Number of Total Square feet Floors Sq. feet 7B. Proposed Building(s): Ground Floor Number of Total Square feet Floors /Sq. feet Use of Building* Minimum Lot Setback Front Side A Side B Rear Minimum Lot Setback Front Side A Side B Rear 1a 6Y 3§-" Minimum Lot Setback FrontSidSide R� e 0 *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. Number of Units Use of Number Building* of Units** ��� rim I a') �a *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. 8. PatitiOner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, .as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by thg-7-pn!Ag Boar4f this�pacation as incomplete. Tvoe above name(s) here�� A,1 RV IN'' ' ''�i�.'S. Y�y qT>' .11 ,;X'+.NEW 9 WRiTTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Special Permit from the requirements of iU1GLA ch. 40A, and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, 1-6, are required to be addressed with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. S. The use is in harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the criteria required by the particular Special Permit for which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal requirements.). 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new constriuctionfa conversion/ and/or a proposed change in use. 10 A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: 1) five or more parking spaces, 11) three (3) or more dwelling units, IM 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. *10. B. `Plan Specifications: I) Size of plan: Ten (10) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 "=40' In) One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures and date. M Plan shall be.. prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1. north point 2. zoning districts) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. . It) Legend & Graphic Aids shall include. 1. Proposed features in solid lines & outlined in red 2. Existing_featuresto be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner of record, and land surveyor. 7. Locus. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover" for the cost of first class, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps for each address listed on the abutter's list, .plus an additional 2 for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1°x2.5180 (3 copies for the Legal mailing and one copy for the Decision mailing). C. See 2005 Revised Fee Schedule. WW A Special Permit once granted by the ZBAwill lapse in 2 (two) years if not exercised and a new petition must be submitted. 0<91 ek 13919 P---310 _15469 07-21-2014 a 12 a 03P Ou\s 'I od udl () o�nc� P 1• KA yrs ),x4 6' I Alb ry -k(rl Ce�m . kQbs((Dn Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form S - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. Conservation Commission NORTH ANDOVER 2. Issuance a. ❑ . OOC 3. Applicant Details a. FirstName JOHN a Organization d. NiailingAddiess 14 CHICKERiNG ROAD Provided by MassDEP: MassDEP File #:242-160I j� a eDEP Transaction #:598709 L, City/rown:NORTH ANDOVER RT b. o Amended OOC b. Last Name BURKE e. City/Town NORTH ANDOVER f. State MA 4. Property Owner a. First Name ROBERT J. b. Last Name a Organization C/O R.H. HARRINGTON, TRUSTEE d. Mailing Address 600 CLARK STREET, 4TH FLOOR e. City/Town TEWKSBURY f. State MA 5. Project Location a.Street Address COTUIT STREET & LEYDEN STREET b.City/rown NORTH ANDOVER d. Assessors Map/Plat# 47 f Latitude 42.67786N 6. Property recorded at the Registry of Deed for: a. County b. Certificate c. Book NORTHERN ESSEX 8735 g. Zip Code 01845 BURKE TRUST g. Zip Code 01876 c. Zip Code 01845 e. ParceVLot# 148 & 151 8. Longitude 71.12535W d. Page 35 7.Dates a. Date NOI Filed: 8/25/2013 b. Date Public Hearing Closed: 9/25/2013 a Date Of Issuance: 9/26/2013 8.Final Approved Plans and Other Documents a. Plan Title: b. PIan Prepared by: SITE PLANS COTTAT & LEYDEN PENNONI STREETS (SHEETS ASSOCIATES, INC. 1-6) B. Findings c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale: BENJAMIN C. OSGOOD. JR. 9/12/13 & 90/13 1„-20, (Sheet 3) Page 1 of 10 * ELECTRONIC COPY Bk 13919 Pg11 #15469 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1601 WPA Form 5 - Order of Conditions eDEP Transaction #:598709 Massachusetts Wetlands Protection Act M.G.L. c. f31, §40 City/Town-NOM ANDOVER 1.Pind gs pursuant to the Massachusetts Wetlands Protection Act Following the review of the the above-refbrenced 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. 0 Public Water Supply b. o Land Containing Shellfish c. o Prevention o0olhrtion d. t] Private Water Supply e. o Fisheries E a ProtectionofWildaHabitat g. 13 Ground Water Supply h. 0 Storm Damage Prevention i. o Flood Control Z Commission hereby finds the project; as proposed, is: Approved subject to: a. ❑ 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: b. a The proposed work cannot be conditioned to meet the performance standards set forth in the wedand 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 interests ofthe Act, 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. c. u 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 Wetlaads Protecdon 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 interests of the Act, 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 10.03(6)(c). 3.0 Buffer Zone lmpacts:Shortest distance between limit of project disturbance and the wetland resource 20 area specified in 310CMR10.02(lKa). a. linear feet Inland Resource Area Lnpacts:(ForApprovals Only): Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 4. 0 Bank a. linear feet b. linear feet c. linear feet d linear feet 5. t7 Bordering Vegetated Wetland a square feet b. square feet c. square feet d. square feet 6. o Land under Waterbodies and Waterways a square feet b. square feet c. square feet d. square feet e. cly dredged £ cly dredged page 2 of 10 * ELECTRONIC COPY Bk 13919 Pg12 #15469 Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1601 WPA Form 5 - Order of Conditions eDEP Transaction #:598709 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Citylfown:NORTH ANDOVER 7.o Bordering Land Subject to Flooding a square feet b. square feet c, square fat d. square feet Cubic Feet Flood Storage e. cubic feet £ cubic feet g, cubic feet h. cubic feet 8.a Mated Land Subject to Flooding Proposed Permitted Proposed Permitted a. square feel b. square feet Cubic FeetFlood Storage Indicate s= under Land Under the Ocean, below 11. o Land Under the Ocean c. cubic feet d. cubic feet e, cubic feet f, cubic feat 9. o River&ontArea a cly dredged d. cly dredged 12. o Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dimes below a total sq. feet b. total sq. feet Sq ft within 100 ft a. square feet b. square feet a cty nourishment d. cly nourishment 14. a Coastal Dunes a square feet d. square feet e. square feet f. square feet Sq ft between 100.200 ft a I earfeet b. linear ftt g. square feet h. square feet i. square feet j. square feet Coastal Resource Area Impacts: Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 10. ❑ Designated Port Area Indicate s= under Land Under the Ocean, below 11. o Land Under the Ocean a square feet bsquare feet a cly dredged d. cly dredged 12. o Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dimes below 13. o Coastal Beaches _ a. square feet b. square feet a cty nourishment d. cly nourishment 14. a Coastal Dunes a. square feet b. square feet c, c/y nouuisimma d. cly nou dsiunent 15. o Coastal Banks a I earfeet b. linear ftt 16. o Rocky Intertidal Shores a square feet b. square feet 17. o Salt Marshes a. square feet b. square feet a square feet d. square feet 18.[3 Land Under Salt Ponds s. squarefeet b. square feet e. cly dredged d. c/y dredged 19.o Land Containing She116sh Page 3 of 10 * ELECTRONIC COPY Bk 13919 Pg13 #15469 LiMassachusetts Department of Environmental Protection Provided bYMassDEP: Bureau of Resource Protection - Wetlands MaWEP File #:242-1601 WPA Form S - Order of Conditions eDEP Transaction #:598709 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CityfrownNORTHANDOVER a. square feet b. square feet c. square feet d. square feet 20. ❑ Fish Runs 21.0 Land Subject to Coastal Storm Flowage Indicate size under Coastal Banks, inland Back, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above e. dy dredged d. c/y dredged a. square feet b. square feet 22. o Restoration/Enhancement (For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.S.c & d or B. 17.c & d above, please entered the additional amount here. a. square feet of BVW 23. ❑ Streams Crossing(s) b. square feet of Saltmarsh If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number ofnew stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects I. Failure to comply with all conditions stated herein, and with all, related statutes and other regulatory measures, shalt be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges, k 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 ofthe 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 daft and the special circumstances wanwAing 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. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in comedian with this projeotshall 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. 8. 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. Page 4 of 10 * ELECTRONIC COPY Bk 13919 Pg14 #15469 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource protection - Wetlands MassDEP File #:242.1601 WPA Form 5 - Order of Conditions d)EP Transaction #:598709 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/I'own:NORTH ANDOVER R. 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 shail 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 the Conservation Commission on the form at the and of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work.. 10. 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'MossDEP'l File Number :"242-1601" 11. 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 Mass AEP, 12. Upon completion of the work described herein, the applicant shall submits. Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition # 13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of anew Notice of Intent. 15. The Agent or members ofthe Conservation Commission and the Department of Environmental Protection shall have the rightto 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 die submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation 16. 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. 17. 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. 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMEws 19. The work associated with this Order(the "Project") is (t) a is not (2) o subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards, then the project is subject to the following conditions; a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for storrnwater attenuation, recharge, and/or treatment; the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal ofall conduction period sediment trapped in inlet and outlet control structures; ii.. as -built final construction Page 5 of 10 * ELECTRONIC COPY Bk 13919 P915 #15469 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP Pile #;242-1601 r' WPA Form 5 - Order of Conditions cDEP Transaction #:598709 City/I'own:NORTHANbOVER Massachusetts Wetlands Protection Act M.Q.L. c. 131, §40 BMPplans are included, signed and stamped by a RegW-rcd Professional Engineer, ce►tifying the site is fully stabilized; iii any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they arc in proper working condition; v. any vegetation associated with post constructica BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation land Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party resp or implementing the sWrmwater BMP Operation and Maintenance Plan C"O&M Plan' J and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stotmwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi -Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for Purposes of implementing the requirements of Conditions 19(f) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to impletneat the requirements of Conditions 19(f) through 19(k) with respect to that BMP shall be a violation of the Oiler of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot; the legally binding agreement shall also identify the lots dmi will be serviced by the stormwater $MPs. A plan and easement deed that goo the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. t) The responsible party shalt operate and maintain all stormwater BNIPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1. Maintain an operation and maintenance tog for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stomrwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from storrnwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval ofthe issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Sine Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, andlor replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shalt include access gates and shall be at least six inches above grade to allow for wildlife passage. Page 6 of 10 * ELECTRONIC COPY Bk 13919 Pg16 #15469 Massachusetts Department of Environmental Protection Provided by MamDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-10V WPA Form 5 - Order of Conditions eDEP Transaction #:598709 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CitylTown:NORTHANDQVER Special Conditions: SEE ATTACHED. Page 7 of 10 * ELECTRONIC COPY Bk 13919 Pg17 #15469 LitMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP Pile #:242-1601 WPA Form 5 - Order of Conditions eDEP Transaction #:598709 Massachusetts Wetlands Protection Act M.G.L. c.131, §40 City/Town:NORTHANDOVER D. Findings Under Municipal Wetlands Bylaw or Ordinance I. is a municipal wetlands bylaw or ordinance applicable? o Yes o No 2 the Conservation Commission herebYLcheck one that applies): a. p DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically; 1. Municipal Ordinance or Bylaw 2. 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 or Conditions is issued. Which are necessary to comply with a municipal ordinance or bylaw: b. APPROVES the proposed work, subject to the following a additional conditions. 1. Municipal Ordinance or Bylaw NORTH ANDOVER 2 Citation CHAPTER 178 y 'WETLANDSBYLAW 3. The Commission orders that all work shall be perfomied in accordance with the following conditions and with ilte 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. . The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATrACHIED. Page 8 of 10 * ELECTRONIC COPY Bk 13919 P918 #15469 Massachusetts Department of Environmental Protection Provided by MassDEP: Ep Bureau of Resource Protection, eDEP Tra Wetlands ra File #:n#2-1601 DEP Tction #:598709 r WPA Form 5 - Order of Conditions City/romrNORTHANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Signatures This Order is valid for throe years from the date of issuance, unless otherwise specified pursuant to General Condition #4. If this is an Amended Order of ConditioM the Amended 1. Date of 0 ' ' Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form This Order must be signed by 2'Number f Slgners a majority of the Conservation Commission. 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 properly owner, if different from applicant. o by hand delivery on c/(iy certified mail, return receipt requested, on Date Date 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 MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by unified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Pee 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 providing written information to the Department prior to issuance of a Superseding Order. 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 (3 10 CMR 10.00). To the extent that the Order is based an a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Actor regulations, the Department has no appellate jurisdiction. Page 9 of 10 * ELECTRONIC COPY Bk 13919 Pg19 #15469 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1601 LI)t 09 WPA Form 5 - Order of Conditions my[' Transaction O Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHRNDOVER 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 ofthe affected property. in the case of recorded land, the Final Osier shall also be noted in the Registr/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 ofTitle of the owner of the land subject to the Order of Condidon& The recording information on this page 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. io..................................................................................................................................................................................................... To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: COTUIT STREET & LEYDEN STREET 242-1601 ProjectLocation MassDEP RIeNumber Has been recorded at the Registty of Deeds of: County, Book Page for: Property Owner ROBERT I BURKE TRUST and has been noted in the chain of title of the affected property in: Boots Page In accordance with the Order of Conditions issued on: Date Ifrecorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: DocumentNumber. Signature of Applicant Re,. 4"/010 Page 10 of 10 * ELECTRONIC COPY Bk 13919 Pg20 #15469 DEP RILE # 242 - 2601 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. 11 GENERAL CONDITIONS I■ 20. The proposed work includes: construction of four townhouse units on two lots, stormwater management infrastructure, underground utilities, and associated clearing, grading and landscaping, portions of which are within the Buffer Zones to Bordering Vegetated Wetland (BVW) associated with an intermittent stream. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant: John Burke 14 Chickering Road North Andover, MA 01845 Property Owner: Robert J. Burke Trust C/o R.H. Harrington, Trustee 600 Clark Street, 4th Floor Tewksbury, MA 01876 Notice of Intent prepared by: Benjamin Osgood, Jr. Pennon Associates, Inc. 13 Branch Street, Suite 103 Methuen, MA 01844 Dated: July 31, 2013 Site Pians prepared by: Pennon Associates, Inc. Title: Site Plan Cotuit & Leyden Streets North Andover, Massachusetts Sheets: 1-6 Last Revised: 9/12/13 & 9/23/13 (Sheet 3) Stamped by: Benjamin C. Osgood, Jr., P.E. Stormwater Analysis and Calculations prepared by: Pennon Associates, Inc. Date: September 12, 2013 242-1601,Cotuit & Leyden Street Townhouses i NACC 9126/2013 Bk 13919 Pg21 #15469 DEP FILE # 242 -1601 Stormwater Review: Lisa Eggleston Eggleston Environmental 32 Old Framingham Road, Unit #29 Sudbury, MA 01776 Review letter dated: September 19, 2013; Inspection & Maintenance Manual prepared by: Pennon Associates, Inc. Date: September 12, 2013 22, 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. The work authorized hereunder shall be completed within three years from the date of this order. 242-1601,Cotuit & Leyden Street Townhouses 2 NACC 9/26/2013 Bk 13919 Pg22 #15469 DEP FILE # 242 -1601. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least days (_ 30)_prior to the expiration date of the Order (Refer to Section 8.3 of the North Andover Wetland Regulations). 29. 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. 30. This order is issued in addition to DEP File #242-1261 which originally permitted eight (8) townhouses. The permit is now expired. A Certificate of Compliance is under consideration for the four constructed townhouses (of the eight proposed) and the storinwater management structures constructed under the prior order. 31. 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. 32. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 33. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) associated with an intermittent drainage/ stream channel. 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. 34. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 35. 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 fift foot (50') No -Construction Zone shall be established from the edge of Bordering Vegetated Wetland (BVW). 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. 36. 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 242-1601,Cotuit & Leyden Street' Townhouses 3 NACC 9/26/2013 Bk 13919 Pg23 #15469 DEP FILE # 242 -1601 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. 37. The owners of the project and their successors in title 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 38. 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. 39. 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. 40. 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 242-1601." 41. 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. No work shall begin on a project until written approval has been granted by the NACC. 242-1601,Cotuit & Leyden Street Townhouses 4 NACC 9/26/2013 Bk 13919 Pg24 #15469 DEP FILE # 242 -1601 42. 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. 43. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the installation of all sedimentation/ erosion control measures, clearing, grading, foundation installation, paving, and all other site work through final stabilization. 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 wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers 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. 45. Staked hay bales and trenched siltation fence, as detailed on Sheet 6 of 6 in the plans referenced herein, shall be placed between all construction areas and wetlands. The erosion control barriers and erosion control measures will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent 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 or its agent. 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. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales. Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of $7,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through 242-1601,Cotuit & Leyden Street Townhouses 5 NACC 9/26/2013 Bk 13919 Pg25 #15469 DEP FILE # 242 -1641 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, where there is more than one (1) lot, designating the applicable lot number as depicted on the plans approved and referenced herein. 49. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) 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. 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 Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. 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. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report (with photos) from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions 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. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 51. Prior to construction, the applicant shall permanently mark the edge of the "25' No - Disturbance Zone" on all delineated wetlands (where not already marked or where the wetland line has changed) with signs or markers spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). These markers will designate 242-1601,Cotuit & Leyden Street Townhouses 6 NACC 9/26/2013 Bk 13919 Pg26 #15469 DEP FILE # 242 -1601 the sensitivity of the resource area 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. These markers shall remain posted and be replaced as necessary in perpetuity. Markers are available from the Conservation Department ($2 round and $3 square). 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shalt 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 prior to the closing of said land transaction. 53. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shalt arrange an on-site conference with an NACC representative, the contractor, the environmental monitor, 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 54. All construction and post -construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of intent, the Department of Environmental Protection Stormwater Management Standards, and as approved by the NACC in this Order of Conditions. 55. All stormwater best management practices shall be maintained as specified in the Inspection and Maintenance Manual submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance of the stormwater 242-1601,Cotuit & Leyden Street Townhouses 7 NACC 9/26/2013 Bk 13919 Pg27 #15469 DEP FILE # 242 -1601 management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer. The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted until a COC is obtained. Maintenance bills submitted by cleaning contractors (catch basins, etc.) shall be submitted with annual engineering reports. Following the issuance of a COC Stormwater Management System Inspection and Maintenance Logs (as provided in the Inspection & Maintenance Manual) and/or proof of annual maintenance activities for all stormwater structures and activities shall be maintained for a prior 5 year period and shall be available upon request for review by the NACC or its agent in perpetuity. 56. Temporary and/or permanent basins and swales being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6) inches. The basins shall be cleaned of sediment prior to final grading and construction of permanent stormwater structures. 57. All roof runoff shall be directed to the infiltrators to provide groundwater recharge, as shown on the approved plans referenced herein. 58. 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. 59. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 60. Stormwater infiltration basins shall not be used for snow stockpiling. 61. As proposed by the applicant, a Condominium Association shall be established and be responsible for the implementation of the inspection & Maintenance Manual as referenced and attached herein. This condition shall remain in perpetuity to this Order. Written agreements of all conditions required in perpetuity of this Order, inclusive of all stormwater maintenance agreements, shall be submitted to the NACC upon completion of construction and prior to the issuance of a certificate of compliance. 62. Prior to the issuance of the Certificate of Compliance, and the Condominium Association assuming responsibility, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the "Inspection & Maintenance Manual" and the associated stormwater management conditions referenced herein. 242-1601,Cotuit & Leyden Street Townhouses 8 NACC 9/26/2013 Bk 13919 Pg28 #15469 DEP FILE # 242 - 1601 DURING CONSTRUCTION 63. IMPORTANT: Immediately upon completion of the house foundation, 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 its proxiMLV to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. Failure to comply may result in a stop work order for the site. 64. Upon beginning work, the applicant shall submit written monthly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 65. Catch basins within fifty feet (50') of construction will be protected with silt sacks. 66. De -watering activities are not proposed. 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. 67. Temporary construction entrances shall be installed as detailed on Sheet 6 of the herein referenced plan. If material is tracked beyond the construction entrances onto the adjacent roadways, it will be swept up daily 68. 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. 69. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and matted. 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 jute matting or by other means approved by the NACC until climate conditions allow for seeding. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 70. 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. 242-1601,Cotuit & Leyden Street Townhouses 9 NACC 9/26/2013 Bk 13919 Pg29 #15469 DEP FILE # 242 -1601 71. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. Stockpile areas are designated on Plan Sheet 3 of 6. Changes in stockpile location shall be approved by the Conservation Department. 72. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. Truck washing shall not occur within jurisdictional areas unless the designated area and a plan for containment of sediment are approved by the Conservation Department in advance. 73. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, 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. 74. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 75. 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 76. 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. 77. 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. 78. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or beyond the limits of clearing. This condition shall remain in perpetuity. 242-1601,Cotuit & Leyden Street Townhouses 10 NACC 9/26/2013 Bk 13919 Pg30 #15469 DEP FILE # 242 -1601 79. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 80. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed un -vegetated areas shall be seeded. 81. 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, stone walls, pools, retaining walls, subsurface utilities and decks. 242-1601,Cotuit & Leyden Street Townhouses I I NACC 9/26/2013 Bk 13919 Pg31 #15469 DEP FILE if 242 -1601 ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 82. 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 as approved under DEP # 2421601. 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; ➢ Resource Area Markers (Condition #51); ➢ Stormwater Management System Maintenance (Condition #55 & #61); ➢ Discharge or spillage of pollutants (Condition #75); ➢ Prohibition of underground fuels (Condition #76); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #77); ➢ There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or beyond the limits of clearing (Condition #78); ➢ "Inspection & Maintenance Manual" (see attached), including Best Management Practices attached. No additional filings will be required to conduct maintenance of the above referenced system and plan. 242-1601,Cotuit & Leyden Street Townhouses 12 NACC 9/26/2013 DEP FILE # 242 -1641 Bk 13919 Pg32 #15469 APPENDIX A - AFFIDAVIT 11 on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BL0CIO 1. I am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC mcniber) the North Andover Conservation Commission. &for 2. I am theof {position with owner} (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) 242-1601,Cotuit& Leyden Street Townhouses 13 NACC 9/26/2013 Bk 13919 Pg33 #15469 Inspection and Maintenance Manual Construction Phase: The BMPs associated with this project will be owned by the property owner during construction, who will be responsible for inspection, operation and maintenance. 1. The contractor is to install and maintain drainage facilities as shown on plan. 2. Prior to construction, all erosion/siltation control devices shown on plan are to be installed. To prevent silt intrusion into the drainage system during construction, the contractor is to install and maintain inlet protection at all catch basins, and set a silt fence and straw bales at all slopes which'may erode in the direction of any open drainage facilities. Such preventive measures are to be maintained throughout the construction process. 3. Construction will follow the following construction sequence: a. Install erosion and sediment controls as shown on plan prior to earth moving operations. b. Commence clearing and grubbing. c. Cut and dispose of any debris produced during grubbing operations. d. Perform earthwork operations. All cut and fill slopes shall be seeded and mulched Within 72 hours after being constructed. Disturbed areas should be stabilized with grass by October 1 st, so as not to be left exposed during winter conditions. Disturbed areas which are not stabilized with grass prior to October 1St shall be protected by installation of erosion control blankets. e. Install site drainage and utilities. f. Catch basins inlets shall be protected from sediment in accordance with the design plans. Pipe outlets of the dry detention basin shall be protected with straw bale check dams. Erosion controls shall remain until the entire disturbed area is sufficiently stabilized. g. Install binder paving of driveway and parking areas. h. Install site landscaping and permanent seeding of all disturbed areas. L After all seeded areas have established stable growth, all temporary erosion control measures shall be inspected and cleaned. Silt, sediment, and debris shall be removed from the grass swale, sediment forebay, infiltration basin and dry detention basin prior to installing final pavement. j. Contractor shall notify and coordinate with all authorities responsible for inspections. It is the contractor's responsibility to obtain all required inspection sign -offs. 4. Erosion controls are to be inspected and maintained for stability and operation within 12 hours of each runoff -producing rainfall but in no case less than once Drabiage Report--R.doe Bk 13919 Pg34 #15469 every week. Upon discovery of silt build-up in any catch basin sumps or other structures, they are to be cleaned. 