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HomeMy WebLinkAboutLONG PASTURE REALTY TRUST i MassachmttsDepartment ofEnvironlwtoaiPrOtectioaLong Pasture DEP File Number _ Bureau of Resource Protection— Wetlands #1 AMENDMENT Estates 242-441 WPA Form 5 - Order of Coliftons for DEP use only and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw. Applicant Information From: The Notice of Intent for this project was filed on: NORTH ANDOVER 10/27/87. 1993' consavetrogcamrssiar rhe For. The public hearing was closed on: 242j441 November 4, 1987 �fuemeer LIM To: ~" S t ephn Crowley Title and Date of final Plans and Other Documents: mamma" Amendment fl. Plans entitled 138 V�rginia Avenue - rtrmfatg "Conservation Order of Conditions Lowed , MA 01852 0)ftw Modification of Plans for Lot T use apco* Long Pasture ' dated October 6. _1229 The projlect Site is boated at REV. 0. North''' Andover AM*= / F'artel2IX/ .. and the property is recorded at the Registry of Deeds for. Essex 1551 90 CAM pay eetiAiaa regis�ed� Tinglings , Furthermore.this Commission hereby finds that the p%jaCt,as Findingslpusuant to the Massachusetts Wetlands proposed,is: ProtK*Act: (check one of the following bona's) Following review of the above-referenced Notice of Intent Approved subject to and based on the information provided in this applitzion and presentedat the public hearing,this commission funds ttrat the ® the following conditions which are riec Ossary,in accordance area in which work is proposed is signific"to the following with the performance standards set forth in the wallands Wetlands Protection Act check all that apply): regulations,to protect those interests checked above. This interests of the ( PPIY all the work shall be In -Com mtssiorn orders that performed 91 Public Water Supply accordance wgh the Notice of Intent relarenced aba+re. the 91 Private ater Supply fbkN&g General Conditions,and any other specie E Mrowclwater Supply conditions attached to this Order.To the extent that the E bop Control following conditions modify or differ from the plans. �° ficat�ns,or other proposals subrnitted with the Notice ❑Land Containing Shellfish I!Tfishories! of Indent.these conditions stall control, Mtorrn DImage Prevention wrevemiqn of Pollution UProteetioh of Wildlife Habitat 242-441 Massachtis+ettsQepartmentofEnvironmenta!Protection Long Pasture Estates Bureau cfResource Protection-Wetlands AMENDMENT TO WPA Form 5 - Order of ConAftfts and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Findings (cont) debris,including but not limited to lumber,bricks,plaster, Denied because: wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators, motor vehicles,or parts of any of the foregoing. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative to protect those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an on this project may not go forward unless and until a new appeal has been taken until all proceedings before the Notice of intent is submitted which provides measures Department have been completed. whit are adequate to protea these interests,and a final Order of Conditions is issued. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or ❑ the indarn?adon submitted by the applicant is not sufficient the lard Court for the district in which the lard is located, to describe the site,the work,or the effect of the work on within the chain of title:of the affected property. In the cam the irrtere$ts identified in the Wetlands Protection AcL of recorded lard,the Finial Order shall also be rioted in the Therefarej work on this project may not go forward unless Registry's Grantor index under the name of the owner of the and until a revised Notice of Intent is submitted which lard upon which the proposed work is to be done. In the provides sufficient information and includes measures case of registered lard,the Final Order shall also be noted which are adequate to protea the Act's interests,and a fetal on the lard Court Certificate of Tule of the owner of the Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording inforroa*which is lacking and why it is necessary is information shall be submitted to this Conservation attached to this Order as per 310 CMR 10.05(b)(c). Commission on the forth at the end of this Order,which _ farm must be stamped by the Registry of Deeds,prior to the General Conditions cornmencemeM of the work. 1. Failure to ly with all conditions stated herein and with 9. A sign shall be displayed at the site not less than two square Lrelated�trtes and other regulatory measures,shall be feet or more than three square feet in size bearing the deemed m revoke or modify this Order. words. "Massachusetts Department of Environmental Protection" 2. The Order does not grant arty property tights or any for,"MA DEP'j"Fine Number exclusive privileges,it does not authorize any injury to 242-441 private property or invasion of private rights. 3. This Orderldoes not relieve the permbee or any other person of the necessity of complying with all Wier applicable federal,state,or local statutes,ordmances; t0,Where the Department of Environmental Protection is bylaws,or regulations, requested to issue a Superseding Order,the Conservation Commission shell be a party to all agency proceeding and 4. The work attth prized hereunder shall be completed within hearings bei the Department three years from the date of this Order uniess either of the following a�Ply 11.uQexr completion of the work described herein,the applicant (a)=m is a maintenance dredging proms as pmv� shag submit a Regrx�for Certificate of Compliance(WPA for in the;pA}}�x or Form 8A)to the Conservation Commission. (b)the time for completion has been extended to a specified date more than three years,bit less than five 12.The work shall conform to the following atter plans and years fi o the date of issuance. if this order is intended special conditions: to be validOr more than three years,the