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Massachusetts Deparfiment of En ilronrnental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1617
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Amanda Hogan, Executive Director, Windrush Farm Therapeutic Equitation, Inc.
only the tab key Name
to move your 479 Lacy Street
cursor-do not Mailing Address
use the return
key. North Andover NIA 01845
City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
IL Conditions issued to:
Windrush Farm Therapeutic Equitation, Inc.
Name
April 29, 2014 242-1617
Dated DEP File Number
3. The project site is located at:
479 Lacy Street North Andover
Street Address City/Town
Map 105A Block 35 Lot 0
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex Northern
County Book Page
16219
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
10/8/14
Date
wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 1 of 3
Massachusetts Department sof Environmental Protection
ILL" Bureau of Resource Protection -Wetlarnds DEP File Number:
WDA Form $B Certificate of Compliance 242-1617
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
"'I
B. Certification
Check all that apply:
)� Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed. The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid.No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring that should continue for a longer period).
Condition Numbers:
72
C. Authorization
Issued by:
North Andover
Conservation Commission At, f Iss ance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
http://www.mass.govleea/agencies/massdep/about/contacts/fi nd-the-massdep-
regional-office-for-your-city-or-town.htmi).
Signatu.
wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 2 of 3
j Massachusetts Deparfiment.of fnn-ronmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B Cer cate of Compliance 242-1617
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
479 Lacy Street 242-1617
Project Location DEP File'Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for:
Windrush Farm Therapeutic Equitation, Inc.
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 3 of 3
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Massachusetts Department of Environmental Protection Provided by MassDEP:
�. Bureau of Resource Protection-Wetlands MassDEP File#:242-1617
WPA Form 5 -Order of Conditions eDEP Transaction#:646500
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Ibwn:NORTH ANDOVER
A. General Information
1. Conservation Commission NORTH ANDOVER
2.Issuance a. r OOC b.r Amended OOC
3.Applicant Details
a.First Name AMANDA b.Last Name HOGAN
c.Organization WINDRUSH FARM THERAPEUTIC EQUITATION,INC.
d.Mailing Address 479 LACY STREET
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a.First Name AMANDA b.Last Name HOGAN
c.Organization WINDRUSH FARM THERAPEUTIC EQUITATION,INC.
d.Mailing Address 479 LACY STREET
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address 479 LACY STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 105A e.Parcel/Lot# 35
f.Latitude 42.66139N g.Longitude 71.035117W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 16219
7.Dates
a.Date NOI Filed: 3/25/2014 b.Date Public Hearing Closed: 4/9/2014 c.Date Of Issuance: 4/29/2014
81inal Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
SITE PLAN 479 DONOHOE SURVEY PAUL J.DONOHOE,PLS April 4,2014 1"=20'
LACY STREET INC.
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Page 1 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1617
y WPA Form 5-Order of Conditions eDEP Transaction 4:646500
1
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
i a. r Public Water Supply b. r Land Containing Shellfish c.r Prevention of Pollution
d. F7 Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat
g. r Ground Water Supply h. r Storm Damage Prevention i. F Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.r 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.r 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.r 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 CNIR 10.05(6)(c).
3.r- Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource
area specified in 310CMR10.02(1)(a). a linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r Bank
a.linear feet b.linear feet a linear feet d.linear feet
5.r Bordering Vegetated Wetland
a.square feet b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways 3 3 0 0
a.square feet b.square feet c.square feet d.square feet
0
e.c/y dredged f.c/y dredged
7.r Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Page 2 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1617
WPA Form 5 - Order of Conditions eDEP Transaction#:646500
1
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.r Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.F- Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.F Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.r Coastal Dunes
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
15.r Coastal Banks
a.linear feet b.linear feet
16.r Rocky Intertidal Shores
a.square feet b.square feet
17.f-Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a.square feet b.square feet
c.c/y dredged d.c/y dredged
19.r Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
Page 3 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection- Wetlands MassDEP File#:242-1617
WPA Form 5-Order of Conditions eDEP Transaction#:646500
t�
(` Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.r Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
F 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.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BV W b.square feet of Salt Marsh
23.
r Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.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
I. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a.the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. 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 project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing.
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.
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
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,
Page 4 of 10*ELECTRONIC COPY
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Massachusetts Department of Environmental Protection Provided by MassDEP:
-� Bureau of Resource Protection-Wetlands MassDEP File#:242-1617
WPA Form 5 -Order of Conditions eDEP Transaction#:646500
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to 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 of Environmental Protection"
[or'MassDEP"]
File Number:"242-1617"
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 DEP.
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 413 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
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 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 REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) r is not(2)F 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 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 of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
Page 5 of 10*ELECTRONIC COPY
Lll � Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1617
WPA Form 5-Order of Conditions eDEP Transaction#:646500
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
�- 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 are in
proper working condition;v. any vegetation associated with post-construction 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 and
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")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 Stormwater 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 implement the requirements of Conditions 19(f)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 legally binding agreement.
fl The responsible party shall operate and maintain all stormwater BMPs 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 log 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 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 of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site 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.
Access 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.
Special Conditions:
SEE ATTACHED.
Page 6 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1617
WPA Form 5 - Order of Conditions eDEP Transaction#:646500
1 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-.NORTH ANDOVER
Page 7 of 10 ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1617
WPA Form 5 - Order of Conditions eDEP Transaction#:646500
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Fown:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
I- Is a municipal wetlands bylaw or ordinance applicable?F Yes r No
2. The Conservation Commission hereby(check one that applies):
a. F 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.
F APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178
p y PROTECTION
BYLAW
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,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10*ELECTRONIC COPY
LIMassachusetts Department of Environmental Protection Provided by MassDEP:
IN`�-
E.