5. All exposed soils including soil stockpiles shall be immediately stabilized with a layer of mulch straw or jute blankets -as needed for slopes steeper than 3:1. 6. For existing catch basin in Cotuit Street, inlet protection -as described on site plans- shall be installed prior to beginning of construction and maintained during all construction until ready for paving. 7. Clean silt and debris from the sediment forebay, infiltration basin and dry detention basin prior to installing final surface treatment. 8. After paving is installed, it shall be swept clean on a regular basis. 9. All construction equipment shall be parked outside of the 900' buffer zone area at the end of the day. All machinery found to be a potential source of a future spill shall be removed from the construction site and repaired. Vehicles with chronic or continuous leaks must be removed from the construction site and repaired before returning to operations. No leaking of any material from equipment or vehicles will be tolerated on the job site. Contractor is solely responsible for any spills of hazardous materials and the subsequent cleanup and disposal of waste and restoration of any contaminated areas. No refueling, storage, servicing or maintenance of equipment shall take place within the 100' buffer zone area. No refueling or servicing shall be done without absorbent material or drip pans properly placed to contain spilled fuel. Drainage Report R.doc Bk 13919 Pg35 #15469 STORMWATER MANAGEMENT SYSTEM Construction Phase Inspection and Maintenance Log BN1P1Systerrt:.: ComW anen# ba#e of Itis :action Ins ector cteartinglRepalrNewied L.rst hems.! Comments tate of _ Cteaning l Re _g.Ir . Performed b Pavement Sweeping Catch Basins Drain Manholes Outlet Control Structures Drain Pipes Swales Sediment Forebay Infiltration Basin Detention Basin Silt Sack Drainage Report R.doc Bk 13919 Pg36 #15469 Post -Development Phase: The property owner is to be responsible for maintenance of all drainage structures in the project including roof drains, catch basins, manholes, drain pipes and stormwater management components. In the event of change of ownership, the 1 & M requirements shall be transferred to the new owner. Regular inspection maintenance is to include the following: I . Inspection of all drainage facilities (catch basins, pipes, grass swale, sediment forebay, infiltration basin and dry detention basin) on an annual basis. During these 'inspections, the inspector (a registered professional civil engineer qualified in drainage systems as designated by the owner) shall look for evidence of the folloWing: structural damage, silt accumulation, and improper function. A report on the system shall be delivered to the owner and a copy shall be kept at project site and available for inspection. 2. After inspection, if any of the above conditions exist, the inspector shall notify the owner who shall immediately arrange for all necessary repairs and/or sediment removal. 3. The parking area is to be swept clean, as required (i.e., visually noticeable debris build- up). A minimum of once per year, preferably just after snow melt. 4. All graded slopes shall be inspected every spring for erosion. Upon discovery of any failure (i.e. erosion), rip-rapiloam and seed shall be put in place and nurtured. Slopes shall be mowed on an annual basis to prevent tree growth 5. During the winter months, all snow is to be stored such that snow melt is controlled Within the paved area and enters the stormwater treatment system. Inspection Costs The annual costs of implementing the required inspections and maintenance outlined in the long term pollution prevention plan are expected to be as follows: • Quarterly inspection by a registered professional engineer $ 500 • Annual parking lot sweeping completed by homeowner $ 0 • Removal of trash and debris from pond areas by homeowners $ 0 • Removal of silt from swale, forbay, and infiltration basin $1000 • Annual mowing $ 9000 • Annual catch basin cleaning (by town) $ 0 Public Safety The stormwater management system is designed as a passive system and when maintained properly it should not pose any threat to public safety. Side slopes of the ponds and swales are designed at grades which are not hazardous, water will not pond for excessive amounts of time in the open treatment and storage devises, and the system can accommodate large storms so that water will drain and not remain where it may be a hazard to vehicles_ Drainage Report-R.doe Bk 13919 Pg37 #15469 t .� jv: b .Q z� ao D C r+ N U O O QCL . cC �o ja o� aU) N U N 4'p 4? ` °) C Ql `~ C6 E C r�, - a Q. coL tU p -a C � '� L Q' s °,,; � `� E O , m e o` M .- o 0 1 U Gi U3 6) `, G � � � o � �� as M-0 C aEM � a�� �► - w-0 N i �. c m,� � � a v c V ca }' � 0 N c 4D f—�.7 N -� C 0 S a o C N� coo 0 CO m U=� �"' a N L. w 'Lo E C t � a � av N � J � N $- o a � � L N > q 'N ^- � L � 2 'FL400i «+ N w N L �,t o � � o c CD ca a cru � �a�EE 63 -a U'_ co �n N,CL �cQi�mv o ca 4- U o � c0i� a�ia'�i�o cin>� CD G m N O. 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N at =;2°, =v n m C, o z3 � d cn v rn 0.;d O 3 D CLD� 2 O E m rn z ID cn rm O rn cst q) Bk 10811 Pg 274 #19605 Exhibit A BYLAWS: 29 — 31 HILLCREST FARMS CONDOMINIUM TRUST The provisions of this Exhibit A to 29 — 31 HILLCREST FARMS CONDOMINIUM TRUST shall constitute the Bylaws of 29 — 31 HILLCREST FARMS CONDOMINIUM TRUST, the organization of Unit Owners established by said Trust. 1. Powers and Duties of the Trustees The Board of Trustees shall have all powers necessary for administering the affairs of the Condominium as set forth in Massachusetts General Laws, Chapter 183A ("Condominiums'), hereinafter called "Chapter 183A," and they may do any and all acts necessary or desirable for the: administration of the affairs of the Condominium except only for such acts as may not, under law or under the provisions of the Master Deed or this Trust, be delegated to the Trustees by the Unit Owners. Such powers and duties of the Trustees shall include, but shall not be limited to, the: following: (a); operation, care, upkeep and maintenance of the common areas and facilities; (6): determination of the Common Expenses required for the affairs of the Condominium, including but not limited to the operation and maintenance of the common areas and facilities; (c)' collection of the Common Expenses, from the Unit Owners; (d)l employment and dismissal of the personnel necessary or advisable for the maintenance and operation of the common areas and facilities; (e); subject to the provisions of Section 7 of these Bylaws, adopting, amending, and administering (including waiving) Rules and Regulations covering the details of the operation and use of the common areas and facilities; (f) _ opening bank accounts on behalf of the Condominium, and, subject to the provisions hereof, designating the signatories required therefor; (g): leasing, managing and otherwise dealing with such facilities as may be provided for in the Master Deed as being common areas and facilities; (h) owning, conveying, encumbering, leasing and otherwise dealing with units conveyed to the Trust or purchased by it as a result of enforcing the lien for Common Expenses, or otherwise; 11 Bk 10811 Pg 275 #19605~ (i) obtaining insurance for the Condominium, including the units, pursuant to the provisions hereof; (�} making repairs, additions and improvements to, or alterations or restoration of, the Condominium, in accordance with the other provisions of this Trust. (k): enforcing obligations of the Unit Owners, allocating income and expenses, and doing anything and everything else necessary and proper for the sound management of the Condominium; (1) . subject to the provisions of Subsection (B) of Section 29 of these Bylaws, purchasing or leasing a Unit; (m) purchasing of units at foreclosure or other judicial sales; (n)v organizing and maintaining corporations, trusts, or other entities to act as nominee of the Condominium in acquiring title to units on behalf of all Unit Owners under the provisions hereof; (o) conducting litigation as to any course of action involving the common areas and facilities or arising out of the enforcement of the Bylaws, Rules and Regulations, and Master Deed, and this Trust; and (p)` granting permits, licenses and easements over the common areas and facilities for utilities and other purposes reasonably necessary or useful for the proper maintenance or operation of the Condominium project. 2. Common Expenses and Profits (a) Commencing on the date of the recording of the Master Deed, each Unit Owner shall be liable for Common Expenses and shall be entitled to common profits of the Condominium in the same proportion as his or her beneficial interest in this Trust bears to the aggregate beneficial interest of all the other Unit Owners. The Trustees may at any time or times distribute common profits among the Unit Owners in such proportions. The Trustees shall at all times establish and maintain an adequate reserve fiend for the periodic maintenance, repairs and replacement of improvements to the common areas and facilities and those limited common areas that the Trust may be obligated to maintain, Such reserve fund shall be funded by regular monthly assessments from regular assessments for Common Expenses and shall not be deemed to be common profits available for distribution. (b) 1n addition to the foregoing (and not in substitution thereof), to ensure that this Trust will have the funds to meet unforeseen expenditures or to purchase any additional equipment or services, a working capital fund kept in a segregated account shall be established equal 12 Bk 10811 Pg 276 #19605 to at least two (2) months' estimated common charges for each unit. Any amounts paid into this fund shall not be considered advance payments of regular assessments. Each unit's share of the working capital fund shall be collected at the time the sale of the unit is closed or at the time control of this Trust is transferred to the Trustees elected by Unit Owners other than the Declarant, as set forth in Section III of this Trust, whichever occurs earlier. This provision can be waived by the Trustees by their mutual agreement. (c) In addition to the foregoing (and not in substitution thereof), the Trustees may, to such extent as they deem advisable, set aside common funds of the Condominium as additional reserves and may use the funds so set aside for reduction of indebtedness or other lawful capital purposes, and, subject to the provisions of Section 4 of these Bylaws, for repair, rebuilding or restoration of the Condominium, or for improvements thereto, and for replacement of the common areas and facilities, and other proper contingencies. The funds so set aside shall not be deemed to be common profits available for distribution. (d) At least thirty (30) days prior to the commencement of each fiscal year of this Trust, the Trustees shall estimate the Common Expenses expected to be incurred during such fiscal year, together with reasonable provision for contingencies and reserves, and for the reserve funds mentioned in Subsection C of this Section 2 and, after taking into account any undistributed common profits from prior years, shall determine the assessment for Common Expenses to be made for such fiscal year. The Trustees shall promptly furnish copies of each budget on which such assessment is based to all Unit Owners and, if requested, to their mortgagees. The Trustees shall promptly render statements to the Unit Owners for the respective shares of such assessment, and each Unit Owner thereafter shall pay one -twelfth (1112) of his or her share of the estimated Common Expenses monthly in advance on the first day of each month. The Trustees shall not be obligated to render monthly statements. In the event that, at any time and from time to time, the Trustees shall determine during any fiscal year that the assessment so made is less than the Common Expenses actually incurred or to be incurred, including but not limited to provisions for proper reserve funds, the Trustees shall make a supplemental assessment or assessments and render statements therefor in the manner aforesaid, and such statements shall be payable and take effect as set forth in such statements. The Trustees may, in their discretion, provide for payments of such supplemental assessment statements in monthly or other installments. The Trustees shall have the authority and the duty to levy and enforce the collection of general and special assessments for Common Expenses. With regard to the common areas of the driveway as depicted on plan, the Trustees shall determine the appropriate manner and method of maintenance regarding plowing, etc. (e) The amount of each such statement, for regular or supplemental assessments, together with interest thereon, if not paid when due, at a rate equal to six percent (6%) above the Bank of Massachusetts prime rate then in effect (but not more than nineteen percent (19%) per annum), together with all expenses, including attorney fees, incurred by the Trustees in any proceeding brought to collect such unpaid Common Expenses and assessments, shall constitute a lien on the unit of the Unit Owner assessed pursuant to the 13 Bk 10811 Pg 277 #19605 provisions of Section 6 of said Chapter 183A and Sections 5 and 5A of Chapter 254, as amended by 1987 Mass. Acts Chapter 338,1989 Mass. Acts Chapter 341, 1992 Mass. Acts Chapter 400 and 1993 Mass. Acts Chapter 1, and may be collected by the Trustees pursuant to said statutes. The Trustees shall take prompt action to collect any Common Expenses and assessments due from any Unit Owner that remain unpaid for more than thirty (30) days from the due date thereof, including but not limited to action under the provisions of Massachusetts General Laws Chapters 183A and 254, as amended by 1987 Mass. Acts Chapter 338, 1989 Mass. Acts Chapter 341, 1992 Mass. Acts Chapter 400 and 1993 Mass. Acts Chapter 1. In the event that the Trustees bring an action to foreclose a lien on any unit pursuant to said statute, the Unit Owner shall pay a reasonable sum for use and occupancy of his or her unit from the date of foreclosure until the Unit Owner vacates the unit (in such foreclosure action, the plaintiff shall be entitled to the appointment of a receiver to collect the same), but nothing in this sentence shall be deemed to grant any Unit Owner the right to remain in possession of his or her unit after such foreclosure. The Trustees, acting on behalf of all Unit Owners, shall have power to purchase such unit at the foreclosure sale and to acquire, hold, lease, mortgage (but not vote appurtenant to), convey or otherwise deal with the same. A suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing the same. In the event of any suit or foreclosure by the Trustees, the Trustees shall be entitled to interest at a rate equal to six percent (6%) above the Bank of Massachusetts prime rate then in effect (but not more than nineteen percent (19%) per annum) and all costs of collection, suit and foreclosure, including attorney fees. In addition to the lien in favor of the Trustees for assessments for Common Expenses and assessments, such assessments shall also be the personal obligation of the Unit Owner at the time the assessment fell due. (f) The Trustees shall promptly provide any Unit Owner, or any Unit Buyer who has a duly executed Purchase and Sale Agreement for the acquisition of a unit, or any mortgagee, or the attorney of any such party, with a written statement of all unpaid Common Expenses due with respect to such unit, signed and acknowledged in proper form for recording, upon the written request of such Unit Owner or buyer or mortgagee or attorney. Notwithstanding anything to the contrary in this Declaration of Trust, including these Bylaws, such statements may be executed by any two (2) Trustees. Recording such statement in the Essex North District Registry of Deeds shall discharge the unit from any lien for any other sums unpaid not enumerated as of the date of such statement to the extent provided by said Chapter 183A. (g) The Trustees shall expend common funds only for common expenses and lawful purposes permitted hereby and by the provisions of said Chapter 183A. (h) Any first mortgagee who obtains title to a Condominium unit, pursuant to the remedies provided in its mortgage or foreclosure of its mortgage, will not be liable for such unit's unpaid dues, common charges, or assessments (including interest and costs of collection and legal fees relating to the collection thereof) that accrue prior to the acquisition of title to such unit by the Mortgagee, provided, however, that notwithstanding the foregoing, 14 Bk 10811 Pg 278 #19605 such first mortgagee shall be liable for such unit's unpaid common expenses, costs and attorney fees as provided in subsection (c) of Section 6 of Chapter 183A, as amended by 1992 Mass. Acts Chapter 400 and 1993 Mass. Acts Chapter 1. The lien for common expense assessments shall not be affected by any sale or transfer of a unit, except that a sale or transfer pursuant to a foreclosure of a first mortgagee shall extinguish a subordinate lien for assessments that became payable prior to such sale or transfer, provided, however, that the lien for common expense assessments shall be affected by the sale or transfer of a unit to the extent set forth in subsection (c) of Section 6 of Chapter 183A, as amended by 1992 Mass. Acts Chapter 400 and 1993 Mass. Acts Chapter 1. Any such delinquent assessments that were extinguished pursuant to the immediately preceding sentence may be reallocated and assessed to all units as a Common Expense. Any such sale or transfer pursuant to a foreclosure shall not relieve the purchaser or transferee of a unit for liability for, nor the unit from the Iien of, any assessments made thereafter. 3. Insurance (a) The Trustees shall be required to obtain and maintain, to the extent obtainable, the following insurance (and to pay premiums thereon as a Common Expense): (i) fire insurance with extended coverage (covering other perils normally covered by the standard extended coverage endorsement) insuring all portions of the building, including the common areas and facilities of the Condominium, and all of the units and all of the fixtures installed therein on the date of recording the Master Deed, but not including carpeting, drapes, fixtures, furniture, furnishings, or other personal property supplied to or installed by Unit Owners, such insurance covering the interest of the Condominium, the Trustees and all Unit Owners and their mortgagees, as their interests may appear, in an amount equal to one hundred percent (100%) of current replacement cost of the building, common areas and facilities, and units, without deduction for depreciation, with loss payable to the Trustees, as Insurance Trustees for each Unit Owner and the holder of each unit's mortgage. The named insured shall be "the Trustees of The 29 — 31 Hillcrest Farms Condominium Trust, for the use and benefit of the individual Unit Owners and unit mortgagees" Such insurance shall also cover all other perils customarily covered with respect to projects similar in construction, location and use, including all perils normally covered by the standard "all risk" endorsement, where such is available; (ii) workers' compensation insurance if the Trustees shall have an employee or employees; (iii) comprehensive general liability insurance covering all common areas and facilities and any other areas under the supervision of the Trustees, in such amounts and with such coverage as the Trustees shall from time to time 15 Bk 10811 Pg 279 #19605 determine, with a combined single limit for both personal injury, death and property damage, of not less than one million dollars ($1,000,000.00), but at least covering each member of the Trustees, the managing agent or the manager, if any, and each Unit Owner and with cross -liability endorsement to cover liabilities of the Condominium to a Unit Owner, and a severability of interest provision precluding the insurer's denial of a Unit Owner's claim because of negligent acts by this Trust or other Unit Owners; and (iv) such other insurance as the Trustees may determine. (b) All such policies shall provide that adjustment of loss shall be made by the Trustees and that the net proceeds thereof shall be payable to the Trustees as Trustee for each Unit Owner and the holder of each unit's mortgage. Each Unit Owner, by accepting delivery of his or her unit deed, appoints the Trustees as Insurance Trustees (or any Insurance Trustee or Substitute Insurance Trustee designated by the Trustees) as attorney-in-fact for the purpose of purchasing and maintaining such insurance, including the collection and appropriate disposition of the proceeds thereof the negotiation of losses and execution of releases of liability, the execution of all documents, and the performance of all other acts necessary to accomplish such purpose. The Trustees shall periodically reevaluate the amount of public liability insurance to be carried by them as set forth in clause (3) of this Section 3 to the end that the limits of such insurance shall not be less than the amounts specified in said clause (3), or not less than limits of such liability insurance as are carried by other Condominium Unit Owners' Associations in comparable condominiums in North Andover, Massachusetts, whichever is higher. (c) All such policies of physical damage insurance shall, insofar as practicable, contain waivers of subrogation as to any claim against the Trustees, their agents and employees, Unit Owners, their respective employees, agents and guests, and of any defense based on invalidity arising from the acts of the insured and shall provide that the insurance will not be prejudiced by any acts or omissions of individual Unit Owners that are not under the control of the Unit Owner's association, and shall provide that such policies may not be canceled or substantially modified without at least twenty (20) days' prior written notice to all of the insureds, including all Unit Owners and mortgagees of units. Recovery thereunder shall not be affected on account of the availability of proceeds under any policies obtained by individual Unit Owners covering their own units and shall include a Special Condominium Endorsement (so-called) or its equivalent. Agreed Amount, Inflation Guard and Construction Code endorsements shall be required if available. A certificate of insurance, showing the amount of insurance, shall be issued to the owners of each unit, and the original or a certificate thereof shall, upon request, be delivered to the mortgagee of each unit. The Trustees shall periodically obtain an independent appraisal of the full replacement value of all portions of the building, including all of the units and all of the common areas and facilities, and additions, alterations and improvements, without deduction for depreciation, for the purposes of determining the amount of fire and extended coverage insurance to be effected pursuant to this Section, and the amount 16 Bk 10811 Pg 280 #19605 of such insurance shall in no event be less than the full replacement value so as determined. (d) Subject to the provisions of Section 4 of these Bylaws, insurance proceeds received by the Trustees shall be held in trust in an identified and segregated fund for the benefit of the Unit Owners and all mortgagees of all units. If the cost of restoring the common areas and facilities, or any unit, is estimated by the Trustees to exceed the sum of one thousand dollars ($1,000.00), then the Trustees shall give written notice of such loss to all eligible Mortgage Holders and all eligible Insurers and Guarantors, as herein defined. (e) The cost of all such insurance obtained and maintained by the Trustees pursuant to the provisions of this Section 3 shall be a Common Expense of the Condominium. (t) Any such insurance obtained and maintained by the Trustees pursuant to the provisions of this Section 3 may have a deductible amount to be determined from time to time by the Trustees (but in no event shall such deductible amount be greater than the lesser of five thousand dollars ($5,000.00) or one percent (1%) of the policy face amount), who shall simultaneously specify, in writing with notice to all Unit Owners, how and by whom the amount of the deductible shall be paid in the event of a loss. (g)' All insurance obtained and maintained by the Trustees shall conform to applicable requirements of the Federal Home Loan Mortgage Corporation ("FHLMC") and the Federal National Mortgage Association ("FNMA"), so long as FHLMC or FNMA hold one or more mortgages on units in the Condominium or any interest therein. (h). Each Unit Owner may carry insurance at his or her own expense for his or her own benefit insuring, inter alia, his or her carpeting, drapes, fixtures, furniture, furnishings and other personal property. He or she may also carry insurance for personal liability and loss assessment coverage, provided that all such policies shall contain waivers of subrogation, and further provided that the liability of the carriers issuing insurance obtained by the Trustees shall not be affected or diminished by reason of any such additional insurance carried by a Unit Owner. Each Unit Owner shall promptly notify the Trustees of all improvements made by him or her to his or her unit the insurable replacement cost of which exceeds one thousand dollars ($1,000.00), and such Unit Owner shall pay to the Trustees as an addition to his or her share of the Common Expenses of the Condominium otherwise payable by such owner any increase in insurance premium incurred by this Trust that results from such improvement. (i) Nothing shall be done or kept in any unit or in the common areas and facilities that will increase the rate of insurance on the buildings or the contents thereof without the prior written consent of the Trustees, unless the Unit Owner responsible for such increase shall agree to pay the amount of such increase. 17 Bk 10811 Pg 281 #19605 4. Rebuilding and Restoration (a) In the event of damage to or destruction of the common areas and facilities as a result of fire or other casualty (unless Subsection 6 of this Section is applicable), or, in the event of damage to or destruction of any unit as a result of fire or other casualty, whether or not the common areas and facilities have been damaged or destroyed (unless Subsection 6 of this Section is applicable), the Trustees shall promptly adjust the loss, arrange for the prompt repair or restoration of the same, and disburse the proceeds of all insurance policies in payment of all costs and expenses actually incurred in connection with such repair or restoration in appropriate progress payments and with appropriate retainage. All insurance proceeds paid to the Trustees as Insurance Trustees on account of any casualty shall be dedicated first to the repair or restoration of the loss, and any application of said proceeds by the Trustees on account thereof shall be prior to the application of such proceeds for any other purposes. (b) In the event that the insurance proceeds are not sufficient to cover the cost of repairs to the common areas and facilities and the units, the proceeds will be first allocated to the cost of repairs to the common areas and facilities. The balance, if any, will go to the cost of repairs to the units in proportion to the cost of all repairs to the respective units as determined by the insurer or by independent appraisal. To the extent that the proceeds allocated as aforesaid are insufficient to cover the cost of repairs to the common areas and facilities, the balance of the cost of such repairs will be assessed against all Unit Owners as a Common Expense. To the extent that the proceeds allocated as aforesaid are insufficient to cover the cost of repairs to the units, the balance of the cost of such repairs to each unit will be assessed against all Unit Owners as a Common Expense. (c) Whenever the estimated cost of repair or restoration exceeds, as to any one casualty or occurrence, on the basis of an independent appraisal, the sum of twenty-five Thousand dollars ($25,000.00), then the Trustees shall retain a registered architect or registered engineer, who shall not be, directly or indirectly, a Unit Owner or an employee or agent of any Unit Owner, or a Trustee or an employee or agent of any of the Trustees, or the manager, if any, or any employee or agent of such manager, to supervise the work of repair or restoration. No sums shall be paid by the Trustees on account of such repair or restoration except upon certification to them by such architect or engineer that the work for which payment is being made has been completed in a good and workmanlike manner in accordance with approved plans and specifications and that the estimated total cost of completion of said repair or restoration, less amounts theretofore advanced, does not exceed the undisbursed proceeds of insurance as augmented by funds obtained by any assessment or assessments levied or chargeable to the Unit Owners as a Common Expense. (d) The Trustees may perform emergency work essential to the preservation and safety of the Condominium, including all parts of the building and the common areas and facilities and the units, or the safety of persons, or required to avoid the suspension of any essential 18 Bk 10811 Pg 282 #19605 service to the Condominium, including all parts of the building and the common areas and facilities and the units, without having first engaged an architect or engineer, adjusted the loss or obtained proceeds of insurance. (e) Subject always to the prior rights of the Unit Mortgagees, if there shall have been a repair or restoration pursuant to the foregoing, and the amount of insurance proceeds shall have exceeded the cost of such repair or restoration, then the excess of such insurance proceeds, if any, shall be added to the Condominium's reserve fund or, at the option of the Trustees, divided among all the Unit Owners in proportion to their respective interests in the common areas and facilities. 5. Condemnation If more than ten percent (10%) in value of the Condominium is taken under the power of Eminent Domain, then the taking shall be treated as a casualty loss, and the provisions of Section 4 of these Bylaws and the provisions of Chapter 183A, Section 17 shall apply. Where one or more units have been substantially altered or rendered uninhabitable as a result of a partial taking, and the Unit Owners vote to restore and continue the Condominium pursuant to Section 17 of said Chapter 183A, the Trustees shall have the authority to acquire the remaining portions of such units for such price as the Trustees shall determine, provided that any Unit Owner of such remaining portion who does not agree with such determination may apply to the Superior Court of Essex County, on such notice to the Trustees and the other Unit Owners as the Court shall direct, for an order directing the purchase of such remaining portion at the fair market value thereof as approved by the Court. Where, as a result of a partial taking, any unit is decreased in size or where the number of units is decreased by a partial taking, then the Trustees may make such provision for realignment of the percentage interest in the common areas and facilities as shall be just and equitable. In the event of a total or partial taking under the powers of eminent domain, the Unit Owners shall be represented by the Condominium acting through the Trustees. In the event of a partial taking, the award shall be allocated to the respective Unit Owners according to their undivided interest in the common areas and facilities, except as to such portion or portions of the award that are; attributable to direct or consequential damages suffered by particular units as determined by the: Court, which shall be payable to such Unit Owners or their mortgagees, as their interests may appear. Subject always to the prior rights of the Unit Mortgagees, in the case of a total taking of all units and the common areas and facilities, the entire award shall be payable to the Trustees to be distributed to the Unit Owners and their mortgagees in accordance with their respective percentage interests in the common areas and facilities. 