HomeMy WebLinkAboutMiscellaneous - Meadowood III3
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Date.....................
0 f 00RTPq TOWN OF NORTH ANDOVER
POWAT FOR GAS INSTALLATION
This certifies that ............... ........ ..........
has permission for gas installation ..................
in the buildings of ..... ;.0. 5 .....................
at ....... 1. M .............. I North Andover, Mass,
Fee2.--)— ' 4-� 3.VA . . ..........................
Lic. No. . .
GASINSPECTOR
WHITE: Applicant CANARY: Building Ddpt. PINK: Treasurer GOLD: File
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MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO GASFITTING
(Print or Type)
v ,Mass. Date b 1 Q_Q__3_ Kermit *
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Installing
Building Location o bol #-)(3 Owner's Name
Type of Occupancy. 2�1" SnIA
New Renovation ❑ Replacement ❑ Pians Submitted: Yes[] No ❑
Name --C th L 14A S pL�1
kNAV Id i 4 -04
Business Telephone_ _%-% V— J-) V3
Name of Licensed Plumber or Gas Fitter
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Check one:
`W Corporation
❑ Partnership
❑ Firm/Co.
Certificate
19-64
INSURANCE COVERAGE:
I have ayes currenLilabilfty Insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142.
Y7 No 0
If you have checked ve, please Indicate the type coverage by checking the appropriate box.
A liability Insurance policy �r Other type of Indemnity ❑ Bond ❑
OWNER'S INSURANCE WAIVER: i am aware that the licensee does not have the insurance coverage required by
Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement.
Check one:
Signature of Owner or Owner's Agent Owner[] Agent ❑
I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my
knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all
pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of the General La s.
Title
City/Town
APPROVED OFFlC S_O L )
Tvae of License:
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lumber Signat re of License Plumber or as Fitter
aseter
astter License Number
ourneyman
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Name of Licensed Plumber or Gas Fitter
L -
Check one:
`W Corporation
❑ Partnership
❑ Firm/Co.
Certificate
19-64
INSURANCE COVERAGE:
I have ayes currenLilabilfty Insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142.
Y7 No 0
If you have checked ve, please Indicate the type coverage by checking the appropriate box.
A liability Insurance policy �r Other type of Indemnity ❑ Bond ❑
OWNER'S INSURANCE WAIVER: i am aware that the licensee does not have the insurance coverage required by
Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement.
Check one:
Signature of Owner or Owner's Agent Owner[] Agent ❑
I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my
knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all
pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of the General La s.
Title
City/Town
APPROVED OFFlC S_O L )
Tvae of License:
TM
lumber Signat re of License Plumber or as Fitter
aseter
astter License Number
ourneyman
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40. / 07-) 77 Date
TOWN OF NORTH ANDOVER
so 'Certificate of Occupancy
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MAR -16-98 02:06 PM ATLANTIC. ENGINEERING 5089$29940
,Atlantic .Engineering &
Survey Consultants, Inc.
97 Tenney Street -- Suite 5
Georgetown, MA 01833
(508)352-7870 — Fax(508)352-9940
P. 0!
March 13, 1.998
James Demetri
Evergreen Management
200 Park Street
North Reading, Ma. 01864
RE: Meadowood f if
Retaining wall
Dear Jim,
As requested by your office, on March 0 Atlantic Engineering made a site inspection at the above referenced site to
determine the structural integrity of the retaining wall which abuts the driveway for Lots 24 and 25 off of Peterson
Road.
Our inspection of the wall was done after the storm event that dropped approximately three inches of rain in the area
on March 61h, There had been some erosion between the top of the wall and the edge of the pavement of the
driveway. The reason this area showed some erosion was due to the height difference between the top of the wall
and the edge of pavement.
Our recommendation for rectifying this situation is to form a 12inch thick concrete wall on top of the large stone of
the existing wall (approximately 2 feet down from existing grade ) and secure the concrete cap to the largo existing
stones by drilling the stones and installing rebar into the stone and extending into the concrete cap, The height of
the concrete wall should only be a couple of inches below the finish grade of the existing pavement. Therefore any
storm water can runoff the driveway and the retaining wall without eroding any soil that is between them. In the
areas where the pavement butts into the retaining wall the grade of the wall should be approximately the same height
of the pavement so surface water is not trapped,
At this time, other than what is recommended above, the existing; retaining wall is structurally sufficient for the
purposes for which it is intended. Which is to provide for driveway access for Lots 24 and 25 without enc,�coaching
upon the wetland setback distances as specified by the North Andover Conservation Commission.
S' ely,
Martin Halleran, f ,E,
Project Manager
CC: Michael I toward. NAM
Ari. Murk. 13, .ANrrimm
Kon Surattu, NARD
03/16/98 13:58 TX/RX N0.8359 P.001
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TOWN OF NORTH ANDOVER U"=
11 \i t l • \:. i v
MASSACHUSETTS ►il�
This is to certify that twenty (20) days
have elapsed from date of decision filed
without filing, appe81,
Date, -1 ,- / P s 3
81
Town perk
Any apNpal Shell he filed
'.1 -v- �;`c the
within (2�, ���
date of Notice
in the iown
NOTICE OF DECISION
ATTEST:
A True Copy
F.
Town Clerk
Date . , , November. 3; , 1992.........
October 14, 1992
Date of Hearing October. 20..1992.
Petitionof , , . Meadows. Realty Trust. , .. , • ..................................
Premises affected ....?cjover ,By, -Pass ,- ,Horth ,s,�de. . . . . . ..................... .
Referring to the above petition for a special permit from the requirements
of the , , North ?;ndover Z,onirg, Bylaw -, Section, , 4; 12,5,,, ��F�, zl,-�. . . . . . . ....... .
e
so as to permit . ,the ,ggnstruction of ,�5 sir�gl,q , a�ily. ,dwe,l,i�ngs, ,ori ,5,,,0,0,0, ,4q..�t . lots
an allowed use in the Residential -6 Zoning District.
..............................................................................
After a public hearing given on the above date, the. Planning Board voted
CONDITIONALLY
to ,AP.PP.QVZ ........the ..SPZQ?AJ—P .R*i?T........................................
