HomeMy WebLinkAbout1984-07-18 Decision DEF SUB FORM C
APPLICATION FOR APPROvAL OF',DEFINITIVE PLAN
A ri1 2 9 19 84
? ' �.r 'L
To the Planning Board of the Town of North Aiadver:
The undersigned, being the applicant as defined under Chapter 41., Section
81—L, for approval of a proposed subdivision shown on a plan entitled
North Andover Business Park
by H.W. Moore Associates, Inc . dated
being land bounded as follows: On the North and East by Willow St.., on
the South by land of Commodore Corporation, and on the West by the
Andover B --Pass 125
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title Reference: North Essex Deeds, Book lam, Page 688 ; oar and 1746 P 3 2 9
Certificate of Title No. , Registration Book page ; or
Other!
Said plan has( 4 has not( ) evolved from a preliminary plan submitted to
the Board of Feb. 28 19 83 and approved (with modifications) (x)
disapproved (Tn f 19
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andovery upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as well as zoning by-laws of said Town,
as are applicable to the installation of utilities within the limits of
gays and streets;
2. To complete and construct the streets or Kays and other improvements shown.
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the sane. Said plan, profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made---- -
a part of this application. This application and the covenants and agree—
menu herein shall be binding upon all heirs, executorsp administrators,
successors, grantees of the whole or part of said land: and assigns of the-
undersigned; and
3• Tc ao"16te the afoiresaid i.nstall.ationa and construction within txoT-C-)----
years from. the date hereof. 114 Associates. Realty Trust
Received,, Tows Clerk... _ C
Dater Sigmature. of Ap cant
T o Elm S uare
_ Times- .
Andover, Mass . 01810
.._- Signature:: '
Address - __.
- --- notice -to'WPLICANT/Ton CMK--and Certification of Action of-Plarming-Board -_--
on--Definitive Subdivision Plan.;entitled:-
gy= dated
The North Andover Planning Board has voted to APPROVE said plan, subject to the
___ = fallowing o oAditions:
1. That -the record owners of the subject land forthwith execute and record
a "covenant. run ing with the land", or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
divisi.ont all as provided by G.L. c. 41l 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 Boards no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health,
4. Other conditions;
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.
The North Andover Planning Board has DISAPPROVED said plans for the following
reasons:
FORTH ANDOM PLANNIM BOARD
Date: By:
FORM D
DESIGNER' S CERTIFICATE
April 2 ,1984
To The Planning Board of the Torn of North Andover : �a
In preparing the plan entitled NORTH ANDOVER BUSINESS PARK
I. hereby certify that the above named plan and accompanying }'
data is true and correct to the accuracy required by the
current Rules and Regulations Governing the Subdivision of
Land in North Andover, Massachusetts, and my source of
information about the location of boundaries shown on said s;
plan were one or more of the following ;
1 . Deed from TAYLOR to 114 ASSOCIATES REALTY TRUST
dated 11/1_6/83 _and recorded in the
NORTH ESSEX Registry 1n Book 1746 , page 329
2. Other plans , as follows PLAN OF- LAND IN NORTH 'ANDOVER AND
ANDOVER MASS" d 12y Haves Encrineering
Inc. for 1.14 Associates Realty Trust
3. Oral information furnished by -
4. Actual measurement on the ground from a starting point
established by �.
5. Other sources
Si gne
(Registered Professional Engineer
(Seal of Engineer or Registered Land Surveyor)
or Surveyor) , oat e P E.
Of 4411,� MOORE ASSOCIATES INC'.
112 Shawmut Av. ,OF
Boston, MA 02118
HAROLD Address
or Hf11�l7LD �G. Wit-HAM
�-� �= v, 1=
z WILLIANI r o MC�OIZG
MOOR t � No. 19315
No. 19329 Q c`
SUM
. ---—44
�- �ry
i
ui9r,s�.17 F..f
APPLICATION FOR APPRAOA�'+of ijUE�'I TIVE PLAN
ApR 10 1&il 2'; _ t 19 8.4
To the ,Planning 'Board, of the Town of North Andover:
The undersignedt being the applicant as defined under Chapter 41.9 Section
$1 Lt for approval of a proposed subdivision shown on a plan entitled
North Andover Business Park
by H.W. Moore Associates, Inc. dated _
being land bounded as follows: On the North and East bWillo�a St. on
the south by land of Commodore' Cor oration and on the West bV the
Ando er B --Pass 125
hereby submits said plan as a DEFINITIVE plan i..n, accordance Frith the Rules and
Regu.]_atians of the North Andover Pls�aa�c�g Board and makes application to the
Board for approval, of said plan.
i Title References North Essex Deeds t Book 115 7 t Page 6 ; Or and 1746 P 3 2 9
Certificate of Title No. , Registration Bookt page ; or
Other:
Said plan has( } has not( } evolved from a preliminary plan submitted to
the Board of Feb. 28 19 83 and approved (with modifications) (x)"'
disapproved ( on t 19 .
The undersigrmed hereby applies for the approval of said DEFINITIVE plan
'by the Boards and in furtherance thereof hereby agrees to abide by the Boardts
Rules and Regulations. The undersigned hereby further covenants and agrekes
with the Town of North Andovert upon approval of said DEFINITIVE plan by .the
Board:
1. To install utilities in accordance with the rules 'and regulations of the
Planning Boards the Public Works Departments the Highway-Surveyor, the
Board of Health, and all general as well as zoning by—laws of said:Towns
as are applicable to the installation of utilities within-the -limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plant profiles and cross
sections of the same. Said plant profi,lest cross sections and construction
specifications are specifically, by reference$ incorporated herein and made
a part of this application. This application and the covenants and agree—
ments herein shall,be binding upon all heirs, executors, a idmini..stratorst
successors, grantees of the whole or part of said lands and assigns of the .
undersigned; and
3. To complete the aforesaid installations and construction within two (2)
years from the date hereof, 114 Associates Realty Trust
Rucc inved by.T(:un Clc rk:
Dates
Time: SiTature mof�vAppl�cant
` Two Elm Square
—
Signature: Andover, Mass . 01810
Address
. l
r
4
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planting Board
on Definitive Subdivision Plan entitled:
NORTH ANDOVER BUSINESS PARK
r
By: H. W. MOORE ASSOC. , INC. dates., March 23 + 1984
The North Andover Planning Board has voted to APPROV]t�aid plan, subJect to the
following conditions:
1. That the xecord" owners of the subject land forthwith execute and record
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. 41t S. 81-U. '
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
4, Other conditions:
(SEE ATTACHED)-
C„ Any appeal shall be.filed
`- - - within after the�20} days `
date of filing ofAhis Notice
--
in -the Office of the= Town
,
-- Clerk.
In the event that no appeal shall have been taken from said approval=wit hin
twenty days from this- date.t the North Andover Planning Board will forthwith .
thereafter endorse its formal,approval upon said plan.
�X � �tx����2 ,��X.�? '�xtte�i��� � ���-�,'� �����xt����1� •�g
1
NORTH ANDOVER PLANNIM BOARD
Date: July 17 -1984 By: j'•sichael. P. Roberts -
Vice C airman ----
Any appeal shall be filed
within (2b) days after the
DECISION - APPROVAL date pf filing of this Notice
NORTH ANDOVER BUSINESS PARK i'� li in the Office of the Town
DEFINITIVE PLAN OF LAND f0 ��� Clerk.
July 17, 1984 I Pi
1 . A 12 inch ductile iron cement lined water pipe , seal coated
inside/tar coated outside shall be installed 15 feet from the
property line with 5 feet of cover below the finish grade:
a . for a distance of 2240 feet on Willow Street Extension;
b. for 1550 feet on 'Road A;
2 . Eddy breakflange hydrants to North Andover specifications shall be
installed at stations 10+20 , 25+10 , 30+300 34+50 , 39+40 , 44+0 and
46+50 ; with 12 inch Mueller or equal gate valves (open left) at
stations 29+50 , 29+60 , and 29+70 with a 12 inch stub tie into Willow
Street ; and 38+90 , 39+0 and 39+10 at Road A.