6. Improvements Improvements to the common areas and facilities can be made if both unit owners agree and they shall assess the cost thereof to all Unit Owners as a Common Expense. 19 Bk 10811 Pg 283 #19605 7. Rules and Regulations (a) The Trustees have adopted the initial Rules and Regulations set forth on Exhibit B, which is annexed hereto and hereby incorporated herein by this reference and made a part hereof, governing the details of the operation and use of the common areas and facilities and containing such restrictions on, and requirements respecting the use and maintenance of, the common areas and facilities as are consistent with the provisions of the Master Deed and designed to prevent unreasonable interference with the use by the Unit Owners of the common areas and facilities. (b): The Trustees shall administer such Rules and Regulations. (c) The Trustees may at any time and from time to time amend, rescind and waive any or all such Rules and Regulations. (d) The Trustees may at any time and from time to time adopt other Rules and Regulations governing the details of the operation and use of the common areas and facilities and containing such restrictions on, and requirements respecting the use and maintenance of, the common areas and facilities as are consistent with the provisions of the Master Deed and designed to prevent unreasonable interference with the use by the Unit Owners of the common areas and facilities. 8. Meetings The Board of Trustees shall meet annually on the date of the Annual Meeting of the Unit Owners. Other meetings may be called by any Trustee, and in such other manner as the Trustees may establish, provided, however, that written notice of each meeting, shall be given at least five (5) days before such meeting to each member of the Board of Trustees. 9. Notices to Unit Owners Every notice to any Unit Owner required under the provisions hereof, or that maybe deemed by the Trustees necessary or desirable in connection with the execution of the Trust created hereby or that may be ordered in any judicial proceeding, shall be deemed sufficient and binding if a written or printed copy of such notice shall be given by one or more of the Trustees to such Unit Owner by leaving such notice with him or her at his or her residence in the Condominium or by mailing it, postage prepaid, addressed to such Unit Owner at his or her address as it appears upon the: records of the Trustees, at least five (5) days prior to the date fixed for the happening of the matter, thing or event of which such notice is given, unless a different period for the giving of such notice is specified in these Bylaws. 20 Bk 10811 Pg 284 #19605 10.: Inspection of Books; Reports to Unit Owners The Trustees shall keep detailed records of their actions, and financial records and books of account of the Condominium, including a chronological list of receipts and expenditures, as well as a separate account for each unit, which, among other things, shall contain the amount of each assessment of Common Expenses against such unit, the date when due, the amounts paid thereon, and the balance remaining unpaid. Copies of the Master Deed, this Trust and these Bylaws, Rules and Regulations, and floor plans of the building, as the same may be amended from time to time, shall be maintained at the office of the Trustees. All of the foregoing records, accounts and documents shall be available for inspection by Unit Owners, their authorized agents, and lenders, mortgagees, holders, insurers and guarantors of any mortgage on any unit at all reasonable times. "Available" shall mean available for inspection, upon request, during normal business hours or under other reasonable circumstances. The Trustees shall, as soon as reasonably possible, after the close of each fiscal year, or more often, if convenient to them, submit to the Unit Owners a report of the operation of the Trustees for such year, which shall include financial statements in such summary form and in such detail as the Trustees shall deem proper. Except in the case of fraud, committed by any Trustee, any person (other than a mortgagee or mortgage insurer or guarantor) who has been furnished with such report and shall have failed to obj ect thereto by notice in writing to the Trustees, given by registered or certified mail within a period of sixty (60) days of the date of receipt by him or her, shall be deemed to have assented thereto. The holders of fifty-one percent (510/6) or more of first mortgages shall be entitled to have an audited statement prepared at their expense within a reasonable time if one is not otherwise available. 11.: Checks and Notes Checks, drafts and other instruments for the payment of money drawn or endorsed in the names of the Trustees or of the Trust must be signed by both Trustees or by any person or persons (who may be one of the Trustees) to whom such power may, at any time or from time to time, be designated by all of the Trustees. All vouchers for the payment of any Common Expense shall be approved by not less than three (3) Trustees in each instance. 12.: Seal The Trustees may, at any time or from time to time, at their discretion, adopt a seal circular in form bearing the name of this Trust and the year in which this instrument was recorded in the Registry of Deeds, or a common or wafer seal, which shall be valid for all purposes. 13 Fiscal Year The fiscal year of the Trust shall be the calendar year or such other date as may from time to time be determined by the Trustees. 21 Bk 10811 Pg 285 #19605 14.: Management; Employees The Trustees may employ for the condominium a managing agent and a manager at the compensation established by the Trustees, to perform such duties and services as are customarily and usually performed by Condominium property managers in the Merrimack Valley area. Notwithstanding anything to the contrary herein, any agreement for professional management of the. Condominium shall provide that the management contract may be terminated without cause and without payment of a termination fee or penalty on ninety (90) days' written notice or less, and the term of any such contract shall not exceed three (3) years, except that the term of any such contract entered into at any time during the term of the Initial Board of Trustees shall not exceed six (6) months. 15. Use of Units (a) No unit shall be occupied for nonresidential purposes, nor by more than one (1) family per unit nor more than three (3) unrelated persons per unit, provided, however, that any of the units may also be used as an office and/or artist's studio, but only accessory to such residential use and only if and to the extent such accessory office and/or artist's studio use is permitted by applicable zoning laws. So long as any unit mortgage or interest therein is held by the Federal National Mortgage Association ("FNMA"), no nonresidential space that is part of the Condominium may constitute, in FNMA's judgment, an inordinate amount of space devoted to nonresidential purposes. (b) If any unit or units are used for office and/or artist's studio purposes accessory to such residential use as set forth in Subsection A hereof, no signs or advertising shall be displayed on the exterior of the unit or units so used or in any part of the common areas or in or upon any part of the Condominium except for a nameplate on the mailbox, which shall be no larger than the nameplate slot on such mailbox. The visitation of business associates, clients and the general public with respect to such office use shall be substantially infrequent, and not more than one employee who is not a resident of any unit in the Condominium shall be employed therein (in addition to the resident of the unit being used for accessory office use). (c) Each Unit Owner shall be obligated to maintain his or her own unit and appurtenances thereto in good order and repair. 16. Use of Common Areas and Facilities A Unit Owner shall not place or cause to be placed in the common areas and facilities any furniture, packages or objects of any kind. The stairways shall be used for no purpose other than for -normal transit through them. 22 Bk 10811 Pg 286 #19605 17. Attorneys, Accountants, Appraisers The Trustees may, but need not, engage the services of attorneys, accountants, appraisers, architects, engineers, and other professionals in connection with their duties as such Trustees, upon the payment of such fees and upon such other terms and conditions as the Trustees shall decide, and such fees and other expenses in connection with such employment shall be Common Expenses of the Condominium. In the absence of fraud, the Trustees shall be protected in reasonably relying upon the opinion of such attorneys, accountants, appraisers, architects, engineers, or other professionals engaged by the Trustees pursuant to their duties as such Trustees. 18. Electricity, Gas, Other Utilities Electricity and Gas shall be supplied by the public utilities servicing the area in which the Condominium is located, directly to each unit through separate meters. Each Unit Owner shall be required to pay all bills and assessments for electricity, gas and other utilities, if any, consumed or used in his or her unit. 19.: Violations by Unit Owners The violation of any rule or regulation adopted by the Trustees, or the breach of any of these Bylaws, or the breach of any provisions of the Master Deed or of this Trust or for the offending Unit Owner's Unit Deed shall give the Trustees the right, in addition to any other rights set forth in these Bylaws, to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, or both, the continuance of any such breach. In addition to the foregoing, and not in substitution therefor, the Trustees shall have the power to levy fines against Unit Owners for such violations. No fine may be levied for more than twenty-five dollars ($25.00) for any one violation, but each day a violation continues after notice shall be considered a separate violation. Collection of fines may be enforced against the Unit Owner or Unit Owners involved as if the fines were Common Expenses owed by the particular Unit Owner or Unit Owners. In the case of persistent violations by a Unit Owner, the Trustees shall have the power, after notice and a hearing pursuant to Section 34 hereof, to require such Unit Owners to post a bond to secure adherence to said Rules and Regulations, Bylaws, Master Deed, this Trust, or said Unit Deed. 20. Violation of Law No noxious or unlawful activity shall be carried on in any unit or in the common areas and facilities nor shall anything be done therein, either willfully or negligently, that may be or become unreasonably annoying to the other Unit Owners or occupants. No Unit Owner shall make or permit any disturbing noises by himself or herself, his or her family, guests, agents, servants, employees, licensees, or tenants, nor do or permit anything by such persons that will unreasonably interfere with the rights, comforts or conveniences of other Unit Owners or occupants. 23 Bk 10811 Pg 287 #19605 21. Maintenance and Repairs (a) All maintenance and replacement of and repairs to any unit, ordinary or extraordinary other than to the common areas and facilities contained therein not necessitated by the negligence, misuse or neglect of such Unit Owner, and to the doors and windows, and to electrical, plumbing, and heating fixtures within the unit or belonging to the Unit Owner that are not a part of the common areas and facilities, and the washing of exterior glass of his or her unit shall be done by the Unit Owner at the Unit Owner's expense, excepting as otherwise specifically provided herein. Each Unit Owner shall be responsible for all damage to any and all other units and to the common areas and facilities that his or her failure so to do may engender. (b) All maintenance, and replacements of and repairs to the common areas and facilities as defined in the Master Deed, and all maintenance, and replacement of and repairs to the exterior walls of the building and to structural parts of the building and the painting and decorating of the exterior doors of the building and exterior window sash, shall be made by the Trustees and shall be charged to each of the Unit Owners as a Common Expense, except to the extent that the same are necessitated by the negligence, misuse or neglect of a Unit Owner, in which case such expense shall be charged to such Unit Owner. 22.; Right of Access Subject to the provisions of said Chapter 183A, Section 4, Clause (2), the Trustees in their capacities as such, and any manager engaged by them, and any persons authorized by the Trustees or such manager, shall have a right of access to all units in the Condominium, at any time in case of emergency, and at all other times during reasonable times by prior appointment with each Unit Owner, for the purpose of making inspections or repairs to either the unit to which such persons seek access, or to another unit, or to any part of the common areas and facilities. 23: Household Pets Unit owners shall be allowed to keep no more than 2 cats and/or one dog. If the pet creates excessive noise, is allowed to be outdoors except on a leash, or in any way creates a disturbance, the. Trustees may order that the pet be removed from the Condominium, and the Owner of the pet shall immediately comply with such request. Each owner shall hold the Trustees and each of the other Unit Owners and their respective agents and employees harmless against loss, liability, damages or expense for any actions of his or her pet(s) within the Condominium. 24. Structural Integrity Nothing shall be done or maintained in any unit or in the common areas and facilities that will impair the structural integrity of any part of the building of the Condominium. 24 Bk 10811 Pg 288 #19605 25 No Alterations Neither the exterior of any unit nor the common areas and facilities nor the stairways shall be altered, constructed, removed, decorated or painted in any manner except with the written consent of the Trustees. Any Unit Owner is free to decorate the interior of his or her unit in any manner as he or she sees fit without requiring the consent of the Trustees so long as such decorations do not alter the structure of the unit or the building. 26.: Signs Except only as set forth in Subsection 2 of Section 15 ("Use of Units) of the Bylaws of this Trust, no business, professional, commercial or other signs, whether designed for profit, altruism or otherwise, shall be maintained or permitted on any part of the property, nor shall any "For Sale," "For Rent," or "For Lease" sign be permitted thereon except by the Declarant during such time as the Declarant owns one or more units in the Condominium and except for any Mortgagee who may become the owner or Mortgagee in possession of any unit, but in no event shall any such sign be larger than two (2) square feet. 27.' Combustible Materials Na Unit Owner shall permit or suffer to be kept at any time any flammable, combustible or explosive fluid or substance on the property of the Condominium or in his or her unit except for such lighting and cleaning fluids as are customary for residential use. 28. Safety Each Unit Owner assumes complete responsibility for the safety of himself or herself, his or her family, guests, agents, servants, employees, licensees and tenants while such persons are in his or her unit, or any other unit or in the common areas and facilities of the Condominium. 29. Sale of Units (A) No Severance of Ownership No::Unit Owner shall execute any deed, mortgage, or other instrument conveying or mortgaging title to his or her unit without including therein the Appurtenant Interests (as hereinafter defined), it being the intention hereof to prevent any severance of such combined ownership. Any such de$d mortgage, or other instrument purporting to affect one or more of such interests, without including all such interests, shall be deemed and taken to include the interest or interests so omitted, even though the latter shall not be expressly mentioned or described therein. No part of the: Appurtenant Interests of any unit may be sold, transferred, or otherwise disposed of, except as part of a sale, transfer, or other disposition of the unit to which such interests are appurtenant, or part of a sale, transfer, or other disposition of such part of the Appurtenant Interest of all units. As used herein, "Appurtenant Interests" shall include 25 Bk 10811 Pg 289 #19605 (i): the undivided interest of a Unit Owner in the common areas and facilities; (ii): the interest of such Unit Owner in any other assets of this Trust; and (iii) any exclusive rights and easements set forth in Paragraph (3) of the Master Deed. (B) Payment ©fAssessments No Unit Owner shall convey, mortgage, pledge, hypothecate, sell or lease his or her unit unless and until he or she shall have paid in full to the Trustees all unpaid Conunon Expenses, theretofore assessed by the Trustees against his or her unit and until he or she shall have satisfied all unpaid liens against such unit. This paragraph shall not apply to any first mortgagee of any unit. 30 Tenants Any Unit Owner may lease or rent his or her unit, subject, however, to the following conditions: (A) Any lease or occupancy agreement shall: (i) be in writing and apply to the entire unit and not merely a portion thereof; (ii) be for a term of at least twelve (12) months; (iii) expressly provide that the lease or occupancy agreement shall be subject in every respect to the Master Deed of the Condominium, the Declaration of Trust of the Condominium Trust, and the Bylaws and Rules and Regulations thereof, as the same have been amended most recently prior to the execution of the lease or occupancy agreement; (iv) contain the following notice, in capital letters, double spaced: IMPORTANT CLAUSE: "THE APARTMENT UNIT BEING LEASED [RENTED] UNDER THIS LEASE [OCCUPANCY AGREEMENT] IS LOCATED IN A CONDOMINIUM BUILDING —NOT A RENTAL APARTMENT HOUSE. THE CONDOMINIUM BUILDING IS OCCUPIED BY THE INDIVIDUAL OWNERS OF EACH APARTMENT (EXCEPT FOR CERTAIN APARTMENTS, SUCH AS THIS ONE, WHICH ARE BEING OCCUPIED BY TENANTS). THE TENANT UNDERSTANDS THAT HIS OR HER NEIGHBORS IN THE BUILDING ARE 26 Bk 10811 Pg 290 #19605 (EXCEPT AS AFORESAID) THE OWNERS OF THE HOMES THEY OCCUPY AND NOT TENANTS LIVING IN A RENTAL APARTMENT HOUSE. THE TENANT, BY SIGNING THIS LEASE [OCCUPANCY AGREEMENT] ACKNOWLEDGES THAT HE OR SHE HAS BEEN FURNISHED WITH A COPY OF THE MASTER DEED OF THE CONDOMINIUM, THE DECLARATION OF TRUST OF THE CONDOMINIUM TRUST AND THE BYLAWS AND RULES AND REGULATIONS THERETO AND THAT HE OR SHE HAS READ AND UNDERSTANDS THE SAME AND THAT HE OR SHE WILL BE EXPECTED TO COMPLY IN ALL RESPECTS WITH THE SAME. THE TENANT UNDERSTANDS THAT IN THE EVENT OF ANY NONCOMPLIANCE, THE TENANT MAY BE EVICTED BY THE TRUSTEES OF THE CONDOMINIUM TRUST (WHO ARE ELECTED BY THE UNIT OWNERS); IN ADDITION, THE TENANT MAY HAVE TO PAY FINES, PENALTIES AND OTHER CHARGES; AND THE PROVISIONS OF THIS CLAUSE TAKE PRECEDENCE OVER ANY OTHER PROVISION OF THIS LEASE [OCCUPANCY AGREEMENT];" and (v) Any failure by the tenant to comply in all respects with the provisions of the Master Deed of the Condominium, the Declaration of Trust of the Condominium Trust and the Bylaws and Rules and Regulations thereto shall constitute a material default in the lease (occupancy agreement). In the event of such default, the Trustees of the Condominium Trust shall have the following rights and remedies against both the Unit Owner and the tenant, in addition to all other rights and remedies that the Trustees and the Unit Owners (other than the owner of the affected unit) have or may in the future have, against both the owner of the affected unit and the tenant. All rights and remedies of the Trustees and the Unit Owners (other than the owner of the affected unit) are deemed at all times to be cumulative and not exclusive as follows: (a) The Trustees shall have the right to give written notice of the default to both the tenant and the Unit Owner. Said notice shall be deemed properly given if left in any part of the unit addressed to the tenant, and mailed, postage prepaid, registered or certified mail, return receipt requested, addressed to the owner of the unit as such address then appears on the records of Trustees or by delivering said notice in hand or by delivering said notice in any other manner permitted by law. (b) If the default continues for five (5) days after giving said 27 Bk 10811 Pg 291 #19605 notice, then the Trustees shall have the right to levy fines against the owner of the affected unit in accordance with the provisions of Section 20 of the Bylaws and terminate the tenancy by giving notice in writing to quit to the tenant in any manner permitted by law, in the name of the landlord (Unit Owner) or in the name of the Trustees, or both. In case of a tenancy at will, the time of such notice shall be sufficient if it equals the interval between the days of rent payment or thirty (30) days, whichever is longer. In case of a lease, seven (7) days' notice shall be sufficient. In either event, a copy of such notice to quit shall be delivered or mailed to the landlord (Unit Owner) in the manner set forth hereinabove. Thereafter, the Trustees may initiate and prosecute a summary process action against the tenant under the provisions of Chapter 231 in the name of the landlord or in the name of the Trustees, or both. (c) The Trustees shall be entitled to levy a fine or fines, or give a notice or notices to quit followed by a summary process action or actions. The Trustee's may elect to pursue any of the foregoing remedies, either at the same time, or in the event of any further default. (d) All of the expenses of the Trustees in giving notice and notices to quit and maintaining and pursuing summary process actions and any appeals therefrom shall be entirely at the expense of the owner of the affected unit. Such costs and expenses may be enforced and collected against the Unit Owner and unit as if the same were Common Expenses owed by the unit or Unit Owner. (B) (i) The Unit Owner shall make reasonable efforts, at his or her expense and upon his or her initiative to inform rental agents of the provision of this section and shall, at his or her own expense, and upon his or her own initiative, furnish copies of the Condominium documents to the tenant and cause the lease or occupancy agreement to be prepared in conformity with the provisions of this Section. (ii) Any renewal or extension of any lease or occupancy agreement shall be subject to the prior written approval of the Trustees in each instance. Such approval shall not limit any rights or remedies of the Trustees or Unit Owners in the event of a subsequent default. (iii) A true copy of the lease or occupancy agreement shall be delivered to the 28 Bk 10811 Pg 292 #19605 Trustees forthwith upon its execution. (iv) The provisions of this Section shall take precedence over any other Section in the lease or occupancy agreement. (v) Notwithstanding anything to the contrary herein and notwithstanding any custom, law, or usage to the contrary, it is expressly understood and agreed that neither the Trustees nor the Unit Owners shall ever bear any personal or individual responsibility with respect to said lease or occupancy agreement. (vi) Every lease or occupancy agreement shall have, attached thereto, and incorporated therein by reference, a copy of this Section. Notwithstanding anything to the contrary in this Section, it is expressly understood and agreed that the provisions of this Section 30 shall not apply to the Declarant nor to any first mortgagee in possession of a unit following default by the Unit Owner in his or her mortgage or holding title to a unit by virtue of a mortgage foreclosure proceeding or deed or other agreement in lieu of foreclosure. 31. Nondiscrimination Notwithstanding anything to the contrary herein, no part of this Trust or these Bylaws or the Rules and Regulations now or hereafter adopted or promulgated (including but not limited to the provisions of Section 30) shall ever be deemed to prevent, restrict, discourage, or hinder, in fact, in any manner whatsoever, the alienation, conveyance, mortgage, purchase, sale, rental, lease, license, use, or occupancy of units or any negotiations in connection therewith because of race, religion, creed, color, national origin, sex, sexual preference, age, ancestry, marital status, blindness, status as a veteran or member of the armed services, membership in any ethnic group, or by reason of the fact that children will occupy such unit, receipt of public assistance, or, in addition to the foregoing, by any reason whatsoever prohibited by any federal, state, county or municipal law. 32. Percentage of Unit Owners Whenever the term "Percentage of Unit Owners" or "Percentage of Units" is used in this instrument, it shall mean the owners of the specified percentage in the aggregate in interest of the undivided ownership in the common areas and facilities of the Condominium. 33. Protection of Mortgagees; Federal Home Loan Mortgage Corporation; Federal National Mortgage Association A. befcnitions (i) : The term "FHLMC" means Federal Home Loan Mortgage Corporation. 29 Bk 10811 Pg 293 #19605 (ii).'.The term "FNMA" means Federal National Mortgage Association. (iii) The term "eligible Mortgage Holder" means a holder of a first mortgage on a unit who has requested notice of certain matters from this Trust as set forth in these Bylaws. (iv) The term "eligible Insurer or Guarantor" means an insurer or governmental guarantor of a first mortgage who has requested notice of certain matters as set forth in these Bylaws. (v): The term "Constituent Documents" means, collectively, the Master Deed, this Trust and the Bylaws and Rules and Regulations thereto and the Master Plans. B Prohibitions Notwithstanding anything to the contrary in the Constituent Documents: (i) There shall be no restriction upon any Unit Owner's right of ingress or egress to his or her unit, which right shall be perpetual and appurtenant to the ownership of the unit. (ii): There shall be no restriction on the right of a Unit Owner to sell, transfer or otherwise convey his or her unit. There shall be no "'right of first refusal" so-called or any similar restriction. (iii) There shall be no restriction on the right of any Unit Owner to mortgage or otherwise : encumber his or her unit. (iv) The Condominium shall not be subject to "expansion" or `phases," so-called. (v)' Prior to the passage of control of this Trust to consumer unit purchasers, no contract or lease (including management contracts) shall be entered into unless this Trust is provided with a right of termination of any such contract or lease with or without cause, exercisable without penalty at any time after transfer of control, upon not more than 90 daysnotice to the other party thereto. (vi) The Constituent Documents shall not be amended or modified if the result of any such amendment or modification would: (a) add a "right of first refusal" so-called, or (b) permit an addition or expansion to the Condominium project in which sections or phases are established. C. Rights of Eligible Mortgage Holders and Eligible Insurers or Guarantors Notice of Action: Upon written request to this Trust identifying the name and address of the 30 Bk 10811 Pg 294 #19605 mortgage holder, insurer or guarantor and the unit number or address, any first mortgagee and any such eligible Mortgage Holder or eligible Insurer or Guarantor will be entitled to timely written notice of- any f any condemnation loss or any casualty loss that affects either a material portion of the project or any unit on which there is a first mortgage held, insured, or guaranteed by such eligible mortgage holder or eligible insurer or guarantor, as applicable; (ii) any delinquency in the payment of assessments or charges owed, or default in the performance by the borrower of any obligation under the Condominium Constituent Documents, by an owner of a unit subject to a first mortgage held, insured or guaranteed by such first Mortgage Holder or eligible holder or eligible Insurer or Guarantor, which remains uncured for a period of 60 days; (iii) any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Trust; and (iv) any proposed action that would require the consent of a specified percentage of eligible mortgage holders. D. Amendment to Documents (i) Where Unit Owners are considering termination of the legal status of the project for reasons other than substantial destruction or condemnation of the property, the consent of owners of units to which one hundred percent (100%) of the votes in this Trust are allocated and the approval of eligible Mortgage Holders representing at least sixty-seven percent (67%) of the votes of the mortgaged units shall be required to terminate the legal status of the project as a Condominium. (ii) The consent of the owners of units to which at least seventy-five percent (75%) of the votes in this Trust are allocated, and the approval of at least fifty-one percent (51%) of the eligible Mortgage Holders (based on one vote for each unit subject to a mortgage held by an eligible Mortgage Holder), shall be required to add or amend any material provisions of the constituent documents of the project, which establish, provide for, govern or regulate any of the following: (a) voting rights; (b) assessments, assessment liens or subordination of such liens; (c) reserves for maintenance, repair and replacement of the common areas; (d) insurance or fidelity bond requirements; (e) rights to use the common areas; 31 Bk 10811 Pg 295 #19605 (f) responsibility for maintenance and repairs; (g) expansion or contraction of the project or the addition, annexation or withdrawal of property to or from the project; (h) definitions of unit boundaries; (i) interests in the general or limited common areas; 0) convertibility of units into common areas or of common areas into units; (k) leasing units; (1) reallocation of interests in the general or limited common areas or rights to their use; (m) a decision by the Trust to establish self-management when professional management had been required previously by an eligible Mortgage Holder; (n) imposition of any restrictions on a Unit Owner's right to sell or transfer his or her unit; (o) restoration or repair of the project (after hazard damage or partial condemnation) in a manner other than that specified in the Condominium Constituent Documents; (p) any action to terminate the legal status of the project after substantial destruction or condemnation occurs; or (q) any provisions that are for the express benefit of Mortgage Holders, eligible Mortgage Holders or eligible Insurers or Guarantors of mortgages on units. An addition or amendment to such documents shall not be considered material if it is for the purpose of correcting technical errors or for clarification only. An eligible Mortgage Holder who receives a written request to approve additions or amendments that are not material who does not submit a response to the requesting party within thirty (30) days after the request is made shall be deemed to have approved such request. Additionally, if specifically provided by any applicable FNMA regulation, implied approval of any addition or amendment may be assumed when an eligible Mortgage Holder fails to submit a response to any written proposal for an amendment within 30 days after the proper notice of the proposal is received, provided the notice has been delivered to the Mortgage Holder by certified or registered mail, return receipt requested. This clause (iii) 32 Bk 10811 Pg 296 #19605 shall not apply to FHLMC. E. Right of Action This Trust and any aggrieved Unit Owner shall have a right of action against Unit Owners for failure to comply with the provisions of this Trust and the Bylaws and Rules and Regulations