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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
Ll WPA Form 8B — Certificate of Compliance
242-1270
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Peter Tomasz
computer, use Name
only the tab
key to move 69 Milk Street
your cursor- Mailing Address
do not use the North Andover MA. 01845
return key. City/Town State Zip Code
e/(l� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Peter Tomasz
Name
10/13/04 242-1270
Dated DEP File Number
3. The project site is located at:
69 Milk Street North Andover
Street Address City/Town
Map 59 Parcel 39
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
• i
Property Owner(if different)
Essex North instrument#49782
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
7/8/05
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
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h
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
�I
wpaform 8b.doc•rev.7/13/04 Page 1 of 4
Massachtisetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA .Form 8B — Certificate of Compliance 242-1270
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
re
Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced
sed and is therefore no
Order of Conditions has la
Order of Conditions never commenced. The p
longer valid. No future work subject to regulation under the Wetlands Protection Act may
commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
68 - No it! As-L,If(-,,J ',, rfw;c.s( ek� -A
hnkniekred 1^0v% Itnd
U
C. Authorization
Issued by:
North Andover 7 1� 0
Conservation Commission Date otAssdahce
e
This C rtificate us a signed by a majority of the Conservation Commission an py sent to the
applica t an a ro ate DEP Regional Office (See Attachment).
Signat es:
I
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"aform 8b.doc•rev.7/13/04 Page 2 of 4
I
Massachusetts Department of Environmental Protection
Bureau of Resource Protect
ion -Wetlands
DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1270
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of
Essex North
On this Day Of Month Year
before me, the undersigned Notary Public, personally appeared
co f N-6 Ste.
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.
North Andover Conservation Commission
As member of cityrrown
DONNA M.WEDGE Si ature of Notary Public f
NWARY t�ueuc )ht0 0 a
Cp� Printed Name of Notary Public
7
My Commission E pires(Date)
Place nota l and/or an stamp above 7 AeG`'
notary seay p Si nature of Notary Public
f
Page 3 of 4
wpaform 8b.doc•rev.7/13/04
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B - Certificate of Compliance 242-1270
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
242-1270
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
I
Document Number
Signature of Applicant
wpaform 8b.doc-rev.7/13/04 Page 4 of 4
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to: .
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway. Hancock Montague Plainfield Wales
g Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston
Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Matlapoisett Provincelown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Boume Easton Harwich Norwell Scituate West Tisbury
TDD: 508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform8b.doc•DEP Addresses•rev.7/11/05 Page 1 of 1
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L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
1 WPA Form 5 - Order of Conditions 242-1270
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When fillingFrom:
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 Peter Tomasz
use the return a.First Name b. Last Name c.Company
key. 69 Milk Street
d.Mailing Address
t° North Andover MA. 01845
e.City/Town 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:
69 Milk Street North Andover
a.Street Address b.City/Town
Map 59 Lot 39
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): e. Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a. County b.Certificate(if registered land)
3982 111
c. Book d. Pa e
9/10/04 a o /d 3 0 _
7. Dates: a. Date Notice of Intent Filed b.Date ubli Hearing Closed c. Date Issu nce
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Plan
a. Plan Title
New England Engineering Services, Inc. Benjamin C. Osgood, Jr., P. E.
b. Prepared By c.Signed and Stamped by
9/10/04 1" =20'
d.Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
9. Total WPA Fee Paid: $55.00
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
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wpaform5.doc- rev.9121104 Page 1 of 8
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L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
1 WPA Form 5 - Order of Conditions 242-1270
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
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.9121/04 Page 2 of 8
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Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands .
WPA Form 5 - Order of Conditions 242-1270
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 feetf.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
Sq ft between 100-200 ft e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
s. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.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. ❑ 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.9/21/04 Page 3 of 8
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LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1270
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection"[or, WA DEP"]
"File Number
242-1270 "
wpaform5.doc• rev.9/21/04 Page 4 of 8
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
DEP File Number:
Ll WPA Form 5 - Order of Conditions 242-1270
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.9/21/04 Page 5 of 8 '
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DEP FILE#242 - 1270
Therefore, the North Andover Conservation Commission (hereafter the "NACU)
hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the State Regulations, the local Bylaw and
Regulations, to protect those interests noted above. The NACC orders that all work
shall be performed in accordance with said conditions and with the Notice of Intent
referenced below. To the extent that the following conditions modify or differ from the
plans, specifications or other proposals submitted with the Notice of Intent, the
conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does
not authorize any injury to private property or invasion of property rights.