CC: Director of Public Works
Building Inspector
Conservation Administrator
Health Administrator
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Interested Parties
based upon the following conditions:
Signed i jc- S
George D. Perna, Chairman
John Simons
...................... e.........
.John.Draper....................
Joseph Mahoney
Richard Nardella
• ' ...planning ' Board
i
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MEADOWOOD
SPECIAL PERMIT, RESIDENTIAL -6 Z02:ING DISTRICT(R-6)
The Planning Board herein approves the Special Permit requested
by Meadows Realty Trust, dated 9/28/92 in accordance with
Sections 4.125, 10.3 and 10.31. The Planning Board makes the
following findings regarding this Special Permit for the
construction of 26 single family dwellings (28 lots) with a
minimum 5,000 square foot lot and minimum frontage of 75 feet in
a Residential -6 District.
A. The specific site is an appropriate location for such a use;
B. The use as developed will not adversely affect the
neighborhood;
C. There will be no nuisance or serious hazard to vehicles or
pedestrians.
D. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
E. The application before us in harmony with the general
.purpose and intent of this Bylaw.
The Planning Board also makes the findings under Section 4.125 of
the Zoning Bylaw that the proposed Residential -6 development is
in harmony with the general purpose and intent of the Bylaw. The
R-6 concept as designed will provide for a neighborhood setting
with land set aside. for a 'tot lot'. The development is
sufficiently advantageous to the Town and promotes the public
health, safety and general welfare of the citizens of the Town of
North Andover. It is appropriate to depart from the requirements
of this bylaw otherwise applicable to this Zoning District in
which the parcel is located. In particular, the Planning Board
finds that this project will:
A. Promote the more efficient use of land in harmony with its
natural features;
B. Encourage the preservation of the existing tree line and
provide for a conservation easement;
C Permit greater flexibility and more diverse, -efficient, and
economical design of residential developments;
D. Facilitate economical and efficient provisions of utilities;
E. Meet the Town's housing needs by promoting different types
of housing which is a benefit to the residents of North
Andover.
Finally, the Planning Board finds that the R-6 complies with the
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Zoning Bylaw requirements so long as the following additional
conditions are complied with. Therefore, in order to fully comply
with the approval necessary to construct the R-6 as specified in
this Special Permit application, the Planning Board herein grants
this approval provided the following conditions are met:
1. All Planning Board order of Conditions are to be placed upon
the recorded Final Plans, (Cover Sheet) prior to endorsement
and filing with the North Essex Registry of Deeds (NERD).
2. The applicant shall comply with all North Andover Department
of Public Works Rules and Regulations.
3. Any action by a Town Board, Commission or Department which
requires charges in the roadway alignment, drainage
facilities, grading or no cut lines, may be subject to
modification by the Planning Board.
4. As allowed through the Special Permit process, the Planning
Board has discretion in all matters which relate to the
dimensional requirements in a Residential -6 Zoning District.
The proposed 28 lots are shown in accordance with a three
(3) acre minimum of contiguous parcel of land in single
ownership/consolidated ownership. The appropriate measures
will be taken to preserve the wetland open space by
restrictive covenant.
As such the Planning Board allows the applicant to construct
26 single family dwellings and subdivide two (2) existing
lots with dwellings.
5. The applicant shall adhere to.the following requirements of
the Division of Public Works:
a. The grade of the proposed sewer on Willow Street must
be changed to allow the service connections to be
installed below the proposed water main.
b. A 12" gate valve should be installed at the end of the
proposed water main to facilitate future extension.
c. A statement must be obtained from the operator of the
Route 114 sewer pumping station quantifying existing
sewage flows and available excess permitted capacity to
accept projected flows from the Meadowood subdivision.
d. A sewer extension permit must be obtained from the
Division of Water Pollution Control of the
Massachusetts Department of Environmental Protection.
e. A complete set of signed plans, a copy of the planning
Board decision and a copy of the Conservation
Commission Order of Conditions must be on file at the
Division of Public Works prior to issuance of permits
3
for connection to utilities.
The applicant shall adhere to the following requirements of
the Fire Department:
A. All proposed structures are to contain residential fire
sprinkler systems in conformance with the North Andover
Fire Department.
7. The applicant shall adhere to the Massachusetts Department
of Public Works (MDPW) requirements for the intersection
improvements at the Andover Bypass intersection with Willow
Street:
A. A curb -cut permit shall be obtained for access and
egress of the proposed development.
B. Striping, acceleration and deceleration lanes shall be
constructed in accordance with MDPW requirements.
C. Adequate sight distances shall be maintained at said
intersection.
D. Willow Street shall be upgraded approximately 400 feet
in from the Bypass.in accordance with approved plans.
E. Temporary signs shall be placed near the intersection
of Route 125 and Willow Street to inform motorists of
.the, construction activity.
S. Prior to the Planning Board's endorsement of the record
plans:
A. All sheets shall be revised to comply with the
conditions listed herein.
B. All easement documents shall be. L. and presented
to the Planning Department, including roadway/utility
conveyance, sewer/water, no -cut, and drainage easements
located either in the public R -O -W, or individual lots.
*All easements on individual lots must be recorded
along with the record plans.
C. A complete construction schedule shall be --given to the
Town Planner for review and approval. This schedule
should include the sewer and drainage lines and all
utilities which will require openings in any existing
roadway for tie-ins. This schedule is part of this
decision.
D. Copies of the final conservation restriction affecting
lots #1-8 shall be recorded at NERD.
T
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b.
E. Covenants shall be recorded to insure that the
architectural style of the proposed dwellings shall be
uniform in Design (two story/attached garage).
F. A detailed street tree planting list shall be prepared
listing specific material to be used. This list shall
indicate quantity and size of all proposed material.
G. An eight (8) foot tall wood fence shall be placed along
Bud Realty Trust land and the Bypass as delineated on
the approved and final plans.
H. Prior to the issuance of a building permit for Lot C, a
common driveway special permit shall be obtained for
Lot C and Lot B by using Lot B's existing driveway
curb -cut.
I. The existing driveway on Lot A shall terminate its
access to the Bypass and use Willow Street. Conversely,
Lot 17 shall use the curb -cut on the Bypass as its
access.
*Pavement shall be removed to eliminate connection
between the two lots.