Bureau of Resource Protection-WetlandsMassDEP File#:242-1617
46500
WPA Form 5 -Order of Conditions eDEP Transaction#: NDOMassachusetts Wetlands Protection Act M.G.L.c. 131,§40City/Town:NORTH ANDOVER
Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the original Order of Conditions. LL_
Please indicate the number of members who will sign this fon-n.This Order must be signed by .0 J
a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant.
Signatures:
il)A
� L1-�41L
F by hand delivery on P by certified mail,return receipt requested,on
L/I c O
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 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 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 on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
Page 8 of 9*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
.-- Bureau of Resource Protection-Wetlands MassDEP File#:242-1617
WPA Form 5 -Order of Conditions eDEP Transaction#:646500
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
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:
479 LACY STREET 242-1617
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner AMANDA HOGAN
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant Rev.4/1/2010
Page 10 of 10*ELECTRONIC COPY
DEP FILE #242-1617
Therefore, the North Andover Conservation Commission (hereafter the "NACU') hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
"GENERAL CONDITIONS
20. The proposed work includes: installation of a dry hydrant off Lacy Street. Installation
includes laying an 8-inch pipe to a suction hose located within an existing 17,000 s.f.
farm pond located on the Windrush Farm property. The suction line will be installed
within the existing gravel road and will connect to the hydrant. The proposed work is
within wetland resource area (Land Under Waterbody and Bank), and the 25-foot No-
Disturbance Zone and the 50-foot No-Build Zone. Waivers of Bylaw Regulation
Sections 5.1, 5.2, and 5.3 were granted to allow this work to occur. All areas will be
restored to existing grade and landscape cover.
21. The work shall conform to the following:
Applicant/Property Owner: Amanda Hogan (Executive Director)
Windrush Farm Therapeutic Equitation, Inc.
479 Lacy Street
North Andover, MA 01845
Representative: Paul J. Donohoe
Donohoe Survey, Inc.
363 Boston Street
Topsfield, MA 01983
Site Plans prepared by: Donohoe Survey, Inc.
Titled: Site Plan 479 Lacy Street
Dated: January 20, 2014 Revised: 4/4/14
Signed and Stamped by Paul J. Donohoe, PLS
Other Record Documents: Letter from Division of Fisheries and Wildlife
Date: April 25, 2014
NHESP Tracking No.: 14-33160
Waiver Request
Dated: 4/9/2014
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DEP FILE #242-1617
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 ears from the date of
this order.
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 thirty
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.
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DEP FILE #242-1617
30. 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.
31. 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).
32. The following wetland resource areas are affected by the proposed work: Land Under
Waterbody, Inland Bank, and the Buffer Zone to Bordering Vegetated Wetland (BVW).
These resource areas are significant to the interests of the Act and Town ByLaw as
noted above and therein. The applicant has not attempted to overcome the
presumption of significance of this resource area to the identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas and
associated buffer zones on the site as shown on the plans dated referenced herein (WF
Al-A8 (no A3) connect to Al2-A15).
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No-
Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource except for areas shown as previously
developed on the herein referenced plan. The Conservation Administrator and/or
other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the
local Regulations).
35. Per the herein referenced letter from the Department of Fisheries and Wildlife: "No
soil or vegetation disturbance,work, clearing,grading or other activities related to
the subject filing may be conducted anywhere on this project site until the Division
has completed its MESA review."
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
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
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DEP FILE#242-1617
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.
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 242-1617."
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.
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 dated and detailed sequence of construction, including the installation of
erosion control, excavation and installation, addition construction and final
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DEP FILE #242-1617
stabilization.Work on this project must be done under seasonally dry conditions
(soils not saturated from snow melt or prolonged rain). The start date will be
approved by the Conservation Department.
44. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
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. A minimum 12" straw wattle or other erosion control approved by the Conservation
Department shall be placed between all construction areas and resource areas as
shown on the herein referenced plan. The erosion control barrier will be properly
installed and placed as shown on the plans approved and referenced herein and shall
be inspected and approved by the NACC 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
thisjroect to mitigate an acts which could result from site erosion
p g Y impacts , 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 20' of silt sock (or an equivalent length of hay bales). Said
silt sock/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
$1,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
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DEP FILE #242-1617
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 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.
49. 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.
50. Prior to construction, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" (or other appropriate location as field determined with the
Conservation Department at the pre-construction meeting) on all delineated wetlands
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). Markers may be mounted to existing vegetation or on 4" x 4"
pressure treated posts. These markers will designate 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).
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DEP FILE#242-1617
51. 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.
52. 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, 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
53. 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.
DURING CONSTRUCTION
54. Upon beginning work, the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence.
55. Prior to the completion of waterline construction, the applicant will remove a pile of
creosote soaked utility poles from the wetland resource area (adjacent to wetland flags
Al2/13). These poles shall be properly disposed of or stored in a location outside of
the 100' Buffer Zone.
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DEP FILE #242-1617
56. Approved de-watering activities shall be supervised and witnessed by the designated
erosion control monitor. De-watering activities shall be conducted as detailed on the
approved plans and shall be monitored daily by the erosion control monitor to ensure
that sediment laden water is appropriately settled prior to discharge toward the
wetland resource areas. No discharge of water is allowed directly into an area subject
to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland
Bylaw. If 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.
57. Construction access shall be within the established erosion control. At the end of each
work day, sediment tracked onto the roadway will be swept.
58. 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.
59. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 1St of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as directed by the Conservation Department)
until climate conditions allow for seeding. During construction, any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of
mulch hay or other means as directed by the NACC.
60. All original grades will be restored upon completion of construction. 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.