However, the NACC, agent of the NACC or the Department of Environmental
Protection (DEP) reserves the right to enter and inspect the property at all
reasonable times until a Certificate of Compliance is issued, to evaluate compliance
with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland
Bylaw and Regulations, and may require any information, measurements,
photographs, observations, and/or materials, or may require the submittal of any
data or information deemed necessary by the NACC for that evaluation. Further,
work shall be halted on the site if the NACC, agent or DEP determines that any of
the work is not in compliance with this Order of Conditions. Work shall not resume
until the NACC is satisfied that the work will comply and has so notified the
applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-
laws or regulations.
21. The work authorized hereunder shall be completed within three years from the date
of this order.
22. This Order may be extended by the issuing authority for one or more periods of up
to one year each upon application to the issuing authority at least thirty days (30)
prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North
Andover Wetland Regulations).
C:\Winword\OOC\69 Milk Street.doc 1 NACC 10/13/04
w
DEP FILE # 242 - 1270
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 of Conditions is issued under File No. 242-1270.
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: Site grading associated with the construction of an
addition, and driveway to an existing single-family house within 100-feet of
Bordering Vegetated Wetlands (BVW).
29. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Peter Tomasz (applicant)
69 Milk Street
North Andover, MA 01845
Received September 10,2004
Site Plans &Notice of
Intent prepared by: New England Engineering Services
60 Beechwood Drive
North Andover, MA 01845
Entitled: "Site Plan: 69 Milk Street, North Andover, MA", dated
September 10,2004. Signed & Stamped by Benjamin C.
Osgood,Jr., P.E.
C:\Winword\OOC\69 Milk Street.doc 2 NACC 10/13/04
DEP FILE #242 - 1270
30. The following wetland resource areas are affected by the proposed work: Buffer
Zone associated to Bordering Vegetated Wetland (BW. These resource areas are
significant to the interests of the Act and Town Bylaw as noted above and therein.
The applicant has not attempted to overcome the presumption of significance of
these resource areas to the identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
32. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource areas. In
order to prevent any alteration of wetland resource areas a twenty five foot (25')
No-Disturbance Zone and a fifty foot (50') No-Construction Zone shall be
established from the edge of the adjacent wetland resource area except in those
previously disturbed locations as depicted on the approved plan. The
Conservation Administrator and/or other agents of the NACC do not have the
authority to waive these setbacks as established under the local bylaw. No
disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance
zone. (See Section 3.4 &Appendix F of the local Regulations).
33. There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that alter the
post development watershed boundaries as currently depicted in the Notice of
Intent and approved by this Order of Conditions, unless specifically approved in
writing by the Commission.
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,
subcontractors, and other personnel performing the permitting work are fully aware
of the permits terms and conditions. Thereafter, the contractor will be held jointly
liable for any violation of this Order resulting from failure to comply with its
conditions.
35. The owners of the project and their successors in title, in the event they proceed to
alter areas subject to the Commissions jurisdiction under the order, agree that the
Order does not in itself impose upon the Town any responsibility to maintain the
proposed drainage system and that said Town shall not be liable for any damage in
the event of failure. By acceptance of this Order, the owners agree to indemnify and
hold harmless to the Town and its residents for any damage attributable to
alterations undertaken on this property pursuant to the Order. Issuance of these
Conditions does not in any way imply or certify that the site or downstream areas
will not be subject to flooding, storm damage or any other form of water damage.
CAWinword\00C\69 Milk Street.doc .3 NACC 10/13/04
DEP FILE #242 - 1270
Maintenance of the drainage system, if accepted by the Town as part of a public
way, becomes the responsibility of the Town.
36. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form
of water damage.
PRIOR TO CONSTRUCTION
37. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
38. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the
Final Order has been recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title of the affected property.