J. Temporary parking shall be provided on Lot 17 during
its use as a model home. At the time of occupancy for
dwelling purposes, the parking area shall be removed.
K. The applicant shall work with DPW and DPCD in the
design and layout of the proposed 'tot lot'.. It is
agreed that -the developer will provide the initial
playground equipment for the lot.
L. a designated school bus shelter shall be located within
the right-of-way near the tot lot.
9. Prior to a building permit being issued for any structure:
A. Bonds, in an amount to be determined by the Planning
Board, shall be posted to ensure construction and/or
completion of sewers, roadways, and other pertinent
public amenities, These bonds shall be in the form of a
Tri -Party Agreement or Passbook.
B. A separate bond, in an amount to be determined by the
Planning Board, shall also be posted to ensure
completion of all site screening. This bond shall be in
the form of a bank passbook.
C. All appropriate erosion control measures shall be in
place. Final determination of appropriate measures
shall be made by the Planning Board or staff.
D. All catch basins shall be protected and maintained with
S
hay bales to prevent siltation into the drain lines
during construction.
E. Proof of recorded easements on all individual lots, as
noted in condition ?Ire, shall be provided to the
Planning Board.
10. Prior to Certificate of occupancy being issued for any
structure:
A. The site shall receive all necessary permits from the
Health Department.
B. The site shall be continuously reviewed by the Planning
Board/Staff. Any additional screening as may be
reasonably required by the Planning Board shall be
added at the applicants expense. A percentage of the
bond required in Condition n9B shall be retained for
this purpose.
C. All disturbed areas on the lot in question shall be
.suitably stabilized.
D. All site amenities associated with the lot in question
shall be installed. (ie. fences, landscaping, walkway
and drives.)
11. Deed restrictions must be filed with the Planning Board and
recorded, at the Registry to enforce the no -cut line that
shall be established along the back of all lots which are
within the wetland buffer zone of the eastern most boundary
of the property.
12. There shall be no burying or dumping of construction
material on the site.
13. Any signs utilized for this project must obtain a sign
permit as required by Section 6 of the Bylaw and be reviewed
by the Town Planner and approved by the Building Inspector.
14. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the. respective utility companies.
Dig safe shall be contacted 72 hours in advance.
15. An as -built plan and profile shall be submitted for review
and approval prior to the final release of DPW bond money. A
certified interim as -built verifying that all utilities have
been installed in accordance with the plans and profile
shall be submitted prior to the application of the binder
coat of pavement. In addition, all required inspection and
testing of water, sewer, and drainage facilities shall be
completed prior to binder course of paving.
k
16. Tree cutting shall be kept to a minimum throughout the
project in order to minimize erosion and preserve the
natural features of the site. The developer shall inform the
Town Planner when tree cutting is to occur.
17. Tree cutting shall be kept to a minimum throughout the
project in order to minimize erosion and preserve the
natural features of the site. The developer shall inform the
Town Planner when tree cutting is to occur.
18. Two to two and one-half inch caliper (2-2.511) street trees
are to be placed every fifty (50) feet. Tree species shall
be approved by DPW.
19. The provisions of this conditional approval shall apply to
and be binding upon the applicant, it's employees and all
successors and assigns in interest or control.
20. All construction shall commence within two (2) years from
the date of this approval and shall be completed within five
(5) years from the date of this approval.
21. The Planning Board considers this roadway to meet the
definition of a Minor street as found in the Rules and
Regulations Governing the Subdivision of Land, Revised 1989.
(For specific conditions see definitive plan decision dated
October 20, 1992, filed November 3, 1992)
21. The following information shall be considered as part of
this decision:
Plans Entitled: Special Permit and Definitive
Subdivision Plan. Meadowood, North
Andover, MA.
Dated: September 15, 1992; rev. #1 (sheet
1,2,6); rev. #2 (sheet #3)
Scale: 1^ = 40'
Sheets: One through 7, (1-7)
Prepared By: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Booklet: Meadowood Subdivision
Prepared By: Thomas Laudani
Dated: October 14, 1992
Included: Project . Overview, Technical
Specifications, Elevations -- Front,
Floor Plans: Classic, Columns,
Victorian, Colonial
1450 — 1650 Gross Square
feet.
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Administrator
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
9
CONSERVATION RESTRICTION
I. GRANTOR CLAUSE:
I, Christopher J. LeSaffre, Trustee of Meadows Realty
Trust, u/d/t dated July 30, 1992, and recorded in North Essex
Registry of Deeds on January 7, 1993 as Instrument No. 523,
having an address at 733 Turnpike Street, Suite 209, North
Andover, Massachusetts 01845 ("Grantor"), acting pursuant to
Sections 31, 32 and 33 of Chapter 184 of the General Laws, grant,
with quitclaim covenants, to the Inhabitants of the Town of North
Andover, acting by and through its Conservation Commission,
located at 120 Main Street, North Andover, Massachusetts, and
its successors and permitted assigns ("Grantee") in perpetuity
and exclusively for conservation purposes as set forth in Section
8C of Chapter 40 of the General Laws, the following described
Conservation Restriction on a parcel of land located in the Town
of North Andover, Massachusetts, said parcel being described as
follows (the "Premises"):
The easterly portions of Lots 1 through 8 designated as
being within the "Existing Wetlands Edge" as shown on Sheet 3 of
7 of a plan entitled "Special Permit and Definitive Plan,
Meadowood,-North Andover, Mass., Owner and Developer: Meadows
Realty Trust, P.O. Box 6700, Suite 209, North Andover,
Massachusetts," dated September 15, 1992, by Merrimack
Engineering Services, Inc., 66 Park Street, Andover, MA 01810,
filed with North Essex Registry of Deeds on January 7, 1993 as
Plan No. 12178 (hereafter referred to as the "Premises").
II. PURPOSES:
The Premises as described herein contain unusual unique or
outstanding qualities the protection of which in their
predominantely natural or open condition will be of benefit to
the public. These qualities include various plant species and
aesthetic qualities of wooded wetlands.
III. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND
PERMITTED USES:
A. Prohibited Acts and Uses. Subject to the exceptions
set forth in paragraph B below, the following acts and
uses are prohibited on the Premises:
1. Constructing or placing of any building, tennis
court, landing strip, mobile home, swimming pool,
fences, asphalt or concrete pavement, sign,
billboard or other advertising display, antenna,
utility pole, tower, conduit, line or other
temporary or permanent structure or facility on,
below or above the Premises;
-1-
10,1.600
B.
10,1.600
2. Mining, excavating, dredging or removing from the
Premises of soil, loam, peat, gravel, sand, rock or
other mineral resource or natural deposit;
3. Placing, filling, storing or dumping on the
Premises of soil, refuse, trash, vehicle bodies or
parts, rubbish, debris, junk, waste or other
substance or material whatsoever or the
installation of underground storage tanks;
4. Cutting, removing or otherwise destroying trees,
grasses or other vegetation;
5. Activities detrimental to drainage, flood control,
water conservation, erosion control or soil
conservation;
6. Any other use of the Premises or activity which
would materially impair significant conservation
interests unless necessary for the protection of
the conservation interests that are the subject of
this Conservation Restriction.
Exceptions to Otherwise Prohibited Acts and Uses.
The following acts and uses otherwise prohibited
in subparagraph A are permitted but only if such acts
or uses do not materially impair significant conser-
vation interests.
1. Construction of a building, other structure, or
improvement incident to woodland, farming and
animal husbandry operations carried on in
accordance with sound agricultural and forest
management practices.
2. Excavation and removal from the Premises of soil,
gravel or other mineral resource or natural deposit
as may be incidental to the maintenance or removal
of underground tanks, septic systems, utilities,
and other underground structures or to the
maintenance of good drainage, soil conservation
practices or to other permissible use of the
Premises.
3. The maintenance of piles of limbs, brush, leaves
and similar biodegradable material provided such
piles do not interfere with the conservation
objectives of this Conservation Restriction.
4. The placement or construction of facilities for the
development and utilization of energy resources,
including without limitation, wind, solar,
hydroelectric, methane, wood alcohol, and fossil
-2-
fuels, for use principally on the Premises.
5. The placing of fences that do not interfere with
the conservation purposes of this restriction.
6. Selective cutting of trees for fire protection,
unpaved trail and road maintenance, tick control,
or otherwise to preserve the present condition of
the Premises, including vistas.
7. Woodland, farming and animal husbandry operations
carried on in accordance with sound agricultural
and forest management practices (including but not
limited to the cultivation of field, the mowing and
grazing of meadows and selective cutting and
planting of trees).
C. Permitted Acts and Uses. All acts and uses not
prohibited by subparagraphs A and—B are permissible.
IV. LEGAL REMEDIES OF THE GRANTEE:
A. Legal and Injunctive Relief.
The rights hereby granted shall include the right to
enforce this Conservation Restriction by appropriate
legal proceedings and to obtain injunctive and other
equitable relief against any violations, including,
without limitation, relief requiring restoration of the
Premises to its condition prior to the time of injury
complained of (it being agreed that the Grantee may
have no adequate remedy at law), and shall be in
addition to, and not in limitation of, any other rights
and remedies available to the Grantee.
B. Reimbursement of Costs of Enforcement.
C.
D.
10,1.600
The Grantor and thereafter the successors and assigns
of the Grantor covenant and agree to reimburse the
Grantee for all reasonable costs and expenses
(including without limitation counsel fees) incurred in
enforcing this Conservation Restriction or in remedying
or abating any violation thereof. .
Grantee's Disclaimer of Liability.
By its acceptance of this
Grantee does not undertake
relating to the condition
Severability Clause.
Conservation Restriction, the
any liability or obligation
of the Premises.
If any provision of this Conservation Restriction shall
-3-
to any extent be held invalid, the remainder shall not
be affected.
E. Non -Waiver.
Any election by the Grantee as to the manner and timing
of its right to enforce this Conservation Restriction
or otherwise exercise its rights hereunder shall not be
deemed or construed to be a waiver of such rights.
V. ACCESS:
The Conservation Restriction hereby conveyed does not grant
to the Grantee, to the general public, or to any person any
right to enter upon the Premises.
VI. ASSIGNABILITY:
A. Running of the Burden.
The burdens of this Conservation Restriction shall run
with the Premises in perpetuity, and shall be
enforceable against the Grantor and the successors and
assigns of the Grantor holding any interest in the
Premises.
B. Running of the Benefit.
The benefits of this Conservation Restriction shall be
in gross and shall not be assignable by the Grantee,
except in the following instances and from
time to time:
(i) as a condition of any assignment, the Grantee
requires that the purpose of this Conservation
Restriction continue to be carried out, and
(ii) the assignee, at the time of assignment,
qualifies under Section 170(h) of the Internal
Revenue Code of 1986, as amended, and
applicable regulations thereunder, and under
Section 32 of Chapter 184 of the General Laws
as an eligible donee to receive this
Conservation Restriction directly.
VII. EFFECTIVE DATE:
This Conservation Restriction shall be effective when the
Grantor and the Grantee have executed it, the
administrative approvals required by Section 32 of Chapter
184 of the General laws have been obtained, and it has been
recorded, or if registered land, it has been registered.
-4-
10,1.600
VIII. RECORDATION:
The Grantor shall record this instrument in timely fashion
in the North Essex Registry of Deeds.
IX. SUBSEQUENT TRANSFERS:
Meadows Realty Trust ("Meadows") agrees to incorporate by
reference the terms of this Conservation Restriction in the
initial deed(s) from Meadows by which Meadows divests
itself of any interest in all or a portion of the Premises.,
EXECUTED UNDER SEAL THIS ( DAY OF APRIL, 1993.
MEADOWS REALTY TRUST
I
By: ! fly 1110�1,
Chris op* r' �t'
affre,
Trust e,'andindividually
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss. April Z, 1993
Then personally appeared the above-named Christopher J.
LeSaffre and acknowledged the foregoin instrument to be his free
act and deed as trustee of Meadows R alt Trust, -before me.
*C,4
Notary Public
My Commission Expires:
-5-
10,1.600
ACCEPTANCE OF GRANT
The above Conservation Restriction is accepted pursuant to
Section 8C of Chapter 40 of the General Laws for conservation
purposes this 1,?14 day of NJAy , 19 q3 .