61. A stockpile area is not shown on the herein referenced plans. If material will be
stockpiled overnight it shall be covered and more than 50' from wetland resource
areas or a contingency stockpile location shall be approved by the Conservation
Department.
62. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
63. 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
242-1617,Lacy Street 479-Windrush Hydrant OOC 8 NACC 4/29/2014
DEP FILE #242-1617
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.
64. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
65. 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
66. 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.
67. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen,
low phosphorous 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.
68. 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.
69. 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.
70. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
71. 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."
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DEP FILE #242-1617
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 (P.E.) (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 then the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools,retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes as disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
72. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas on lot except in
those locations approved under DEP # 242-1617. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(See Section 3.4 of the Regulations for performance standards within these
zones). The Conservation Administrator and/or other agents of the NACC
242-1617,Lacy Street 479-Windrush Hydrant OOC 10 NACC 4/29/2014
DEP FILE #242-1617
do not have the authority to waive these setbacks as established under the
local ByLaw;
➢ Resource Area Markers (Condition#50)
➢ Discharge or spillage of pollutants (Condition #65);
➢ Prohibition of underground fuels (Condition#66);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#67);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition #68).
242-1617,Lacy Street 479-Windrush Hydrant OOC 11 NACC 4/29/2014
p
DEP FILE #242-1617
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
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.
(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)
242-1617,Lacy Street 479-Windrush Hydrant OOC 12 NACC 4/29/2014
Bk 11898181----
01-44-2014 al 03 2 S8o _
ABOVE FOR REGISTRY OF DEEDS USE ONLY
COVER SHEET
THIS IS THE FIRST PAGE OF THIS DOCUMENT
DO NOT REMOVE
RA M-Ok GRANTEE
ADDRESS OF PROPERTY CITY/TOWN
TYPE OF DOCUMENT
MLC ASSIGNMENT
TYPE
DEED 61)
MORTGAGE NOTICE
DISCHARGE SUBORDINATION
TYPE
AFFIDAVIT CERT
TYPE
DEC OF HOMESTEAD UCC
TYPE
DEC OF TRUST
OTHER r �J
DESCRIBE
Essex North Registry of Deeds
Robert F.Kelley, Register
354 Merrimack St. Suite 304
Lawrence,Massachusetts 01843-1755
(978)683-2745 www lawrencedeed'xcom
Doc'. Bk 11898 Pg201 #181
' Essex North Land Court itu istry
8851A.Kittredge.Tr.Cert/wipdec/122309/G
spy d Coad Document
P9�� H T M
Afiftt
' toMAM�r dOMdR
THE KITTREDGE FAMILY PRESERVATION TRUST
CERTIFICATE OF TRUSTEE
The undersigned Trustee of the KITTREDGE FAMILY PRESERVATION
TRUST, dated December ,319t, 2001, filed in the Essex North District
Registry of Deeds, as Document #77297, in the Registered Land
Office, hereby certifies that:
1. I am the Trustee of said Trust;
2. Said Trust has not been amended, revoked or
4 terminated;
3. No beneficiary is (a) ,a minor, (b) a corporation
-S selling all or substantially all its Massachusetts
assets, (c) the personal representative of an estate
subject to an estate tax lien, or (d) now deceased or
�- under any legal disability;
4. In accordance with said Trust, the Trustee has been
authorized by the owners of a majority of the
beneficial interests to execute the following:
(a) Deed conveying the real estate commonly known as
Lot 4, containing 2.842 acres, shown on a plan
filed with said Registry, as Land Court Plan No.
19334E (Property address: Lacy Street, North
Andover, Massachusetts) to WINDRUSH FARM
THERAPEUTIC EQUITATION, INC. , for nominal
consideration;
(b) Deed conveying the real estate consisting of four
parcels of recorded land and two parcels of
registered land (one of which is owned by the
Trust) , located both north and south of Lacy
Street,. North Andover, to the TOWN OF NORTH
ANDOVER, for $1, 900, 000.00;
(c) Boundary Line Agreement with the Commonwealth of
Massachusetts for property located on the south
side of Lacy Street, North Andover;
Bk 11898 Pg202 #181
(d) Conservation Restriction to Essex County Greenbelt
Association, Inc., and the Town of North Andover,
for approximately 23.346 acres known as Windrush
Farm in North Andover, for $600, 000.00; and
(e) Any and all other documents which may be required
in connection therewith.
5. The existence or nonexistence of a fact which
constitutes a condition precedent to acts by the
Trustee or which are in any other manner germane to
the affairs of the Trust, shall be binding on the
Trustee and the trust estate in favor of a purchaser, .
lender or any other person relying in good faith on
this Certificate.
i
I
Witness my hand -and seal this 23rd day of December , 2009.
MARJ IE 'V. KITTREDGE3 Trustee
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this 23rd day of December 2009, before me, the
undersigned notary public, personally appeared, MARJORIE V.
KITTREDGE, Trustee as aforesaid, proved to me through satisfactory
evidence of identification, which was personal knowledge, to be the
person whose name is signed on the preceding document, and who
swore or affirmed to me that the contents of the document are
truthful and accurate •to the best of her knowledge and belief.
`````,�pl1�EtI t1lll�i
Notar lic
2P� 26.
fid. {n
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•� • BEs 11898
01-04-2010 a 032585- .