In the case of recorded land, the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land upon which the proposed
work is to be done. In the case of registered land, the Final Order shall also be noted
on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording information shall be submitted to the
North Andover Conservation Commission on the form at the end of this Order
prior to commencement of the work. Any Order not recorded by the applicant
before work commences may be recorded by the NACC at the applicant's expense.
39. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP,File Number 242-1270."
40. Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the NACC
for approval prior to implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The proposed project
may be still under review by other local or state boards or agencies. This may result
in changes to the project plans or wetland impacts. If any such changes occur a
revised plan and an explanation of the revisions shall be submitted to the NACC for
review and approval prior to the start of construction. No work shall begin on a
project until written approval has been granted by the NACC.,
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DEP FILE #242 - 1270
41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and
referenced documents before commencement of construction.
42. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of
compensation and retention areas, installation of sedimentation/erosion control
devices and re-vegetation to be completed before other work begins on-site.
43. 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.
44. A row of staked hay bales backed by trenched siltation fence shall be placed
between all construction areas and wetlands. The erosion control barrier will be
properly installed and placed as shown on the plans approved and referenced
herein and shall be inspected and approved by the NACC prior to the start of
construction and shall remain intact until all disturbed areas have been permanently
stabilized to prevent erosion. All erosion prevention and sedimentation protection
measures found necessary during construction shall be implemented at the direction
of the NACC. The NACC reserves the right to impose additional conditions on
portions of this project to mitigate any impacts which could result from site erosion,
or any noticeable degradation of surface water quality discharging from the site.
For example, installation of erosion control measures may be required in areas not
shown on the plan(s) referenced in this Order of Conditions. Should such
installation be required by the NACC, they shall be installed within 48 hours of the
Commissions request.
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales
(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.
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DEP FILE #242 - 1270
46. A check payable to the Town of North Andover shall be provided in the amount of
$3,000,which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer
through the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been.made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is
issued under the authority of the local Bylaw.
47. The applicant shall designate a 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 writing by the
hired professional in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period, including weekends This 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. At least once per week in which construction activities occurs
on-site and for as long thereafter as ground remains unstabilized, the applicant shall
submit a written report from the "Erosion Control Monitor' to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site inspection,
all work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to. The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for
their maintenance on a weekly basis and that they are functioning as intended. In
addition, all wetland resource areas must be visually inspected for siltation,
turbidity, and/or other water quality impacts.
48. Prior to construction, the applicant shall permanently mark the edge of the 25' No-
Disturbance zone or the edge of delineated wetland resource, in those locations
where the 25' No-Disturbance Zone is not being maintained,with four (4) signs or
markers evenly spaced, every 25-feet incorporating the following text: "Protected
Wetland Resource Area". This will designate their sensitivity and assure no further
inadvertent encroachment into the wetland. These permanent markers are subject
to review and approval by the NACC and are available at the Conservation Office.
The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the
applicant.
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DEP FILE #242 - 1270
49. Prior to construction activities,the applicant shall stake the corners of thegarage
addition by a Professional Land Surveyor.
50. The applicant and/or the legal owner of that portion of land upon which these
Orders of Conditions have been placed shall provide to the NACC prior to
transferring, or assigning any portion of said land to another party, subject to said
Orders of Conditions,the "Compliance Certification Form Affidavit" attached via
"Appendix A" signed under the pains and penalties of perjury, stating that said
applicant and/or owner has read these Orders of Conditions and is in compliance
with each and every condition. This document shall apply to each of the conditions
referenced herein and shall be provided to the Conservation Department at least
five (5) business days prior to the closing of said land transaction.
51. Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC
representative,the contractor,the engineer,wetland scientist and the applicant to
ensure that all of the Conditions of this Order are understood. This Order shall be
included in all construction contracts, subcontracts, and specifications dealing with
the work proposed and shall supersede any conflicting contract requirements. The
applicant shall assure that all contractors, subcontractors and other personnel
performing the permitted work are fully aware of the permit's terms and conditions.
Thereafter, the contractor will be held jointly liable for any violation of this Order of
Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to ensure compliance
with this Order. A reasonable period of time shall be provided as notice of the
pre-construction meeting (e.g. 72 hours).
DURING CONSTRUCTION
52. IMPORTANT: Immediately upon completion of the dwelling foundation, and
prior to further construction activities associated with the site, the applicant shall
complete a plan prepared by a Registered Professional Land Surveyor of the
Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it's
proximity to wetland resource areas as approved under this Order of Conditions.