exte tint date and the sPecial circumstances wa3rrar"the extended Fnai,approved Plans(attach additional plan references as time period am set forth as a special condition in this needed): Order. _ Conservation DOC Modification of Plans for Lot 7 Long Pasture. S. This Order day be extended by the issuing authority for raa one or more periods of up to three years each upon October 6, 1999, REV. 4/3/00 application to the issuing authority at least 30 days prior to 1 the expiration date of the Order. Phil Christiansen, P.E. 6. Any fill used in connection with this project shall be clean sy,arandsnxdby fill. Any RD Il contain m trash,refuse,rubbish,or NACC i OnAkwMft i Massachusetts Department of Environmental Protection 242-441 )'as tune Estates Bureau of Resource Protecdon- Wetlands it AMENDMENT TO WPA Form 5 = Order of Coffld ions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Findings (cont.) This Order is valid for three years,unless otherwise specified On this as a special condition pursuant to General Conditions#4, 5th from thedate of issuance. April 5, 2000 day of April Dae moo This Order must be signed by a majority of the conservation 2000 commission.The Order must be mailed by certified mail ter (return receipt requested)or hand delivered to the applicant. before me personally appeared - A copy also roust be mailed or hand delivered at the same – Albert P. Manzi, Jr. time to the appropriate regional office of the Deparmentof Environmental protection. to me knower to be the person described in and who executed Signatures the foregoing instrument and acknowledged the helshe executed the same as hislter free act and deed.71 – 614 ` This Order is issued to the applicant as 611ovim, . — ❑ by hand delivery on Daum 8K bye mait�� on - April ,ti,. 2000 Dere A�peats The applicant,Ithe owner,any person aggr�ved by this Order, The request shall state clearly art!rxmasefy the 0bjectiahs to any owner of lend abutting the land subject to this Order,or the Order which is being appealed and how the.Order does not any ten result*of the city or town in which such land is contribute to the protection of the interests identified in the located are hereby notified of their right to request the Massachusetts wetlands Protec Wn Act(M.G.L.G 131,§40 appropriate Department of EnvirorhnvirW Protector Regional and is incorsistert with the wedands regulations(310 CMR Office t0 isstela Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a rnmmicipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts wetands Protection Act Department,with the appropriate filir g fee and a completed or regulations.the Department of-Environmertal Protection hes Appendix E:,Piequest for Departmental Action Fee Transmittal no appellate jurisdiction. , Form,as provided in 310 CMR 10.03(7)within ten business days from the data of issuance of this Order.A copy of the request shalt at the same time be sent by certified mail or hand delivery t0 the conservation commission and to the applicant, if he/she is n%ft appellant. n......A.$C • Massmchusetts Deparbnent of Environmental Protection 242-441 Bureau of Resource Protection-Wetlands AMENDMENT TO Long Pasture Estates WPA Form 5 - Order of CoddMons and North Andover Wetland Massachusetts Wetlands Protection ACt M.G.L. C. 131, §40 Protection Bylaw. P Recording Information This Order Of Conditions must be recorded in the Registry of Deeds or the Land Court far the district in which the land is located.within the chain of title of the affected property. In the case of reodrded land,the Final order shall also be noted in the Registry's Grantor Index under the name of the owner of tie land subj to tie Order.In the case of registered land,this order shall ilso be noted on the Land Court Certfk=of Title of the mie r of the land subject to the Order of Conditions.The recording' formation shall be submitted to the NORTH ANDOVER Cor�varmission on the fbrmlbebw,which must be stamped by the Registry of Deeds. Detach an dotted line and submit to the Conservation Commission. -- _.---------- ------�--------- To: Camrs�an i Please be a"that the Order of Conditions for the project at AnJe2loc�can UEpffkAtMAW i has been recorded at the Registry of Deeds of ComMY and has been rotted in the chain of title of the affected property in ebakr I F in accordance with the Order of Conditions issued an Dae If recorged Ihnd,the instrument number which identifies this transaction ursoGmemnhxnber If registered hand,the document number which identifies this transaction ooamr j sigmrtsc App9onr Massac#usetts Department of Environmental Protection 242-441. Bureau of Resource Protection- Wetlands Long Pasture Estates WPA Form 7 - Extension Permit for Orders of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c.. 131, §40 Protection Bylaw. Applicant Information 1. Applicont: I Stethen Crowley, Crowley 'Const. & Gen. Contracting, Inc. Name 'i North Andover Cirylfofsde Mah 25, 1996 Dat@of ofC0tWkmis%W0 2Y+2 441 D£PFdemba FiWing Information From: Nd`rth Andover Commission To:-(Alioint) (Property Owner) " Stephen Crowley Sandy Bill Realty Trust Naas'©fA leant ftWU/Aaperly0w1 I1 8 Virginia Avenue 21 Cornwell Street 1 well, MA 01852 Somerville, MA city/ro" stare LpCode CAp/roxm swe rip code i The Ordersf Conditions(or Extension Permit)issued March;'25, 1996 on(date) Stephen Crowley,Crowley Const. & to Geii ontractin , Inc. (name of applicant),DEP File No. 242-441 Long Pasture Estates (Forest Street) for work at ' (Street address;andiAssessors Map/Plat, Parcel&Lot#s) recorded at the Registry of Deeds for Essex Inst. .