Loading...
HomeMy WebLinkAboutMiscellaneous - 575 OSGOOD STREET 4/30/2018 575 OSGOOD STREET 210/036.0-0003-0000.0 ,40RTN Town of North Andover 6 0 Office of the Planning Department R71VED Community Development and Services DFC 1 I I 5 0 F F I C Osgood Landing SSACH 16M Osgood Street 2007 tMV -a PH L., 0 7 Building#20,Suite 2-36 North Andover,Massachusetts 01845 Lincoln Daley J F A 0 R 1+�', Q Town Planner P(978)688-9535 NOTICE OF DECISION MASS t%CHUSE C F(978)688-9542 Bldg. ZBA Any appeal shall be filled Con/Com Health within (20)days after the Fire Chief Police Chief date of filling this Notice Town Clerk DPW/Engineers in the Office of the Town Clerk. Date: November 8, 2007 Date of Hearing, June 5,2007 thm November 6,2007 Petition of. Edgewood Retirement Community,Inc. 575 Osgood Street,North Andover, MA 01845 Premises affected: Edgewood Retirement Community,Inc. 575 &549 Osgood Street,North Andover, MA 01845 Map 36,Lot 3, 17, 18,& 19. Referring to the above petition for a Site Plan Review Special Permit,Section 8.3 and Section 13& Continuing Care Retirement Center& 10.3 Special Permit of the North Andover Zoning Bylaw. so as to allow: To construct 27 new cottages approximately 1400—2000 sf.each& a greenhouse of approximately 720 s.f.& anew 20 foot wide roadway with individual driveways to access the cottages,project will remove three existing buildings,a gravel access drive and a parking lot in the 100 foot buffer within the R-2 zoning district. Application for a Modification Special Permit to existing CCRC Special Permit Section 13.1 & 10.31 granted on October 5, 1989. After a public hearing given on the above date,the Planning Board voted to APPROVE the applicant's request to WITHDRAW WITHOUT PREJUDICE, Signed,, Richard Nardella, Chairman John Simons,Vice Chairman Alberto Angles, Clerk Richard Rowen, regular member Jennifer Kusek, regular member Timothy Seibert,alternate member 688-9541 BUILDING 688-9545 CONSERVATION HEALTH688-9540 PLANNING 688-9535 NOV��?MpEL/ BOARD OF r1'EALS X-, R Town of North.Andover ZONING BOARD OF APPEALS f Albert P.Manzi III,Esq.Chairman = Ellen P.McIntyre,Vice-Cbdrman Richard J.Byers,Esq.Clerk o� �oT Joseph D.LaGrasse j+� 6`• Richard M.Vaillancourt Astoaan MeinGerr Thomas D.Ippolito Daniel S.Braese,Esq. 'cs AP o'taP Michael P.Uporto 9SSACNU`iE T'OWII dab iih6 Stamp Site: 575 Osgood Street 36,Parcel 3),North Andover MA 10845 Site Plan Title: . Zoning Board of Appeals Plan located m North Andover,MA.,Record owner &applicant,Edgewood Retirement Commurnty,Inc.,clo Marlene Rotering, 549 Osgood Street,No. Andover,MA. Date(&Revised Dates): 3/10/09 Registered Professional Land Michael J. Sergi,#33191,Christiansen&Sergi, 160 Summer St Haverhill., Surveyor: MA 01830 Sheet/Dra Drawing No.06084 018 Building Plan Title: Edgewood Retirement Co ,Milk Barn Proposed New Construction By: DSA: Dewing&Schmid Architects,30 Monument Square,Suite 200B, Concord,MA 01742-1873 Date: 2.24.09 Sheet/Drawing: Landscape A 1.1,Milk Barn,Exterior Views A.0.1,#15&#17 Caroline Way, Proposed 1"Floor Plan A.1.1,,#15&#17 Caroline way,Proposed 2nd Floor Plan A.1.2,,#15&#17 Caroline Way Proposed Roof Plan A.1.3 Site Plan Title: Barn Roof and Ground Elevations,Edgewood Retirement Community,North Andover,MA,drawn for Edgewood Retirement Community, 575 Osgood Street,North Andover,Massachusetts 01845. Date &Revised Dates): 4/14/09 Registered Professional Land Stephen M.Melesciuc,#39049,Marchionda&Assoc.,L.P.,62 Montvale Surveyor: Ave., Suite 1,Stoneham,Ma.02180 Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi III,and Richard M. Vaillancourt- Na over Zoning Board of Appeal Alb/rt P.Manzi,III,Esq.,Chairman FAfen P.McIntyre, lice Chairman Richard J.Byers,Esq.,Clerk Joseph D.LaGrasse Richard M.Vaillancourt 2007-022. M36P3. Page 3 of 3 1600 Osgood Si,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiiorthandover.com rage 1 of 1 -Brown, Gerald From: Cheney, Skip Sent: Tuesday, February 24, 2009 11:46 AM To: Bellavance, Curt; Brown, Gerald; Community Development; Willett, Tim; Willis, Gene Subject: EDGEWOOD RETIREMENT Importance: High FYI Effective July 2009(fiscal year 2010) MAP: 36 PARCELS: 1'7, 18, & 19 will all be merged with MAP: 36 PARCEL: 3 per plan#15919 2/24/2009 Page 1 of 1 t , Brown,Gerald From: Robert W.Lavoie[davoie@devinemillimet.coml Sent: Friday,October 02,2009 11:58 AM To: Bellavance,Curt Cc: Brown,Gerald;Curran,Bernadette;Tymon,Judy;dmermelstein@tridentgrp.com Subject: Edgewood Historic Restriction as Recorded 10/1/09 at Registry of deeds Attachments:[Unsaved]20040415094411.pdf;Decision 2009 mod 2007-022.pdf Curt Hope all is well with you and your Division I am pleased to enclose a PDF of the Certified copy of the Edgewood Historic Restriction as Recorded 10/1/09 at Registry of Deeds at Book 11786,Page 282. Dave Mermelstein and I are scheduled for 3pm to meet with Mr Brown to go over items needed for the issuance of the Building Permit for the new Milk Barn Replacement Building,which replacement was the subject of the ZBA Modification we got earlier this year(also attached) I am bring the Certified copy of the Edgewood Historic Restriction as Recorded 10/1/09 at Registry of Deeds at Book 11786,Page 282 to deliver it to Mr Brown and the Zoning Department The Demo Delay was lifted by the North Andover Historical Commission on 5/5/09,after the ZBA vote on our Modification,and since that was accomplished less than 5 months ago,we seem to be well within the 6 months timeframe usually accorded building related permits and approvals before they become stale and sometimes need to be renewed Please feel free to call with any questions or concerns See you soon CONDITIONS 1. Prior to the issuance of any Building Permit for said petition and as a preconditi thereto,the Petitioner shall duly execute and record at the Essex North Registry of Deed: Preservation Restriction granting to the Trustees ofReservations,Reservations,North Andover Historic C another duly eligible recipien4 a Historic Preservation Restridion as to the Deacon John C located at 547 Osgood Street North Andover NIA as referenced in Book 11137 and Page : North registry of Deeds and further Identified on town assessor Map 36 Parcel 3; said Hi Rwric on shall be incorporated by reference herein and for an initial term of not less th copies to.the Board of Appeals. Upon Petitioner delivering a Certified Copy of the Histo: Restriction (recorded with the Registry of Deeds),and its acceptance by the eligible recip of Appeals and to the Building Department,this Condition shall be deemed satisfied Witt condition 1 of the Special Permit Modified Decision and a Building Permit may issue to I time. Thanks,Bob Robert W Lavoie Devine,Millimet&Branch 978 475-9100(voice) 978 470-0618(fax) NVINE MILLIMET Important Tax Advice Notice:United States Treasury Regulation Circular 230 requires that we Inform you that,unless expressly stated otherwise,any United States federal tax advice contained in this e-mail,including any attachments,Is not Intended or wdaen to be used,and cannot be used,by any person for the purpose of avoiding any tax penalties imposed by the Internal Revenue Code of 1886,as amended. Confidentialhv Notice:Please be advised that this e-mail and any files transmitted with it are confidential attorney-client communication or may otherwise be privileged or confidential and are intended solely for the inQrvidual or entity to whom they era addressed.If you are not the Intended recipient,please do not read,copy or retransmit this communioation and pease destroy it immediately.If you believe you have received this e-mail In error,please immediately notify Devine,Millimet&Branch,at 878475-9100.Thankyou. 10/2/2009 Bk 11786 Pg296 #28548 APPROVAL OF THE TOWN OF NOR OVER HISTORICAL COMMISSION We,a majority of the Historical Commission of the Town of NorthAn dover, Massachusetts,hereby certify that at a meeting duly held on this_ 1-f R_ day of ' 2009,the North Andover Historical Commission voted to approve the fo ing Historic Condition granted by Edgewood Retirement Community,Inc.to The Trustees Of Reservations,pursuant to Massachusetts General Laws,Chapter 184,Sections 31 through and including 33. By approving this giant of a Historic Restriction,we signify the North Andover Historical Commission's desire to carry out the intent of the Grantor and preserve and promote in perpetuity the historic values of the restricted premises for the benefit of this generation of townspe Ie and their descendants. Dane. 3 2009 NORTH ANDOVER HISTORICAL COMMISSION Ch _ gill COMMONWEALTH OF MASSACHUSE .83 On this day of2009, before me, thesigned notary ublic, personally appeared 12 d,64,0C S G � , a7'�tZM..v� ,� [�tib- , �.,t wlak 16ams gone-i. cricam. A proved to me through satisfacto evidence of identification, which was D driver's license.or personally known to me, and acknowledged to me that they signed it voluntarily for` ted purpose on behalf of said Historic Commission of the Town of North Andover. N is 44 L_.4 t4ahle4dGr My Commission Expires:aea— =rt'Iw ipws - {143271648M4W188983.6 } 15 i ' Bk 11786 Pg297 #28548 APPROVAL OF THE TOWN OF NORTH ANDOVER MASS&WSETTS We,a majority of the Board of Selectmen of the Town of North A NPdoyer,Massachusetts, hereby certify that at a meeting duly held on this 0-7 —day of ' ; 2009,the Board of Selectmen voted to approve as in the public interest the foregoidg Historic Restriction granted by Edgewood Retirement Community,Inc.to The Trustees of Reservations,pursuant to Massachusetts General Laws,Chapter 184,Sections 31 through and including 33. By approving this grant of a Historic Restriction,we signify the Town's desire to carry out the intent of the Gramor and preserve and promote in perpetuity the historic values of the restricted premises for the benefit of this generation of townspeople and their descendants. Data: lT ri Z7+ ,2009 BO OF! TMEN 'rm LIP %e r COMMONWEALTH OF MASSACHUSETTS S5c ss. qpp�,1 • On this o day of elr 009, before me, the undersigned notary public, pally proved me through satisfactory evi of identification, which was 0 driver's license or R7 personally known to pie, and acknowledged to me that they signed it voluntarily for its stated purpose on behalf of said Board of Selectmen of the Town of North Andover. tary,P�bIic My Commission Expir'8s: 114327"24U1 ISM3.6} 16 r Bk 11786 P9298 #28548 EXHIBIT A Preservation Restriction Premises ,r Deacon John Osgood House,547 Osgood Street,North Andover,Essex County,Massachusetts The Building comprising the Deacon John Osgood House is located on that certain parcel of land shown as Lot 7 on a Plan of Land dated April 11, 1989 prepared by Harry R Feldman,Inc. Land Surveyors,which Plan is duly recorded at the Essex North District Registry of Deeds as Plan #11656. Said Lot 7 contains 2.2 acres of land as shown on said Plan#11656,and reference may be had to said#11656 for a more particular description of Lot 7. For title reference,see deed of Samuel R.Rogers dated December 1,2004 and recorded with said deeds at Book 9223,Page 177. See also deed to Edgewood Retirement Community,Inc. dated April 10,2009 and recorded at Book 11137 Page 179. (Note: The Lot 7 has been consolidated with all the other land holdings of Edgewood Retirement Community,Inc.by virtue of that certain Approval Not Required Plan dated March 27,2008 and recorded with said deed as Plan#15919,in according with the decision of the North Andover Planning Board dated April 1,2008 and recorded with said deeds at Book 11137, Page 173. (14327W8241A0188983.6) ' s ESWX NORTH REGISTRY OF DEEDS LAAWRO40E,MASS. 110 J 2 -0'7 A TRUE COPY.ATTEST'. 1@R OF 0!Elt� Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman 77, Ellen P.McIntyre Vice-Cbairmati - ;+ o- rRichard J.Byers,Esq.Clerk FN6coo . • - :Joseph D.LaGrasse ` 0 is"! r Richard M.Vaillancourt �o Assoaate Memberr � " * t. Thomas D.I olito + PP - Daniel S.Braese,Esq. 