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HomeMy WebLinkAbout20230119 Planning II Salem Forest 3,.r I TOWN Op NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS Ss4 OSGOOD STREET, 01845 PAUL S. NIMAN DIRECTOR Mr. Paul Hedstrom, Chairman Planning Board 120 Main Street North Andover, Ma. 01845 October 5, 1987 Re: Hawkins Lane Dear Paul: At the request of Mr. George Farr, we have estimated that a bond amount of $25,000.00 is necessary for the completion of water mains and appurtenances on Hawkins Lane. Very �r�%ul ours, J. William Hmurciak Director of Eng. & Adm. JWH:Ib 687-7964 PAUL S. NIMAN DIRECTOR r � r TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET, 07848 TELEPHONE 687-7964 September 30, 1987 Planning Board Paul Hedstrom, Chairman 120 Main Street North Andover, Mass. Re: Bond Recommendation - Hawkins Lane Dear Paul'T At the request of George Farr, I am submitting a bond amount for all items under the jurisdiction of this Department. I would recommend that the amount of $85,000 be used for this sub- division. The precast box culvert proposed for this subdivision in my opinion should not be allowed. I would recommend that this culvert be poured in place and that the walls and roof be thicker and have more rein- forcing rods. A poured in place box culvert and head walls properly done is far superior structurally than the precast and there is much less chance of problems in fabrication as well as supervision while under construction. Yours truly, William A. Cyr Superintendent of Highways (685-0950) WAC: cm � r j TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET, 01845 PAUL S. NIMAN DIRECTOR April'20,1988 Mr. Paul Hedstrom Planning Board 120 Main Street North Andover, MA. 01845 Dear Mr. Hedstrom: TELEPHONE 687-7964 At the request of the developer, we have estimated that a bond amount of $186,000 is necessary for the completion of all construction on Hawkins Lane, which is under the jurisdiction of the Division of Public Works. Very my your, J,William Hmurciak Director of Engineering & Administration JWH:lb PAUL S. NIMAN DIRECTOR TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS _ 384 OSGOOD STREET. 01846 LEPHONE 687-7964 le T iq 2 ' ✓{ + J pORTR 4 0 5 u M�9.^, ••,'i5{ September 30, 1988 Mr. Paul Hedstrom, Chairman Planning Board 120 Main Street North Andover, MA. 01845 re: Hawkins Lane Dear Mr. Hedstrom: At the request of the developer, we have reviewed the progress of construction in the Salem Forest III subdivision and recommend that a bond amount of $59,000 be posted for work which remains to be completed. ery v, ' 1 fi" �J J. Wi try your" H ciak Director of Eng. & Administration JWH:Ib cc: C. P. McDonough Const. Company OFFICB.S OR APPEALS BUILDING CONSERVATION I-IEAI:I'H PLANNING e 'Town of NOR'1 H ANDOVER I )] VISION OF r 120 Mahe Slrcel Noilh Andover, MH"ild )US( US O 1845 (61 7) 685.4775 PLANNING & COMMUNITY DEVELOPMENT KAREN H.F. NELSON, DIREC I OR October 7, 1988 Mr. Coleman P. McDonough, Trustee McDonough Reality Trust 4 Aspen Road North Reading, MA RE: Lot Release Procedure Hawkins Lane Dear Mr. McDonough: Please be advised that my office needs the following in order to recommend to the Planning Board to release lots for the Salem Forest III Subdivision: 1. A bond in a form acceptable to the Planning Board. (Form K,G, or H and supporting documents from the bank. 2. A completed lot release form. (Form J) 3. Three copies of the subdivision plan which has a Registry of Deeds stamp. 4. Three copies of the common driveway plan which has a Registry of Deeds stamp. 5. A deed which shows an access easement between lots 4 and 5, which is filed with the Registry of Deeds Office. 6. A standard Conveyance of Easements and Utilities (Form M) which is filed with the Registry of Deeds Office. I addition to my requirements, the Division of Public Works will require some action on your part prior to recommending to the Board a lot release for this subdivision. If you have any additional questions in this matter please call me. Sincerely, Scott A. Stocking, ICP Town Planner PERFORMANCE SECURED BY LENDER'S AGREEMENT October , 1988 Andover, MA AGREEMENT made this date between the town of North Andover, Massachusetts, and Coleman P. McDonough, Trustee of McDonough Realty Trust under a Declaration of Trust dated April 211 1988 and recorded with Essex North District Deeds Book 2718 Page 76, hereinafter referred to as "the applicant" of A Aspen Road, North Reading, Massachusetts; and Andover Savings Bank, hereinafter referred to as "the lender" of 61 Main Street, Andover, Massachusetts, to secure construction of ways and installation of municipal services in the subdivision of land shown on a plan entitled: Definitive Subdivision Plan Of Salem Forest III Located In North Andover, Massachusetts, by Thomas E. Neve Associates, Inc., Engineers/Surveyors/Land Planner dated: November 26, 1986, revised November 6, 1987, owned by: George H. Farr and Wanda H. Farr, address: 263 Raleigh Tavern Lane, North Andover, Massachusetts 01846, land located: Hawkins Lane, North