HomeMy WebLinkAboutTDJ DEV CORP PLAINTIFF'S ATTORNEY: Please Circle Type of Action Involved:—TORT— MOTOR VEHICLE TORT—
CONTRACT—EQUITABLE RELIEF— THER.
COMMONWEALTH OF MASSACHUSETTS
o ESSEX, ss. SUPERIOR COURT
g CIVIL ACTION
a No. 92-3212
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T.12_J--,DevslaPJ=t...CArR.PrAtia#...................:..................... . Plaintiff(s)
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s George Reich, et al as they are the members of the
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• r Town of North Andovern
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y •o SUMMONS "�ie �" �
_ To the above named Defendant: Clerk, Town of North Andover
oYou are hereby summoned and required to serve upon -----------------------------,
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plaintiff's attorney,whose address is ..................... . an answer to the
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0 b complaint which is herewith served upon you,Within 20 days after service of this summons upon you,exclusive of the
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cday of service. If you fail to do so,judgment by default will betaken against you for the relief demanded in the
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complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at
N .54§0&........ ....................... either before service upon plaintiff's attorney or within a reasonable time thereafter.
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Unless otherwise provided by Rule 13(a),your answer must state as a counterclaim any claim which you may
3 have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's
c claim or you will thereafter be barred from making such claim in any other action.
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r 7 WITNESS,Robert L Steadman, Esquire,at Salem, the Eighteenth
f ° day of November ,in the year of our Lord one thousand
A TRUE COPY ATTEST nine hundred and ninety-two
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Clerk
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1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Ctvil Procedure.
2- When more than one defendant is involved,the namm of all defendants should appear in the caption. If a separate summons is used for each
defendant,each should be addressed to the particular defendant.
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PROOF OF SERVICE OF PROCESS *•
Ihereby certify and return that on ................................................................ , 199 , I served a copy of
the within summons,+together with a copy of the complaint in this action, upon the within-named
defendant, in the following manner(See Mass. R. Civ. P. 4(d)(1-5):
and Tracking Order
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Dated: ' 199 •--•---•---•--•.......................................•--------••...........-----
N.B. TO PROCESS SERVER:—
PLEASE
ERVER:PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN
THIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT.
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COUN'"%%- FOR PLFF M51 r,
ORCZMxMs
ESSEX SUPERIOR COURT
Trial Court of Massachusetts
CIVIC ACTION COVER SHEET SUPERIOR COURT DEPARTMENT
Essex Divisions Z Z
PLAINTIFF(S) DEFENDANT(S)
T.D.J. Development Corporation George Reich, et al as they are the members
ATTORNEY(S) FIRM NAME,ADDRESS AND TEL. of the Xnrth -AnAn MATTORNEY(S)(if known)an a own O Ort n over
Mark B.. Johnson 1508) 475-4488
Law Office of Mark B. Johnson
12 Chestnut Street, Andover, MA 01810
Board of Bar Overseers # (Required) 252760
ORIGIN CODE AND TRACK DESIGNATION
Place an ® in one box only:
1. F01 Original Complaint ❑ 4. F04 District Ct. Appeal c231, s. 97 (X)
❑ 2. F02 Removal to Sup. Ct. c231, S. 104 (F) ❑ 5. F05 Reactivated after Rescript; Relief from
❑ 3. F03 Retransfer to Sup. Ct. c231, s. 102C (X) judgment/order (Mass. R Civ. P. 60 (X)
❑ 6. E10 Summary process appeal (X)
TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side)
CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE?
E99 Certiorari MGL n 249 gar 4 and ( X) ❑ Yes ❑ No
Declaratory Judgment
1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions)
This action is a complaint in the nature of certiorari pursuant to MGL c 249,
section 4, and for Declaratory Judgment based on Defendants' actions affecting
real estate owned by Plaintiff.
2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE S) STATE, WITH PARTICULARITY,
MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY
WOULD EXCEED $25,000: N/A
3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING
IN THE SUPERIOR COURT DEPARTMENT, None
SIGNATURO OF ATTORNEY OF RECORD OR PLAINTIFF DATE
Mark B. Johnson for Plaintiff 11/12/92
OFFICE USE ONLY - 00 NOT
DISPOSITION RECEIVED
A. Judgment Entered B. No Judgment Entered'
❑ 1. Before jury trial or non jury hearing ❑ 6.Transferred to District DATE
2. During jury trial or non-jury hearing Court under G.L. c.231, DISPOSITION ENTERED
3. After jury verdict s 1020,
4. After court finding Disposition Date BY:
❑ 5. After post trial motion DATE:
OCA.I&r me 0%-6M
CLERK MAGISTRATE'S COPY
COMMONWEALTH OF MASSACHUSETTS
Essex, ss SUPERIOR COURT DEPARTMENT
j
CIVIL ACTION NO: Q 2 _3 Z
T.D.J. DEVELOPMENT CORPORATION,
Plaintiff
VS.
GEORGE REICH, ALLISON BREWSTER,
RICHARD MILLIARD, PAUL TARIOT,
ROBERT MANSOUR, KEVIN FOLEY
and ALBERT MANZI, JR.
as they are members of the
Conservation Commission of
the Town of North Andover, and
the TOWN OF NORTH ANDOVER,
Defendants
COMPLAINT NATURE OF CERTIORARI PURSUANT-TO
MASSACHUSETTS GENES LAWS CHAPTER 249 SECTION 4
AND DECLARATORY JUDGMENT
PARTIES
1. The Plaintiff, T.D.J. Development Corporation,
(hereinafter referred to as "TDJ") , is a duly organized
Massachusetts Corporation with a principal place of
business at 40 Lowell Road, Salem, New Hampshire 03079.
2 . The Defendant George Reich is an adult individual who
resides at 284 Salem Street, North Andover,
Massachusetts and is a member of the North Andover
Conservation Commission (hereinafter referred to as
"NACC") .
3 . Allison Brewster is an adult individual who resides at
1005 Forest Street, North Andover, Massachusetts and is
a member of the NACC.
4. Richard Milliard is an adult individual who resides at
195 Barker Street, North Andover, Massachusetts and is
a member of the NACC.
5. Paul Tariot is an adult individual who resides at 46
Osgood Street, North Andover, Massachusetts and is a
�I
member of the NACC.
i
6. Kevin Foley is an adult individual who resides at 52
Hewitt Avenue, North Andover, Massachusetts and is a
member of the NACC.
7. Robert Mansour is an adult individual who resides at
1001 Johnson Street, North Andover, Massachusetts and
is a member of the NACC.
1
i
8 Albert Manzi, Jr. is an adult individual who resides at
72 Foster Street, North Andover, Ma.
9. The Town of North Andover is a municipal corporation in
the Commonwealth of Massachusetts established in April
1855 and having a place of business on MainStreet,
North Andover, Massachusetts
i
JURISDICTION
10. This Court has jurisdiction to review by Certiorari the
decision of the NACC Order of Conditions issued
pursuant to Town By Law and pursuant to Massachusetts
General Laws, Chapter 249, Section 4.
11. TDJ has sought a superseding Order of Conditions with
the Department of Environmental Protection based upon
the Order of Conditions: issued by the NACC.
FACTS
12 . TDJ submitted a Notice of Intent to the NACC for seven
lots within a subdivision known as Campbell Forest
pursuant to 310 CMR 10.53 (3) (e) and Town Bylaw, Chapter
178.
13 . TDJ submitted a Notice of Intent to the NACC for "Lot 2
Joanne Drive" within a proposed subdivision known as
Campbell Forest pursuant to 310 CMR 10. 53 (3) (e) .
14. Following hearing, the NACC issued on October 71 1992 ,
the "Lot 2 Joanne Drive Order of Conditions Pursuant to
Massachusetts Wetlands Protection Act G. L. c. 131, sec
4o and under the Town of North Andover's Bylaw Chapter
178" . (A copy of the Order of Conditions is annexed
hereto and marked EXHIBIT "1") .
15. The Order of Conditions contains 37 numbered paragraphs
describing conditions imposed by the NACC.
16 . This Complaint in the Nature of Certiorari, seeks
review of the decision of the followings conditions set
forth in the Order of Conditions: conditions numbered
19, 22, 29, 32.
17 . TDJ submitted a Notice of Intent to the NACC for "Lot
17 Joanne Drive" within a proposed subdivision known as
Campbell Forest pursuant to 310 CMR 10.53 (3) (e) .
18. Fallowing hearing, the NACC issued on October 6,_ 1992 ,
the "Lot 17 Joanne Drive Order of Conditions Pursuant
to Massachusetts Wetlands Protection Act G. L. c. 131,
sec 40 and under, the Town of North Andover's Bylaw
Chapter 178" . (A copy of the Order of Conditions is
annexed hereto and marked EXHIBIT 11219)
2
A
' 19. The Order of Conditions contains 41 numbered paragraph$
describing conditions imposed by the NACC.
20. This Complaint in the Nature of Certiorari, seeks
review of the decision of the followings conditions set
forth in the Order of Conditions: conditions numbered
23, 26, 33, 36.
21. TDJ submitted a Notice of Intent to the NACC for "Lot
10 Joanne Drive" within a proposed subdivision known as
Campbell Forest pursuant to 310 CMR 10.53 (3) (e) .
22. Following hearing, the NACC issued on October 6, 1992 ,
the "Lot 10 Joanne Drive Order of Conditions Pursuant
to Massachusetts Wetlands Protection Act G. L. c. 131,
sec 40 and under the Town of North Andover's Bylaw
Chapter 1781f. (A copy of the Order of Conditions is
annexed hereto and marked EXHIBIT 11310) .
23 . The Order of Conditions contains 40 numbered paragraphs
describing conditions imposed by the NACC.
24. This Complaint in the Nature of Certiorari, seeks
review of the decision of the followings conditions set
forth in the order of Conditions: conditions numbered
20, 23, 30, 33.
25. TDJ submitted a Notice of Intent to the NACC for "Lot 5
Joanne Drive" within a proposed subdivision known as
Campbell Forest pursuant to 310 CMR 10.53 (3) (e) .
26. Following hearing, the NACC issued on October 6, 1992,
6he "Lot 5 Joanne Drive Order of Conditions Pursuant to
Massachusetts Wetlands Protection Act G. L. c. 131, sec
40 and under the Town of North Andover's Bylaw Chapter
178". (A copy of the Order of Conditions is annexed
hereto and marked EXHIBIT 11411) .
27 . The Order of Conditions contains 40 numbered paragraphs
describing conditions imposed by the NACC.
28 . This Complaint in the Nature of Certiorari, seeks
review of the decision of the followings conditions set
forth in the order of Conditions: conditions numbered
22, 25, 32, 35.
29. TDJ submitted a Notice of Intent to the NACC for "Lot
21 Joanne Drive" within a proposed subdivision known as
Campbell Forest pursuant to 310 CMR 10.53 (3) (e) .
30. Following hearing, the NACC issued on October 10, 1992,
the "Lot 21 Joanne Drive Order of Conditions Pursuant
to Massachusetts Wetlands Protection Act G. L. c. 131,
sec 40 and under the Town of North Andover's Bylaw
Chapter 178". (A copy of the Order of Conditions is
annexed hereto and marked EXHIBIT "5") .
3
r31. The Order of Conditions contains 37 numbered paragraphs
describing conditions imposed by the NACC.
32 . This Complaint in the Nature of Certiorari, seeks
review of the decision of the followings conditions set
forth in the Order of Conditions: conditions numbered
19, 221 29, 32.
33. TDJ submitted a Notice of Intent to the NACC for "Lot
21 Joanne Drive" within 'a proposed subdivision known as
Campbell Forest pursuant to 310 CMR 10. 53 (3) (e) .
34. Following hearing, the NACC issued on October 6, 1992,
the "Lot 4 Joanne Drive Order of Conditions Pursuant to
Massachusetts Wetlands Protection Act G. L. c. 131, sec
40 and under the Town of North Andover's Bylaw Chapter
178". (A copy of the Order of Conditions is annexed
hereto and marked EXHIBIT 91611) .
35. The Order of Conditions contains 39 numbered paragraphs
describing conditions imposed by the NACC.
36. This Complaint in the Nature of Certiorari, seeks
review of the decision of the followings conditions set
forth in the Order of Conditions: conditions numbered
13 , 221 25, 31, 34 .
37. ', TDJ submitted a Notice of Intent to the NACC for "Lot 9
. Joanne Drive" within a proposed subdivision known as
Campbell Forest pursuant to 310 CMR 10.53 (3) (e) .
38. ' Following hearing, the NACC issued on October 10, 1992,
the "Lot 9 Joanne Drive Order of Conditions Pursuant to
Massachusetts Wetlands Protection Act G. L. c. 131, sec
40 and under the Town of North Andover 's Bylaw Chapter
17800 . (A copy of the Order of Conditions is annexed
hereto and marked EXHIBIT 11711) .
39. The Order of Conditions contains 38 numbered paragraphs
describing conditions imposed by the NACC.
40. This Complaint in the Nature of Certiorari, seeks
review of the decision of the followings conditions set
forth in the Order of Conditions: conditions numbered
131 20, 23, 30, 33,
41. TDJ submitted a Notice of Intent to the NACC for "Lot
27 Joanne Drive" within a proposed subdivision known as
Campbell Forest pursuant to 310 CMR 10. 53 (3) (e) .
42. Following hearing, the NACC issued on October 10, 1992 ,
the "Lot 27 Donna Drive order of Conditions Pursuant to
Massachusetts Wetlands Protection Act G. L. c. 131, sec
40 and under the Town of North Andover's Bylaw Chapter
178" . (A copy of the Order of Conditions is annexed
hereto and marked EXHIBIT 11811) .
4
Y43 . The Order of Conditions contains 38 numbered paragraphs
describing conditions imposed by the NACC.
44 . This Complaint in the Nature of Certiorari, seeks
review of the decision of the followings conditions set
forth in the Order of Conditions: conditions numbered
13 , 21, 24, 31, 34 .
ACTION BEYOND JURISDICTION ERRORS OF LAW
AND DECLARATORY JUDGMENT
(lots 21 17, 10, 51 21 Joanne Drive)
45. The Plaintiff hereby restates, realleges and
incorporates by reference paragraphs 1-15 of the within
Complaint as fully and completely as though restated in
their entirety herein.
46. The decision of the NACC for Lots 21 17, 10, 5 and 21
Joenne Drive exceeded its jurisdiction pursuant to
Massachusetts General Laws, Chapter 40 and the Town of
North Andover By-law.
47 . The following conditions are common to all 5 Orders of
Conditions:
A. wetland flagging shall be checked prior to start
of construction and shall be re-established where
missing so the erosion control measures can be
properly placed and wetland impacts can be
monitored. (Condition 19-Lot 2; Condition 20-Lot
10; Condition 23-Lot 17;Condition 22-Lot 5;
Condition 19-Lot 21) .
B. A proper bond or deposit of money running to the
Town of North Andover shall be provided in the
amount of $3000 which shall be in all respects
satisfactory to Town Counsel, Town Treasurer, and
the NACC, and shall be posted with the North
Andover Town Treasurer 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 continuing nature. The applicant may
, propose a bond release schedule keyed to
completion of specific portions of the project for
the NACC's review and approval. This condition is
issued under the authority of the local By-law.
, (Condition 22-Lot 2; Condition 23-Lot 10;
i6ondition 26-Lot 17; Condition 25-Lot 5; Condition
li
'22-Lot 21) .
5
C. All waste generated by, or associated with, the
construction activity shall be contained within
the construction area, and away from any wetland
resource area. There shall be no burying of spent
construction materials or disposal of waste on the
site by any other means. The applicant shall
maintain dumpsters (or other suitable means) at
the; site for the storage and removal of such spent
construction materials off-site. (Condition 29-
Lot 2 ; Condition 30-Lot 10; Condition 33-Lot 17;
Condition 32-Lot 5; Condition 29-Lot 21) .
D. During and after work on this project, there shall
be no discharge or spillage of fuel, or other
pollutants into any wetland resource area. If
there is a spill or .discharge of any pollutant
during any phase of construction the NACC shall be
notified by the applicant as soon as practical.
No construction vehicles are to be stored within
100 feet of wetland resource areas, and no
vehicles refueling, equipment lubrication or
maintenance is to be done within 100 feet of a
resource area. (Condition 32-Lot 2 ; Condition 33-
Lot 10; Condition 36-Lot 17; Condition 35-Lot 5;
Condition 32-Lot 21) .
Lots 9 and 4 Joanne Drive and Lot 27 Donna Drive
48. The decision of the NACC for Lots 9 and 4 Joanne Drive
and Lot 27 Donna Drive exceeded its jurisdiction
pursuant to Massachusetts General Laws, Chapter 40 and
the Town of North Andover By-law.
49. The following conditions are common to all 3 Orders of
Conditions:
A. The NACC finds that the intensive use of the
upland areas and buffer zone proposed on this site
to construct a dwelling and appurtenances will
cause further alteration of the wetland resource
areas. In order to prevent any alteration of
wetland resource areas beyond those proposed in
the Notice of Intent and approved herein, a 25'
no-disturbance zone and a 501 no-construction zone
shall be established from the edge of the adjacent
wetlands. No disturbance of existing grade, soils
or vegetation is permitted. in the no-disturbance
zone (see appendix 5 of the local regulations) .
This condition is in effect despite the plans
which indicate a 20' no-disturbance zone.
(Condition 13 -Lot 4; Condition 13 -Lot 9;
Condition 13 Lot 27) .
B. Wetland flagging shall be checked prior to the
start of construction and shall be re-established
where missing so that erosion control measures can
be properly placed and wetland impacts can be
6
z monitored. (Condition 22-Lot 4; Condition 20 -Lot
9; Condition 21- Lot 27) .
C. A proper bond or deposit of money running to the
Town of North Andover shall be provided in the
amount of $3000 which shall be in all respects
satisfactory to Town Counsel, Town Treasurer, and
the NACC, and shall be posted with the North
Andover Town Treasurer 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 continuing nature. The applicant may
propose a bond release schedule keyed to
completion of specific portions of the project for
the NACC's review and approval. This condition is
issued under the authority of the local By-law.
(Condition 25-Lot 4 ; Condition 23 -Lot 9;
Condition 24- Lot 27) .
D. All waste generated by, or associated with, the
construction activity shall be contained within
the construction area, and away from any wetland
resource area. There shall be no burying of spent
construction materials or disposal of waste on the
site by any other means. The applicant shall
maintain dumpsters (or other suitable means) at
the site for the storage and removal of such spent
construction materials off-site. (Condition 31 -
Lot 4; Condition 30 -Lot 9; Condition 31- Lot
27) .
E. During and after work on this project, there shall
be no discharge or spillage of fuel, or other
pollutants into any wetland resource area. If
there is a spill or discharge of any pollutant
during any phase of construction the NACC shall be
notified by the applicant as soon as practical.
No construction vehicles are to be stored within
100 feet of wetland resource areas, and no
vehicles refueling, equipment lubrication or
maintenance is to be done within 100 feet of a
resource area. (Condition 34 -Lot 4; Condition 33-
Lot 9; Condition 34- Lot 27) .
50 TDJ submitted ample credible evidence that activity
proposed in the notice of intent will not cause
significant harm to any wetland resource areas or any
j
area which the Defendants may lawfully protect.
51. The Conditions imposed by the Conservation Commission
are exceed the authority of the Conservation Commission
7
and the Commission has committed an error of law in
that the. Conditions:
(a) are based upon a by-law which has not been
lawfully adopted by the Town;
(b) are based upon regulations which exceed the
authority of the Conservation Commission to adopt;
(c) impose conditions which are not within the
jurisdiction of the Conservation;
" (d) seek to regulate activities which are not within
the jurisdiction of the Conservation Commission;
(e) are arbitrary, not based upon credible evidence
and are illegal;
WHEREFORE, TDJ respectfully requests that this Honorable
Court enter the following:
1. That the appropriate process issue by the Court
requiring the Defendants to Certify fully, within
a time specified by the Court, the record and/or
proceedings of the Conservation Commission
relative to the Plaintiffs applications.
2. The Court enter judgment that the NACC and the
Town of North Andover have exceeded their
Jurisdiction by including the conditions set forth
in paragraphs 47 A, Be C, D and 49 A, Be Cr D. and
E in the Order of Conditions which are the
subjects of this action.
3 . The Court enter judgment that the NACC and the
Town of North Andover have committed errors of law
by including the conditions set forth in
paragraphs 47 A, Be C, D and 49 A, Be C, D, and E
in the Order of Conditions which are the subjects
of this action.
4 . The Court enter a judgment annulling the
conditions which are the subject of this
Complaint.
5. The Court enter a judgment that the decision of
the NACC which places conditions upon the
applicant where there was no substantial evidence
than wetland areas would be adversely affected is
bayond the jurisdiction of the NACC.
6. The Court enter a judgment that the decision of
the NACC which places conditions upon the
applicant where there was no evidence that
wetlands areas would suffer significant adverse
effects constitutes an error of law.
8
7 . Enter judgment that TDJ submitted ample credible
evidence that activity proposed in the notice of
intent will not cause significant harm to any
wetland resource areas.