'tiy +,,.e•�°'q`� e :; :' }4. Michael P.Liporto SSAcauS� Town Clerk Tssne�Siainp Minor Modification to Notice of Decision Year 2007 Decision Address: 575 Osgood.Street AME: Edgewood Retirement Community,Inc., MODIFICATION DATE: April 14,2009 DRESS: 575 Osgood Street, PETITION: 2007-022 North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,April 14,2009,at 7:30 PM in the Town Hall top floor meeting zoom, 120 Maio.Street,North Andover,MA upon the application of Edgewood Retirement Community,Inc.,575 Osgood Street(Map 36,Parcel 3),North Andover,MA for a minor modification to the Special Permit 2007-022. Edgewood Retirement Community,Inc.is requesting that the December 18,2007 Special Permit granted under Section 9,Paragraph 9.1 in order to aher/rehabilitate the pre- existing,non-conforming milk barn,within the 100' Continuing Care Retirement Center setback,for residential use to be modified in order to raze/construct a 2-unit residential structure. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Richard Ni Vaillancourt The following non-voting members were present: Thomas D.Ippolito, Daniel S.Breese,and Michael P.Liporto. Upon a motion by Richard J.Byers and 2nd by Ellen P.McIntyre,the Board found that the request to replace the words"alter/rehabilitate the pre-exiins non-conforming milk barn,within the 100' Continuing Care Retirement Center setback,for residential use"with the words"razeloonstrw a 2-unit residential structure"is a minor modification and that this modification does not alter the intention of the Special Permit decision 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter ("CONDITIONS"); Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert,P.Manzi III,and Richard M Vaillancourt. Upon a motion by Ellen P.McIntyre and 2°d by Joseph D.LaGrasse,the Board voted to GRANT Edgewood Retirement Community,Inc.'s request to replace the words"alter/rehabilitate the pre-existing,non-conforming milk barn,within the 100'Continuing Care Retirement Center setback,for residential use with the words "raze/construct"in the Special Permit 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter("CONDITIONS"); Page 1 of 3 1 1, 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Town of North Andover ZONING BOARD OF APPEALS A-lben P.Manzi III,Esq.Chairman Ellen P.McIntyre,Vin-Chairman ~ Richard J.Byers Esq.Clerk of��apT a .{, ^' W;, 20 Joseph D.LaGrasse 3r e�•,r �.•e �o� r f i ;• .. Richard M.Vaillancourt 6 Associate Members x * I Thomas D.Ippolito Daniel S.Braese,Esq 3y +�t.o�r`,ty f'3,i"z �^ - Michael P.Uporto SS^eHus Town Clerk Time Stamp CONDITIONS 1. Prior to the issuance of any Building-Permit for said petition and as a precondition to its issuance thereto,the Petitioner shall duly execute and record at the Essex North Registry of Deeds a Historic Preservation Restriefton granting to the Trustees of Reservations,North Andover Historic Conanissiom or another duly eligible r,ecfpierrt, a Historic FIreservation Restriction as to the Deacon John Osgood House located at 547 Osgood Street North Andover MA as referenced in Book 11137 and Page 179 at the Essex North registry of Deeds and further Identified on town assessor Map 36 Parcel 3; said Historic Preservation Restriction shall be incorporated by reference herein and for an initial term of not less than 30 years;with copies to the Board of Appeals. Upon Petitioner delivering a Certified Copy of the Historic Preservation Restriction(recorded with the Registry of Deeds),and its acceptance by the eligible recipient to the Board of Appeals and to the Building Department,this Condition shall be deemed satisfied with respect to this condition 1 of the Special Permit Modified Decision and a Building Permit may issue to Petitioner at that time. 2. The petitioner shall secure,and cooperate with,the Town of North Andover by and through its Board of Selectmen,the North Andover Historic Commission,the Massachusetts Historical Commission, and the Board of Appeals,and the aforementioned Eligible Recipient,in connection with and for the express purpose to secure an additional Confirmatory Preservation Restriction with respect to the Deacon John Osgood House(as described in the aforementioned paragraph)in perpetuity,or for as long as allowed by law. a)The Confirmatory Preservation Restriction shall fully satisfy the aforementioned Parties as evidenced by express writing(s)and or oral testimony by the Parties at a future public hearing of the Board of Appeals whereby the Board shall find:1)The terms and conditions contained within this Modification Decision have been conclusively satisfied;Said public hearing shall be docketed by the Board's Chairman or a majority of its members as prescribed by its rules on or before one(1)year from the date of issue of this Modified Decision,unless extended by the Board of Appeals b)Failure of the Petitioner to satisfy the terms and conditions of and for this Modified Decision to the Special Permit shall result in this Modified Decision being reviewed by the Board of Appeals at a future public hearing whereby the Board of Appeals may take any additional appropriate action relative thereto. Any and all conditions pursuant to the original special permit dated on or about December 18,2007 shall remain in full force and effect e)As and when all of the signatories to the Confirmatory Preservation Restriction,including but not the limited to the Massachusetts Historical Commission,reach agreement and acceptance of final terms of the Confnnatory Preservation Restriction,as evidenced by the document(s)itself,the Petitioner shall deliver the Confirmatory Preservation Restriction to the custodian,the Town of North Andover,and the Board of Appeals;and the Petitioner shall deliver and record the aforementioned Confirmatory Preservation Restriction at the Essex North Registry of Deeds after the Board of Appeals finds at the aforementioned public hearing that the conditions as set forth herein have been fully satisfied. Page 2 of 3 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiiorthandover.com Bk 11786 Pg295 #28548 ACCEPTANCE OF THE TRUSTEES OF RESERVATIONS re=a" 2009. s of Reservations hereby accepts this Restriction this day of jE THE TRUSTEES OF RESERVATIONS By: COMMONWEALTH OF MASSACHUSETTS Q4*m&e 2009 Before me,the undersigned notary public,personally appearedAM(aa, "whose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily, on behalf of the Trustees of Reservations, for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification, which was ❑ Photographic identification with signature issued by a federal or state governmental agency, D oath or affirmation of a credible witness, or personal knowledge of the undersigned. M mmiw� i2-..Li��2p�6 C , ; t14327{bas CAOIU9sa.6j 14 Bk 11786 Pg294 #28548 WITNESS the execution hereof under seal this_ day of rol2009. GRANTOR EDGEWOOD RETIREMENT COMMUNITY,INC. By: Its: COMMONWEALTH OF MASSACHUSETTS Fes'ss /3,2o09 Before me,the undersigned notary public,personally appeared Coes aw-a-whose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily, on behalf of Edgewood Retirement Community, Inc., for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, ❑ oath or affirmation of a credible witness, or personal knowledge of the undersigned. Pu 'c My commission expires:� s ' "M W.uallotE W=* am wo�Nw.tt+a.. (14327%49241 ISM93.6) 13 6 Bk 11786 Pg293 #28548 the State Archeologist of the Massachusetts Historical Commission (M.G.L. C. 9, Section 27C,950 CMR 70.00 [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] {I43271648241A0ISM3.6} 12 I Bk 11786 Pg292 #28548 2. If the Mortgagee receives an assignment of the leases,rents and profits of the Premises as security or additional security for the loan secured by the Mortgage,then the Mortgagee shall have a prior claim to the leases,rents,and profits.of the Premises and shall be entitled to receive same in preference to Grantee until the Mortgagee's debt is paid off or otherwise satisfied, notwithstanding that the Mortgage is subordinate in priority to the Restriction. 3. The Mortgagee or purchaser in foreclosure shall have no obligation,debt,or liabilityunder the Restriction until the Mortgagee or has in er foreclosure purchaser ores osure under it obtains ownership of the Premises. In the event of foreclosure or deed in lieu of foreclosure,this Restriction is not extinguished. 4. No contained in this Nothing paragraph or in this Restriction shall be construed to give any Mortgagee the right to violate the terms of this Restriction or to extinguish this Restriction by taking title to the Premises by foreclosure or otherwise. XIII. NIISCELLANEOUS. This instrument is not a deed. It does not transfer a fee interest to the Grantee. No Massachusetts deed excise stamps are affixed hereto as none are required by M.G.L. c. 64D, Section 1,as amended The Grantor shall record this instrument in timely fashion in the Essex North District Registry of Deeds. The conduct of archeological activities, including without limitation survey, excavation and artifact retrieval, may occur only following the submission of an archeological field investigation plan prepared by the Grantor and approved in writing by (14327M82"0188983b) 11 Bk 11786 Pg288 #28548 V. ACCESS, This Restriction hereby conveyed does not grant to the Grantee,to the general public, or to any other person any right to enter upon the Premises,except that the Grantor hereby grants to the Grantee and its successors at law, and grants to the North Andover Historical Commission, after reasonable prior notice to Grantor the right to enter the Premises in a reasonable manner and at reasonable times, and always in the presence of a representative of Grantor for the purposes of inspecting the Premises and the exterior of the Building to determine compliance herewith. The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for enforcement of this Restriction. VI. SF.Gi[JENT TRANSFERS. The Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument which divests the Grantor of any interest in all or a portion of the Premises, including, without limitation, a leasehold interest. After the recording of this Restriction, the term "Grantor"as used herein shall mean the fee record owner of the Premises, from time to time, and the Grantor's obligations and liabilities hereunder shall only be those arising during such person's term of ownership. VII. ASSIGNAHII.ITY. A. Running of the Aurden. Except as provided in paragraph M.A. and IV.C, the burden of these restrictions shall run with the land in perpetuity and shall be binding on all f sture owners of an interest therein. The right of enforcement shall be as provided for in MGL Chapter 184, Section 32, as enacted by the Acts of 1969, Ch. 666, Sec. S, as it may be amended from time to time. (14327%64824WI88983.6) 7 Bk 11786 Pg289 #28548 B. Execution of Instruments. The Grantee is authorized to record or file any notices or instruments necessary to assure the perpetual enforceability of this Restriction. ISI C. Running of the Benefit. The Restriction hereby imposed is in gross and is not for the benefit of or appurtenant to any particular lands. The Restriction shall not be assignable, WWW with the prior written approval of the Grantor or its successors or assigns then owning the Premises in each instance. In the event such approval is obtained, this Restriction may be assigned only to a governmental body or organization whose purposes at the time of assignment include preservation of historic property provided, however, that (i)as a condition of any assignment, the Grantee requires that the purpose of this Restriction continue to be carried out, and(ii)the assignee,at the time of assignment,qualifies under Section 32 of Chapter 184 of the General Laws as an eligible donee to receive this Restriction directly. The burden of this Restriction hereby imposed shall run with the Premises in perpetuity and shall be binding upon all firture owners of any interest therein during their tern of ownership. VIII. BUjKASE AND EXTINGUISHMENT. A. Grantee's Receipt of Prom Right. The Grantor and the Grantee agree that the donation of this Restriction gives rise for purposes of this paragraph to a real property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value that this Restriction determined at the time of its recording at the Essex North District Registry of Deeds bears to the value of the unrestricted Premises at that time. B. Value of Grantee's Property Ri1ri1t. Such proportionate value of the Grantee's property right shall remain constant. C. Rirtht of Grantee to Recover Proppjgonal Value at Disposition. If any occurrence ever gives rise to extinguishment or