# 6981 (County)g�htnc A3AgvCertificate(if registered land) is hereby eMended for a period of- 1 (one) year(s)from the date it expires(not more than 3 years from the expiration date of the Order f Conditions or the latest extension thereof,only unexpired Orders of Conditions or Extension Permits may be extended). Date that Order was last extended(if applicable) March 25, 20gQate), This Extensi6n will expire on March 24 2001 (date). n......, .a n II I AftwachusettsDqarownt of EnrirvanxWal Protection 242-441- Bureau of Resource Protection- Wetlands Long Pasture Estates WPA Form 7 - Extension Permit for Orders of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Finding information (cont.) On this 1st Issued by: North Andover day of croscveuon cammmm March Aftrnb This Order of Conditions Extension must be signed)by a 2000 majority of the conservation commission and a copy sent to year the applicant and the appropriate DEP Regional O (see before me personally appeared Appendix A). Albert P. Manzi, Jr. Signature(s): to me known to be the person described in and who executed the forming instrument and acknowledged that helshre executed the same as hisAw free act and deed. I December 11, 2003 �0 Arymmimssranegwes �� \ Redding CDlr0madon The applicant shall record this documert in acco M with Order of Conditions)in the Registry of Deed or the Land Court General Condition 8 of the Order of Conditions(see below), for the district in which the lard is located,within the chain of complete the form attached to the bottom of this Extension title of the affected property. In the case of recorded land,it Permit,have it stamped by the Registry of Deeds,and return it shall be rated in the Registry's Grantor Index under the name to the conservation commission. of the owner of the lard upon which the proposed work is to be done. In the case of registered land,it shall also be noted on Note:General Condition 8 of the Order of Conditions requires the Land Court Certificate of Title of the owner of the land upon that the applicant,prior to commencement of work,to record which the proposed work is done. the final Order(or in this case,the Extension Permit for the Detach on dotted line and submit to the conservation commission prior to the expiration of the Order of Conditions subject to this Extension Permit. —.--------------�---------------- To: in accordance with General Condition 8 of the original Order of Conditions on cmusverfmCanmissM Please be advised that the Extension Permit to the Order of Doe Conditions for the project at soak Page Rajartora6ar If recorded lard,the instrument number which identifies this transaction is DEPRemni ba knnarerAt mbc has been recorded at the Registry of Deeds of If registered land the document number which identifies this transaction is cowryDiAmrMNAbaw and has been noted in the chain of title of the affected property ApprmpR Sigrarrpe n.... .nra+ n......�..c n AbmdmwftDeparManrofEm►monemtdAvoctkw 242-441 Bureau of Resource Protection- Wetlands WPA Form 7 - Extension Permit for orders of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw. ' 0�wacaw Imumatuorr 1. Applicant: Stephen Crowley, Crowley Const & Gen Contracting, Inc. NM!' Notth Andover alste March 25 1996 Dare aaaafctnditM1sspnce 24 -441 WN n obw ' nding Infiolmatlon From: 0 TH ANDOVER CanrMsvon i y� To: (Applicant) (Property owner) St Phen Crowley _ Sandy Bill Realty Trust- None Applicant — —.— AbwofRnpWOrma 13 Virginia Avenue 21 Cornwell Street AST Adams AWTOAda M Lo#ell, MA - 01852 Somerville MA Sm up co* csry/rown Stara up CM The Order of Conditions(or Extension Permit)issued March 25, 1996 on(date) to Liha Flynn, Trustee (name of applicant),DEP File No. 242-441 for work lat Long Pasture Estates (Forest Street) (Street address and Assessors Map/Plat, Parcel&Lot#s)recorded at the Registry of Deeds for Essex (Courrty�Book 1551 Page 90 Certificate(if registered land) is hereby extended for a period of 1 (one) year(s)from the date it expires(not more than 3 years from the expiration date of the Oder of Conditions or the Fest extension thereof,only tmexpired Orders of Conditions or Extension Permits may be exteml�). Date d*Order was last extended(if applicable) NSA (date). This Extension will expire on March 25, 2000 (date). Masswhluetts Qepartmat of Environmental Protection 242-441 Bureau of Resource Protection- Wetlands WPA Form 7 - Extension Permit for Orders of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. • Finding lnfamation (cont.) On this 3rd Issued by: NORTH ANDOVER day of February CorwwdanConeni*n Mord, This Order of Conditions Extension must be signed by a 1999 commission of the conservation conission and a copy set to Y� the applicant and the appropriate DEP Regional Office(see before me personally appeared Appendix A). Albert P. Manzi, Jr. Signature(s): to me kraNm to he the person described in and who executed the foregoing instrument and admawledged that t he/sheeeexecuted the same as f&4w free art and deed. eaayyavmiic vo December 11, 2003 A.4 Li __ _______ Myrmrmrsgan Recanwng carrmation The applicant shall record this document in accordance with Order of Conditions) in the Registry of deeds or the Land Court General Condition 8 of the Order of Conditions(see below), for the distrix in which the land is located,within the chain of complete the form attached to the bottom of this Extension title of the affected property.In the case of recorded land,it Permit,have it stamped by the Registry of Deeds,and return it shall be rioted in the Registry's Grantor Index under the name to the conservation commission. of the owner of the land upon which the proposed work is to be done. In the case of registered land,it shall also be rioted on Note:General Condtion 8 of the Order of Conditions requires the Land Court Certificate of Tide of the owner of the land upon that the applicant,prior to commencement of work,to record which the proposed work is done, the final Order(or in this case,the Extension Permit for the Detach on dotted line and submit to the conservation commission prior to the expiration of the Order of Conditions subject to the Extension Permit. -- ------------- -&L To: in accordance with Gerimal Condition 8 of the original Order of Conditions on ranriaiaBoa caimissian