8. Enter judgment directing the NACC toissuethe
Order of Conditions, deleting the subject
conditions.
11. The Court enter such other and further relief as
the Court deems just.
COUNT II
DECLARATORY JUDGMENT
52. ' Plaintiff restates and realleges and hereby
incorporates by reference paragraphs 1 through 51 of
the within Complaint as fully and completely as though
restated in their entirety herein.
53 . The NACC established the Order of Conditions for the
applicants property based upon its Conservation By law
and Regulations allegedly promulgated thereunder.
54. A dispute has arisen as to whether the Conservation
Commission has the authority to issue the conditions
set forth above.
55. A dispute has arisen as to whether the Conservation
Commission has the authority to issue the regulations
which the conditions are based upon..
56. A dispute has arisen as to whether the Conservation By
Law is more stringent than Wetlands Protection Acta
57 . There is a dispute between the parties as to whether
the NACC has the legal authority to enact the
Conditions set forth in the Order of Conditions and set
forth above.
WHEREFORE, TDJ respectfully requests that this
Honorable Court enter the following:
1. The Court enter Declaratory Judgment establishing
that the NACC does not have authority or
jurisdiction to issue the conditions at issue in
his action.
2. The Court enter Declaratory Judgment establishing
that the NACC does not have authority or
Jurisdiction to impose the Conditions based upon
the Conservation By Law as said by -law was not
lawfully enacted.
3 . The Court enter Declaratory Judgment establishing
that the NACC does not have authority or
Jurisdiction to impose the Conditions based upon
9
the Conservation Regulations as said regulations
go beyond the scope of the bylaws or the authority
of the Conservation Commission and are therefore
illegal and void.
4. Enter judgment that the Conservation By-Law is of
no effect as it is not more stringent than the
Wetlands Protection Act.
5. Such other and further relief as the Court deems
just.
T.D.J. Development Corp.
by its attorney,
B. JbhAson
X12 Chestnut Street
4Andover, Ma. 01810
508 475-4488
B.B.O. #252760
liticg/tdjdevel/compll-7
10
. t( EXHIBIT
310 CMR 10.99
Form 5 arT q I I rn tai '3L
Y
x.19 oEPc�.nw 242-612
y
(TO to aware a OEPI
r Commonwealth "jo..e North Andover
�'' •Q of Massacnusetts
Acow-ant TDJ Deyelonmpnr rprp
Lot 2 Joanne Drive
Order of Conditions
Massachusetts Wetlands Protection Act
G.L C. 131 , §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From OORTH ANDOVER CONSERVATION COMMISS70N
.;
To. TDJ Development, enrn Same
(Name of Applicant) (Mame of property owner!
40 Lowell Road
Address Salem, N.H. ()I()7o Address
This Order is issued and delivered as fouows:
❑ by hand delivery to a0tilicani or representative on (date)
by certified mail.return receipt repuested on J6415 fj�PLI �� (easel
This project is located at Lot 2 .toanne ttri arp
The property is recorded at the Registryof Deeds. North
Book 1350 pa9e_ bw
Cerulicate fit recistered)
The Nonce of Invent for thts oroleci was filed on August 18 1992 (cmel
o
The oublic nearing was closed on September 16. 1992 (date)
Findings
The NACC.
has reviewed the above-referenceC Notice of
Intent ane clans anc nas nerd a auafie neannr,on me=feet.Based on the+niormation avaAwle to the
I NACC
at this time.the NArP has determined that
the area on wnten the proposed work is to be done is significant to the tollowu+g i nterssts in ac=rcance with
Me Prestrrntions of Significance set torte in the r;uia=ns for exam Area Subject to Prote_aon Under,the
Act to teek as aaaropnatel: Ch.178 Q prevention of erosion and sedimentation
❑ Pubi;z water sudaly Flood control L7 land cor=ning shellfish
M Private water sucoly Storm damage prevention ❑ `Fisneries
12 [round water supply Prevention of pollution Protection of wildlife habitat
Ch. 178 Wildlife Clh• .-� Recreation
Total Filing Fee Submmed State bare yLS Z
City,"fown Share 46137.50 rl_ fee in excess cf 525)
Total Refund Cue S Cityfrown Portion 5 State Portion S
('k totes)
cine^.:ve 'iItOJE� _•;
1
#24x-612 Lot 2 Joanne Drive 2
Therefore, the North Andover Conservation Commission (hereafter-
the "1tACC") hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to
protect those interests noted above. The NACC orders that all
work
shall be
ed
Perform in accordance with said conditions and
with the Notice of Intent referenced above. To the extent that
the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GEMMAL 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
private property or invasion of private rights.
3 . This Order does not relieve the permittee or any other person
of the necessity of complying with all other applicable federal,
state or local statutes, ordinances, by-laws or regulations.
4 . The work authorized hereunder shall be completed within three
years from the date of this Order. .
5. This order may be extended by the issuing authority for one
or more periods of up to one year each upon application to the
issuing authority at least 30 days prior to the expiration date
of the Order.
6. Where the Department of Environmental Protection is requested
to make a determination and to issue a Superseding Order, the
Conservation Commission shall be a party to all agency
proceedings and hearings before the Department.
7 . The proposed work includes dwelling and appurtenances.
8 . The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required) :
(a) Notice of Intent filed by TW Development Corp.
(b) Plans prepared by Andover Consultants.
9. The following wetland resource areas are affected by the
proposed work: buffer zone and bordering land subject to
flooding. These resource areas are significant to the interests
of the Act and Town Bylaw as noted above. These resource areas
are also significant to the recreational and wildlife interests
of the Bylaw. The applicant has not attempted to overcome the
i
#244-612 Lot 2 Joanne Drive 3
presumption of significance of these resource areas to the
identified interests.
10. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
8/10/-92, revised 9/16/92.
92.
11. ;Issuance of these Conditions does not in any way imply or
ce if that�} y at the site or downstream eam areas will not be subject
flooding or storm damage. 7 ct to
12., The conditions of this decision shall apply to, and be
binding upon, the applicant, owner, its employees and all
successors and assigns in interest or control.
PRIOR TO CONSTRUCTION
13. No work shall be undertaken until all administrative appeal
peri1ods from this Order have elapsed or, if such an appeal has
been filed, until all proceedings before the Department or Court
have been completed.
14. This Order shall be recorded by the applicant at the
Registry of Deeds immediately after the expiration of all appeal
periods. No work shall be undertaken until the Final Order has
been recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the
Fi,natl Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed
world is to be done. In the case of registered land, the Final
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this
Order prior to commencement of the work.
15. A sign shall be displayed at the site not less than two
square feet or more than three square feet in size bearing the
words, "Massachusetts Department of Environmental Protection,
File Number 242-61211.
16. Any changes in the submitted plans caused by the applicant,
another Board's decision or resulting from this Order of
Conditions must be submitted to the
NACC for approval prior to
implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at
the expense of the applicant) . Within 21 days of the close of
said public hearing the NACC will issue an amended or new Order
of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The
. t
#242+-612 Lot 2 Joanne Drive 4
proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a
revised plan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to the start
of construction. No work shall begin on
g a project until written
approval has been granted by the NACC.
17. The applicant shall contact the Conservation Office prior to
site; preparation or construction and shall arrange an on-site
conference with an NACC representative, the contractor 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. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
ensure compliance with this Order.
18. The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
19.' ' Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
erosion control measures can be properly placed and wetland
impacts can be monitored.
20. A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed as
indicated on plan and shall be inspected and approved by the NACC
prior to the start of construction and shall remain intact until
all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection
measures found necessary during construction shall be implemented
at the direction of the NACC.
21. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of twenty-five
(25) hay bales and sufficient stakes for staking these bales (or
an equivalent amount of silt fence) . Said bales shall be used
only for the control of emergency erosion problems, and shall not
be used for the normal control of erosion.
22. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $3, 000.00 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer 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
r
#242-612 Lot 2 Joanne Drive 5
afterlcompletion of the project, provided that provision,
satisfactory to the NACC, has been made for performance of any
conditions which are of continuing nature. The applicant may
propose a bond release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local Bylaw.
DURING CONSTRUCTION
23. Upon beginning work, the applicant shall submit written
progress reports every one (1) month detailing what work has been
done in or near resource areas, and what work is anticipated to
be done over the next period. This will update, the construction
sequence.
24 . Any fill used in connection with this project shall be clean
fill, � containing no trash, refuse rubbish or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
partslof any of the foregoing.
25. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
26. No regrading in the buffer zone shall have a slope steeper
than 2:1 (horizontal:vertical) . Slopes of steeper grade shall be
rips-r4pped to provide permanent stabilization.
27. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
I
28. Washings from concrete trucks, or surplus concrete, shall not
be di ected to, any drainage system or wetland resource area.
29. All waste generated by, or associated with, the construction
activity shall be contained within the construction area, and
away from any wetland resource area. There shall be no burying
of spent construction materials or' disposal of waste on the site
by any other means. The applicant shall maintain dumpsters (or
other suitable means) at the site for the storage and removal of
such spent construction materials off-site:
30. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
31. Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
1242612 Lot 2 Joanne Drive 6
32.; _Dj ring and after work on this project, there shall be no
dischlarge or spillage of fuel, or other pollutants into
Any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be
notified by the applicant as soon as practical. No construction
vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
=CONSTRUCTION
33. No underground storage of fuel oils shall be allowed on any
lot within one-hundred (100) feet of. any wetland resource area.
ThislCondition shall survive this order of Conditions, and shall
run with the title of the property. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
34 . Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 ,feet of a wetland resource area. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
35. Upon completion of construction and grading, all disturbed
areas located outside resource areas shall be stabilized
permanently against erosion. This shall be done by loaming and
seeding according to SCS standards. If the latter course is
chosen, stabilization will be considered complete once vegetative
cover has been achieved.
36. Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professional Civil Engineer
certifying compliance with this Order of Conditions and the
approved plans referenced herein (or approved revisions) . A
stamped "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. This
plan will include:
a. Distances from structures to wetlands.
b. Aline showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
37. The following special conditions shall survive the issuance
of a tertificate of Compliance for this project:
32 . Discharge or spillage of pollutants.
33 . Prohibition of storage of fuels underground.
34. Limitations on the use of fertilizers herbicides
and pesticides.
4
issued By Conservation Commission
Signaturepsl
5 �
This Or r mlpst be signed by a majority of the Conservation Commission.
On this ! �h day of D 19, before me
perscnafly 2daeared 6 GE A:* ff to me known to be the
perscr.desctlbee in and who executed the foregoing instrument and acknowledged that he.she executed
the same as his/her free act and need.
Wit , - m�- 9, ig
otary Public ZM.15T L. EJqfW My commission expires
The aooncant.:fie owner any person aggrieved by this Order,any owner of larfd aCulrmQ the land upon which the 910003ed work is to be
oono.or any Von Aesicents of the City or town in which such land is located.aro herby noldied of their right to feduest pre De0atlmfrft of -
Environmental Prjoteetfon to issue a superseding order,pfofrfdfng the recuest is made by CoMiw mail or nand oekvery to the DeoaMoMt.
with the aoproenitte filing fee and Fee Transmittal Form as pied in 310 CMR 10.03M,within on days from the meat issuance of this r
Determination,A!copy of the request shalt at the same time a sent by celntied marl or nand co wery to the Conservation Commission
and the appucanl.
Detach an dotted line and submit to the North Andover Ce_ stet{on Cava prior w commencement of work.
:c
N :asum,Autnor:y
Please beadwseo trial the order of Conditions for the project at Lot..,.2 Joanne Dri-ug -
-•a
242-612 ^as peen reduced at'nt:Pagisry o' North Faoev -arc
nas been ngteo in Ire z afn of title of:he anefaec property in accoroance wan General Conwtion a on t 9
H reczrceo land. the mstrurneni number wnicri fdenahes pus ransae20n is
I!re-aislere¢fang.Ine cccunfent number wnicn wentibts this nwsacuon is
S:a-zr_
j•4A
l .
EXHIBIT
310 CMR 10.99
Form 5 OPPrAsAw 242-617 r�
(leve WOWew er OEM
.� !Commonwealth e,ty.ro North Ando�•ar
{-• - of Massachusetts � ,n TDJ DevelonmPnt r.,,.p.
Lot 17 Joanne Drive
Order of Conditions
Massachusetts Wetlands Protection Act
C.L.C. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From NORTH ANDOVER rnNsERyATTnN Comm7geinm
To TDJ Development Corp. Same
(Name of Applicant) (Name of=party ownerl
40 Lowell Road
Address ..SaLm. H V 113979 Address
This Order it issued and delivered as follows:
❑ by hand delivery to acaficant or representative on (date)
0 by certified mail. return receipt recuested on Id-to/ -9� � 471�b (cale)
This arojeCtisfccatedat Lot, 17 tnanna TIV4"e --
The property is recorded at the Registry of no,At; u os ,yseete
Book 1350 Page 673
Certificate(it registered!
The Notice of Intent for thus orolect was filed on August t A_ t o47 (date)
The oubhc nearing was closed on -__ September 3, 1992 (date!
Findings
The NACC has reviewed the above-referenced Notice of
Intent ahs=tans and n2s nese a vualic hearing an the".10tect. Based on the information avadabte td the
NASC at this tame.thr NArr has determined that
the area on wntcn the proposed worts is to be done is significant to the tollowatg interests to ac:a"Mce wtin
the Artosurrottons of Significance set forth in me ret uta.tons for earn Area SubleCt to Prote=on under the
Act(wteclt as avoroomtel: Ch.178 19 prevention of erosion and sedimentation
Pubic water suoaiy Ur Flood control ❑ Land containing shellrrsh
private water suppty Storm damage orevemion Cl F4sneries
Ground-water suovfy Prevention of pollunon lr Protecton of wildlife habitat
M. 178 � Wildlife N•1.71M Recreation
T%atMi ng Fee Su=mmed � �L� �� - state..ham
Cltyfl'own Share $117. 5n V/_6 tee in excess c:S2M
Total Refund Due S CityfTown Parson S -- State Pormtm S �..
(`h totat) ('Pt total)
f242-617 Lot 17 Joanne Drive - Campbell forest 2
Therefore, the North Andover Conservation Commission (hereafter
the "NACC") hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to
protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and
with the Notice of Intent referenced above. To the extent that
the 'following conditions modify or differ from the plans,
specFifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GEN9RAL 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
private property or invasion of private rights.
3 . This order does not relieve the permittee or any other person
of the necessity of complying with all other applicable federal,
state or local statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three
years from the date of this Order.
5. This order may be extended by the issuing authority for one
or more periods of up to one year each upon application to the
issuing authority at least 30 days prior to the expiration date
of ,the Order.
6. Where the Department of Environmental Protection is requested
to make a determination and to issue a Superseding Order, the
Conservation Commission shall be a party to all agency
proceedings and hearings before the Department.
7. The proposed work includes construction of dwelling and
appurtenance except the wetland crossing which is part of 242-564
(Campbell Forest) .
8. The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required) :
(a) Notice of Intent filed by TDJ Development
(b) Plans prepared by Andover Consultants, dated August 10, 1992,
Received August 18, 1992
9. The following wetland resource area is affected by the
proposed work: buffer zone, bordering land subject to flooding.
These resource areas are significant to the interests of the Act
�I
J242`617 Lot 17 Joanne Drive - Campbell forest 3
and Town Bylaw as noted above. These resource areas are also
significant to the recreational and wildlife interests of the
Bylaw. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the
identified interests.
10. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
August 10, 1992.
11. ;Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage.
12 . The conditions of this decision shall apply to, and be
binding upon, the applicant, owner, its employees and all
successors and assigns in interest or control.
13. The NACC finds that the intensive use of the upland areas
and; buffer zone proposed on this site to construct a dwelling and
appurtenance will cause further alteration of the wetland
resource areas. In order to prevent any alteration of wetland
resource areas beyond those proposed in the Notice of Intent and
approved herein, a twenty-five (25) foot no-disturbance zone and
a fifty (50) foot no-construction zone shall be established from
the' edge of the adjacent wetlands. No disturbance of existing
grade, soils or vegetation is permitted in the no-disturbance
zone. (See Appendix 5 of the local Regulations) . As indicated
on plans an exemption to the no disturbance zone is granted along
the north west corner of lot at indicated crossing and approach
which shall be 15' from BVW.
14. All catch basins shall contain oil/gasoline traps, and it
shall be a continuing condition of this order, even after a
Certificate of Compliance is issued, that the oil/gasoline traps
in the catch basins be maintained. All catch basins shall be
free of all accumulated silt and debris before a Compliance is
issued and the owner or his/her agent shall so specify in the
request for a Compliance.
15, This order of Conditions is issued: in addition to those
issued under File No.242-564.
16. No work shall be undertaken until all administrative and
judicial appeal periods from the Order on Campbell Forest
subdivision have elapsed and all proceedings before the
Department and court have been concluded.
12421-617 Lot 17 Joanne Drive - Campbell forest 4
PR3:Pg TO CONSTRUCTION
17 . No work shall be undertaken until all administrative appeal
periods from this Order have elapsed or, if such an appeal has
been filed, until all proceedings before the Department or Court
have been completed.
18 . This Order shall be recorded by the applicant at the
Registry of Deeds immediately after the expiration of all appeal
periods. No work shall be undertaken until the Final Order has
been recorded in the Registry of Deeds or the Land Court for the
district in which the land, is located, within the chain of title
of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed
work is to be done. In the case of registered land, the Final
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this
order prior to commencement of the work.
19. A sign shall be displayed at the site not less than two
square feet or more than three square feet in size bearing the
words, "Massachusetts Department of Environmental Protection,
File Number 242-617".
20. Any changes in the submitted plans caused by the applicant,
another Board's decision or resulting from this Order of
Conditions must be submitted to the NACC for approval prior to
implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at
the expense of the applicant) . Within 21 days of the close of
said public hearing the NACC will issue an amended or new Order
of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a
revised plan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to the start
of construction. No work shall begin on a• project until written
approval has been granted by the NACC.
21. The applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site
conference with an NACC representative, the contractor 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. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
#2421-617 Lot 17 Joanne Drive - Campbell forest 5
ensure compliance with this Order.
22. The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
23.' Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
erosion control measures can be properly placed and wetland
impacts can be monitored.
24. A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed as
shown on plan and shall be inspected and approved by the NACC
prier to the start of construction and shall remain intact until
all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection
measures found necessary during construction shall be implemented
at the direction of the NACC.
25. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 50 hay bales
and sufficient stakes for staking these bales (or an equivalent
amount of silt fence) . Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for
the normal control of erosion.
26. A proper bond or a deposit of money running to the Town of
North Andover shall beprovidedin the amount of $4,000 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North'
Andover Town Treasurer 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 continuing nature. The applicant may
propose a bond release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This
condition is' issued under the authority of-the local Bylaw.
DURING CONS ION
27. Upon beginning work, the applicant shall submit written
progress reports every month detailing what work has been done in
or near resource areas, and what work is anticipated to be done
over the next period. This will update the construction S
sequence.
' • r
r
1242-617 Lot 17 Joanne Drive —Campbell forest 6
28. ; Any fill used in 'connection with this project shall be clean
fill; containingno
trash, refuse rubbish or debris,
including
g
not limited to•lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
parts of any of the foregoing.
29. No exposed area shall remain unfinished for more than thirty
(30) f days, unless approved by the NACC.
30. No regrading in the buffer zone shall have a slope steeper
than! 2: 1 (horizontal:vertical) . Slopes of steeper grade shall be
ripe-trapped to provide permanent stabilization.
31. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
32., Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
33 . All waste generated by, or associated with, the construction
activity shall be contained within the construction area, and
away from any wetland resource area. There shall be no burying
of spent construction materials or disposal of waste on the site
by any other means. The applicant shall maintain dumpsters (or
other suitable means) at the site for the storage and removal of
such] spent construction materials off-site.
34 .' Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
35. ;Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
36. During and after work on this project, there shall be no
discharge or spillage of fuel, or other pollutants into
any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be
notified by the applicant as soon as practical. No construction
vehicles are' to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CaxsTitvcrrorr
37. No underground storage of fuel ails shall be allowed on any
lot within one-hundred (100) feet of any wetland resource area.
This Condition shall survive this Order of conditions, and shall
run with the title of the property. This condition is issued
#242-617 Lot 17 Joanne Drive - Campbell forest 7
under the authority of the Town's Wetland Protection ByLaw.
38. Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of. the Town's Wetland Protection ByLaw.
39. Upon completion of construction and grading, all disturbed
areas located outside resource areas shall be stabilized
permanently against erosion. This shall be done by loaming and
seeding according to SCS Standards. If the latter Course is
chosen, stabilization will, be considered complete once vegetative
cover has been achieved.
40. Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professional Civil Engineer
certifying compliance with this Order of Conditions and the
approved plans referenced herein (or approved revisions) . A
stalped "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. This
plan will include:
a. "As-Built" elevations of all drainage structures
constructed within 100 feet of any wetland.
b. "As-Built" elevations and grades of all filled or
altered wetland resource areas.
c. Distances from structures to wetlands.
d. A line showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
41, ,The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
36. Discharge or spillage of pollutants.
37. Prohibition of storage of fuels underground.
38. Limitations on the use of fertilizers, herbicides
and pesticides.