Andover, Massachusetts, and showing five (5) proposed lots. KNOW ALL MEN by these presents that the applicant and the Planning Board of the town of North Andover, Massachusetts have executed a covenant, dated April 21, 1988, recorded in the Essex North District Registry of Deeds, Book 2718, Page 84; that the applicant has recorded a,first mortgage with the lender dated October // c 7 L'• 19, 1988, recorded in the Esse f rth District Registry of Deeds on. October U, 1988 as Instrument No.05524,ring all of the Salem Forest III subdivision as shown on the above- reference//plan as security for the payment of a certain note In the principal sum of fifty-nine thousand ($69,000.00) dollars, and that the applicant and lender hereby bind and obligate themselves, their, or its executors, administrators, devisees, heirs, successors and assigns, jointly and severally to the town of North Andover, Massachusetts, a Massachusetts municipal corporation, acting through its Planning Board, in the sum of $59,000,00 dollars, and have secured this obligation by the lender retaining said sum of money of said principal sum otherwise due the applicant to insure the performance by the applicant of all covenants, conditions, agreements, terms and provisions contained in the following: I. Application for Approval Definitive Plan (Form C), dated December 8, 1986; 2, The Subdivision Control Law and the Planning Board's Rules and Regulations governing this subdivision and dated June, 1986; 3. Conditions included in the Certificate of Approval issued by the Planning Board and dated October 26, 1987; 4. The definitive plan as qualified by the Certificate of Approval; and 6. Other document(s) specifying construction or installation to be completed, namely, Conservation Commission Order of Conditions dated April 1, 1987 (specify other documents, if any, and list lots secured if only a part of the subdivision is secured by a lender's agreement). { This agreement shall remain in full force and effect until the applicant has fully and satisfactorily performed all obligations. Upon completion by the applicant of obligations as specified in the following schedule: STAGE OF DATE WHEN SUM TO BE CONSTRUCTION CONSTRUCTION RETAINED OR INSTALLATION AND INSTALLATION BY LENDER TO BE COMPLETED IS TO BE COMPLETED 1, $13,600.00 Headwalls October 26, 1989 2, $101800.00 Finish Pavement October 26, 1989 3, $ 1,200.00 Curb October 26, 1989 4. $ 1,960.00 Bounds October 26, 1989 6. $ 7,900.00 Street Trees October 26, 1989 6. $ 6,400.00 Box culvert & appurtenances October 26, 1989 7. $ 9,450.00 Guard Rail October 26, 1989 8. $ 4,200.00 Miscellaneous October 26, 1989 9. $ 4,600.00 As —built & recording plans & documents October 26, 1989 the interest of the town in such funds retained by the lender shall be released, that portion of the agreement covering a specific stage of work shall become void, and the lender may disburse such funds which have been held as security for a specific stage of work, to the applicant. In the event, the applicant should fail to complete any stage of construction of ways and installation of municipal services as specified In this agreement and within the time herein specified, any funds remaining undisbursed shall be made available in whole, or in part, by the lender to the Planning Board for the benefit of the town of North Andover, Massachusetts to the extend of the reasonable cost to the town of completing such construction or installation as specified in this agreement. Any unused portion of such funds will be released by the Planning Board and may be disbursed by the lender to the applicant upon completion of the work by said town. The town of North Andover, Massachusetts acting by and through its Planning Board hereby agrees to release the following lots one through five from the operation of the above referenced covenant given pursuant to Section 81—U of Chapter 41, the Subdivision Control Law without receipt of a bond or deposit of money and further to accept this agreement and the funds in the amount specified herein to be retained by the lender as security for the performance of the project as aforesaid. Upon delivery of this agreement to the Planning Board, said lots shall 2 be released as herein specified. The lender hereby agrees that none of the funds retained as security, as specified herein, shall be disbursed to the applicant without prior written release of said funds by the Planning Board. Any amendments to this agreement and/or to the aforesaid security shall be agreed upon in writing to all parties to this agreement. IN WITNESS WHEREOF we have hereunto set our hands and seals this 26th day of October , 1988, my 85 A�7 %re `[S "duvt�a psa Signatures of a Majority of the Planning Board of the town of North Andover Signature of Applicant � zr Signatu of Aut r i z e d Representative of the Lender COMMONWEALTH OF MASSACHUSETTS ESSEX ss October 26 .19 88 Then personally appeared Paul A. Hedstrom one of the above named members of the Planning Board of North Andover, Massachusetts, the applicant, and the authorized