Please be advised that the Extension Permit to the Order of Do Conditions for the project at Had Pie Aeyecrcocadaa If recorded land,the instrument number which ice tifies this transaction is DEPRIeMmder h0um,tAbsber has been recorded at the Registry of Deeds of 9 registered land,the document number which identifies this transaction is and has been mated in the chain of tale of the affected property Apprw;ats,;grmre n.... '^nn Aftsmieftsetts AeparUnent of Fns kImm efrtal AvactA rf 242-441 Bureau of Resource Protection- Wetlands WPA Form 7 - Wension Permit for Orders of Conditions and North Andover Wetland MassachusettsWetlands ProtectionActM.G.L. c. 131, §40 Protection Bylaw. ` Applicant Information �. Applicant: Stephen Crowley, Crowley Const & Gen Contracting, Inca Deme North Andover obvTowash March 25, 1996 DAV afft rof CaX MM hSWX 9 242-441 DEPFAeAkunba • Finding Irmation From: NORTH ANDOVER C&WVaWff Camnszav ar(Applicant) (Property owner)` Stephen Crowley Sandy Bill Realty Trust, l rrearApµ4iax Ab=0(PMpnty0rner 138 Virginia Avenue 21 Cornwell Street nrsu�na s WIMAOM Lowell MA . 01852 Somerville MA ClYTOWSto b)cO* CRYTOW Cq* �he Order of Conditions(or Extension permit)issued- March 25 1996 on(date) Ito Litha Flynn, Trustee (name of applicant),DEP File No, 242-441 work at Long Pasture Estates (Forest Street) —(street address and Assessors Mao/Plat, Parcel&Lot#s)recorded at the Registry of Deeds for Essex (County)Book 1551PAP 90 Certificate(if registered land) is hereby extended for a period of 1 (one) year(s)from the date it expires(rot more than 3 years from the expiration date of the Order of Conditions or the list extension thereof only unexpired Orders of Conditions or Extension Perms may be extended). Date that Order was last extended(if applicable) NSA (date). March 25, 2000 This Extension will expire on (date). Massachusetts DeparOwnt of Enrkmwntal Protection 242-441 Bureau of Resource Protection- Wetlands WPA Form 7 - Extension Permit for Orders of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Finding Information (cont) On this 3rd Issued by: NORTH ANDOVER �9i<.. February Cassa *nCa==W Akron ay This Order of Conditions Extension must be signed by a 1999 majority of the eonswMion commission and a copy sent to m the applicant and the appropriate DEP Regional Office(see before me personally appeared Appendix A)` Albert P. Manzi, Jr. Sigrattxe(s): /�yf to rate known to be the person described in and who ex the foregoing instrtmhentand acknowledged that halshe executed the same as his(her free act and deed. December 11, 2003 - ; ANonewses r The applicant shall record this document in accordance with Order of Conditions)in the Registry of Deeds or the Land Court lill . General Condition 8 of the Order of Conditions(see below), for the district in which the land is located.widun the chain of complete the form attached to the bottom of this Extension title of the affected property. In the case of recorded land,it Permit,have it stamped by the Registry of Deeds,and return it shall be rated in the Registry's Grantor Index under the name to the conservation commission. of the owma'of the land Cupar which the proposed work is to be donne. In the case of registered land,it shall also be noted on Note:General Condign 8 of the Order of Conditions requires the Land Court Certificate of Title of the owner of the land upon that the applicant,prior to commencement of work,to record which the proposed wait is done. the final Order(or in this case,the Extension Permit for the Detach on dotted lira and submit to the conservation commission prior to the expiration of the Order of Conditions subject to this Extensor Permit. ---------------�-------------- To: in ac ordarrce with General Cmdition 8 of the origirml Order of Conditions on Cmaerd6onC�nraisskn Please be advised that the Extension Permit to the Order of DM Conditions for the project at am* Page [ If recorded land,this instrument number which idaritifies this varsaCtion is n7E ReAkanker kOUSM#Atff has been recorded at the Registry of Deeds of If registered land,the document number which identifies this transaction is C&M mrumarermbff and has been noted in the chain of tide of the affected property ,9rrsyenrue iI r f' Y E EAAD ,j COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIALJQPPT : 67 PY ESSEX DIVISION i� DOCKET #94-2019 J LITHA FLYNN, TRUSTEE OF LONG PASTURE REALTY TRUST, and I-"1Lo0 ROBERT H. MINASIAN, TRUSTEErJ �� jr--� ' OF ESSEX REALTY TRUST, and „moon- /J DAVID MINICUCCI , TRUSTEE OF MAIN STREET REALTY TRUST VS: AGREEEMENT FOR JUDGEMENT ( TOWN OF NORTH ANDOVER, and RICHARD NARDELLA, JOSEPH � MAHONEY, RICHARD RIOWEN, ' JOHN SIMONS and JOHN DAGHLIAN, IAS MEMBERS OF THE PLANNING ( BOARD OF THE TOWN OF NORTH ANDOVER Now come all parties and do hereby agree for the entry of judgement as follows: 1 . This Agreement shall be reviewed and entered as an Order of the Court. 2. The Defendant Planning Board of the Town of North Andover has voted to approve an "Amendment to Definitive Subdivision Conditional Approval" at its meeting of June 61 1995, which document is attached hereto as Rxhibit A iw . and incorporated b reference. RALPH RR.JOYCE: P Y 95 MAIN STREET - NORTH ANDOVER,MA 01$45 - (508)685-4555 FAX:(508)6853148 The Plaintiffs shall comply with all terms of and with all provisions as further shown on a plan entitled "Definitive Subdivision Plan 'Long Pasture ' Located in North Andover" record owner and applicant Long Pasture Realty Trust, Litha Flynn, Trustee, 8200 Lake Shore Drive, Apt. 202, Hypoluxo, F1. , said plan dated May 1 , 1995, revised June 11 1995 to be recorded in the North Essex Registry of Deeds . ! 