TOWN OF NORTH ANDOVER
By its Conservation Commission
1
Chairman
COMMONWEALTH OF MASSACHUSETTS
ESSEx , ss. l`IAy la _► 1993
GE0►2GE A • REIc µ
Then personally appeared the above-named and acknowledged
the foregoing to be its free act and deed, before me.
au Er L . EATEW
Notary Public
My Commission Expires: &j7" G 15C�
-6-
10,1.600
APPROVAL BY SELECTMEN
We, the undersigned, being a majority of the Selectment of
the Town of North Andover, Massachusetts, hereby certify that at
a meeting duly held on T„na 14 '1993, the Selectmen
n
voted to approve the foregoing Coservation Restriction to the
Town of North Andover pursuant to M.G.L. Ch. 184, sec. 32.
SELECTMEN
COMMONWEALTH OF MASSACHUSETTS
ESGPX , ss.
Jilne�T _, 1993
Then personally appeared the above-named
and acknowledged the foregoing to be his
or her free act and deed, before me.
Carol J. Vawelski
Notary Public
My Commission Expires:
My Commission Expires June 20, '997
—%-
10,1.600
APPROVAL BY SECRETARY OF ENVIRONMENTAL AFFAIRS
COMMONWEALTH OF MASSACHUSETTS
The undersigned, Secretary of the Executive Office of
Environmental Affairs of the Commonwealth of Massachusetts,
hereby certifies that the foregoing Conservation Restriction to
the Town of North Andover has been approved in the public
interest pursuant to M.G.L. Ch. 184. sec. 32.
Date: 1993
Secretary of Environmental
Affairs
COMMONWEALTH OF MASSACHUSETTS
ss.
1993
Then personally appeared the above-named
and acknowledged the foregoing to be his or
her free act and deed, before me.
Notary Public
My Commission Expires:
-8-
10,1.600
S
1
_
T.
�i1L i..
A.
/
A'1�`%r(u�eC�Co-)
71is 's +D certify that twenty 2
�i
`:ave elapsed from date of decision 11'.Zd
ca
- '
Town Cl
Notice to
APPLICANT/TOWN CLERK and Certification of Action
of Planning Hoard
on Definitive Subdivision Plan entitled: A mn i f i r -a t- i nn
t -n th
S; ec- i a l
Permit
and Definitive Plan, Meadowood III7 No-
Andaver_._MA
By; Merrimack Engineering Services, dated June
20
1 1996
Inc.
The North
Andover Planning Board has voted to APPROVE said
plan,
subject to the
fallowing
conditions:
1. That the record owners of the subject land forthwith execute and record N
a "covenant running with the land"; or otherwise provide security for the con— �
struction of ways and the installation of municipal services within said sub-
division' all as provided by G.L. c. 41, S. 81-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board_, no building or other structure shd-1 be built or placed upon Lots
No. as shown°on said Plan without the prior
consent of said Board of Health.
4. Other conditions:
N
C7
See attached.
W
O
71is 's +D certify that twenty 2
`:ave elapsed from date of decision 11'.Zd
ca
wil.hout filing of an appeal.
�?
Jcyce A. Bradshaw
Town Clerk
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
Shechtman, Litsey,
Levy & Halperin
50 Milk Street
Boston MA 02109
Date:
August 26, 1996
By.
Joseph V. Mahoney, Chairman
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9
Meadowood III - Modification
Definitive Subdivision Modification
The Planning Board herein approves this modification to the Definitive Subdivision Approval
issued on August 24, 1994 known as "Meadowood III" containing twenty eight (28) lots. This
modification allows the creation of an additional 3 lots (1M, 2M, and 3M) with frontage on the
Andover By-pass (Rt. 125). No new roads will be constructed. This modification was requested
by Hillside Realty Corp., 733 Turnpike Street, Suite 311, North Andover, MA 01845, dated July
10, 1996 in the R-6 Zone.
This modification does not supersede but is in addition to the Definitive Subdivision Approval
issued for Meadowood III on August 24, 1995.
FINDINGS OF FACT:
The Planning Board makes the following findings as required by the Rules and Regulations
Governing the Subdivision of Land:
1. The Modified Definitive Plan, dated June 10, 1996 includes all of the information indicated in
Section 3 of the Rules and regulations concerning the procedure for the submission of plans.
2. The Definitive Plan Adheres to all of the design standards as indicated in Section7 of the
Rules and Regulations.
3. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control
Law.
4. The Definitive Plan complies with all of the review comments submitted by various town
departments in order to comply with state law, town by-laws, and insure the public health,
safety and welfare of the town.
Finally the Planning Board finds that the Definitive Subdivision complies with Town Bylaw
requirement so long as the following conditions are met:
Prior to the endorsement of plans by the Planning Board:
a) The Applicant must meet with the Town Planner in order to ensure that the plans
conform with the Board's decision.
b) A detailed construction schedule must be submitted as part of the plans.
c) A covenant (FORM I) securing all lots within the subdivision for the construction
of ways and municipal services must be submitted to the Planning Board. Said lots
may be released from the covenant upon the posting of security as requested in
Condition 3(d).
d) The applicant must submit a FORM M for all utilities and easements placed on the
subdivision. The Board will sign the document and it must be recorded at the
Essex North Registry of Deeds:
e) All drainage, water and sewer facility designs must be approved by the North
Andover Division of Public Works. Provisions for water intrusion mitigation shall
be included in the design.
f) All application fees must be paid in full and verified by the Town Planner.
g) The Special Permit and Subdivision Decision for this project must be included on
the mylars as part of the plans.
h) Endorsement of the Plans must be completed within ninety (90) days of the date
this decision is filed with the Town Clerk. If the Plans are not endorsed by this
date this decision will be deemed automatically rescinded unless the Planning
Board has granted an extensioh of time.
i) All documents must be prepared at the expense of the applicant, as required by the
Planning Board Rules and Regulations Governing the Subdivision of Land.
j) Endorsement of the Plans is proof of satisfaction of the above conditions.