representative of the lender, and acknowledged the foregoing instrument to be the free act and deed of said parties before �me. C.r Notary Public My Commission Expires: 3 TOWN OF NORTH ANDOVER, MASSACHUSErTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET, 01845 PAUL S. NIMAN DIRECTOR Mr. George Perna, Chairman Planning Board 120 Main Street North Andover, MA 01845 Re: Hawkins Lane Dear Mr. Perna: TELEPHONE 667-7964 FAX: (508) 663-9381 August 28, 1990 The Division of Public Works has reviewed the progress of construction on Hawkins Lane and recommends a bond release of $ 18,000.00. Very tru yours, J. William Hmurciak Director of Engineering & Administration cc: McDonough Construction OFFFIGES pF: h Town own Off' ) 120 Main SVeel -, BUILDING NORTH ANDOVER North Andover CONSERVATION .,, Ym""'"� naassachuseus o1a4s •,HEALTH DIVISION OF 1508) 682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN 1 LP. NELSON, DIRECTOR August 30, 199() Grenville B. Winthrop 111, Vice President Andover Savings Bank 61 Main Street Andover, MA 01810 Re: Salem Forest III - Hawkins Lane Dear Mr. Winthrop: The Andover Savings Bank is hereby authorized to advance to Coleman P. McDonough, Trustee of McDonough Reality Trust, the following funds release by the North Andover Planning Board at their August 28, 1990 meeting: Division of Public Works Headwalls $13,500,00 Box Culvert A Appurtenances fi �,5Op>,011 Total Release $18,000.00 The balance remaining, excluding interest, should be $gl,000.00 This is in accordance with the Subdivision Control Agreement. dated October 26,1988, Performance Secured by Lender's Agreement, between the Town of North Andover, Coleman P. Mconough, Trustee McDonough Realty 'Trust and the Andover Savings Bank. Sincerely, PLANNING BOARD GeOrgc Pernd, Jr , Chairman /]le attachment CC: Coleman P. McDonough J. William Hmurciak, D.P.W. TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS GEORGE PERNA DIRECTOR Mr. Richard Nardella Planning Board 120 Main Street North Andover, Ma 01845 Re: Salem Forest III Hawkins Lane Dear Mr. Nardella: 384 OSGOOD STREET, 01846 TELLP"ONE (508) 685-0950 `` FA�-�(508) 683-9381 July 15, 1993 The Division of Public Works recommends release of all bond funds retained for Hawkins Lane. Our records indicate that an amount of $3,500.00 has been retained since July 3, 1991 for maintenance within the subdivision until the roadway acceptance. Hawkins Lane was accepted as a public way under Article 44, Annual Town Meeting of 1993. Very t �y yours„zl % J. William Hmurciak, P.E. Assistant Director JWH:bkc cc: Coleman McDonough S7ATETAX CERTIFICATE OF MUNICIPAL LIENS • 3 GENERAL LAWS, CHt.PTER 60. SECTION 23 AS AMENDED, CHAPTER 2501987 FORM 290 THE COMMONWEALTH OF MASSACHUSETTS North Andover er ..................................... NAM.EOFCTYORTOW OFFICE OF THE COLLECTOR OF TAXES Atty.s,... p.axa.s..&..Welch.................... 12 Lakeside Office„Par',k............... ............................... Wakefield, Ma. 01880 ............................................................ N° ....74..... A.pri.1.,6.................. 19 .$$... It is hereby certified from available information that hereinafter listed are all taxes and assessments, water rates and charges, which on the above date constitute liens on the parcel of real estate specified in your application dated .......Marc11, 10, , , .. , , . , . ] 19 ...$ 8.... . THE AMOUNTS NOW PAYABLE on account Of such real estate so far as they are fixed and ascertained are itemized below. Any amount not ascertainable is so stated. DESCRIPTION OF REAL ESTATE Description should be sufficiently accurate to Identify the premises. to the case of registered land, certificate of title number must be given. Land with buildings thereontsituated at Farnum St. Brook Lot ••• "'Containing 8.300 acres more or 'less. Assessors Map 106c Parcel 27 ........................................................................................... ....... Book 1087 Page 31............................................................. .......................................................................................... NAME OF PERSON ASSESSED George H. & Wanda H. Farr LOCATION OF PROPERTY Farnum St. Brook Lot TAX..................................:..................................................................... Interest ... ........... ........................... ................ ..... I............................................................. Chargesand Fees ...... .......... ....... :r................ ........ ...... :.:..:............................... ......................................... TAXTITLE ............ ....... ........ ...... ............. ...... ........ ...:................ .............. ......................................... ASSESSMENT......... ........... ........ ....................... ......... :............................... ......................................... Moth ................ .................... .:1..... .... ........ ......... :.............. ............ .............................................. Street Spmsling or Oiling.................................................................: ......... .. ....... .. ................................................. ... Sewer............... ......... ............ .................... ...... .......... ......................... ......................................... SewerCharges........................................................... I .......... .................... ................ -- .................... Sidewalk............. ............... ...... ............. ........ ........:..;............................. ......................................... StreetBetterment ........................... .......... .... ...... ............•.......... ................... . ............. ................. ........... I Other Liens ........... .....................a ........................... s:.................. ... ....... ..... ..,................. ............... . CommittedInterest .................. ....... ................ ... i'. .; ..., ............................. ...... , ................... WATER LIEN Recwdld _ Rt9. of 0teds..................................................:....................... .. ........ ......................... .. .. DISTRICT TAX ........... ................. ............... ........... .. ........................... ........................... ..... ..... .. .. ........ TOTAL Bal 2r4d z $75.51 due 5/l/88 1 paid paid Apportioned betterment assessments not yet due:...... $................ $............... $...... I NTEREST FROM OCTOBER ITO BE ADDED NO. $EWER NO. SIDEWALK NO. STREET I have no knowledge of any other lien outstanding. Improvements have been voted, with regard to which there will probably be liens as follows: • • , , • , ,••,••, • ** Please contactWater Dep...forfinalbilling . , . .... ........ ....... .. ..... Unpaid water rates rges to . ot. included.. on .lieta 19........ $..................... ' DATE p, ; , .. Collector of Taxes for , North Andover NAME OF CITY OR TOW N FORM 391 Hones E WARREN, IMC., PUBLISH EflS REV. CN. /9]I CH. 53A•1978. REV, CH, 250.1987. THIS FORM APPROVED BY THE DEPT. OF REVENUE `it STATETAX CERTIFICATE OF MUNICIPAL LIENS GENERAL LAws, CHAPTER 60, SECTION 23 AS AMENDED, CHAPTER 250 1987 FORM 290 THE COMMONWEALTH OF MASSACHUSETTS North Andover ................................................. NAME OF CITY OR TOWN OFFICE OF THE COLLECTOR OF TAXES .... Atty.s.—Davis..&.. We lch............. • ...... 12, 1 4%Qs.i.de..Qf.£a ae. Park .............. Wakefield,,,Ma..,, 018,80,,,,,,,,,,,,,,,,,,,, N9 ...75..... .... April.. 6.................. 19 ..88. . It is hereby certified from available information that hereinafter listed are all taxes and assessments, water rates and charges, which on the above date constitute liens on the parcel of real estate specified in your application dated ....... Maxcb. J.O........... 19 ..88 ...... THE AMOUNTS NOW PAYABLE on account of such real estate so far as they are fixed and ascertained are itemized below. Any amount not ascertainable is so stated. DESCRIPTION OF REAL ESTATE Description should be sufficiently accurate to Identify the premises. In the case of registered land, certificate of title number must be given. Land with buildings, thereon,, situated, ptt ,qub,a� ,Wpocl$ , , , , , , , , , , , , ,, , Containing 7.000 acres more or less. Assessors Map 106C ..................................... ....................... I.............................. ...... Parcel 31..... Book 10.87.Page 31.9............................................. .......................................................................................... NAME OF PERSON ASSESSED CPnrgP H & Wanda H. Farr LOCATION OF PROPERTY Cuba Woods Fiscal 1988 Fiscal 1987 Fiscal 1986 TAX... Total.. tzxe.s..$..2.2.7-8.5..................................................................................................... Interest..................................................... I..................................................................... Chargesand Fees........................................................................................ ........................... .. .. .......... TAXTITLE.......................................................................................... I.... ......................................... ASSESSMENT ......... ... ............. ........... ..... I ........ I.............. .......................... ........................... ............. Moth ...... StreetSprinkIN4.......... .......................... .. ........................... .. .. .............. ........ .............................. ........... ........................................ ............. .......... .. .. ..... .. ..... .. Sewer................................................................................................. .............................. ........... SewerCharges...................................................................................................................................! Sidewalk................................................................................................ ............. ........ .. .... .......... .. ... StreetBetterment........................................................................................ ............. .. ............... ............ OtherLiens.................................................................... I........ 4................ .......... ............................... CommittedInterest.................................................................................. .......... I ......... ...... WATER LIEN flit/ of ondr ...................................... ................... I.............. DISTRICTTAX .................. ...............................:.............. ..... ..................... 4.. ........................... ........... .. TOTAL gal 2 d 3 113.92 due 5 1 8 aid aid Apportioned betterment assessments not yet due:... i' . $ • • . • ' s...... ' . • . $' . • • .....SIDEWALr..O. • ' • $..... • INTEREST FROM OCTOBER I TO BE ADDED . STREE I have no knowledge of any other lien outstanding. Improvements have been voted, with regard to which there will probably be liens as follows: ** Please contact Water De�t.s for final billing .......... o ................ *Not inclucleci. on lien Unpaid water rates , 19....... , $....... . ............ . `...... Collector of Taxes for , , , North, AndoWver NAME OF CITY ORTON FORM 391 HOBBS A Wf.RRCN, INC., PUBLISHERS REV. CN. 269- I • CX. 534.1978. REV. CN. 250.1907. THIS FORM APPROVED BY THE DEPT. OF REVENUE NORTH ANDOVER POLICE DEPARTMENT Officer's Report Subject Sal -OM 1410rost TTT Date Januar'�Zo 1087 Time Names $ Addresses of persons involved: T have checked tho Subdivision flan. Salem Povoat ITT and whou.ld :hike-; to recommend that a Stop Sign be placed at the Tntersoction of, Patton Lane and Granville Lane. This 1% not pant of the Subdivision but T :fool that the aroa would be rauch safor if" a Stop sigra could be put up® Thorn should be s'troet signs and narabors on all homes before the subdivi- sion is completeo CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass, 01845 WIL.L.IAM V. DOLAN Chiaf of Department TO: North Andover Planning Board From: Fire Chief Dolan RE: Hawkins Way- Definitive Plan Date: 8 January 1987 flmffaulj0� I have visited the site of the proposed development, and reviewed the plans dated 26 November 1986. In accordance with the 1981 Rules Governing the Subdivision of Land I have the following comments and requirements re- garding fire protection: 1) An additional fire hydrant is needed at the cul-de-sac where the eight inch cap and gate valve is shown. 2) The bridge crossing the brook should be constructed to support the weight of the fire departments vehicles. 3) Stteet signs, both on the corner of Patton Lane and Granville Lane as well as Patton and Hawkins, should should be installed as approved by the Director of Public Works. 4) At this time it would be of assistance to know if common drives are to be proposed for this development. 5) I would recommend strongly that the developer consider the installation of residential sprinkler systems in accordance with N.F.P.A. 13 D and North Andover Fire Department requirements for such systems. 6) Lot numbers shall be posted during construction. 7) No open burning is allowed except as permitted by the North Andovr Fire Department. 8) All builders must comply with the fire departments underground fuel storage regulations. 9) Permanent house numbers shall be posted on the dwellings prior to occupancy 10) Prior to taking occupancy, the subdivisions streets shall provide and adequate access to each of the residences "SMOKE DETECTORS SAVE LIVES" i 2. (HAWKINS WAY -FIRE DEPT. RECOMMENDATIONS CONT.) by having had the binder coat applied. I intend to be present at the January 12 meeting if you have any further questions of me. William V. Dolan, Fire Chief 3� 0 0 DIVISION OF PUBLIC WORKS F P 384 OSGOOD STREET TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 y9ssncHusEtRy 685-0950 William A. Cyr Superintendent of Highways, Utilities, & Operations Leo Lafond, William Hmurciak, Supervisor of Forestry & Grounds Director of Engineering & Administration 683-9381 687-7964 January f',, 19f3'7 Planning Board Town Office Building North Andover, Ha. Gentlemen: Re: Salem Forest III All requirements of the subdivision control laws pertaining; to "Street Trees" shall be enforced by this department. 