other release of the Restriction under applicable law,then {143271649MW 188983.6} 8 ti✓ Bk 11786 Pg290 #28548 ' I the Grantee,on a subsequent sale, exchange or involuntary conversion of the Premises, shall be entitled to a portion of the,proceeds equal to such proportionate value, subject, however,to any applicable law which expressly provides for a different disposition of proceeds; and further provided that upon the termination of this Restriction pursuant to Paragraph IIIA Grantee shall be entitled to NO portion of any such proceeds. D. GrantoffiMntee Coolie 'on Re ar i g Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority while this Restriction is in effect,then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action, and all related expenses incurred by the Grantor and the Grantee in connection with said recovery shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor or its successors and assigns of record,and the Grantee in shares equal to such proportionate value. E. Continuing Trust of Grantee's Share of Proceeds of Restriction Dig sition. The Grantee shall use its share of the proceeds in a manner consistent with the preservation purposes of this grant. IX. ESTOPPEL CERTIFICATES. Upon request by the Grantor, the Grantee shall within twenty (20) days execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance with any obligation of the Grantor contained in this Restriction. X. SEVERABILITY AND CONSTRUCTION. If any section or provision of this Restriction shall be held to be unenforceable by a court of competent jurisdiction,this Restriction shall be construed as though such section had not been {1432T16481AW I U993.6} 9 Bk 11786 Pg291 #28548 included in it. If any section or provision of this Restriction shall be subject to two constructions,one of which would render such section or provision invalid,then such section or Provision shall be given the construction that would render it valid. If any section or provision of this Restriction is ambiguous,it shall be interpreted in accordance with the policy and provisions expressed in M.G.L.c. 184.Sections 31 through 33. XI. EFFECTIVE DATE. This Restriction shaU be effective when the Grantor and the Grantee have executed it, and this document is duly recorded in the Essex North District Registry of Deeds. XII. MORTGAGE SUBORDINATION. A. Subordination. At the time of the conveyance of this Restriction, the Premises is subject to a Mortgage,Assignment of Leases and Rents, Security Agreement and Fixture Filing from the motor to Bank of America, N.A. (hereinaPwr the "Mortgagee") recorded on November 21,2008, as Instrument No. 29835 in the Essex North District Registry of Deeds at Book 11381, Page 302 (hereinafter "the Mortgage"). The Mortgagee joins in the execution of this Restriction to evidence Mortgagee's agreement that, subject to the following conditions and stipulations,this Restriction shall operate as if this Restriction had been recorded in time prior to the recording of the Mortgage: 1. Mortgagee and its assignees shall have prior claim to all insurance proceeds as a result of any casualty,hazard,or accident occurring to or about the Premises and all proceeds of condemnation proceedings,and shall be entitled to same in preference to Grantee until the Mortgage is paid off and discharged,not withstanding that the Mortgage is subordinate in priority to the Restriction. t i43271646241A0188WA) 10 V Bk 11756 PS28228548 10-01-2004 a1 0125353, HISTORIC PRESERVATION RESTRICTION TO THE TRUSTEES OF RESERVATIONS I. GRANTOR CLAUSE. Edgewood Retirement Community, Inc., a not-far-profit corporation organized under the ", co provisions of M.G.L. c. 180, having an address of 575 Osgood Street, North Andover, 0 Massachusetts 01845 (the "Grantor"), for nominal consideration of Ten Dollars paid, the receipt and sufficiency of which are hereby acknowledged, and pursuant to Sections 31, 32 and 33 of 0 b M.G.L. c. 184, does hereby grant and convey, with quitclaim covenants, to The Trustees of x 0 Reservations, a Massachusetts charitable corporation established under Chapter 352 of the Acts a of 1891,having an address of 572 Essex Street,Beverly,Massachusetts 01915 (the "Grantee"), a 0 historic preservation restriction (sometimes referred to as the Restriction), in perpetuity and b 000 exclusively for historic preservation purposes,upon certain land and the exterior of the structure o thereon (the "Building") located in Essex County in the Town of North Andover, Massachusetts consisting of the Deacon John Osgood House more particularly described in Exhibit A, attached m hereto; commonly known and numbered as 547 Osgood Street, North Andover, Massachusetts 0 01845 (the land and Building collectively referred to herein as the "Premises"). a� 4V P. 0, For the Grantor's title see Essex North District Registry of Deeds Book 9223,Page 177. (1432'A64824%AU188983.6) 1 Bk 11786 P9283 #28548 I1. PURPOSE. The Building is a historically and architecturally significant residence,which stands as an example of the 18th century rural nature of North Andover, Massachusetts, illustrates aesthetics of craftsmanship and setting, and possesses integrity of materials and workmanship. The parties agree that the preservation of the exterior of the Building will contribute to the preservation and maintenance of the character of the Town of North Andover. Accordingly, it is the purpose of this Restriction to assure that the architectural, historic, cultural and associated features of the exterior of the Building be retained substantially in its current appearance (as improved by the repair and replacement activities allowed under this Restriction)for historic preservation purposes and to prevent any material change of the exterior of the Building that will significantly impair or interfere with the Building's historic preservation values. III. GRANTOR'S COVENANTS AND CONDITIONAL AND RESERVED RIGHTS. A. Grantor's Covenant. Grantor agrees that Grantor shall not relocate the Building from its current location on the Land. In addition, and subject to the provisions of paragraph IV(C), and of the following sentence, Grantor agrees at all times to maintain the Building in sound structural condition and a good state of repair in accordance with the terms of this paragraph; it is Grantor's intent that the Building shall be maintained in a physical appearance that is reasonably similar to its current appearance and Grantor will undertake reasonable periodic maintenance and repair of the Building so as to insure its continued structural integrity. in the event that the Building suffers any type of casualty damage, or if the continued structural integrity of the Building requires maintenance or repair {14327%48241A0188993.61 2 I a Bk 11786 Pg284 #28548 costing an unreasonably excessive amount, the Grantor shall provide written notification to the Grantee and to the North Andover Historical Commission of such event, and Grantor, Grantee and the North Andover Historical Commission shall reasonably confer with each other as to an appropriate course of action in view of the circumstances. After such consultation, the Grantor may either restore the Building to its previous appearances or if the Building requires maintenance or repair costing an unreasonably excessive amount, Grantor may demolish the Building, and if so demolished this Restriction shall terminate and be of no further force and effect and thereafter Grantor may use the Premises for any lawful purpose free of this Restriction. B. Grantor's Conditional Rights 1. Conditional Rights Reguiring_Apnroval by Grantee. Except as otherwise provided herein, without the prior express written approval of the Grantee, which approval shall not be unreasonably withheld, conditioned or delayed, Grantor shall not make any material changes to the exterior of the Building. Activities by Grantor to maintain the Building which are not intended to change the general appearance of the exterior of the Building shall not require the prior approval of Grantee. Any material changes which Grantor proposes to be made to the exterior of the Building, which would require a Building Permit to be issued by the Town of North Andover shall also require that the North Andover Historical Commission be advised of and approve any such material changes to the exterior of the Building. (I 432M482AA0 198993.6) 3 Bk 11786 Pg285 #28548 2. Review of Grantor's Requests for Approval. In the event Grantee's prior approval is required, the Grantor shall submit to Grantee, for Grantee's approval, two (2) copies of information (including plans, specifications and designs) identifying the proposed activity with reasonable specificity. In connection therewith, Grantor shall also submit to Grantee a timetable for the proposed activity sufficient to permit Grantee to monitor such activity. Within thirty (30) days of receipt of Grantee's receipt of any written request for approval hereunder, Grantee shall certify in writing that: (a) it approves the request, or (b) it disapproves the request as submitted, in which case Grantee shall provide Grantor with written suggestions for modification or a written explanation for Grantee's disapproval. An failure b Grantee to act within ' p thin 30 days of receipt of P Y Y Y ( ) Y P Grantor's submission or resubmission of requests shall be deemed to constitute approval by Grantee of the request as submitted and to permit Grantor to undertake the proposed activity in accordance with the request submitted. A certificate of such failure by Grantee to act, executed by Grantor, and including identifying information for the subject plans,specifications and designs,when and if recorded in the Essex North District Registry of Deeds prior to the recording of any contrary Certificate by Grantee,shall be conclusive evidence of such fact. 3. Standards for Review. In exercising any authority created by the Restriction to inspect the Premises, to review any construction, alteration, repair or maintenance or to review casualty damage, Grantee shall at all times act in a commercially reasonable manner. (I 4327164824%A0188983.6) 4 Bk 11786 Pg286 #28548 C. Grantor's Reserved Rights. The following rights,uses, and activities of or by Grantor on,over, or under the Premises and the Building are permitted by this Restriction and by Grantee without further approval by the Grantee: 1. the right to engage in all those activities and uses that:(i)are permitted by governmental statute or regulation,and(ii)are not inconsistent with the purpose of this Restriction to maintain the exterior of the Building substantially in its current condition; 2. the right to maintain and repair the Building, for the purpose of retaining in good condition the appearance of the exterior of the Building. Substantial changes in appearance,from that existing prior to the maintenance and repair require the prior approval of the Grantee in accordance with the provisions of paragraph III(B); I the right to paint the exterior sheathing of the Building any of the following colors:white,off white (and any version thereof)and any of the colors of the various Cottages constructed by Grantor under the 2008 Special Permit issued to Grantor by the North Andover Planning Board. Grantor agrees to provide g written notification to the North Andover Historical Commission at such times as Grantor intends to change the exterior color of the Building,and to obtain the approval of the North Andover Historical Commission, which approval shall not be unreasonably withheld,conditioned or delayed. 