2. Prior to any work on site:
a) The plan must be endorsed by the Planning Board and recorded by the applicant at
the Essex North Registry of Deeds.
b) Four (4) complete certified copies of the recorded plan and one (1) certified copy
of the following recorded documents must be submitted to the Planning Office:
Modification to the Definitive Subdivision Conditional Approval, Modification to
the Special Permit Conditional Approval, FORM I Covenant, FORM M Utility
Easement.
c) All erosion control measures must be in place and reviewed by the Town Planner.
d) A complete set of signed plans, and a copy of the Planning Board decision must
be on file at the Division of Public Works prior to the issuance of permit for
connections to utilities. The subdivision construction and installation shall in all
respects conform to the regulations and specifications of the Division of Public
Works.
3. Prior to any lots being released from the statutory covenants:
2
0
S's�` :� yam .J _ � •-n .=�8=9 �_
kip
a) All state approvals including a curb cut permit received from the State Highway
Department must be on file with the Planning Office.
b) All site erosion control measures required to protect off site properties from the
effects of work on the lot proposed to be released must be in place. The Town
Planning Staff shall determine whether the applicant has satisfied the requirements
of this provision prior to each lot release and shall report to the Planning Board
prior to release of said lot.
c) The applicant must submit a FORM J Lot Release form to the Planning Board for
signature.
d) A Performance Guarantee (Roadway Bond) in an amount to be determined by the
Planning Board, upon the recommendation of the Division of Public Works, shall
be posted to ensure completion o the work in accordance with the Plans approved
as part of this conditional approval. The Roadway Bond shall be in the form of a
check made out toe the town of North Andover which will be deposited in an
interest bearing escrow account. Items covered by the Bond may include, but shall
not be limited to:
i) as -built drawings
ii) sewers and utilities
iii) roadway construction and maintenance
iv) lot and site erosion control
v) site screening and street trees
vi) drainage facilities
vii) site restoration final site cleanup
Prior to FORM U verification for an individual lot:
a) If the lot and house locations differs from what is shown on the subdivision plan, a
plot plan for the lot in question must be submitted, which includes all of the
following:
i) location of the structure,
location of the driveways
iii) location of the septic system, if applicable,
iv) location of all water and sewer lines,
v) location of all wetlands and site improvements, required under a NACC
Order of Conditions,
vi) any grading called for on the lot,
vii) all required zoning setbacks, including buffer zones and no -cut lines,
viii) location of any drainage, utility and other easements.
. i _ Zrs' '� •tel g�4
b) All appropriate erosion control measures for the lot shall be in place. Final
determination of appropriate measures shall be made by the Planning board or
Staff.
c) All catch basins shall be protected and maintained with hay bales to prevent
siltation into the drain lines during constriction.
d) Lot numbers, visible form the roadway, must be posted in all lots.
S. Prior to Certificate of Occupancy being issued for an individual lot:
a) Permanent house numbers must be posted on dwellings and be visible from the
road.
b) All slopes on the lot in question shall be stabilized, as solely determined by the
Planning Board in regards to erosion, water runoff, and safety.
c) The lot must be raked, loamed and seeded, sodded, or mulched if weather
conditions do not permit seeding or sodding.
d) There shall be no driveways placed where stone bound monuments and/or catch
basins are to be set. It shall be the developer's responsibility to assure the proper
placement of the driveways regardless of whether individual lots are sold. The
Planning Board requires any driveways to be moved at the owner's expense if such
driveway is at a catch basin or stone bound position.
6. Prior to the final release of security:
a) The Planning Board will, by a majority, vote to release any security retained.
b) An as -built plan and profile of the site shall be submitted for review and approval.
c) The applicant shall petition town Meeting for public acceptance of the street.
Prior to submitting a warrant article for such petition the applicant shall review the
subdivision and all remaining work with the Town Planner and the Division of
Public Works. The Planning Board shall hold a portion of the subdivision bond for
continued maintenance and operations until such time as Town Meeting has
accepted or rejected in favor of private ownership) the roadways. It shall be the
developer's responsibility to insure that all proper easements have been recorded at
the Registry of Deeds.
d) The Town Planner will review any signs utilized for this project. The applicant
must obtain a sign permit as required by Section 6 of the Bylaw. The Planning
Board shall approve any entrance structures. Any lighting used for entrance signs
must be removed prior to acceptance of the subdivision by the Town.
4
W12
7. There shall be no burying or dumping of construction material on site.
8. The location of any stump dumps on site must be pre -approved by the Planning Board.
9. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
10. Gas, telephone, cable, and electric utilities shall.be installed as specified by the respective
utility companies.
11. Any action by a Town Board or Commission or Department which requires changes in the
roadway alignment drainage facilities, grading or no -cut lines may subject this decision to
a modification by the Planning Board.
12. The provisions of this conditional approval shall apply to and be binding upon the
applicant, its employees and all succe§sors and assigns in interest or control.
13. This decision will automatically be rescinded if the utilities have not been installed within
two (2) years from the date this decision is filed with the Town Clerk's Office.
14. This Special Permit approval is based upon a Modification Special Permit Conditional
Approval. The Special Permit and Definitive Subdivision approvals are both based upon
the following information:
Plans: Modification to the Special permit and Definitive Plan
Meadowood III
North Andover, Mass
Owner & Developer: Need to change from Quest to Hillside Realty Trust
Scale: I'= 40'
Date: June 10, 1996
Prepared by: Merrimack engineering Services, Inc.
66 Park Street
Andover, Massachusetts 01810
Sheets: 1 through 4
cc. Applicant
Assessor
Building Inspector
Conservation Administrator
Director of Public Works
Engineer
File
Fire Chief
5
e
Health Administrator
Police Chief
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do not
use the return
key.