3 . A 10 inch unglazed full strength vetrified clay sewer shall be
installed along the centerline of Willow Street for 2277 feet and 478
feet on Road A.
4 . Precast manholes shall conform to ASTM designation C4- 78 and shall
meet the following requirements :
a. The wall thickness shall be not less than 5 inches , sections
shall have tongue and groove joints with an approved round or fin
gasket .
b. Pipe connections shall be of the rubber boot type with stainless
steel band type or approved equal .
c. Manhole frames and covers shall be cast iron lettered SEWER and
shall be 6 inches high. (All sewer construction shall be subject to
low pressure air testing prior to acceptance by the town) .
5 . All water construction must pass -leakage and pressure test's performed-
in accordance with Section 13 of AWWA standard C600 and shall be
chlorinated in accordance with AWWA standard C601 Standard Procedure
for Disinfecting Water. Mains. Adequate public liability and property
damage insurance , as well as a street opening bond in an amount
satisfactory to the to the Highway Surveyor will be required for- any
off-site roadway work.
6 . An adequate fire alarm system shall be installed on all developed
sites for proper fire- protection, to be approved by the Fire Chief .
7 . The applicant . shall continue to pursue. the necessary channels to
acquire the necessary State permits to gain both emergency (for
public safety vehicles) and permanent ( to accomodate additional
traffic volume generated) access/egress of Road A to Route 125 .
8 . The two proposed cul-de- sacs shall be increased from 100 feet to 130
feet .
_ 3
Any appeal shall be filed
within (20) clays after the
DECISION - APPROVAL date of filing of this Notice
NORTH ANDOVER BUSINESS PARK Idu � : . =H In the Office of the Town
PAGE 2 Clerk. ,
JUL 10 1I 50 '84
9. Two catch basins shall be installed at Road A and Route 125 .
10. Checkerboard type grates shall be used on all drainage catchbasins .
11 . All construction shall comply with the Conservation Commisssion ' s
Order .-of Conditions dated October 14 , 1983, DEQE File NO. 242- 193 .
12 . The Willow Street Extension/Flagship Drive roadway intersection shall
be improved to the required width in accordance with Section
IV.A. 2 . b. Design Standards to permit safe traffic flow in and out of
the Business Park. Plans shall be reviewed and approved by the
Highway Surveyor and Planning Board prior to any Park construction or
until adequate securtiy is posted for its completion.
13 . The applicant is required to mitigate any additional flooding on
abutting properties to zero, in accordance with Section III . B. 1 , e . of
the Planning Board ' s Rules & Regulations Governing the Subdivision of
Land .
14 . Street drainage not shown on definitive plan will not be added during _
construction unless required by the Highway Surveyor and will be
detailed on the "AS BUILT" plans .
15 . Additional drainage calculations shall be submitted and reviewed by
the -Planning- Board for all drainage pipes --prior- to signing the .
-- definitive plans .
16 . Information regarding the metes and bounds of the outside
construction limit of Willow Street Extension shall be submitted for
proper acceptance by the town. ,
=- -- 17 . As built plans shall be submitted to the Planning Board for review
and approval in accordance with Section ITI . B.J. 4 . Conveyance of
Improvements. In addition, prior to final release of security, the---
applicant s all forward to the Planning Board copies of those plans
required by the Conservation Commission detailing the extent of
impervious areas associated with site development to ensure that
development does not exceed that described in the drainage
calculations dated March 1983 .
18 . Road cross - sections will be clearly illustrated on the final
definitive plan for signatures specified in Section V,c .
19 . There shall be no weephole in drainage structures as noted on detail
sheet .
20 . As required in the Preliminary Plan Approval. Condition P7 , the
applicant shall provide the proper buffer zone of 1.00 feet on lots G
and 7 abutting residential districts in accordance with Table II of
the North Andover Zoning Bylaw.
i
}
' Any appeal shall be filet
i within (20) days after th
DECISION - APPROVAL I .I" ` '` 1� date of filing of this Notic
NORTH ANDOVER BUSINESS PARKjUL in the Office of, the Tow'.
�� �� , Clerk,
PAGE 3
.ir
21 ., Final definitive plan shall show solid lines on proposed street and
.1 lot lines .
`.. 22 . All easements shall be fully dimensioned on plans for proper
t. conveyance . The owner shall retain title to the fee of' each street ,
path or easement in or appurtenant to the subdivision 4ntil conveyed
to the town and shall maintain and repair the roads and drainage
facilities in a manner satisfactory to the Board during` that period .
NOTE: Notation that fee is to be retained shall be placed on the
definitive plan.
a 23. A sedimentation and erosion control plan specifying methods shall be
r. submitted and approved in accordance with Section III ,B, 1 . k. , prior
to construction.
24 . Copies of site regrading plans (showing lot regrading, cuts and
fills) as required by Conservation Commission Order of Condition
242-193 will be submitted to the Planning Board along with .Site Plans . .
as required by 'Section 8 of the North Andover Zoning Bylaw.
25 . The applicant shall plan and coordinate the installation of
underground - utilities prior to - binder coat --application. . Final
release of bond money. applicable to binder shall not be released-
until the applicant ' s engineere of record has certifiedthat all
utilities. -are-installed and: upon inspectin .by the Highway- Surveyor,. -
26 . Where drain`--inverts .are set below the existing grade and close -to - --
property lines , proper--r-ip-rap and .erosion control measures shall be
provided- where deemed ,necessary by --the. Highway Surveyor and. Planning
Board to protect: -property ,owners and/or. the;' integrity .of embankments .___'.
from- adverse affects of - surface water. Applicant wi11 detail such-
erosion control and rip-rap on. definitive plans prior to
endorsements . ,
27 . The termination of the drainage easement on Lot 7 shall be shown on
the Final Plan .
28 . All drain easements shall be delineated on the topographic and
drainage plans to insure the Planning Board and Highway Surveyor that
- the drainage is indeed within the easements .
29 . If in the opinion of the Fire Chief, the installed water: line does_.
not meet adequate flow tests in gallons per minute as required in
Section 26G - in the North Andover Fire Code , the developer/owner-
shall , after- notice to the Planning Board , submit revised plans to
the North Andover Fire Chief and the North . Andover Board of Public
z Works for approval', which plans shall then be submitted_ to the
Planning Board. for approval .- Plans for pipe spaces- and calculations -
for the sprinkler systems shall be submitted to the Fire Chief for
review.
f ? Any appeal shall be filed
sf i within `(20) days after th'
10W dale of filing of this Notic'
t,10F i } ; ;i R In the Office of the TowDECIS '
ION ANDOVERPROVALBUS BUSINESS PARK JUL 1 H I1 S0 Ali cleric.
NORTH
i
PAGE 4
30. The applicant/owner/developer shall be aware of the fact that
approval of this subdivision under the Planning Board ' s Rules F�
Regulations will not relieve said parties of the responsibility to
other property owners upon whose land is affected by indirect or
direct development storm water discharge .
**Notation is to be placed on the definitive plans to be recorded.
i
t
I! 1+! 1 a n
NORTH ANDOVER BUSINESS PARK I _iLJ
PLANNU� a bOARD
1 . in accordance with the Preliminary Subdivision Approva`1 , the p ans
do not show a closed water main system down Route 125 to Hill-
side Road as required by the Dept. of Public Works with the
Preliminary approval .