Issued By North ndover Conservation Commission
I
Signature(s)
G F ,
This Order r>nust bre signed by a majority of the Conservation Commission.
On this ay of 19 ,1�_,before me
' personally appeared E L
v to me known to be the
person described in and who executed the foregoing instrument and acknowledged that hershe executed
the same as his/her free act and deed.
+
0401
Nc ,ary Public My commission expires
The anolieant,*1e owner.any person aggrieved by this order,any owner of land abutting the land upon which the br000seo work is to be
done.or any tent residents of the city or town in which such land is located.ata hereby notified of their right to reouesf the Department of
Environmental Fimiechon to issue a superseding order,providing the reouest is made by Certified mail or hand desvery 10 the Deoartment,
with the appropriate filing tee and Fee Transmittal Form as provided in 310 LMA 10.03171.within ten days from the date of issuance of this
Determination.A copy of the request shoo at the same time be sent by certified mad or hand delivery to the Conseriratton Commission
and the applicant.
If you wish to appeal this decision under the Town Bylaw, a complaint trust
be filed in Superior Court.
Detach on dotted line and submit to the North Andover Consery2tign rnmm. onor w commencement of work.
1'0..».....»North Andover Conservation nt+.....emtnis _
�c-Inn ...............».....»..............................»....................................
sst;mc humoniv
• Please be advised that the Order of Conditions for the protect at Lot 17 Joanne Drive
IrRe Numoer 242— 617 has been mei ereee at the R Deeds, North E�$ex inc
egtstry Or Jli.4e�
I
has been noted in the chain of titre of Iheaffected oropeM in accordance vnnt GeneralCondition San . 19
If reeordad land, the instrument number wtaen nwatiea erns transaction is
II registered land, the document number which identifies the transaction is
Sionature
s.dA
EXHIBIT
310 CMA 10a9
Form 5 MPV40f . 242-616
(to to amotow or DEP)
North Andover
- :r Commonwealth cay.Town
�t of Massacnusetts ; nr TDJ Developmenf_S.n_rp.
lw ,
Lot 10 Joanne Drive
Order of Conditions
Massachusetts Wetlands Protection Act
G.I., C. 131, 640
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From NORTH ANDOVER CONSERVATION COMMISSION
To TD� Development Gern_ Same
(Name of Applicant) (Name of property owner)
40 Lowell Road
Address Salem, N.H. 03079 Address
This Orceris issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
by certified mail, returnreceiot requested on �� -%- � � 9/ 649:T (tate)
This oroject is located at t nt in nTiirn
The property is recorded at the Registry of Deed's, North Essex
B00% 1350 Page 673
Certificate(it registered)
The Notioe of Intent for this project was filen on August 18. 1�992- (date)
The oublic nearing was closed on __ September 3, 1992 (date)
Findings
The North Andover Conservation Comm. has reviewed the above-reterenced Notice of
Intent ano pians an:has neie a ouatie neanns on me=lett.Sasea on the miormation avaiiaole is the
NACC at thts time,me N rr has determined that
the area On wn=rt the or000sed work is to be done 33 31gndicant to the tonowmg interests in accarmce with
the Presumptions of Significance set form in the+-Waaons for earn Area Sublect to Prote=on Unaer me
Act 1C:eek as aoarotmatet: Ch.178% prevention of erosion and sedimentation
Pubiic,water suoaly Flood comma! LSI. Land comuafning shellfish
Private water supply Storm Damage arevention ❑ Fisheries
Grbund water supply Prevention of pollution Protec=n of wildlife habitat
Ch. 178 Wildlife Ct► 17 Recreation
Ta;al Fling Fee Summed State Sita
CityiTown Share $137.50 (`).6 fee in e=un of S2=)
Tataf Refund Due 5 citymwn Portion S State Pomon 5
(1/2 total) (.112 total)
124.2-y616 Lot 10 Joanne Drive Campbell Forest 2
Therefore, the North Andover Conservation Commission (hereafter
the 1%ACC11) hereby finds that the following conditions are
necessary, in
accordance rd
once w
ith the Performance Standards set
forth
n the State Regulations, the local ByLaw and Regulations, to
.i
protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and
with the Notice of Intent referenced above. To the extent that
the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of
Intenit, the conditions shall control.
GENERAL 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
private property or invasion of private rights.
3 . This Order does not relieve the permittee or any other person
of the necessity of complying with all other applicable federal,
state or local statutes, ordinances, by-laws or regulations.
4 . The work authorized hereunder shall be completed within three
years from the date of this Order.
5. This order may be extended by the issuing authority for one
or more periods of up to one year each upon application to the
issuing authority at least 30 days prior to the expiration date
of the Order.
6. Where the Department of Environmental Protection is requested
to make a determination and to issue a Superseding Order, the
Conservation Commission shall be a party to all agency
proceedings and hearings before the Department.
7. The proposed work includes the construction of a dwelling and
appurtenances in the buffer zone.
8. The work shall conform to the following• (except as noted in
the remainder of this document where revisions may be required) :
(a) Notice of Intent filed by TDJ Development.
(b) Plans prepared by Andover consultants dated 8/10/92 recd
8/18/92.
9 . The following wetland. resource areas are affected by the
proposed work: buffer zone, bank, isolated land subject to
flooding, bordering land subject to flooding, and bordering
vegetated wetland. These resource areas are significant to the
#242-616 Lot 10 Joanne Drive - Campbell Forest 3
interests of the Act and Town Bylaw as noted above. These
resource areas are also significant to the recreational and
wildlife interests of the Bylaw. The applicant has not attempted
to overcome the presumption of significance ni
ficance o
f these resource
areas to the identified interests.
10. The NACC agrees with the applicantts delineation of the
wetland resource areas on the site as shown on the plans dated
8/10/92.
11. ]�ssuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage. '
12. The conditions of this decision shall apply to, and be
binding upon, the applicant, owner, its employees and all
successors and assigns in interest or control.
13. 'This order of Conditions is issued in addition to those
issued under File No. 242-564.
PRIOR TO CONSTRUCTION
14 . No work shall be undertaken until all administrative appeal
periods from this Order have elapsed or, if such an appeal has
been filed, until all proceedings before the Department or Court
have been completed.
15. This Order shall be recorded by the applicant at the
Registry of Deeds immediately after the expiration of all appeal
periods. No work shall be undertaken until the Final Order has
been '; recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed
work is to be done. In the case of registered land, the Final
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this
Order prior to commencement of the work.
16. A sign shall be displayed at the site not less than two
square feet or more than three square feet in size bearing the
words, "Massachusetts onme of Department Environmental it ntal Protection
File Number 242-61691.
17. Any changes in the submitted plans caused by the applicant,
another Board's decision or resulting from this Order of
Conditions must be submitted to the NACC for approval prior to
1242-+616 Lot 10 Joanne Drive - Campbell Forest 4
implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at
the expense of the applicant) . Within 21 days of the close of
said public hearing the NACC will issue an amended or new Order
of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a
revised plan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to the start
of construction. No work 'shall begin on a project until written
approval has been granted by the NACC.
18. The applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site
conference with an NACC representative, the contractor 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. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
ensure compliance. with this Order.
19. 'The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
20. Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
erosion control measures can be properly placed and wetland
impacts can be monitored.
21. A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed as
indicated on the plan and shall be inspected and approved by the
NACC prior to the start of construction and shall remain intact
until all disturbed areas have been permanently stabilized to
prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be
implemented at the direction of the NACC.
22. The applicant shall havd on hand at the start of any soil
disturbance, removal or stockpiling,lin a minimum of 20 ha bales
kP g► 1
Y
and sufficient stakes for staking these bales (or an equivalent
amount of silt fence) . Said bales, shall be used only for the
control of emergency erosion problems, and shall not be used for
the normal control of erosion.
#242-616 Lot 10 Joanne Drive - Campbell Forest 5
23 . A; proper bond or a deposit of money running to theTownof
North Andover shall be provided in the amount of $3000 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer 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 continuing nature. The applicant may
propose a bond release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local Bylaw.
DURINP CONSTRUCTION
24. Upon beginning work, the applicant shall submit written
progress reports every 3 months detailing what work has been done
in or near resource areas, and what work is anticipated to be
done over the next period. This will update the construction
sequence.
25. Any fill used in connection with this project shall be clean
fill,l containing no trash, refuse rubbish or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
parts of any of the foregoing.
26. No exposed area shall remain unfinished for more than thirty
(30) Idays, unless approved by the NACC.
27. No regrading in the buffer zone shall have a slope steeper
than2 : 1 (horizontal:vertical) . Slopes of steeper grade shall be
rip-rapped to provide permanent stabilization.
28 . There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
29. Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
30. All waste generated by, 'or associated with, the construction
activity shall be contained within the construction area, and
away from any wetland resource area. There shall be no burying
of spent construction materials or disposal of waste on the site
by any other means. The applicant shall maintain dum sters or
other suitable means) at the site for the storage andremovalof
such spent construction materials off-site.
1242--616 Lot 10 Joanne Drive - Campbell Forest
6
31. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
32. Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
33. During and after work on this project, there shall be no
discharge or spillage of fuel, or other pollutants into
any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be
notified by the applicant- as soon as practical.. No construction
vehicles are to be stored within 10.0 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within loo feet of a resource area.
AFTER CONSTRUCTION
34 . No underground storage of fuel oils shall be allowed on any
lot within one-hundred (100) feet of any wetland resource area.
This Condition shall survive this Order of Conditions, and shall
run with the title of the property. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
35. Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
36. Upon completion of construction and grading, all disturbed
areas located outside resource areas shall be stabilized
permanently against erosion. This shall be done either by
loaming and seeding according to SCs standards. If the latter
course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
37. Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professional Civil Engineer
or Land Survey certifying compliance with this Order of
Conditions and the approved plans referenced herein (or approved
revisions) . A stamped "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.
This plan will include:
a. Distances from structures to wetlands.
b. A line showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
r
Issued By orth Andover Conservation Commission
Signaturels)
.- L
This Order must be signed by a majority of the Conservation Commission.
On this day of C
! 1992_ before me
personallyappeared-- EI
tome known to be the
✓7;;r� person described in and who executed the foregoing instrument and acknowledged that he.,she executed
the same as his/her free act and deed.
ota Public c My commission e0pires
The atimicrsta the owner.anv cerson aggneved by this Order•any owner of land abutting the land upon which the oroocsea work is 10 be
done.Or any ten residents of tete city or town in which such land Is(=led.are hereby notified of than right to request the Devarrm!ne Of
Environmental Protection to issue a Superseding Order.providing the request is made by certified mad or hand oetfvery to the Department.
with the aovroonate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7).within ten days from the date of issuance of this
Determination.A 4Wof the request shall at the same time be sent by eendled mail or hand delivery to the Conservation Commission
and the avbficpnt
If you wish] to appeal this decision under the Town Bylaw, a complaint must
be filed in Superior Court.
Detach on totted line and submit to the North Andover Conservation Gnmm_ Amor io commencemet.t of work.
» _ _.. .».....»». ... ................_.............................................................................................
To North AndnvPr-r:nngra=,•+•j,On CAlamakesion 'ssu:hc+wtnornv
Please be advtsed,that the Order of Conditions for the txoteerat tri 1 O Joanne flri vP
FeeNurrtoer 24L 616 rias been recorded at me Regis"of Deeds- N mrrh Facey enc
I
has been noted tn'tne cnatn of title of the affected orou"in accordance with General Condition 9 On 14
if recorded land:. the instrument number wmdn tdarmfias this transac9m t3
if registered iand.the document number which tdenuftes this"W%achon it
Sionaiure
5--LA
EXHIBIT 4
310 CMR 10.99
Form 5 oEPoaeNe. 242-614
M
:Y. fro as aware w CEP)
; _- Commonwealth Gty.rown North Andover
— '`-� of Massacnusetts
aoorcant TDJ Develouman.
` Lot 5 Joanne Drive
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From NORTH ANDOVER CONSERVATION i^.nMNTsgTnta
To TDJ' Development Cnrn_ Same
(Name of Applicant) (Name of property owners
40 Lowell Road
Address Sallept, N.H. 03079 Address
This Oraer is issued and delivered as follows:
❑ by hand doliveryto a=licm or representative on , `, / (date)
by certified mail. return receipt requested on��" f ` �� t�T ��7` 64,5 (date)
This croject isiiocated at Lot 5 Joanne Drive
The orooerty is recorded at the Registry of Deeds North Fc:Qov
Book 1350 Page 673,
Certdicaie(it registered)
The Notice of Intent for this cro)ect was filed an August 18. 1qq2 (dziel
The oublic nearing was closed On Sontetel,ar 3, t 000) Idate)
Findings
The NACC has reviewea the above-referenced Notice of
Intentanz clans anc nas nets a auafic nearing,On me-roject.Basea on tno iniorrnat)on avaiiacle to the
NACC at this time.tris has aelermtned that
the area on which the or000sed work is to be done is mgndicant to the foNowan inforests to arorcance with
the Presumations O:Siontft=nea Set f in the r%- via ons for eacri Area Suoieet to Protec:son Uncer the
AcT leneck as atbaroonatel: cy,178 prevention of erosion and sedimentation
Pubic water suo-ly Flood control ❑ Land cotnainfng shellfish
Private water sunpiy storm damage oreverition ❑ Fisneiies
Ground water supply Prevention of pollution Protecaan of wildlife habitat
Ch. 178 Wildlife � 17 a reation
To:at Fiing t=ee Submitted State Sita —�1Rt 59
chyi'r6 wn Share $I'I;'
I;'gq (� fee in excess cf S23)Tctal Refund Due S C)lyfrown Portion S State Portion S
('h total) (*/t total)
=!'e :ve'11'01E9
242-614 Lot 5 Joanne Drive - Campbell forest 2
Therefore, the North Andover Conservation Commission (hereafter
the "NACC") hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to
protect those interests noted above. The NACC orders that all
work shall be
Performed in accordance with said conditions and
with the Notice of Intent referenced above. To the extent that
the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of
Intent,, the conditions shall control.
GENERU 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
private property or invasion of private rights.
3 . This Order does not relieve the permittee or any other person
of the necessity of complying with all other applicable federal,
state or local statutes, ordinances, by-laws or regulations.
4 . The work authorized hereunder shall be completed within three
years from the date of this Order.
5. This order may be extended by the issuing authority for one
or more periods of up to one year each upon application to the
issuing authority at least 30 days prior to the expiration date
of the Order.
6. where the Department of Environmental Protection is requested
to make a determination and to issue a Superseding Order, the
Conservation Commission shall be a party to all agency
proceedings and hearings before the Department.
7. The proposed work includes construction of dwelling and
appurtenance.
8. The work -shall conform to the following. (except as noted in
theremainderof this document where revisions may be required) :
(a) Notice of Intent filed by TDJ Development
(b) Plans prepared by Andover Consultants, dated August 10, 1992"
Received August- 18, 1992
9 . The following wetland resource area is affected by the
proposed work: buffer zone, bordering land subject to flooding.
These resource areas are significant to the interests of the Act
and Town Bylaw as noted above. These resource areas are also
#242.-61,4 Lot 5 Joanne Drive - Campbell forest 3
significant to the recreational and wildlife interests of the
Bylaw. The applicant has not attempted to overcome the
presumption of
P s 'p significance -of these resource
areas to t
identified interests. he
10 . The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
August 10, 1992.
11. Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
floodiing or storm damage. .
12 . The conditions of this decision shall apply to, and be
binding upon, the applicant, owner, its employees and all
successors and assigns in interest or control.
13 . The NACC finds that the intensive use of the upland areas
and bu'ffer zone proposed on this site to construct a dwelling and
appurtenance will cause further alteration of the wetland
resource areas. In order to prevent any alteration of wetland
resource areas beyond those proposed in the Notice of Intent and
approved herein, a twenty-five (25) foot no-disturbance zone and
a fifty (50) foot no-construction zone shall be established from
the edge of the adjacent wetlands. No disturbance of existing
grade, soils or vegetation is permitted in the no-disturbance
zone. (See Appendix 5 of the local Regulations) . Except, as
indicated, an exemption to the no disturbance zone shall be
allowed near the south east corner of the lot where the driveway
is 5' from Bvw at one point.
14 . All catch basins shall contain oil/gasoline traps, and it
shall ,be a continuing condition of this order, even after a
Certificate of Compliance is issued, that the oil/gasoline traps
in the catch basins be maintained. All catch basins shall be
free of all accumulated silt and debris before a Compliance is
issued and the owner or his/her agent shall so specify in the
request for a Compliance.
15. This order of Conditions is issued: in addition to those
issued under File No..242-564.
PRIOR TO CONSTRUCTION
16 No work shall be undertaken until all administrative appeal
periods from this Order have elapsed or, if such an appeal has
been filed, until all proceedings before the Department or Court
have been completed.
leted.
17. This Order shall be recorded by the applicant at the
Registry of Deeds immediately after the expiration of all appeal
f242-614 Lot 5 Joanne Drive - Campbell forest 4
periods. No work shall be undertaken until the Final Order has.
been recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's. Grantor Index
under the name of the owner of the land upon which the proposed
work is to be done. In the case of registered land, the Final
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this
Order prior to commencement of the work.
18. A, sign shall be displayed at the site not lass than two
square feet or more than three square feet in site bearing the
words, "Massachusetts Department of Environmental Protection,
File Number 242-61411 .
19. Any changes in the submitted plans caused by the applicant,
another Board's decision or resulting from this Oreer of
Conditions must be submitted to the NACC for approval prior to
implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at
the expense of the applicant) . Within 21 days of the close of
said public hearing the NACC will issue an amended or new order
of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or
state 'boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a
revised plan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to the start
of construction. No work shall begin on a project until written
approval has been granted by the NACC.
20. The applicant shall contact the Conservation office prior to
site preparation or construction and shall arrange an on-site
conference with an NACC representative, the contractor 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. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
ensure compliance with this Order.
21. The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
22. Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing 'so that
erosion control measures can be properly placed and wetland
f242-614 Lot 5 Joanne Drive - Campbell forest 5
impacts can be monitored.
23 . A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed as
indicated on plan and shall be inspected and approved by the NACC
prior to the start of construction and shall remain intact until
all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection
measures found necessary during construction shall be implemented
at the direction of the NACC.
24 . The applicant shallhave on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 50 hay bales
and sufficient stakes for staking these bales (or an equivalent
amount'. of silt fence) . Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for
the normal control of erosion.
25. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $4,000 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer 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 continuing nature. The applicant may
propose a bond release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local Bylaw.
DURING CONSTRUCTION
26. Upon beginning work, the applicant shall submit written
progress reports every month detailing what work has been done in
or near resource areas, and what work is anticipated to be done
over the next period. This will update the construction
sequence.
27. Any fill used in connection with this project shall be clean
fill, containing no trash, refuse rubbish or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
parts of any of the foregoing.
28. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
#242-614 Lot 5 Joanne Drive - Campbell forest 6
29. No regrading in the buffer zone shall have a slope steeper
i . than 2: 1 (horizontal:vertical) . Slopes of steeper grade shall be
rip-rapped to provide permanent stabilization.
30. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
31. Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
32 . All waste generated by, or associated with, the construction
activity shall be contained within the construction area, and
away from any wetland resource area. There shall be no burying
of spent construction materials or disposal of waste on the site
by any other means. The applicant shall maintain dumpsters (or
other suitable means) at the site for the storage and removal of
such spent construction materials off-site.
33 . Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
34. Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
, 35. During and after work on this project, there shall be no
discharge or spillage of fuel, or other pollutants into
any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be
notified by the applicant as soon as practical. No construction
vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTBR' CONSTRUCTION
36. No underground storage of fuel oils shall be allowed on any
lot within one-hundred (100) feet of any wetland resource area.
This Condition shall survive this Order of- Conditions, and shall
run with the title of the property. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
37. Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
$242-614 Lot 5 Joanne Drive - Campbell forest 7
38 . Upon completion of construction and grading, all disturbed
areas located outside resource areas shall be stabilized
permanently against erosion.. This shall be done by loaming and
seeding according to SCS standards. If the latter course is
chosen, stabilization will be considered complete once vegetative
cover has been achieved.
39. Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professional Civil Engineer
certifying compliance with this Order of Conditions and the
approved plans referenced herein (or approved revisions) . A
stamped "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. This
plan will include:
a. "As-Built" elevations of all drainage structures
constructed within 100 feet of any wetland.
b. Distances from structures to wetlands.
c. A line showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
40. The following special conditions shall survive the issuance
of a CertificateofCompliance for this project:
35. Discharge or spillage of pollutants.
36. Prohibition of storage of fuels underground.
37 . Limitations on the use of fertilizers, herbicides
and pesticides.
i
Issued By forth Andover Conservation Commission
Signature(s)
OvNM1 ~—
This Order must be signed by a majority of the Conservation Commission.
On this �� day 01- 19 Z
�, before me
personally appeare to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he!she executed
the sante as his/her free act and deed.