BOUNDARY LINE AGREEMENT
This Agreement made this 00 day of December, 2009, by and
between MARJORIE V. RITTREDGE, Individually and as Trustee of
the KITTREDGE FAMILY PRESERVATION TRUST, u/d/t December
31, 2001 and filed in the Registered Land Office, Essex North
District Registry of Deeds, Document #77297, (together with its
Q
successors and assigns, "Kittredge"), with an address of 31 Brookview
Road, Boxford, Massachusetts 0 192 1, and the COMMONWEALTH OF
MASSACHUSETTS, acting by and through its Department of
Conservation and Recreation, 251 Causeway Street, Boston, MA 02114
("Commonwealth") acting under the authority of and in accordance with
Chapter 21, Sections 1 and 3, and Chapter 132A, Sections 2 and 2A of the
Massachusetts General Laws, as amended.
WITNESSETH:
WHEREAS, KITTREDGE and the COMMONWEALTH are adjoining
owners of land located on the south side of Lacy Street, in the Town of
North Andover;
Bk 11898 Pg187 #175
i'
WHEREAS, the adjoining owners are uncertain as to the location of
the common boundary line between,their respective parcels and are
desirous of establishing a fixed boundary line; and
WHEREAS, a land survey plan has been prepared entitled, "Plan of
Land in North Andover, MA, Property of Marjorie V. Kittredge, Scale: 1" _
40" prepared by Donohoe and-Parkhurst, dated December 8, 2009, and
to be recorded in the Essex County Registry of Deeds (the "Plan"), which
establishes the fixed boundary line of the parties by courses and
distances and suitable permanent monuments have been set;
NOW, THEREFORE, the parties hereby agree that the fixed
boundary line between their respective parcels of land shall be
established as set forth on the Plan to be recorded herewith in the Essex
County Registry of Deeds at Plan Book q� ( � ,
Ply the "Plan ,
such line being bounded and described according to said Plan as follows:
Beginning at point"A" being a point at the southeasterly corner of
Parcel 5 as shown on the Plan; thence
860'30152"W three hundred seventy (370.00) feet to point"B";
thence
N31034'16"W four hundred eighty (480.00) feet to point"C" at
Lacy Street.
The land belonging to Kittredge being north and east of the
above described lines and the land of the Commonwealth being
south and west of the above described lines.
Bk 11898 Pg188 #175
Commonwealth of Massachusetts
Department of Conservation &
Recreation
dOK. :n,om
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK, SS. December , 2009
On this 1 V'day of December, 2009, before me, the undersigned
Notary Public, personally appeared Richard K. Sullivan, Jr. who proved
to me through satisfactory evidence of identification, which
was pw9gE!5% 1Cncwled5e. , to be the person whose name is signed on
the preceding or attached document, and acknowledged to me that he
signed it voluntarily for its stated purpose as Commissioner of the
Commonwealth of Massachusetts, Department of Conservation and
Recreation.
^LIF .
jb
� :•. F* 1;1,,2
Nates 'V�u.HalliIdob .4-'
1�Ca4G! pt,bh L
Bk 11898 Pg189 #175
Executed the date first above written.
V/
Marj 'e V. Kittredge, Inditidually
And as Trustee of the Kittredge
Family Preservation Trust
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ESSEX, SS. December 23 , 2009
Then personally appeared Marjorie V. Kittredge, Individually and
as Trustee of the Kittredge Family Preservation Trust, known to me,
proved to me through satisfactory evidence of identification, which
was_p&==aj knnyl edgg__, to be the person whose name is signed on
the preceding or attached document, and acknowledged to me that she
signed it voluntarily for its stated purpose, individually and as Trustee as
aforesaid,
Beforee,
�NtIN!!h
Notary c: O
My Commis n Expir ''`t•V0
I •.Ry � , `
Samna
Bk 11' 17 Ps6 J:1638
01-20-2010 8 Ia2 = 340
ABOVE FOR-REGISTRY OFDEEDS USE ONLY
COVER,SHEET
THIS IS THE FIRST PAGE OF THIS DOCUMENT
DO LVOT REMOVE
7—Rm d liel14-44 jh -
md ' `ovt'C /Ci ted A. aGr�/r9�t &4 l
'GRANTOR i `G Pitsa-d �
n�e.c Aor
ADDRES OF 1YROPERTY Cf y,/TOWN
TYPE OF DOCUMENT
MLC ASSIGNMENT
TYPE
DEED 6D
MORTGAGE NOTICE
TYPE
DISCHARGE SUBORDINATION
AFFIDAVIT CERT
TYPE
DEC OF HOMESTEAD UCC
TYPE.
DEC OF TRUST
OTHER 01JW 0
DESCRIBE
Essex North Registry of Deeds
Robert F. Kelley, Register
354 Merrimack St. Suite 304
Lawrence,MA 01843
(978) 683-2745
www.lawrencedeeds.com
Bk 11917 Pg7 #1638
D0 C■YY s VY7 01--20-2410 22227
- Essex North Lund Court Pmistrs
WIPWA
�TOWN OF NORTH ANDOVER .
ORDER OF TAKING
!.