_Q
IL
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
From:
t. conservation Commission
2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions
North Andover
DEP File Number:
242-1327
3. To: Applicant:
Henry Barbaro
a. First Name b. Last Name
10 Park Plaza, Room 4260
d. Mailing Address
Boston
e. Cityrrown
4. Property Owner (if different from applicant):
a. First Name b. Last Name
d. Mailing Address
Massachusetts Highway Department
c. Company
MA.
f. State
c. Company
02116-3973
g. Zip Code
e. Cityrrown
f. State g. Zip Code
5. Project Location:
Route 125 at Hillside and Meadowood Road
North Andover
a. Street Address
b. City/Town
N/A (Project within State Highway R -O -W)
c. Assessors Map/Plat Number
d. Parcel/Lot Number
Latitude and Longitude, if known (note:
42-39'-45" 71-7'-2"
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)
N/A (Project within State Highway R -O -W)
c. Book d. Page
7/1/05
7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
a. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Construction Plan Sheet 3
a. Plan Title
Massachusetts Highway Department
b. Prepared By
7/27/05
d. Final Revision Date
f. Additional Plan or Document Title
9. Total WPA Fee Paid: $ 500.00
a. Total Fee Paid
Rodney C. Emery, P. E.
c. Signed and Stamped by
1"=20'
e. Scale
$ 237.50
b. State Fee Paid
g. Date
$ 262.50
c. City/Town Fee Paid
wpafo"n5.doc • rev. 3/1/05 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1327
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
d. ® Private Water Supply
g. ® Groundwater Supply
b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
e. ❑ Fisheries
f. ® Protection of Wildlife
Habitat
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
Waterbodies and
d. square feet
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
WPA Form 5 - Order of. Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
DEP File Number:
242-1327
11. ❑ Barrier Beaches
12. ❑ Coastal Beaches
13. ❑ Coastal Dunes
14. ❑
Proposed
Permitted
Proposed
Resource Area
Alteration
Alteration
Replacement
5. ❑ Bordering Land
Land Under Salt
Ponds
Subject to Flooding
a. square feet
b. square feet
c. square feet
Cubic Feet Flood
Storage
e. cubic feet
f. cubic feet
g. 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
s. ❑ Riverfront area
b. total sq. feet
a. total sq. feet
Sq ft within 100 ft
e. square feet
'd. square feet
c. square feet
Sq ft between 100-200 ft
e. square feet
f. square feet
e, 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
11. ❑ Barrier Beaches
12. ❑ Coastal Beaches
13. ❑ Coastal Dunes
14. ❑
Coastal Banks
15. ❑
Rocky Intertidal
Shores
16. ❑
Salt Marshes
17. ❑
Land Under Salt
Ponds
18. ❑ Land Containing
Shellfish
19. ❑ Fish Runs
20. ❑ Land Subject to
Coastal Storm Flowage
Permitted
Replacement
d. square feet
f. square feet
Indicate size under Coastal Beaches and/or Coastal Dunes below
a. square feet b. square feet c. c/y nourishmt. d. cly nourishmt.
a. square feet b. square feet c. c/y nourishmt. d. c/y nourishmt
a. linear feet
a. square feet
c. square feet
c. cu.yd dredged
a. square feet b. square feet c. square feet d. square feet
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
b. cu.yd dredged
b. square feet
wpaform5.doc • rev. 311 /05 Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1327
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 242-1327
wpaform5.doc • rev. 3/1/05 Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
'1 WPA Form 5 - Order of Conditions 242-1327
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.
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
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
242-1327
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:
wpaform5.doc - rev. 3/1/05 Page 6 of 9
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.
If you need more
c. The special conditions relating to municipal ordinance or bylaw are as follows:
space for
additional
See attached
conditions,
select box to
attach a text
document
wpaform5.doc - rev. 3/1/05 Page 6 of 9
DEP FILE # 242 -1327
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 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 Klan, 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), 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 Conditidns. 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.
C:\Winword\00C\Rt125@Hillside.doc I NACC 8/11/2005
DEP FILE # 242 -1327
25. This Order of Conditions is issued under File No. 242-1327.
26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and agsigns 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. LIMITED PROJECT: The proposed work qualifies as a limited project pursuant to the
WPA regulations (310 CMR 10.53 (3) (f)) as it involves maintenance and improvement of
an existing public roadway, which is limited to widening less than a single lane, adding
shoulders, correcting substandard intersections and improving inadequate drainage
systems.
29. The NACC agrees with the applicant that the project as proposed is exempt from the
Local Wetlands Bylaw (Section 178.3). The proposed work falls within category 4 of the
listed exemptions (maintenance and repair of existing public ways).
30. The proposed work includes: The reconstruction/redesign of the intersection at
Hillside Road and Meadowwood Road, roadway improvements to approximately 1,700
feet of Route 125 in the vicinity of Hillside Road, drainage improvements, and
associated landscaping activities within the buffer zone to a Bordering Vegetated
Wetland (BVW). Proposed work also includes approximately 657 s.f. of permanent
wetland impact and approximately 700 s.f. of wetland replication.
31. 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: Massachusetts Highway Department (Applicant)
Attn: Henry Barbaro
10 Park Plaza, Room 4260
Boston, MA 02116 - 3973
Dated June 27, 2005.
Site Plans prepared by: Edwards and Kelcey, Inc.
343 Congress Street
Suite 2100
Boston, MA 02110
Entitled "Roadway and Intersection Improvements Route
125 At Hillside Road", sheets 1-19 dated July 27, 2005.
Signed & Stamped by Rodney C. Emery, P.E.
CAWinword\00C\Rt125 a Hillside.doc 2 NACC 8/11/2005
DEP FILE # 242 -1327
Other Record Documents: Division of Fisheries & Wildlife letter dated July 25, 2005.
Operation & Maintenance
Plan prepared by: Massachusetts Highway Department, entitled
"Massachusetts Highway Department roadway
maintenance procedures" no date (as referenced p. 4 of
NOI).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW) and Freshwater Wetland. These resource areas are
significant to the interests of the Act as noted above and therein. The applicant has not
attempted to overcome the presumption of significance of these resource areas to the
identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein.
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 NACC finds the applicant's proposal for 700 sq. ft. of wetland replication to be
adequate. The replication areas shall be constructed prior to or during construction
activity on site and this sequence shall be reflected in the construction sequence.
36. 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.
37. 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\Rt1250a Hillside.doc 3 NACC 8/11/2005
DEP FILE # 242 -1327
PRIOR TO CONSTRUCTION
38. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings before the Department
or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at
the applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1327."
41. Any changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing (at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. 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.
42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of compensation
and retention areas, installation of sedimentation/ erosion control devices and re -
vegetation to be completed before other work begins on-site.
C:\Winword\00C\Rt125@Hillside.doc 4 NACC 8/11/2005
DEP FILE # 242 -1327
44. The proposed limit of work shall be shall be clearly marked 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 the limit of work line at any time.