Notary Public My commission expires
The appdrant.me owner.any person aggrieved by this Order.any owner of land abutting the land upon which the arooaseo work is to be
cone.or any ten residents of the city or town in which such land is located,are horsey notified of then right to reovesi Ins Department of
Environmental Protection to issue a Superseding Order.providing the teauest is made by cendied madorhand delivery to the Department.
with the almrapnate filing in and Fee Transmural Form as provided in 310 CMR 10.03(7),within ten ears from the date of issuance at this
Determination.A copy at the request shall at the same time be sent by Certified mail or hand delivery to the Conservation Commission
and the applicam[
If you wish to appeal this decision under the Town Bylaw, a complaint must
be filed in Superior Court.
Detach on dotted line and submit to the North Andover Conan va ion ninm prior to commencement of work.
To North Andover Gonc rva inn f nmm +ssu:."cAumon:v
Please be advised that the order at Conditions for the protect at Lot 5 Joanne Drive
Fae Numoer 242-614 has been recorded at the Fleets"of Deeds, NnrrFr Esse and
I
has been noted in me criain of tine of the allectea property,?at:cordance with General Conation 8 on t g
It recorded tans. Ins instrument numaer wruen identities mis transaction.is
II registered land.the document number which identifies this transaction is
Sicnature _
5.4 A
f • 1
EXHIBIT 5
310CMF; 1A.99 (NISI V•� i l
Form 5 OCT 9 12 ca r P 'yZ oEP wr Ns 242-618
Ra to aefsa a OM
Commonwealth GW.Town North Andover
• �. of Massacnusetts
TDJ Developman rnrp,
Lot 21 Joanne Drive
Order of Conditions
Massachusetts Wetlands Protection Act
G.L c. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From NORTH ANDOVER CONSERVATION COMMISSION
To TDJ Development Cern. Same
(Name of Apolicant) (Name of property ownerl
40 Lowell' Road
Adcress Salem, N.H. 03079 Address
This Order is issued and delivered as follows:
❑ by hand deliveryto ac)crtcant or rearesentatrre an (date)
(� by certdieo mail.return receipt reduested on IOZO44 Idatel
This orojectis located at Lot 21 Joanne Drive
The.-rooerty is recorded at the Registry of Deeds. Norr , F
Book 1350 page 673
Ceridicate (if re_isteredi
The Notice Of Intent for tris protect was filed on August 18, 1992 (date;
The outlicneanng wzs closed on September 16 1992 Idatel
Findings
The NACC has revrewea the above•referer+ced Notice of
Intent ane clans anc rias nesa a outfic nearing on the.rale:. fid
i3ased on the'intormation av e to the
NACC at this time.the WArr has determined that
the area on wnt;rh the oraoosed work is to be done is stgnrfhcarht to the followmg mtere=in a=rcane with
the Presurlfoznans of Sioniflcanc2 set forth in the re-gum-nuns for each Area SubteC:to Protef-'on Under Ine
ActtCeckzsaIIpn>==et: Ch.17812 Prevention of erosion and sedimentation
❑ Pub#ic water supply JM Flood conte I LI Land conuuninq shellfish
pnvate water suovly JZ Storm damage orevertion ❑ . Fisheries
C Ground water sudotyPrevention of poilunon Prote=on of wildlife habft,:t
Ch. 178 8 Wildlife C 17 E Recreatiou
Total Filing Fee SutmMed Slate ..hare ;;In i g
CitvrTown Share 't117 an - Cp fee In excess c SZi
Total Refund Due 5 CitvfTown Pormrt 5 State Pzr=n 5
('h totals ('/ t=Ii
#242-618 Lot 21 Joanne Drive 2
Therefore, the North Andover Conservation Commission (hereafter
the "NACC") hereby finds that the following conditions are
necessary, in accordance with the
Performance Standards set
forth
in the State Regulations,. the local B
Law
y and Regulations, to
protect those interests is noted above. The NACC
orders that all
work shall be performed in accordance with said conditions and
with the Notice of Intent referenced above. To the extent that
the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GENERAL 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
private property or invasion of private rights.
3 . This Order does not relieve the permittee or any other person
of the necessity of complying with all other applicable federal,
state or local statutes, ordinances, by-laws or regulations.
4 . The work authorized hereunder shall be completed within three
years from the date of this Order.
5. This order may be extended by the issuing authority for one
or more periods of up to one year each upon application to the
issuing authority at least 30 days prior to the expiration date
of the Order.
6. Where the Department of Environmental Protection is Irequested
to make a determination and to issue a Superseding Order, the
Conservation Commission shall be a party to all agency
proceedings and hearings before the Department.
7 . The proposed work includes dwelling and appurtenance.
8 . The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required) :
(a) Notice of Intent filed by TDJ Development Corp.
(b) Plans prepared by Andover Consultants 8/12/92, revised
9/16/92 .
9. The following wetland resource areas are affected by the
proposed work: buffer zone, bordering land subject to flooding.
These resource areas are significant to the interests of the Act
and Town Bylaw as noted above. These resource areas are also
significant to the recreational and wildlife interests of the
J242-618 Lot 21 Joanne Drive 3
Bylaw. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the
identified interests.
10. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
9/16/92.
11. Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage..
12 . The conditions of this decision shall apply to, and be
binding upon, the applicant, owner, its employees and all
successors and assigns in interest or control.
PRIOFj TO CONSTRUCTION
13 . No work shall be undertaken until all administrative appeal
periods from this Order have elapsed or, if such an appeal has
been filed, until all proceedings before the Department or Court
have been completed.
14 . This Order shall be recorded by the applicant at the
Registry of Deeds immediately after the expiration of all appeal
periods. No work shall be undertaken until the Final Order has
been recorded in the Registry of Deeds or the Land Court for the
district in which the hand is located, within the chain of title
of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed
work is to be done. In the case of registered land, the Final
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this
Order prior to commencement of the work.
15. A sign shall be displayed at the site not less than two
square feet or more than three square feet in size bearing the
words, "Massachusetts Department of Environmental Protection,
File Number 242-618" .
16. Any changes in the submitted plans caused by the applicant,
another Board's decision or resulting from this Order of
Conditions must be submitted to the NACC for approval prior to
implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at
the expense of the applicant) . within 21 days of the close of
said, public hearing the NACC will issue an amended or new Order
of Conditions. Any errors found in the plans or information
#242-618 Lot 21 Joanne Drive 4
submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the
project plans or wetland impacts., If any such changes occur a
revised plan and an explanation of the revisions .shall be
submitted to the NACC for review and approval prior to the start
of construction. No work shall begin on a project until written
approval has been granted by the NACC.
17. The applicant shall contact the Conservation Office prior to
site preparation or construction andshallarrange an on-site
conference with an NACC representative, 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. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
ensure compliance with this Order.
18. The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
19. Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
erosion control measures can be properly placed and wetland
impacts can be monitored.
20. A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed as
indicated on plan and shall be inspected and approved by the NACC
prior to the start of construction and shall remain intact until
all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection
measures found necessary during construction shall be implemented
at the direction of the NACC.
21. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of twenty-five
(25) hay bales and sufficient stakes for staking these bales (or
an equivalent amount of silt fence) . Said bales shall be used
only for the control of emergency erosion problems, and shall not.
be used for the normal control of erosion.
22 . A' proper bond or a deposit of money running to the TownofNorth Andover shall be provided in the amount of $3,000.00 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North r
Andover Town Treasurer 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
r
4 y
#242-618 Lot 22 Joanne Drive 5
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 continuing nature. The applicant may
propose a bond release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This
condition is issued under the
authority city of the local Bylaw.
DURING CONSTRUCTION
23. Upon beginning work, the applicant shall submit written
progress reports every one (1) month detailing what work has been
done in or near resource areas, and what work is anticipated to
be ;done over the next period. This will update the construction
sequence.
24. Any fill used in connection with this project shall be clean
fill, containing no trash, refuse rubbish or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
parts of any of the foregoing.
25. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
26. No regrading in the buffer zone shall have a slope steeper
than 2 : 1 (horizontals vertical) . Slopes of steeper grade shall be
rip-rapped to provide permanent stabilization.
27. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area. `
28. washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
29. All waste generated by, or associated with, the construction
activity shall be contained within the construction area, and
away from any wetland resource area. There shall be no burying
of spent construction materials or disposal of waste on the site
by any other means. The applicant shall maintain dumpsters (or
other suitable_means) at the site for the storage and removal of
such spent construction materials off-site.
30. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
31. Members of the NACC or its agent shall have the righttoenter upon andinspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
,
#242-618 Lot 21 Joanne Drive 6
32 . During and after work on this project, there shall be no
discharge or spillage of fuel, or other pollutants into
any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be
notified by the applicant as soon as practical. No construction
vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
33 . No underground storage of fuel oils shall be allowed on any
lot within one-hundred (100) feet of any wetland resource area.
This Condition shall survive this Order of Conditions, and shall
run with the title of the property. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
34 . Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
35. Upon completion of construction and grading, all disturbed
areas 'located outside resource areas shall be stabilized
permanently against erosion. This shall be done by loaming and
seeding according to SCS standards. If the latter course is
chosen, stabilization will be considered complete once vegetative
cover has been achieved.
36 . Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professional Civil Engineer
certifying compliance with this Order of Conditions and the
approved plans referenced herein (or approved revisions) . A
stamped "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. This
plan will include
a. Distances from structures to wetlands.
b. A line showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
37. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
32 . Discharge or spillage of pollutants.
33 . Prohibition of storage of fuels underground.
34. Limitations on the use of fertilizers, herbicides
and pesticides.
Issued 9y Conservation Commission
gignature(s)
5
7 �1
d/s t.t ti, r 1 dtili'f
This Order mus,
be signed by a majority of the Conservation Commission.
On In* ' day of t C 19 .before me
n� •" j
personally aooeared.;_ Gn Z6lE ,4 . iPF_�G H to me known to be the
person descrlbea in;alrtd who executed the foregoing instrument and acknowledged that he!she executed
the same as his/her',friee act and deed.
otary Pubiic SAAU eT • eA My commission expires
The anoueant. ne owner.allyloerson aggnevee ty tuts oreer.any owner of land ae ttng the land upon wniGh the amDdseO work is to as
done,or arty ten residents of the city or town In winch seen land is loomed,are more"nodfied of teak right to reouesrthe Department of
Emvtronmissue emlal Protec??Sm 10 a Superseding Oroer,providttg tns reauest rs maps by certified mail of hand asoll to the Department.
wO the aooroonale 10109 is*and Fee Transmural Form as oravtaad in 310 CMR 10.0n.wrthin ten dart from tha pate Of issuanee Of Inn
Daterm,nanon.A copy Of the request snati at the same time de sem by candio tnaa or nano aelnery to the Conssetvapon Commission
and the aDateant.
1
Detach an aottec line and submit to the NORTH ANDQVFR fVt*CrntrATTn*r nm..,pnor to commencement of ware.
N !Ssumy Futnar:v
:D ,
Pease of advtsla that the Oraer of Commons for me rngett at
T..f 91 Tnn 4 �1er —
_... qui. te•_s~P 18 Deeds No Faaax arc
� :as peen recoreec at me P�ntry o' rth
nos Deem notes to ime.rem at tine of the ztsectee trooerrymsccoreance wtm General Concimon a an c 9_
Ir recorcea:ane.the rnstmiment number wnrrm tdanathes rats t'ar=Lmon is
It re-:ste,ec and. the cecurnemi nurnoer wntcn,aenat,es tits rransaeoon is
j.AA
EXHIBIT
310 CMR 10.99
Form 3
tmr ew ne 242-613
r
. .�...
(to!»OPWa6 W OtEP1
«' Gorhmonweafth CO.Tewn
North Andover
of Mfassacnusetis
aesnt TDJ Develonmanr r.,.rp,
W
Lot 4 Joanne Drive
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From NORTH ANDOVER CONSERVATION COMMISSION
To TDJ Develovment_Cern. Ra+np
(Name of Applicant) (Name of property ownerl
40 Lowell Road
Address Salem.-N.H. 01079 Address
This droer is issued and delivered as follows:
❑ by hand delivery to acolicam or reoresentative on / (date)
by certified mail.return receipt requested on (Cate)
This protect is located at Lot 4 Joanne Drive
The property is recorded at the Registry of Deeds, North F-meAx
Book_, 1350 Page 674
Ceritiicate(if registered)
The Notice of intent for this project was filed on ,August 16, 1992 (date)
The public heanng was closed on Septemner 3. 199 (date)
Findings
The NACC has rev"ed the above-referenced Notice of
Inv eni anc awns anc nas nefd i auoliC hearm;on the erect.clueo an the mtwmation avai)abl a to the
NACC at this time.the SCC has oeterrmned that
Me area on which the dr000sed work is to be done a sigmtcant to the following interests in aegoroance with
the Presumptions of Significance set form intne r%e vaaons for each Area Suotect to Protech Under the
Act tC ecjc as aoprotinatel. Ch 178 Vjprevention of erosion and sedimentation
Pubic water suoaty Flood control t7 Land containing shellfish
Private water m=ty Storm damage orevention F)sheries
Groundwater supply Prevention of pollution Protection of wildlife habitat
Ch. 178 Wildlife .17 Recreation
Total Filing Fee Submmed State hard
atyr own Share (M.- fee in excess C.=55)
Total Refund Due S CityfTown Pardon S„_..�,... State Penson S
('h total) (`Jt total)
C' C
1242-613 Lot 4 Joanne Drive - Campbell Forest 3
above. These resource areas are also significant to the
recreational and wildlife interests of the Bylaw. The applicant
has not attempted to overcome the presumption of significance of
these resource areas to the identified interests.
10. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
8/10/92.
11. Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage. -
12 . The conditions of this decision shall apply to, and be
binding upon, the applicant, owner, its employees and all
successors and assigns in interest or control.
13 . The NACC finds that the intensivice use of the upland areas
and buffer zone proposed on this site to construct a dwelling and
appurtenances will cause further alteraiton of the weltnad
reasource areas. In order to presvent any alterakiton of weltnad
resource areas beyone those prooposed in the Notice of Intent and
approved herein, a 251no-disturbance zone and a 50 ' no-
construction zone shall be establisehd from the edge of the
adjacent wetlands. Not distrsubance of existing grade, soils or
vegetation is permitted in the no-disturbance zone. (see
appendix '5 of the local regulations) - This condition is in effect
despite the plans which indicate a 20' no disturbance zone.
14. This order of Conditions is issued in addition to those
issued under File No. 242-564.
15. No work shll be undertakne untilk all administrative and
judicial appeal periods from the Order on Campbell Forest
subdivision have elapsed and all proceedings before the
Department and court have been concluded.
PRIOR TO CONSTRUCTION
16. No work shall be undertaken until all administrative appeal
periods from this Order have elapsed or, if such an appeal has
been filed, until all proceedings before the Department or Court
have been completed.
17. This Order shall be recorded by the applicant at the
Registry of Deeds immediately after the expiration of all appeal
periods. No work shall be undertaken until the Final Order has
been recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index
#242-613 Lot 4 Joanne Drive - Campbell Forest 4
under the name of the 'owner of the land upon which the proposed
work is to be done. In the case of registered land, the Final
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this
Order prior to commencement of the work.
18. A sign shall be displayed at the site not less than two
square feet or more than three square feet in size bearing the
words, "Massachusetts Department of Environmental Protection,
File Number 242-61311.
19 . Any changes in the submitted plans caused by the applicant,
another Board's decision or resulting from this Order of
Conditions must be submitted to the NACC for approval prior to
implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at
the expense of the applicant) . Within 21 days of the close of
said public hearing the NACC will issue an amended or new Order.
of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a
revised plan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to the start
of construction. No work shall begin on a project until written
approval has been granted by the NACC.
20. The applicant shall contact the Conservation office prior to
site preparation or construction and shall arrange an on-site
conference with an NACC representative, the contractor 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. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
ensure compliance with this order.
21. The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
22. Wetland flagging shall be checked prior to start of •
construction and shall be re-established where missing so that
erosion control measures can be properly placed and wetland
impacts can be monitored.
23 . A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed as
j #242-613 Lot 4 Joanne Drive - Campbell Forest 5
indicated on the plan: The erosion controls shall be continued.
along the NW cornier of the driveway as indicated by NACC
Administrator in the field. . The erosion controls shall be
inspected and approved b the NACC prior to
the
Y p start of
construction and shall remain intact t t until .
all disturbed areas
have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary
during construction shall be implemented at the direction of the
NACC.
24 . The applicant shall have on hand at the start of any soil
disturbanoe, removal or stockpiling, a minimum of 50 hay bales
and sufficient stakes for staking these bales (or an equivalent
amount of silt fence) . Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for
the normal control of erosion.
25. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $3000 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer 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 continuing nature. The applicant may
propose a bond release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local Bylaw.
DURING CONSTRUCTION
26. Upon beginning work, the 'applicant shall submit written
progress reports every month detailing what work has been done in
or near resource areas, and what work is anticipated to be done
over the next period. This will update the construction
sequence.
27. Any fill used in connection with this project shall be clean
fill, containing no trash, refuse rubbish or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
parts of any of the foregoing.
28. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
29 . No regrading in the buffer zone shall have a slope steeper
than 2:1 (horizontal:vertical) . Slopes of steeper grade shall be
1
1242-613 Lot 4 Joanne Drive - Campbell Forest 6
rip-rapped to provide 'permanent stabilization.
29. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
30. Washings from concrete trucks,. or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
31. All waste generated by, or associated with, the construction
activity shall be contained within the construction area, and
away from any wetland resource area. There shall be no burying
of spent construction materials or disposal of waste on the site
by any other means. The applicant shall maintain dumpsters (or
other suitable means) at the site for the storage and removal of
such spent construction materials off-site.
32. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
33 . Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
34. During and after work on this project, there shall be no
discharge or spillage of fuel, or other pollutants into
any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be a
notified by the applicant as soon as practical. No construction
vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFT
ZR CONSTRUCTION
35. No underground storage of fuel oils shall be allowed on any
lot within one-hundred (100) feet of any wetland resource area,
This Condition shall survive this Order of Conditions, and shall
run with the title of the property. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
36. Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
37. 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
f
i'
#242-513 Lot 4 Joanne Drive — Campbell Forest 7
loaming and seeding according to SCS standards. If the latter •
course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
38. Upon completion of the project, the a licant� shall submit� pp mi a
letter to the NACC from a Registered Professional Civil Engineer
certifying compliance with this order of Conditions and the
approved plans referenced herein (or approved revisions) . A
stamped "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. This
plan will include:
a. "As-Built" elebvation fo all drainage structures
constructed within 100 feet of any wetland.
b. Distances from structures to wetlands.
c. A line showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
39. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
34. Discharge or spillage of pollutants.
35. Prohibition of storage of fuels underground.
36. Limitations on the use of fertilizers, herbicides
and pesticides.
•
Issued 8y! North Andover Conservation Commission
Signature(s)
This Order must be signed by a majority at the Conservation Commission.
On this14 A day of _' 1992- , before me
personally aopeare G H , to me known to be the
ir` f person described in and who executed the foregoing instrument and acknowledged that heeshe executed
the same as his/her tree act and deed.
,� �� 2i . r
Notary Public My commission expires
The eaclicart.the owner,arty consent aggrieved by this Order.any owner of land abutting the land upon which the proposed work is to be
Oona.or any ten resident$at the city or town(in which such land is located.are hereby natilied of their fight to reauesi the Denanment of
Environmental Protection to issue a Sueerseding Order,providing the reauest is made by Certified mad or hand delivery to the Department,
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR/0.03(71,within ten days from the date of issuance of this
Determination.A Copy of the request shall at the same bme be sent by certified mail of hand oefivery to the Conservation Commission
and the apoliaant.
If you wish to appeal this decision under the Town Bylaw, a complaint must
be filed in Superior Court.
Detach an dotted line and submit to the North Andover Conservation Cnmm_ prior to commencement of work.
i To....._..._. . .....� ........................_....._......................................................._.....
North Andover Conservation [�mmin..
�S.SumC Authority'
Please be advised that the Order of Conditions for the protect at Lot 4 .lnannp t)ri va
FiteNumoer 242-613 has been recorded at meRegislrvof Deeds, North Essex ani
I
has been noted in the cram of title at the attected areverty in accordance wqh General Conodion 8 on , t 9_
It recorced land, the instrument number wntch tdentdres this vansacean is
If registeredfarnd, the document number which identifies this transaction is
Signature _ciK+n
5.aA
r
RE1"_-D EXHIBIT
7
-
TC,;*' i LU !K
310 CMR 1029 N0RTX ' 'i7;i';ER 7
Farm 5 OCT 9 �L 00 I P t 9L pep ne me. 242-61
(totem, , "DEPT
V- commonwealthGiy.Tow^
North Andover
Di Massachusetts aooerant TDJ Development rnrp.