thereto, the Master Deed, the Master Plans and each unit deed and unit plan, and with decisions of the Trustees of this Trust. Each Unit Owner shall have a similar right of action against this Trust. Any such action may be brought in any court of competent jurisdiction. F. First Mortgagee Obtaining Title Except as otherwise provided in Chapter 183A, any first mortgagee who obtains title to a Condominium unit pursuant to the remedies provided in the mortgage or foreclosure of the mortgage will not be liable for such unit's unpaid dues or charges that accrue prior to the acquisition of title to such unit by the mortgagee. G. Additional Prohibitions Except as provided by statute in case of condemnation or substantial loss to the units and/or common elements of the Condominium project, unless at least two-thirds of the first mortgagees (based upon one vote for each first mortgage owned) or owners (other than the sponsor, developer or builder) of the individual Condominium units have given their prior written approval, this Trust shall not be entitled to: (i) By act or omission, seek to abandon or terminate the Condominium project; (ii): Change the pro rata interest or obligations of any individual Condominium unit for the purpose of (1) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards or (2) determining the pro rata share of ownership of each Condominium unit in the common elements; (iii) Partition or subdivide any Condominium unit; (iv) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the common elements. (Granting easements for public utilities or for other public purposes consistent with the intended use of the common elements by the Condominium project shall not be deemed a transfer within the meaning of this clause); Ma Use hazard insurance proceeds for losses to any Condominium property (whether to units or to common elements) for other than the repair, replacement or reconstruction of such Condominium property; (vi) No provisions of the constituent documents shall give any Unit Owner or Owners or any other party or parties priority over any rights of first mortgagees of Condominium units 33 Bk 10811 Pg 297 #19605 pursuant to their mortgages in the case of a payment to Condominium Unit Owners of insurance proceeds or condemnation awards for losses to or taking of Condominium units and/or common areas and facilities. H. Vote or Consent The right of any Unit Owner to vote or grant or withhold any consent or exercise any rights pursuant. to the provisions of this Trust or the Master Deed may be assigned to or restricted in favor of any mortgagee. The Trustees shall be bound by such assignment or restriction, provided, however, that such assignment or restriction'does not conflict with the provisions of said Chapter 183A and that the mortgagee has notified the Trustees of such assignment or restriction in writing. L Information The Trust shall promptly deliver the following information, in writing, to any mortgagee, mortgage holder, mortgage servicer, FHLMC or FNMA, requesting same, without expense to the requesting party: (i) notification of any default in the performance by the individual unit borrower of any obligation under the Condominium Constituent Documents that is not cured within sixty (60) days; (ii) a written certification as to whether the owner of any unit encumbered by a mortgage held or serviced, in whole or in part, by the requesting party, is more than one (1) month delinquent in the payment of Condominium common area charges or assessments; (iii) written certification as to the percentage of Unit Owners who are more than one (1) month delinquent in paying Condominium common area charges or assessments; and (iv) a statement to the best of the Trust's knowledge as to the percentage of units that have been sold and conveyed to bona fide purchasers (who have closed or who are legally obligated to close) and the percentage of units that are occupied by individual Unit Owners as their primary year-round residence. J. FHLMC, FNMA The provisions of this Section 33 are set forth so that the Condominium will comply with the requirements of FHLMC and FNMA, and the provisions of this Section 33 shall be construed and interpreted in accordance with that intention. Notwithstanding anything to the contrary in the Constituent Documents, the provisions of this Section 33 shall at all times take precedence over all other provisions in the Constituent Documents, and this Section 33 shall not be amended or modified without the express prior written consent of FHLMC and FNMA, except as expressly 34 Bk 10811 Pg 298 #19605 provided in the immediately following sentence. In the event that, at any time and from time to time, applicable Rules and Regulations of FHLMC or FNMA are changed or modified, then and in any such event or events, the prohibition contained in the immediately foregoing sentence shall be deemed to be changed and modified so as to permit the amendment and onstituent Documents shall comply with suche hanged cation f the_ Constituent Documents so that the C or modified Rules and Regulations of FHLMC or FNMA, or both. 35 Bk 10811 Pg 299 #19605 Exhibit B Exhibit B is hereby incorporated into and made a part of the Bylaws of 29 — 31 MLLCREST FARMS CONDOMHgIUM. RULES AND REGULATIONS OF 29 — 31 HILLCREST FARMS CONDOMINIUM TRUST 1. No Obstruction of Common Areas and Facilities No: one shall unreasonably obstruct any part of the common areas, facilities or hallways, without prior consent of the Trustees. 2. No Articles in Common Area No clothes, sheets, blankets, laundry or other articles shall be hung out of a unit or exposed on any part of the common areas and facilities. 3. Toys, Baby Carriages, Etc. No: baby carriages, toys, playpens, bicycles, velocipedes, benches, chairs or other articles shall be placed on any part of the common areas and facilities except when such articles are in actual use by a Unit Owner, or his or her family or guests. 4. No Liability for Personal Property of Unit Owners All personal property of the Unit Owners or any other occupant of a unit, whether in the units, in they common areas and facilities, in the Parking Spaces or elsewhere on the Condominium property, shall be kept therein at the sole risk and responsibility of the respective Unit Owner or occupant, and the Trustees shall have no responsibility therefor. S. Radios, Phonographs, Musical Instruments The volume of television sets, radios, computers, phonographs, high fidelity sound reproduction devices, musical instruments, etc., shall not be operated in any manner that would creates excessive noise or in any way become a nuisance. Notwithstanding anything contained herein, such volume shall be deemed to create excessive noise and become a nuisance if it can be heard in any other unit between the hours of 11:00 p.m. and 7:00 a.m. 6. Xo Offensive Activity No,noxious or offensive activity shall be carried on in the common areas and facilities, nor shall anything be done therein either willfully or negligently that may be or become an annoyance or nuisance to the other Unit Owners or occupants. No Unit Owner shall do or permit anything to 36 Bk 10811 Pg 300 #19605 be done by his or her family, servants, employees, agents or visitors that will interfere with the rights, comforts or conveniences of other Unit Owners or occupants. No public hall shall be decorated or furnished by any Unit Owner in any manner. 7. Trash All garbage and trash must be placed in the proper receptacles designed for refuse collection, and no garbage or trash shall be placed elsewhere in any of the common areas and facilities. 8. Exterior Apparatus Under no circumstances shall any air-conditioning apparatus, television or radio antennas, clothes line, clothes rack or any other such device, or other items, be installed on the exterior of any unit, or on the common areas and facilities or be permitted to be hung out of a unit. Notwithstanding anything contained herein, window type air-conditioning units may be placed in the! window of any unit, so long as the same does not unreasonably interfere with any of the other Unit Owners. 9. Damage Any damage to any building, equipment or common areas and facilities caused by a Unit Owner or such Unit Owner's family, visitor, or pet shall be repaired at the expense of the Unit Owner. 10.- Doors Unit doors opening into public halls and building entry doors shall be kept locked and secured at all times except when actually in use. 11.= Reasonable Maintenance Unit owners shall maintain, care and upkeep the exterior of their unit, including landscaping, in a reasonable and attractive manner. 37 LAW OFFICES OF JOHN J. BURKE, LLC 14 Chickering Road, North Andover, Massachusetts 01845 Tel: 978.681.1570 FAX: 978.681.1572 jburkc@johnburkcatty.com August 12, 2016 Mr. Dogihi s 8etanger Zoning Enforcement Officer 1600 Osgood Street North Andover, MA 01845 Re: tot S, Cotuit Street and Leydon Street Dear Mr. Belanger: Please accept this letter, the application for plan examination and the accompanying documents for the above property as our request for a building permit for a two family structure. We understand that the request will be denied as the property is in the R-4 district and any two family construction requires a special permit. As you are aware, procedurally we need your denial before we can proceed with our application for a special permit. Please call me with any questions. Sig erely, h J. Burk p` t�a� , •ry� BUILDING PERMIT TOWN OF NORTH ANDOVER ° L APPLICATION FOR PLAN EXAMINATION Permit N0:* •~ Date Received TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential Kew Building ❑ One family ❑ Addition two or more family n ❑ Industrial ❑ Alteration No. of units: ❑ Commercial ❑ Repair,, replacement ❑ Assessory Bldg ❑ Others: ❑ Demolition ❑ Other Identification Please Type or Print Clearly) Kr� q -Al r � OWNER: Name: +a�.i�-T �� �i��-�-� � i2c,,Is J Phone: 5 = I_I ARCHITECT/ENGINEER C0L r9N'Al'L. -br*r t� Phone: `77 r 9PQ 0131 Address: 1y Duh Cai.+l ! Vic, M4 MID Reg. No. FEE SCHEDULE: BULDING PERMIT. -MOO PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F. Total Project Cost: $ 4100.4 00oD FEE: $ Check No.: Receipt No.: NOTE: Persons contractin& with unregistered contractors do not have access to the guaranty fund Plans Submitted Plans Waived ❑ Certified Plot Plan /Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/Body Art ❑ Swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private (septic tank, etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMENTS CONSERVATION ❑ ❑ COMMENTS HEALTH COMMENTS DATE REJECTED DATE APPROVED ❑ ❑ Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Sislnature & Date Driveway Permit Located at 384 Osgood Street -Dimension Number of Stories:_ Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: 15 9 S9— ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min. $100-$1000 fine NU I Ls and UA i A — (For department use) t Doc.Building Permit Revised 2012 mom: oannoY AY�t. M R,NOY A4i0C AY,Y uA, tm. YAP tOip M1A2 tl5D(nCaO0.6W1,1 ` i ASYgAT01 14 •� / l� ~ ��• .- `-, 42r tf/- - - �9R ..E tet.-._�` : " - _ / l' 1 ` O 4VG MMMt. Asasmh /• f r / BREWSTER STREET A *1 � GRAPMC SCALE i4o A f oil 71p.1 e � all ag vo 9 g�z G m cs-M, R, xo aaz Aa r' i S � "� Y� / MYLdKipF.V M � YiiE9t MTd �'ij i � GRAPMC SCALE i4o A f oil 71p.1 e � all ag vo 9 g�z G m cs-M, R, xo 14 Massachusetts Department of Public Safety Board of Building Regulations and Standards License: CS -002176 5 Construction Supervisor JOHN J BURKE .. 71 SUTTON HILL RD _ NORTH ANDOVER Mi I>1 +�'/►�-^� Expiration; Commissioner 03/28/2018 Construption Supervisor Rdstricted to: Unrestricted - Buildings of any use group which] contain less than 35,000 cubic feet (991 enclosecubic meters) of r! space. Faiill4 a to possess:` current edition ofthe Massachusetts DPS Licensing State Building Code is cause for revocai;on of this lice information visit: WWW.MASS.GOV/DPS Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) TOWN of NORTH ANDOVER ABUTTER LIST REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name 47 151 Robert J. Burke Trust RH Harrington, Trustee Abutters Properties Map Parcel Name 23 4-0055.H Suresh B. & Kumud S. Oza, Trustees 23 4-0056.H C. McCarthy c/o J. L. Fuller 23 4-0057.H Zachary & James M. Coskren 23 4-0058.11 J. W. & D. M. Pierdomenico 23 4-0059.H Mark E. Murray 23 4-0060.H J. Bolis & J. Renken, Trustees 23 4-0061.H Vycheslav L. & Victoria A. Krupnik 23 4-0062.H James Kostoulakos 23 4-0088.P Andrew Y. Li 23 4-0089.P Jane A. Andon 23 4-0090.P Anatoli & Lubov Oboukhov 23 4-0091.P Richard Naso & Dana Jison 23 4-0092.P S. Stevens c/o Lee T. Talewsky 23 4-0093.P Jill R. Harris 23 4-0094.P Ralph A. Giangregorio 23 4-0095.P James & Raquel F. LaTourneau 23 4-0096.0 George P. Jr., G.P. & N.P. Assad 23 4-0097.0 Evagilia Karagiannis 23 4-0098.0 Christopher B. & Hilary A. Alden 23 4-0099.0 Hanh L. Tran 23 4-0100.0 Yannirys Abreu 23 4-0101.0 Dragan & Rada Topic 23 4-0102.0 Francis C. & Margaret Fisher 23 4-0103.0 Mark M. & Susan M. Wilson 23 4-0104.N Susan M. Celikmen 23 4-0105.N Angelo L. Palermo 23 4-0106.N Joanne M. Rivet 23 4-0107.N Linda I. Short 23 4-0108.N Edward M. & Melissa S. Leftin 23 4-0109.N C. Mbugua c/o Ngaitun Chow 23 4-0110.N 7.lennifer A. Recklet & Davide T. Tassi 23 4-0111.N / Michael A. & Sandra C. Flanagan 23 4-0112.1 Mikhail & Serafima Bobrakov 23 4-0113.1 Erik J. Markarian 23 4-0114.1 Eva M. Grizzell 23 4-0115.1 F. Wessling LT, M. Resnick & P. Dane 23 4-0116.1 Donna J. Dickie 23 4-0117.1 Deshler Family Trust Address 0 Leydon Street .,o7 / V 6 Address 72 Jefferson Street 70 Jefferson Street 68 B Jefferson Street 68 Jefferson Street 68 D Jefferson Street 68 C Jefferson Street 66 Jefferson Street 64 Jefferson Street 1 Kingston Street U:88 P 3 Kingston Street 5 Kingston Street 7 Kingston Street 9 Kingston Street 11 Kingston Street 13 Kingston Street 15 Kingston Street 19 Kingston Street 21 Kingston Street 23 Kingston Street 25 Kingston Street 27 Kingston Street 29 Kingston Street 31 Kingston Street 33 Kingston Street 35 Kingston Street 37 Kingston Street U: 105 N 108 South Bowdoin Street 41 Kingston Street 43 Kingston Street 45 Kingston Street U: 109 N 47 Kingston Street 49 Kingston Street 20 Kingston Street 18 Kingston Street U: 113 16 Kingston Street U: 114 16 A Kingston Street U: 115 16 D Kingston Street U: 116 16 Kingston Street U: 117 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Lawrence, MA 01843 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 This certifies that the names appearing on the records of the ,assessors Office as of o/- - Certified by:� Date P fd Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) TOWN of NORTH ANDOVER ABUTTER LIST REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name 47 151 Robert J. Burke Trust RH Harrington, Trustee Abutters Properties Map Parcel Name 23 4-0118.1 Arlene B. Pikin, Trustee 23 4-0119.1 Alvin H. Ginsberg, Trustee 23 4-0120.J Patricia A. Aloisi 23 4-0121.J William L. & Anna F. Cannon 23 4-0122.J Rachel Simili 23 4-0123.J Michael T. Beagen 23 4-0124.J C. Desjardins, Trustee c/o C. M. Grant 23 4-0125.J Gail Hinchey 23 4-0126.J Theresa J. Viola 23 4-0127.J Michael A. & Kelley A. Tinder 23 6-0024.Q Eliel DaSilva 23 6-0026.Q Samuel & Joseph Giarrusso 23 6-0028.Q, 30 Q Y. Khaytin & T. Berman 23 6-0032.Q Peter T. & Ilona Colantonio 23 6-0034.01 Janet I. Egan 23 6-0036.11 Mikhail Smimov 23 6-0038.11 Jayne Taylor 23 6-0040.R Brenda J. Fredericks 23 6-0042.R Nicole Venuti 23 6-0044.R Jennifer D. & Bernard T. Jackson 23 6-0046.11 James A. & Shelley L. Jillson 23 6-0048.11 Wendy E. & Donna J. Hadley 23 6-0050.R C. & U. Dhuleshia 23 6-0052.S Igor Pribytkov 23 6-0064.S Linda H. & Walter J. Gancarz 23 6-0056.S Adaliz Robles 23 6-0058.5 Tatyana Zolotykh 23 6-0060.S Arnold M. Neddo & Amy Michelson 23 6-0062.5 Shawn Robbins 23 6-0064.S Anne L. Adams c/o Meghan H. Cheever 23 6-0066.S Andrew S. Levine 23 6-0068.T Adriana & Jaime Garcia 23 6-0070.T J. Bhuvaneshwar & J. Joginpally 23 6-0072.T Dulce M. & Rafael O. Lora 23 6-0074.T Frank D. & Suzanne M. Sanzi 23 6-0076.T Marina Gross 23 6-0078.T Willard W. & Nancy C. Lane 23 6-0080.T Krishna Patel Address 0 Leydon Street page 2 of 6 Address 14 Kingston Street 12 Kingston Street 10 Kingston Street U: 120 8 Kingston Street 6 B Kingston Street U: 122 6 Kingston Street U: 123 J 6 Kingston Street U: 124 6 C Kingston Street U: 125 4 Kingston Street 2 Kingston Street U: 127 24 Kingston Street 52 Newport Street 28 Kingston Street 32 Kingston Street 34 Kingston Street 36 Kingston Street 38 Kingston Street 40 Kingston Street 335 Beacon Street Apt 9 44 Kingston Street 46 Kingston Street 48 Kingston Street 50 Kingston Street 52 Kingston Street 66 Trout Brook Road 56 Kingston Street 58 Kingston Street 60 Kingston Street 62 Kingston Street 64 Kingston Street 66 Kingston Street 68 Kingston Street 45 Hepatica Drive 72 Kingston Street 74 Kingston Street 76 Kingston Street 78 Kingston Street 80 Kingston Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Tyngsboro, MA 01879 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Methuen, MA 01844 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Boston, MA 02116-1117 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Cheshire, CT 06410 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 This certifies that the names appearing on the records of the Assessors Office as of Certified by:��-<'Dati p /59�!d Abutter to Abutter ( ) Building Dept ( ) Conservation ( ) Zoning ( ) TOWN of NORTH ANDOVER ABUTTER LIST REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 47 151 Robert J. Burke Trust 0 Leydon Street North Andover, MA 01845 RH Harrington, Trustee page 3 of 6 Abutters Properties Map Parcel Name Address 23 6-0082.T Jeannine M. Roy 82 Kingston Street North Andover, MA 01845 23 6-0084.0 Ksenia & Lebedeva O'Donnell 84 Kingston Street North Andover, MA 01845 23 6-0086.0 Michelle Larkin 86 Kingston Street North Andover, MA 01846 23 6-0088.0 Terry N. Wilkins 88 Kingston Street North Andover, MA 01845 23 6-0090.0 M A & R Greenbaum, Trustees 90 Kingston Street North Andover, MA 01845 23 6-0092.0 Catherine M. Petillo 92 Kingston Street North Andover, MA 01845 23 6-0094.0 Steven M. & Lisa L. Manganiello 94 Kingston Street North Andover, MA 01845 23 6-0096.V N. E. Newaz & Ruba N. DII 96 Kingston Street North Andover, MA 01845 23 6-0098.V Ales & Martina K. Norska 98 Kingston Street North Andover, MA 01845 23 6-0100.V Elena Michelson, Trustee 100 Kingston Street North Andover, MA 01845 23 6-0102.V Irving & Marcella M. Lemberger 102 Kingston Street North Andover, MA 01845 23 6-0104.V Stephanie M. DeMarco 34 Larch Lane Reading, MA 01867 23 6-0106.V Carrnela T. Previti 106 Kingston Street North Andover, MA 01845 23 6-0108.W Jenna R. D'Amico 108 Kingston Street North Andover, MA 01845 23 6-0110.W Claire A. & Lesley J. Fusco 110 Kingston Street North Andover, MA 01845 23 6-0112.W Jonathan Elmstrom 112 Kingston Street North Andover, MA 01845 23 6-0114.W Gongyin Chen & Ming Wei 114 Kingston Street North Andover, MA 01845 23 6-0118.W Brian Jewers 118 Kingston Street North Andover, MA 01845 23 6-0120.W Timothy Horan 120 Kingston Street North Andover, MA 01845 23 6-0122.W Heidi J. Guarino 122 Kingston Street North Andover, MA 01845 23 6-0124.X Joyce DeCristoforo 124 Kingston Street North Andover, MA 01845 23 6-0126.X Robert F. Rioles Jr. 126 Kingston Street North Andover, MA 01845 23 6-0128.X Francisco V. Morales & Leona Zambrona 128 Kingston Street North Andover, MA 01845 23 6-0130.X Christine Hines 130 Kingston Street North Andover, MA 01845 23 6-0132.X William A. & Charlene M. Silk 132 Kingston Street North Andover, MA 01845 23 6-0134.X Francis M. & Audrey W. Taylor 134 Kingston Street North Andover, MA 01845 23 6-0136.X Kathleen Ann Barlow, Trustee 136 Kingston Street North Andover, MA 01845 23 6-0138.X Barbara A. Walsh c/o Fed Nat Mrt 138 Kingston Street North Andover, MA 01845 23 6-0140.Y Tara Gallant 140 Kingston Street North Andover, MA 01845 23 6-0142.Y Tseng Fu & Ho Hwa Chen Liang 142 Kingston Street North Andover, MA 01845 23 6-0144.Y John F. Jr., & Gayle F. Lever 144 Kingston Street North Andover, MA 01845 23 6-0146.Y Robert A. Mauriello 146 Kingston Street North Andover, MA 01845 23 6-0148.Y Margaret J. Betts, Trustee 34 Fairfax Street Burlington, MA 01803 23 6-0150.Y Anton Carl & Sherrill Joy Greenwald 150 Kingston Street North Andover, MA 01845 23 6-0152.Y A. Rafique Diengdoh & Amreen Rafique 152 Kingston Street North Andover, MA 01845 23 6-0154.Y Carole A. Hazard 85 Riverdale Avenue Ward Hill, MA 01835 23 6-0156.2 Decologero, Philip 156 Kingston Street North Andover, MA 01845 23 6-0158.2 Kevin Loh 158 Kingston Street North Andover, MA 01845 This certifies that the names appearing on the records of the Assessors Office as of dl -oA CoMfied by. gats 11 �l� Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) TOWN of NORTH ANDOVER ABUTTER LIST REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property., MAP PARCEL Name Address 47 151 Robert J. Burke Trust 0 Leydon Street North Andover, MA 01845 RH Harrington, Trustee page 4 of Abutters Properties Map Parcel Name Address 23 6-0160.2 Brea Jacobsen & Caitlin Clary 160 Kingston Street North Andover, MA 01845 23 6-0162.2 Madeline Gonzalez & Fabio Franco 162 Kingston Street North Andover, MA 01845 23 6-0164.2 Mark G. Kushakji 164 Kingston Street North Andover, MA 01845 23 6-0166.2 Edgar & Lauren Deleon 166 Kingston Street North Andover, MA 01845 23 6-0168.2 Lynne Geissler 168 Kingston Street North Andover, MA 01845 23 6-0170.2 James A. McEvoy, Trustee 170 Kingston Street North Andover, MA 01845 23 60 Robert A. & Nancy B. Norbedo 295 Rea Street North Andover, MA 01845 23 61 Harry A. & Deborah Bernheim 50 Cotuit Street North Andover, MA 01845 23 73 Nadine A. Johnson 48 Cotuit Street North Andover, MA 01845 23 74 Robert A. Norbedo 295 Rea Street North Andover, MA 01845 23 80-0001.0 Dolores Depiano, Trustee 59 Cotuit Street North Andover, MA 01845 23 80-0002.0 Daniel & Rachel A. Hill 57 Cotuit Street North Andover, MA 01845 23 81 Lucy G. Ciardiello & John J. Burke P.O. Box 2532 Natick, MA 01760 24 1 Joseph W. Jr., & Margaret A. Lynch 18 Cotuit Street North Andover, MA 01845 46 6 Stephanie L. Worthley c/o Kim J. Chang 47 Chickering Road North Andover, MA 01845 46 29 George H. & Ellen M. Schruender, Trstees 91 Quail Run Road North Andover, MA 01845 46 40 Diane Conserva 41 Chickering Road North Andover, MA 01845 46 96-0001.A Bruce E. Parker, Trustee 2 Village Green Drive North Andover, MA 01845 46 96-0002.AKeith M. Connors 4 Village Green Drive North Andover, MA 01845 46 96-0003.A Lisa A. Emmons 6 A Village Green Drive U:3 North Andover, MA 01845 46 96-0004.A Vivian Croteau 6 B Village Green Drive U:4 North Andover, MA 01846 46 96-0005.A Joanne LaVallee 6 C Village Green Drive U:5 North Andover, MA 01845 46 96-0006.A Rosemary K. Ellis 6 Village Green Drive U:D North Andover, MA 01845 46 96-0007.A Svetlana & Lilia Seifer & Vlad Yefim 8 Village Green Drive North Andover, MA 01845 46 96-0008.A Andrea L. Switzer 10 Village Green Drive U:8 North Andover, MA 01845 46 96-0009.8 Dhiren Bhatia 12 Village Green Drive North Andover, MA 01845 46 96-0010.13 Julie Hadley 14 Village Green Drive North Andover, MA 01845 46 96-0011.6 Kristen Eileen Havey 16 Village Green Drive North Andover, MA 01845 46 96-0012.6 Elizabeth J. Hopkins 18 Village Green Drive North Andover, MA 01845 46 96-0013.13 Karen Gray 20 Village Green Drive North Andover, MA 01845 46 96-0014.8 Cynthia R. Whiteman 22 Village Green Drive North Andover, MA 01845 46 96-0015.0 Jean M. Stinson 15 Village Green Drive North Andover, MA 01845 46 96-0016.0 Mae E. Berreman 13 Village Green Drive North Andover, MA 01845 46 96-0017.0 John Ross c/o Diana M. Cano 11 Village Green Drive U:17 North Andover, MA 01845 46 96-0018.0 Jeffrey S. Tierno 9 Village Green Drive North Andover, MA 01845 46 96-0019.0 Gary Schiff c/o Christian Martyn 7 Village Green Drive U:19 North Andover, MA 01845 46 96-0020.0 Allan & Kimberly Segal 5 Village Green Drive North Andover, MA 01845 46 96-0021.0 Barbara J. Fazio 3 Village Green Drive North Andover, MA 01845 This certifies that the names appearing on ft records of the Assessors Office as of Certified by: C7ata LSV Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) TOWN of NORTH ANDOVER ABUTTER LIST REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name 47 151 Robert J. Burke Trust RH Harrington, Trustee Abutters Properties Map Parcel Name 46 96-0022.0 Robert A. & Margaret T. Lanzoni 46 96-0023.13 Maicon T. & Danielle Grespan 46 96-0024.13 Colin L. Price 46 96-0025.13 Teresa M. Carpenter 46 96-0026.13 Gregg & Kimberly Griffin 46 96-0027.13 David Holden 46 96-0028.D Andrew & Amy Larocque 46 96-0029.13 Eileen Devlin 46 96-0030.13 James N. Mootrey Jr., Trustee 46 96-0031.E Anthony J. Tedesco, Trustee 46 96-0032.E Luz M. Munoz 46 96-0033.E Jeffrey P. Dumey 46 96-0034.E Petre & Roxana Daniela Minciunescu 46 96-0035.E Christopher R. Bums 46 96-0036.E Stephen & Karen Burke 46 96-0037.E Maureen Cormier 46 96-0038.E Edward F. Mahoney, Trustees 46 96-0039.F John J. Bettencourt Jr. 46 96-0040.F Florence Hubbard 46 96-0041.F Alysha Jessie Paulson 46 96-0042.F Charlotte E. Bloom LT, R.D. Bloom 46 96-0043.F Nelson T. Han 46 96-0044.F Victor M. & Thelma B. Medina 46 96-0045.F Melissa Duggan 46 96-0046.F Wells Fargo Bank NA c/o Shaul Arich 46 96-0047.G Christioan Schuettner 46 96-0048.G James McCauley & Laura Tobey 46 96-0049.G Daniel F. Schults 46 96-0050.G Frank J. & Mary F. Sambucco, Trustees 46 96-0051.G Judith D. Walker 46 96-0052.G Margaret Raso 46 96-0053.G Erin Michelle Grant 46 96-0054.G Ladislav Kis & Ivana Kisova 46 96-0063.M Scott R. Tassinari 46 96-0064.M Mark P. Nevans & Theresa M. Nevans LE 46 96-0065.M Demetra Pagiatakis c/o Steven Tufo 46 96-0066.M Nancy Spencer & Emily Fowler 46 96-0067.M Raju Metpelly Address 0 Leydon Street page 5 of t6 Address 1 Village Green Drive 17 Village Green Drive 19 Village Green Drive 21 Village Green Drive 23 Village Green Drive 25 Village Green Drive 27 Village Green Drive 29 Village Green Drive 31 Village Green Drive 33 Village Green Drive U:31 35 Village Green Drive 37 Village Green Drive 39 Village Green Drive U:34 41 Village Green Drive 43 Village Green Drive 45 Village Green Drive U:37 E 47 Village Green Drive U: 38 49 Village Green Drive 51 Village Green Drive 53 Village Green Drive 55 Village Green Drive 57 Village Green Drive 59 Village Green Drive 61 Village Green Drive 63 Village Green Drive 82 Jefferson Street 80 Jefferson Street 78 Jefferson Street U:49 78 A Jefferson Street 78 D Jefferson Street 78 Jefferson Street U:52 76 Jefferson Street 74 Jefferson Street 73 Jefferson Street U:63 75 Jefferson Street 62 Village Green Drive 60 Village Green Drive U:66 58 Village Green Drive North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 This certifies that the names appearing on the records of the Assessors Office as of 0!-6l-�.0%� Certifies' Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) TOWN of NORTH ANDOVER ABUTTER LIST REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property, MAP PARCEL Name 47 151 Robert J. Burke Trust RH Harrington, Trustee Abutters Properties Map Parcel Name 46 96-0068.M Lois Dinapoli, Trustee 46 96-0069.M Nichole Solari 46 96-0070.M �'� Diane R. Hessen 46 96-0071.E Lois C. Croft 46 96-00721 Jacqueline L. Harding 46 96-0073.E Michael Fuller c/o Joseph W. Kalil 46 96-00741 Robert L. Maclnnis 46 96-0075.L Geraldine E. & Tina B. Armeen 46 96-00761 JoEllen Bower 46 96-00771 Karen J. Tamberino 46 96-0078.L, George J. Puddister 46 96-0079.K Christine Robbins 46 96-0080.K April Vera 46 96-0081.K Yakov Yakirevich 46 96-0082.K Patricia M. Blackstock 46 96-0083.K Robert K. & Lee A. Cantanzano 46 96-0084.K June A. McAdam 46 96-0085.K Matthew & Colleen O'Shaughnessy 46 96-0086.K Pauline A. & William J. Dutra, Sr. 46 96-0087.K Robert C. Seely 47 26 John J. Burke, III 47 32 Wally Sabet 47 148 Seaport Homes LLC 47 149-0029.0 Mariela Ponce -Lopez 47 149-0031.0 Mitesh & Dimple Patel 47 150-0037.0 Sarah A. & Patrick M. Harrington JT 47 150-0039.0 Salehi-Ala Yamin, Manager Address 0 Leydon Street page 6 of 6 Address 56 Village Green Drive 54 Village Green Drive U:69 52 Village Green Drive 50 Village Green Drive 48 Village Green Drive 46 Village Green Drive 44 Village Green Drive 42 Village Green Drive 40 Village Green Drive U:76 38 Village Green Drive 36 Village Green Drive 34 Village Green Drive U:79 32 Village Green Drive U: 80 30 Village Green Drive 28 Village Green Drive 26 Village Green Drive 24 Village Green Drive 46 Walnut Street 22 Leydon Street 20 Leydon Street 14 Chickering Road 2 Walker Road U:8 19 Cotuit Street 29 Cotuit Street 31 Cotuit Street 37 Cotuit Street 32 Palomino Drive North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01846 North Andover, MA 01845 North Andover, MA 01845 Reading, MA 01867 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 This certifies that the names appearing on the records of the Assessors office as of Certified by:z � ate = /i-�D/� 00 R, \0 \\ o 3 )c o \\ R o»000 LUa) \ 2G C) 00 2- a 2 0> - 2 00 //6 Ne 0\ \\ 22] g pS 22 k M 7«\ ..&c ()E±� z k/\ j)\)\ W) �: 2\t o2u § 2 .. 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CL 00 <G 2a. 6 LL 66) § CaCLc /a7\\LL 3 , /=<=A w¥oo=a 80 = « 9 z & u§ ui LLe/o I ?/§ [ 0 j. j6 gj . \\� EE mpg ® q w u weg \ 02mca0o= 33% < Q �»- <L wo= ■ ==-M-a-0' ££G to,m#M] to \ =ez 3 ca e===u=Yw ± X77 \ §W\ % §_� o=@ w m±o e { s td \k2 D CL CL ° 3 ��\ f2/\ 3: Cc: a- w � 22 o0 7Mmb o oo« ««�_�� =�&o a m North Andover MIMAP August 18, 2016 #160 #39 #39 #'158 #35 #37 046f0 9032 #35#33 #33 #48 7 #31 046.0-0019 ` #44 #42 #34#30#42 #27 #28 � #25 #29 #40 #27 046.0-0031 4 #26 - #23 #38 07 #24 Sg 0000e,#23 #21#19 #36 #80 #79 w. 0 tK #20 023.0-0004 -- 19 O #13 #17 ell #73 #18 #11 046.0-0096 M QO #16 y,� #9 r') 046.0-0016 #14 #7 #34 s #12 "#5 #30 #1'S #3 046.0-0022 #5 #9#7#S #3#I 023.0-0006 p. #2s �L. X94` #75 /age #77 #20##22 ,/ Gree n #lp �r�ve-�-.,�. tee's #0 �� 046.0-002 #6 #22#20 ��0N r" #2 �'/1 #18 046.0-002 #14 #57 023.0-0080. 023..0-0081 #12 046.0-0029 023.0-0,46#57#59 #45 #10 #65. TOf� #8 046.0-0006 23.0-0056 _ - . �1 y1 #4 - #2 #41. \ 023.0-0065 047.0-0150 `1P 023.0-006130 046.0-0040 #60 #62 #50 #37 023.0-0079 023:0-0073 #48 #39 gs #51 00-0068 � 047.0-0032 046.0-0041 047.0-0149 125 #62 023.0 0\4 023.6-0060 '#29 #.297 �� 1149 #38#31 179 #54 023,0-0067 023.0-0074 ' V0.47.0-0148 #52023.0-0058 #41 \\O- /#46 #39 0 � #19 047.0-0025 023.0-0063 024.0-0001 023.0-007.2#44 / #18 S 047.0-0026 e^ #14 1 #309 / 0.0-0006 24\ / co y 60 ` le-, 023.0-007.1 1 #31 / #38� \ /024.0-0078 024.0-0074#3� 4.0=0007\ #29 #14 024.0-0002 047.0-0021 #2 .0-0079 024.0-0077 Z 024.0-0003 �� # #30 #21 #10 047.0-0020 [3 MVPC Bo 13 Municipal Boundary Horizontal Datum: MA Stateplane Coordinate System, Datum NAD83, -- Rail Lina Interstates wOltT/{ Meters Data Sources: The data for this map was produced by Merrimack Valley Planning Commission (MVPC) using data provided by the Town of - 1 - SR ( s�rro .� 4 �� �� North Andover. Additional data provided by the Executive Office of =. �$t i Environmental Affairs/MassGIS. The information depicted on this map is for It be Roads l Easements } planning purposes only. may not adequate for legal boundary definition or regulatory interpretation. THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ❑ Parcels # # * ' # THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THESE DATA THE TOWN OF NORTH ANDOVER DOES NOT Q Hydrographic Features o cur # ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF Streams - Wetlands Zs�,� ,asACiiN3tt THIS INFORMATION Q Exempt Lands 1" = 146 ft .�. h ' Bk 10811 Pg 274 #19605 Exhibit A BYLAWS: 29 — 31 HILLCREST FARMS CONDOMINIUM TRUST The provisions of this Exhibit A to 29 — 31 HILLCREST FARMS CONDOMINIUM TRUST shall constitute the Bylaws of 29 — 31. HILLCREST FARMS CONDOMINIUM TRUST, the organization of Unit Owners established by said Trust. 