2 . All other aspects of Dept . of Public Works report in accordance
with Preliminary approval ,
3 . Drainage calculations have not been submitted based upon
the Order of Conditions from North Andover Conserviition
Commission.
4. Drainage calculations have not been submitted for all drain
pipes.
4�
5 . Project proposes filling , raising the 100 yr . flood elevation
from elevation 236 to elevation 237 . This additional flood
height will cause flooding on land of Margolis through the
proposed twin 1811 drains at Station 35+50 . Project should
mitigate this flooding.
6 . Require municipal fire alarm system as requested by Fire
Department.
7 . The plans do not indicate an access-egress onto Route 125 in
accordance with 'the Fire Department request and in accordance
with the Preliminary approval .
8 . No documentation has been submitted as to ownership of the
existing Willow Street in its entirety 9either private or public
in accordance with the preliminary approval. , nor is any
information provided documenting by metes and wounds the
outside limit. of Willow Street ,
li . D1'ait—loge ca.] L.'ikE 'll. Joil'.; ti[lbmiL,Lcd iirc do[A'd Mill-Ch 1OH, iliid -
indicate 31 .'98 Acres of inlprevious surface with plans which
only show approximately 3 Acres of roadway. Proposed site
plans of lots documenting the impervious area should be
submitted `so that they can be verified with the Asbuilt
Plans.
i
10 . Require that As-Built Plans of the entire subdivision be
submitted including all lot development so that the Planning
s, 7
y �
�-NGE: TWO
NORTH ANDOVER BUSINESS PARK
Board can verify the extent of imprevious areas. This is
important so that the Planning Board can verify if development
is in keeping with the drainage calculations dated March , 1983 , or � �ercto��s
11 . Watershed borO-ring lines have not been shown on Definitive Plans
so it must be assumed that the detention basin is allowed also
to flow on land of Symosek and create additional flooding.
Developer is required to mitigate the additional flooding on
abutting properties to zero. In accordance with Section III ,
B, 1 , e) of the Planning Board Rules and Regulations .
12 . This subdivision ignores the Prelimianry approval decision in
that the drainage under Willow Street is being utilized as a
drainage constriction, The H. S . has requested that the drain
under Willow Street be enlarged and that all drainage constrictions
be outside the roadway, The existing 15 inch drain was considered
to be temporary by the H. S .
13. The typical roadway area section is not in compliance with the
rules and regulations , specifically Section. V, c ,
14 . There shall be no weephole in drainage structures as noted
on detail sheet. ; {
15, Plans do not reflect requirements of the Dept, of Public Works
in their report of May 8 , 1984.
16. Plans do not reflect requirements of the H. S .. in his report of
May IS, 1984.
17 . Plans do not reflect requirements of the Fire Dept, in its report
of April 26, 1984.
18. Plans do not reflect the requirements of the Conservation Commission
in their Order of Condit)ons dated October 14 , 1983 under File
No. 242 -193.'
19 . Plans do not reflect a buffer zone on Lots 6 and 7 abutting a
residential zone as required in the Preliminary Approval .
20 . Plans do not show solid line on proposed street and lot lines .
21 . No Easements have been dimensione-d in proper form,- for conveyaoQe.
t
22 . Plans do not show erosion and sediment control methods in accordance
with Section III , B, l . k. of the Rules and Regulations .
PAGE: THREE
NORTH ANBOVER 'BUSINESS PARK
23 , Plans do not show lot grading and cuts and fills in accordance
with Sec. III , B, 3 , k,
24 . Subdivision does not tie into any existing monumentation. ;
25 . Plans do not indicate why only Lot 8 should be considered the
subdivision. Under the Subdivision Control Law and the Planning
Boards Rules and Regulations all land of the applicant being
subdivided including all d and streets should be part of
the subdivision.
26 . The applicant has not submitted a Statement of Environmental
Impact in accordance with the Preliminary Plan approval .
27 . Applicant has notdemonstrated that Willow Street has the
proper Street and pavement width along its entirety from
Route 114 to be able to handle the increased traffic from this
subdivision or to allow the Town of North Andover to maintain
such proper widths .
28 . The applicant shall beaware that all underground utilities
will be installed prior to the placement of the binder pavement.
If this is not performed, no lots will be released.
29 . The Plans do not reflect covenant restrictions that would prohibit
lot development encroachment into the 100 year flood plain.
30 . The plans do not reflect the existing utilities and elevations
on Willow St. extension.
31 . The plans do not show the termination of the drain easement on
Lot 7 .
32 . The Plans do not show a proper drain easement on Lot 2 at the
Margolis property. Considering that the drain inverts are to
be set below the existing grade very close to the property line ,
proper rip-rap and erosion controls shall be detailed to
hJ Si
insure that surface water,from Lots 1 and 2 under �
development condiitons will not adversely affect the Margolis
('
property oxt the integrity of the roadway embankment.
33 . All drain Easements shall be delineated on the topographic and
drainage plans to insure the Planning Board and H. S . that the
drainage is indeed within the Easements .
WILLOW STREET FORM -A
Planning Board Meeting - September 14 , 1981
Sitting - Roberts , Burke , Nitzsche , McDonough
A letter from Atty . Caffrey from 114 Associates read - asked
for a reconsideration of this plan .
Frank Gelinas , engineer , said that they have revised the plan
and are requesting a signature of a Form A lot which takes in
the entire perimeter of the property and separates out Lot 1 .
The original decision of the Board was that the plan showed
a subdivision . He has spoken with the BPW and the H . S . and
they feel that with one lot it can be developed up to standard :
His client is willing to covenant that he will work with the
departments to bring it up to standard .
Member Nitzsche said there are two problems :
1 . It is a private way
2 . The disposition of the actual sewer
Gelinas said that like all other plans that come before the P . B . ,
we are willing to covenant . Joe Borgesi is willing to work with
them and they', will present a sewer study to him and seek approval
from the BPW .
MOTION by Mr. Burke that the plan of land located in North Andover ,
Mass . prepared for 114 Associates - be approved under the Subdivision
Control Law Not Required with the conditions that :
1 . The covenant to the Town of North Andover dated 8/31/81 be
recorded with the plan and run with the land .
2 . The sewer and water will be constructed according to the
recommendations of the BPW .
3. The road will be constructed in accordannce with the H .S . ' s
recommendations and specifications according to Industrial
standards .
SECOND by Mr . McDonough R
Discussion . -- H . S . said that this plan is a subdivision but if the
work can be done to satisfy the town & because there is a time
factor involved (Advanced Reproduction is in a hurry to build )
he will go along with it .
Atty. Caffrey argued that this plan does NOT constitute a sub-
division . -�
VOTE - In favor 3 ( Burke , Roberts , McDonough )
Opposed - 1 ( Nitzsche )
Motion carries .
t ' Abuttors , 114 Associates , Caffrey and Caffeey shall be present
WILLOW STREET
Original Form A disapproved on decision that it-showed a subdivision
with 6 lots .
Subsequent Plan Form A approved, 9/25/81 with covenant running with
the land . It was classified as a Form A lot subject
to R&R ' s governing subdivisions .
PROBLEM: Since endorsement of said plan there have been changes
which have not 'been .reviewed , approved or communicated to
this board . As a result of Plan . Brd . letter da't'ed' 8/2
and continued requests we have received plans not signed
or endorsed * by this board or any other board as far as
I know . Most certainly continued changes are feasible .
Motion of approval states "that the sewer and water
be constructed to the recommendations of the BPW and
that the road be constrocted in accordance to the HWY
Surv . recommendations and specifications according to
Industrial Standasrds "
Due to the TIME FACTOR involved ( Advance Reproductionsin a hurry
to build ) the HWY Surv . did support the P . B . s approval
even though it constituted a subdivision .
R Cease and Desist Order was issued by the Con . COM . to halt road
cut for drainage pipe at proposed pumping station .