147ould therefore recommcn4 that bond money in the amount of t4,500 be retained for this purpose. Very truly yours, I e'o I9,af�L'ree harden ,per tt`z Commonwealth of Massachusetts S ,J)ME RIG No. 242-38 (To be provided by DEOE) Clly/Town North Andover Applicant =- George H. Farr' Order of Conditions Massachusetts Wetlands Protection Act G.L. c.131, §40 and under the Town -of North Andover Bylaw, -Chapter 3.5 A & B From North Andover Conservation Commission George H. Farr (Name of Applicant) 216 Raleigh Tavern Lane Address North Andover, MA 01845 This Orderis Issued and delivered as follows: Same (Na ne of property owner) Address Same ❑ Iby hand delivery to applicant or representative on -- by certified mall, return receipt requested on April 14, 1987 This project is located at Lots 1-5 Hawkins Lane - Salem Forest III The property is recorded at the Registry of Northern 1:ssex 1087 314 (date) (date) Certificate (if registered) The Notice of Intent for this project was filed on February 5, '1987 (date) The public hearing was closed on February 18, 1987 (date) Findings The North Andover Conservation Comm. has reviewed the above referenced Notice of Intent and plans and has held a public hearing on the project. Based of 'the information available to the NACC at this time, the NACC has determined that the area on which the proposed work is to be done is significant fe thalrollowing Interests In accordance with the Presumptions 61 Significance set forth In the regulations for, each Avda Subject to Protection Under the Act (check as appropriate): 1V" Public water supply I—/ gStorm damage prevention Private water supply ud Prevention of pollution C� Ground water supply ❑ Land containing shellfish Flood control Fisheries - 1 - 1 baleut'.eorest i'll'- it24L-368 Page. 8 f I li I Haw'lane ' Issued By North AndoveY Conservation Commission ' Signature(s) 1 r, '• This Order must be signed by a majority of the Conservation Commission. On this 1st dayof_ApWil -19, 87 before me " personally appeared Guillermo J. Vicens to me known to be the person described In and who executed the foregoing Instrument and acknowledged that he/she executed the same as his/her free act and deed. %GQdlti My "Conmlissicn Esmres October 2, 1992 Notary Pubil My commission expires The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work Is lo— bedone or any ton residents of the city or town In which such land Is located are hereby notified of their right to request the Department of Environmental Quality Englneedng to Issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department within ton days from the date of Issuance of this Order. A copy of the request shall at the same time be sent by corlifed , mail or hand delivery to the Conservation Commission and the applicant. , —T Detach on dolled line and submit to the North Andover Conservation'Comm. prior to commencement ofwork. To.................. .............................. -, gssuinpAuthority tiI Please be advised that the Order of Conditions for the project at File Number 242-388 _�hasbeenrecordedattheRegistryof and has been noted In the chain of title of the effected property In accordance with general Condition a on , l o_ , II recorded land, the Instrument number which, Identifies this transaction Is If registered land, the document numberv;Och Identifies thls transaollon is Signature Applicant ... `i I Salem Pores,. _11 I Lots 1-5 Hawkins Lane 242-388 Therefore, the NAC" hereby finds it' the following conditions wo necessary, in accordance•with the rerformance Standards sot forth in the re.,,_ Lliong, to protect (hose inter- gists checked above. The NACC orders that all work shall be performed in accordance will) said conditions and with the Notice of Intent referenced above. To the extent that the fof• lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all'concitions stated herein, and with all rolaled statutes and other regulatory meas- ures, shall be deemed cause to revoke or rnodify Ihi;; Order. 2. This Order does not grant any property rights or nny exclusive privileges'. it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permillee or any other person of Ilia necessity or complying with all other applicable feddfal, stale or local statutes, ordinances, by-laws or regulaliohs. 4. The work authorized hereunder shall be completed within three years from the dale of this Order unless eilherof the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the limp, for completion has been extended to a specified date more than three years, but less Thar live years, from the date of Issuance and both that dale and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order finny be exlended by ifo 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 dale of the Order. 6. Any fill used in connection with this project :.hail be clean fill, containing no Irish, refuse rubbish or de- bris, 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, No work shall be undertaken until all administrative appeal periods.fcom.1his Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. 