tRUSH FARM—LACY STREET
WHEREAS,THE INHABITANTS OF THE TOWN OF NORTH
ANDOVER voted by majority vote in favor of a motion made under Article 8 at the
Annual Town Meeting held on May 12 and 13,2009,which motion provided
That$2,500,000 be appropriated for the acquisition by purchase or en' ent
domain of a fee simple imerest or lesser interest in a parcel of land of approxi nately
188 acres of land within the bounds of North Andover owned by any or all of the
following:Marjorie V. Kittredge,the Kittredge Family Preservation Trust or a Trust
for Public Land as shown on Assessor's Map 105A,Parcels 9, 10, 12, 14 and 16 and as
also described in a deed recorded at North Essex District Registry of Deeds' Book
940,Page 382,and in Registered Land Certificate of Title Number 13845,Book 109,
Page 129 and Registered Land Certificate of Title Number 5096,Book 34,P 385,
but excluding the property transferred by Marjorie V.Kittredge,Trustee,to I arm
Therapeutic Equitation,Inc.by deed dated August 26,2005 and recorded as kegistered
Land Document Number 90198,and expenses incidental and related thereto to be
managed and controlled by the Conservation Commission of the Town of Nt irth
Andover in accordance with Massachusetts General Laws Chapter 40,Sect* n Be for
conservation and passive recreation purposes;that to meet said appropriatiOl L the
Treasurer with the approval of the Board of Selectmen is authorized to bom w
$2,500,000 under Massachusetts General Laws Chapter 44 and/or 44B,the I-,ommunity
Preservation Act,or any other enabling authority;and that the Town be
rlwplStarotk�aodevAr+6dim6�nibcdQ ofhbng.dae
Bk 11917 Pg8 #1638
authorized to file on behalf of the Town of North Andover any and all applica 'ons
deemed necessary under the Self-Help Act(Massachusetts General Laws Cha ter
132A,Section 11)or any other applications for funds in any way connected v'th the
scope of this acquisition,and that the Town Manager,the Board of Selectmen,and the
Conservation Commission be authorized to enter into all agreements and execute any
and all instruments,including permanent deed or conservation restrictions,in
accordance with Massachusetts General Laws Chapter 184,on terms and con 'tions
they deem to be in the best interest of the Town and as may be necessary on I ehalf of
the Town of North Andover to affect said purchase.
NOW THEREFORE,the Board of Selectmen of the Town of North Andover,
acting pursuant to the authority granted to it by the aforesaid vote of the Tow a
Meeting,and in accordance with the provisions of Massachusetts General La vvs,
Chapter 79 and all other power and authority to it granted or implied,DOES
HEREBY TAKE BY EMINENT DOMAIN IN FEE SIMPLE,for the pm poses set
forth in said vote of the Town Meeting,the parcels of land containing appro 'mately
160 acres,and shown on Assessor's Map 105A,Parcels 9, 10, 12, 14 and 16 and more
particularly described in Appendix A attached hereto and incorporated by re erence
herein,together with all easements and rights appurtenant thereto,including the trees
standing thereon,and excluding any and all easements for public utilities an I excluding
any and all easements for public highways and public travel in and to any at d all
streets and public ways included within and/or contiguous or adjacent to sai area
The amount of Two Million Five Hundred Thousand($2,500,000 )
Dollars has already been paid to Marjorie V.Kittredge,Individually,and as Trustee of
«a«rs»smo�ocas aFwda.ao
Bk 11917 Pg9 #1638
the Kittredge Family Preservation Trust. This Order of Taking is to clear any title
issues,if any,with regard to the Town's acquisition of said land.
The Selectmen of the Town of North Andover,on behalf of The Inhal itants of
the Town of North Andover,hereby execute this Taking on this 21"day of D member,
2009.
THE INHABITANTS OF THE TOWN C F
NORTH ANDOVER
B
By:
B
COMMONWEALTH OF MASSACHUSETTS
Essen,ss: December 21,2009
On this 21"day of D ber, 09,before rne,,the undersigned n,, blio,
pe ared oe
wIr
Lc��Q ho are
Wally known to me and who are person(s)whose name(s)are signed the
preceding document,and acknowledged to me that he/she signed it volun y for its
stated purpose,as Selectmen of the Town of Nor"
4 91.01
Notary Publi!c/�7
My commission expires• ' 20//f
w.MpSikraeMpaodowlwfednuh 8imslada dakio/.doe
Bk 11917 Pg10 #1638
APPENDIX"A"
PROPERTY DESCRIPTION
Redstered Land Parcels flmown as Lots 5&7)
Lot 7:A certain parcel of land,north of Lacy Street in North Andover,Essex County,
Massachusetts containing 59.0 acres shown as"Lot 7" on a plan entitled"Plai L of Land in
North Andover,MA,Scale: 1"= 100"',dated July 28,2009 and prepared by Donohoe&
Parkhurst,Inc.,as modified and approved by the Court,as copy of a portion c f which will
be filed with the Essex North Registry District of the Land Court as Plan No. 19334F
("Land Court Plan 19334F).
Meaning and intending to convey a portion of the first parcel of land described as Parcel
"Al"in a deed from Charles Kittredge and Marjorie V.Kittredge to Marjorie V.Kittredge
dated May 26, 1961,filed with the Registered Land Office,Essex North Dist'ct Registry
of Deeds as Document# 16154 as shown on Certificate of Title No. 5096.
To the extent applicable,Lot 7 is subject to the flow of natural water course
through the same and shown on said plan as Fish Brook and further subject to rights of
way over the ways,as approximately shown on Land Court Plan No. 19334A,dated June
21, 1944,for the benefit of the lands of Chester Killarn as set forth in a stipul ition
between William P.Hooker et ux and Chester Killam,and all other persons I LwMy
entitled thereto in and over the same, a copy of which is filed and registered Document
No.9103.
Lot 5: A certain parcel of land,south of Lacy Street in North Andover,Esse x County,
Massachusetts containing 41.176 acres shown as"Lot 5"on a plan entitled" Ian of Land
in North Andover,MA, Scale: l"=80'",dated July 25,2009 and prepared Donohoe
&Parkhurst,Inc.,as modified and approved by the Court,as copy of a Porti n of which
will be filed with the Essex North Registry District of the Land Court as Pl No.
19334E.
Meaning and intending to convey a portion a parcel of land described as"Pa rcel Bl,"
conveyed to the Kittredge Family Preservation Trust by deed of Marjorie V.Kittredge
dated December 31,2001 and filed with the Registered Land Office,Essex I lorth District
Registry of Deeds as Document#77298 as shown on Certificate of Title No. 13845.