4. The right to use the Land(a)for all customary uses appurtenant to a Residential Structure and(b)all uses customarily associated with a Continuing Care Retirement Community including the right to install temporary or permanent accessory structures for residential or Continuing Care Retirement Community uses IV. ENFORCEMENT. A. This Restriction shall be administered on behalf of the Grantee, jointly and severally, by its duly appointed members and agents. This Restriction shall be enforced by the Grantee in its sole discretion. Nothing herein shall impose upon the Grantee any duty to maintain or require that the Building be maintained in any particular state or condition, notwithstanding the Grantee's acceptance thereof. {1432W48241A0188983.6) 5 Bk 11786 Pg287 #28548 B. In the event that a breach of this Restriction by the Grantor or by a third party comes to the attention of the Grantee,the Grantee must notify the owner of record(the "Owner") in writing of such breach and of that portion of the Premises and Building where the breach occurred. Said Owner shall have ninety (90) days after receipt of such notice to undertake actions, including restoration of the Premises and Building, that are reasonably calculated to correct swiftly the conditions constituting such a breach. If the said Owner fails to take such corrective action,the Grantee may at its discretion undertake such actions, including appropriate legal proceedings,as are reasonably necessary to effect such corrections. C. Nothing contained in this Restriction shall be construed to entitle the Grantee to bring any action against the Grantor for any injury to or change in the Building or the Premises resulting from causes beyond the Grantor's control, including, but not limited to, fire, flood, storm, earth movement,and trespass on the Building or the Premises or from any action taken by the Grantor under (i) emergency conditions to prevent, abate or mitigate injury to or nuisance caused by the Building and/or the Premises resulting from such causes or(ii)direct,written order of an governmental authority federal state or municipal), any tY( pa1) D. The Grantor, and thereafter the record successors and assigns of the Grantor, agree to reimburse the Grantee for all reasonable costs and expenses incurred in enforcing this Restriction or in remedying or abating any violation thereof. E. By its acceptance of this Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Building or the Premises. F. Any election by the Grantee as to the manner and timing of its right to enforce this Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. (I 432M4824\AO 188983.6} 6 Bk 11786 Pg288 #28548 V. ACCESS. This Restriction hereby conveyed does not grant to the Grantee, to the general public, or to any other person any right to enter upon the Premises,except that the Grantor hereby grants to the Grantee and its successors at law, and grants to the North Andover Historical Commission, after reasonable prior notice to Grantor the right to enter the Premises in a reasonable manner and at reasonable times, and always in the presence of a representative of Grantor for the purposes of inspecting the Premises and the exterior of the Building to determine compliance herewith. The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for enforcement of this Restriction. VI. SUBSEQUENT TRANSFERS. The Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument which divests the Grantor of any interest in all or a portion of the Premises, including, without limitation, a leasehold interest. After the recording of this Restriction, the term "Grantor" as used herein shall mean the fee record owner of the Premises, from time to time, and the Grantor's obligations and liabilities hereunder shall only be those arising during such person's term of ownership. VII. ASSIGNABILITY. A. Running of the Burden. Except as provided in paragraph IIIA. and IV.C, the burden of these restrictions shall run with the land in perpetuity and shall be binding on all future owners of an interest therein. The right of enforcement shall be as provided for in MGL Chapter 184, Section 32, as enacted by the Acts of 1969, Ch. 666, Sec. 5, as it may be amended from time to time. (143271648241A0188983.6) 7 Bk 11786 Pg289 #28548 B. Execution of Instruments. The Grantee is authorized to record or file any notices or instruments necessary to assure the perpetual enforceability of this Restriction. C. Running of the Benefit. The Restriction hereby imposed is in gross and is not for the benefit of or appurtenant to any particular lands. The Restriction shall not be assignable, except with the prior written approval of the Grantor or its successors or assigns then owning the Premises in each instance. In the event such approval is obtained, this Restriction may be assigned only to a governmental body or organization whose purposes at the time of assignment include preservation of historic property provided, however, that (i)as a condition of any assignment, the Grantee requires that the purpose of this Restriction continue to be carried out, and (ii)the assignee, at the time of assignment, qualifies under Section 32 of Chapter 184 of the General Laws as an eligible donee to receive this Restriction directly. The burden of this Restriction hereby imposed shall run with the Premises in perpetuity and shall be binding upon all future owners of any interest therein during their term of ownership. VIII. RELEASE AND EXTINGUISHMENT. A. Grantee's Receipt of Property Right. The Grantor and the Grantee agree that the donation of this Restriction gives rise for purposes of this paragraph to a real property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value that this Restriction determined at the time of its recording at the Essex North District Registry of Deeds bears to the value of the unrestricted Premises at that time. B. Value of Grantee's Pronerty Right. Such proportionate value of the Grantee's property right shall remain constant. C. Right of Grantee to Recover ProRgrtional Value at Dis2gsition. If any occurrence ever gives rise to extinguishment or other release of the Restriction under applicable law, then 14327*48241A0188983.6 8 Bk 11786 Pg290 #28548 the Grantee, on a subsequent sale, exchange or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds equal to such proportionate value, subject, however, to any applicable law which expressly provides for a different disposition of proceeds; and further provided that upon the termination of this Restriction pursuant to Paragraph III.A Grantee shall be entitled to NO portion of any such proceeds. D. Grantor/Grantee Cooperation Re arding Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority while this Restriction is in effect,then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action, and all related expenses incurred by the Grantor and the Grantee in connection with said recovery shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor or its successors and assigns of record, and the Grantee in shares equal to such proportionate value. E. Continuing Trust of Grantee's Share of Proceeds of Restriction Disposition. The Grantee shall use its share of the proceeds in a manner consistent with the preservation purposes of this grant. IX. ESTOPPEL CERTIFICATES. Upon request by the Grantor, the Grantee shall within twenty (20) days execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance with any obligation of the Grantor contained in this Restriction. X. SEVERABILITY AND CONSTRUCTION. If any section or provision of this Restriction shall be held to be unenforceable by a court of competent jurisdiction,this Restriction shall be construed as though such section had not been II43271648241AO188983.6} 9 Bk 11786 Pg291 #28548 included in it. If any section or provision of this Restriction shall be subject to two constructions,one of which would render such section or provision invalid,then such section or provision shall be given the construction that would render it valid. If any section or provision of this Restriction is ambiguous,it shall be interpreted in accordance with the policy and provisions expressed in M.G.L. c. 184, Sections 31 through 33. XI. EFFECTIVE DATE. This Restriction shall be effective when the Grantor and the Grantee have executed it, and this document is duly recorded in the Essex North District Registry of Deeds. XII. MORTGAGE SUBORDINATION. A. Subordination. At the time of the conveyance of this Restriction, the Premises is subject to a Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing from the Grantor to Bank of America, N.A. (hereinafter the "Mortgagee") recorded on November 21, 2008, as Instrument No. 29835 in the Essex North District Registry of Deeds at Book 11381, Page 302 (hereinafter "the Mortgage"). The Mortgagee joins in the execution of this Restriction to evidence Mortgagee's agreement that, subject to the following conditions and stipulations,this Restriction shall operate as if this Restriction had been recorded in time prior to the recording of the Mortgage: 1. Mortgagee and its assignees shall have prior claim to all insurance proceeds as a result of any casualty,hazard,or accident occurring to or about the Premises and all proceeds of condemnation proceedings, and shall be entitled to same in preference to Grantee until the Mortgage is paid off and discharged,not withstanding that the Mortgage is subordinate in priority to the Restriction. I143271648241A0189983.6) 10 Bk 11786 Pg292 #28548 2. If the Mortgagee receives an assignment of the leases,rents and profits of the Premises as security or additional security for the loan secured by the Mortgage,then the Mortgagee shall have a prior claim to the leases,rents, and profits of the Premises and shall be entitled to receive same in preference to Grantee until the Mortgagee's debt is paid off or otherwise satisfied, notwithstanding that the Mortgage is subordinate in priority to the Restriction. 3. The Mortgagee or purchaser in foreclosure shall have no obligation,debt,or liability under the Restriction until the Mortgagee or purchaser in foreclosure under it obtains ownership of the Premises. In the event of foreclosure or deed in lieu of foreclosure,this Restriction is not extinguished. 4. Nothing contained in this paragraph or in this Restriction shall be construed to give any Mortgagee the right to violate the terms of this Restriction or to extinguish this Restriction by taking title to the Premises by foreclosure or otherwise. XIII. MISCELLANEOUS. This instrument is not a deed. It does not transfer a fee interest to the Grantee. No Massachusetts deed excise stamps are affixed hereto as none are required by M.G.L. c. 64D, Section 1, as amended. The Grantor shall record this instrument in timely fashion in the Essex North District Registry of Deeds. The conduct of archeological activities, including without limitation survey, excavation and artifact retrieval, may occur only following the submission of an archeological field investigation plan prepared by the Grantor and approved in writing by {1432A648241A0188983.6) 11 Bk 11786 Pg293 #28548 the State Archeologist of the Massachusetts Historical Commission (M.G.L. c. 9, Section 27C,950 CMR 70.00). [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] (1432M492AA0199993,6) 12 . 1 I Bk 11786 Pg294 #28548 WITNESS the execution hereof under seal this 13 7V day of Aw 1, .2009. GRANTOR: EDGEWOOD RETIREMENT COMMUNITY,INC. By: Its: 2E'f COMMONWEALTH OF MASSACHUSETTS ss 13 ,2009 Before me, the undersigned notary public, personally appeared C4ks&"d ' whose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily, on behalf of Edgewood Retirement Community, Inc., for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, ❑ oath or affirmation of a credible witness, or AT personal knowledge of the undersigned. Pu is o GJ. �✓D/E' My commission expires: IS _ Rooms W.u�o� a� {143271648241AO188983.6) 13 Bk 11786 Pg295 #28548 ACCEPTANCE OF THE TRUSTEES OF RESERVATIONS e Trustees of Reservations hereby accepts this Restriction this fi?(day of 2009. THE TRUSTEES OF RESERVATIONS By: ItsAftvtor COMMONWEALTH OF MASSACHUSETTS ssatpm34,2009 Before me, the undersigned notary public, personally appeared&,,-,y AJAewhose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily, on behalf of the Trustees of Reservations, for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification, which was ❑ hotographic identification with signature issued by a federal or state governmental agency, oath or affirmation of a credible witness, or personal knowledge of the undersigned. o Public nu ijgj��"Rima.:2ra C 1143271648241AO 188983.6) 14 Bk 11786 Pg296 #28548 APPROVAL OF THE TOWN OF NORTH ANDOVER HISTORICAL COMMISSION We,a majority of the Historical Commission of the Town of North Andover, Massachusetts,hereby certify that at a meeting duly held on this—/-f?f( day of 2009,the North Andover Historical Commission voted to approve the foreiKing Historic Condition granted by Edgewood Retirement Community,Inc. to The Trustees of Reservations,pursuant to Massachusetts General Laws,Chapter 184,Sections 31 through and including 33. By approving this grant of a Historic Restriction,we signify the North Andover Historical Commission's desire to carry out the intent of the Grantor and preserve and promote in perpetuity the historic values of the restricted premises for the benefit of this generation of towns pe yle and their descendants. Date: /As J :�' 2009 NORTH ANDOVER HISTORICAL COMMISSION Ch _ 4,1 !I, COMMONWEALTH OF MASSACHUSE 33. On this oda of�"2009, before me, the undersigned no �. y gn notary ublic, personally appeared ' ,�,bw�.