4� The North Andover Planning Board shall endorse forthwith the said plan upon approval of this Agreement for Judgement and entry as an Order of the Court and does e her by further stipiulate that the conditions co precedent to I ' the endorsement of the plan as defined in Exhibit A have been met . i I 5I,, This matter is dismissed with prejudice in consideration of this Agreement for Judgement as to all claims, counterclaims, cross-claims and as to all matters as may be brought forward hereunder against all parties in either their municipal or individual capacity with all costs , interest, legal fees and appeals herefrom waived. signed this f/�T day of 1995 . LAW OFFICES OF RALPH R, JOYCE Oyu OF NORTH ANDOVER LITHIA FLYNN, TRUSTEE OF 95 MAIN STREET ]RTH ANDOVER,MA 01845 ! ORTH ANDOVER PLANNING LONG PASTURE REALTY TRUST, - (508)685.4555 WARD FAX:(508)685.3149 i i f ROBERT H. MINASIAN, TRUSTEE OF 'b their attorney, ESSEX REALTY TRUST j ' bAVID MINiGUCCI , TRUSTEE OF MAIN STREET REALTY TRUST J E B. BARD $ # o,2c?tgo 7by th ' r ttorne IK pelman & Paige 1 1 Arch Street B Ston, MA 02110-1137 Zol LP R. -jft6E BBO #255000 95 Main Street North Andover , MA 01845 ( 508) 685-4555 i i I LAW OFRCES OF RALPH R.JOYCE 95 MAIN STREET ,ORTH ANDOVER.MA 01845 (508)5854555 FAX:(508)6853148 ENRIBIT A Long iP sture Amen�n nt to the Definitive subdivision Conditional Approval PP The P1a nin Board herein approves Definitive g pp this Amendment to the efi e Subdiv sion Conditional Approval for Long Pasture issued on April 1, 198 This amendment is the result of the settlement of the casein Lithe Flynn, Trustee, et als. v. Town of North Andover, et als. ,i sex Superior Court C.A. No. 94-2019. This endment reduces the number of lots from 11 to 8 and increa es the area of the lots from 1 acre to 2 acres. The amendment does not alter the roadway layout. I This 1 amended decision supersedes all prior decisions for this subdivision. 1. IP for to endorsement of the plans by the Planning Board the applicant shall provide the Planning Office with a draft c nservation restriction for review. The conservation r striction will cover a portion of Lots 11 2, and 3 as shown o the plan. This conservation restriction will subsequently b submitted to the Executive Office of Environmental Affairs f r approval. 2. 1e following documents were reviewed and approved as part of 'this amendment: I aj A covenant (FORM I) securing all lots within the subdivision for the construction of ways and municipal services. Said lots may be released from the covenant upon the posting of security as requested in Condition 5(c) . b� Right of way easements for the proposed roadway. c� A Conveyance of Easements and Utilities (FORM M) for all utilities and easements placed on the subdivision. Specific reference was made to the twenty (20) foot water easement over lots 3 and 4. 3. T e following items were added to the plan as part of this a endment: a The erosion control line. b� Additional spot elevations on Lot 1. C Grading for the watermain on Lot 3. d� The Limit of Work and Limit of Tree Clearing line. i I 4. ;1 for to the start of construction: a. The plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. b. Three (3) complete copies of the recorded plans and two (2) copies of the following recorded documents must be submitted to the Planning Office: Subdivision Approval, FORM I Covenant, FORM M Utility Easement, Roadway Easement. LAll proposed grading and construction activity shall be completed in accordance with approved plans. d.j The ditch along Forest Street must be pitched and constructed to insure that the stormwater run-off from the site flows into the drainage easements located on Lots 1 and 8. e� All erosion control measures must be in place and reviewed by the Town Planner. A complete set of signed plans, a copy of the Planning Board decision, and a copy of the Conservation commission Order of Conditions must be on file at the Division of Public Works prior to issuance of permits for connections to utilities. The subdivision construction and installation shall in all respects conform to the rules and regulations and specifications of the Division of Public Works. g} Tree cutting shall be kept to a minimum throughout the project in order to minimize erosion and preserve the natural features of the site. In order to limit the tree clearing on site, yellow "caution ' tape must be installed along the Limit of Work and Limit of Tree Clearing as shown on the plan. Prior to any clearing, the Town Planner must review this line. If the applicant removes any vegetation outside of the Limit of Work and Limit of Tree Clearing line as shown on the plan, the applicant shall submit a tree cutting and reforestation plan prepared by a registered arborist to the Planning Board for review and approval. Tree cutting in the approved utility easements shall be kept to a minimum and within the easement. Any trees removed outside the easement lines will be replaced by the same species prior. to lot release. 5. Prior to any lots being released from the FORM I covenants: , ail. All site erosion control measures required to protect off 2 i site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall determine whether the applicant has satisfied the requirements of this provision prior to each lot release and shall report to the Planning Board prior to a vote to release said lot. h. The applicant must submit a lot release FORM J to the Planning Board for signature. i IC. A Performance Security (Roadway Bond) in an amount to be determined by the Planning Board, upon the recommendation of the Department of Public works, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. Items covered by the Bond may include, but shall not be limited to: i. as-built drawings ii. sewers and utilities iii. roadway construction and maintenance iv. lot and site erosion control V. site screening and street trees vi. drainage facilities vii. site restoration viii. final site cleanup 6. P for to a FORM U verification (Building permit) for an i dividual lot, the following information is required by the P anning Department: a� All septic system designs shall be approved by the Board of Health. ;b� A plot plan for the lot in question must be submitted, which includes all of the following: i. location of the structure, ii. location of the driveways, iiia location of the septic systems if applicable, iv. location of all water and sewer lines, V. location of wetlands and any site improvements required under a NACC order of condition, vi. any grading called for on the lot, vii. all required zoning setbacks, including buffer zones and no-cut lines, viii. location of any drainage, utility and other easements. cF All appropriate erosion control measures for the lot shall be in place. Final determination of appropriate measures shall be made by the Planning Board or Staff. 