Recorded Land Parcels as Parcels 3.4.5.and 6
Parcel 5: A certain parcel of land,south of Lacy Street in North Andover,I ssex.County,
Massachusetts containing 4.663 acres shown as"Parcel 5" on a plan entitled "Plan of
Land in North Andover,MA,Scale: V=40"',dated December 8,2009 and prepared by
Donohoe&Parkhurst,Inc.Said Plan is be recorded in the Essex North Dist 'ct Registry
of Deeds herewith as Plan No. 16199.The southern and western boundaries of said parcel
w.%v o51�W=tbranftWWAud hrme4=ftVw doo
Bk 11917 Pg11 #1638
are in accordance with a Boundary Line Agreement between Marjorie V.Kittredge and
the Commonwealth of Massachusetts,dated December 8 2009,and to be rem rded in the
Essex North District Registry of Deeds,herewith.
Meaning and intending to convey the fifth parcel conveyed to Marjorie V.Ki tredge,
individually and as Trustee,by deed of Charles Kittredge and Marjorie V.Kil tredge
dated May 26, 1961 and recorded with the Essex North District Registry of D eeds in
Book 940,Page 382.
Parcel 4: A certain parcel of land,north of Lacy Street in North Andover,Essex County,
Massachusetts depicted as containing 11.8+acres shown on a plan entitled "I Ilan of Land
in North Andover,MA,Property of Marjorie V.Kittredge,Scale: 1"—50'"1 dated
August 3,2009 and prepared by Donohoe 8c Parkhurst,Inc.and recorded her twith in the
Essex North District Registry of Deeds herewith as Plan No. 16199.
Meaning and intending to convey the fourth parcel conveyed to Marjorie V.I Uttredge,
individually and as Trustee,by deed of Charles Kittredge and Marjorie V.Ki tedge
dated May 26, 1961 and recorded with the Essex North District Registry of I ceds in
Book 940,Page 382.
Parcels 3&6:Two certain parcels of land,north of Lacy Street in North Ar dover,Essex
County,Massachusetts containing approximately 42.5 acres,being the third d sixth
parcels of land described in a deed from Charles and Marjorie V.Kittredge Marjorie
V.Kittredge dated May 26, 1961,and recorded with the Essex North DistriDeeds
Book 940,Page 382,and more particularly described as follows:
A certain piece of woodlot and adjoining the Cedar Swamps in said I Torth
Andover,bounded and described as follows:
Northerly and Easterly by other land hereby conveyed(being Lot 7 on
Land Court Plan 19334F);
Southerly and Westerly by land now or late of Charles Chapt n.
Said parcel is believed to contain about two and one-half acres.
And
A certain parcel of vacant land situated in North Andover,bounded i nd described
as follows:
Northerly by Cedar Brook and by land of the heirs of Charl Perley;
Easterly by land now or formerly of Benjamin Barnes,John L.Killam,
Peter Perley,and John'Ward;
Southerly by land now or formerly of Porter Perley;and
Westerly by land now or formerly of Jonathan.Parons,Sam 1 Perley,and
others.
2
Bk 11917 Pg12 #1638
Said parcel is believed to contain about forty acres.
Meaning and intending to convey the third and sixth parcels conveyed to Mar, orie V.
Kittredge,individually and as Trustee,by deed of Charles Kittredge and Mari nie V.
Kittredge dated May 26, 1961 and recorded with the Northern Essex DistrictRegistry of
Deeds in Book 940,Page 382.
3
1 '
Sk 118V8 Pm203 X182
01—�44--2014! a'1 L�3 «St;a
ABOVE FOR.REGISTRY OF DEEDS USE ONLY
COVER SHEET
THIS IS THE FIRST PAGE OF THIS DOCUMENT
vk�,t,-DO NOT REMOVE
C�,!JRMR GRANTEE
Are-
AA-ADDRESS OF PROPERTY CITY/TOWN
TYPE OF DOCUMENT
MLC ASSIGNMENT
TYPE
f'DEED 6D
MORTGAGE NOTICE
DISCHARGE SUBORDINATION
TYPE
AFFMAVIT CERT
TYPE
DEC OF HOMESTEAD UCC
TYPE
DEC OF TRUST
OTHER
DESCRIBE
Essex North Registry of Deeds
Robert F. Kelley, Register
354 Merrimack St.Suite 304
Lawrence,Massachusetts 01843-1755
(978) 683-2745 www.lawroncedeeds.com
Doc Bk 11898 Pg204 #182
" Ct f-0-al&221
Essex WOO land Caurt Resists
i LAND COURT, BOSTON.The land
herein desatfbMill be shown on
t41l��/l�9fIAIMi our aps pIan to follow as
DEC 2 Z 2W9
i Plan /WY'4�Lot-7 _
(EXAMINED AS DESCRIPTION ONLY)
* T.C. PQNTBRIAND
ACTING CHIEF ENGINEER
Tl67
OUITCLMM DEED
1,MARJORW V.KITTREDGE,individually and as Trustee of the Kittredge Family
Preservation Trust under Declaration of Trust dated December 31,2001,and filed with as
Document No.77297,having an address of 31 Brookview Road,Boxford,MA 01921
("Grantor"),for the consideration of One Million Nine Hundred Thousand and Noll 00's
($1,900,000.00)Dollars,received to the full satisfaction of Grantor hereby grant to the TOWN
'n OF NORTH ANDOVER,a Massachusetts municipal corporation,having an address at 120
oMain Street,North Andover,MA 01845("Grantee'),acting by and through its Conservation
Commission for administration,control,and maintenance under the provisions of M.G.L.,
0 Chapter 40,§ 8C,as amended,with QUITCLAIM COVENANTS that certain real property
having a property address of Lacy Street,North Andover,Massachusetts,being four parcels of
. recorded land and two parcels of registered land,located both north and south of Lacy Street,
more particularly descnW below. -
" Registered Land Parcels(known as Lots 5&7)
0
V Lot 7: A certain parcel of land,north of Lacy Street in North Andover,Essex County,
Massachusetts containing 59.0 acres shown as"Lot 7"on a plan entitled"Plan of Land in
North Andover,MA,Scale: F'=100"',dated July 28,2009 and prepared by Donohoe&
x Parkhurst,Inc.,as modified and approved by the Court, as copy of a portion of which
will be filed with the Essex North Registry District of the Land Court as Plan No. 19334F
b ("Land Court Plan 19334F).