� Gym , 7�sZ.+�.i� �i • �ati8- , Lan AIr-L W,Lu Am s gnr►P_L• Fric A., 74 proved to me through satisfacto evidence of identification, which was 0 driver's license or Xpersonally known to me, and acknowledged to me that they signed it voluntarily for ' tated purpose on behalf of said Historic Commission of the Town of North Andover. /,F F re N u is VA AeAf G✓, L-Ava1l` S 9 My Commission Expires: /, -d^/s-- ��hleertl ` N► aool .1w + a {143271648241A0188983.6} 15 Bk 11786 Pg297 #28548 e APPROVAL OF THE TOWN OF NORTH ANDOVER MASSACHUSETTS We,a majority of the Board of Selectmen of the Town of North Apdover,Massachusetts, hereby certify that at a meeting duly held on this bf,7 day of 2009,the Board of Selectmen voted to approve as in the public interest the foregoi g Historic Restriction granted by Edgewood Retirement Community,Inc.to The Trustees of Reservations,pursuant to Massachusetts General Laws,Chapter 184,Sections 31 through and including 33. By approving this grant of a Historic Restriction,we signify the Town's desire to carry out the intent of the Grantor and preserve and promote in perpetuity the historic values of the restricted premises for the benefit of this generation of townspeople and their descendants. Date: !'i 2-7 2009 BO OF SEL TMEN irm CkJ COMMONWEALTH OF MASSACHUSETTS SSt ,ss. On thisday of� 009, before me, the undersigned notary public, ersonally appeared ,.e--11 S'Inc�~ e /�2r�1(�f y.�rblc!!�t 41;AAF*U �o>''aG�► i a�i�/ / •� __ proved through satisfactory eviden of identification, which was 0 driver's license or�J personame lly known to me, and acknowledged to me that they signed it voluntarily for its stated purpose on behalf of said Board of Selectmen of the Town of North Andover. ot_pry_Pub lic /� My Commission Expii&: /I el Z f 7--e# {143271648241A01$8983.61 16 W r Bk 11786 Pg298 #28548 EXHIBIT A Preservation Restriction Premises Deacon John Osgood House,547 Osgood Street,North Andover, Essex County, Massachusetts The Building comprising the Deacon John Osgood House is located on that certain parcel of land shown as Lot 7 on a Plan of Land dated April 11, 1989 prepared by Harry R. Feldman, Inc. Land Surveyors, which Plan is duly recorded at the Essex North District Registry of Deeds as Plan #11656. Said Lot 7 contains 2.2 acres of land as shown on said Plan#11656, and reference may be had to said#11656 for a more particular description of Lot 7. For title reference, see deed of Samuel R. Rogers dated December 1, 2004 and recorded with said deeds at Book 9223, Page 177. See also deed to Edgewood Retirement Community, Inc. dated April 10,2009 and recorded at Book i 1137 Page 179. (Note: The Lot 7 has been consolidated with all the other land holdings of Edgewood Retirement Community, Inc. by virtue of that certain Approval Not Required Plan dated March 27,2008 and recorded with said deed as Plan#15919, in according with the decision of the North Andover Planning Board dated April 1,2008 and recorded with said deeds at Book 11137, Page 173. (I43271648241Aa188983.6) • r , ESSEX NORTH REGISTRY OF DEEDS oT LAWRENCE,MASS. C©�'2 A TRUE COPY•,ATTEST FBF D�©0 tl � Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Marlene Rotering Edgewood Retirement Community Inc. use the return a. First Name b. Last Name c.Company key. 575 Osgood Street d. Mailing Address North Andover MA. 01845 a At e.Cityrrown f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b. Last Name c.Company d. Mailing Address e.City/Town f. State g.Zip Code 5. Project Location: 575 Osgood Street and 549 Osgood Street North Andover a.Street Address b.City/Town Map 36 Parcels 3,17, 18, and 19 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: 42-70-328 -71-107-270 electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 9223 177 c.Book d. Page 4/27/07 2/13/08 JS 7. Dates: a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date 6f Iss ance�— s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Definitive Site Plan i ;r e.,� of 57kgh i •ithr, 19 a. Plan Title U Christiansen & Sergi, Inc. Philip G. Christiansen, P. E.J Michael J. Sergi, P. b. Prepared By L. S. 2/1/08 1"-40'. d.Final Revision Date e. Scale See Attached f.Additional Plan or Document Title g. Date 9. Total WPA Fee Paid: $16,700 $4,287.50 $12,412.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid FEB 2 0 Z008 wpafor . oc• rev.3/1/05 BOARD OF APPEALS Page 1 of 9 a"6b7- D �� 5� ia- Ig - 07 1 v LO) Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution f. ® a. ® Private Water Supply e. El Fisheries Protection of WildlifeHabitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c. linear feet d. linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c. square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3/1/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c. square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c. cubic feet d.cubic feet e.cubic feet f. cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e. square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c. c/y nourishmt. d. Gy nourishmt. 13. ❑ Coastal Dunes a. square feet b.square feet c.c/y nourishmt. d.c/y nourishmt 14. ❑ Coastal Banks a. linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. R Salt Marshes a.square feet b.square feet c. square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c. square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage. a.square feet b.square feet wpaform5.doc• rev.3/1/05 Page 3 of 9 j Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury. to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 242-1398 " wpaform5.doc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. i 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 5 of 9 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following.conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. s you need more C. The special conditions relating to municipal ordinance or law are as follows: space for P 9 p y additional See attached conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 - - Page 6 of 9 DEP FILE #242 1398 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the_plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control "GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order is issued under File No. 242-1398. C:\Winword\OOC\242-1398Edgewood.doc 1 NACC 2/15/2008 DEP FILE # 242 -1398 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: Razing of existing structures, the construction of twenty-two (22) attached and single-family cottage style residential units with attached garages, associated driveways, decks/porches, the conversion of a structure (Milk Barn) to two residential units,the conversion of an existing single family structure (Osgood House) to one residential unit, a jgreenhouse, roadway construction and improvements, construction of paved walkways, installation of utilities, stormwater management structures, associated grading activities and buffer zone restoration/mitigation activities. Of the twenty-two units proposed, only nine (9) units are jurisdictional. A facility addition/expansion area and associated parking and grading are also proposed. However, this work is located outside of the 100-foot buffer zone and therefore not jurisdictional. The property is also surrounded by several permanently protected Open Space properties owned by the Town of North Andover and the Trustees of Reservations (TTOR). All work regulated under this Order is proposed to be located within the boundaries of the Edgewood property and is not proposed to extend beyond these limits on any of the protected Open Space properties. It shall be the responsibility of the applicant to ensure that no work shall occur within any protected Open Space area maintained by the Town of North Andover or the Trustees of Reservations during the life of the project and in perpetuity unless otherwise allowed in the Edgewood Farm Restrictions or otherwise allowed by the Trustees of Reservations or The Town of North Andover. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Edgewood Retirement Community,Inc.,(Applicant) C/o Marlene Rotering 575 Osgood Street North Andover, MA 01845 I Dated April 27,2007 I I Notice of Intent prepared by: Nitsch Engineering (Former Representative) 186 Lincoln Street, Suite 200 Boston, MA 02111 C:\Winword\OOC\242-1398Edgewood.doc 2 NACC 2/15/2008 y DEP FILE #242 -1398 Secondary/Team Representative: Linbeck One Maquire Road/One Cranberry Hill, Suite 303 Lexington,MA 02421 Site Plans prepared by: Christiansen & Sergi, Inc. (Latter Representative) 160 Summer Street Haverhill, MA 01830 Entitled "Definitive Site Plan, Edgewood Retirement Community". Dated November 1, 2007, last revised 2/1/08. Consisting of Sheets 1 through 19 Stamped & Signed by Philip G. Christiansen,P.E. & Michael J. Sergi, P.L.S. Other Record Plans: Notice of Intent Plans by Nitsch Engineering dated 4/27/07 - includes Existing Conditions Plan by Christiansen & Sergi dated 11/15/06 and Planting Plans by Stephen Stimson Associates dated 4/27/07; Site Plan Review Drawings by Nitsch Engineering dated 5/5/07 revised on 5/29/07 and 6/18/07. Included in these plans are the Existing Consditions Plan by Christiansen & Sergi dated 11/15/06 and revised on 5/17/07. Also includes Landscape Plans by Stephen Stimson Associates dated 6/18/07; Landscaping Plans entitled "Planting Plan", prepared by Stephen Stimson Associates Landscape Architects, Inc. consisting of sheets L2.1 & L2.0, dated December 4, 2007, revised February 1, 2008. Stamped & Signed by Edward Marshall, R.L.A.; Post & Rail Fence and Wood Guard Rail Detail Sketches/Drawings (SK-1 & SK-2) dated February 1, 2008. Stamped & Signed by Edward Marshall, R.L.A.; Mitigation Plan entitled "Buffer Zone Mitigation Plan" (Sheet M1.0), dated February 1, 2008; "Pre-Development Conditions Watershed Maps" & "Post- Development Conditions watershed Maps" prepared by Christiansen & Sergi, dated December 10,2007. Other Record Documents: Supplemental Information Report by Nitsch Engineering dated June 20, 2007-includes Appendix A thru N; "Mitigative Drainage Analysis" Reports prepared by Christiansen & Sergi, dated November 1, 2007, revised December 10,2007 &January 2,2008; C:\Winword\OOC\242-1398Edgewood.doc 3 NACC 2/15/2008 DEP FILE #242 -1398 Note: there are two (2) separate record Mitigative Drainage Analysis documents as some attachments and calculations were unchanged in the previous submittal and omitted from the final revised report. This is noted on the report with the revision date of January 2, 2008. Operation and Maintenance Plan dated February 1,2008; Waiver Request Form and Associated Attachments (Appendix E), signed June 12, 2007; Alternative Analysis (Appendix G) dated June 5,2007; Alternative Analysis Sketch Plans consisting of 7 sheets (SK 1-A, SK 1-B, SK 2-A, SK 2-B, SK 3-A, SK 4-A, SK 5-A) dated June 5, 2007; Planning Board CCRC Special Permit Decision dated January 23, 2008; Planning Board Site Plan Review Special Permit Decision dated January 23, 2008. Drainage Reviews: Letter from Lisa Eggleston dated June 27, 2007 RE: Stormwater Management Review; Letter from Nitsch Engineering to Lisa Eggleston dated July 5, 2007 RE: response to 6/27 letter; Letter from Lisa Eggleston dated July 18, 2007 RE: Stormwater Management Review; Letter from Nitsch Engineering to Lisa Eggleston dated August 30, 2007 RE: Response to 7/18 letter; Letter from Margaret Wheeler, Community Conservation Specialist, The Trustees of Reservations (TTOR), dated July 30, 2007 with attached peer review letter from Horsley Witten Group, Inc. dated July 24,2007; Response Memorandum from Stacey