3 d. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. e. The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. The Town Planner shall verify this information. If. Lot numbers, visible from the roadways must be posted on all lots. g. Minimum, floor elevations shall be set at lease two feet higher than the spring watertables. h.l Lot 2 shall not be built upon until such time as the binder course is applied to the road and field conditions verify that there are no flooding conditions that interfere with the house and septic system as designed for this lot. Field conditions will be verified by the engineer for the applicant and the Division of Public Works. In the event that field conditions are found to create flooding that interferes with the house and septic design for Lot 2, then the house and septic system shall be reconfigured so as to eliminate such interference. Revised house and septic designs must be reviewed and approved by the Planning Board. 7. P for to a Certificate of occupancy being requested for an i dividual lot, the following shall be required: 'a� The house located on Lot 5 shall contain a residential sprinkler system since it is located over 500 ' from the nearest fire hydrant located on Long Pasture Road, as required by the NAFD. b� Prior to occupancy of Lots 1, 2 and 3, the conservation restriction shown on the plan and referenced in Condition 1, must be recorded and a certified copy of the recorded restriction submitted to the Planning office. c! The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with i the plans and profile sheet. dt All necessary permits and approvals for the lot . in question shall be obtained from the North Andover Board 4 j of Health, and Conservation Commission. e. Permanent house numbers must be posted on dwellings and be visible from the road. All slopes on the lot in question shall be stabilized, as solely determined by the Planning Board in regards to erosion, water run off, and safety. g. All lots must be raked, loomed and seeded, sodded, or mulched if the weather does not permit seeding or sodding. - h. i There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. i. � The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable. 8. "r'or to the final release of security retained for the site by the Town, the following shall be completed by the iap licant: �a.!, The Planning Board will, by a majority, vote to release any security retained. b.11 An as-built plan and profile of the site shall be submitted for review and approval by the Division of j Public Works. ia.j The applicant shall petition Town Meeting for public acceptance of the street. Prior to submitting a warrant article for such petition the applicant shall review the subdivision and all remaining work with the Town Planner and Department of Public Works. The Planning Board shall hold a portion of the subdivision bond for continued maintenance and operations until such time as Town Meeting has accepted (or rejected in favor of private ownership) the roadways. It shall be the developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds. & The Town Planner shall ensure that all Planning, Conservation Commission, Board of Health and Division of Public works requirements are satisfied and that construction was in strict compliance with all approved 5 plans and conditions. 9. Th cutting of shade trees within the right-of way shall be Iii ited in accordance with M.G.L. Chapter 87, Section 3. 10. the Town Planner will review any signs utilized for this project. The applicant must obtain a sign permit as required by Section 6 of .the Bylaw. The Planning Board shall approve any entrance structures. Any lighting used for entrance signs i. t be removed prior to acceptance of the subdivision by the Torn. 11. Thle applicant shall adhere to the following requirements of tt�e Fire Department: a. Open burning is allowed by permit only after consultation with the Fire Department. 'b. Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 12. There shall be no burying or dumping of construction material On site. 13. The location of any stump dumps on site must be pre-approved by the Planning Board. 14. 'Tl a contractor shall contact Dig Safe at least 72 hours prior 't commencing any excavation. 15. Gs, Telephone, Cable, and Electric utilities shall be A nstalled as specified by the respective utility companies. 16. Ay action by a Town Board, Commission, or Department which .requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, I may be subject to modification by the Planning Board. 17. ;A y Order of Condition issued by the NACC, or any final � d termination obtained by the applicant related to resource .. a eas under the jurisdiction of the Wetlands Protection Act fund on this site which requires changes in this subdivision . small file an application to the Board for a Definitive M dification. i 18. T is subdivision must comply with the requirements of Section 4 2 of the Zoning Bylaw. (Phase Development Bylaw) . 