m
Meaning and intending to convey a portion of the first parcel of land described as Parcel
ra "Al"in a deed from Charles Kittredge and Marjorie V.Kittredge to Marjorie V.
Kittredge dated May 26, 1961,filed with the Registered Land Office,Essex North
District Registry of Deeds as Document# 16154 as shown on Certificate of Title No.
5096.
O
M
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Bk 11898 Pg205 #182
To the extent applicable, Lot 7 is subject to the flow of natural water oourne running
through the same and shown on said plan as Fish Brook and further subject to rights of
way over the ways,as approximately shown on Land-Court Plan No. 19334A,dated June
21, 1944, for the benefit of the lands of Chester Killazn as set forth in a stipulation
between William P.Hooker et ux and Chester Killam, and all other persons lawfully
entitled thereto in and over the same,a copy of which is filed and registered as Document
No. 9103.
Lot 5: A certain parcel of land,south of Lacy Street in North Andover,Essex County,
Massachusetts containing 41.176 acres shown as"Lot 5"on a plan entitled"Plan of Land
in North Andover,MA,Scale: 1"=80"',dated July 25,2009 and prepared by Donohoe
&Parkhurst,Inc.,as modified and approved by the Court, as copy of a portion of which
will be filed with the Essex North Registry District of the Land Court as PIan No.
19334E.
Meaning and intending to convey a portion a parcel of land described as"Parcel B1,"
conveyed to the Kittredge Family Preservation Trust by deed of Marjorie V.Kittredge
dated December 31,2001 and filed with the Registered Land Office,Essex North District
Registry of Deeds as Document#77298 as shown on Certificate of Title No. 13845.
Recorded Land Parcels (known as Parcels 3.4.5.and 6)
Parcel 5: A certain parcel of land,south of Lacy Street in North Andover,Essex
County,Massachusetts containing 4.663 acres shown as"Parcel 5"on a plan entitled
"Plan of Land in North Andover,MA,Scale: 1"=40"',dated December 8,2009 and
prepared by Donohoe&Parkhurst,Inc. Said Plan is to be recorded in the Essex North
Distridt Registry of Deeds herewith as Plan No. ib1 eM . The southern and western
boundaries of said parcel are in accordance with a Boundary Line Agreement betty
Marjorie V.Kittredge and the Commonwealth of Massachusetts,dated December
2009,and to be recorded in the Essex North District Registry of Deeds,herewith.
Meaning and intending to convey the fifth parcel conveyed to the Grantor by deed of
Charles Kittredge and Marjorie V.Kittredge dated May 26, 1961 and recorded with the
Essex North District Registry of Deeds in Book 940,Page 382.
Parcel 4: A certain parcel of land,north of Lacy Street in North Andover,Essex
County,Massachusetts depicted as containing 11.8±acres shown on a plan entitled`Tlan
of Land in North Andover,MA,Property of Marjorie V. Kittredge,Scale: 1"=50"',
dated August 3,2009 and prepared by Donohoe&Parkhurst,Inc.and recorded herewith
in the Essex North District Registry of Deeds herewith as Plan No. 61 I
Meaning and intending to convey the fourth parcel conveyed to the Grantor by deed of
Charles Kittredge and Marjorie V.Kittredge dated May 26, 1961 and recorded with the
Essex North District Registry of Deeds in Book 940,Page 382.
2
Bk 11898 Pg206 #182
Parcels 3&6: Two certain parcels of land,north of Lacy Street in North Andover,
Essex County,Massachusetts containing approximately 42.5 acres,being the third and
sixth parcels of land described in a deed from Charles and Marjorie V.Kittredge to
Marjorie V.Kittredge dated May 26, 1961,and recorded with the Essex North District
Deeds Book 940,Page 382,and more particularly described as follows:
A certain piece of woodlot and adjoining the Cedar Swamps in said North
Andover,bounded and described as follows:
Northerly and Easterly by other land hereby conveyed(being Lot 7 on
Land Court Plan 19334F);
Southerly and Westerly by land now or late of Charles Chaplin.
Said parcel is believed to contain about two and one-half acres.
And
A certain parcel of vacant land situated in North Andover,bounded and described
as follows:
Northerly by Cedar Brook and by land of the heirs of Charles Perley;
Easterly by land now or formerly of Benjamin Barnes,John L.Killam,
Peter Perley,and John Ward;
Southerly by land now or formerly of Porter Perley;and
Westerly by land now or formerly of Jonathan Parons,Samuel Perley,and
others.
Said parcel is believed to contain about forty acres.
Meaning and intending to convey the third and sixth parcels conveyed to the Grantor by
deed of Charles Kittredge and Marjorie V.Kittredge dated May 26, 1961 and recorded
with the Northern Essex District Registry of Deeds in Book 940,Page 382.