This construction has been completed .
At this point in time the HWY Surv . is not satisfied with the direction
114 Associates has taken . A bond request in the amount
of $204 , 750 . has been submitted to ensure proper road
construction . Also an inspection sheet has been
suggested to monitor its development . . .
I want an organized updated set of plans to be formally presented to
this board with the designated, water and sewer , and drainage systems
that will satisfy the Town Depts . subject to review and approval
of BPW , HWY AND PLAN . BRD . If the plans that are before us tonight
are considered to be the established guidelines , I wnat documentation .
8/23/82
PLANNING BOARD REGULAR MEETING
Form A 's Sign Form A from Last meeting rej Bear Hill
*None submitted for this evening*
Bonny Lane-
Submitted drainage pains for Lot#3A Bonny- lane4
Board of Health letter dated 8/ 18/82 has reviewed
and accepted sii d plans wi th conditions .
Willow Street- (see attachment) hi-e—v" a€Ak
Wildwood Park-
The HWY Surveyor reccommends finish coat by next Fall
or Spring in addi ti on , to sufficient b-ondi ng .
OUTSTANDI-NG . ITEMS : underground tel . and elec . , stone
bounds , finish grading in shoulder areas , catch basin
cleaning , final: sweeping , and finish coat .
Release $5 ,000 if all done
It
$3 ,000 if partial -
It $NONE
Balance $11 ,000
*Decide on Extension Date
French Farm Village-
c; NO sewer design has been submitted to BPW . The Planning
Beard request that said plan-s be submitted immediately
prior to any further development .
Non conformance with letter of conditions*
see lO . f , i ,j , k
Raleigh Tavern -
Request for new release form -Paul will look at, it .
Changing the name of ways which are not public , but
which are open for public use . Responsibility P1 . Brd .
1 . The pl . brd . by a majority vote , votes to consider name change .
2 . Public Hearing Notice .
3 . Hold hearing
4 . BY majority vote make motion to change name , put up signage
and file with reg . of deeds .
APPLICATION FOR F?MORZSMfFIjT OF PLAN
. BELIEVED NOT TO R!NUIRE APPROVAL
July , 30
19
•4' :L� �i is :ry• . ,�i..i� w _ .. z' i' I irL� ,.^ ,n'�;j�+.' :Y �`�-�i+}}:''j^ -"'.ti, �..� r!' _
�,V r• � - L -�.� •�• 7'ir-1!+' VY{; ^!'! , �' ,`r'• ''. • '.� ,•+. ' , '!. ! '�. � ✓:'f� �� A r"t A• f .- n..,
To The PlanningDoard of the Town of Na . ': '...c ,''' � • .a-.g�"' ti•
North Andover:
< , 'f'r',M 'If rr r( + r.1.1.'�1' -it i :•, :.i^...
'The undersigned xishes to record the accompanying plan and requestsa determina-
tion by said Hoard that approval by it under tho Subdivision Control Law is not
required. . The undersigned believes that such approval. is not required for the
'oll.owi,ng reasons: + '•
..i S•, - f• ,i .'1 ' M . • .. l: ' rI 'Y 11'F'f .7, . .'�I••.•• .'rr•
' '1 •. • '; ' •.',". r• ' f• ' �r �r.V... •' mil. ryr ' .�'•! ti ►: .''
1.M The division of land shown on the accompanying plan.pi„-s�-'_n io. t.,i a;•,. a'ub d. i• vi..s.ian'
••�-.r�.',
.•f-because every lot shown thereon has the amount of frontage 'required by the
North Andover Zoning By--Law and. is on a public wayp-namely;• '
.or a private wayp namelyv ., r
Willow Street j being land bounded as follows:*
On the north and east by Willow Street '
On the 9011th by land 11/F Symosek
On the west by land ITIF Margolis , Bil.1_icki , Tay].or, and '; <
Route 125 Andover By-Pass .
2. Title reference: North Essex Dcedsp Book 835 � page 207 1 or ,
Certificate of Title No. T � Registrar on,Book age
or Other: ; . -......� P $e
Roccived by Towii Cl.ork: Appl d)nt t s sri-
lure
i
Date•
• �' ',: `� Apl�licant�s add as �.�;�ociates
T-IJ�l Musgrove 3ui1�3i.t�cx
Timer, _ .:•;,:'
An4dover,, 11,(% 01�31()
Signatures
''' Owner's signature and address if not the
applicants
Purchase .a•nd. .-agreement
Notice is APPLTCAW f TONN CIXRK of Action of PInnning Board on
,. Aacgmp�g Plan.
V. h An"' a• ar P . . Board' a e ax d t t 1 �d as
de to c �0 1 he V'.l':'
,}
.. rote a dorr ta Is
; �.•. ��• �M,w'+r .i.' � ,� '�1'++�l��... ' 1 r-• �•,' !'. I,,�i Y•''a� 1+, rrl.Y �•��4''�..;' •!• }
il. •.,�r�1�� .a�,f�•,}41 1
�t�' �" rl Ir,' �. »n:�',.,1, ,#.• AI' ..,•71} �f,. , TS. + �- �• •..•ff.✓',.�, .t' �,
• +►%,. ..A ,r �l .�„•rw• 'f`, t ',.t••'�1 4(�711 i1.••1}:ra if�t t't�-1 ,� f ,.'!' t f'11I��Ar��'+ }.'l:; Ir 4�.v,f '�I�.1�• i. ..,� '
2 Yarth Andovar Planning Board has. determined that said plan ahoxa r
,. • ,. .
a =Wvisionj as defined by G.L.f'e•' 41, a. and roust therefore
�ti subrr tied to it for approval
under the subdivision" law",.,
.4%`,fC�wr>`+••,��•r�.i� ��•).y• ,..�. l.;•• ' k :'i. •' «yw"�f�.Iff�• �-i��:'�: 'i� •�'F� �*rrt� i�i;i{i'I--�1', i7 �f'}/C,j�•ly.'C rr y(;t�k:: 1' ..
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} ?: =r:)`.'•' .� k�:"f �:.r-i:f + N1' +.1�i• F,.� 4� '.�,ll` '«1'.r ii•' ►i`r1�1. �X�Y.y+ ,'��,.,1}��il�•k �3irR}+�'::�J
•ti� 1Y rr: �ypr i+,•+ �,:'r� Lr•r •; .. ,�,:. }�.., I a r ,� c 1' .�1 -: , •y
, • r+^"t`'�t �� J.-- .�. •,i•�,.: � •.•r:�, ��,�.1•• 't+�T� 'r' •', •+ik.}wr , � ,r„� �!a�s ',t••
sr,'rJt'���y%•w.�•�..n�•.•r,•�'��l,r.i-1.. ;?'•..�71:i':,.,j,�`+t'Ii:t�: J:�',1•N+ii.ti. .1 ........ . •Yr� ri1.�.::•h il.. .:�t'��r ,{;-.��,., if• ,' +'.o
:.•.�f+�!^,.�!•`�+\'•,.1.++''��:7t�,��'1�1'••' ,. 'i. �� gS'y il' y•�s, k,1 'f 1, ..
• .}i.C`,: i� ti�4.'Z'�fii:i���„�•�..'�l+;i•'�4'A•'r'.' 7 ,:.%�\#tt r� :.�`i�3•,'��}}�V i, .. �,..,r. .I w.1. _ -.•.ni.+.: 'i•e.�,.w,... •4. , .. �.w
Very. truly your*
- •. :Yk++r'•IY.V. 'ram: - �+.��r.. t, '
NORTH ANDUVER PLANK NQ Q
•.I. .,.•7' y}_ f� t'S.r� '1•'!'Y �rT ',�s•I. •. 'i �•7' ..�• ,r, ,• .