1. Powers and Duties of the Trustees The Board of Trustees shall have all powers necessary for administering the affairs of the Condominium as set forth in Massachusetts General Laws, Chapter 183A ("Condominiums"), hereinafter called "Chapter 183A," and they may do any and all acts necessary or desirable for the: administration of the affairs of the Condominium except only for such acts as may not, under law or under the provisions of the Master Deed or this Truss, be delegated to the Trustees by the Unit Owners. Such powers and duties of the Trustees shall include, but shall not be limited to, the: following: (a). operation, care, upkeep and maintenance of the common areas and facilities; (b): determination of the Common Expenses required for the affairs of the Condominium, including but not limited to the operation and maintenance of the common areas and facilities; (c) collection of the Common Expenses, from the Unit Owners; (d)� employment and dismissal of the personnel necessary or advisable for the maintenance and operation of the common areas and facilities; (e); subject to the provisions of Section 7 of these Bylaws, adopting, amending, and administering (including waiving) Rules and Regulations covering the details of the operation and use of the common areas and facilities; (fl : opening bank accounts on behalf of the Condominium, and, subject to the provisions hereof, designating the signatories required therefor; (g) leasing, managing and otherwise dealing with such facilities as may be provided for in the Master Deed as being common areas and facilities; (h) owning, conveying, encumbering, leasing and otherwise dealing with units conveyed to the Trust or purchased by it as a result of enforcing the lien for Common Expenses, or otherwise; 11 Bk 10811 Pg 275 #19605 (i) obtaining insurance for the Condominium, including the units, pursuant to the provisions hereof, (j} making repairs, additions and improvements to, or alterations or restoration of, the Condominium, in accordance with the other provisions of this Trust. (k): enforcing obligations of the Unit Owners, allocating income and expenses, and doing anything and everything else necessary and proper for the sound management of the Condominium; (1) subject to the provisions of Subsection (B) of Section 29 of these Bylaws, purchasing or leasing a Unit; (m} purchasing of units at foreclosure or other judicial sales; (n) organizing and maintaining corporations, trusts, or other entities to act as nominee of the Condominium in acquiring title to units on behalf of all Unit Owners under the provisions hereof; (o) conducting litigation as to any course of action involving the common areas and facilities or arising out of the enforcement of the Bylaws, Rules and Regulations, and Master Deed, and this Trust; and (p) granting permits, licenses and easements over the common areas and facilities for utilities and other purposes reasonably necessary or useful for the proper maintenance or operation of the Condominium project. 2. Common Expenses and Profits (a); Commencing on the date of the recording of the Master Deed, each Unit Owner shall be liable for Common Expenses and shall be entitled to common profits of the Condominium in the same proportion as his or her beneficial interest in this Trust bears to the aggregate beneficial interest of all the other Unit Owners. The Trustees may at any time or times distribute common profits among the Unit Owners in such proportions. The Trustees shall at all times establish and maintain an adequate reserve fund for the periodic maintenance, repairs and replacement of improvements to the common areas and facilities and those limited common areas that the Trust may be obligated to maintain.. Such reserve fund shall be funded by regular monthly assessments from regular assessments for Common Expenses and shall not be deemed to be common profits available for distribution. (b) In addition to the foregoing (and not in substitution thereof), to ensure that this Trust will have the funds to meet unforeseen expenditures or to purchase any additional equipment or services, a working capital fund kept in a segregated account shall be established equal 12 Bk 10811 Pg 276 #19605 to at least two (2) months' estimated common charges for each unit. Any amounts paid into this fund shall not be considered advance payments of regular assessments. Each unit's share of the working capital fund shall be collected at the time the sale of the unit is closed or at the time control of this Trust is transferred to the Trustees elected by Unit owners other than the Declarant, as set forth in Section III of this Trust, whichever occurs earlier. This provision can be waived by the Trustees by their mutual agreement. (c) In addition to the foregoing (and not in substitution thereof), the Trustees may, to such extent as they .deem advisable, set aside common funds of the Condominium as additional reserves and may use the funds so set aside for reduction of indebtedness or other lawful capital purposes, and, subject to the provisions of Section 4 of these Bylaws, for repair, rebuilding or restoration of the Condominium, or for improvements thereto, and for replacement of the common areas and facilities, and other proper contingencies. The funds so set aside shall not be deemed to be common profits available for distribution. (d) At least thirty (30) days prior to the commencement of each fiscal year of this Trust, the Trustees shall estimate the Common Expenses expected to be incurred during such fiscal year, together with reasonable provision for contingencies and reserves, and for the reserve funds mentioned in Subsection C of this Section 2 and, after taking into account any undistributed common profits from prior years, shall determine the assessment for Common Expenses to be made for such fiscal year. The Trustees shall promptly furnish copies of each budget on which such assessment is based to all Unit Owners and, if requested, to their mortgagees. The Trustees shall promptly render statements to the Unit Owners for the respective shares of such assessment, and each Unit Owner thereafter shall pay one -twelfth (1/12) of his or her share of the estimated Common Expenses monthly in advance on the first day of each month. The Trustees shall not be obligated to render monthly statements. In the event that, at any time and from time to time, the Trustees shall determine during any fiscal year that the assessment so made is less than the Common Expenses actually incurred or to be incurred, including but not limited to provisions for proper reserve funds, the Trustees shall make a supplemental assessment or assessments and render statements therefor in the manner aforesaid, and such statements shall be payable and take effect as set forth in such statements. The Trustees may, in their discretion, provide for payments of such supplemental assessment statements in monthly or other installments. The Trustees shall have the authority and the duty to levy and enforce the collection of general and special assessments for Common Expenses. With regard to the common areas of the driveway as depicted on plan, the Trustees shall determine the appropriate manner and method of maintenance regarding plowing, etc. (e) The amount of each such statement, for regular or supplemental assessments, together with interest thereon, if not paid when due, at a rate equal to six percent (6%) above the Bank of Massachusetts prime rate then in effect (but not more than nineteen percent (19%) per annum), together with all expenses, including attorney fees, incurred by the Trustees in any proceeding brought to collect such unpaid Common Expenses and assessments, shall constitute a lien on the unit of the Unit Owner assessed pursuant to the 13 Bk 10811 Pg 277 #1.9605 provisions of Section 6 of said Chapter 183A and Sections 5 and 5A of Chapter 254, as amended by 1987 Mass. Acts Chapter 338,1989 Mass. Acts Chapter 341, 1992 Mass. Acts Chapter 400 and 1993 Mass. Acts Chapter 1, and may be collected by the Trustees pursuant to said statutes. The Trustees shall take prompt action to collect any Common Expenses and assessments due from any Unit Owner that remain unpaid for more than thirty (30) days from the due date thereof, including but not limited to action under the provisions of Massachusetts General Laws Chapters 183A and 254, as amended by 1987 Mass. Acts Chapter 338, 1989 Mass. Acts Chapter 341, 1992 Mass. Acts Chapter 400 and 1993 Mass. Acts Chapter 1. In the event that the Trustees bring an action to foreclose a lien on any unit pursuant to said statute, the Unit Owner shall pay a reasonable sum for use and occupancy of his or her unit from the date of foreclosure until the Unit Owner vacates the unit (in such foreclosure action, the plaintiff shall be entitled to the appointment of a receiver to collect the same), but nothing in this sentence shall be deemed to grant any Unit Owner the right to remain in possession of his or her unit after such foreclosure. The Trustees, acting on behalf of all Unit Owners, shall have power to purchase such unit at the foreclosure sale and to acquire, hold, lease, mortgage (but not vote appurtenant to), convey or otherwise deal with the same. A suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing the same. In the event of any suit or foreclosure by the Trustees, the Trustees shall be entitled to interest at a rate equal to six percent (61/o) above the Bank of Massachusetts prime rate then in effect (but not more than nineteen percent (19%) per annum) and all costs of collection, suit and foreclosure, including attorney fees. In addition to the lien in favor of the Trustees for assessments for Common Expenses and assessments, such assessments shall also be the personal obligation of the Unit Owner at the time the assessment fell due. (f) The Trustees shall promptly provide any Unit Owner, or any Unit Buyer who has a duly executed Purchase and Sale Agreement for the acquisition of a unit, or any mortgagee, or the attorney of any such party, with a written statement of all unpaid Common Expenses due with respect to such unit, signed and acknowledged in proper form for recording, upon the written request of such Unit Owner or buyer or mortgagee or attorney. Notwithstanding anything to the contrary in this Declaration of Trust, including these Bylaws, such statements may be executed by any two (2) Trustees. Recording such statement in the Essex North District Registry of Deeds shall discharge the unit from any lien for any other sums unpaid not enumerated as of the date of such statement to the extent provided by said Chapter 183A. (g) The Trustees shall expend common funds only for common expenses and lawful purposes permitted hereby and by the provisions of said Chapter 183A. (h) Any first mortgagee who obtains title to a Condominium unit, pursuant to the remedies provided in its mortgage or foreclosure of its mortgage, will not be liable for such unit's unpaid dues, common charges, or assessments (including interest and costs of collection and legal fees relating to the collection thereof) that accrue prior to the acquisition of title to such unit by the Mortgagee, provided, however, that notwithstanding the foregoing, 14 Bk 10811 Pg 278 #19605 such first mortgagee shall be liable for such unit's unpaid common expenses, costs and attorney fees as provided in subsection (c) of Section 6 of Chapter 183A, as amended by 1992 Mass, Acts Chapter 400 and 1993 Mass. Acts Chapter 1. The lien for common expense assessments shall not be affected by any sale or transfer of a unit, except that a sale or transfer pursuant to a foreclosure of a first mortgagee shall extinguish a subordinate lien for assessments that became payable prior to such sale or transfer, provided, however, that the lien for common expense assessments shall be affected by the sale or transfer of a unit to the extent set forth in subsection (c) of Section 6 of Chapter 183A, as amended by 1992 Mass. Acts Chapter 400 and 1993 Mass. Acts Chapter 1. Any such delinquent assessments that were extinguished pursuant to the immediately preceding sentence may be reallocated and assessed to all units as a Common Expense. Any such sale or transfer pursuant to a foreclosure shall not relieve the purchaser or transferee of a unit for liability for, nor the unit from the lien of, any assessments made thereafter. 3. Insurance (a) The Trustees shall be required to obtain and maintain, to the extent obtainable, the following insurance (and to pay premiums thereon as a Common Expense): (i) fire insurance with extended coverage (covering other perils normally covered by the standard extended coverage endorsement) insuring all portions of the building, including the common areas and facilities of the Condominium, and all of the units and all of the fixtures installed therein on the date of recording the Master Deed, but not including carpeting, drapes, fixtures, furniture, furnishings, or other personal property supplied to or installed by Unit Owners, such insurance covering the interest of the Condominium, the Trustees and all Unit Owners and their mortgagees, as their interests may appear, in an amount equal to one hundred percent (100%) of current replacement cost of the building, common areas and facilities, and units, without deduction for depreciation, with loss payable to the Trustees, as Insurance Trustees for each Unit Owner and the holder of each unit's mortgage. The named insured shall be "the Trustees of The 29 — 31 Hillcrest Farms Condominium Trust, for the use and benefit of the individual Unit Owners and unit mortgagees." Such insurance shall also cover all other perils customarily covered with respect to projects similar in construction, location and use, including all perils normally covered by the standard "all risk" endorsement, where such is available; (ii) workers' compensation insurance if the Trustees shall have an employee or employees; (iii) comprehensive general liability insurance covering all common areas and facilities and any other areas under the supervision of the Trustees, in such amounts and with such coverage as the Trustees shall from time to time Bk 10811 Pg 279 #19605 determine, with a combined single limit for both personal injury, death and property damage, of not less than one million dollars ($1,000,000,00), but at least covering each member of the Trustees, the managing agent or the manager, if any, and each Unit Owner and with cross -liability endorsement to cover liabilities of the Condominium to a Unit Owner, and a severability of interest provision precluding the insurer's denial of a Unit Owner's claim because of negligent acts by this Trust or other Unit Owners; and (iv) such other insurance as the Trustees may determine. (b) All such policies shall provide that adjustment of loss shall be made by the Trustees and that the net proceeds thereof shall be payable to the Trustees as Trustee for each Unit Owner and the holder of each unit's mortgage. Each Unit Owner, by accepting delivery of his or her unit deed, appoints the Trustees as Insurance Trustees (or any Insurance Trustee or Substitute Insurance Trustee designated by the Trustees) as attorney-in-fact for the purpose of purchasing and maintaining such insurance, including the collection and appropriate disposition of the proceeds thereof the negotiation of losses and execution of releases of liability, the execution of all documents, and the performance of all other acts necessary to accomplish such purpose. The Trustees shall periodically reevaluate the amount of public liability insurance to be carried by them as set forth in clause (3) of this Section 3 to the end that the limits of such insurance shall not be less than the amounts specified in said clause (3), or not less than limits of such liability insurance as are carried by other Condominium Unit Owners' Associations in comparable condominiums in North Andover, Massachusetts, whichever is higher. (c) All such policies of physical damage insurance shall, insofar as practicable, contain waivers of subrogation as to any claim against the Trustees, their agents and employees, Unit Owners, their respective employees, agents and guests, and of any defense based on invalidity arising from the acts of the insured and shall provide that the insurance will not be prejudiced by any acts or omissions of individual Unit Owners that are not under the control of the Unit Owner's association, and shall provide that such policies may not be canceled or substantially modified without at least twenty (20) days' prior written notice to all of the insureds, including all Unit Owners and mortgagees of units. Recovery thereunder shall not be affected on account of the availability of proceeds under any policies obtained by individual Unit Owners covering their own units and shall include a Special Condominium Endorsement (so-called) or its equivalent. Agreed Amount, Inflation Guard and Construction Code endorsements shall be required if available. A certificate of insurance, showing the amount of insurance, shall be issued to the owners of each unit, and the original or a certificate thereof shall, upon request, be delivered to the mortgagee of each unit. The Trustees shall periodically obtain an independent appraisal of the full replacement value of all portions of the building, including all of the units and all of the common areas and facilities, and additions, alterations and improvements, without deduction for depreciation, for the purposes of determining the amount of fire and extended coverage insurance to be effected pursuant to this Section, and the amount 16 Bk 10811 Pg 280 #19605 of such insurance shall in no event be less than the full replacement value so as determined. (d) Subject to the provisions of Section 4 of these Bylaws, insurance proceeds received by the Trustees shall be held in trust in an identified and segregated fund for the benefit of the Unit Owners and all mortgagees of all units. if the cost of restoring the common areas and facilities, or any unit, is estimated by the Trustees to exceed the sum of one thousand dollars ($1,000.00), then the Trustees shall give written notice of such loss to all eligible Mortgage Holders and all eligible Insurers and Guarantors, as herein defined. (e) The cost of all such insurance obtained and maintained by the Trustees pursuant to the provisions of this Section 3 shall be a Common Expense of the Condominium. {i} : Any such insurance obtained and maintained by the Trustees pursuant to the provisions of this Section 3 may have a deductible amount to be determined from time to time by the Trustees (but in no event shall such deductible amount be greater than the lesser of five thousand dollars ($5,000.00) or one percent (1%) of the policy face amount), who shall simultaneously specify, in writing with notice to all Unit Owners, how and by whom the amount of the deductible shall be paid in the event of a loss. (g) All insurance obtained and maintained by the Trustees shall conform to applicable requirements of the Federal Home Loan Mortgage Corporation (' FHLMC') and the Federal National Mortgage Association ("FNMA"), so long as FHLMC or FNMA hold one or more mortgages on units in the Condominium or any interest therein. (h). Each Unit Owner may carry insurance at his or her own expense for his or her own benefit insuring, inter alia, his or her carpeting, drapes, fixtures, furniture, furnishings and other personal property. He or she may also carry insurance for personal liability and loss assessment coverage, provided that all such policies shall contain waivers of subrogation, and further provided that the liability of the carriers issuing insurance obtained by the Trustees shall not be affected or diminished by reason of any such additional insurance carried by a Unit Owner. Each Unit Owner shall promptly notify the Trustees of all improvements made by him or her to his or her unit the insurable replacement cost of which exceeds one thousand dollars ($1,000.00), and such Unit Owner shall pay to the Trustees as an addition to his or her share of the Common Expenses of the Condominium otherwise payable by such owner any increase in insurance premium incurred by this Trust that results from such improvement. (i) Nothing shall be done or kept in any unit or in the common areas and facilities that will increase the rate of insurance on the buildings or the contents thereof without the prior written consent of the Trustees, unless the Unit Owner responsible for such increase shall agree to pay the amount of such increase. 17 Bk 10811 Pg 281 #19605 4. Rebuilding and Restoration (a) In the event of damage to or destruction of the common areas and facilities as a result of fire or other casualty (unless Subsection 6 of this Section is applicable), or, in the event of damage to or destruction of any unit as a result of fire or other casualty, whether or not the common areas and facilities have been damaged or destroyed (unless Subsection 6 of this Section is applicable), the Trustees shall promptly adjust the loss, arrange for the prompt repair or restoration of the same, and disburse the proceeds of all insurance policies in payment of all costs and expenses actually incurred in connection with such repair or restoration in appropriate progress payments and with appropriate retainage. All insurance proceeds paid to the Trustees as Insurance Trustees on account of any casualty shall be dedicated first to the repair or restoration of the loss, and any application of said proceeds by the Trustees on account thereof shall be prior to the application of such proceeds for any other purposes. (b) In the event that the insurance proceeds are not sufficient to cover the cost of repairs to the common areas and facilities and the units, the proceeds will be first allocated to the cost of repairs to the common areas and facilities. The balance, if any, will go to the cost of repairs to the units in proportion to the cost of all repairs to the respective units as determined by the insurer or by independent appraisal. To the extent that the proceeds allocated as aforesaid are insufficient to cover the cost of repairs to the common areas and facilities, the balance of the cost of such repairs will be assessed against all Unit Owners as a Common Expense. To the extent that the proceeds allocated as aforesaid are insufficient to cover the cost of repairs to the units, the balance of the cost of such repairs to each unit will be assessed against all Unit Owners as a Common Expense. (c) Whenever the estimated cost of repair or restoration exceeds, as to any one casualty or occurrence, on the basis of an independent appraisal, the sum of twenty-five thousand dollars ($25,000.00), then the Trustees shall retain a registered architect or registered engineer, who shall not be, directly or indirectly, a Unit Owner or an employee or agent of any Unit Owner, or a Trustee or an employee or agent of any of the Trustees, or the manager, if any, or any employee or agent of such manager, to supervise the work of repair or restoration. No sums shall be paid by the Trustees on account of such repair or restoration except upon certification to them by such architect or engineer that the work for which payment is being made has been completed in a good and workmanlike manner in accordance with approved plans and specifications and that the estimated total cost of completion of said repair or restoration, less amounts theretofore advanced, does not exceed the undisbursed proceeds of insurance as augmented by finds obtained by any assessment or assessments levied or chargeable to the Unit Owners as a Common Expense. (d) The Trustees may perform emergency work essential to the preservation and safety of the Condominium, including all parts of the building and the common areas and facilities and the units, or the safety of persons, or required to avoid the suspension of any essential 18 Bk 10811 Pg 282 #19605 service to the Condominium, including all parts of the building and the common areas and facilities and the units, without having first engaged an architect or engineer, adjusted the loss or obtained proceeds of insurance. (e) Subject always to the prior rights of the Unit Mortgagees, if there shall have been a repair or restoration pursuant to the foregoing, and the amount of insurance proceeds shall have exceeded the cost of such repair or restoration, then the excess of such insurance proceeds, if any, shall be added to the Condominium's reserve fund or, at the option of the Trustees, divided among all the Unit Owners in proportion to their respective interests in the common areas and facilities. 5. Condemnation If more than ten percent (10%) in value of the Condominium is taken under the power of Eminent Domain, then the taking shalt be treated as a casualty loss, and the provisions of Section 4 of these Bylaws and the provisions of Chapter 183A, Section 17 shall apply. Where one or more units have been substantially altered or rendered uninhabitable as a result of a partial taking, and the Unit Owners vote to restore and continue the Condominium pursuant to Section 17 of said Chapter 183A, the Trustees shall have the authority to acquire the remaining portions of such units for such price as the Trustees shall determine, provided that any Unit Owner of such remaining portion who does not agree with such determination may apply to the Superior Court of Essex County, on such notice to the Trustees and the other Unit Owners as the Court shall direct, for an order directing the purchase of such remaining portion at the fair market value thereof as approved by the Court. Where, as a result of a partial taking, any unit is decreased in size or where the number of units is decreased by a partial taking, then the Trustees may make such provision for realignment of the percentage interest in the common areas and facilities as shall be just and equitable. In the event of a total or partial taking under the powers of eminent domain, the Unit Owners shall be represented by the Condominium acting through the Trustees. In the event of a partial taking, the award shall be allocated to the respective Unit Owners according to their undivided interest in the common areas and facilities, except as to such portion or portions of the award that are: attributable to direct or consequential damages suffered by particular units as determined by the: Court, which shall be payable to such Unit Owners or their mortgagees, as their interests may appear. Subject always to the prior rights of the Unit Mortgagees, in the case of a total taking of all units and the common areas and facilities, the entire award shall be payable to the Trustees to be distributed to the Unit Owners and their mortgagees in accordance with their respective percentage interests in the common areas and facilities. 6. Improvements Improvements to the common areas and facilities can be made if both unit owners agree and they shall assess the cost thereof to all Unit Owners as a Common Expense. 19 Bk 10811 Pg 283 #19605 7. Rules and Regulations (a) The Trustees have adopted the initial Rules and Regulations set forth on Exhibit B, which is annexed hereto and hereby incorporated herein by this reference and made a part hereof, governing the details of the operation and use of the common areas and facilities and containing such restrictions on, and requirements respecting the use and maintenance of, the common areas and facilities as are consistent with the provisions of the Master Deed and designed to prevent unreasonable interference with the use by the Unit Owners of the common areas and facilities. (b): The Trustees shall administer such Rules and Regulations. (c) The Trustees may at any time and from time to time amend, rescind and waive any or all such Rules and Regulations. (d); The Trustees may at any time and from time to time adopt other Rules and Regulations governing the details of the operation and use of the common areas and facilities and containing such restrictions on, and requirements respecting the use and maintenance of, the common areas and facilities as are consistent with the provisions of the Master Deed and designed to prevent unreasonable interference with the use by the Unit Owners of the common areas and facilities. 8. Meetings The Board of Trustees shall meet annually on the date of the Annual Meeting of the Unit Owners. Other meetings may be called by any Trustee, and in such other manner as the Trustees may establish, provided, however, that written notice of each meeting, shall be given at least five (5) days before such meeting to each member of the Board of Trustees. 9. Notices to Unit Owners Every notice to any Unit Owner required under the provisions hereof, or that may be deemed by the Trustees necessary or desirable in connection with the execution of the Trust created hereby or that may be ordered in any judicial proceeding, shall be deemed sufficient and binding if a written or printed copy of such notice shall be given by one or more of the Trustees to such Unit Owner by leaving such notice with him or her at his or her residence in the Condominium or by mailing it, postage prepaid, addressed to such Unit Owner at his or her address as it appears upon the: records of the Trustees, at least five (5) days prior to the date fixed for the happening of the matter, thing or event of which such notice is given, unless a different period for the giving of such notice is specified in these Bylaws. 20 Bk 10811 Pg 284 #19605 10. Inspection of Books; Reports to Unit Owners The Trustees shall keep detailed records of their actions, and financial records and books of account of the Condominium, including a chronological list of receipts and expenditures, as well as a separate account for each unit, which, among other things, shall contain the amount of each assessment of Common Expenses against such unit, the date when due, the amounts paid thereon, and the balance remaining unpaid. Copies of the Master Deed, this Trust and these Bylaws, Rules and Regulations, and floor plans of the building, as the same may be amended from time to time, shall be maintained at the office of the Trustees. All of the foregoing records, accounts and documents shall be available for inspection by Unit Owners, their authorized agents, and lenders, mortgagees, holders, insurers and guarantors of any mortgage on any unit at all reasonable times. "Available" shall mean available for inspection, upon request, during normal business hours or under other reasonable circumstances. The Trustees shall, as soon as reasonably possible, after the close of each fiscal year, or more often, if convenient to them, submit to the Unit Owners a report of the operation of the Trustees for such year, which shall include financial statements in such summary form and in such detail as the Trustees shall deem proper. Except in the case of fraud, committed by any Trustee, any person (other than a mortgagee or mortgage insurer or guarantor) who has been furnished with such report and shall have failed to object thereto by notice in writing to the Trustees, given by registered or certified mail within a period of sixty (60) days of the date of receipt by him or her, shall be deemed to have assented thereto. The holders of fifty-one percent (51 %) or more of first mortgages shall be entitled to have an audited statement prepared at their expense within a reasonable time if one is not otherwise available. 11.: Checks and Notes Checks, drafts and other instruments for the payment of money drawn or endorsed in the names of the Trustees or of the Trust must be signed by both Trustees or by any person or persons (who mai be one of the Trustees) to whom such power may, at any time or from time to time, be designated by all of the Trustees. All vouchers for the payment of any Common Expense shall be approved by not less than three (3) Trustees in each instance. 12.: Seal The Trustees may, at any time or from time to time, at their discretion, adopt a seal circular in form bearing the name of this Trust and the year in which this instrument was recorded in the Registry of Deeds, or a common or wafer seal, which shall be valid for all purposes. 13� Fiscal Year The fiscal year of the Trust shall be the calendar year or such other date as may from time to time be determined by the Trustees. 21 Bk 10811 Pg 285 #19605 14.: Management; Employees The Trustees may employ for the condominium a managing agent and a manager at the corppensation established by the Trustees, to perform such duties and services as are customarily and usually performed by Condominium property managers in the Merrimack Valley area. Notwithstanding anything to the contrary herein, any agreement for professional management of the. Condominium shall provide that the management contract may be terminated without cause and without payment of a termination fee or penalty on ninety (90) days' written notice or less, and the term of any such contract shall not exceed three (3) years, except that the term of any such contract entered into at any time during the term of the Initial Board of Trustees shall not exceed six (6) months. 