:LSiz ,
Lot 9 Joanne Drive
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. C. 131, 940
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From NORTR ANDOVER CnNSFRVeTTnN C MMTccTrna
TO TDJ�11 eveloDment Cnr Ra,eo
(Name of Applicant) (Name of property ownerl
40 Lowell Road
Adcress Salem, N.H. 03079 Addre55
This Orcer is issued and delivered as follows:
❑ by hand dleliveryto applicant or representative on (dare)
l by certified mail.return receipt requested on l._ � 9d 49� 9a?0 IcateI
This prosect is located a+ T nt• Q .Tnnnna nri� o
The property is recorded at the Registry of nppdc Nnrt-t, v x
BOCK i35n Page �y,13
Certificate(if re_isteredl
The Notice of Intent for this protect was filed on_�girc* 1 $, .4992 ldatel
The oublic nearing was closed an September 16, 1992 tdatel
Findings
The NACC has reviewed the above-referenced Notice of
Intent anc mans anc nas neid a puolic nearing on the elect.Based on the infora:auon avabrite to the
Mar,C at this time,the NACC has cetertnmed that
the area on wntcri the proposed work is to be done a signdicant to trio toUawing interests in actprdance with
the Presurranons of Significance set forth in me reguiaaons for beach Area Subtect to Protection Uncer the
Act(snack is aparotmatel: Ch.178❑ eve t on
Pr n i of erosion and d sedimentation
❑ Pubi(c water suoaty Flood control L-. Land containing shellfish
❑ Private water supply Storm Carnage prevention ❑ Fisheries
❑ Groundwater supply Prevention of iolluuon Protection of wildlife habitat
Ch. 178 [� Wildlife Ch.17A Recreation
Total Fling Fee Submitted- �gr�g,pg — State Share ,RSg -
Cityt?own Share W r§e ---- ('/= fee in excess ct 5231
Total Retund Due 5 .__...._ City/Town Pomon S -- State Portion S
(1h total) total)
#242-615i Lot 9 Joanne Drive 2
Therefore, the North Andover Conservation Commission (hereafter'
the "NACC") hereby finds that the following conditions are
necessary, in accordance with the Performance- Standards set forth
in the State Regulations, the local ByLaw and Regulations, to
protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and
with the Notice of Intent referenced above. To the extent that
the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GENERAL 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
private property or invasion of private rights.
3 . This Order does not relieve the permittee or any other person
of the necessity of complying with all other applicable federal,
state or local statutes, ordinances, by-laws or regulations.
4 . The work authorized hereunder shall be completed within three
years from the date of this Order.
5. This order may be extended by the issuing authority for one
or more periods of up to one year each upon application to the
issuing authority at least 30 days prior to the expiration date
of the Order.
6. Where the Department of Environmental Protection is requested
to make a determination and to issue a Superseding Order, the
Conservation Commission shall be a party to all agency
proceedings and hearings before the Department.
7. The proposed work includes dwelling and appurtenances.
8 . The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required) :
(a) Notice of Intent filed by TDJ Development Corp.
(b) Plans prepared by Andover Consultants dated 8/11/92.
9. The following wetland resource areas are affected by the
proposed' work: buffer zone and bordering land subject to
flooding. These resource areas are significant to the interests
of the Act and Town Bylaw as noted above. These resource areas
are alsoi significant to the recreational and wildlife interests
of the
Bylaw. The applicant has not attempted to overcome the
1 •
$242-615 hot 9 Joanne Drive 3
presumption of significance of these resource areas to the
identified interests.
10. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans.
il. Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding 'or storm damage.
12 . The conditions of this decision shall apply to, and be
binding Upon, the applicant, owner, its employees and all
successors and assigns in interest or control.
13 . The '$ACC finds that the intensive use of buffer zone proposed
on this site in connection with the construction of a
hypothetical house an over-sized driveway will cause further
alteration of the wetland resource areas. The applicant has a
failed to persuade the NACC that such dimensions are necessary or
that there will be no such alteration of resource areas. In
order to 'prevent any alteration of wetland resource areas beyond
those proposed in the Notice of Intent and approved herein, a
twenty-five (25) foot no-disturbance zone and a fifty (50) foot
no-construction zone shall be established from the edge of the
adjacent wetlands. No disturbance of existing grade, soils or
vegetation is permitted in the no-disturbance zone. (See.
Appendix 5 of the local Regulations) . It should be noted that
the applicant's plans do not indicate compliance with the 25' no-
disturbance zone. New plans indicating conformance shall be
submitted prior to commencement of any work on this site.
PRIOR TO CONSTRUCTION
14 . No work shall be undertaken until all administrative appeal
periods from this Order have elapsed or, if such an appeal has
been filed, until all proceedings before the Department or Court
have been completed.
15. This Order shall be recorded by the applicant at the
Registry of Deeds immediately after the expiration of all appeal
periods. No 'work shall be undertaken until the Final Order has
been recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title
of the affected property. In the case of recorded land the
Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed
work is to be done. In the case of registered land, the Final
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this
#242-615 Lot 9 Joanne Drive 4
Order prior to commencement of the work.
16. A, sign shall be displayed at the site not less than two
square, feet or more than three square feet in size bearing the
words,' "Massachusetts Department of Environmental Protection,
File Number 242-615" .
17. Any changes in the submitted pians caused by the applicant,
another Board's decision or resulting from this Order of
Conditions must be submitted to the NACC for approval prior to
implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at
the expense of the applicant) . Within 21 days of the close of
said public hearing the NACC will issue an amended or. new Order
of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a
revised plan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to the start
of construction. No work shall begin on a project until written
approval has been granted by the NACC.
is. The applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site
conference with an NACC representative, the contractor 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. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
ensure compliance with this order.
19. The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
20. Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
erosion control measures can be properly placed and wetland
impacts can be monitored.
21. A'row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed at
the 25' no-disturbance zone and shall be inspected and approved
by the NACC prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized
to prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be
implemented at the direction of the NACC.
n • a• . '
#242-615 Lot 9 Joanne Drive 5
22. The applicant shall have on hand at the start of any soil
disturbances removal or stockpiling, a minimum of twenty-five
(25) hayjbales and sufficient stakes for staking these bales (or
an equivalent amount of silt fence) . Said bales shall be used
onlyfor t
he control of emergency rg ncy erosion problems, and shall not
be used for the normal control
of erosion.
23 . A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $3,000.00 which
shall be' in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer 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 continuing nature. The applicant may
propose a bond release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local Bylaw.
DURING CTONSTRUCTION
24 . Upon beginning work, the applicant shall submit written
progress reports every one (1) month detailing what work has been
done in or near resource areas, and what work is anticipated to
be done over the next period. This will update the construction
sequence.
25. Any fill used in connection with this project shall be clean
fill, containing no trash, refuse rubbish or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
parts of any of the foregoing.
26. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
27. No regrading in the buffer zone shall have a slope steeper
than 2: 1 (horizontal:vertical) . Slopes of steeper grade shall be
rip-rapped to provide permanent stabilization.
28. There shall be no stockpiling of soil or other materials
within, twenty-five (25) feet of any resource area.
29 . Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
30. All waste generated by, or associated with, the construction
w
#242-615 Lot 9 Joanne Drive 6
activity shall be contained within the construction area, and
away from any wetland resource area. There shall be no burying
of spent construction materials or disposal of waste on the site
by any other means. The applicant shall maintain dumpsters (or
othersuitable means) at the site for the storage an
removal of
d
such spent construction struction materials off-site.
31. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
32 . Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
33 . During and after work on this project, there shall be no
discharge or spillage of fuel, or other pollutants into
any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be
notified by the applicant as soon as practical. No construction a
vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTERSTRUCTION
34. No underground storage of fuel oils shall be allowed on any
lot within one-hundred (100) feet of any wetland resource area.
This Condition shall .survive this Order of Conditions, and shall
run with the title of the property. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
35. Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
36. Upon completion of construction and grading, all disturbed
areas located outside resource areas shall -be stabilized
permanently against erosion. This shall be done by loaning and
seeding according to SCS standards. If the latter course is
chosen, stabilization will be considered complete once vegetative
cover has been achieved.
37. Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professional Civil Engineer
certifying compliance with this Order of Conditions and the
approved plans referenced herein (or approved revisions) . A
stamped "As-Built" topographic plan of all areas within the
$242-615 Lot 9 Joanne Drive 7
jurisdiction of the Wetlands Protection Act and Bylaw shall be '.
submitted when a Certificate of Compliance is requested. This
plan will include:
a. Distances from structures to wetlands.
b. A line showing the limit of work. !IWork" includes
any disturbance of soils or vegetation.
38. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
33. Discharge or spillage of pollutants.
34. Prohibition of storage of fuels underground.
35. Limitations on the use of fertilizers, herbicides
and pesticides.
R
IssueC By NORTH AnoURR enNcgpUATION' 69 94;SGj9tj^—Conservation Commission
$ignaturetsl �-
7 � I
t
This Order must be signed by a majority of the Conservation Commission.
On this, day of !I 19,�._,before me
personally aooearez /C'laAk'D M/,L�/ARA_ tome known to be the
person des:nbeo to and who executed the foregoing instrument and acknowledged that he:she executed
the same as his'her free act and deed.
AJ
�9
Crary PubiiC My commission expires
The anoneant.the dwmnr.any person aggrieved by this Order,any owner of land abutlmg the land upon which the Proposed work is to pe
Cone.or any ren rietaentS at the city Of town in wntCh such tend is located.are hereby notHied of Moir light tit request ms Debvhoent Of
Ertwrdntnental Protection to issue a superseding Order.providing the request to made oy cemfisa mall or nand delivery to ins Department.
with trio appropriate filing lee and Fee Transmural Form as pfgwaed in 310 CMR 10.030,within ten days from In*dire Of tssuanee of this
Determination.A My of the request small at the same time oe sent by Candied matt dr hand aelfvery to the Conservation Commission
ano tris applicant.
Detach on dated line and submit 10 tine prior to commencement of Mark.
COME.
-c.............NOLt:h•Andover •('nn co......at{ . w
.. r ......... ..
.. .... ...... .................»...... .'Ssng AYlmOnty
�e trent r
Please oe odvtsea rust the oraer of Conditions for me protect at T lir o *eanyee Ei4
=•e Vumzer 249—Al 9; '.as peen recoreec at-me Req+sm of N06th 98sele lane
has peen notes in me-rain of tine of the anectec crooeny in accomance with General Condteon 8 On
1;retorted Itina. the instrument numpet wncn tdent'l+es tins rartsacnttn is
e re=+stereo land.the cecumeni numoer which toentdses ir.+s transaction is
j.4A
i
F;E C:I V DEXHIBIT $
T• i.,, X
310CIMR 10.99 OCT - _R 7
Form s O 9 12 cc PP T aEPrjerw 242-619 .
Y
(to to QMV=*ar OEM
04. Commonwealth Gly.l'Owe North Andover
of Massachusetts
�' ,^ Aoctxant TDJ Develnprmo„rsarp,
Lot 27 Donna Drive
Order of Conditions
Massachusetts Wetlands Protection Act
C.L. c. 131 7 §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From NORTH ANDOVER CONcsa rnTTn,, rnNIMTc^l nm
To TDJ Development Cnrn_
(Name of Applicant) (Name of pro0erry ownerl
40 Lowell Road
Address-Salem, N.H. 03079 Address
This Order is issued and delivered as follows:
❑ by handdelivery to acolicant or representative on _, (dace)
by certified mad,return receipt reauestec on ��� 9�a _(date)
This oroject is located at Lot 27 Donna Drive
The crocery is recorded at the Registry of—Deeds North E.- a-t
190ox 1350 Page_ 671
Certificate(it registered)
The Nopce of Intent for this crolect was tiled on Aue s 1 R_ 1 QQ7 (czteI
The oublici nearing was closed on sep embe 16,E 1 qq9 Idatel
Findings
The NACC has rewewea the above.-referenced Notice of
Intent anci=tans and has neto a auoffe nearing an one^rete=t.cased on the uttor ation avaiiaoie it:the
NACC at this time.that NArr has oetermmed that
the area on wrimn,the or000sea work is to be cone m aigntttcant to the tollowtng interests in aezoreance with
trie Presumotions of Significance set form in the regutaaons tot earns Area Suoieet to Prate— n Under me
Act(crack as aoarooratel: Ch.178 prevention of erosion and sedimentation
Pttbiic water suovy Flood comrot U Land containing shellfish
Private water sunpty Storm carnage arevention V Fisheries
Groundwater supply I Prevention of pollution QT Protection of wildlife habitat
Ch. 178 ❑ Wildlife Ch.=harei7so ecreat on
Tonal!ting tee Submmed State y y
CityfTown Share %137.50 (Ip fee in excess cf 22.21
Total Refund Due S Cityfiown Porion S State Portion S
(sh totail ('h tctaq
.ter
c:.
#242-619 Lot 27 Donna Drive 2
Therefore, the North Andover Conservation Commission (hereafter
the "NACC") hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to
protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and
with the Notice of Intent referenced above. To the
extent that
the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GENER&L 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
private property or invasion of private rights.
3 . This Order does not relieve the permittee or any other person
of the necessity of complying with all other applicable federal,
state or local statutes, ordinances, by-laws or regulations.
4 . The work authorized hereunder shall be completed within three
years from the date of this Order.
5. This order may be extended by the issuing authority for one
or more periods of up to one year each upon application to the
issuing authority at least 30 days. prior to the expiration date
of the Order.
6. Where the Department of Environmental Protection is requested
to make a determination and to issue a Superseding Order, the
Conservation Commission shall be a party to all agency
proceedings and hearings before the Department.
7 . The proposed work includes hypothetical homesite and
appurtenant site work does not include subdivision replication
work.
S. The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required) :
(a) Notice of Intent filed by TDJ Development Corp.
(b) Plans prepared by Andover Consultants Inc. plans revised
9/16/92.
9. The following wetland resource areas are affected by the
proposed work: buffer zone and bordering vegetated wetland.
These resource areas are significant to the interests of the Act
f242-619 Lot 27 Donna Drive 3
and Town Bylaw as noted above. These resource areas are also
significant to the recreational and wildlife interests of the
Bylaw. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the
identified interests.
10. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
8/12/92 .
11. Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage.
12. The conditionsOfthis decision shall apply" to,, and be
binding upon, the applicant, owner, its employees and all
successors and assigns in interest or control.
13 . The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site in connection with the
construction of a hypothetical house, an over-sized driveway will
cause further alteration of the wetland resource areas. The
applicant has failed to persuade the NACC that such dimensions
are necessary or that here will be no such alteration of resource
areas. In order to prevent any alteration of wetland resource
areas beyond those proposed in the Notice of Intent and approved
herein, a twenty-five (25) foot no-disturbance zone and a fifty
(50) foot no-construction zone shall be established from the edge
of the adjacent wetlands. No disturbance of existing grade,
soils or vegetation is permitted in the no-disturbance zone.
(See Appendix 5 of the local Regulations) . It should be noted
that applicant's plans do not indicate compliance with the 25'
no-disturbance zone. New plans indicating conformance shall be
submitted prior to commencement of any work on this site.
14 . This Order of Conditions is issued in addition to those
issued under File No. 242-564.
PRIOR TO CONSTRUCT
15. No work shall be undertaken until all -administrative appeal
periods from this Order have elapsed or, if such an appeal has
been ailed, until all proceedings before the Department or Court
have been completed.
16. This Order shall be recorded by the applicant at the
Registry of Deeds immediately after the expiration of all appeal
periods. No work shall be undertaken until the Final Order has-
been recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the
1242-619 Lot 27 Donna Drive 4
Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed
work is to be done. In the case of registered land, the Final
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed, work is to be
done. The recording information shall be submitted to the North
Andover Conservation Commission
on theform at the
and of this
Order prior to commencement of the work.
17. A sign shall be displayed at the site not less than two
square feet or more than .three square feet in size bearing the
words, "Massachusetts Department of Environmental Protection,
File Number 242-619".
18. Any changes in the submitted plans caused by the applicant,
another Board's decision or resulting from this Order of
Conditions must be submitted to the NACC for approval prior to
implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at
the expense of the applicant) . Within 21 days of the close of
said public hearing the NACC will issue an amended or new order
Of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a
revised plan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to the start
of construction. No work shall begin on a project until written
approval has been granted by the NACC.
19. The applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site
conference with an NACC representative, the contractor and the
applicant to ensure that all of the Conditions of this Order are
understood. This Orderalsoshall be made a part of the
contractor's written contract. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to' coordinate construction and to
ensure compliance with this Order.
20. The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
21. Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that ;
erosion control measures can be properly placed and wetland
impacts can be monitored.
22 . A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
#242-619 Lot 27 Donna Drive 5
erosion control barrier will be properly installed and placed as
shown on plan and shall be inspected and approved by the NACC
prior to the start of construction and shall remain intact until
all disturbed areas have beenpermanently stabilized to prevent '
erosion. All erosion prevention and sedimentation ' rotection
measures found necessary during construction shall be implemented
at the direction of the NACC.
23. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of twenty-five
(25) hay bales and sufficient stakes for staking these bales (or
an equivalent amount of silt fence) . Said bales shall be used
only for the control of emergency erosion problems, and shall not
be used for the normal control of erosion.
24. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $3,000.00 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer 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 continuing nature. The applicant may
propose a bond release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local Bylaw.
DURING CONSTRUCTION -
25. Upon beginning work, the applicant shall submit written
progress reports every one (1) month detailing what work has been
done in or near resource areas, and what workisanticipated to
be done over the next period. This will update the construction
sequence.
26. Any fill used in connection with this project shall be clean
fill, containing no trash, refuse rubbish or debris, including
but not limited to lumber, bricks, plaster-, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
parts of any of the foregoing.
27. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
28. No regrading in the buffer zone shall have a slope steeper
than 2 : 1 (horizontal:vertical) . Slopes of steeper grade shall be
rip-rapped to provide permanent stabilization.
r_ L
1
4242-619 Lot 27 Donna Drive g
29 . There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
30. Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
31. All waste generated by, or associated with, the construction
activity shall be contained within the construction area, and
away from any wetland resource area. There shall be no burying
of spent construction materials or disposal of waste on the site "
by any other means. The applicant shall maintain dumpsters (or
other suitable means) at -the site for the storage and removal of
such spent construction materials off-site.
32. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
33 . Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
34. During and after work on this project, there shall be no
discharge or spillage of fuel, or other pollutants into
any wetland resource area. If there is a spill or discharge of
Any pollutant during any phase of construction the NACC shall be +�
notified by the applicant as soon as practical. No construction
vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
35. No underground storage of fuel oils shall be allowed on any
lot within one-hundred (100) feet of any wetland resource area.
This Condition shall survive this order of Conditions, and shall
run with the title of the property. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
36. Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
37 . 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 and seeding according to SCS standards. If
the latter course is chosen, stabilization will be considered
#242-619 Lot 27 Donna Drive 7
complete once vegetative cover has been achieved.
38. Upon completion of the project, the applicant shall submit a
letter to the, NACc from a Registered Professional Civil Engineer
certifying compliance with this Order of Conditions and the
approved plans referenced herein (or approved revisions) . A
stamped "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. This
plan will include:
a. Distances from structures to wetlands.
b. A line showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
39. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
34 . Discharge or spillage of pollutants.
35. Prohibition of storage of fuels underground.
36. Limitations on the use of fertilizers, herbicides
and pesticides.
4t Aa-
'6
Issued By North Andover ConseryAti nn rn�isaiort Conservation Commission
Signaturetsl
Gly �t �;Q.�etti�
C
This Order must be signed by a majority of the Conservation Commission.
On this /7 —day of %� 1� E � 192 _.before me
personally aooeare� ��'' '��� p• N -�iA h to me Known to be the
aersc-descnbec in and who executed the foregoing instrument and acknowledged that he.she executed
the same as his,her free act and deed.
Notary Public JU65r 1, . EITM My commission expires
The anatimi.the ownot.arty person aggnewd by this Omer.any owner of land aotmmg the land upon wnfch the proposed work's to tie
tone,of any ten residents of the city or town in wntgh such land 15 rotated.are hereby notified at their ngm to mouest trio Ososmnem of
Ennrowernaf Protection to issue a superseding order.providing the request 15 made by Certified mail of hand otWery to the Otoanm tit,
with the acomonate filing tee and Fee Transmittal Form as provided in 310 CMR 10.0.1(7),within ten days nim the dao al issuance of tnrs
Determination.A copy of the request snag at the same time as sent by certified matt at Rana oetwery to me camenationcommission
and me applicant.
Dejection canoe line and submit td the No. Andover Consarva t'a" rpm, ,onOr tc contmencefnent at work.
•_ tssuing Auteonty
0
Phase as advised that the Order at Conditions for tine protect at T nt 77 Irionri, L1=3ve
c.-.�uTce• _ 242-61_q ,as peen recoroec atae Pe;nry of Deeds Mn-r..t. Fssaar dna
hap peen noted in the earn at time of lite ahe=sec wooem on accomance wren General condition a an
It recorcea Pana. me instrument humow wrncn identities sus t w%saeeon
it registe.ec Lane.the eecument nurnoer wrucn,aenufl&s 111,15 transaction 15
a5-a:v• -•_ _-
5-AA
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover, Massachusetts 01810
(508) 475-4488
MARK B.JOHNSON (MA, NH, DC)
LINDA A. UCONNELL(MA, NH) Telecopier:
KEVIN M. CARROLL(MA) (508)475-6703
December 17, 1991
Q
Clerk n z
Town of North Andover ���
Main Street
North Andover, MA 01845 `'
RE: TDJ Development Corp.