•y` .,t,a� y two. - •I 'f ?~•� ., ,• BY
,,.• i M •t1' ' J (( r ••'• Mr 1♦ I},. it
.. Date: d•r
41,
'SEA, ATTACHFD CONlbIT I ONs, AfpOft AL
114 ASSOCIATES REALTY TRUST
DECLARATION OF TRUST
1 . ROBERT E. WEBSTER and BENJAMIN C. OSGOOD, both of North
Andover , Essex County , Massachusetts , hereby declare that they
.........................................................
and their successors ,in_,trust will hold any and all property ,
.. ... .. .......
real and personal , that may be transferred t.o them as Trustees
hereunder in trust for the sole benefit of the individuals or
entities listed in the Schedule of Beneficiaries 'this day ex-
ecuted by the Trustees , in the proportions stated in said Sched-
ule.
2 . (a) This trust shall be known as the "114 ASSOCIATES
REALTY TRUST" and is a nominee trust. The purposes for which
this Trust is formed and the functions to be carried on by the
Trustee are to create a trust for the purpose of holding the
record legal title of the trust property for the benefit of the
beneficiaries. The trust shall not engage in any function
other than the holding of record legal title to the trust prop-
erty, except as herein provided.
(b) The original beneficiary or beneficiaries of this
Trust are the person or persons listed as beneficiaries in the
Schedule of Beneficiaries this day executed by the Trustee and
held in his files, and the respective interests of the benefic-
iary or beneficiaries are as therein stated. The beneficial in-
terest of a beneficiary hereunder shall be deemed to be personal
property. In case of the death of a beneficiary, his or her
�3
right, title or interest hereunder shall pass to his or her ex-
ecutor or administrator and not to his or her heirs at law.
The death of any beneficiary shall not terminate the trust nor
in any manner affect the powers of the Trustee hereunder .
(c) The Trustee shall not be bound by any transfer
or assignment of any beneficial interest or part thereof until
receipt by the Trustee of written notice that such transfer or
assignment has in fact taken place together with appropriate
evidence of such transfer . upon receipt of such notice and evi-
dence , the Trustee shall thereupon make the appropriate change
in the Schedule of Beneficiaries. In case of a collateral as-
signment of any beneficial interest hereunder , the Trustee shall
make an appropriate notation of the name of the assignee on the
Schedule of Beneficiaries when appropriate evidence of such as-
signment is furnished to the Trustee and thereafter the prior I
written consent of the collateral assignee shall be required to
any direction of the beneficiary given to the Trustee directing
the sale , assignment, mortgaging , or other disposition of all
or any part of the trust property, or the termination of this
trust.
3 . Except as hereinafter provided in case of the termina-
tion of this trust, the Trustee shall have no power to deal
in or with any trust property except as directed in writing
by all of the beneficiaries. When, as, if and to the extent
specifically directed , as aforesaid, the Trustee shall , in ac-
-2-
t�
I
!!
I
cordance with such directions , have full power and authority to
acquire land , options to purchase land and interests in land , to
sell , grant options to purchase , assign, mortgage , distribute or
otherwise dispose of all or any part of the trust property, to
borrow money , to grant or 'acquire rights or easements and enter
into agreements with respect 'to the trust property, and to carry
out any actions so designated , provided , however , that no Trustee
shall be required to take any action so directed which will in
the opinion of such Trustee involve him in any personal liabil-
ity unless first reasonably indemnified against such liability.
Any person dealing with the Trustee shall be fully protected in
accordance with the provisions of Paragraph 7 hereof.
4 . This trust may be terminated at any time by written
notice of termination given to the Trustee by all of the
beneficiaries and this trust shall terminate in any event twenty
(20) years from the date of this instrument. In case of any
such termination , the Trustee shall transfer and convey the en-
tire trust property, subject to any leases, mortgages, contracts
or encumbrances on the trust property, to the beneficiaries as
tenants in common in proportion to their respective interest as
determined in accordance with the provisions of Paragraph 2 , or
as directed in writing by the beneficiaries.
5. Any Trustee hereunder may resign by written instru-
ment signed and acknowledged by such Trustee and recorded with
-3-
the applicable registry of deeds for any county in Massachusetts
in which real estate owned by the Trust is situated ( "said Deeds") .
Succeeding or additional Trustees may be appointed or any Trustee
may be removed by an instrument or instruments in writing signed
by a majority of the beneficiaries , provided in each case that
such instrument or instruments (or a certificate by any Trustee
naming the Trustee or Trustees appointed or removed , and in the
case of any appointment , the acceptance in writing by the Trustee
or Trustees appointed) shall be recorded with said Deeds, which
shall be conclusive evidence of his qualification as Trustee
hereunder . Upon the appointment of any succeeding or additional
Trustee, the title to the trust estate shall thereupon and with-
out the necessity of any conveyance be vested in said succeed-
ing or additional Trustee jointly with the remaining Trustee or
Trustees , if any. Each succeeding and additional Trustee shall
have all the rights , powers , authority and privileges as if
named as an original Trustee hereunder . No Trustee shall be re-
quired to furnish bond.
6. This Declaration of Trust may be amended from time
to time by a written instrument (i) signed by all of the ben-
eficiaries and acknowledged by all of the beneficiaries, and
(ii) delivered to any Trustee, provided in each case that the
instrument of amendment or a certificate by any Trustee set-
ting forth the terms of such amendment shall be recorded with
said Deeds.
-4-
r( b
7 . No Trustee hereunder shall be liable for any error of
judgment nor for any loss arising out of any act or omission in
good faith, but shall be responsible only for his own willful
breach of trust. No license of court shall be requisite to the
validity of any transaction entered into by the Trustee. No
purchaser or lender shall be ,under any liability to see to the
application of the purchase money or of any money or property
loaned or delivered to any Trustee or to see that the terms and
conditions of .this trust have been complied with. Every agree-
ment , lease , sublease , deeds mortgage, note,..__assignment or
other instrument executed by the person appearing from the rec--
orris of said Deeds to be Trustee hereunder shall be conclusive
evidence in favor of every person relying thereon or claiming
thereunder that at the time of the delivery thereof this trust
was in full force and effect and that the execution and delivery t
........
thereof was duly directed as required by the terms of this trust.
Any person dealing with the trust property or any Trustee may
always rely, without further inquiry, on a certificate signed
by a person appearing from the records of said Deeds to be a
Trustee hereunder as to who are the Trustees hereunder or the
beneficiaries hereunder or as to the authority of any Trustee
to act, as to whether or not this Declaration of Trust has been
terminated or amended and , if amended, the provisions of such
amendment , or as to the existence or nonexistence of any fact
or facts which constitute conditions precedent to acts by any
-5-
c7 ',
Trustee or which are in any other manner germane to the affairs
of the trust.
8 . (a) If at any time when there are two or more Trust-
ees, any Trustee shall become unable to perform his duties as
such Trustee because of physical or mental incapacity, then he
shall continue to be a Trustee hereunder and , during such per-
iod as such incapacity shall continue, the other Trustee or
Trustees shall , acting alone ; have and exercise as Trustees all
the powers , duties and discretions of the Trustees within the
terms of this instrument.
(b) If at any time when there are two or more Trust-
ees, any Trustee may for the duration of any absence , illness,
or incapacity of his, or for any specified period of time , au-
thorize in writing the other Trustee or Trustees, acting alone,
to manage the affairs of this trust. Such authority shall be
revoked in writing.
9 . The terms "Trustee" or "Trustees" when used in this
instrument shall each include both singular and plural where
the context so requires or permits and shall mean the Trustee
or Trustees named herein and such person or persons who here-
after serve as Trustee or Trustees hereunder , and the rights,
powers, authority and privileges granted hereunder to the
Trustee shall be exercised by such person or persons subject to
the provisions hereof.