15. Use of Units (a) No unit shall be occupied for nonresidential purposes, nor by more than one (1) family per unit nor more than three (3) unrelated persons per unit, provided, however, that any of the units may also be used as an office and/or artist's studio, but only accessory to such residential use and only if and to the extent such accessory office and/or artist's studio use is permitted by applicable zoning laws. So long as any unit mortgage or interest therein is held by the Federal National Mortgage Association ("FNMA"), no nonresidential space that is part of the Condominium may constitute, in FNMA's judgment, an inordinate amount of space devoted to nonresidential purposes. (b) If any unit or units are used for office and/or artist's studio purposes accessory to such residential use as set forth in Subsection A hereof, no signs or advertising shall be displayed on the exterior of the unit or units so used or in any part of the common areas or in or upon any part of the Condominium except for a nameplate on the mailbox, which shall be no larger than the nameplate slot on such mailbox. The visitation of business associates, clients and the general public with respect to such office use shall be substantially infrequent, and not more than one employee who is not a resident of any unit in the Condominium shall be employed therein (in addition to the resident of the unit being used for accessory office use). (c) Each Unit Owner shall be obligated to maintain his or her own unit and appurtenances thereto in good order and repair. 16. Use of Common Areas and Facilities A Unit Owner shall not place or cause to be placed in the common areas and facilities any furniture, packages or objects of any kind. The stairways shall be used for no purpose other than for.normal transit through them. 22 Bk 10811 Pg 286 #19605r 17. Attorneys, Accountants, Appraisers The Trustees may, but need not, engage the services of attorneys, accountants, appraisers, architects, engineers, and other professionals in connection with their duties as such Trustees, upon the payment of such fees and upon such other terms and conditions as the Trustees shall decide, and such fees and other expenses in connection with such employment shall be Common Expenses of the Condominium. In the absence of fraud, the Trustees shall be protected in reasonably relying upon the opinion of such attorneys, accountants, appraisers, architects, engineers, or other professionals engaged by the Trustees pursuant to their duties as such Trustees. 18.: Electricity, Gas, Other Utilities Electricity and Gas shall be supplied by the public utilities servicing the area in which the Condominium is located, directly to each unit through separate meters. Each Unit Owner shall be required to pay all bills and assessments for electricity, gas and other utilities, if any, consumed or used in his or her unit. 19. Violations by Unit Owners The violation of any rule or regulation adopted by the Trustees, or the breach of any of these Bylaws, or the breach of any provisions of the Master Deed or of this Trust or for the offending Unit Owner's Unit Deed shall give the Trustees the right, in. addition to any other rights set forth in these Bylaws, to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, or both, the continuance of any such breach. In addition to the foregoing, and not in substitution therefor, the Trustees shall have the power to levy fines against Unit Owners for such violations. No fine may be levied for more than twenty-five dollars ($25.00) for any one violation, but each day a violation continues after notice shall be considered a separate violation. Collection of fines may be enforced against the Unit Owner or Unit Owners involved as if the fines were Common Expenses owed by the particular Unit Owner or Unit Owners. In the case of persistent violations by a Unit Owner, the Trustees shall have the power, after notice and a hearing pursuant to Section 34 hereof, to require such Unit Owners to post a bond to secure adherence to said Rules and Regulations, Bylaws, Master Deed, this Trust, or said Unit Deed. 2U. Violation of Law No noxious or unlawful activity shall be carried on in any unit or in the common areas and facilities nor shall anything be done therein, either willfully or negligently, that may be or become unreasonably annoying to the other Unit Owners or occupants. No Unit Owner shall make or permit any disturbing noises by himself or herself, his or her family, guests, agents, servants, employees, licensees, or tenants, nor do or permit anything by such persons that will unreasonably interfere with the rights, comforts or conveniences of other Unit Owners or occupants. 23 Bk 10811 Pg 287 #19605 21. Maintenance and Repairs (a) All maintenance and replacement of and repairs to any unit, ordinary or extraordinary other than to the common areas and facilities contained therein not necessitated by the negligence, misuse or neglect of such Unit Owner, and to the doors and windows, and to electrical, plumbing, and heating fixtures within the unit or belonging to the Unit Owner that are not a part of the common areas and facilities, and the washing of exterior glass of his or her unit shall be done by the Unit Owner at the Unit Owner's expense, excepting as otherwise specifically provided herein. Each Unit Owner shall be responsible for all damage to any and all other units and to the common areas and facilities that his or her failure so to do may engender. (b) All maintenance, and replacements of and repairs to the common areas and facilities as defined in the Master Deed, and all maintenance, and replacement of and repairs to the exterior walls of the building and to structural parts of the building and the painting and decorating of the exterior doors of the building and exterior window sash, shall be made by the Trustees and shall be charged to each of the Unit Owners as a Common Expense, except to the extent that the same are necessitated by the negligence, misuse or neglect of a Unit Owner, in which case such expense shall be charged to such Unit Owner. 22.; Right of Access Subject to the provisions of said Chapter 183A, Section 4, Clause (2), the Trustees in their capacities as such, and any manager engaged by them, and any persons authorized by the Trustees or such manager, shall have a right of access to all units in the Condominium, at any time in case of emergency, and at all other times during reasonable times by prior appointment with each Unit Owner, for the purpose of making inspections or repairs to either the unit to which such persons seek access, or to another unit, or to any part of the common areas and facilities. 23. Household Pets Unit owners shall be allowed to keep no more than 2 cats and/or one dog. If the pet creates excessive noise, is allowed to be outdoors except on a leash, or in any way creates a disturbance, the. Trustees may order that the pet be removed from the Condominium, and the Owner of the pet shall immediately comply with such request. Each owner shall hold the Trustees and each of the other Unit Owners and their respective agents and employees harmless against loss, liability, damages or expense for any actions of his or her pet(s) within the Condominium. 24.E Structural Integrity Nothing shall be done or maintained in any unit or in the common areas and facilities that will impair the structural integrity of any part of the building of the Condominium. 24 Bk 10811 Pg 288 #19605 25 No Alterations Neither the exterior of any unit nor the common areas and facilities nor the stairways shall be altered, constructed, removed, decorated or painted in any manner except with the written corisent of the Trustees. Any Unit Owner is free to decorate the interior of his or her unit in any manner as he or she sees fit without requiring the consent of the Trustees so long as such decorations do not alter the structure of the unit or the building. 26.. Signs Except only as set forth in Subsection 2 of Section 15 ("Use of Units) of the Bylaws of this Trust, no business, professional, commercial or other signs, whether designed for profit, altruism or otherwise, shall be maintained or permitted on any part of the property, nor shall any "For Sate," "For Rent," or "For Lease" sign be permitted thereon except by the Declarant during such time as the Declarant owns one or more units in the Condominium and except for any Mortgagee who may become the owner or Mortgagee in possession of any unit, but in no event shall any such sign be larger than two (2) square feet. 27.' Combustible Materials No Unit Owner shall permit or suffer to be kept at any time any flammable, combustible or explosive fluid or substance on the property of the Condominium or in his or her unit except for such lighting and cleaning fluids as are customary for residential use. 28. Safety Each Unit Owner assumes complete responsibility for the safety of himself or herself, his or her family, guests, agents, servants, employees, licensees and tenants while such persons are in his or her unit, or any other unit or in the common areas and facilities of the Condominium. 29. Sale of Units (A) No Severance of Ownership No' Unit Owner shall execute any deed, mortgage, or other instrument conveying or mortgaging title to his or her unit without including therein the Appurtenant Interests (as hereinafter defined), it being the intention hereof to prevent any severance of such combined ownership. Any such deed, mortgage, or other instrument purporting to affect one or more of such interests, without including all such interests, shall be deemed and taken to include the interest or interests so omitted, even though the latter shall not be expressly mentioned or described therein. No part of the: Appurtenant Interests of any unit may be sold, transferred, or otherwise disposed of, except as part of a sale, transfer, or other disposition of the unit to which such interests are appurtenant, or as part of a sale, transfer, or other disposition of such part of the Appurtenant Interest of all units. As used herein, "Appurtenant Interests" shall include 25 Bk 10811 (i): the undivided interest of a Unit Owner in the common areas and facilities; (ii): the interest of such Unit Owner in any other assets of this Trust; and (iii) any exclusive rights and easements set forth in Paragraph (3) of the Master Deed. (B) Payment of Assessments Pg 289 #19605 Notnit Owner shall convey, mortgage, pledge, hypothecate, sell or lease his or her unit unless and until he or she shall have paid in full to the Trustees all unpaid Common Expenses, theretofore assessed by the Trustees against his or her unit and until he or she shall have satisfied all unpaid liens against such unit. This paragraph shall not apply to any first mortgagee of any unit. 30 Tenants Any Unit Owner may lease or rent his or her unit, subject, however, to the following conditions: (A) Any lease or occupancy agreement shall: (i) be in writing and apply to the entire unit and not merely a portion thereof; (ii) be for a term of at least twelve (12) months; (iii) expressly provide that the lease or occupancy agreement shall be subject in every respect to the Master Deed of the Condominium, the Declaration of Trust of the Condominium Trust, and the Bylaws and Rules and Regulations thereof, as the same have been amended most recently prior to the execution of the lease or occupancy agreement; (iv) contain the following notice, in capital letters, double spaced: M'ORTANT CLAUSE: "THE .APARTMENT UNIT BEING LEASED [RENTED] UNDER THIS LEASE (OCCUPANCY AGREEMENT] IS LOCATED IN A CONDOMINIUM BUILDING --NOT A RENTAL APARTMENT HOUSE. THE CONDOMINIUM BUILDING IS OCCUPIED BY THE INDIVIDUAL OWNERS OF EACH APARTMENT (EXCEPT FOR CERTAIN APARTMENTS, SUCH AS THIS ONE, WHICH ARE BEING OCCUPIED BY TENANTS). THE TENANT UNDERSTANDS THAT HIS OR HER NEIGHBORS IN THE BUILDING ARE 26 Bk 10811 Pg 290 #19605 (EXCEPT AS AFORESAID) THE OWNERS OF THE HOMES THEY OCCUPY AND NOT TENANTS LIVING IN A RENTAL APARTMENT HOUSE. THE TENANT, BY SIGNING THIS LEASE [OCCUPANCY AGREEMENT] ACKNOWLEDGES THAT HE OR SHE HAS BEEN FURNISHED WITH A COPY OF THE MASTER DEED OF THE CONDOMINIUM, THE DECLARATION OF TRUST OF THE CONDOMINIUM TRUST AND THE BYLAWS AND RULES AND REGULATIONS THERETO AND THAT HE OR SHE HAS READ AND UNDERSTANDS THE SAME AND THAT HE OR SHE WILL BE EXPECTED TO COMPLY IN ALL RESPECTS WITH THE SAME. THE TENANT UNDERSTANDS THAT IN THE EVENT OF ANY NONCOMPLIANCE, THE TENANT MAY BE EVICTED BY THE TRUSTEES OF THE CONDOMINIUM TRUST (WHO ARE ELECTED BY THE UNIT OWNERS), IN ADDITION, THE TENANT MAY HAVE TO PAY FINES, PENALTIES AND OTHER CHARGES; AND THE PROVISIONS OF THIS CLAUSE TAKE PRECEDENCE OVER ANY OTHER PROVISION OF THIS LEASE [OCCUPANCY AGREEMENT];" and (v) Any failure by the tenant to comply in all respects with the provisions of the Master Deed of the Condominium, the Declaration of Trust of the Condominium Trust and the Bylaws and Rules and Regulations thereto shall constitute a material default in the lease (occupancy agreement). In the event of such default, the Trustees of the Condominium Trust shall have the following rights and remedies against both the Unit Owner and the tenant, in addition to all other rights and remedies that the Trustees and the Unit Owners (other than the owner of the affected unit) have or may in the future have, against both the owner of the affected unit and the tenant. All rights and remedies of the Trustees and the Unit Owners (other than the owner of the affected unit) are deemed at all times to be cumulative and not exclusive as follows: (a) The Trustees shall have the right to give written notice of the default to both the tenant and the Unit Owner. Said notice shall be deemed properly given if left in any part of the unit addressed to the tenant, and mailed, postage prepaid, registered or certified mail, return receipt requested, addressed to the owner of the unit as such address then appears on the records of Trustees or by delivering said notice in hand or by delivering said notice in any other manner permitted by law. (b) If the default continues for five (5) days after giving said 27 Bk 10811 Pg 291 #19605 notice, then the Trustees shall have the right to levy fines against the owner of the affected unit in accordance with the provisions of Section 20 of the Bylaws and terminate the tenancy by giving notice in writing to quit to the tenant in any manner permitted by law, in the name of the landlord (Unit Owner) or in the name of the Trustees, or both. In case of a tenancy at will, the time of such notice shall be sufficient if it equals the interval between the days of rent payment or thirty (30) days, whichever is longer. In case of a lease, seven (7) days' notice shall be sufficient. In either event, a copy of such notice to quit shall be delivered or mailed to the landlord (Unit Owner) in the manner set forth hereinabove. Thereafter, the Trustees may initiate and prosecute a summary process action against the tenant under the provisions of Chapter 231 in the name of the landlord or in the name of the Trustees, or both. (c) The Trustees shall be entitled to levy a fine or fines, or give a notice or notices to quit followed by a summary process action or actions. The Trustee's may elect to pursue any of the foregoing remedies, either at the same time, or in the event of any further default. (d) All of the expenses of the Trustees in giving notice and notices to quit and maintaining and pursuing summary process actions and any appeals therefrom shall be entirely at the expense of the owner of the affected unit. Such costs and expenses may be enforced and collected against the Unit Owner and unit as if the same were Common Expenses owed by the unit or Unit Owner. (B) (i) The Unit Owner shall make reasonable efforts, at his or her expense and upon his or her initiative to inform rental agents of the provision of this section and shall, at his or her own expense, and upon his or her own initiative, furnish copies of the Condominium documents to the tenant and cause the lease or occupancy agreement to be prepared in conformity with the provisions of this Section. (ii) Any renewal or extension of any lease or occupancy agreement shall be subject to the prior written approval of the Trustees in each instance. Such approval shall not limit any rights or remedies of the Trustees or Unit Owners in the event of a subsequent default. (iii) A true copy of the lease or occupancy agreement shall be delivered to the 28 Bk 10811 Pg 292 #19605 Trustees forthwith upon its execution. (iv) The provisions of this Section shall take precedence over any other Section in the lease or occupancy agreement. (v) Notwithstanding anything to the contrary herein and notwithstanding any custom, law, or usage to the contrary, it is expressly understood and agreed that neither the Trustees nor the Unit Owners shall ever bear any personal or individual responsibility with respect to said lease or occupancy agreement. (vi) Every lease or occupancy agreement shall have, attached thereto, and incorporated therein by reference, a copy of this Section. Notwithstanding anything to the contrary in this Section, it is expressly understood and agreed that the provisions of this Section 30 shall not apply to the Declarant nor to any first mortgagee in possession of a unit following default by the Unit Owner in his or her mortgage or holding title to a unit by virtue of a mortgage foreclosure proceeding or deed or other agreement in lieu of foreclosure. 31: Nondiscrimination Notwithstanding anything to the contrary herein, no part of this Trust or these Bylaws or the Rules and Regulations now or hereafter adopted or promulgated (including but not limited to the provisions of Section 30) shall ever be deemed to prevent, restrict, discourage, or hinder, in fact, in any manner whatsoever, the alienation, conveyance, mortgage, purchase, sale, rental, lease, license, use, or occupancy of units or any negotiations in connection therewith because of race, religion, creed, color, national origin, sex, sexual preference, age, ancestry, marital status, blindness, status as a veteran or member of the armed services, membership in any ethnic group, or by reason of the fact that children will occupy such unit, receipt of public assistance, or, in addition to the foregoing, by any reason whatsoever prohibited by any federal, state, county or municipal law. 32. Percentage of Unit Owners Whenever the term "Percentage of Unit Owners" or "Percentage of Units" is used in this instrument, it shall mean the owners of the specified percentage in the aggregate in interest of the undivided ownership in the common areas and facilities of the Condominium. 33. Protection of Mortgagees; Federal Home Loan Mortgage Corporation; Federal National Mortgage Association A. Definitions (i) : The term "FHLMC" means Federal Home Loan Mortgage Corporation. 29 y Bk 10811 Pg 293 #19605 (ii): The term "FNMA" means Federal National Mortgage Association. (iii) The term "eligible Mortgage Holder" means a holder of a first mortgage on a unit who has requested notice of certain matters from this Trust as set forth in these Bylaws. (iv) The term "eligible Insurer or Guarantor" means an insurer or governmental guarantor of a first mortgage who has requested notice of certain matters as set forth in these Bylaws. (v): The term "Constituent Documents" means, collectively, the Master Deed, this Trust and the Bylaws and Rules and Regulations thereto and the Master Plans. A Prohibitions Notwithstanding anything to the contrary in the Constituent Documents: (i) There shall be no restriction upon any Unit Owner's right of ingress or egress to his or her unit, which right shall be perpetual and appurtenant to the ownership of the unit. (ii): There shall be no restriction on the right of a Unit Owner to sell, transfer or otherwise convey his or her unit. There shall be no "right of first refusal" so-called or any similar restriction. (iii) There shall be no restriction on the right of any Unit Owner to mortgage or otherwise encumber his or her unit. (iv) The Condominium shall not be subject to "expansion" or "phases," so-called. (v)'. Prior to the passage of control of this Trust to consumer unit purchasers, no contract or lease (including management contracts) shall be entered into unless this Trust is provided with a right of termination of any such contract or lease with or without cause, exercisable without penalty at any time after transfer of control, upon not more than 90 days' notice to the other party thereto. (vi) The Constituent Documents shall not be amended or modified if the result of any such amendment or modification would: (a) add a "right of first refusal" so-called, or (b) permit an addition or expansion to the Condominium project in which sections or phases are established. C. Rights of Eligible Mortgage Holders and Eligible Insurers or Guarantors Notice of Action: Upon written request to this Trust identifying the name and address of the 30 Bk 10811 Pg 294 #19605 mortgage holder, insurer or guarantor and the unit number or address, any first mortgagee and any such eligible Mortgage Holder or eligible Insurer or Guarantor will be entitled to timely written notice of: (i) ' any condemnation loss or any casualty loss that affects either a material portion of the project or any unit on which there is a first mortgage held, insured, or guaranteed by such eligible mortgage holder or eligible insurer or guarantor, as applicable; (ii) any delinquency in the payment of assessments or charges owed, or default in the performance by the borrower of any obligation under the Condominium Constituent Documents, by an owner of a unit subject to a first mortgage held, insured or guaranteed by such first Mortgage Holder or eligible holder or eligible Insurer or Guarantor, which remains uncured for a period of 60 days; (iii) any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Trust; and (iv) any proposed action that would require the consent of a specified percentage of eligible mortgage holders. D. Amendment to Documents (i) Where Unit Owners are considering termination of the legal status of the project for reasons other than substantial destruction or condemnation of the property, the consent of owners of units to which one hundred percent (100%) of the votes in this Trust are allocated and the approval of eligible Mortgage Holders representing at least sixty-seven percent (67%) of the votes of the mortgaged units shall be required to terminate the legal status of the project as a Condominium. (ii) The consent of the owners of units to which at least seventy-five percent (75%) of the votes in this Trust are allocated, and the approval of at least fifty-one percent (51%) of the eligible Mortgage Holders (based on one vote for each unit subject to a mortgage held by an eligible Mortgage Holder), shall be required to add or amend any material provisions of the constituent documents of the project, which establish, provide for, govern or regulate any of the following: (a) voting rights; (b) assessments, assessment liens or subordination of such liens; (c) reserves for maintenance, repair and replacement of the common areas; (d) insurance or fidelity bond requirements; (e) rights to use the common areas; 31 Bk 10811 Pg 295 #19605 (f) responsibility for maintenance and repairs; (g) expansion or contraction of the project or the addition, annexation or withdrawal of property to or from the project; (h) definitions of unit boundaries; (i) interests in the general or limited common areas; 6) convertibility of units into common areas or of common areas into units; (k) leasing units; (1) reallocation of interests in the general or limited common areas or rights to their use; (m) a decision by the Trust to establish self-management when professional management had been required previously by an eligible Mortgage Holder; (n) imposition of any restrictions on a Unit Owner's right to sell or transfer his or her unit; (o) restoration or repair of the project (after hazard damage or partial condemnation) in a manner other than that specified in the Condominium Constituent Documents; (p) any action to terminate the legal status of the project after substantial destruction or condemnation occurs; or (q) any provisions that are for the express benefit of Mortgage Holders, eligible Mortgage Holders or eligible Insurers or Guarantors of mortgages on units. An addition or amendment to such documents shall not be considered material if it is for the purpose of correcting technical errors or for clarification only. An eligible Mortgage Holder who receives a written request to approve additions or amendments that are not material who does not submit a response to the requesting party withinthirty (30) days after the request is made shall be deemed to have approved such request. Additionally, if specifically provided by any applicable FNMA regulation, implied approval of any addition or amendment may be assumed when an eligible Mortgage Holder fails to submit a response to any written proposal for an amendment within 30 days after the proper notice of the proposal is received, provided the notice has been delivered to the Mortgage Holder by certified or registered mail, return receipt requested. This clause (iii) 0A, Bk 10811 Pg 296 #19605 shall not apply to FHLMC. E. Right of Action This Trust and any aggrieved Unit Owner shall have a right of action against Unit Owners for failure to comply with the provisions of this Trust and the Bylaws and Rules and Regulations thereto, the Master Deed, the Master Plans and each unit deed and unit plan, and with decisions of the Trustees of this Trust. Each Unit Owner shall have a similar right of action against this Trust. Any such action may be brought in any court of competent jurisdiction. F. First Mortgagee Obtaining TWO Except as otherwise provided in Chapter 183A, any first mortgagee who obtains title to a Condominium unit pursuant to the remedies provided in the mortgage or foreclosure of the mortgage will not be liable for such unit's unpaid dues or charges that accrue prior to the acquisition of title to such unit by the mortgagee. G Additional Prohibitions Except as provided by statute in case of condemnation or substantial loss to the units and/or common elements of the Condominium project, unless at least two-thirds of the first mortgagees (based upon one vote for each first mortgage owned) or owners (other than the sponsor, developer or builder) of the individual Condominium units have given their prior written approval, this Trust shall not be entitled to: (i) By act or omission, seek to abandon or terminate the Condominium project; (ii): Change the pro rata interest or obligations of any individual Condominium unit for the purpose of (1) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards or (2) determining the pro rata share of ownership of each Condominium unit in the common elements; (iii) Partition or subdivide any Condominium unit; (iv) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the common elements. (Granting easements for public utilities or for other public purposes consistent with the intended use of the common elements by the Condominium project shall not be deemed a transfer within the meaning of this clause); (v) Use hazard insurance proceeds for losses to any Condominium property (whether to units or to common elements) for other than the repair, replacement or reconstruction of such Condominium property; (vi) No provisions of the constituent documents shall give any Unit Owner or Owners or any other party or parties priority over any rights of first mortgagees of Condominium units 33 Bk 10811 Pg 297 #19605 pursuant to their mortgages in the case of a payment to Condominium Unit Owners of insurance proceeds or condemnation awards for losses to or taking of Condominium units and/or common areas and facilities. H. `Vote or Consent The right of any Unit Owner to vote or grant or withhold any consent or exercise any rights pursuant. to the provisions of this Trust or the Master Deed may be assigned to or restricted in favor of any mortgagee. The Trustees shall be bound by such assignment or restriction, provided, however, that such assignment or restriction'does not conflict with the provisions of said Chapter 183A and that the mortgagee has notified the Trustees of such assignment or restriction in writing. L Information The Trust shall promptly deliver the following information, in writing, to any mortgagee, mortgage holder, mortgage servicer, FHLMC or FNMA, requesting same, without expense to the requesting party: (i) notification of any default in the performance by the individual unit borrower of any obligation under the Condominium Constituent Documents that is not cured within sixty (60) days; (ii) a written certification as to whether the owner of any unit encumbered by a mortgage held or serviced, in whole or in part, by the requesting party, is more than one (1) month delinquent in the payment of Condominium common area charges or assessments; (iii) written certification as to the percentage of Unit Owners who are more than one (1) month delinquent in paying Condominium common area charges or assessments; and (iv) a statement to the best of the Trust's knowledge as to the percentage of units that have been sold and conveyed to bona fide purchasers (who have closed or who are legally obligated to close) and the percentage of units that are occupied by individual Unit Owners as their primary year-round residence. I FHLMC; FNMA The provisions of this Section 33 are set forth so that the Condominium will comply with the requirements of FHLMC and FNMA, and the provisions of this Section 33 shall be construed and interpreted in accordance with that intention. Notwithstanding anything to the contrary in the Constituent Documents, the provisions of this Section 33 shall at all times take precedence over all other provisions in the Constituent Documents, and this Section 33 shall not be amended or modified without the express prior written consent of FHLMC and FNMA, except as expressly 34 I Bk 10811 Pg 298 #19605 provided in the immediately following sentence. In the event that, at any time and from time to time, applicable Rules and Regulations of FHLMC or FNMA are changed or modified, then and in any such event or events, the prohibition contained in the immediately foregoing sentence shall be deemed to be changed and modified tue to Dope nts shall compermit the ely nt with suchand e ch or the_ Constituent Documents so that the Cons or modified Rules and Regulations of FH LMC or FNMA, or both. 35 Bk 10811 Pg 299 #19605 Exhibit B Exhibit B is hereby incorporated into and made a part of the Bylaws of 29 — 31 EMLCREST FARMS CONDOMINIUM. RULES AND REGULATIONS OF 29 -- 31 HILLCREST FARMS CONDOMINIUM TRUST I. )Vo Obstruction of Common Areas and Facilities No: one shall unreasonably obstruct any part of the common areas, facilities or hallways, without prior consent of the Trustees. 2. No Articles in Common Area No: clothes, sheets, blankets, laundry or other articles shall be hung out of a unit or exposed on any part of the common areas and facilities. 3. Toys, Baby Carriages, Etc. No: baby carriages, toys, playpens, bicycles, velocipedes, benches, chairs or other articles shall be placed on any part of the common areas and facilities except when such articles are in actual use by a Unit Owner, or his or her family or guests. 