VS: George Reich et al
NO: 91-03593 60
Dear Sir/Madame:
Enclosed with this correspondence you will find Motion
to Require the Defendant, The Conservation Commission of the
Town of North Andover to assemble and certify its record '
and/or proceedings. This Motion is served upon you pursuant
to Superior Court Rule 9A. Pursuant to said Rule, you have
10 days in which to serve upon the undersigned a written
response or objection to the Motion. You may wish to
address this matter to your legal representative.
Thank you for your attention to these matters.
Very truly }tours,
LAW OF CE :'OF
J
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KMC:cm
enc.
lit/tdjdevel/town1217
M
a .
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO:
T.D.J. DEVELOPMENT CORPORATION,
Plaintiff
VS.
GEORGE REICH, ALLISON BREWSTER,
RICHARD MILLIARD, PAUL TARIOT, �-+�
CARL SCHOENE and ROBERT MANSOUR,
as they are members of the r,:z
Conservation Commission of cs �r M.
the Town of North Andover, and `D
m' r
the TOWN OF NORTH ANDOVER, �
Defendants ;
PLAINTIFF'S MOTION TO REQUIRE THE DEFENDANT
THE CONSERVATION COMMISSION OF THE
TOWN OF NORTH ANDOVER TO ASSEMBLE AND
CERTIFY ITS RECORD AND/OR PROCEEDINGS
The Plaintiff, TDJ Development Corporation,
(hereinafter referred to as TDJ), respectfully requests that
this Honorable Court enter an order requiring the North
Andover Conservation Commission, (hereinafter referred to as
NACC) , to assemble and certify its record and/or proceedings
relative to TDJ's application,.
As grounds supporting this Motion, the Plaintiff offers
the following:
1. On or about November 15, 1991, the Plaintiff filed a
Complaint in the Nature of Certiorari, pursuant to
M.G.L. , C. 249, Sec. 4 and Declaratory Judgment.
2. The issues addressed in the Plaintiff's Complaint,
including the jurisdiction of the NACC and/or errors of
law committed by the NACC in issuing its Order of
Conditions on TDJ' s application, require the Court to
review and consider the NACC record.
3 . M.G.L. , C. 249, Sec. 4 provides that the Court may
order the record of proceedings complained of by TDJ to
be
brought before re the Court.
4. The Plaintiff has requested at Count I, Prayer I that
the Court issue the appropriate process to require the '
NACC to certify fully the record and/or proceedings
relative to the Plaintiff's application.
WHEREFORE, TDJ respectfully requests that this
Honorable Court enter an order requiring the NACC to
assemble its record and/or proceedings relative to the
TDJ
application and certify same to the Court within 30
days of the entry of an order from the Court and grant
such other and further relief as the Court deems just.
TDJ Develo ment Corp.
By s o ney
i
j
-lea B. Jahbidon-
LMO OFFICE OF
MARK B JOHNSON
12 Chestnut Street
Andover, Ma.. 01810
(508) 475-4488
B.B.O. #252760
Date: December 17, 1991
lit/tdjdevel/mot1217
sty
//T1andover D,F�'i= L`
consultants ' } _ " 1 East River Place
inc. NG 3' '` "`cR Methuen, Massachusetts 01844
QEC i (508) 687-3828
December 9 , 1991
Town Clerk VIA CERTIFIED MAIL
Town Hall NO. P 729 303 082
120 Main Street
North Andover , MA 01845
Notice is hereby given that the undersigned , on behalf of TDJ
Development Corp . , 40 Lowell Road , Salem, NH , has submitted a
definitive subdivision plan , via certified mail , on December 9 , 1991 ,
to the North Andover Planning Board for land off Campbell Road . The
subdivision is called "Campbell Forest" .
This land is shown on assessors ' map 10613, contains approximately
71 . 94 acres and is described in the attached application .
A copy of the completed Form C application and a list of abutters
is enclosed .
Sincerely ,
ANDOVER CONSULTANTS INC.
-David R. Jordan P. E.
DRJ :mm
ENC.
Civil Engineers • Land Surveyors • Land Planners
FORM C
4PPLICATION FOR APPROVAL OF DEFINITIVE PLAN
NOR 1 .'i r' • ?T4
December 9 4C1�9110143
To the Planning Board of the Town of North Andover:
The underaigned, being the applicant as defined under Chapter 419 Section
81—L, for approval of a proposed subdivision shown on a plan entitled
Campbell Forest
by Andover Consultants Inc. dated
being land bounded as follows: see attached description
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 1350, Page 673 ; or
Certificate of Title No, .9 Registration Bookt pap.; or
Other:
Said plan iras( ) has not(x) evolved from a preliminary plan submitted to
the Board of 19 and approved (with modifications) ( )
disapproved ( on 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 Andover, 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—laxs of said Town,
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 plan, profiles and cross
sections of the same. 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-
ments herein shall.be binding upon all heirs, executors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installa7Anastasios
d construction within two (2)
years from the date hereof.
� i t
Received by Town Clerk:
Date: ure o cant
Time. logianis
Signature: TDJ Development Corp.
Address 40 Lowell Rd.
Salem, NH 03079
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled:
By: dated , 19
* * e * ee
The North Andover Planning Board has voted to APPRM said plans subject to the
following conditions:
1. That the record 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. 44 S. 81-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board, no building or other structure 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.
eaee * e * e � * * �ree � �► * e * * eea� w * a * * * * ee * * a� * ear
The North Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
FORTH ANDOVER PLANNING BOARD
Date: By:
Y
Description of Property
CAMPBELL FOREST
North Andover , Mass.
Beginning at a point on the southerly side of Campbell Road at land
of Meyer ; thence
Southwesterly by land of Meyer 281 feet ; thence
Southeasterly by land of Meyer 603 feet ; thence
Northeasterly by land of Meyer 150 feet ; thence
Northwesterly by land of Meyer 125 feet ; thence
Easterly by land of Ringdahl 240 feet ; thence
Southerly by land of Lachapelle 263 feet ; thence
Southeasterly by land of Lachapelle 184 feet ; thence
Westerly by land of Lachapelle 248 feet ; thence
Southerly by lands of Lachapelle and Richards 1460 feet ; thence
Westerly by land of Commonwealth of Massachusetts 294 feet ; thence
Northwesterly by land of Labelle 848 feet ; thence
Westerly by land of Labelle 440 feet ; thence
Northerly by land of Commonwealth of Massachusetts 360 feet ; thence
Northwesterly by land of Commonwealth of Massachusetts 826 feet ;
thence
Northerly by lands of Piantidosi , Ford , and Robinson-Adams 547
feet ; thence
Easterly by lands of Collins and Gamache 305 feet ; thence
Northerly by land of Gamache 304 feet ; thence
Easterly by Campbell Road 76 feet ; thence
Southerly by land of Warren 292 feet ; thence
Easterly by lands of Warren , Fundeklian , and Hagelin 456 feet ;
thence
Northerly by land of Hagelin 353 feet ; thence
Northeasterly by Campbell Road 56 feet ; thence
Southerly by land of Merski 303 feet ; thence
Easterly by land of Merski 146 feet ; thence
Northerly by land of Merski 70 feet ; thence
Easterly by land of Fowler 180 feet ; thence
Northerly by land of Fowler 245 feet ; thence
Northwesterly by land of Fowler 86 feet ; thence
Northeasterly by Campbell Road 829 feet to the point of beginning .
Containing 71 . 9 acres , more or less .
LIST OF PARTIES OF INTEREST PAGE—J--OF-2—
I
SUBJECT PROPERTY
MAP ,ia• PARCEL =)`]AME .i K ::
Aoo�s`ss
f SM..r•l 9�i e•f T hM�l M i 'h. R•.•r
106B 20-27TDJ Develo ment Corp . 40 Lowell Rd. , Salem, NH 03079
34p 359
161-195
ABUTTERS
MAP : PAFiCEt ' NAME s'¢ _ 4 r s
0 B 15 & 16 Mary V. Lacha elle PO Box 382
No. Andaver,MA 01 5
10 B 2 Richard E. Rin dahl 1929 Salem St.
Gloria Ring ah No. Andover, MA 01 5
1o6
Sheila Barry No. Andover MA 0184
106B 12 Jeffrey M. Dunn 1907 Salem St.
a
106B 60 Paul VAIT 1895 Salem St.
Lucille Roy No. Andover, MA 01845
106B 1 i bert H. Meyer Jr. i
Susanne K. Meyer No. Andover, 01 4
Michael W. Goodwin 10 Can b 11 Rd.
Judith Goodwin No. Andover, MA 0184
1o6B 2 61 rTeorge H. Parr 2.16 gsleigb Tavern 'T-m -
Wanda H. Farr No. dove
B Clifford P. Melendy 7 2Q Cam-phpll
Denise T . Melendy No. Andover MA 0184
106B 10 David W. Yesair
Catherine E. Yesair No. An over 1 4
0 B 9 Nelson Packer Jr. 0 Campbell Rd.
Katherine M. Pac er EEEFNo. Andover, IVIA
Charles Revilacaua 0
Heather Bevilac uaNo. Andover, MA 0184
0 B Campbell Rd. Realty Trust 0 Campbell Rd.
MA (11 f3L!
106B 67 Peter J. Hamill 1 8
Karen E. Hamill No. Andov r 1845--
1 0 C xpbell Rd.
IMary A. Penney No. Andover, MA 0184
06B 6 lWilliam D. Dewhurst 100 Cam bell Rd.
Norma L. Dewhurst No . Andover, MA 01845
B Commonwealth of
Massachusetts No. Andover MA 0184
1 B 39 David B. Fowler 83 Cam bell Rd.
PnTnizlNo . Andover, MA o1845
LIST OF PARTIES OF INTEREST PAGE 2 OF 2
SUBJECT PROPERTY
i ADDfESS:1'
51!7
MAP.,ni. PARCM w
..
ABUTTERS
MAP .
Ph NAME 3 a y c . u ?,' AdDRESS':, . .' .E
106B Dale Merski 95 Campbell Rd.
Lisa Merski No. Andover, MA 01845
- 106B Keith Hage in i
No. Andover. MA 0184
10 B Arthur S . Fun eklian 121 Campbell Rd.
Lillian M. Fundeklian 0. n over, MA 01845
i06B 8 Rod er V. Warren 1 Cam be 1 d.
Lynn D. Warren No. Andover, MA 01845
tNo-
4
Carolyn J. Gamache No. Andover MA 0184
i06B 79 Paul F. Collins 61 Cam bell Rd.
era A. Collins Andover, MA M845
106B Suzannebpll Rd .
-
Adams No . Andover MA 0184
Peter J. Piantidosi 13 Chadwick St.
i06B 76 Brian B. Ford 'p e '
No. Andoyer4 MA oi84
106B 2 Jonathan Heller 1205 Cam bell Rd.
Evelyn Heller I No. Andover, MA 018 5
10 B 75 Walter J. Parker 221 Campbell Rd.
Patricia A. Parker o. Andover, MA 01845
106B
Thomas etra It 1 168 e
Christine A. Tetrault No. Andover, MA 0184
10 B 31 & 72 TDJ Development Co=No. Andovers
108A 2 Gu N. Richards 018 5
Carol R. Richards MA
C eon Richardsth i h ds1 4
108A 3 Commonwealth of 1 1951 TurnPike Rd.
Massachusetts I No. Andover, MA 01845
i Elizabeth M. Labelle 1 34 Magnolia Dr.
} Massachusetts No. Andover MA 0184
s
ti
FORM C
r, . �APPLle ON FOR APPROVAL OF DHF'INrPM PIAN
To the Planning Board of the Town of North Andover:
The`undersi nedt being the applicant as defined under Chapter 41t section
81-Lt fon approval of;a,proposed subdivision shown on a plan entitled
LYONS WAYS
by Andover ConsUltants Inc ' ��'dated Aril 10
being land bounded as'follows: See attached description
hereby submits said plan as a MINITM plan in accordance,wi the Rules and
Regulations of the North Andover Planning Board and makesapplication to the
Board for, approval of said plans
Title References North Essex Deeds, Book 1344t Page 299 ; or
Certificate of Title'No. „_t Registration Book t P&P.; or
Others
said plan 'has(4 has not( ) evolved from a preliminary plan submitted to
the Board of S e t . 2,2__,_19 8approved (withmodifications) (X
disapproved ( oA -February 15, .t 19 90
The undersigned hereby applies for the approval of said DIWIM17B plan
by the'Boardt 'and in furtherance 'thereof'hereby agrees to abide by the Board's
Rules and Regulations. The'undersig:ed hereby"further covenants and agrees
with the Town of North Andover, upon approval of'said mwiNITIVE;plan by the
Boards
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'
asare applicable to the installation of utilities within the'limita of
ways and streets; ;
2. To complete and construct the' strests or ways'and#other improvements show
e tions
e ides and'R
'I and`V..:of th R "`: ,
e Sections v gala
thereon in accordance re
of the Planning Board and the-approvad DWINITM"plan,. Profiles and cross '
sections';of the same. Said, plant profilesj`cross- sections and constructions
specifications are ,spec [ica1lyet �by`refersncet incorporated herein and made" `.
a part of this application* 'This application and the.'covonsszts and agree-
ments herein`shall,be binding upon"all.heirs�"e�eecutors' administrators,
successors, grantees of the whole orpart of,said land, and assigns of the:' ,`
undersigned; and-
J ,
3. To oomplete the aforesaid installations and1construction wi two (2)
years from the, date hereof.
Received by Town Clerk:
Date: are a `Ali t '
Times Ana 160
signature: Tnj noVelgnmPnt Corin:---�_.•
Address 4(),:Lovell' Road
Sal ems, M 0:3079
x
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled:
i
By: dated 19 —
* � ee * e
The North Andover Planning Board has voted to APPRM said plans subject to the
following conditions:
1. That the record owners of the subject land forthwith w ocute 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. 44 S. $1-0.
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:
I�
In the event that no appeal shall have been taken from said approval within
twenty days from this datep the North Andover Planning .Board wIU toortludO
thereafter endorse its formal approval upon said plan.
The North Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
NORTH ANDOVER PIS BOARD
Date: By:
1
Description of Land
"Lyons Way
North Andover , Mass .
Beginning at a point on the northerly side of Campbell Road at land
of Tetrault ; thence
Northerly by land of Tetrault 260 feet ; thence
Northeasterly by land of Tetrault 138 feet ; thence
Northwesterly by land of Commonwealth of Mass . 1277 feet ; thence
Southwesterly by land of Commonwealth of Mass . 290 feet ; thence
Southeasterly by land of Commonwealth of Mass . 1350 feet ; thence
Easterly by Campbell Road 230 feet to the point of beginning .
,y
FORM E
CERTIFIED LIST OF ABUTTERS
April 16 1991
TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER ;
The undersigned , being an applicant for approval of a Definitive
Plan of a proposed subdivision . entitled Lyons Way
submits the following sketch of the land in the subdivision listing the
names of the adjoining owners in their relative positions and indicating
the address of each abutter on the sketch or in a separate list , in
cludinq owners of land separated from the bdivis 'on onl street .
S gnatuhe of A ican
`•Anastasios K ogianis
Address TDJ Development Corp.
40 Lowell Road
Salem, --03079
19
TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER:
This ix* to certi.fy that at the time •of the last assessment for taxation
made by the Town of' North Andover, the names and addresses of the parties
assessed as adjoining owners to the parcel of land shown above were as
above written , except as followsc
Assessor
ya
a
. r
LIST OF PARTIES OF INTEREST
MAP # PARCEL # NAME ADDRESS
`p(o 8 M 44 o H*55-
P-b. ,moo. QDyyeV,
°l0 1 TkovtAaS N� C� vie A- TETtz.u,,u i
;• I G •� P'1Vv��L[.. R,D. NO . f�t.5�D1Jc-1"L
PCA ( ( AL6G)zTA A. C�L�lNs
ATlPaC-L( 2-b inn. Ao.DnUe12
i l 3
(D(c8 PETEs S. AQT_i/boy;
Yoe) S�� A)O. 4A,)A3 0✓ ,
s
MUM HIH
TOWN OF NORTH ANDOVER
MASSACHUSETTS
pt NORip 1
F �
7A
n
�43aiCHUS S'
August 89 1979
Daniel Long, Town Clerk
Torn Office Building
North Andover, Na.
Dear Mr. Long:
The following petition was heard at a meeting of the Planning Board on Monday evening,
July 2, 1979 in the Tarn Office Meeting Room at 7:30 P.M. The following members were
present and voting: William Chepulis, Chairman; Joyce A. DiTore; John J. Mcnteiro,
Vice-Chairman; and Michael P. Roberts.
Arthur Balogianis, developer, Frank-C. Gelinas, and Reginald Marden, attorney, were
present representing T.D.J. Development Corp. Atty. Marden stated that the proposal
is for a 46 lot subdivision in an R-2 zoning district; parcel designated 17 #1 is a
road relocation which will be deeded to the Town for the purpose of straightening the
road; the intention is to ran water along Campbell Rd. some 2200 ft. to Forest Estates
and into the Campbell Forest subdivision. Mr. Colinas added that Road A and Road B
are 2300 and 2100 ft. in length; there will be 45 dwelling sites; the proposal fulfills
each of the requirements of the Rules & Regulations Governing the Subdivision of Land;
no greater than a 6% grade; drainage designed to accomodate two kinds offlcwr; existing
water line located at intersection of Salem St. and Campbell Rd.; water line will be
a 10 in. diameter for overall plan to loop Salem St. with Rte. 114; 500 ft. between
hydrants; a temporary cul-de-sac is proposed to 000rdiante with future planning; site
characterized by 3 major features (as shown on topographic plan): high areas, extremely
large wetlands to the south and west, and wetlands within the subdivision. There is
no flow from this subdivision going into the wetland behind it, sheet flow is existing
now and will not be altered, no planned alteration of the largest wetlands, smaller
wetland will be dredged for storm control and increased run-off will flow into a wet-
land in the middle. At this point a letter from the Conservation Commission dated
July 29 1979 was read and applicant is aware that he will have to file under Ch. 131.
Charles Label, abutter, asked questions regarding his land-looked piece of land and
desired assurance that he would have a right-of-way to his property.
Letters from BPW and Highway Surveyor were read and also letters from Fire Dept. and
Board of Health. All on file.
Letter from citizens on Campbell Rd. and Salem St. was read.
Opposition was stated by the following: Mr. Ringdahl; Marg' Lachapelle; concern for
L -
CAMP ML FOREST DECISIOK
drainage, septic systems, eto., Myers pond.
On August 69 1979 the Board voted to approve the definitive subdivision plan of Campbell
Forest subject to conditions listed on attached sheets (2) and the following: that
the record owners of the subject land forthwith execute and record a "coveneut running
with the land", or otherwise provide security for the construction of ways and the
installation of municipal services within said subdivision, all as provided by Q.L.
c. 417 S. 81-U; that all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board. VOTE: William
Chepulis, Joyce A. DiTors and John J. Monteiro in favor; Paul Hedstrom opposed upon
motion of Mr. Monteiro and second by Mrs. DiTore.
Very truly yours,
PLLNIMQ BOARD
8
William Chepulis,
Chairman
gb
I�
I
r
Notice to APPLICANT/TOWN CLERIC of Action of Planning Board on Preliminary
Subdivision Plan entitled: LYONS WAY
By: Andover Consultants Inc. dated "SeptaMber'7. 1589
e orth ver aauiin oard tentat el approv aid amn t
ut i ions-_thereo
he Nort dower P and disa ed plan o the
f o gr so
f7:
3, ..,The -North Andover Planning.Board has tentatively approved said plant
subject to the following modifications thereof:
See 'Attached Conditions - 20 Conditions
n.'N++wy^R+`.raTue.-..v.-w "d..'.::..:MYP,^"^M•:..r..n
" •Vii.:
W r
rr
yv /qty+Ny'"r L Y
Very truly yourst
NORTH P BARD
By George JOiSm,a
n
Date: February 15, 1990
RSC{IVEJ
DANIr.i_ '_J'jG
K
FORM B ((}},, NOR :, _HOOVER
APPLICATION FOR APPROVAL OF A PR& MINARY PLAT 10 rss
September 29 t 19 89
To the Planning Board of the Torn of North Andover:
The undersigned, being the applicant as defined under Chapter 411 Section 81—Lt
for approval of a proposed subdivision shown on a plan entitled
Lyons Way
By Andover Consultants Inc-. . dated September 7 , 1982_
being hand bounded as follows:
See attached description
hereby submits said plan as a PRELIMINARY subdivision 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 Deeda, Book134�t Page 299.; or
Certificate of Title No..j Registration Book 1 Page.; or
Other:
Applicant gna10
t . . '
Received by Town Clerk:
Date: AppliQ9's address Ana asio ;
TDJ Development Corp.