10 . No Trustee or beneficiary hereunder shall have any
personal liability under any contract or undertaking made by
_g-
l�
it
I
I
the Trustees. All such contracts, obligations or undertakings
shall refer to this instrument and shall be enforceable only
against the Trustee as Trustee and upon the trust property.
11 . The Trustee may consult legal counsel concerning any
question which may arise hereunder , and shall incur no liabil-
ity and shall be fully protected in acting in accordance with
the opinion of such counsel .
12 . The Trustee shall be entitled to reasonable compensa-
tion for his services hereunder and to reimbursement for all
reasonable expenses incurred by him hereunder . Notwithstand-
ing any contrary provision, the Trustee shall not be required
to take any action hereunder by direction of the beneficiaries
or otherwise , until the beneficiaries shall furnish to the Trustee
reasonable indemnity against liability and expense to the Trustee.
WITNESS the execution hereof under seal b�j the Trustee here-
inabove named this ld/en' day of �GGGt. , 1981•
OBERT E. WEBSTER BENJerN C. OSGOOD
COMMONWEALTH OF MASSACHUSETTS �1
s�r r 19$1
vy�
Then personally appeared the above-named ROBERT E. WEBSTER
and BENJAMIN C. OSGOOD and acknowledged the foregoing instrument
to be their free act and deed, before me,
Z.
NOTARY PUBLIC
My Commission Expires.
C�
1 l. D r ri r 7 C T
G .L. C. 131 , s , 40
and tinder Town of North Andover By Law,^ Chapter 3 -Section �3. 5 A B
CITY/TO�%7N NORTH ANDOVER _ FILE NUMBER 242- 166
NAME 114 Associates ADDRESS 2 Elm Square
Andover, MA 01810
CERTIFIED. MAIL NUMBER - _ _
PROJECT LOCATION:
Address Willow Street Extension -
Recorded at Registry of North Essex , Book , Page 318
Certificate (if registered)
REGARDING:
Notice of Intent Dated July 27, 1982
and plans titled and dated see condition eleven ( 1 }
THIS ORDER IS ISSUED ON (date) September 23, 1982
---------------------------------------- --------- -- -- -------- ------ --- --- --- ----
Pursuant to the authority of G.L. c. 131 , s . 40, the North Andover Conservation
Commission has reviewed your Notice of Intent and plans identified above, ana .
Tiasw_'aetermined that the area on which the proposed work is to be done is
significant to one or more of the interests listed in G.L. c,. 131, s . 40. Town
of North Andover bylaws, Section 3. 5 A & B Wetlands Protection. The North
Andover Conservation Commission hereby orders that the following conditions
are necessary to protect sax in and all work shall be performed in
strict accordance with them and with the Notice of Intent and plans identified
above_except_where_such_plans_are_modified-by_said_conditions_-__ .... .._ ..d_..e- _.. __ _.
CONDITIONS
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. This order does not grant any property rights or any exclusive privileges ;
it does not authorize any injury to priviate 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 and/or regulations .
4. The work authorized hereunder shall be completed within one (1 ) year from
the date of this order unless it is for a maintenance dredging project
subject to Section 5(9) . This order may be extended by the issuing
authority for one or more additional one-year eriods caper application
to the said issuing authority at least thirty p(30) days prior to the
expiration date of the order or its extension.
a€
-Z 0
5 . t6riy f:ii i used in connection vith this project shall be clean fill,
containing no trash , refuse, rubbish or debris , including without
Limiting the generality of the forcgoing, lumber, bricks , plaster,
wire ,lath, Paper, carboard, pipe, tires , ashes , refrigerators,
motor vehicles or parts of any of the foregoing.
6. No work may be commenced until all appeal periods have elapsed from
th'e order of the Conservation Commission or from a final order by the
Department of Environmental Quality Engineering.
7. N6, work shall be undertaken until the final order, with respect to
the proposed project, has been recorded in the Registry of Deeds for
the district in which the land is located within the chain of title
of the affected property, The Document number indicating such
recording shall be submitted on the form at the end of this order
to the issuer of this order prior to commencement of work.
8. A sign shall be displayed at the site not less that two square feet
or more than three square feet bearing the works , "Massachusett-
Department of Environmental Quality Egnineering. Number 242- 6 " .
9, ,. Where the Department of Environmental Quality Engineering is requested
to make a determination and to issue a superseding order, the Conser-
vation Commission shall be a party to all agency proceedings and
hearings before the Department.
10. Upon completion of the work described herein, the applicant shall
forthwith request, in writing, that a Certificate of Compliance be
issued stating that the work has been satisfactorily completed.
11 . The work shall conform to the following described plans and additional
conditions:
a. Notice of Intent and Environmental Data. Form dated July 27, 1982
submitted by 114 Associates prepared by Kaminski, Gelinas & Assoc. ,
Inc. Seven (7) sheets .
b. Plan entitled "Notice of Intent Willow Street Extension
Improvements" prepared for 114 Associates by Kaminski, Gelinas &
Associates , Inc. One (1) page.
c, Plan entitled "Willow Street Extension Improvements" prepared
for 114 Associates by Frank C. Gelinas & Associates , Inc. dated
August 3, 1981. Three (3) sheets .
d. Calculations on Willow Street Drainage prepared for 114 Associates
by Frank C. Gelinas & Associates , Inc. dated August 13, 1982 .
Five (5) sheets .
e. Plans entitled "Willow Street Extension Improvements" prepared
for 114 Associates by Frank C. Gelinas & Associates , Inc. dated
August 19, 1982 . Two (2) sheets .
of
f, s
01'ZDFR OF C;ONUI'fM. S.: Willow St-reet ExLe-nsiolt 2/,i-106
f. Calculations on culvert comparison dated September 2 ,
1982 . One (1) sheet.
g. Letter and associated data sheets from Kaminski,
Gelinas and Associates, Inc. dated September 13,
1952, six (6) pages .
12. `This Order of Conditions applies only to the upgrading of
Willow Street and construction of associated appurtanances .
A new Notice of Intent will be required for work on all of
the lots on the south west side of Willow Street and for
any additional development or further extensions of Willow
Street.
13. Based "on the data submitted to date with this Notice of
Intent, future Notices of Intent for additional development
must protect the natural storage area upstream of the culvert
at Willow Street Station No. 14+50 up to elevation 236.0 ft.
(MSL) , or provide equivalent compensating storage volumes .
No filling or altering shall be allowed under this Order of
Conditions below elevation 236.0 except for purposes of construc-
ting the road and drainage.
14. The proposed culvert under Willow Street at Station No. 14-1-50
shall have a flow capacity similar to the existing conditions
as of this date.
15, A row of staked hay bales shall be placed between all construc-
tion areas and wetland areas . This rota of hay bales shall
remain intact until all disturbed areas have been stabilized
to prevent erosion.
16. All disturbed areas shall be graded, loamed and seeded to
provide restabilization of disturbed areas . After restabil®
ization, hay bales shall be removed and sedimentation shall
be removed from areas of accumulation.
17. All erosion prevention and sedimentation protection measures
found necessary during construction by the North Andover
Conservation Coamission will be implemented at the direction
of the NACC or Highway Surveyor.
ply
ORDER OF' CONDITIONS : 1dillow Street k�xtension 242-166
,1
18. A bond in the amount of $3000.00 shall be posted per
instructions of Town Counsel. Construction shall be
secured by a proper bond or a deposit of money or
negotiable securities9 sufficient in the opinion of
the North Andover Conservation CorruUssion to secure
Performance of t7-ie construction of the required work.
Such bond or security if filed or deposited shall be
'-.,approved as to form and manner of execution by the
` Tbwn Counsel, and shall be contingent an the completion
of required work within one (1) year of the date of
issuance. of this order. Forms F,G,H,K,R, (see appendix) .