4. No Liability for Personal Property of Unit Owners All personal property of the Unit Owners or any other occupant of a unit, whether in the units, in the! common areas and facilities, in the Parking Spaces or elsewhere on the Condominium property, shall be kept therein at the sole risk and responsibility of the respective Unit Owner or occupant, and the Trustees shall have no responsibility therefor. S. Radios, Phonographs, Musical instruments The volume of television sets, radios, computers, phonographs, high fidelity sound reproduction devices, musical instruments, etc., shall not be operated in any manner that would creates ex6essive noise or in any way become a nuisance. Notwithstanding anything contained herein, such volume shall be deemed to create excessive noise and become a nuisance if it can be heard in any other unit between the hours of 11:00 p.m. and 7:00 a.m. 6. No Offensive Activity No noxious or offensive activity shall be carried on in the common areas and facilities, nor shall anything be done therein either willfully or negligently that may be or become an annoyance or nuisance to the other Unit Owners or occupants. No Unit Owner shall do or permit anything to 36 CI V)^ Bk 10811 Pg 300 #19605 be done by his or her family, servants, employees, agents or visitors that will interfere with the rights, comforts or conveniences of other Unit Owners or occupants. No public hall shall be decorated or furnished by any Unit Owner in any manner. 7. Trash All garbage and trash must be placed in the proper receptacles designed for refuse collection, and no garbage or trash shall be placed elsewhere in any of the common areas and facilities. 8. Exterior Apparatus Under no circumstances shall any air-conditioning apparatus, television or radio antennas, clothes line, clothes rack or any other such device, or other items, be installed on the exterior of any unit, or on the common areas and facilities or be permitted to be hung out of a unit. Notwithstanding anything contained herein, window type air-conditioning units may be placed in the: window of any unit, so long as the same does not unreasonably interfere with any of the other Unit Owners. 9. Damage Any damage to any building, equipment or common areas and facilities caused by a Unit Owner or such Unit Owner's family, visitor, or pet shall be repaired at the expense of the Unit Owner. 10.- Doors Unit doors opening into public halls and building entry doors shall be kept locked and secured at all times except when actually in use. 11.= Reasonable Maintenance Unit owners shall maintain, care and upkeep the exterior of their unit, including landscaping, in a reasonable and attractive manner. 37 ek 1 919 P.S10 -15469 07-21-2014 a 12 2 03P Massachusetts Department of Environmental Protection provided byMassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1601 WPA Forst 5 - Order of Conditions eDEP Transaction #:598709 City/Town-NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information I. Conservation Commission NORTH ANDOVER 2. Issuance a. 0. OOC 3. Applicant Details a. FirstName JOHN Q organization d. Mailing Address 14 CEIICKERING ROAD e. City/Town NORTH ANDOVER f State 4. Property Owner a. First Name ROBERT L a Organization CIO R.H. HARRINGTON, TRUSTEE d. Mailing Address 600 CLARK STREET, 4TH FLOOR e. City/Town TEWKSBURY f. State 5. Project Location a.Street Address COTUIT STREET & LEYDEN STRE b.City/rown NORTH ANDOVER d. Assessors Map/Plat# 47 f. Latitude 42.67786N 6. Property recorded at the Registry of Deed for: �� b. p Amended OOC b. Last Name BURKE MA g. Zip Cade 01845 b. Last Name BURKE TRUST MA g. Zip Code 01876 ET c. Zip Code 01845 e. Parcel/Lot# 148 & 151 g Longitude 71.12535W a. County b. Certificate c. Book NORTHERN ESSEX . 8735 d. Page 35 7.Dates a. Date NOI Filed: 05/2013 b. Date Public Hearing Closed: 9/25/2013 a Date Of Issuance. 9!26/2013 8.Final Approved Plans and Other Documents a. Plan Title: b. PIan Prepared by: SITE PLANS COTUIT & LEYDEN PENNONI STREETS (SHEETS ASSOCIATES, INC. 1-6) B. Findings c. plan Signed/Stamped by: d. Revised Final Date: e. Scale: BENJAMIN C. OSGOOD, JR. 9/12/13 & 9/23/13 1"--20' (Sheet 3) Page 1 of 10 * ELECTRONIC COPY Bk 13919 Pg11 #15469 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #242-1601 WPA Form 5 - Order of Conditions eDEP Transaction #:598709 Lift Massachusetts Wetlands Protection Act M.G.L. c. >i31, §40 City/Town-.NORTH ANDOVER 1.17indings pursuant to the Massachusetts Wetlands Protection Act Following the review of tho 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 alithatapply: a. o Public Water Supply b. o Land Containing Shellfish c. o Prevention of Pollution d. o Private Water Supply e. o Fisheries £ o Protection of Wildlife Habitat g. a Ground Water Supply h. o Storm Damage Prevention i. o Flood Control 2 Commission hereby finds the project, as proposed, is: Approved subject to: a. o The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that at 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: b. o 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 interests of the Act, 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. c. o 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 interests of the Act, 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). 3.o Buffer Zone impacts:Shortest distance between limit of project disturbance and the wetland resource 20 area specified in 310CN R10.02(1)(a). a linear feet Inland Resource Area Lnpacts:(ForApprovals Only): Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 4. a Bank a linear feet b. linear feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a square feet b. square feet c. square feet d. square feet 6. o Land under Waterbodies and Waterways a square feet b. square feet C. square feet d. square feet e. c/y dredged £ c/y dredged Page 2 of 10 s ELECTRONIC COPY Bk 13919 Pg12 #15469 Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1601 WPA Form 5 - Order of Conditions eDEP Transaction #:598709 LI)Massachusetts tity/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 7. o Bordering Land Subject to Flooding a square feet b. square feet a square feet d. square feet Cubic Feet Flood Storage e, cubic, feet f cubic feet & cubic feet h. cubic feet 9-a Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage o. cubic feet d. cubic feet e. cubic feet f. cubic feet 9. a RiverfvntArea a. total sq. feet b. total sq. feet Sq ft wither 100 ft a square feet d. square feet e. square feet f. square feet Sq ft between 100-200 ft g. square feet h. square feet i. square feet j. square feet Coastal Resource Area Impacts: Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 10.o Designated PortAreas indicate size under Land Under the Ocean, below 11. o Land Under the Ocean a square feet b. square feet c. c/y dredged d. ely dredged 11 o Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.o Coastal Beaches a. square feet b. square feet a cly nourishment d. cly nourishment 14.o Coastal Dunes a square feet b. square feet c, cly nourishment d. cty nourishment 15.o Coastal Banks a linear feet b. linear tot 16.o Rocky Intertidal Shores a square feet b. square feet 17.o Salt Marshes a. square feet b. square feet c. square feet d. square feet 18.o Land Under Salt Ponds a square feet b. square feet c. c(y dredged d. cly dredged 19. o Land Containing Shellfish Page 3 of 10 * ELECTRONIC COPY Bk 13919 Pg13 #15469 LitMassachusetts Department of Environmental Protection Provided byMNOEP. Bureau of Resource Protection -Wetlands MAWEP File #:242-1601 WPA Form 5 - Order of Conditions eDEP Transaction 0,598709 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHANDOVER 20. ❑ Fish Runs 21.o Land Subject to Coastal Storm Flowage a. square feet b. square feet c. square feet d. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above c. dy dredged d. oiy dredged a. square feet b. square feet 22. ❑ Restoration/Enhancement (For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section 13.5.c & d or B. 17.c & d above, please entered the additional amount here. a. square feet of BV W 23. b. square feet of Salt Marsh o Streams Crossing(s) If the project involves Stream Crossings, please enter the number of new stream crossingstnumber of replacement stream crossings. & number of new stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein, and with all misted statutes and other regulatory measures, shall be deemed rause to revoke or modify this Order. 2 The Order does not grant any properly 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 ofthe Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this projectshail 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, fires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. 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. Page 4 of 10 * ELECTRONIC COPY Bk 13919 Pg14 #15469 Massachusetts Department of Environmental Protection Provided byM=DEP: Bureau of Resource Protection - Wetlands MassDEP File #:242.1601 WPA Form 5 - Order of Conditions eDEP Transaction #:598709 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town NORT14 ANDOVER 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Courtfor 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 se the caof 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 the 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.. 10. 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 ofEnvironmental Protection" (or'MassDEP"] File Number :"242-1601" 11. 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 Mass AEP, 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition # 13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of anew Notice of Intent. 15. 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 Departinm for that evaluation. 16. 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. 17. 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. I& 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 an a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shalt 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project") is([) q is not (2) o subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards, then the project is subject to the following conditions; a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the eonstructionperiod pollution prevention and erosion and sedimentation control plan and, if applicable, the Storinwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stonmwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Frigineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment; the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal ofall construction period sediment trapped in inlet and outlet control structures; tures; ii.. as -built final construction Page 5 of 10 * ELECTRONIC COPY Bk 13919 Pg15 #15469 Massachusetts Department of Environmental Protection Provided by MassDEP; Bureau of Resource Protection - Wetlands MassDEP File #;242-1601 Lei WPA Form 5 - Order of Conditions ejtyjTo ansa0RTH:s9s709 Massachusetts Wetlands Protection Act M.C.L. c. 131, §40 CitylTown NORTH ANDOVER BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; lir. any illicit discharges to the stormwater management system have been removed, as perthe requirements of Stormwater Standard 10; iv. all post -construction. stormwater BMPs are installed in accordance with the plans (including all planting pians) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working coMition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erasion. e) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 19(1)) shall execute and submit to the issuing authority an Operatione four Maintenance Compliance Statement (O&M Statemern) for the Stormwater BMPs identifying the party resp implementing the stormwater BMP Operation and Maintenance Plan ('O&M Ptatt'J and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stounwater management BMPs and implement the Stamwater Pollution Prevention Plan - d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report turd, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi -Sector General Permit. e,) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding ag wment of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions I9(0 through I9(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(0 through 19(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legallybinding agreement 0 The responsible party shall operate and maintain all stormwater BM N in accordance with the design plans, the 0&M Plan, and the requirements of the Massachusetts Stormwater Handbook gl The responsible party shall: 1. Maintain an operation and maintenance tog for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. } Illicit discharges to the stormwater management system as defined in 3 10 CMR 10.04 are prohibited. j) The stormwater management system approved m the Order ofConditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defused in the MassDEP Storinvater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Aocess for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Page 6 of 10 * ELECTRONIC COPY Bk 13919 Pg16 #15469 Massachusetts Department of Environmental Protection Provided by MawDEP: Bureau of Resource Protection - Wetlands MassDEP Filo #:242-1601 r' WPA Form 5 - Order of Conditions cDEP Transaction #:598709 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CitylrownNORTH ANDOVER Special Conditions: SEE ATTACHED. Page 7 of 10 * ELECTRONIC COPY Bk 13919 Pg17 #15469 LitMassachusetts Department of Environmental Protection Provided by M ssDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1601 WPA Form 5 - Order of Conditions eDEP Transaction #:598709 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown:NORTH ANDOVER A Findings Under Municipal Wetlands Bylaw or Ordinance I. Is a municipal wetlands bylaw or ordinance applicable? o Yes o No 2. The Conservation Commission hereby(check one that ap Ip les): a. p DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw 5pee: 1. Municipal Ordinance or Bylaw 2. 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 or Conditions is issued. Which are necessary to comply with a municipal ordinance or bylaw: b' t1 APPROVES the proposed work, subject to the following additional conditions. 1. MunicipalOrdinance or Bylaw NORTH ANDOVER 2. Citation CHAPTER 178 Y WETIAANDSBYLAW 3. 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, die conditions shall control. . The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. Page 8 of 10 * ELECTRONIC COPY Bk 13919 P918 #15469 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1601 eDEP Transaction 9:598709 VITA Form 5 - Order of Conditions Cityrrown:NORTHANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Signatures This Order is valid for three years from the date of issuance, unless otherwise specified 6 pursuant to General Condition #4. If this is an Amended Order of Conditions, the Amended 1. Date of 0 ' ' Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form. This Order must be signed by 2. Number f Sigtrexs a majority of the Conservation Commission. The order must be mailed by certified mail (return receipt requested) yr 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 property owner, if different from applicant. a ❑ by hand delivery on cAy certified mail, return receipt requested, on yla6%t.3 -- Date Date F. Appeals The applicant, the owner, any person aggrieved by thrs 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 MassDEP 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 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. Any appellants sealing 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 providing written information to the Department prior to issuance of a Superseding Order. 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 (3 10 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Actor regulations, the Department has no appellate jurisdiction. Page 9 of 10 * ELECTRONIC COPY Bk 13919 Pg19 #15469 LiMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP Fite #:242-1601 WPA Form 5 - Order of Conditions my[' Transaction #:598709 City/Town:NORTHRNDOVER )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 ofthe 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 this page 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: COTUIT STREET & LEYDEN STItBI r 242-1601 ProjectLocation MassDEP File Number Has been recorded at the Registry of Reeds of: Duty Book Page for., Property Owner ROBERT I BURKE TRUST 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 instrumentnumber identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: DocumentNumber. Signature of Applicant MY. a,Jmro Page 10 of 10 * ELECTRONIC COPY Bk 13919 Pg20 #15469 DEP FILE # 242 -1601 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 followin conditions modi� or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: construction of four townhouse units on two lots, stormwater management infrastructure, underground utilities, and associated clearing, grading and landscaping, portions of which are within the Buffer Zones to Bordering Vegetated Wetland (BVW) associated with an intermittent stream. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant: John Burke 14 Chickering Road North Andover, MA 01845 Property Owner: Robert J. Burke Trust C/o R.H. Harrington, Trustee 600 Clark Street, 4th Floor Tewksbury, MA 01876 Notice of Intent prepared by: Benjamin. Osgood, Jr. Pennoni Associates, Inc. 13 Branch Street, Suite 103 Methuen, MA 01844 Dated: July 31, 2013 Site Plans prepared by: Pennoni Associates, Inc. Title: Site Plan Cotuit & Leyden Streets North Andover, Massachusetts Sheets: 1-6 Last Revised: 9/12/13 & 9/23/13 (Sheet 3) Stamped by: Benjamin C. Osgood, Jr., P.E. Stormwater Analysis and Calculations prepared by: Pennoni Associates, Inc. Date: September 12, 2013 242-1601,Cotuit & Leyden Street Townhouses i NACC 9/26/2013 Bk 13919 Pg21 #15469 DEP FILE # 242 -1601 Stormwater Review: Lisa Eggleston Eggleston Environmental 32 Old Framingham Road, Unit #29 Sudbury, MA 01716 Review letter dated: September 19, 2013; Inspection & Maintenance Manual prepared by: Pennon Associates, Inc. Date: September 12, 2413 22. 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. 23. 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. 24. 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. 25. 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. 26. 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 -Maws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order. 242-1601,Cotuit & Leyden Street Townhouses 2 NACC 9/26/2013 Bk 13919 Pg22 #15469 DEP FILE # 242 -1601 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thir days {30,) prior to the expiration date of the Order (Refer to Section 8.3 of the North Andover Wetland ReguIations). 29. 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. 30. This order is issued in addition to DEP Bile #242-1261 which originally permitted eight (8) townhouses. The permit is now expired. A Certificate of Compliance is under consideration for the four constructed townhouses (of the eight proposed) and the stormwater management structures constructed under the prior order. 31. 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. 32. Any fixture project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 33. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) associated with an intermittent drainage/ stream channel. 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. 34. The NACC. agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 35. 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 fi& foot (50") No -Construction Zone shall be established from the edge of Bordering Vegetated Wetland (BVW). 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. 36. 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 242-1601,Cotuit & Leyden Street Townhouses 3 NACC 9/26120I3 Bk 13919 Pg23 #15469 DEP FILE # 242 -1641 terms and conditions. Thereafter, the contractor will be heldjointly liable for any violation of this Order resulting from failure to comply with its conditions. 37. The owners of the project and their successors in title 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 38. 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. 39. 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 Oder 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 applicants expense. 40. 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 242-1601." 41. 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. No work shall begin on a project until written approval has been granted by the NACC. 242-1601,Cotuit & Leyden Street Townhouses 4 NACC 9/26/2013 Bk 13919 Pg24 #15469 DEP FILE # 242.1601 42. 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. 43. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the installation of all sedimentation/ erosion control measures, clearing, grading, foundation installation, paving, and all other site work through final stabilization. 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 wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers 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. 45. Staked hay bales and trenched siltation fence, as detailed on Sheet 6 of 6 in the plans referenced herein, shall be placed between all construction areas and wetlands. The erosion control barriers and erosion control measures will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent 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 or its agent. 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. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales. Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of $7,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through 242-1601,Cotuit & Leyden Street Townhouses 5 NACC 9/26/2013 Bk 13919 Pg25 #15469 DEP FILE # 242 -1601 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 SyLaw. 48. The applicant shall be responsible for placing signs on each parcel, where there is more than one (1) lot, designating the applicable lot number as depicted on the plans approved and referenced herein. 49. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) 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. 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 Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. 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. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report (with photos) from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions 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. The Erosion Control Monitor shall be on site during and/or following a major storm event of Y2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 51. Prior to construction, the applicant shall permanently mark the edge of the "25' No - Disturbance Zone" on all delineated wetlands (where not already marked or where the wetland line has changed) with signs or markers spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). These markers will designate 242-1601,Cotuit & Leyden Street Townhouses 6 NACC 9/26/2013 Bk 13919 Pg26 #15469 DEP FILE # 242 -1601 the sensitivity of the resource area 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. These markers shall remain posted and be replaced as necessary in perpetuity. Markers are available from the Conservation Department ($2 round and $3 square). 52. 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 prior to the closing of said land transaction. 53. 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 environmental monitor, 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). ISTORMWATER MANAGEMENT CONDITIONS is 54. All construction and post -construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Standards, and as approved by the NACC in this Order of Conditions. 55. All stormwater best management practices shall be maintained as specified in the Inspection and Maintenance Manual submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance of the stormwater 242-1601,Cotuit & Leyden Street Townhouses 7 NACC 9/26/2013 Bk 13919 Pg27 #15469 AEP FILE ## 242 -1601 management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer. The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted until a COC is obtained. Maintenance bills submitted by cleaning contractors (catch basins, etc.) shall be submitted with annual engineering reports. Following the issuance of a COC Stormwater Management System Inspection and Maintenance Logs (as provided in the Inspection & Maintenance Manual) and/or proof of annual maintenance activities for all stormwater structures and activities shall be maintained for a prior 5 year period and shall be available upon request for review by the NACC or its agent in perpetuity. 56. Temporary and/or permanent basins and swales being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6) inches. The basins shall be cleaned of sediment prior to final grading and construction of permanent storxnwater structures. 57. All roof runoff shall be directed to the infiltrators to provide groundwater recharge, as shown on the approved plans referenced herein. 58. 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. 59. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 60. Stormwater infiltration basins shall not be used for snow stockpiling. 61. As proposed by the applicant, a Condominium Association shall be established and be responsible for the implementation of the Inspection & Maintenance Manual as referenced and attached herein. This condition shall remain in perpetuity to this Order. Written agreements of all conditions required in perpetuity of this Order, inclusive of all stormwater maintenance agreements, shall be submitted to the NACC upon completion of construction and prior to the issuance of a certificate of compliance. 62. Prior to the issuance of the Certificate of Compliance, and the Condominium Association assuming responsibility, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the "Inspection & Maintenance Manual" and the associated stormwater management conditions referenced herein. 242-1601,Cotuit & Leyden Street Townhouses 8 NACC 9(260013 Bk 13919 Pg28 #15469 DEP FILE # 242 - 1601 DURING CONSTRUCTION 63. IMPORTANT: Immediately upon completion of the house foundation, 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 its proximi ,r to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. Failure to comply may result in a stop work order for the site. 64. Upon beginning work, the applicant shall submit written monthly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 65. Catch basins within fifty feet (5(Y) of construction will be protected with silt sacks. 66. De -watering activities are not proposed. 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. 67. Temporary construction entrances shall be installed as detailed on Sheet 6 of the herein referenced plan. if material is tracked beyond the construction entrances onto the adjacent roadways, it will be swept up daily 68. 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, fires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 69. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and matted. All disturbed areas must be graded, loamed and seeded prior to November 1$1 of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with jute matting or by other means approved by the NACC until climate conditions allow for seeding. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 70. 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. 242-1601,Cotuit & Leyden Street Townhouses 9 NACC 9/26/2013 Bk 13919 Pg29 #15469 DEP FILE # 242 -1601 71. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. Stockpile areas are designated on Plan Sheet 3 of 6. Changes in stockpile location shall be approved by the Conservation Department. 72. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. Truck washing shall not occur within jurisdictional areas unless the designated area and a plan for containment of sediment are approved by the Conservation Department in advance. 73. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, 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. 74. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 75. 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. =AIFTERONSTRUCTION 76. No underground storage of fuel oils shall be allowed on any lot within one -hundred (1.00) 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. 77. 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. 78. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or beyond the limits of clearing. This condition shall remain in perpetuity. 242-1601,Cotuit & Leyden Street Townhouses 10 NACC 9/26/2013 Bk 13919 Pg30 #15469 DEP FILE # 242 -1601 79. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loarning and seeding according to MRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 80. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed un -vegetated areas shall be seeded. 81. 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, stone walls, pools, retaining walls, subsurface utilities and decks. 242-1601,Cohuit & Leyden Street Townhouses I I NACC 9/26/2013 Bk 13919 Pg31 #15469 DEP FILE # 242 -1601 ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 82. 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 as approved under DEP # 242-1601. 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; ➢ Resource Area Markers (Condition #51); ➢ Stormwater Management System Maintenance (Condition #55 & #61); ➢ Discharge or spillage of pollutants (Condition #75); A Prohibition of underground fuels (Condition #76); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions ➢ There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or beyond the limits of clearing (Condition #78); ➢ "Inspection & Maintenance Manual" (see attached), including Best Management Practices attached. No additional filings will be required to conduct maintenance of the above referenced system and plan. 242-1601,Cotuit & Leyden Street Townhouses 12 NACC 9/26/2013 DEP FILE # 242 -1601 Bk 13919 Pg32 #15469 APPENDIX A - AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECKATLEAST ONE BLOCK} 2. I am the of ( positron with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC mtn ber) the North Andover Conservation Commission. &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that i have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. 4. i hereby affirm and acknowledge that on this day of 19— 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. (DFP File #) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) 242.1601,Cotuit& Leyden Street Townhouses 13 NACC 9/26/2013 Bk 13919 Pg33 #1.5469 Inspection and Maintenance Manual Construction Phase: The BMPs associated with this project will be owned by the property owner during construction, who will be responsible for inspection, operation and maintenance. 1. The contractor is to install and maintain drainage facilities as shown on plan. 2. Prior to construction, all erosion/siltation control devices shown on plan are to be installed. To prevent silt intrusion into the drainage system during construction, the contractor is to install and maintain inlet protection at all catch basins, and set a silt fence and straw bales at all slopes which'may erode in the direction of any open drainage facilities. Such preventive measures are to be maintained throughout the construction process. 3_ Construction will follow the following construction sequence: a. Install erosion and sediment controls as shown on plan prior to earth moving operations. b. Commence clearing and grubbing. c. Cut and dispose of any debris produced during grubbing operations. d. Perform earthwork operations. All cut and fill slopes shall be seeded and mulched within 72 hours after being constructed. Disturbed areas should be stabilized with grass by October 9 st, so as not to be left exposed during winter conditions. Disturbed areas which are not stabilized with grass prior to October 'It shall be protected by installation of erosion control blankets. e. install site drainage and utilities. f. Catch basins inlets shall be protected from sediment in accordance with the design plans. Pipe outlets of the dry detention basin shall be protected with straw bate check dams. Erosion controls shall remain until the entire disturbed area is sufficiently stabilized. g. Install binder paving of driveway and parking areas. h. Install site landscaping and permanent seeding of all disturbed areas. i. After all seeded areas have established stable growth, all temporary erosion control measures shall be inspected and cleaned. Silt, sediment, and debris shall be removed from the grass swale, sediment forebay, infiltration basin and dry detention basin prior to installing final pavement. j. Contractor shall notify and coordinate with all authorities responsible for inspections. It is the contractors responsibility to obtain all required inspection sign -offs. 4. Erosion controls are to be inspected and maintained for stability and operation within 12 hours of each runoff -producing rainfall but in no case less than once Drabiage ReportAdoc Bk 13919 Pg34 #15469 every week. Upon discovery of silt build-up in any catch basin sumps or other structures, they are to be cleaned. 