Time: 240 Pleasant Street, Methuen, Mass .
Signature: 01844
Owner's signature and address if not the
applicant:
Same
V
LYIONS WAY
PRELIMINARY SUBDIVISION
CONDITIONAL APPROVAL
1. A Notice of Intent shall be filed with the Conservation
Commission as required under MGL Chapter 131.
2. The distance between all fire hydrants on the proposed road
shall be no greater than 500 feet.
3 . All structures built within this subdivision shall have
residential fire sprinklers installed priorto receiving a
Certificate of Occupancy.
4. All wetland delineation lines shall be shown on the
definitive plans and shall be approved by the Conservation
Administrator.
5. Areas to be used for stump burial shall be Cleary delineated
on the definitive plans and approved by the Planning Board.
6. There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set. It shall be the
developers responsibility to assure the proper placement of
the driveways regardless of whether individual lots are
sold. The Planning Board shall require any driveway to be
moved at the owners expense if such driveway is at a
catch basin or stone bound position. Certification by a
Registered Professional Engineer will be required prior to
the issuance of a certificate of occupancy.
7. All drainage facilities including detention basins, shall be
constructed and erosion controlled prior to any lot release.
All catch basins shall be protected with hay bales to
prevent siltation into the drain lines during roadway
construction.
8. Any changes on the plans required by the North Andover
Conservation Commission may be subject to Modification under
Chapter 41 by the Planning Board.
9. Throughout all lands, tree cutting shall be kept to a
minimum in order to minimize erosion and preserve the
natural features of the site. Accordingly, a no cut line
shall be placed on the Definitive Plans and approved by the
Planning Board. The developer in conjunction with a
registered arborist, shall submit a tree cutting and
reforestation plan consistent with the provisions of Section
5.8 of the North Andover Zoning Bylaws ( The plan is for
areas of substantial cutting and filling ) to be reviewed by
the Planning Staff prior to the applicant receiving a permit
x
to build on any lot within the subdivision. This Plan shall
explicitly include specific trees to be retained. Also, the
developer shall inform the Town Planner when any tree
cutting is to occur in order that the Planner may determine
the need to be to bere
p sent.
10!. Lot numbers shall be placed on all lots prior to the
commencement of construction. Permanent house numbers will
be posted on dwellings prior to occupancy.
11. Prior to a Certificate of Occupancy being issued for any
lot, that lot shall have received all necessary permits and
approvals from the North Andover Board of Health.
12. All drainage and sewage facilities shall be approved by the
North Andover Division of Public Works prior to the Planning
Board granting an approval to the Definitive Plans.
13. Prior to any lots being released, Bonds shall be posted to
ensure construction and/or completion of sewers, roadways,
site screening and other pertinent public amenities. These
bonds shall be in an amount as determined by the Planning
Board and shall be in the form of a Tri-Party Agreement, or
Pass Book.
14. In all areas where slopes exceed 5%, granite curbing shall
be installed on both sides of the roadway.
15. Drainage calculations shall be submitted to reflect surface
runoff to zero in both the 10 year and 100 year storm
16. Prior to the release of any lot from the statutory covenant
the developer shall submit approved septic system designs to
the Planning Board and certify that the grading of said lot
is in conformance with the Definitive Plan and drainage
calculations, and that said lot does not create adverse
flooding on an adjacent property.
17. The applicant shall submit along with the Definitive Plans,
a list of all requested waivers from the Planning Board
Rules and Regulations Governing the Subdivision of Land.
18. Prior to the commencement of construction a stop sign shall
be placed at the intersection of Lyons Way and Campbell
Street. Further, signs shall be posted at 350 feet in either
direction of that intersection which read, " Caution,
Construction Vehicles in Area."
19. A 30 foot wide access-egress easement will be shown from the
end of the cul-de-sac to land of the Commonwealth along the
lotline of lots 5 and 6.
20. All rules and regulations of the Planning Board will be
adhered to in the submission of Definitive plans.
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Conservation Commission
Board of Health
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
s ,
FORM C
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
Max 15 � 19 79
To the Planning Board of the Town of North Andover:
The undersignedt being the applicant as defined under Chapter 41. Section
81—Ls for approval of a proposed subdivision shown on a plan entitled
Definitive Plan of Land of: Campbell Forest
by Frank C. relinas & .Associates dated May 11, 1979
being land bounded as follows: on the North by Campbell Rd. & Land N/F of Collins,
Camache, 'dewitt, Fundeklian, Samuel, Keenliside & Anderson; On the East by Land
NIP of Meyer, Barry, Ringdahl, LaChapelle & Richards; On the South by Land NIP
hereby submits said plan as a DEFINITNE plan in accordance with the Rules and °,
Regulations of the North Andover Planning Board and makes application to the e,
Board for approval of said plan. cu
xro
Title References North Essex Deedeg Book1350 Page 673 ; or a N
Certificate of Title No, Registration Book * Page.; Or " ro
Other:
Said plan hasC, ) has not( ) evolved from a preliminary plan submitted to
the Board of April 22 1977 and approved (with modifications) ( ) a' rt
disapproved ({ OR July--- t 19 72_. t
N
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Boards 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 Andovert upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the a
Planning Board, the Public Works Department, the Highway Surveyorq 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 ]'mita of
ways and streets;
y
2. To complete and construct the streets or wags and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations -1
of the Planning Board and the approved DEFINITIVE plant profiles and cross
sections of the sacro. Said plant profiles, cross sections and construction
specifications are specifically, by references incorporated herein and made ro
a part of this application. This application and the covenants and agree—
ments herein shall bebinding pan u ro
all heira� executors administrators, �
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installations and construction within two (2) a
years from the a
� ra
Received by T eriC �� r
Date. r ' MAY O_ v
t e 'cant 43
--=7s T.D.J. Development Corp. 0
Time:
47 Bailey Road, Andover, MA 01810
Signature:
o Address
Pe
e � pZ
L. __
i
9
Notice to APPLICANT/TOWN CLM and Certification of Action of Plamdng Hoard
on Definitive Subdivision Plan entitled: CA]8F'BELL Palm
BY: E=k_C.fnAlina& & Aeeog, dated May 11
* * eee *
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record 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. /}l, S. Sl-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3• That, as required by the North Andover Board of Health in its report to
this Board, no building or other structure 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: ^ee attached sheet.
I
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.
�e � �r � � e +� ee � eewe * e * ee * e �r � eewaw :ce �e * � eeeee
13 94 �S
Ali
Ric VE 'p
7 19
W cg2
NOai PLANNI1��Qp�
•,Z,�r2.0 40 �2 �
Date: �tiaust 7_ By: -
Williaei Ch®pulie� Chairman
CAMPBELL FOREST DEFINITIVE SUBDIVISION CONDITICKS (cont.): -2-
4. That$ individual septic system permits must be obtained prior to the issuance of
a building permit from the Board of Health under the rules and regulations of Title "V"
of the state sanitary code; and that the developer shall, prior to the sale of indivi-
dual lots to individual owners, submit to the Board of Health percolation tests showing
the suitability of said lots for the installation of subsurface disposal sy3tems for single
family dwellings.,-,however. restriction shall not prevent the mortgage of said lots or
the sale to developers or home builders against whom this condition shall also remain
applicable and enforceable until complied with;
5. That, no work shall be done in the subdivision until security in the form of a
bond or covenant has been duly recorded and the plans are signed and recorded;
6. That, any changes made to the definitive plan by other town agencies or officials
shall be submitted to the Planning Board by the applicant;
7. That the recommendations of the Highway Surveyor's letter dated July 2, 1979 shall
be adhered to as follows:
a* all drainage pipe shall be R.C.P. with a minimum of two (2) feet of cover
on pipe sizes eighteen (18) inches of cover and thirty (30) inches of cover on
pipe sizes less than eighteen (18) inches. No metal or squashed pipe shall be
allowed within the subdivision drainage system;
b, two additional catch basins shall be located at approximately station 10+50
on Road B (Donna Dr.);
C. manhole at station 19+00 and 20+00 on Road A (Mary Ann Dr.) shall be a
catch basin;
d. all drainage shall be tied into a continuous drainage easement throughout
the entire subdivision;
e. Cape Cod Berm to be required where and when deemed necessary, to be deter-
mined in the field; where berm is required, the paved road width and gravel
base shall be widened, two feet in total.to accommodate the berm base;
{ f. no house drainage systems shall be allowed to drain into the street, all
such drains, (if any), shall be incorporated into street drainage with a permit
{ being required and Town specification complied with;
F g. cul-de-sac shall be 100 foot radius with the required land area to be under
ownership of the developer of the road network until such time as the-road is
extended;
8. That the hydrants (17) shall be located in accordance with the Fire Dept.'s
letter dated June 19, 1979 and as marked on said plan, including an additional
hydrant on lot 39 at the intersection of Road A and B;
9. That all water improvements shall be in accordance with the recommendations of
_t the Board. of Public Works letter dated July 2, 1979;
10. That a Notice of Intent shall be submitted by the applicant to the Conservation
Commission pursuant to M.G.L. Ch. 131 (Wetlands Protection Act);
}
t
CAMPBELL FOREST DEFINITIVE SUBDIVISION CONDITIONS (cont.): -3-
11. That the applicant shall obtain a Certificate of Compliance from the North Andover
Conservation Commission with regard to any Carder of Conditions issued by said Commission
under M.G.L. Ch. 131 prior to the final release of any bond or covenant;
12. That a right-of-wary shall be provided on either lot 16 or 17 to ensure Mr. Charles
Label access to his property which abate said subdivision;
13. That no work shall commenoe within the entire subdivision until detailed plans
and specifications for a control structure at the so called Wirers Pond" (which fronts
lots 11 2, 3, 4, 51 6, 7, 81 & 9) are furnished by the developer to the Conservation
Commission which ensures that the elevation of the said pond is controlled and that the
existing drainage conditions in said area are not aggravated;
14. That the development of said subdivision and the construction of structures shall
not violate the drainage flow calculations computed by Frank C. Gelinas, Registered
Professional Engineer, which were submitted to the Planning Board. on July 6, 1979;
15. That approval of said subdivision encompasses pages 1 through 7 and 1A through 7A
inclusive of the Definitive Campbell Forest Subdivision Plan dated May 11, 1979•
NORTH ANDOVER PLANNING BOARD
A
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled:
Lyons Way .
Byt Andover Consultants Inc. dated AUxi�_ 1111„A ,,,.r 19 .��.
The North Andover Planning Board has voted to APPROVE said plant subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record .
a "covenant running with the land"w or otherwise provide security for the con-
struction of ways and the installation Of municipal services within said sub-
divisionw all as provided' by'G,L. c.' 41: S► $�•
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 Boardw no building or other structure shall be built or placed upon Lots
No, as shown on said Plan without the prior
consent of said Hoard of Health.
4 Other conditions:
See Attached
t
cr aoo�ax
Z:Mn
Co
UP ��rnr3rn
.Z;e 4
MSG)
Q0
In the event that no appeal shall have been taken from said approval within
twoty days from tUs dater the North Andover Planning .BoArd wild: f9rthwith
thereafter endorse its formal approval upon said plan.
* e * e * aee �r * * ecce *. * * eeeee � * a. eeee * * ear * * �r
hill 11111
s
NORTH AND/
Dates July 23, 1991 By; -Georae D T,
D^rn^ CJL&I a-
MRM C `
APPLICATION FOR AP�AL or mF'tgnm PLAN
April `AL - -I 9 .21..
-
To the Planning Hoard of the Town of North Andover: aPR13
The undersigned* bsiug"the'applicant as defined under Chapter 41t Section
81-Ls for approval of a proposed subdivision shown on a plan entitled
LYQ4S wAY
by Andover Gonsij tants Inc.' dated April 10
being land bounded as follows: See attac ed'"descrintion
hereby submits 8M plan as a DWINITM p in acc a with the Rules and
Regulations of the
.North Andover Planning Board.and makes application to the
gra .
Board for approval of said plan. .
Title Reference: North Essex Deedsp Book 1344r,yage 299 ; or
Certificate of Title `No. +„p Registration Book.& PAP.; or
Others, r
Said plan'hsa(4, has not( ) evolved from a preliminary plan submitted to
the Board of S en•t. 29 19,`89 and approved (with modifications) (X)
disapproved ( on ,g2bruary 3A r 19.90
The undersigned hereby:applies for the approval of said DBr1MTM plan
rsof here es to abide by the BoardIs
by the>Hoard��`'and'in`furtherance'the by afire
Rules and'Re tines. 'The,undersigned covenants and agrees
8uof al,`of aa3d DEFINIT M plan by the
with the Town of North Andover upon'approv
Board:
1. ;To install utilities in accordance with °thetroles and regulations of the
pl.anning'Board, the Public Works'Depsrtment� the IHighway Surreyort the
Board of Healtht 'and' all general as we11 'as zoning bye-lse►s of said Towers
as are applicable to the installation of utilities Within the limits of
waya and streets;,
2. To complete-and`',construct the:strests or',whys°and other improvements shown
thereat'in''accordance with Sections Iv and`V.of�the le
Rus and Regulations `'
of the Planning Board and the approved''MrWTIVJ57"piner profiles sad cross
sections.` of the same. Said'plane profiled'cross'seations and construction
specifications'are' speoificallyi.�by�referenceo'incorporated`'herein and made`
a part of this application. ,Thisapplication and the 'covenants and agree
menta`heren•'shall;;be ,'biadingupoaa"°all heirs��'executors� administrators,
suctessorat 'grantees of the whole or part.%of,said lands and Basis= of the '
undersigned; .and A r:
3. To complete the `aforesaid installationsy construction wi two
ar0 from;the'"date hereof.
w
Received by Town Clark: ,
t. Of;A t
Dates
jr
An Q ISL.# is-
Time
...�.�.�.
Time:
Dj avejonment Corn.
Signature: Address,' Lowell Road
40
ux ' Su1em, NH 03079
:.
LYONS WAY 1
i
DEFINITIVE SUBDIVISION
CONDITIONAL APPROVAL
1. The Planning Board is concerned with lot 5 due to inadequate
perc. test for that lot. At this time the Board of Health
has not approved any perc tests and septic designs have not
been submitted. Prior to the issuance of a Building Permit
lot 5 shall have received all necessary approvals from the
Board of Health.
2 . Prior to the Planning Board signing the record plans for the
North Essex Registry of Deeds the applicant shall present
all necessary signed easement and conveyance documents.
These documents shall include the following:
6
A. pedestrian access to the State Forest over a
portion of lots 5 & 6, '
B. Right of Way dedication easements for the
proposed roadway,
C. drainage easements for lots 1, 5 and 6,
D. documents for conveyance of parcel "A" to
the Town of North Andover. E
3
E. Individual unsigned deeds for all lots which
are encumbered with the above referenced
easements. These deeds shall explicitly
reference metes and bounds properly
describing said easement.
All documents shall be prepared at the expense of the
applicant, and shall have proper metes and bounds as
required by the Planning Boards Rules and Regulations
Governing the Subdivision of Land.
{
3. Prior to any lots being released, Bonds shall be posted to ,
ensure construction and/or completion of roadways, site
screening and other pertinent public amenities. These
bonds shall be in an amount as determined by the Planning
Board and shall be in the form of a Tri-Party Agreement, or
Pass Book.
4. An as-built plan and profile shall be submitted for review
and approval prior to the final release of DPW bond money.
PP
An interim as-built, certified by the design engineer,
verifying that all utilities have been installed in
accordance with the plans and profile shall be submitted
prior to the application of the binder coat of pavement. In
addition, all required inspection and testing of water,'
sewer, and drainage facilities shall be completed prior to
binder course paving. To insure compliance with this
1
.t,
condition, a bond in an amount to be determined by the
Division of Public Works shall be posted prior to the
release of any lots within this subdivision.
5. Any changes on the plans required by the North Andover
Conservation Commission may be subject to Modification under
Chapter 41 by the Planning Board.
6. There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set. It shall be the
developers responsibility to assure the proper placement of ,
the driveways regardless of whether individual lots are
sold. The Planning Board shall require any driveway to be .
moved at the owners expense if such driveway is at a
catch basin or stone bound position. Certification by a
Registered Professional Engineer will be required prior to �.
the issuance of a Certificate of occupancy.
f.
7 . Throughout the Right of Way, tree cutting shall be kept to a
minimum in order to reduce erosion and preserve the
natural features of the site. Accordingly, a no cut line
shall be placed on the Definitive Plans and approved by the
Planning Board. The developer in conjunction with a
registered arborist, or other professional as approved by
staff, shall submit a tree cutting and reforestation plan l
consistent with the provisions of Section 5.8 of the North l
Andover Zoning Bylaws ( The plan is only for areas of
substantial cutting and filling ) to be reviewed by the
Planning Staff prior to the applicant receiving a permit to t'
build on any lot within the subdivision. This Plan shall !,
explicitly include specific trees to be retained. Also, the
developer shall inform the Town Planner when any tree
cutting is to occur in order that the Planner may determine
the need to be to be present.
8. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
9. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
10. No underground fuel storage shall be installed except as may
be required by Town Regulations.
11. All drainage and sewage facilities shall be approved by the
North Andover Division of Public Works prior to the Planning
R
Board endorsing the record plans.
12. Prior to the release of any lot from the statutory covenant
the developer shall submit approved septic system designs to
the Planning Board and certify that the proposed grading of
said lot is in conformance with the Definitive Plan and
drainage calculations, and that said lot does not create ;
adverse flooding on an adjacent property.
{
j
v 13. The contractor shall contact Dig Safe at least 72 hours
1 prior to commencing any excavation.
14. Prior to a Building Permit being issued for an individual
lot, the following information shall be required by the
Planning Department:
A. A stop sign shall be placed at the intersection of the
proposed roadway and Campbell Street. Further, temporary
signs shall be posted at 350 feet in either direction of
that intersection which read, "Caution, Construction
Vehicles in Area."
B. Lot numbers shall be placed on all lots prior to the
commencement of construction.
15. Prior to a Certificate of occupancy being issued for an
individual lot, the following information shall be required
by the Planning Department:
A. All necessary permits and approvals for the lot in
question shall be secured from the North Andover Board
of Health.
B. As-built plans of the individual lots showing location
and final grades for all structures and septic systems.
z
C. All structures built within this subdivision shall have
residential fire sprinklers installed. Certification and
approval from the N.A.F.D. shall be required.
D. Permanent house numbers will be posted on dwellings
prior to occupancy. :
E. Certification that the roadway is constructed to at least
binder coat to properly access the lot in question.
F. All slopes on the lot in question shall be properly
stabilized.
t.
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
i.
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer i
File
.M,
APPICATION 'OR APPROVAL OF DSFINITIYZ"PLAN ;
Ajaril ,Nt349T...L. . r�
j To the Planning Board of the Town of North Andover:
The undersigned,
being'`the applicant as defined'uarder Chapter 41• Section
81-LI for approval of a proposed subdivision shown on a plan entitled
Typ4S WAY
by Andover -Consult s Tne� dated 'AAr ii i o
being land bounded as followss Se attachsrd " s rintion
hereby submits plan as a MINITIVE plan 'in accordance th the Rules and
Regulations of the; North Andover;Plsauiing Board and makes application to the
Board for approval of said plan. .
Title References North Essex Deedsy Book 1344, Page _299_; or
Certificate of Title.No. r Registration Book,_.,,_.# page.._...i Or
Others
Said plan has( ;0 has not( evolved from a preliminary Plan submitted to
the Board of S e . U ,19_ 89 and approved (,with I modifications) M
disapproved ( OA ? bruary
The undersigned hereby applies for the approval of said DSFINITUS 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 Andover,:Vou approval. of" said DIWINITIB plan by the
Boards
1. To install utilities in accordance with the rulas`and regulations of the
Planning Board, the Public-:Works.,Departmentj�`thw,Highway Surverr, the
Board of Health, and all general .as wsW as zoning`by-laws of said Town,
as,are applicable to the installation Of.'utilities within the limits of
ways and streets;
2. Toe plate and eonatrnet the;streets or ways"and�othsr improvements shown
thereon`.in accordance :with=Smctions`-Iv andoV the Rulea and'.Regalations '-
of the Planning Board and tha$approved'DSF1kVVTI1i1S',"plant'profiles and cross
sections of the,;same. Said"plans profiles,:.�cross sections and coristructiaas
specifications are epecifiaally,:aby>4reYerence, incorporated`herein and Bade
apart of this application.. 'This:appli.cation"and the 'covenants and agree
meats heroin'shall;be'binding�upon'�'all. heirs it'ir*mcutors, >adaainistratora,
` successors,`grantees of the',whole°�or, part,of said land, and assigns oY t "
undersigned; snd. ' ` '' t, ,
3. To` coaplete the aforesaid installations• '°construction wi two (2),�
years from the. date hereof. . rs
Rece#.vsd by Town Clerk:
,-
Dates ,
t
.i - : Ana.4 .F1' E+l i an1,W,YliY ,,,...�,.��..�r
Timex ...._... ..,
).T velonment.Corn ,�� ,..