Furlong, Linbeck, to Margaret Wheeler,TTOR, dated August 3,2007; Nitsch Engineering Stormwater Systems Operation and Maintence Plan dated September 7,2007; C:\Winword\OOC\242-1398Edgewood.doc 4 NACC 2/15/2008 DEP FILE #242 -1398 Letter from Horsley Witten Group dated September 10, 2007; Letter from Lisa Eggleston dated September 11, 2007 RE: Stormwater Management Review; Letter from Christiansen & Sergi, Inc. dated November 14,2007; Letter from Eggleston Environmental dated November 27, 2007; Response letter from Christiansen & Sergi, Inc. dated December 10,2007; Letter from Eggleston Environmental dated December 18, 2007; E-mail correspondence. from Ellie Baker, Horsley Witten Group,. Inc., dated January 2,2008;, E-mail correspondence from Lisa Eggleston, Eggleston Environmental, dated January 3,2008; Letter from Christiansen & Sergi,Inc. dated January 3,2008; E-mail correspondence from Lisa Eggleston, Eggleston Environmental, dated January 8,2008; Response letter from Christiansen & Sergi, Inc. dated January 9, 2008; Final letter from Horsley Witten Group, Inc. dated January 9, 2008; Final review letter from Eggleston Environmental dated January 9, 2008. Correspondences: Letter from Alison McKay, North Andover. Conservation Administrator, to Sandra Brock P.E., Nitsch Engineering dated March 12,2007; Letter from Nitsch Engineering to Alison McKay dated 5/15/07 RE: Rain Garden Information and Consultant Contracts; Letter from a concerned resident dated August t 20,.2007; Letter from Marlene Rotering, Executive Director, Edgewood Retirement Community, dated August 24,2007;. C:\Winword\OOC\242-1398Edgewood.doc 5 NACC 2/15/2008 DEP FILE # 242 -1398 Letter from North Andover resident, Angelo Giambusso, dated September 27,2007; Letter from Christiansen & Sergi. Inc. for the revised project submission and design changes dated November 1,2007; Letter from Marlene Rotering, Executive Director, Edgewood Retirement Community, dated November 2, 2007; Letter from Devine Millimet dated January 15, 2008 regarding Confirmation of Paved Parking Area on Town's Portion of Half Mile Hill. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Isolated Vegetated Wetland (local), Buffer Zone to Bordering Vegetated Wetland (BVW) and Bank associated with intermittent stream drainage channels. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the approved plans referenced herein and as approved under the previously issued ORAD (242-1375) with exception to the following changes, additions and/or notations: A portion of an additional wetland resource area was reviewed and approved under.er this project filing, specifically wetland flags W1 through W8. • The buffer zones shown to the east of wetland flag series Y & X on thea roved plan are PP erroneous,wherein this wetland series delineates one side of the boundary only. Therefore, buffer zones on the eastern side of this wetland resource area delineation should not have been depicted on the plans referenced herein and are not approved. • Other buffer zones associated with wetland resource areas not reviewed or approved under this filing or the ORAD filing were added to the record plans erroneously, specifically at the lower portion of the site along Osgood Street and along the main entrance drive off of Osgood Street. Any wetland resource area and associated buffer zones not noted and approved above under this Order or previously approved under the issued ORAD is not approved under this filing. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone and a fifty-foot (50') No- Construction Zone shall be established from the edge of the adjacent wetland resource areas except for the demolition of existing structures, the construction/relocation of "Driveway G", installation of utilities and grading activities within and associated with the relocation of the roadway, the construction of additional walkways, and the implementation of the approved restoration/mitigation areas as approved under this filing. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established C:\Winword\OOC\242-1398Edgewood.doc 6 NACC 2/15/2008 DEP FILE #242 -1398 under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 33. The NACC hereby accepts the alternative analysis and therefore GRANTS the applicant a waiver for disturbances within the regulated 25-foot No Disturbance Zone (1,587 s.f.) provided that mitigation/restoration of these disturbed areas are conducted in accordance with the approved landscaping and mitigation plans. 34. The NACC finds the applicant's proposal for 7,065 sq. ft. (>2:1 ratio) of buffer zone restoration consisting primarily of meadow areas to remain consistent with the existing natural landscape to be adequate. However,the NACC reserves the right to require alternate species should these species be determined to be more appropriate. 35. Restoration activities shall be conducted in accordance with the approved mitigation and landscaping plans and shall be constructed immediately upon construction of the work in "Area H" and "Area G". This sequence shall be reflected in the construction sequence. 36. A qualified wetland scientist shall monitor the restoration areas for TWO consecutive growing seasons (May and October) following construction of said restoration areas. At the end of each seasonal inspection,p a progress report and photographs shallbe prepared and submitted to the Conservation Department that describes the survivability,health and vigor of the restoration areas. A total of FOUR separate monitoring ng reports shall be submitted over atwo-year period. If at the end of the first growing season, overall success of restoration activities is.not achieved, the NACC reserves the rights to require additional mitigation measures. 37. 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 t shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions.including any formed Management Company or other assignee designated by Edgewood Retirement Community Inc. Thereafter, any and all the above stated parties and the applicant will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 38. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 39. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, damage storm or any other form of water damage. C:\Winword\OOC\242-1398Edgewood.doc 7 NACC 2/15/2008 DEP FILE # 242 -1398 PRIOR TO CONSTRUCTION 40. 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. 41. 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. 42. 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 242-1398." 43. Prior to the commencement of any work, the applicant shall submit to the Conservation Department a copy of the approved NPDES Storm Water Pollution Prevention Plan (SWPPP). 44. Soil and groundwater testing was conducted in several locations on the site in May of 2007 when the original drainage design was proposed. Estimated high ground water elevations were determined in those locations. Pond designs were based on the groundwater elevation data collected at that time. Since that time however,the applicant had redesigned the drainage system. Therefore, additional confirmatory soil testing shall be conducted prior to construction and prior to each building permit application in the locations of the approved stormwater management structures and in the vicinity of each stormtech roof drain infiltration area, to determine soil suitability and high groundwater elevations. Upon completion of testing activities, documentation must be submitted to the Conservation Department for verification of said soil suitability and separation to groundwater. 45. Prior to construction and during a period of low water/flow conditions, the existing detention basin should be thoroughly cleaned and inspected by a qualified engineer and any necessary repairs to the basin or the outlet control structure shall be completed. Cleaning and inspection of the basin shall be ongoing in accordance with the approved Operation & Maintenance Plan referenced herein. C:\Winword\OOC\242-1398Edgewood.doc 8 NACC 2/15/2008 DEP FILE #242 -1398 46. During the project review, the outlet from the wetland to the south of the site driveway (Wetland flag series D) was observed to be overgrown or otherwise obstructed resulting in overtopping flows onto the adjacent cart path and onto the Trustees of Reservations property to the south. The flow from this wetland, as well as the discharge from the culvert from Area H should drain toward the wet meadow further to the west on the Edgewood property. In order to preserve the integrity of the cart path and retain the flow on the Edgewood property, the outlet area in this location shall be cleaned and obstructions removed prior to construction activities. 47. Prior to the construction of units G3, G4, G5, H12, H11, H10,and both units labeled H9, the foundation corners and corners of associated decks/patios of these units shall be staked in the field by a Registered Land Surveyor (R.L.S.). Measurements shall be taken and verified by the Conservation Department during the Pre-Construction meeting. 48. Any changes in the submitted plans caused by the applicant, state or federal agency, another Board's decision or resulting'from this Order of Conditions must be submitted to the NACC for approval prior to implementation. Said revisions shall be submitted as part of the record filingeven if located outside of the buffer er zone and therefore outside of the NACC's jurisdiction. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 49. 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. 50. Prior to any work commencing on site,the applicant shall submit to the NACC for approval, a detailed sequence of construction, including a dated timetable of construction,the construction of compensation and retention areas, installation of sedimentation/erosion control devices, roadway infrastructure, phasing associated with the development,the construction of the associated stormwater management structures, landscaping activities, and required mitigation/restoration areas. The construction sequence shall specify that the stormwater management structures will be constructed first prior to any other site preparation This timetable must continue to be updated throughout the project. C:\Winword\OOC\242-1398Edgewood.doc 9 NACC 2/15/2008 DEP FILE #242 -1398 51. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 52. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Any additional erosion controls necessary shall be discussed in more detail in the field at the pre-construction meeting. The NACC reserves the right to require the installation of these additional erosion controls at the pre-construction meeting or at any time during construction activities. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 53. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 75 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. Said emergency erosion controls shall be on site prior to the commencement of any work and shall verified by the Conservation Department during the pre-construction meeting. 54. A check payable to the Town of North Andover shall be provided in the amount of $70,000 (9 Jurisdictional units - 27K; Roadways & Utilities -5K; Stormwater - 17K; Restoration/Mitigation - 21K), which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. C:\Winword\OOC\242-1398Edgewood.doc 10 NACC 2/15/2008 DEP FILE #242 -1398 55. The applicant shall be responsible for placing signs designating the applicable unit numbers as depicted on the plans approved and referenced herein. 56. The applicant shall designate a Qualified Professional Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval by the NACC. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 57. The applicant and/or the legal. owner of that portion of land upon which these Orders of Conditions have beenh shall all rovide to the N p p ACC prior to transferring, or assigning any portion of said land to another party, such as a Management Company, Condominium Association or individual, subject to said Orders of Conditions, the "Compliance Certification Form" Affidavit (attached herein) signed under the pains and penalties of perjury, stating that said applicant has read these Orders of Conditions and is in compliance with each and every condition. If portions of said land are transferred to different parties, such as individual unit owners, each party is subject to this 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. 58. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, the wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on- site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). C:\Winword\OOC\242-1398Edgewood.doc 11 NACC 2/15/2008 DEP FILE #242 -1398 STORMWATER MANAGEMENT CONDITIONS 59. All construction and post-construction stormwater management systems shall be constructed in accordance with the approved construction sequence, supporting documents and plans submitted with the Notice of Intent, this Order of Conditions, and the approved Operation and Maintenance Plan attached herein. 60. Construction of the stormwater structures shall be constructed and functioning as part of the initial project phase, immediately following clearing and rough grading of the site to serve as siltation control during construction. Runoff from the site shall be directed towards these basins. 61. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. The approved Operation & Maintenance Plan is fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. 62. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer certifying that the drainage system is .working as designed and shall include any maintenance invoices for cleaning and repairs. The first report shall be submitted to the. NACC as soon as the first stormwater structure goes on-line and reports must continue to be submitted until a Certificate of Compliance is issued. Compliance with the designed stormwater management system and associated stormwater management conditions shall be satisfied prior to the issuance g p of a Certificate of Compliance. 63. Temporary and/or permanent basins 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 basins. 64.Wetland Ponds are proposed as part of the stormwater management design. Pond plantings must be conducted in accordance with the approved plans and documents referenced herein. A qualified wetland specialist must supervise wetland plantings and monitoring must be conducted in the spring and fall for two (2) consecutive years after the planting date. Reports prepared by a qualified wetland specialist shall be submitted following each inspection and must document species survival/distribution, sediment accumulation,water quality and conditions of the pond outlet. 65. All roof runoff shall be directed to the stormtech roof drain infiltrators to provide groundwater recharge as shown on the approved plans referenced herein. 66. 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. C:\Winword\OOC\242-1398Edgewood.doc 12 NACC 2/15/2008 DEP FILE # 242 -1398 67. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 68. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the approved Operation & Maintenance Plan attached herein and the associated stormwater management conditions mandated herein. 69. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 70. IMPORTANT: Immediately upon completion of the dwelling/unit foundations, 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 of those units within the buffer zone and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for review. 71. ON*EVERY MONDAY of each week,.or otherwise arranged by the NACC, in which active construction activities occur in the buffer zone or for as long thereafter as the ground remains unstable, the "Erosion Control Monitor" shall contact the NACC or agent thereof and submit a written report to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. Considering that the project proposes phased development and will therefore be under construction for a period of time, weekly monitoring may be limited for construction activities that are occurring within the buffer zone only. However, development and construction of portions of the drainage system are located outside of the buffer zone, but outlet to jurisdictional areas. Therefore, monthly inspections and reports are required throughout the duration of the project even if construction activities are not actively being conducted in jurisdictional resource areas. The Conservation Administrator has the authority to require additional monitoring reports if necessary. 72. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed during construction of all work. C:\Winword\OOC\242-1398Edgewood.doc 13 NACC 2/15/2008 DEP FILE #242 -1398 73. Crushed stone construction entrances shall be designated at each access location as shown on the approved plans referenced herein to minimize soil/material tracking onto the roadways and paved surfaces. These entrances shall be reinforced as necessary throughout the duration of construction. 74. Construction sequencing shall be followed throughout all phases of construction in an appropriate and logical manner as to minimize site access, thereby minimizing any unnecessary impacts to the wetland resource areas. 75. The NACC finds that physical barriers are necessary in several locations to prevent future inadvertent encroachment into the wetland resource areas. Therefore, the installation of a split- rail fence shall be installed upgradient to and along the 25' No Disturbance Zone in "Area H" and in "Area G" and the installation of a wood guard rail shall be installed along the edge of a portion of the newly constructed "Driveway G upon completion of construction and as shown on the approved plans and details referenced herein. 76. Additional erosion controls consisting of trenched silt fence shall be placed between the wetland resource areas and the areas to be restored. Erosion controls shall be positioned outside of said restoration areas and shall be located to minimize disturbance to adjacent jurisdictional areas. Erosion controls required for the construction of the restoration areas in the vicinity of wetland series X,Y, G, &H shall be positioned and located at the direction of the NACC agent. 77. The designated wetland scientist/erosion control monitor shall be on site during buffer zone restoration activities. 78. All existing and proposed catch basins and oil traps on the site or on the streets.adjacent to the project shall be protected by Silt Sacks to prevent sediment from entering the drainage system. Silt Sacks shall be maintained and regularly cleaned of sediments until all areas associated with the work permitted by this Order have been permanently stabilized and the NACC and/or Conservation Department has formally approved their removal. 79. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless otherwise authorized by the Conservation Department. 80. Upon beginning work, the applicant shall submit writtenro ess reports week detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 81. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. C:\Winword\OOC\242-1398Edgewood.doc 14 NACC 2/15/2008 DEP FILE # 242 -1398 82. The sewer lines on the site, where they cross wetland resource areas shall be tested for water tightness in accordance with North Andover DPW standards. 83. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 84. Approved de-watering activities shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring De- watering activities shall be conducted as shown 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. 85. Associated pavement and roadways.shall be swept at least bi-weekly (twice per month) or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and unstabilized. 86. The entrance access road/drive to the Town owned Open Space area known as Half Mile Hill located off of "Driveway G" on the approved plans shall be constructed and maintained at a minimum width of 20 feet. Further, the current owner/applicant, Edgewood Retirement Community, Inc., and/or any future owner acknowledges said access way and shall not impede/obstruct access to the Town owned perpetuity. OP en S ace in P 87. The applicant has voluntarily agreed, by letter from its Attorney referenced herein, to improve the existing parking area and entranceway to Half Mile Hill at it own expense during construction activities. Improvements shall include, but may not be limited to, access improvements, paving of the existing parking area, and the installation of signage. The scope of work and project details shall be provided by the Conservation Commission prior to the commencement of said improvement activities. As such, the applicant shall notify the Conservation Commission at least seven (7) days in advance of anticipated activities of this work in order for the Conservation Commission to prepare and provide the applicant's contractor with the necessary documentation and plans to conduct said work. In addition, the Town shall be responsible for obtaining all necessary permits and approvals prior to said work. 88. After land development construction is complete and the temporary use of the Wet Ponds as siltation controls are dismantled, the applicant must visually observe and document high groundwater conditions within the excavated ponds to determine if hydrology is adequate to support the proposed wetland vegetative communities. Plans shall be submitted for review depicting proposed pond elevations suitable for sustaining the proposed zoned wetland communities. C:\Winword\OOC\242-1398Edgewood.doc 15 NACC 2/15/2008 DEP FILE # 242 -1398 89. 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. 90. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 91. 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. 92. Equipment shall not be staged overnight within 100-feet of a wetland resource area, excluding the construction of "DrivewayG". The erosion Sion control monitor shall closely osel monitor the Y construction of "Driveway G" and shall ensure that if equipment is stored overnight for said construction, it shall be stored in a location as far as practicable from any wetland resource area. 93. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. Soils shall be stockpiled in those locations as depicted on the approved plan referenced herein or other suitable locations as determined by the NACC. Further, all soil stockpile areas shall be adequately protected and surrounded by appropriate erosion controls measures. 94. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 95. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of, such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 96. 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. C:\Winword\OOC\242-1398Edgewood.doc 16 NACC 2/15/2008 DEP FILE #242 -1398 AFTER CONSTRUCTION 97. 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. 98. 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 B Law and shall remain in perpetuity. 99. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces in the buffer zone, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. The approved O & M plan stipulates snowplowing procedures for the site. In addition, the NACC finds that as stockpiling of snow is needed, permanent signs designating "No-Salt Zone" and "No-Snow Stockpiling Zones" shall be displayed in prominent locations as approved by the Conservation Department. 100. Prior to the issuance of a Certificate of Compliance, the applicant must submit proof of contract to the Conservation Department in the form of a written and signed document from the assignee(s) responsible for conducting the perpetual site maintenance in accordance with the Operation & Maintenance Plan and perpetual conditions mandated in this Order. In addition to this contract, the applicant shall submit an Affidavit from the assignee (s) acknowledging the Operation & Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation & Maintenance Plan and other perpetual conditions mandated in this Order. 101. Upon completion of work, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone" either on installed posts, existingtrees, or along the approved split rail fence i behind the units in "Area H" and behind the units n Area G with twenty-eight ( ) signs-ei h 28 t s or $n markers spaced evenly every 40 feet incorporating the following text: "Protected Wetland Resource Area" (available at the Conservation Department). In addition, eleven (11) of the same signs or markers shall be placed in the same manner along the 25' No Disturbance Zone starting from the end of the wood guard rail upgradient to wetland flag G5 ending at the 25' No Disturbance Zone upgradient to wetland flag J5. This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review iew and approval b � PP Y the NACC. The applicant shall instruct all agents to explain these g p markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 102. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or within 25 feet of a wetland resource area. This condition shall remain in perpetuity. C:\Winword\OOC\242-1398Edgewood.doc 17 NACC 2/15/2008 DEP FILE #242 -1398 103. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 104. 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. 105. Upon completion of construction and final site stabilization, 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 individual unit 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 unit. 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 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 detailing any deviations that exist, and their potential effect on the project. A statement that the work is in "substantial compliance" with no detailing of the deviations shall not be accepted. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Registered Engineer and Re Professional$r gl Land Surveyor f the o y Commonwealth. ThisP lan will include: ➢ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showingthe limit of work and the extent of existing erosion control devices. "Work" includes�jny disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. C:\Winword\OOC\242-1398Edgewood.doc 18 NACC 2/15/2008 DEP FILE #242 -1398 106. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw (Condition#32); ➢ Prohibition of any activities on the surrounding protected Open Space properties unless otherwise allowed by the Trustees of Reservations or The Town of North Andover (Condition#28); ➢ Prohibition of impediment/obstruction of the access way to the adjacent Town Open Space property (Condition #86); ➢ Maintenance of all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #69); ➢ All catch basins shall contain oil/gasoline traps and shall be maintained (Condition #81); ➢ Discharge or spillage of pollutants (Condition#96); ➢ Prohibition of underground fuels (Condition #97); ➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #98 & #99); Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #102); ➢ The approved "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan (Condition #61). C:\Winword\OOC\242-1398Edgewood.doe 19 NACC 2/15/2008 DEP FILE#242 -1398 APPENDIX A— AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission (NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition,which has been set forth in said Order of Conditions. ♦ I hereby:affirm and acknowledge that on this day of 20 I inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of .20 (Authorized agent of applicant or owner) C:\Winword\OOC\242-1398Edgewood.doc 20 NACC 2/15/2008 Mitigative Drainage Analysis "Edgewood Retirement Community" - North Andover, Mass. V) Operation and Maintenance Plan February 1, 2008 NOTE: This Operations and Maintenance Plan is to be applied to all structural best management practices on the properties owned and maintained by RECEIVED Edgewood Retirement Community, Inc. 10 FFR 012000 I. Stormwater Management System Owners: NORTH ANDOVER CONSERVATION COMMISSION The owner of the facility; Edgewood Retirement Community, Inc, herein referred to as the FACILITY OWNER shall be the owner of the associated drainage structures and maintenance of said structures. II: Parties Responsible for Operation and Maintenance: The general contractor of the project shall be responsible for the operation and maintenance of the stormwater management systems during construction. Upon completion of the project, the facility owner shall be responsible for the operation and maintenance of the stormwater management system 111. Inspection and Maintenance: a) Erosion Control shall be inspected and maintained/reinforced on a daily basis during construction. b) All exposed soil finish surfaces shall be immediately landscaped and stabilized; or loamed, seeded and mulched with a layer of mulch hay. Outside of the growing season, surfaces shall be covered with a layer of mulch hay until climate conditions allow for seeding. C) Immediately upon installation of any catch basin or storm drain, erosion control devices shall be set and staked around the inlet to prevent sediment from entering the drainage system prior to paving. d) All stockpile areas are to be covered, and should have a double row of haybales staked at the base. e) During construction, all drainage structures shall be cleaned on an as needed basis and/or after heavy rainfalls. Prior to the placement of any impervious materials on site, all drainage structures shall be properly installed and functional. After construction, the inspection of catch basins, including the oil and grease traps, shall be performed on a four times per year basis. The basins are to be cleaned at least once per year (after spring street sweeping) to prevent blockage. If it is found at the time of cleaning that the depth of the accumulated sediment is greater than 50% of the depth of the sump, the maintenance schedule shall be adjusted to include more frequent cleanings. Disposal of the accumulated sediment and hydrocarbons must be in accordance with applicable local, state, and federal guidelines and regulations. Structural repairs will be performed as needed. Mitigative Drainage Analysis "Edgewood Retirement Community" -North Andover, Mass. f) During construction (after paving) street sweeping shall be performed on a monthly basis to remove sediment before it enters the catch basins and drainage swales. After construction, street sweeping shall be performed with a vacuum type machine on monthly basis during the spring, summer and fall seasons. g) StormTech Infiltration Chambers shall be inspected quarterly and maintained in accordance with the manufacturer's suggested maintenance schedule. h) StormCeptor particle separators shall be inspected quarterly and maintained in accordance with the manufacturer's suggested maintenance schedule. i) After construction, the detention areas and sediment forebay shall be inspected twice annually, in the spring and early fall, for the failure or erosion of side slope embankments, integrity of the outlet control structure and for accumulated sediment. Necessary sediment removal, earth repair, and/or reseeding will be performed immediately upon identification. Sediment shall be removed from the existing detention basin and sediment forebay on an annual basis. Disposal of the accumulated sediment must be in accordance with applicable local, state, and federal guidelines and regulations. The grass on the detention area berms and side slopes, as well as in the drainage channels shall be mowed to a height no less than 4-inches, and grass clippings, organic matter, and accumulated trash and debris removed, at least twice during the growing season. Sediment shall be removed from the detention area when the sediment accumulates to an average depth of three inches (50% of the basin sump). Removal procedures shall not take place until the floor of the basin is thoroughly dry. j) Upon completion of construction, the pocket wetlands should be cleaned of sediment that may have accumulated during the construction. The wetland shall be planted with New England Wetmix (or equivalent) seed mixture at a rate no less than 1 Ib./2,500-sf. The stormwater wetland should be dewatered at least three days prior to planting. k) Sediment should be removed from the deepwater micropoois in the pocket wetlands annually, in late summer when there is little standing water in the wetland. 1) The large existing detention basin to the south of the access drive shall be cleared of sediment below the 12" orifice in the existing outlet control structure. This should be done during a dry period when minimal water is standing in the existing basin, preferably in late summer. Upon removal of sediment the floor of the basin is to be stabilized with a wet meadow seed mixture applied at the same rate specified for the proposed constructed wetlands on the project. Mitigative Drainage Analysis "Edgewood Retirement Community" -North Andover, Mass. m) Snow should be plowed to the vegetated shoulders along all drives where it can melt over pervious surfaces. Snow shall NEVER be place in wetlands or storm water treatement areas. Ever effort should be made to limit the use of de-icing compounds on site. n) Grass clippings, yard waste, debris and compost material are not to be disposed of in resource areas and/or their buffer zones. Materials to be composted should be stored outside jurisdictional buffer zones and covered. Erosion control should be provided at the downgradient slope of all compost piles. IV. Erosion and Sedimentation Control Techniques: The erosion and sedimentation control measures to be employed on the project site will include the following: • Silt Fence and Hay Bale Barriers • Catch Basin Inlet Protection • Crushed Stone Construction Entrance/Exit • Vegetative Slope Stabilization V. Construction Sequencing: At all areas, erosion control will be put in place before any construction activity occurs. The utilities and roadways for cottage areas will be done first, with the construction of the cottages to-follow. The sequence of construction for the various components of the project is planned to be the following: 1. Area G&H (concurrently) 2. Expansion for Social Day Program and Bistro 3. Expansion for Cognitive Impaired Unit 4. Area A cottages Typical construction sequencing for each phase to be as follows: 1. Install erosion control in accordance with the plans; 2. Inspect erosion control placement with designated monitor ; 3. Clear trees (if necessary) within phase area; 4. Stump and grub tree clearing areas; 5. Install stabilized construction entrances; 6. Cut and grade soil stockpile areas; 7. Begin construction of site driveways and phase utilities; 8. Begin building pad construction. Mitigative Drainage Analysis "Edgewood Retirement Community" - North Andover, Mass.. Dewatering: Should dewatering be required for construction a temporary settling basin shall be excavated at the most upgradient point outside of the 50-foot buffer and/or outside the 100-foot buffer if feasible. The temporary settling basin shall be lined with 6-inches of inch stone. Groundwater shall be pumped uphill to the settling basin. The discharge from the basin shall be directed to a swale with crushed stone check dams every 15- feet. The swale shall taper to a level spreader to disperse flow. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of ConditionsLl 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special F condition pursuant to General Conditions#4, from the date of issuance. 1. Date of Issbance, Please indicate the number of members who will sign this form: T This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Region if not filing electronically, and the property owner, if different from applicant. Signatures: Cly Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this 1` _ re-��u a►~�V 000 F Day of Month Year Before me, the undersigned Notary Public, '5c071+ MaSSQ personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town DONNA M.WEDGE i NOTARY PUBLIC CO CO iH OF xpbwMASSACHUSETTS ug. 2009 Signature of Notary Public l� � � u9• Printed Name of Notary Public Place notary seal and/or any stamp above 7�a00% My Commissi Expires(Date) This Order is issued to the applicant as follows: dby hand delivery on ❑ by certified mail, return receipt requested, on S Date Date wpaform5.doc• rev.3/1/05 AL Page 7 of 9 111 L Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate fling fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.3/1/05 - Page 8 of 9 ;F Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ---------------------------------------------------------------------------=----------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 575 Osgood Street and 549 Osgood Street 242-1398 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaforrn5.doc• rev.3/1/05 Page 9 of 9