This Deed is exempt from documentary excise stamp tax(M.G.L. Chapter 64D, § 1)as
Grantee is a town in The Commonwealth of Massachusetts.
There has been full compliance with the provisions of M.G.L. Chapter 7, § 40J.
The property conveyed hereby was acquired in part with the financial assistance from the
Massachusetts Community Preservation Act for the purposes of conservation and passive
recreation,under the provisions of M.G.L. Chapter 44B,and as such it is protected under
Article 97 of the constitution of the Commonwealth of Massachusetts.
3
Bk 11898 Pg207 #182
2N WITNESS WHEREOF,Grantor has caused this deed to be executed as of December 23 ,
2009.
CL u �-
MarjorQ V.Kittredge,Individ ly and as Trustee
of the Kittredge Family Preservation Trust
COMMONWEALTH OF MASSACHUSETTS
Essex, SS.
On this 23rd day of December 2009,before me,the undersigned notary public,personally
appeared Marjorie V. Kittredge, Individually and as Trustee for the Kittredge Family
Preservation Trust provided to me through satisfactory evidence of identification,which was
,Fer@onal knowledge ---'to be the person whose name is signed on the
preceding or attached document,and acknowledged to me that they signed it voluntarily for its
stated purpose.
I11tIN
Notary IM
''
My commission e;� %
�O.
4
Bk 11898 Pg208 #182
ACCEPTANCE BY BOARD OFSELECTMEN
We,the undersigned Board of Selectmen of the Town of North Andover,Massachusetts,
hereby certify that at a meeting duly held on December 21, 2009,the Board of Selectmen voted
to accept the foregoing Deed from Marjorie V. Kittredge,Individually and as Trustee of the
Kittredge Family Preservation Trust for the preservation of the natural resources of said Town
under the provisions of M.G.L. Chapter 40, §8C, as amende
COMMONWEALTH OF MASSACHUSETTS
Csstx ,ss. >20-91
On this —214 day of 20 0 before me,the undersigned notary public
personally appeared [
proved to me through satisfactoWevidence of identification,which nsisted of
to be the persons whose names are signed on the preceding or attached
document,and acknowledged to me that they signed it voluntarily for its stated purpose.
/�,2-..A,,, L,I L a 4��— -
Notary Public
My Commissi EAires: hof/7.0//
Bk 11898 Pg209 #182
ACCEPTANCE BY CONSERVATION COMMISSION
We,the undersigned Conservation Commission of the Town of North Andover,
Massachusetts,hereby certify that at a meeting duly held on December al,2009,the
Conservation Commission voted to accept the foregoing Deed from Marjorie V.Kittredge,
Individually and as Trustee of the Kittredge Family Preservation Trust for the preservation of the
natural resources of said Town under the provisions of M.G.L.Chapter 40, §8C,as amended.
COMMONWEALTH OF MASSACHUSETTS
gar,ss. ,20_
On this day 6of 20-J before me,the undersigned notary public
personally appeared
roved to me through s isfactory evidence of identification, which consisted of
,to be the persons whose names are signed on the preceding or attached
document,and acknowledged to me that they signed it voluntarily for its stated purpose.
Notary Public
My Commission Expires:))p,,q yD/l
Bk 11898 Pg210 #182
a
s�..�x,. •fir
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
Joyce A.Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9557
E-mail ibradshawCa�towno[horthandover.co�
This is to certify that the following vote was taken on Article 28 at the
Dissolved 2009 Annual Town Meeting held May 12,2009 and May 13,2009:
Article 28. Acquisition of Land - 188 Acres (Windrnsh Farm-Lac
v Street) Using
Community Preservation Funds. MAJORITY VOTE that $2,500,000 be
appropriated for the acquisition by purchase or eminent domain of a fee simple interest or
lesser interest in a parcel of land of approximately 188 acres of land within the bounds of
North Andover owned by any or all of the following: Marjorie V. Kittredge, the
Kittredge Family Preservation Trust or the Trust for Public Land as shown on Assessor's
Map 105A, Parcels 9, 10, 12, 14 and 16 and as also described in a deed recorded at North
Essex District Registry of Deeds in Book 940, Page 382, and in Registered Land
Certificate of Title Number 13845, Book 109, Page 129 and Registered Land Certificate
of Title Number 5096, Book 34, Page 385, but excluding the property transferred by
Marjorie V. Kittredge, Trustee, to Farm Therapeutic Equitation, Inc. by deed dated
August 26, 2005 and recorded as Registered Land Document Number 90198, and
expenses incidental and related thereto, to be managed and controlled by the
Conservation Commission of the Town of North Andover in accordance with
Massachusetts General Laws Chapter 40, Section 8C for conservation and passive
recreation purposes; that to meet said appropriation the Treasurer with the approval of the
Board of Selectmen is authorized to borrow $2,500,000 under Massachusetts General
Laws Chapter 44 and/or 44B, the Community Preservation Act, or any other enabling
authority; and that the Town Manager be authorized to file on behalf of the Town of
North Andover any and all applications deemed necessary under the Self-Help Act
(Massachusetts General Laws Chapter 132A, Section 11) or any other applications for
funds in any way connected with the scope of this acquisition, and that the Town
Manager, the Board of Selectmen, and the Conservation Commission be authorized to
enter into all agreements and execute any and all instruments, including permanent deed
or conservation restrictions, in accordance with Massachusetts General Laws Chapter
184, on terms and conditions they deem to be in the best interest of the Town and'as may
be necessary on behalf of the Town of North Andover to affect said purchase.
VOTED MAY 12,2009 .
ATTEW.
A True COW
oo..o" --,,,�
Town Merk