This condition is issued under the Town of North Andover •
Wetlands Protection By-Law Section 3.5 A & B.
19. Any changes in the submitted plans, Notice of Intent, or
resulting from the aforementioned conditions must be sub-
mitted to the NACC for approval prior to implementation.
If the NACC finds, by majority vote, said changes to be
significant and/or deviate from the original plans , Notice
of Intent or this Order of Conditions to such an extent that
the interests of the Wetlands Protection Act cannot be protected
by this Order of Conditions and would best be served by the
issuance of additional conditions , then the NACC will call for
another public hearing within 21 days , at the expense of the
applicant, in order to take testimony from all interested
parties . Within 21 days of the close of said public hearing,
the NACC will issue an amended or new Order of Conditions .
20. Any errors found in the plans or information submitted by
the applicant shall be considered as changes andprocedures
outlined for changes shall be followed.
21. The provisions of this Order shall apply to and be binding
- upon the applicant, its employees , and all successors and
assigns in interest or control.
22. Pryor to the issuance of a Certificate of Compliance, the
applicant shall submit a letter to the Conservation Commission
from a registered professional engineer certifying that the
work is in compliance with the plans referenced above and
the conditions stated above.
23. Members of the NACC shall have the right to enter upon and
inspect the premises to evaluate compliance with this Order
of Conditions .
ORDER OF . CONDITIONS : Willow Street Extension 242-166
24. Accepted engineering and construction standards and procedures
shall be followed in the completion of the project.
25. 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 damage due
4 to wetness .
E�. In., addition to the requirements of Condition No. 10, the
applicant must submit a .letter, from a professional registered
engineer, certifying compliance with this Order of Conditions .
Said letter will certify, but not be limited to, the following:
a. "As-Built elevations of all drainage ways constructed
within 100 feet of any area subject to the Wetlands
Protection Act.
b. "As-Built" elevations and grades of all filled or
altered wetland areas .
An "As-Built" topographic plan of all areas within the
jurisdiction of this Order of Conditions must be submitted
when a Certificate of Compliance is requested.
(W 0,11d)i'! 1 `'S "1 i:yl1::i1 - u r I i Ntf z .l k 10
They Aprilicant , any person aggrieved by this order, any owner of land
abutting .the land upon which the proposed work is to be done , or any - ten
` residents' of the- city or town in which such land is located, are hereby
potified of .their right to appeal this order of the Department of Environ-
mental Quality Engineering. provided the request is made in writing and
by certified mail to the Department within ten (10) days from the issuance
of this order.
I SSUED 'BY NORTH ANDOVER
CONSERVATION COMMISSION
On this 23rd day of September 19 82 , re me personally
appeared AnthonX Galva na to me
known to Be—the person described in, and who executed, the foregoing
instrument and acknowledged that he executed the same as his free act and
deed .
Z'4z _. my Commission expires gw�zt_ 1
DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO
COMMENCEMENT OF WORK.
To NORTH ANDOVER CONSERVATION COMMISSION (Issuing Authority)
PLEASE BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PROJECT AT
FILE NUMBER 242- , HAS BEEN RECORDED AT THE
REGISTRY OF ON (DATE)
• If recorded land, the instrument number which identifies this transaction
is
If registers an , t e document number which identifies this transaction
is
Signed
Applicant
Y�
C;DTI I ST OF .A 7JTT FRS
q_
April 2 , , 3 RQ
To The Planning Board of the Ton of North Andover :
w
The undex'signed , being an applicant for approval. of a
definitive plan of a proposed su bdivlsion entitled North
Andover Business Park
submits the following sketch of the land in
esubdivistheirion
listing the names of the adjoining ohners
positions and indicating the address of each abutter on the
sketch or in a see subdivision only by including, tr t
separate
street .
land
separated from th
Associates Realty Trust
114 - .
. Sig ure of pplicant
TwElm S uare
Address
Andover, Mass . 01810 --
Vassachusetts
4
To The Planning Board of the 'Town of North Andover;
This is to certify that at the time of the last theenamest
,or taxation r-?de by tree To- .n of k:orth Andover-,
and addresses of the r)arties assessed as adjoining o�rr�ers
to the parcel of land shoi;Tn above here as above written ,
except as follows :
Assessor
Stephen & Madeline N. Bilicki - 278 Newbury St. , Peabody , Mass . 01960
Martin & Lillian Margolis -- By-Pass , North Andover, Mass. 01845
Charles A. Annaloro, Jr. -• 15 Holbrook Road, North Andover, Mass. 01845
Leonard J. Annaloro - 15 Holbrook Road, North Andover, Mass . 01845
Forties and Electra Barounis - 8 Kathleen Drive, Andover, Mass. 01810
Leo P . and Rose M. Beninato - 10 Kathleen Drive, Andover, Mass. 01810
Francis and June M. Walsh- 12 Kathleen Drive , Andover, Mass. 01810
Thomas W. and Yoko H. Huey - 14 Kathleen Drive , Andover, Mass. 01810
Leverett J. and Anita F. Zompa -- 6 Kathleen Drive, Andover, Mass . 01810
Edward H. and Gloria Schwarz - 27 Annis St. , North Andover, Mass . 01845
John W. and Nancy C. McDowell - 25 Annis St. , North Andover, Mass , 01845
John J. McLay - 40 Pembroke Road, North Andover, Mass. 01845
Route 114 Realty Trust
c/o Atty. J.F. Ogozalek, Jr. - 10 Center Street, Chicopee, Mass,
The Willows, Inc. - 815 Turnpike St. , North Andover, Mass. 01845
Henry E. Bolten - 13 Florence St. , Andover, Mass. 01810
Sakowich Realty Trust - 300 Canal Street, Lawrence, Mass.
Commodore Corporation - 805 Turnpike Street, North Andover, Mass. 01845
Citation Realty Trust- 805 Turnpike Street, North Andover, Mass . 01845
r
f J /, g
V
;,
i
i
FORM 4
- ORDER OF CONDITIONS
WETLANDS PR0T . E_C-T,. 1 ON ACT
G.L. C. 131 , s . 40
and under Town of North Andover Bar Law, Chapter 3 Section 3.5 A & B
-------------------------
CITY/TOWN NORTH ANDOVER FILE NUMBER 242•- 187
NAME 1.14 Associates Realty__Trust ADDRESS �l E!yn S(I-hare
Andover, MA 01510
CERTIFIED MAIL NUMBER
PROJECT LOCATION:
Address PurLp Station Rt. 114
Recorded at Registry of north Essex , Book 110 , Page 182
Certificate (if registered)
REGARDING:
Notice of Intent Dated 11arch 4 , 1983
and plans titled and dated see conultio-ia eleye- (11)
THIS ORDER IS ISSUED ON (date) �".pril 279 19�3
---------------------------------------- -- ------- ---- - ---- --- --------- --- --------
Pursuant to the authority of G.L. c. 1.31 , s. 40, the North Andover Conservation
Commission has reviewed your Notice of Intent and plans i enti ie a ove, an
has ete-imined that the area on which the proposed work is to be done is
significant to one or more of the interests listed in G.L. c,. 131 , s . 40. Town
of North Andover bylaws, Section 3. 5 A & B Wetlands Protection. The North
Andover Conservation Commission hereby orders that the following conditions
are necessary to protect said interests and all wort shall be performed in
strict accordance with them and with the Notice of Intent and plans identified
above_except_where_such_plans_are_modified_by_said_condit ions .
_ T___ ________ ____ _
CONDITIONS
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 . This order does not grant any property rights or any exclusive privileges ;
it does not authorize any injury to proviate 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 , by-laws and/or regulations .