Signature: Address 4(�; i,owell Road
„ Salem, NK
r `t
Notice to APPLTCAmr/TOWN CLERIC and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled:
Bys dated • 19 .�
The North Andover Planning Board has voted to APPROU said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land"• or otherwise provide security for the carr-
struction of ways and the installation of municipal services within said sub-
division, all as provided by'G L. c. 41, S.':81a *
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board• no building or other structure shall be built or placed upon Lots
No, as shown on said Plan without the prior
cons of said Board of Health.
4. Other conditions:
( 1
11 4
i
i
r
i
In the event that no appeal shall have been taken.from said approval within
tweay dqr from this date, the North Andover Planning .Hoard wiU forthwith
Sherved%er eedorse its #aawwl Appwotul wpm-fid p3m•
* * * e * +tee * e: �• weees:ee �ae * * * * ate * * * r * * er +: +► ww
The North Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
STH ANIM= PL&NNM BOARD
Dates Hys
esesWIN Is
Description of Land
"Lyons Way
North Andover , Mass .
Beginning at a point on the northerly side of Campbell Road at land
of Tetrault ; thence
Northerly by land of Tetrault 260 feet ; thence
Northeasterly by land of Tetrault 138 feet ; thence
Northwesterly by land of Commonwealth of Mass . 1277 feet ; thence
Southwesterly by land of Commonwealth of Mass . 290 feet ; thence
Southeasterly by land of Commonwealth of Mass . 1350 feet ; thence
Easterly by Campbell Road 230 feet to the point of beginning .
1
FORM E
CERTIFIED LIST OF ABUTTERS
April i6 _ , 1991
TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER:
The undersigned , being an applicant for approval of a Definitive
Plan of a proposed subdivision:.entitled - ons Way
submits the following sketch of the land in the subdivision listing the
names of the adjoining owners in their relative positions and indicating
the address of each abutter on the sketch or in a separate list , in -
cl udinq
n -cludinq owners of land separated from the bdivis ' on onl street .
S gnatuhe o A ican
"' 'Anastasios K oianis
Address TDJ Development Corp •
40 Lowell Road
a em,
19
TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER:
This is to certify that at the _time 'of the last assessment for taxation
made by the Town of North Andover, the names and addresses of the parties
owners to the parcel of land shown above were as
s adjoining
assessed a J
above written , except as follows : ; .
Assessor
LIST OF PARTIES OF INTEREST
MAP # PARCEL NAME ADDRESS
B 2 I(o Commvowat. 44 o i 14*55 - l7kroa 41-ZOV7 d
q5 l TuCopi Ko p t>, Ado.
(06 t� Ckri5iioe AA. TL`C?-Aus-i
106013 119 Paul FQI.B TA A. Gvt_i�� 5
(v 1 (f Pfrlp6C-LL PLD
Su AtiJrV' M • o3/ok)SZ)IV 1�.9MS
zo-r—ne�Lie
-41
andover
consultants I East River Place
�\ inc. Methuen, Massachusetts 01844
I
I
April 24 , 1991
Town Clerk VIA CERTIFIED MAIL
Town Hall NO. P 729 303 050
120 Main Street
North Andover , MA 01845
Notice is hereby given that the undersigned , on behalf of TDJ
Development Corp . , 40 Lowell Road , Salem, NH , has submitted a
definitive subdivision plan , via certified mail , on April 24, 1991 , to
the North Andover Planning Board for land off Campbell Road . The
subdivision is called "Lyons Way" .
This land is shown on assessors ' map 1068, contains approximately
9 .60 acres and is described in the attached application .
A copy of the completed Form C application and a list of abutters
is enclosed .
Sincerely ,
ANDOVER CONSULTANTS INC.
i
William S. MacLeod , R.E. , P.L. S .
President
WSM,mm
Enc
I
i
I
Civil Engineers Land Surveyors • Land Pbnraers
• DEVELOPMENT CORPORATION
I >` Land Developing
PLEASANT STREET, UNIT N1
METHUEN, MA 01844
(508) 975-7400 D
0300
Poo• 1-11a
January 30, 1990 - NMI N BARD
i
Town of North Andover
Planning Board
120 Main Street
North Andover, MA
To The North Andover Planning Board:
This letter shall serve as an extension granted to the North Andover Planning Board
until February 16, 1990 for the time required to act on the Lyons Way Preliminary
Subdivision Plan.
Very truly yours,
T.D.J. DEVELOPMENT CORPORATION;
astas os Ka ogi is .
President
V F
DEVELOPMENT CORPORATION
Land Developing
240 PLEASANT STREET, UNIT #1
METHUEN, MA 01844
(508)975-7400
1 1
f
3
�U i
November 2, 1989 {`�
Town of North Andover
Planning Board
120 Main Street
North Andover, MA 01845
To The orth Andover Planning Board:
This 'letter shall serve as an extension for the time to act on the Preliminary
Subdivision Plan for Lyons Way. Said extension is granted to December 15, 1989.
I
Very truly yours,
T.D.J. DEVELOPMENT CORPORATION
:fr
as asio Kalogi i
reside
1 >'
s
andover Wuv l
consultants QA;rlrL I 1 East River Place
inc. HORT, r �
'; '�Y£R Methuen, Massachusetts 01844
(508) 687-3828
OcT w i 0
V-4
September 29 , 1989
Town Clerk REGISTERED MAIL
Town Hall RETURN RECEIPT REQUESTED
120 Main Street
No . Andover , Mass . 01845
Notice is hereby given that on September 13 , 1989 , the
undersigned , on behalf of TDJ Development Corp . has submitted
a preliminary subdivision plan , via registered mail , to the
North Andover Planning Board for land on Campbell Road .
Said subdivision land is comprised of land shown on Andover
Assessor ' s Map No . 1068, lot Nos . 311 72 , and 155 through 160 , and is
tentatively called "Lyons Way" .
Attached is a copy of the Preliminary Plan application to the
Planning Board with a description of the land .
Sincerely,
ANDOVER CONSULTANTS IN .
William S. MacLeod , P. E. , P. L. S.
President
WSM/pch
Enc .
Civil Engineers • Land Surveyors • Land Planners
RECEIVES
DANIEL LONG
TOW,I C!_F>'K
FORM B MORTIi ,,H'jGVER
APPLICATION FOR APPROVAL OF A PRM MINARY PLA T 2 ID 10 AN `89
September 29 , 19 89
To the! Planning Board of the Torn of North Andover:
The undersigned, being the applicant as defined under Chapter 41g Section 81-.v
for approval of a proposed subdivision shown on a plan entitled
Lyons Way.
By Andover Consultants Inc. . dated September 7 , 198.2
being land bounded as follows:
See attached description
hereby submits said plan as a PRELIMINARY subdivision 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, Book134► Page X99, or
Certificate of Title No..# Registration Book Page.; or
Other:
Applicant Lgnat y
Received by Town Clerk.
Date: Applic is address Ana t si
TDJ Development Corp.
Time: 240 Pleasant Street, Methuen, Mass .
Signature: 01844
Owners signature and address if not the
applicant:
Same
Notice to APPLICANT/TOWN CLUX of Action of Planning Board on Preliminary
Subdivision Plan entitled:
By: dated
1. The North Andover Planning Board has tentatively approved said plant with-
out any modifications thereof,
2. The North Andover Planning Board has disapproved said plant for the
following reasons:
3. The North Andover Plannift Board has tentatively approved said plant
subject to the following modifications thereof:
Very truly yours,
NORTH ANDMm PLANNING BOARD
By
Date:
'Y
Description of Land
"Lyons Way
North Andover , Mass .
Beginning at a point on the northerly side of Campbell Road at land
of Tetrault ; thence
Northerly by land of Tetrault 260 feet ; thence
Northeasterly by land of Tetrault 138 feet ; thence
Northwesterly by land of Commonwealth of Mass . 1277 feet ; thence
Southwesterly by land of Commonwealth of Mass . 290 feet ; thence
Southeasterly by land of Commonwealth of Mass . 1350 feet ; thence
Easterly by Campbell Road 230 feet to the point of beginning .
FORM C
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
May 15 19 79
To the Planning Board of the Town of North Andover.
The undersigned, being the applicant as defined under Chapter el., 9ectien
81 L, for approval of a proposed subdivision shown on a plan entitled
Definitive Plan of Land of: Campbell Forest
by Frank C. Gelinas & Associates dated May 11, 1979
being land bounded as follow: on the North by Campbell Rd. & Land N/F of Collins,
Gamache, Newitt, Fundeklian, Samuel, Keenliside & Anderson; On the East by Land
NIP of Meyer, Barry, Ringdahl, LaChapelle & Richards; On the South by Land N/F
hereby submits said plan as a pan in accordance t the es an a w
Regulations of the North Andover Planning Board and makes application to the n r,
Board for approval of said plan, a
to
x (D
Title Reference; North Essex Deeds, Book1350page 673 or w w
Certificate of Title No. , Registration Book page.; or ¢
Other:
x
Said plan has�) has not( ) evolved from a preliminary plan submitted to a
the Board of April 22 1977 and approved (frith modifications) ( ) 0 �1
disapproved onu y , 19 77 u
mm
The undersigned hereby applies for the approval of said DEFINITIYM plan � o
by the Board, and in furtherance thereof hereby agrees to abide by the Board's 0
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plant by the
Board: o
M
1. To install utilities in accordance with the rules and regulations of the :
Planning Board, the Public Works Department, the Highwer Surv"er, the m
Board of Health, and all general as well as coning by-law of saiel Tem,
as are applicable to the installation of utilities within the Limits of
a+
ways and streets; o
2. To complete and construct the streets or pars and otheriwprarememts di o
thereon in accordance with Sections Iv and V of the Rules and Reg"isme o
of the Planning Board and the approved DEFINITIVE plan, profiles and cress
sections of the same. 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 care*- CD
menta herein shall be binding upon all heirs, executors, administrators,
successors, grantees of the whole or part of said land, and assigns of the rr
undersigned; and
3. To complete the aforesaid installations and construction within two (2) w
years from
theo
W� �r X-11 a
Received by To r
sn f
Date: S gnat a of icant
Time. T.D.J. Development Corp. o
Signature: 47 Bailey Road, Andover, MA 01810
0� r Address
Notice to APPLICANT/TOWN CLUK and Certification of Action of Planning Dowd
on Definitive Subdivision Plan entitled:
By: dated 19 —
w w w w * •
The North Andover Planwning Board has voted to APPROU sold plsh subjeet to the
following conditions:
1. That the record onners of the subject land for1w th ems* to and rem
a "covenant running with the land", or otherwise provide security for tbo ear
struction of wags and the installation of municipal services within said Mb-
division., all as provided by G.L. c. 41, S. 81-U.
2. That all such construction and installations shall in all respects .
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Hoard, no building or other structure shall be built or placed upon Lots
No. as shoran 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 Beard will forthwith
thereafter endorse its formal approvalopen said Plan.
* * * * * w w • * w • �► * * * * w w w w • www • • w • * * * w w * w w
The North Andover Planning Board has DISAPPROM said plan, for the following
reasons:
NORTH AMVM PLAMIG BOARD
'Date:
By:
DESIGNER'S CERTIPTOATI
May 35 X19 79
To The Planning hoard of the To%n of North Andover:
Definitive Plan of Land of:. Campbell
In preparing the plan entitled orest
I hereby certify that the above named plan and accempaatylag
data is true and corrdet to the aceuraey required by the
current Rules and emulations Governing the dubdivist0t of
Land in North •sdevers Hasesebmwttev aced' or 9~06 0.0
Information absent the loostism of bown6owles ameft sa said
plan were one or more of the following;
1 . ' Deed from Farr Better Homes •o T.D.J Develgx nAtt CC '
9/12/78
dated __zod rreerO" U tin
`— 1350 673
_. ietry in �....:..
2. Other plans, as fellove N•E.R.D. Plans #6749, #6820,
#5657, #5046, #5568, #5425,. #5166, #7249 & a plan by
Frank C. Gelinas & -Assoc. , dated Sept, -6, 1974.
3, Oral information furnished by
b. Actual measurement on the ground from a starting paiatt
established by Existing monumentation shown on above
mentioned plans
• y
5, Other sources
$Lau*&.
' ' (�istermd ltrstrs'sieorral �tseet ,
(Seal of 19ngiae �P�jHOkM+SS ® lista�+Ml Lead fiwt'ra7 �')
qran C. Gelinas
or Surveyor) o`er FRANK ��c
C.
MA
L3 GELINAS ^�. e '
,p No. 221380 a Wdr+ae
-,P0 FG
'PSIONAL�N6
Un W UBM
May 15, 79
To The Planning Board of the Tao of yorth Amdovers
The undersigned, being as appliemrt for approval of a definitive plays
of a proposed subdivision entitled Definitive Plan of Land of:
Campbell Forest, by Frank C. Gelinas & Associates, dtd. May 11, 1979.,.
submits the following sketch of the lased in the subdivision listing the nares of
the adjoin i,g owners in their relative positions and indioating the address of
each abutter on the sketch or is a separate list, including owsers of land
separated from the subdivision only by a street.
a
Gilbert H. , Jr. & Susanne K. Meyer
1 Campbell Road i " �,......._
North Andover, Mass.
T. .J.
Richard E. & Gloria A. Ringdahl Development Corp.
1929 Salem Street
North Andover, Mass. 47 Bailey Road, Andover, MJ. 01810
Guy N. & Carol Richards
2009 Salem Street
North Andover, Mass.
Elizabeth LaBelle f�....�...
34 Magnolia Drive
North Andover, Mass.
Farr Better Homes
1289 Salem Street
North Andover, Mass.
Robert J. & Joan I. Huard
197 Campbell Road
North Andover, Mass.
David A. Jr. & Susan M. Robinson
173 Campbell Road
North Andover. , Mass.
aul F.; & Alberta A. Collins
-1 Campbell Road
-th 'Andover, Mass. see attached continuation
sheet . . . . . .
List of Abutters
Camy�ejl Forest
Pa
Russell G. & Carolyn J. Gamache
149 Campbell Road
North Andover, Mass.
Caryl & June M. Newitt
133 Campbell Road
North Andover, Mass.
Arthur S. & Lillian M. Fundeklian
121 Campbell Road
North Andover, Mass.
Joseph M. & Sharon A. Samuel
111 Campbell Road
North Andover, Mass.
Paul D. & Louise Keenliside
95 Campbell Road
North Andover, Mass.
John T. Anderson
83 Campbell Road
North Andover, Mass.
Commonwealth of Massachusetts
State House
Boston, Massachusetts
FRANK C. GELINAS
I REGISTERED PROFESSIONAL ENGINEER
REGISTERED LAND SURVEYOR
NORTH ANDOVER OFFICE PARK
ASI ANDOVER STREET
NORTH ANDOVER. MA". 01049
TELEPHONE 687.1403
May 15, 1979
T.D.J. Development Corporation
47 Bailey Road
Andover, Massachusetts
Attention: Mr. Arthur Kalogianis
(Reference: Soil Testing
Dear Mr. Kalogianis:
In compliance with your request, I have conducted percolation
tests and test pits on a parcel of land known as Campbell
Forest located in North Andover, Massachusetts. These tests
were performed during the summer and fall of 1978 and the
results of said tests are for subdivision purposes only and
are not to be used for design. The results of my findings are
attached.
If you have any questions, please do not hesitate to contact
me.
Yours truly,
Frank C. Gelinas
Registered Professional Engineer
/scp ,
enclosure
• ENVIRONMENTAL ENGINEERING
• STRUCTURAL ENGINEERING
• CIVIL ENGINEERING
• PROPERTY AND TOPOGRAPHICAL SURVEYING
Soil Profiles & Percolation Test Data
Campbell Forest Subdivision
Campbell Road North Andover
Owner: T.D.J. DevelgMen
Page 1 of
TEST AREA #1
Test Pit - 6/27/78 Percolation Data - 9/26/78
0"-36" Top & Subsoil Depth 40"
36"-96" Bony, Silty, Sand 12"-9" 19 min.
96" No water 9"-6" 27 min.
TEST AREA #2
Test Pit - 6/27/78 Percolation Data - 9/26/78
0"-24" Top & Subsoil Depth 34"
24"-96" Very bony silty sand 12"-911 15 min
96" No water 9"-6" 24 min.
TEST AREA #3
Test Pit - 7/6/78 Percolation Data - 9/21/78
0"-18" Top & Subsoil Depth 42"
18"-96" Very bony silty sand 12"-9" 11 min.
96" No water 9"-6" 18 min.
TEST AREA
Test Pit - 7/6/78 - Percolation Data - 9/26/78
D"-18" Top & Subsoil Failed
18"-96" Very bony silty sand Excess 30 min/inch
96" No water
TEST AREA #5
Test Pit - 7/6/78 Percolation Data- 9/25/78
0"-12" Top & Subsoil Failed
12"-96" Very stony silty sand Excess 30 min/inch
much broken stone
96" No water
TEST AREA #6
Test Pit - 7/6/78 Percolation Data - 9/25/78
Q"-18" Top & Subsoil Depth 36"
18"-66" Very bony silty sand 12"-9" 9 min.
36" - high ledge 9"-6" 14 min.
66" - low ledge
72" No water
Soil Profiles _& Percolation Test Data
Campbell Forest subdivision
Campbell Road, North Andover
Owner: T.D.J. Development
Page 2 of 4
TEST AREA #7
Test Pit - 7/6/78 _Percolation Data - 9/25/78
0"-18" Top & Subsoil Depth 4111
18"-66" Rocky silty sand 12"-9" 21 min.
48" - high ledge 911-6" 33 min.
66" - low ledge
72" No water
TEST AREA #8
Test Pit - 7/6/78 Percolation Data- 9/25/78
0"-18" Top & Subsoil Failed
18"-66" Rocky silty sand Excess 30 min/inch
36" - high ledge
66" - low ledge
66" No water
',TEST AREA #9
Test Pit - 7/6/78 Percolation Data - 9/25178
0"-18" Top & Subsoil Depth 40"
18"-84" Very bony silty sand 12"-9" 7 min.
60" - high ledge 9"-6" li min.
84" - low ledge
84" No water
TEST AREA #10
'fest Pit - 7/13/78 Percolation Data —4/25/78
0"-24" Top & Subsoil Depth 36"
24"-90" Very bony silty sand 12"-9" 19 min.
9011 No water 9"-6" 31 mina
TEST AREA #11
Test Pit - 7/13/78 Percolation Data - 9/25/78
0"-24" Top & Subsoil Depth 38"
24"-96" Very bony silty sand 12"-9" 12 min.
96" No water 911-611 12 min.
TEST AREA #13
Test Pit - 7/13/78 Percolation Data -9/26/78
0"-24" Top & Subsoil Depth 40"
24"-96" Very bony silty sand 12"-9" 7 min.
96" No water 9"-6" 12 min.
§oil Profiles & Percolation Test Data
Campbell Forest Subdivsion
Campbell Road, North Andover
Owner: T.D.J. Development
Paae 3 of 4
TEST AREA 14
Test Pit - 7/13/78 Percolation Data - 9/26/70
0"-24" Top & Subsoil Failed
24"-102" Very bony silty sand Excess 30 min/inch
102" No water
TEST AREA #15
Test Pit - 7/13/78 Percolation Data - 9/26/78
0"-24" Top & Subsoil Depth 48"
24"-102" Very bony silty sand 12"-9" 26 min.
102" No water 9"-6" 45 min.
TEST AREA #16
Test Pit - 7/13/78 Percolation Data - 9/29/78
0"-24" Top & Subsoil Depth 40"
24"-90" Very bony silty sand 12"-9" 32 min.
54" - high ledge 911-6" 48 min.
90" - low ledge
90" No water
TEST AREA #17
Test Pit - 7/13/78 Percolation Data - 9/29/78
011-2411 Top & Subsoil Depth 36"
24"-102" Very bony silty sand 12"-9" 30 mina
202" No water 9"-6" 42 min
'FEST AREA #18
Test Pit - 7/13/78 Percolation Data - 9/22/78
/78
0"-24" Top & Subsoil Depth 41"
24"-84" Very bony silty sand 12"-9" Excess 30 min/inch
84" No water 9"-601 Excess 30 min/inch
TEST AREA #19
'fest Pit - 7/13/78 Percolation Data - 9124/78
0"-24" Top & Subsoil Depth 40"
24"-108" Very bony silty sand 12"-9" 30 min.
108" No water 9"-6" 35 min.
,TEST AREA #20
Test Pit - 7/13/78 Percolation Data - 9/29/78
0"-24" Top & Subsoil Depth 42"
24"-84" Very bony silty sand 12"-0" 34 min.
72" Water 9"-6" 46 min.
Soil Profiles & Percolation Test Data
Campbell Forest Subdivision
Campbell Road, North Andover
,owner: T.D.J. Development
PaQe 4 of 4
TEST AREA #21
Test Pit -7/13/78 Percolation Data - 9/29/7a
0"-24" Top & Subsoil Depth 42"
24"-84" Very bony silty Sand 12"-9" 29 min.
84" No water 9"-6" 41 min.
Oversized Maps on file with the Town