19. a applicant covenants and agrees with the Town of North 6 j kn over, to install utilities in accordance with the Rules and Re lations of the Planning Board, the Public Works, the Board Health,ealth, and all general as well as zoning bylaws of said To n, as are applicable to the installation of utilities iai hin the limits of ways and streets. The utilities must be 1112talled within two years from the date of approval of this em ndment or such later date as may be specified by vote of jth Planning Board. In the event the applicant should fail to jo plete the installation of the utilities within the time he ein specified, this approval will be automatically rescinded. 20. The applicant covenants and agrees with the Town of North An over, to complete and construct the street or ways and of er improvements shown thereon in accordance with the Rules " an Regulations of the Planning Board and the approved Ae initive Plan, profiles, and cross sections of the same. 3a'd plan, profiles, cross sections and construction sp cifications are specifically, by reference, incorporated Itsein and made a part of this decision. The obligations is cified herein must be completed within two years from the te of approval of this amendment or such later date as may specified by vote of the Planning Board. In the event the alicant should fail to complete the obligations specified h ein within the time herein specified, this approval will be a tomatically rescinded. 21. 'T a following waivers from the Rules and Regulations Governing �t a Subdivision of Land North Andover, Massachusetts Revised F bruary, 1989 have been granted by the Planning Board: 'a. The cul-de-sac length waiver is hereby granted, in order to allow the applicant access to rear portion of this "L" shaped parcel of land, and that theconnectionwith Turtle Lane is impossible due to a defective easement agreement (500' required, 767 ' granted) . 22. This Definitive Subdivision approval is based upon the following information: Pan titled: Definitive Subdivision Plan "Long Pasture" located in No. Andover, MA R cord Owner & Applicant: Long Pasture Realty Trust Litha Flynn, Trustee 8200 Lakeshore Drive, Apt. 202 Hupoluxo, FLA 33462 P*epared by: Christiansen & Sergi - 160 Summer Street Haverhill, MA 01830 Dted: May 1, 1995; rev. 6/1/95 S eets: 1 to 8 cc. Co servation Administrator D ector of Public Works He lth Administrator Bu'lding Inspector ,P ria Chief A40 essor JAp licant 6, ineer longpas�-Ml I i i 8 r— + P FEB 2 L bU NOR A A �' �P CONSERVATION OE�,,1,;cc; COMMONWEALTH OF MASSACHUSETTS XECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION I, In thei Matter of: LItHA Y. FLYNN Docket No. 89-178 � TRUSTEE ) File No. 242-441 LONG PASTURE REALTY TRUST ) Town, North Andover SETTLEME_ _GgEBMNT 1. The Department of Environmental Protection, (the "Depart ent") , is a duly constituted agency of the Commonwealth of Masac1hu etts, having its principal office at One Winter Street, Boston, Massachusetts, 02108 . Litha Y. Flynn, Trustee of Long Pasture Realty, (the "Owner" , is a Massachusetts Realty Trust with a t � principal. place of busines� at Box 262, Boxford, Massachusetts, 01805. 3 . � Paul Plisinski, (the "Petitioner") , is an individual dwelling adjacent to the Long Pasture property. 4 Paul St . Hilaire and Alvin Maillet were the original applicants for an Order of Conditions on the Long Pasture property. 5 . The North Andover Conservation ;Commission is a duly consti�:u ed commission of the Town of North Andover. 6. Pursuant to G.L. c . 30A and 310 C.M.R. 1. 01 (8) (c) , the undersigied parties agree to the issuance of a Final Order of Conditions_ attached hereto and incorporated herein by reference. The parties to this settlement waive whatever rights they have to -2- further administrative review before the Department as well as an appeal to court PAUL . PLISINSKI LITHA FLYNN, TRUSTEE OF by hiO attorney, LONG PASTURE REALTY TRUSTS by her attorney, wl-W41AM DIMENTO date: RALPH R. JOYCE BBO #1x5040 date: 990 Paradise Road BBO #255000 Swamps60tt, MA 01907 95 Main Street (617) $98-2510 North Andover, MA 01845 (508) 685-4555 For the Depa tment For the Applicants ANNE R.j BING date : g4 ROBERT H. MINASIAN Deputy �Regional Counsel date: Department of Environmental BBO #348420 Protection 316 Essex Street SouthieaOt Regional Office Lawrence, MA 01840 20 Riverside Drive Lakeville, MA 02347 (508) 9#6-2815 For thelConserva ' tion Commission Cha • irperson date : North A dover Conservation Commission 120 Maim Street North Andover, MA 01801 FEB 20 ' 96 10: 46 FROM TnS-RS PRODUCT TERM 02120:96 09:20 $81159: g0 PRGE . 001 . DI�.ti'TO Ll�' . md.•-I6'.46(FRI) 15:18 SEP ! 5ER4 �oaa TEL-5089416351 P. 004 _2_' f t c tea_ i'L�.-tXse: administrative review hpfa a'theeax meat as well- as as $Ppe�2 to court. , A*A40 7jo PAttL VLzsmsxi LITML FLY=* TUTEE OF by h*a a'tto Lcm PUT[Ih$ RF.ALZ°Y nt7ST9 by her attornay, iPILL D ' date Z -�„a 9 6 RALF�i R. JOYCE SBO225440 618ter 990, 1e Road po #355000 95 Main Street 7) c3-98-2510-ob-R5I0 MA oI907 (63- ` korth Aridcwes, MA 03$45 (617) t5aSa 585-n555 I 1 Far the Dopa tlnsat For the Applicants to 3g• �, t RQBExtT H. MIIQA3IAN P� Regional Ca=ael date Dap meat at 82%Vj 'c=2Gntal , BBC #348420 .FZotoctica j 316 Essex Street Southekaat Regional office IaWrcace, Mei 01840 20 Ri erside Drive Lakev*lle, MA 03347 C508) 9as-2815 ff' ' For t3 * COuservatica Cennmiesir+n 1 ' I ' Cha1;; ra r date:_ NcrtFs' S Conservation Co►+eeis ian s 1Z0 X13 a Street j Neth' dCvcr, MA 02801 i -2- further administrative rev:e before the D epa.,trent �r as ei i as an a al to court. �r � �p PAUL J. PLISINSKI LITHA FLM. , MSTEE or by 4iB attorney, LONG PASTURE REALTY nt7STS by her •a me • r WELL At9 DIMBNTO date: •RALs7ti R C Sap 225040 date: 990 Paradise Road 880 #255 0G Swagcott, MA 01907 9S Main Street {617 $98-2510 North Andover, MA 01.845 (508) 685-4555 R N t rc. ,the Dep tenant Fo= the Applicants ANM . I BIr�� 6 T rear �r,.�rs� .tsa,.