Said plan shall be submitted to the Conservation Administrator for approval.
53. Upon beginning work, the applicant shall submit written progress reports to the
Commission once per month detailing what work has been done in or near resource
areas, and what work is anticipated to be done over the next period. This will
update the construction sequence.
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DEP FILE #242 - 1270
54. De-watering activities anticipated must be supervised and witnessed by the
designated Erosion Control Monitor. This designee must be on-site while work
specific to de-watering activities are occurring and until complete. Activities shall be
monitored daily by the erosion control monitor to ensure that sediment laden water
is appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject to jurisdiction under the
MA Wetlands Protection Act and / or the North Andover Wetlands Bylaw. If
emergency de-watering requirements arise, the applicant shall submit a contingency
plan to the Commission for approval, which provides for the pumped water to be
contained in a settling basin, to reduce turbidity prior to discharge into a resource
area.
55. An fill used in connection with this project shall be clean fill containing no trash,
Y P l � g
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.
56. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
57. 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.
58. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area.
59. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
60. 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.
61. Accepted engineering and construction standards and procedures shall be followed
in the completion of the project.
62. 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
CAWinword\OOC\69 Milk Street.doc 8 NACC 10/13/04
I
I
DEP FILE #242 - 1270
any pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored
within 100 feet of wetland resource areas, and no vehicle refueling, equipment
lubrication, or maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
63. 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.
64. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This
condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Town's Wetland
Protection ByLaw and shall remain in perpetuity.
65. 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.
66. 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.
67. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted
with the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their
property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
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DEP FILE #242 - 1270
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying
that the work has been conducted as shown on the plan(s) and documents
referenced above, and as conditioned by the Commission.
i. An "As-Built" plan prepared and signed and stamped by a Registered
Professional Civil.Engineer (and/or Registered Professional Land Surveyor)
of the Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations and grades of all filled or
altered wetland resource areas including the encompassing buffer
zone, which is regulated as a resource area under the local Wetland
Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, additions, fences, sheds,
stone walls, pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion
control devices. "Work" includes AU disturbance of soils or
vegetation.
➢ Location of all subsurface utilities entering the property.
68. 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 DEP# 242-1270. Future work within
100' of existing wetland resource areas will require a separate filing
with the NACC (refer to Section XI (page 18) of the Regulations for
performance standards within these zones) 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;
➢ Discharge or spillage of pollutants (Condition # 62);
➢ Prohibition of underground fuels (Condition #63);
➢ Limitations on the use of fertilizers, herbicides, and pesticides
(Conditions # 64).
C:\Winword\00069 Milk Street.doc 10 NACC 10/13/04
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DEP FILE #242 - 1270
APPENDIX A- AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
& I
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
i
C:\Winword\OOC\69 Milk Street.doc 11 NACC 10/13/04
L7Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1270
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Furthermore, the North Andover hereby finds (check one that applies):
Conservation Commission
2. ❑ 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.
3. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If you need more c. The special conditions relating to municipal ordinance or law are as follows:
space for p 9 p y
additional
conditions, See attached
select box to
attach a text
document
E. Issuance
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions from the date of issuance.
/0 / o
1. Dat of is ance
Please indicate the number of members who will sign this form:
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically (see Appen nd the property
owner, if different from applicant.
Signatu s:
I
r
wpaform5.doc• rev.9/21/04
Page 6 of 8
Massachusetts Department of Environmental Protection
I
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1270
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this a a �'d of be-r
Day Month Year
Before me, the undersigned Notary Public, personally appeared
Name of Document Signer
proved to me through satisfactory evidence of identification,which was/were
4M. LI'ceivse-
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
2
S�ignature of Notary Public
A DGc
Printed Name of Notary Public
DONNA M.WEDGE
WTAW aueuc
Place notary seal and/or any stamp above
My Commis s1WJpy 7��p
This Order is issued to the applicant as follows:
❑ by hand delivery on dby certified mail, return receipt requested,on
Date Date
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: 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.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to theP rotection 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.
wpaform5.doc• rev.9/21/04 Page 7 of 8
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1270
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:
242-1270
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
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