45. 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.
46. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 20 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.
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 the event that this person has to be contacted,
due to an emergency at the site, during any 24-hour period, including weekends. Proof
of the retained monitor must be submitted to the Conservation Department on
letterhead by the retained consulting firm. This person shall be given the authority to
stop construction for erosion control purposes. The 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 during
each week in which construction activities occurs on-site in the buffer zone to or within
the resource area 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.
C:\Winword\00C\Rt125@Hillside.doc 5 NACC 8/11/2005
DEP FILE # 242 -1327
48. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which
construction activities occurs on-site within the buffer zone to a protected wetland
resource area and for as long thereafter as ground remains unstable, it is the applicant's
responsibility that the Environmental / Erosion Control Monitor (EMC) monitor the
site and submit written reports to the NACC. The EMC shall certify that, to the best of
his / her knowledge and belief based on a careful site inspection, all work is being
performed in compliance with this Order of Conditions and that approved setbacks are
being adhered to. The EMC must visually inspect all sedimentation / erosion control
measures and assume responsibility for their maintenance on a weekly basis and that they
are functioning as intended. In addition, all wetland resource areas must be visually
inspected for siltation, turbidity, and/or other water quality impacts. The reports shall
also include current condition of erosion and sedimentation controls; describe any erosion
or sedimentation repair and / or replacement; and describe any erosion or sedimentation
problems and mitigation measures implemented. Such reports shall continue until the
applicant requests a less frequent reporting schedule or an end to reports. This request
must be submitted in writing and is subject to approval by the Conservation
Administrator.
49. Once these above mentioned pre -construction requirements are complete, the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, the contractor, the
engineer, wetland scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the permitted work are fully aware of the
permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its conditions.
The applicant or contractor shall notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to ensure compliance with
this Order. A reasonable period of time shall be provided as notice of the pre -
construction meeting (e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
50. All construction and post -construction stormwater management shall be conducted in
accordance with supporting documents and plans submitted with the Notice of Intent and
the Department of Environmental Protection Stormwater Management Policy &
Massachusetts Highway Department Operation & Maintenance Procedures.
51. All stormwater best management practices shall be performed in accordance with the
Massachusetts Highway Department Roadway Maintenance Procedures.
CAWinword\00C\Rt125@Hiliside.doc 6 NACC 8/11/2005
DEP FILE # 242 -1327
52. Water quality down gradient of BVWs shall not differ significantly following completion
of the project from the pre -development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
53. 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
54. Upon beginning work, the applicant shall submit written progress reports every month
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction sequence.
55. 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.
56. 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.
57. Approved de -watering activities anticipated. shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while dewatering
activities is occurring and until this section is complete. 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.
58. Any fill used in connection with this project shall be clean fill, containing no trash,, refuse,
rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing.
59. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
C:\Winword\OOC\Rt125@Hillside.doc 7 NACC 8/11/2005
DEP FILE # 242 -1327
60. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be rip -rapped to provide permanent stabilization.
61. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
62. After proper grading, all disturbed areas located within a resource area, which will not
remain as wetland areas, shall be loamed (minimum of 4"of quality todisturbed areas d seeded.
This shall all be done in accordance with SCS guidelines.
Allwithin wetland resource areas which are to be only temporarily disturbed during
construction, shall be restored to their original grade, soil profile and vegetative cover.
Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality
loam.
63. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
64. 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 otherff sitee However, no trash
at the site for
.the storage and removal of such spent construction materials o
dumpsters will be allowed within 50' of areas subject to protection under the Act or
local Bylaw.
65. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
66. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance
is to be done within 100 feet of a resource area. .
AFTER CONSTRUCTION
67. 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.
68. Upon approved site stabilization by Conservationunve etated areas shall be seeded.
he erosion controls shall be
removed and properly disposed of and all exposed
g
C:\W inword\OOC\Rd 25@Hillside.doc
8 NACC 8/11/2005
J1
DEP FILE # 242 -1327
69. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/ trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/ parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As -Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As -Built" post -development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As -Built" post -development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone, which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
CAWinword\00C\Rt125@Hillside.doc 9
NACC 8/1 1/1UU-3
It
DEP FILE # 242 -1327
70. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ 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 (Condition #32);
➢ Maintenance of catch basins (Condition #54);
➢ Discharge or spillage of pollutants (Condition # 67).
CAWinword\OOC\Rt1 25ct Hillside.doc 10
NACC 8/1 Ii1uu:)
Y � J
DEP FILE # 242 -1327
I,
APPENDIX A — AFFIDAVIT
(authorized agent of applicant and / or owner)
1) I am the
on oath do hereby depose and state:
(PLEASE CHECK AT LEAST ONE BLOCK)
(position with applicant)
of
the applicant upon whom the Order of Conditions
(applicant's name)
(DEP or NACC File #)
have been
placed upon by the North Andover Conservation Commission (NACC).
2) I am the
(position with owner)
and / or
of
(owner)
the owner upon whose land Order of Conditions
(DEP or NACC File #)
placed upon by the NACC.
have been
♦ 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\Rtl25@Hillside.doc 11 NACC 8/11/2005
'LLIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5. - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
242-1327
E. Issuance
This Order is valid for three years, unless otherwise specified as a special qlssunce
condition pursuant to General Conditions #4, from the date of issuance. 1. Date o
Please indicate the number of members who will sign this form: J
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, and the property owneri if different
from applicant.
Notary Acknowledgement
Commonwealth of Massachusetts County of
h
On this Day 10 of
Before me, the undersigned Notary Public,
personally appeared
Essex North
Month Year
MaA z
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
Cityrrown
DONNA M. VMGE
NOTARY FWUC
ct4c° 0anm.EONaye.7,
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
❑ by hand delivery on
Date
wpaform5.doe • rev. 311105
pnatu—r&e of Notary Public
lao6el4 M 0,120
Printed Name of Notary Public
My Commission Expires (Date)
CSI/by certified rrpil, r tum receipt. requested, on
157/'// P-5- .
Date
Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
DEP File Number:
242-1327
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc • rev. 3/1/05 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1327
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.
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To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location
Has been recorded at the Registry of Deeds of:
for:
County
Property Owner
242-1327
DEP File Number
Book Page
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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