5. All exposed soils including soil stockpiles shall be immediately stabilized with a layer of mulch straw or jute blankets -as needed for slopes steeper than 3:1. 6. For existing catch basin in Cotuit Street, inlet protection -as described on site plans- shall be installed prior to beginning of construction and maintained during all construction until ready for paving. 7. Clean silt and debris from the sediment forebay, infiltration basin and dry detention basin prior to installing final surface treatment. 8. After paving is installed, it shall be swept clean on a regular basis. 9. All construction equipment shall be parked outside of the 100' buffer zone area at the end of the day. All machinery found to be a potential source of a future spill shall be removed from the construction site and repaired. Vehicles with chronic or continuous leaks must be removed from the construction site and repaired before returning to operations. No leaking of any material from equipment or vehicles will be tolerated on the job site. Contractor is solely responsible for any spills of hazardous materials and the subsequent cleanup and disposal of waste and restoration of any contaminated areas. No refueling, storage, servicing or maintenance of equipment shall take place within the 100' buffer zone area. No refueling or servicing shall be done without absorbent material or drip pans properly placed to contain spilled fuel. Drainage Report R.doe Bk 13919 Pg35 #15469 STORMWATER MANAGEMENT SYSTEM Construction Phase Inspection and Maintenance Log BMI?l5ystem:.. CvV aneni : ba#e of Itis :etiaii !ns ectbrCistltems.%Comments G1eaninglRepalr NeededClean_ !ng 1 NOW Performed b Pavement Sweeping Catch Basins Drain Manholes Outlet Control Structures Drain Pipes Swales Sediment Forebay Infiltration Basin Detention Basin Silt Sack Drainage Report R.doc Ek 13919 Pg36 #15469 Post -Development Phase: The property owner is to be responsible for maintenance of all drainage structures in the project including roof drains, catch basins, manholes, drain pipes and stormwater management components. In the event of change of ownership, the I & M requirements shall be transferred to the new owner. Regular inspection maintenance is to include the following: I . Inspection of all drainage facilities (catch basins, pipes, grass swale, sediment forebay, infiltration basin and dry detention basin) on an annual basis. During these inspections, the inspector (a registered professional civil engineer qualified in drainage systems as designated by the owner) shall look for evidence of the following: structural damage, sift accumulation, and improper function. A report on the system shall be delivered to the owner and a copy shall be kept at project site and available for inspection. 2. After inspection, if any of the above conditions exist, the inspector shall notify the owner who shall immediately arrange for all necessary repairs and/or sediment removal. 3. The parking area is to be swept clean, as required (i.e., visually noticeable debris build- up). A minimum of once per year, preferably just after snow melt. 4. All graded slopes shall be inspected every spring for erosion. Upon discovery of any failure (i.e. erosion), rip-rapfioam and seed shall be put in place and nurtured. Slopes shall be mowed on an annual basis to prevent tree growth b. During the winter months, all snow is to be stored such that snow melt is controlled within the paved area and enters the stormwater treatment system. Inspection Costs The annual costs of implementing the required inspections and maintenance outlined in the long term pollution prevention plan are expected to be as follows: • Quarterly inspection by a registered professional engineer $ 500 • Annual parking lot sweeping completed by homeowner $ 0 • Removal of trash and debris from pond areas by homeowners $ 0 • Removal of sift from swale, forbay, and infiltration basin $1000 • Annual mowing $ 1000 • Annual catch basin cleaning (by town) $ 0 Public Safety The stormwater management system is designed as a passive system and when maintained properly it should not pose any threat to public safety. Side slopes of the ponds and swales are designed at grades which are not hazardous, water will not pond for excessive amounts of time in the open treatment and storage devises, and the system can accommodate large storms so that water will drain and not remain where it may be a hazard to vehicles. Drainage Report-R.doe Bk 13919 Pg37 #15469 a . o '. -ate, as c .c; U� O o .v ar ar fl1 c� �o a) a� a3 en as as "- E C CL a) o. L 4—y, 0 L m � o � 'Q �✓ Q LQ O :5 w 4— > N m a1 y Q, o 7 N w 0 (D R as O _ � LZ .= -5 w 0 -0 it to N 0- � N ��+ OC' � 0 T7 L M O 0� .— a, CA. ��� L N C act c� .0 U 4�ns-0 ca —Ecco �o �� a�� v V):a CO Co O to a�io62EE� v CO U � O a) 23 -0 a 'S M- Eo�ni�n Z3 O U! >, to w_V 0 U �"- V `� O G (fy4. N O cq 0 G L+" a) � N C Q M CO � w �f L 0 m 0 d LL 5 0 E— as 0 L a) w 01 L- U) L ca S a) U a) • ax a E CD o cu o o a E E 'c3 a) L ;;. �. a} ca :3 E; a) «' ° catm N U > N > E � a) 0. �� U Gl U ca c o �w a/) O C? L �w to *± CL c cu m o Q a cn E �CL c Q.cU 4 C 3 cn a c E 4 my d UCf) 0 0 0 d 0 h M Bk 13919 Pg38 #15469 X �D M O 2? �D �s z M D Q 5m (D Z -4 �Cl) n � (D -4 o rn CC E �. • �_ f., ' s@ 3 0 m m -0 • Q =v� 0 `� ° • • m M. O ia1 -� -� w O ,°a c� O c- O CD 0°� '' -" C Oa cn M M-0 w m cn � =1 @0m ~ �v,iv °�0mn-9�m rn °v+° -gym ci n•� �, "3 rn rn o �bm0 rn m-mcn�rn ° �� --hw— � suZ �sti� CL CD fn �ai� CL m� occ',m�m� rn��o�� �3`� w mm m n N Cl N m 2. O� m CZ N CD , cQ O N {� to CD O' . N O 3 0 0 t1) -Or, CD CL 3� m O r- X z o 0 o °iN o m m � 0 c oo zs m o � � 0 [si CL su � CL v su m � m cn a ° m 3- o CD =r'.a' CL 3 OCL =� °`E•� � cn m CO2 �' (D SOD in pt m O O n ca ra o ::3 lay N � O Q C7 In13 7. 0 =;2°, M n 0 ao su N is CL X �D M O 2? �D �s z M D Q 5m (D Z -4 �Cl) n � (D -4 o rn CC E Town of North Andover ZONING BOARD OF Albert P. ,'Manzi II1, Esq. Chairman Ellen P. Mclnh,,re, Tice -Chairman D. Paul Koch Jr. Esq., Clerk Douglas Ludgin Allan Cuscia Associate tblembers Deney Morganthal Nathan Weinreich Alexandria a. Jacobs Esq. Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, § 17 NAME: Robert J. Burke Trust Notice of Decision Year 2016 APPEALS, ;i_, ,, Town Clerk Time Stamp Property at: Lot 5 Cotuit Street / 0 Leydon Street (Map 47, Parcels 151), North Andover, MA 01845 HEARING(S): October 13, 2016, November 01, 2016 ADDRESS: Lot 5 Cotuit Street / 0 Leydon Street (Map 4TP-ETITION2016-014 Parcels 151), North'Andover, MA 01845 The North Andover Board of Appeals held a public hearing at The Senior Center, at 120R Main Street, North Andover, MA on Tuesday, November 01, 2016 at 7:30 PM on the application of Robert J. Burke Trust for property located at Lot 5 Cotuit Street / 0 Leydon Street (Map 47, Parcel(s) 151), North Andover, MA 01845 The Petitioner is requesting a Special Permit to construct a new two family dwelling in Lot 5, in accordance with Sections 4.122.14, 4.122.14A(b) of the North Andover Zoning Bylaws, for real property located within the R-4 Zoning District. Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, September 27, 2016, and October 04 2016. The following regular voting members were present: Albert P. Manzi III, Ellen P. McIntyre, and D. Paul Koch Jr., the following Associate members present: Deney Morganthal, Alexandria Jacobs and Nathan Weinreich D.Paul Koch made a motion to GRANT a Special Permit to allow the construction of a Two family dwelling on Lot 5 Cotuit Street / 0 Leydon Street (Map 47, Parcel(s) 151), North Andover, MA 01845 Sections 4.122.14, 4.122.14A(b) of the North Andover Zoning Bylaws Ellen McIntyre second the motion All those in favor to Grant the Special Permit: Albert Manzi III, Ellen P. McIntyre, D. Paul Koch Jr, Deffey Morganthal and Alexandria Jacobs All in Favor 5-0 The Board finds that based on the information contained within the Application along with documentation provided and testimony taken, at the public hearings, this use as developed by the building and site plans contained within the Application and other supporting documentation, will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians since there are provisions for the required off-street parking. Adequate and appropriate facilities will be provided for the proper operation of the proposed new two (2) family dwelling for Lot 5. The Board finds that the new two (2) family dwelling will not be substantially more detrimental to the neighborhood and that it will be in harmony with the general purpose and intent of this Bylaw. Site: Lot 5 Cotuit Street / 0 Leydon Street (Map 47, Parcel(s) 151), North Andover, MA 01845. Petitioner is requesting a Special Permit to construct a new two family from Section 4.122.14, 4.122.14A(b) of the Zoning Bylaws in the R-4 Zoning District Plans(s) and titles 1) "Proposed Site Plan" containing one (1) sheet. Prepared by Pennon Associates. Pagel of 2 QA The Board finds that the applicant has satisfied the provisions under Sections 4.122.14, 4.122.14A(b) of the Zoning Bylaws to construct in Lot 5 a new two (2) family residential dwelling building for residential use at the property located at Lot 5 Cotuit Street / 0 Leydon Street (Map 47, Parcel(s) 151), North Andover, MA 01845 in the R-4 Zoning District as substantially show on the Plans. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northem District at the applicant's expense. 2. The granting of the Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of'a building permit as required by the Inspector of Buildings. 3. If the rights authorized by the Special Permit are not exercised within 2 years of the date of the grant, it shall lapse, and may be re- established only after notice, and a new hearing. NeertAndover Zoni Boar of Appeals P. Manzi III,,E q., Chairman lien P. McIntyre, Vice- Chairman Douglas Ludgin D. Paul Koch Jr. Allan Cuscia Deney Morganthal Alexandria Jacobs, Esq. Decision 2016-014 Page 2 of 2 Inc., Dated 07/31/2013, 13 Branch Street, Suite 103, Methuen, MA. 01844 2) " Duplex #16-55Front Elevation, first Floor Plan, second floor plan page 1 of 13, Front Elevation page 2 of 13, Right Elevation, Left Elevation page 3 of 13, Garage Door Framing & Sheathing Requirements page 4 of 13, Foundation Plan page 5 of 13, First Floor Plan page 6 of 13, Second Floor Plan page 7 of 13, Attic Plan, Roof Plan page 8 of 13, UL Listed U:336 Fire Separation Wall Section Detail, LVL Member Connection Detail, Flush Framed Beam, Standard Soffit, Garage LVL Beam page 9 of 13, First Floor Framing Plan, Second Floor Framing Plan page 10 of 13, Attic Framing Plan, Roof Framing Plan page 11 of 13, Main Building Section page 12 of 13, Entry -Dining Cross Section, Garage Cross Section page 13 of 13 (dated July 12, 2016), Prepared by Colonial Drafting 978-902-0131 alancdrafting.com Voting in favor of the Albert Manzi III, Ellen P. McIntyre, D. Paul Koch Jr, Deney Morganthal and Special Permit: Alexandria Jacobs Voting in the Negative: 0 The Board finds that the applicant has satisfied the provisions under Sections 4.122.14, 4.122.14A(b) of the Zoning Bylaws to construct in Lot 5 a new two (2) family residential dwelling building for residential use at the property located at Lot 5 Cotuit Street / 0 Leydon Street (Map 47, Parcel(s) 151), North Andover, MA 01845 in the R-4 Zoning District as substantially show on the Plans. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northem District at the applicant's expense. 2. The granting of the Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of'a building permit as required by the Inspector of Buildings. 3. If the rights authorized by the Special Permit are not exercised within 2 years of the date of the grant, it shall lapse, and may be re- established only after notice, and a new hearing. NeertAndover Zoni Boar of Appeals P. Manzi III,,E q., Chairman lien P. McIntyre, Vice- Chairman Douglas Ludgin D. Paul Koch Jr. Allan Cuscia Deney Morganthal Alexandria Jacobs, Esq. Decision 2016-014 Page 2 of 2 The Commonwealth of Massachllseits Department of IndustrialAceldents 1 Congress Street, Si &i 100 Boston, MA. 02114-2017 www mass gov/dia Compensation J<ns¢xance Affidavit- Bmildexs/Contr. actorsMectricians/'lnmbers. TO BE FRED Wr M THE REFUMTMO .A.0 ACOIU7 Y- ... P. -P7'7TIt Name (BusinesslOrga=aiionllndividuaI): Address: City/State/Zip:- you an employer? the appropriate box: n � m OL4 S p j �� � +x. 1. Vam a employer with --employees (full. and/or part idme)• 2.E] I am a sole proprietor or partnership andhaveno employees Working forme in any capacity. [No -workers' comp. insurance required.] 3.E] I am ahomeowner doing all workmysel' [No workers' comp, insurancerequired.] 4.n I am a homeowner and wall be hiring contractors to conduct all work on my properly. I will ensure that all contractbrs either have workers' compensation insurance or are sole proprietors with no eniplbyees. 5.L]I am a general cont=actor and I have hiredthe sub -contractors listed on the attached sheep These sub -contractors have employees andhave workers' comp. insurance 6. ❑ We are a corporation and its. c:E&6rB have exercised their right of'exempfiou per MGL c. d' e have no empldyees. [No workers' comp. insurance required -I Type of project (required): '7, 8. [� Remodeling 9. ❑ Demolition 10 [] Building addition ll.❑ Electrical repairs or additions 12. [}:Plumbing repairs or additions 13'.[JR"oofrepaars 14.M Other 152, §i(¢), -. , *Any applica that checks box#1 must also fin out the areion doing avr showing their -Workers' ll work andfihen pe hire outside aontrac dors anoust submit a new affidavit indicating such. i Homeowners who submit•this affidavit indicating they _ tContractorsTthat check tbis b°or have e�mP � � fey � pr � e � tt v''� e comp. p licy nnt�ber.�d �e whether or notfhose eniaiies ave am an employer that is providing7vorkers' information. Insurance Company for my er�zployees .below is tlzepolicy orzdJob sate Policy # or Self -ins. Lzc. #:. YJ<: v v ii `` � City/Slate/Zip: I)v . Job Site Address: on a e showing the policy number and egpiratxon date) �, Attach a copy of the�vorkers' compensationpolicy declaratz p g to 500.00 Failure to secure coverage as required undernalties?zn the fo o£r OP W ORK ORDERIand a fine ofuP to $250.0 0 a and/or one-year imprisonment, as well as z p py of this statement may be forwarded to the Office Offnvestigations of the day against the violator. A coDIA for insurance coverage w Idol h Signature: � phon_ e #• — under trains andpenaldes ofperjury that tTie information provaaea ao� mei 64 G u� �� �� Official use only. Do not write in this area, to be corrzpleted by city or town off�eia� Permit/License # City or Town' )[ss-wngAuthoxity(circle One):ectox S.Plnxnbingxnspectox 1.. Board of Mealth 2. Building Depart oaent 3. CitylTown Clerk 4. Electrical fusp 6. Other Phone Contact P erson• Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their emplo'y�os. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employes is• defined as "an individual; partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enferprise, and including the legal representatives of a deceased employer, or the receiver'or tmdde 6f an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or binding appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicantwlid has not produced -acceptable evidence of compliance with the insurance coverage xequiired." Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance -with the insurance requirements ofthis chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub=contractors) name(s), address(es) and phone number(s) along with their certificates) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for corrC oration ofinsurauce coverage. also be sure to sign and date the affidavit: The affidavit should be retuned to the city or town that the application for the permit or license is being requested, not the Department of IndustrialAccidents. Should you have any questions regarding the law or if you. are required to obtain a workers' compensatioiipolicy,pleasecalltheDepartmentatthenumberlistedbelow. Self-insuredcompanies sholudenter their self insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office oflnvestigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant thai must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current poRe-v information (if -necessary) and under "Job Site Address" the applicant should write •"all locations in (city or town)" A copy of the affidavit that has b eon officially stamp ed or marked by the city or town may b e provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. Anew affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit notrelated to any business or commercial venture (i.e. a dog: license or permit to burn leaves etc.) said person is NOT requited to complete this affidavit. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents 1 Congress Street, Suite 100 Boston, MA 02114-2017 Tel. # 617-727-4900 ext. 7406 or 1-877-MASSAFE��, . Fax # 617-•727-7749 Revised 02-23-I5 www.mass.gov/dia 1 0 A4C40 L� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) �....- 12,09,2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 00186 - 001 r Corcoran, Havlin, &Sawyer 287 Linden Street Wellesley, MA 02482 N��IEACT a/C. No. Ext): (781)2_3_5_•_310_0 a/c. No.: _ JMAA_b ss: -- INSURER( AS) FFORDINGG COVERAGE INSURE A: Atlantic Charter Insurance Company VDAC 44326 INSURED V Scott Follansbee INSURER B: INSURER C: -- — - PO Box 398 North Andover, MAy01845 -- INSURER D: INSURER E: %IUVMMA"Mz L:EH I IFICAT F NI IMRFR• 0M1ICInAI KI RADCD. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TtIL POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES "DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU§IONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE INSR WVD POLICY NUMBER C MMIDD/YYYY _ (_MM/DDf/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY PDAMAGE REM SESO RENTED NTE ence $ MED EXP (Any one person) $ CLAIMS -MADE OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ L AGGREGATE LIMIT APPLIES PER: —I---- PRODUCTS - COMP/OP AGG $ --:PRO• ---` POLICY � ECTI I j I- ------------ IOCOMOBILE LIABILITY COMBINED SINGLE LIMIT$ JA ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED - PROPERTY DAMAGE _AUTOS — - Per accident) = UMBRELLA LIAB OCCUR I ;EACH OCCURRENCE $ EXCESS LIAB r CLAIMS MADE AGGREGATE $ DEDJ 2ETENTION $ _ _ -_ 1 KK gg oo NN NN IJDEMPLfJYERB�LIABI�QTY. I----- I___...-- y�c S 7th -----7H_-'-$--------- -- ---~.X-I TORY LIMITS. IOER I �Aoo A ANNY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICE M MB R EXCLUDED? N / A W CV01337200 12/2/2016 r- --•-- -----T—.--_---- -- 12/2/2017 E.L. EACH ACCIDENT _ i $ 1 OO�OQQ,00 (Mandatory in NH) �i fl d b IL dflr D�Ss9K89 UnF OPERATIONS below Policy Coverage State: M E.L. DISEASE - EA EMPLOYEE $ 100,000.00 E.L. DISEASE • POLICY LIMIT $ 500,000.00 Th workers compensation policy does riotageforVScott Follansbee �— __J DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Town of North Andover 120 Main Street North Andover, MA 01845 ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION -DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I ACORD CORPORATION. A The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER COPY � _ ~ _ . Massachusetts De ladg(d-6eti"u'i'rcd"i-ng-'Regulations and Standards ~License: CS-00,7732Construction SupervisorPO BOX 398NORTH ANDOVO�-JZZ-,K- Expiration:Commissioner 09/08/2017 �` T4 .1 1/ 11 11 II II II II jasvlJ h U r. V II II II I II 11 • "� C N U -O J U h pia �J d � c Q 4 1 Clz I/ II 11 11 11 h 11 11 .I , T4 )I oLI ISI Ir •�O p I r U V Ir II r 1aso1J 1; 1, n .1 1/ 11 11 II II II II jasvlJ h U r. V II II II I II 11 \� 11 11 II 11 11 �J d 1, 11 1 Clz I/ II 11 11 11 LE 11 11 .I , Ir •�O p I r U V Ir II r 1aso1J 1; 1, n .1 1/ 11 11 II II II II jasvlJ h U r. 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I U I N Hca � � p Sill Plate with Sill Seal Q y Q• J• O �Q c°D v z Q , Q O n rn C � °, Q Cy ko � a m tip i 5 S 7 U`O k °o n F ch J�n y oZ CD O �Q Jt� ° QaJ p�J °•c o'O m �o ^ liego-e b s b > �� m F 4k " 4 V1 ry OS Q O O a ~' •gyp PO P9 J 00 Coordinate height with ° O° 12" min. nominal 01 �QQ2,J O m � 1 O y o L , � S- P m j' oa rna a �o o p No co Prom "O C)O Z F Qj a �o foo v I U I N � y� � � p e e. e Q y Q• J• O �Q c°D v z Q , Q O n rn C � °, Q Cy ko C tip i 5 S 7 U`O k U o, c0 e Q o ^ P Boo-° 3 liego-e b s b > d MAI a V, -I _ _ _ _ _ PO P9 41. 00 Coordinate height with Garage Door rough opening 12" min. nominal requirements and finish floor height � 3" width o � S- P m ��ti�o��. oa rna a 4 cOp N v I U I N I` ti o aW y n °a3 v z Q , Q O n rn C � °, Q Cy ko C tip i 5 S 7 U`O k U o, c0 41. 00 � o o � S- P 1 I jOOG 05DJOD. ags --t,7 ('ql-) OPD -lb MOIOq .0—,,* 'bqlloo) 110M �Sojj to Ujo;;06 co C,4 LO O Sz� Cz 63 L () A'. 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S—O" S—O" cli LA -0" 6' w uo t0 n 4' CII c, Closet of 4'-6" 5'-6" Ict oo L4 Cb L't cb C) �S m N3 C) ------------------------ k2 ------------------- Q- Qo (b13 lc� k 14 Rb c� ................ -1 T See 'Garage Door froming Requirements" 24'-0" I 24'-0" 01. 12'— 12'-0" lb 61-61, 51-6.1 —6' —6" cO cb 'A NLc� E 9' x 8' Garage Door; i 9' x 8' Garage Do,, rn m c. PL --------------------------- ...................... -pt cb (b C) Cb lb C, 13 rb ca 5'-6" 2- Closet -pt 2'-4" 'll OI I 0 I to c L4 S I K -c. Z) S—O" 3'-0" qz, 2'-10" 4'-9" 4t Cli 5�4' JE 2'-6"�—s En 3'-6" (b ---- Z1, L4 cbl (b Q1 U) 0 0 0 V. Q)I A IfJ 10,-0" , 0 O� .............. S—O" S—O" cli LA -0" 6' w uo t0 n 4' CII c, Closet of 4'-6" 5'-6" Ict oo L4 Cb L't cb C) �S m N3 C) ------------------------ k2 ------------------- Q- Qo (b13 lc� k 14 Rb c� ................ -1 T See 'Garage Door froming Requirements" 24'-0" I O �o° �0. �4 Q O ° Cb Cc,- C y O F I too � a yy � c0.cti3.� (c): J a�OJ yn� my �Qo3 tiym JCaO�O 0 J. p• (I•1 W C+lNNIV a ww(�ti i11V � y k p `q vvk vvk tupQotupOo J C o j• � I J i tvO°ptvOO�k tVO�tVOQ��k Co Cb ° ` y �3 �o° �0. �4 Q O ° Cb Cc,- C y O F I too � a yy � ti v N 0 I 5C� 4 2 Rows 2" 2" 2" 2" C m m I I \ o ° Cb a � a ---r � ' Q C -D O 4 C7 Q oca O „ I �a 3 Q 4(-q C2, o N 3 p y m oao o a Qo o 4a m \ JO O O to O o� Cb Q, H��c� Jmto J'yrn'h �pyJ Z3 n ' � Qa Qa � lb lb� Qaa � a f4 'Q ~. � o Q° 4P o lb ®t �. O 7" (min.) PeMendiculor y to Floor Frominq ° D QO o IVN c Ov O Porollel to Floor Frominq o•_ o• 0 y� oa �0. �4 �a 3QQaa C y O F I too � a m� n0. c0.cti3.� (c): J a�OJ yn� my �Qo3 tiym JCaO�O I � J. p• (I•1 W C+lNNIV i7 IN (+1Nti� Porollel to Floor Frominq o•_ o• 0 y� oa O� C� �a 3QQaa C y O F I too � a (•ati o3k�V tv N ,�O l� OA �Qo3 v � � Q J. Porollel to Floor Frominq o•_ o• 0 O O O ti -3 O C CD C .' ti a l' 4� � O � 0.O t;lb 4p °_noo ow- 35 O 1 C10 1 y n CO O.Oy O y� oa O� C� o plb ° II ,�O l� Z ~ 1 W Q J. p• (I•1 W C+lNNIV i7 IN (+1Nti� ww(�ti i11V � y k p `q vvk vvk tupQotupOo vvk k_k.'ti i1 (6 k.k.k k_k_k tvOQ�tvOO �' J i tvO°ptvOO�k tVO�tVOQ��k Co Cb ° ` J' yW ° � ( 00 "4 .)1 1 A COVo�VO(n p�OV00 y Q 14Q TU1 A41(AK3 I` I• I` I` I I I` I` Nv(p Q)O7 I` I I` I` I` I` I` O O O 'r I` I` I` I` I` I` titivtoONty V ti -v UTAA^] �Q (lt G.lv CZy b ry ru ry O O IV �. vlu rV vvv N ti N5 ry N N N ry N ry NI Q �lb 'IQ VOUt(TrAA I' N°jUICAUtA b V O VOU1 Uty (N to Ul0I`o� to „ tV tvvl0�O a a a a a a tiOU7Ci(�ti a �0 a a a a� a aO a a�.0oUtOO� S O 0ND kQ Q �• m ry ry N 4 ry ti ti ru ry ti ti ti N ry N ry ry N a Q x C' a 3 Z, (14 1.4 Cn(TA 60 'N a)OtA 0. VO�.Cn�tvUtV a (4VVNo, (yW Sb OO NO�oO 7 J a a a a a a a a a a 7 a 7 7 a c.,rvtic.,c.,ti tititic„rvry KINK vrvti NN Na Na ti Nom. y O O O ti -3 O C CD C .' ti a l' 4� � O � 0.O t;lb 4p °_noo ow- 35 O 1 C10 1 y n CO O.Oy O y� oa O� C� Q II O O � o F �- g- �� 4 I s x k ��(y��N�11V k O O O ti -3 O C CD C .' ti a l' 4� � O � 0.O t;lb 4p °_noo ow- 35 O 1 C10 1 y n CO O.Oy O m y� oa O� C� II O O C Q. L7�-•!(�1NNtV �V �V ��(y��N�11V ria i tvO°ptvOO�k tVO�tVOQ��k Co Cb ° J' y y Q 14Q TU1 A41(AK3 I` I• poo -14 CON ACN y O O O 'r I` I` I` I` I` I` titivtoONty I` I I I` I` I` I` I` OCo°a'. � N O CZy O tivvNN--- IV �. vlu rV vvv ` Q �lb I (N to Ul0I`o� to „ I 4 O IO p V w OS a �0 a a a a� a aO yO? , O k 3' titiK.5Nl N3 N, K4tiK, o a 3 a A 0. VO�.Cn�tvUtV a I` I` I` I` I` I` pCOVLCU1U�o�(T (� J a a a a a a a a a a 7 a 7 7 a ti NtiN rV N NN Na Na ti Nom. m „0-,6 „0-,£ l i 9 D. A — ------ --- —-------_____'i _ i;------- 1' 1, 11 ,, ,i--------------- --- -----------l'i I 1, '1 1, 1, '0 1i S 11 I, li � Ir '1 al '1 11 I, t, .a S, 3 Ir 1i ' 11 Ir 11 11 ' 11 11 ' rn 11 I ----- ---------- - - - - - - - -•c_ ;i i 1 1 r� J ,• � , 11 11 11 � 11 11 11 � !I 11 11 � II 11 ,1 /l ,1 1 1, ;1 1 - - - - - - - - -- - - - - - - - - - - - - - - - - - - - 1 1' 1) 1' 1! 11 ,! 1' 1! 1 ! 1' 1+ 1' 1) +' IS {1 Iti +' 11 +' 11 +' 11 �1 � II 11 ' II III 1 11 I ' II 11 I II 11 ' 11 tl +1 II 11 1 11 11 +1 11 11 11 11 11 1 11 II 1, II 11 1 1 1 1 1 1 !1 11 II 1 1 1 1 1 1 , j1 11 11 ,1 11 1, j1 11 j1 11 1' ,1 1 II j1 11 1' j1 11 1' 11 j1 j1 1, 11 I, ,1 1, ,1 r, ,1 1 - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - ate...______________ _________________a i 9 D. A 0 01 n O Za Q y O v a rn ro 0 4Q C. r� 4 0 01 le if I „0-,Z l "0 -.OL w -- a[ _ _ .� I■Ifll _ _MINOR I■I�I�I�Itll - --- -,�!■I■I■IAI ��IAI - -- -- - - - -- - -- gal VZO b• aD' 4.� D v•°•n' 4sa Y. v•° °• p r ti k I 0 o'� 'Qee.� .ope p•a .Qee •' a .Oeo Gi0 K k a � Z a®O �J n Q• 1 D H ^' y ' Rises• O y O (b j �� k N I • � � ID OQ 1 O al y�� OQ N a� al y0 i1 k 1 o - I m cD o c) I °o m a lb I 0 J � a o ^, a I O �.• 1 1 rb "C4 n " n In I ° 13 Risers ® 8"(t) 13 Risers 0 8 114'(-) F j n a �ti Cb ° 9" Tr, -Gds (min., typ.) m I O n u u 11 11 It It 11 It 11 It 11 It 11 11 It It II 11 I It II II 11 11 II 11 11 11 II 11 11 A•OlPe n u n n u u n u u n u I n u u u u u n u u u u n c Io II ❑ II II II 11 II II II II II I II II 11 II II II II II II II II II - ��ci al0 II II II II II II II 11 II II II a II II II II II 11 II II 11 II II I I II II II 11 II II it 11 II II II II II II 11 II II II 11 II 11 II II II j Q (n (� .i� I D II 11 II II II II II II II 11 II III II II II 11 II 11 II II 11 II II II Q II II II II II II II II II II II D II II II tl II 11 11 II II II II I I - II II II II II II II II 11 Ii II II II II II II II 11 II II II II II O k – — _ - (b' n O 1 j' D N_ I O I y D 02 2 ZZ, , C til _ c n o' a� hod o b• a o•� 'pe..o ; •vee °•p 'p e.I ; .°4•ve� 1D , J T c �? JI ti k I a l k Gi0 K k a � Z a®O n Q• 1 J ti c �? o• �• 1 I n Q• 1 d 1 14" ^' ' Rises• O k N I 1 a � k 1 o - I cD I • I O �.• 1 1 n In I F j n J ti w r �• 1 I 1 O 1 a Q. Q o - 4 J ti w r II II II i it II I II II II II 1 11 t II II II II I Q K � WNoNii°�N .v e `^NN Qy II II II i it II I II II II II 1 11 t II II II II I K � U C°•j C e `^NN Qy t o a• .a �. .:Q 'gip A• .a ns .°D K � U C°•j C e o ^a k �� E ^k,° hpv,It110 NAll Q °v �10 ' o ak o it Lt `C1 1 11 11 11 11 Z Ct ° cto y :q) N ° •° 11 o ^a k �� E ^k,° hpv,It110 NAll Q °v �10 ' o ak o it Lt `C1 1 11 11 11 11 � 11 ° y y :q) N ° •° 11 �J 11 1 ;1 1 11 11 fl 11 11 " 1, 11 l b O N 11 " " ;, b II M '`O , ah°a .oayi ya vii lb �° pc a�o 11 11 11 OQ I 1, it C� 1, 1, 1 ,1 11 w , o ^a k �� E ^k,° hpv,It110 NAll Q °v �10 ' o ak o it Lt `C1 ` 11 11 h 11 II JaSU�,7 ' 11 11 11 1 11 II 11 11 1 1 1 11 11 11 11 11 11 11 11 11 ,1 .1 1, ty Q1 11 �J 11 1 ;1 1 11 11 fl 11 11 " 1, 11 b O N 11 " " ;, b II M '`O , 11 11 1, 11 11 11 I 1, it C� 1, 1, 1 ,1 11 , 11 1, N " M � b " 11 ^V bI, M 11 II 11 11 11 11 11 ` 11 11 h 11 II JaSU�,7 ' 11 11 11 1 11 II 11 11 1 1 11 1, 1 1, 11 --- ---- ----------------- 1 11 11 11 11 11 11 11 11 ,1 .1 aaso�� ty Q1 11 �J 11 1 ;1 1 11 fl 11 11 " b O N 11 " " b II M '`O 11 11 11 11 11 I it 1 ,1 11 11 1, 1 1, 11 --- ---- ----------------- a ycuaceI-, r-,�0-tj—EF%.ap`'o°a�Eio-p O Lv y Oil E•O °O 8.Op,•J O C I �LZtZ 3 p.CU�� y,`v� V. ~ q) v c� OpW J a� ov •�°� O t° S I I zz I O v� I� Qo '46i�! I .h QU I I I I I O ti 1 1 1 1 1 I vJiU l qL I I R1 I ayi �4d J a d y � I j o � o wC4 Ir 0 y i m ® N FUl'! --------------- M� IN Z o ell W� o ,I W ell ycuaceI-, r-,�0-tj—EF%.ap`'o°a�Eio-p O Lv y Oil E•O °O 8.Op,•J O C I �LZtZ 3 p.CU�� y,`v� V. ~ q) v c� OpW J a� ov •�°� O t° S I I zz I O v� I� Qo '46i�! I .h QU I I I I I O ti 1 1 1 1 1 I vJiU l qL I I R1 I ayi �4d J a d y � I j o � o wC4 Ir 0 y i m .0 0 4 d 3 3 in w O o• c � o q Ov�v CO ca -Z +v v H 2 Vvy•Oti Q3 H O v C'�` Pal = ® N FUl'! --------------- - �t Z o ell W� o ,I W .0 0 4 d 3 3 in w O o• c � o q Ov�v CO ca -Z +v v H 2 Vvy•Oti Q3 H O v C'�` Pal = o ,I W ell ------------ 0 y W � I Az O v A Z to 1 p O OSIb Q GX� � Q a�— ;P D D coo o o ,v y k O � o O (D �. p`O �a � � �k N o 1 o Vo , cep O O O C T y y n � Q a�— ;P D D coo o o ,v y Off+ O � o n lim (D �. p`O �a � � W N o 1 o Vo , Ib' C�b; 3I O O C T 1 y y fop , Lk I�ptv Si',T741rY� Z l o ac) Q) y R ° aj coo o o ,v y Off+ Wa o O h n lim o p`O �a QL W ^`rn o o Vo oy^, Ib' C�b; 3I O O C T 1 y y fop , j• y OOC<D Q U V O W ti a2 to y : :T- 47 -. i = R�EF �3 t VS ,, p N p o v, o a ti � tiox � O 0 o 0 l o ac) Q) y R ° aj coo o o noon �'�� o Off+ Wa o O h n lim o p`O �a QL I Coordinate height with Garage Door rough opening firemen is and finish floor height Max. 10'-0" top of Fdn (2) — 2 x 6 (p. t. ) Sill Plate with Sill Seal 12" min. nominal 3" width o o 0 OCb \Q Ib (max. �v o '� o Off+ Wa y 1 �! y QL W ^`rn o o Vo oy^, Ib' C�b; 3I O O C T 1 y y fop , 12" min. nominal 3" width o o 0 OCb \Q •A cp , O j tip 3\ 3 on a3y3y� Ck o 0„30 (max. �v o '� o Wa 1 �! 'O okm3'a ^`rn q1 �°°w k o J y j• y OOC<D Q U V O W ti ti to y �3 VS I ,nal Wa 1 �! 'O O, j q1 O 3• F N U V O W ti ti to y n J W VS ,, p N p o v, o a ti � tiox � O to O o� k v v I , , 4 I sj--a-41nbey 6unuojj joo0 a6oiog aaS -01 (,q/-) apoi6 mo;aq d0 -,y /;ons ;so -,j /o wo;;og R h � C L c� An� o U) 3 ............................................................ .'•f; D, • a6ouioJp JoJ adolS :1 1: ;1 1; ;1 1: ;I 1; l3yag „8-,0 (-) l3 7a21 : ® go1S d'7 ® VIS a6a-IDD )o dol 96DJD0 jo dol ;1 1: ,I 1: ;1 1: ;I 1: ;6..J .......... — O vu` _ T Q O qR114 Op V z . o+. o N o C', ' 0) �t J p/ o A ................. .. ............ .�. .............. LO LO -Vm- -4- V co `I ..... N t no R" ......... .. loth - — •1 i o i�D .1' ............ mR3� :gyp Q E� 3 00 O O •A •'LLe •l Jt �T iri rem . t • 1 . 1• ............................................................. ;.0 R a R 0 C 0 0 :�2 (13 rh O o�n W :o �•;m ------- ----_m-------------- R h � C L c� An� o U) rn I m A ? 24'-0" a o 12'-0" 12'-0" �• Ib 6'-6" 5'-6" 5'-6" 6'-6" X00 v+a � 9' x 8' Garage Door ; i Id 9' x 8' Garage Door c. I I. O O O �~O o o Zn �3oc i 5'-6" k 2 - Closet W11 A t I-II 0 I� S-0" 3 - �o tp .'-10" x 4'-9" - ": L1 D N r n 2'-6" I I I I I 1p 10'-0" d 4'-6" S -g ' I w " _ - a � a %' `V --- i ? I 0 jm Lao -8"F s 01Q{�- 1 00 IQ I n ZY lQ � " 2 _g10. 0 i v II , Y7- �ffEN A _ I 1 2'-10' x 4.-9,. g -0" b' -O,• o O 6'-0" ; (� Closet III p11 " - 5'-6" 74'-6" 12'-0" b O + O C q!12 O I O O�' '21 I O 3'•1$ O I /� o ;; , ---------------------- \ O Ca 1 ICb o O ti cD rn I �4 � O I I 0 ....................... t See Garage Door Framing Requirements" 12'-0" 4 rn I N Q rz ' II � ^W � v J Q Eil y Perpendicular to Floor Froming �oo� o a as c OJ O�� J - O ^3 y (b n WWi�C as a j ° a y BOO 1 r Perpendicular to Floor Froming �oo� rn3 as fnU00 OJ O�� mlvJ\ �U1 �C� WWi�C as a j ° y BOO � rn a ' rnQ O. J J O �A y wN 2 Rows n c O m 0 FP o ° y BOO a ' m R N CIy I+J�NNIv 0 y Di a a v v k v vO IVOp°IVo° NO�NO� NOWNOW J a� I ►vvO�lvvO�°�� ►vvO�tiO��h Zt (b O v �0 Q Q� j' yW O a ry Off,• n oovcrrnc>,•a. , O � n a a c \± Q 0 O j D a O I n c O c 0 FP 'Cl Z3 - y BOO a O O R N CIy I+J�NNIv 0 y Di p `q v v k v vO IVOp°IVo° NO�NO� NOWNOW J a� I ►vvO�lvvO�°�� ►vvO�tiO��h � (b ` a.rn�� a, Parallel to Floor Froming n c O c FP 'Cl Z3 - y BOO WW�NNIuNN IN iN (NNNIv CIy I+J�NNIv CI .� IV G� �]Nti y Di p `q v v k v vO IVOp°IVo° NO�NO� NOWNOW J i ►vvO�lvvO�°�� ►vvO�tiO��h � (b ` j' yW oovcrrnc>,•a. coVaVrnv, ocovODV�? cn � o V O) U1 U, 'A "1 Cy tV I` I` I` I S �O 0) C•D ? N pl •A •A N U1 O, (.,S v a O fi CN I`I 1 I`I`1`I`I` o��. toCo y V? 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