8, 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 tile case of recorded land, the Final Order shall also be noted in file 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 NACC on the form at the end of this Order prior to commencement of ilia work. 9. A sign shall be displayed at the site not less Ih'an two square foot or more than three square feel in size bearing the words, "Massachusetts Department of Environmental Quality Engineering, Filc Number 242— 388 10, Whero Ine Department of Environmental Quality Engineering is requested to make a delerminalion acid to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department, 1 1 . Upon completion of the work described herein, the applicant shall forthwith request in writing that a f.yt Certificate of Compliance be issued stating ihal tho work has been satisfactorily completed. I; 12, The work shall conform to tfie following plans and spacial conditions: `I } Page 3 - j ' ' ORDER OF CONDITIONS Lots 1-5 Hawkins Lane - Salem Forest III DEQE #242-388 S 12. The work shall conform to the following plans and additional conditions: a. Notice of Intent submitted by George H. Farr of. 216 Raleigh Tavern Lane, North Andover, MA., and prepared by Thomas E. Neve Associates, Inc. of Topsfield, Mass.dated January 23, 1987 and re- ceived by the NACC on February 5, 1987. Included with the Notice is a proposed Wetland Replication Plan.Also included is a "Hydrology and Drainage" Report dated November 11, 1986, prepared by IEP, INC. of Northborough, Mass. b. Plan entitled "Definitive Subdivision Plan of Salem Forest III" dated Nov. 26, 1986 and prepared by Thomas E. NEve Assocites. Plan consists of four (4) sheets: #1: Title Sheet #2: Survey -Subdivision, 113: Topography - Utilities - Construction Detail and #4: Profile - Construction Detail. C. Plan entitled "Salem Forest III., Hydrology and Drainage" dated Nov. 26, 1986 and prepared by Thomas E. Neve Associates. d. Plan entitled "Salem Forest III, Common Drive" (Sheet #4 of 5) dated Nov. 26, 1986, revised January 23, 1987 and prepared by Thomas E. NEve Associates. e. Letter to the NACC from Thomas E. Neve Associates re- garding and attached to the Notice of Intent, dated January 23, 1987 and received by the NACC on February 5, 1987. f. Letter to the Planning board from Thomas E. Neve Associates dated March 3, 1987 requesting waivers to regulations regarding road widths and sideslopes. Received by the NACC on March 6, 1987. g. Letter and attached report to the NACC from Thomas E. Neve Associates dated March 9, 1987 and received by the NACC on March 13, 1987. Report was from IEP.olarifying questions raised at the Public Hearing about stormwater flow through the proposed culvert at Boston Brook. 13. The roadway and cul-de-sac plans as presented propose extensive filling and alteration of the buffer zone right up to the very edge of an extensive and major wetland resource area, To minimize the wetland damage which will result from this proposed alteration, the cul.-de-sac Page 4 ORDER OF CONDITIONS LOTS 1-5 Hawkins Lane - Salem Forest III DEQE #242-388 0 13. Continued..... shall be moved twenty feet (20') in a southerly direction away from the edge of the wetland and the roadway width at the station 2+00 to 3+50 constructed to a maximum paved width of eighteen '(18) feet, and shall have clear sh oulders of only four (4) feet on each side so as to contain the tree cutting and construction work in this area to a maximum width of twenty-six (26) feet. 14. The NACC finds that the proposed wetland crossing at Station 2+00 to 3+50 is a limited project since it provides significant traffic circulation for a sizeable area of the Town. Further, most of the wetland resource areas altered by this crossing are not bordering vegetated wetland. As allowed by 310 CMR 10.53 (3) for limited projects, the NACC will require that the wetland replcement area for this limited project be twice the size of the area being altered. 15. Prior to any work on the lot sites, construction of the culvert and roadway across the wetland area shall be completed. 16. Prior to any work on the lot sites, the bank areas associated with the roadway and cul.-de-sac and bordering on the wetland shall be stabilized and protected with erosion control matting, with samples of this material to be submitted to the NACC for review and approval. 17. In advance of any work on this project, the applicant shall notify the NACC, and at the request of the NACC, shall arrange an on -site conference among the NACC, the contractor and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor's written contract. 18. The applicant, or its successors, shall notify the NACC in writing of the identity of the on -site construction supervisor hired'to coordinate construction during the work on the site and to ensure compliance with this Order. 19. Commencing with the issuance of this Order, and continuing through the existence of same, th'e applicant shall submit to the NACC a written progress report every 3 months detailing what.work has been done in or, near resource areas. 20. PRIOR TO ANY CONSTRUCTION ON THE SITE, a single (or double as specified) row of staked hay bales facdd with filter fabric shall be placed between all construction areas and wetland areas as stated in the erosion control procedures in the Notice of Intent. THESE BARRIERS SHALL BE INSPECTED AND APPROVED BY THE NACC PRIOR TO THE START OF CONSTRUCTION. These rows of hay bales with filter fabric shall remain intact until all disturbed areas have been mulched, seeded, and stabilized to prevent erosion. i Page 5 ORDER OF CONDITIONS Lots 1-4 HAWKINS LANE - SALKM FOREST III DEQE #242-388 21. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of fifty (50) hay bales and sufficient stakes for staking these bales. Said bales shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion, as described in the Erosion Control Plan 22. 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 sodding, or by loaming, seeding, and mulch- ing according to Soil Conservation Service standards. If the latter course is chosen, stabilization will be considered once the surface shows complete vegetative cover has been achieved. 23. After proper grading, all disturbed areas located within a resource area, except those areas designated as compensatory wetlands, shall be loamed and seeded with not less than four (4) inches of good quality loam. Before seeding, ground limestone shall, be applied at a rate sufficient to bring the soil test to pH 6.5. In addition, 10-6-4 fertilizer, or its equivalent shall be applied at a rate of fifteen (15) pounds per one thousand (1000) square feet, in accordance with Soil Conservation Service Guidelines. 24. No earthen embankment in the buffer zone shall have a slope steeper than 2:1. 25. All erosion prevention and sedimentationprotection measures found necessary during construction by the NACC will be implemented at the direction of the NACC. 26. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 27. During and after work on this project, there shall be no discharge or .spillage of fuel, oil; or other pollutants into any resource area. 28. Any changes in the submitted plans, Notice of Intent, or resulting from the aforementioned conditions must be submitted 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 and Bylaw 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. 29. Any errors found in the plans or information submitted by the applicant shall be considered as changes, and procedures outlined above for changes shall be followed. j Page 6 ORDER OF CONDITIONS Lots 1-5 Hawkins Lane - Salem Forest III` DEQE #242-388 30. In conjunction with the sale of any lot within a resource area, the applicant shall submit to the NACC a signed statement by the buyer that he is aware of an outstanding Order of Conditions on the develop- ment and has received notice under Condition 1134 below. 31. The NACC shall be notified in writing of any lot line or lot number changes with a copy of a plan showing these changes prior.to any work on these lots. 32. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. 33. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 34. The provisions of the Order shall apply to and be binding upon the applicant, its employees, and all successors and assigns in interest or control. 35. 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 to wetness. 36, A proper bond or a deposit of money or negotiable securities running to the Town of North Andover shall be provided in the amount of $10,000, which shall be in all respects.satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the Treasurer of the Town of North Andover before commencement of work. Said bond' or deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC and Town Counsel, and shall be released after completion of the project, provided that provision, satisfactory to the NACC, has been made for performance of any conditions which are of a continuing nature. The applicant may propose a bond release schedule keyed to completion of specific portions of the project for NACC's review and approval. This condition is issued under the authority of the Town Bylaw. 37. All construction work shall conform to the Erosion Control Plan and Construction Sequence/Schedule noted above in Conditions Nos. 15, 16 and 20. 38. In addition to the requirements of Condition No. 11, the applicant shall submit a letter to the NACC from a registered professional, 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 wetland resource area. b. "As -Built" elevations and grades of all filled or altered wetland resource areas. c. Distances to all structures and alterations within 100 feet of any wetland resource area. Page 7 ORDER OF CONDITIONS Lots 1-5 - Hawleins Lane - Salem forest III DEQE0242-1388 38 (Continued).... An "As -Built" topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and Bylaw shall be submitted when a Certificate of Compliance is requested. 39. The utilities for any of the houses in this subdivision shall not be constructed so as to pass under or through any wetland areas on the site except as shown on the plans referenced in Conditions No. 12(b). 40. All effluent catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of the Order, even after. a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. 41.. No underground storage of fuel oils shall be allowed on any lot within this development. This Condition shall survive this Order of Conditions, and shall run with the title of the,property. 42. fertilizers utilized for landscaping and lawn care shall be of the low nitrogen content variety, and shall be used in moderation. Pesticides and herbicides shall not be used on any lot in the subdivision within one hundred (100) feet of wetland resource area. tt tt+i-t t-1-