4. The work authorized hereunder shall be completed within one (1) year from
the date of this order unless it is for a maintenance dredging project
subject to Section 5(9) . This order may be extended by the issuing
authority for one or more additional one-year eriods uper application
to the said issuing •authority at least thirty �30) days prior to the
expiration date of the order or its extension.
ORDER OF CONDITIONS CONTINUED - 2 - FILE NO. 242-ifi2 _ 1
5 . Any fill used in connection with this project shall be clean fill ,
containing no trash, refuse, rubbish or debris , including without
limiting the generality of the foregoing, lumber, bricks , plaster,
wire ,lath, paper, carboard, pipe, tires , ashes , refrigerators ,
motor vehicles or parts of any of the foregoing.
6. No work may be commenced until all appeal periods have elapsed , from
the order of the Conservation Commission or from a final order by the
Department of Environmental Quality Engineering.
7 . No work shall be undertaken until the final order, with respect to
the proposed project, has been recorded in the Registry of Deeds for
the district in which the land is located within the chain of title
of the affected property. Thes Document number indicating such
recording shall be submitted on the form at the end of this order
to the issuer of this order prior to commencement of work.
8 . A sign shall be displayed at the site not less that two square feet
or more than three square feet bearing the works, "Massachusetts
Department of Environmental Quality Egnineering. Number 242- 187 " .
9 . Where the Department of Environmental Quality Engineering is requested
to make a determination and to issue a superseding order, the Conser-
vation Commission shall be a party to all agency proceedings and
hearings before the Department.
10. Upon completion of the work described herein, the applicant shall
forthwith request, in writing, that a Certificate of Compliance be
issued stating that the work has been satisfactorily completed .
1I . The work shall conform to the following described plans and additional
conditions ;
£ Notice of In Lea' E�ncl ET"viro-imle1.Zial Data Form SLi�JiFiLtt[d by 1l�-
iissociates Realty Tr-ust dated ifarch 4, 1983 prepared by Ka}.3ins ci ,
Gelina.s & associates , Inc. Eight (8) pages .
b. Plan entitled '!Site Plan SeN er PLucip Station Route 114 - Salem
Turnpike in North ;xidover, !°;Z' prepared by KajAilski, Gelina.s Ux
�'�ssocia.Les., Inc. dated February 22, 1983, revised April 5 , 1983.
Ooe (1) sheet.
j_2 . i; u.ouble roi of G7tE-J e(, 1-)L�y '�L!_les slJ;all be betwee-n all
C;0)1"CX11C.r. ! C1 i.;.!�cc.s <'1 Ci c:-11 �''ei 14�1iC: �A?_f'.�'� i.. Cyr i"?�.�..LL'U. �L7. tl).e
":- )o\1C-_ referei'iceCl Jl� • y ll"1'S low of J], I_so iJP_
aS
( C1 r)-z�"Ated on t-11a ?-)ov _-e'erenced PLa i . This lhov b .le bL.rrier
S111 11 be erected prior i_Q is1 se o ... I-y i,'O �.t, �7,nd
SI")�-1I 1 L�( l l ;pC'C teC c:11C1 <<pa�? O\'eCl by at .iat �[?CJ CO'.i ;3155i0'il
L x 7 r I.
Tl i:iiJt�3 S prio_�~ �O i=tie cC):[l l?l1CL'?:lP_'LJ O� e!7��- l�'01 i,.
r
3 -
ORDER OF CONDITIONS : Pump Station Rt. 114 242-187
13. Upon completion of construction and grading, all areas shall
be stabilized permanently against erosion. This shall be done
either by sodding, mulching according to Soil Conservation
Service standards, or by foaming and seeding. If the latter
course is chosen, stabilization will be considered once the
surface shows complete vegetative cover has been achieved.
. 14. Once stabilization has occurred, the hay bale barriers may be
removed and utilized as additional mulch, or removed from the
site.
15. All erosion prevention and sedimentation protection measures
found necessary during construction by the North Andover
Conservation Commission will be implemented at the direction
of the NACC or Highway Surveyor.
16. Any changes in the submitted plans , Notice of Intent, or
resulting from the aforementioned conditions must be sub-
mitted to the NACC for approval prior to implementation.
If the NACC finds , by majority vote, said changes to be
significant and/or deviate from the original plans , Notice
of Intent or this Order of Conditions to such an extent that
the interests of the Wetlands Protection Act cannot be protected
by this Order of Conditions and would best be served by the
issuance of additional conditions , then the NACC will cull for
another public hearing within 21 days , at the expense of the
applicant, Q order to take testimony from all K erested
1)anies . Within 21 64} s of the closo of sala public he- ring,
the iNPCC \,.7:i1l issue an anejed ox now Order of Cohditions .
17. A-ay errors . found in the plans or inforoa.tion subMted by the
applicant shall be considered as changes and procedures
outlined for changes shall be followed.
13 . In addition to the requireC.Zents of Condition No. 10, M
applicant must submit a letter, from a professional registered
engineer, certifying compliance with this Order of Conditions .
Said letter will certify, but not be limited to, the following:
11AS 3uilt" elevations of all drt_ina e ways constructed
within 100 feet of uny area subject to the Wetlan&
Protection on fact.
b. "As-Built" elevations and g7L6Cs of all filled or altered
wetland areas .
An "As-Built" topographic plan of Ll1 areas within the
jurisdiction of Lhis Order of Conditions wust be subaitted
when a Certificate of Compliance is a-cquested.
ORDER OF CONDITIONS : Pump Station Rt. 114 242-187
19. Members of the NACC shall have the right to enter upon and
inspect the premises to evaluate compliance' with this Order
of Conditions .
20. Accepted engineering and construction standards and procedures
shall be followed in the completion of the project.
21 . Issuance of these conditions does not in any way imply or certify
that the site or downstream aeas will not be subject to flooding,
storm damage, or any other form of damage due to wetness .
22 . The provisions of this Order shall apply to and be binding
upon the applicant, its employees , and all successors and
assigns in interest or control .
23. A bond in the amount of $1000.00 shall be posted per instructions
of Town Counsel . Construction shall be secured by a proper bond
or a deposit of money or negotiable securities, sufficient in
the opinion of the North Andover Cpnservation Commission to
secure performance of the construction of the required �,,lork.
Such bond or security if filed or deposited shall be approved
as to .form and manner of execution by the Toran Counsel , and
shall be ' contingent on the completion of required work within
(1) year of the date of issuance of this order. Forms F,G,H,
K,P., (see appendix) . This condition is issued under the ToSon
of North Andover t"letla.nds Protectioi-i By-Law Section 3. 5 A L. B.
CONDITIONS C0'NTJNL)FD -- t• ! i.r. jNU 4� 7
The Awlicant, any person aggrieved by this order, any owner of land
abutting .tbe land upon which the proposed -work is to be done , or any . ten
residents of the city or town in which such land is located, are hereby
notified of their right to appeal this order of the Department of Environ-
mental Quality Engineering. provided the request is made in writing and
by certified mail to the Department within ten (10) days from the issuance
of this order.
ISSUED BY NORTH ANDOVER
CONSERVATION COMMISSION �«'°
- �..r
On this 27th day of April 19 83 , before me personally
appeared AnthonyGalvagna to me
known to Be the person described in, and who executed, the foregoing
instrument and acknowledged that' he executed the same as his free act and
deed.
r=2,._. „_. My Commission expires 0, , ry
i
DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO
COMMENCEMENT . OF WORK.
To NORTH ANDOVER CONSERVATION COMMISSION (Issuing Authority)
PLEASE BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PROJECT AT
FILE NUMBER 242- , HAS BEEN RECORDED AT THE
REGISTRY OF ON' (DATE)
If recorded land, the instrument number which identifies this transaction
is
If registere land, tFie document number which identifies this transaction
is
Signed
Applicant