� Depth Regional Counsel date: c3.r5fG Department of Environmental BBQ # `e Z�� 3frC Prot ction Southeast R n r egionai Office 20 Riverside Drive �2 Clcs'�'+►vf Ir'' Lakev�lle, MA 02347 An000&% tr'•+ 0 j'/,0 i For the C/onservatior. Commission Y haixp{er o date: Nora. over Conservation Commission 230 Ma n Street North Andover, MA 01801 II � D � G � Q �7C : fl �: , 1 li COMMONWEALTH OF MASSACHUSETTS ft1�1R : T ' EXECUTIVE OFFICE OF ENVIRONMENTAL AFF DEPARTMENT OF ENVIRON�gENTAL PROTE ON h�iK7H a a�tvEh ONE WINTER STREET,BOSTON MA 021os (617)292-5500 CONSEFI�{«F10A CQIJtt" I�StC�.+ WILLIAM F. WELD Governor TRUDY CORE ARGEO PAUL CF.II}LUCCI wry Lt. Governor DAVID Br C'oMmisakneMarch 25, 1996 In the $atter of Docket No. 89-178 Litha Flynn, Trustee File No. 242-441 Long Pasture Realty Trust North Andover FINAL DECISION I have reviewed the attached proposed agreement of settlement, entitled ', °Settlement Agreement, " signed by Anne R. Bingham, Esq. for the Department of Environmental Protection on February 16, 1996; William DiMento, Esq. for petitioner Paul Plisinski on Februaryl20, 1996; Ralph Joyce, Esq. for landowner Litha Flynn, Trustee olLong Pasture Realty Trust on February 20, 1996; George g Reich, Chairperson of the North Andover Conservation Commission on February F1, 1996; and Mark Johnson, Esq. for applicants Paul St . Hillaire and Alvin Maillet on March 13, 1996. The Department of Environmental Protection hereby issues a Final Decfsion incorporating the settlement agreement . In accordance with 310 C7KR 1. 01 (8) (c) (1995 rev. ) and the terms of the attached settlement agreement, the above-captioned proceeding is dismissed,) with the parties waivingwhatever rights they have to r.�a1 Printed an Rerycw paw i r admifli trative review before the Department as well as an appeal of this ; D cision to any court. David B. Struhs Commissioner i I i III _ I� I I i Y SERVICE LIST In; RO: Litha Y. Flynn Trustee Do(*�t Nn ?3-4-178 Lona Pasture Realty Trust � •o r11e No. 242-441 Re re r tative Pa_rtv Willi4mllR. DiMento, Esq. DiMentoj & DiMento PETITIONER 990 Paradise Road Paul J. Plisinski Swampscttt, MA 01907 Mark H 'Johnson, Esq. 12 Chestnut Street APPLICANTS Andover,] MA 01810 Paul St. Hillaire Alvin Maillet Ralph R-1 Joyce Jr. Esq. 95 Main Street PROPERTY OWNER North Andover, MA 01845 Litha Flynn, Trustee, Long Pasture Realty Trust ' North Andover Conservation Commi cion CONSERVATION COMMISSION 120 Main. Street North Andover, MA 01845 Anne R- gingham, Esq. DEP - 804theast Regional Office DEPARTMENT D 20 Riverside Drive Dept. of Environmental Lakeville, MA 02347 Protection CC : Philip Dil i etro DEP - Northeast Regional Office 10 Commerce Way Woburn, MA 01801 date: Match 25, 1996 i i c 310 Ct 10. Post 5 F� 4" FnsN F42-44142-441Cre be pwrided by DM urCltyf(bwm_„RQ_AUS R � � t APPs� Liths Flinn. Trustee of t H ANDOVER Long Pasture Realty rust FINAL � order of Conditions Masssachnsetts Wetlands Protection Pict r j G.L. c.1310 $40 From Department of Environmental Protection (the Denartmentl To Litho Flynn. Trustee of Loner Pasture Realty Trust (Name of Applicant) Address 'P.O. Box 262. Boxford. MA 01105 (applicant) To LOAQiPasture Realty_Tru t(Name of Property Owner) AddressIP.O. Box 262._ Boxford.- Xa 01805(owner) This Ar4er is issued and delivered as follows: ❑ byibond delivery to applicant or representative on (date) ® by certified mail, return receipt requested on Marc1_► 25. 1446 (date) This project is located at rprest Street The property is recorded at the Registry of Deeds North Essex Book� Page 901551' Certificate (if registered) The Notice of Intent for this project was filed,on 10/27/37 1991 (date) The public hearing was closed on Noy-ember 4 1987 (date) Findipgo The Department of anyironme4,tal Protection has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Department of Environmental Protection at this time, the Department of .Environmental Protection has determi.ned. that th® area on,which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the re let ons for each Area Subject to Protection under the Act (check as appropr ate) : ® Publ'c watersupply Flood control p Land containing shellfish ht®J Priv to water supply storm damage prevention Iu,J Fisheries GrauAd water supply Prevention of pollution Protection of wildlife habitat Total Fling Fee submitted state Share City/Tow:n share (h fee in excess of $25) Total Refund Due $ City/Town Portion $ state Portion $ (h total) (k total) i Effective 11/20/92 5-1 i a Therefore, the ep.,grtMent of Environmental Protection hereby finds that the following conditions are necessary, in accordance with the Performance standards ast .forth in the regulations, to protect those interests checked above. The Department-of Environmental Protection 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. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This order does not relieve the permittee or any other person of the j 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 unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; Or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this order. S. This order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the order. 6. Any fill used in connection with this project shall be clean fill, 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. 7. 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 have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land court for the district in which the land is located, within the chain of title of the affected property. in 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 Department of Environmental Protection on the form at the end of this order prior to commencement of the work. 9. 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-J41." 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Final order, the conservation commission shall be a party to all agency proceedings and hearings before the Department. 5-2 11. upon completion of the work described herein, the applicant shall forthwith re est in writing that a Certificate of Compliance be issued stating that I th work has been satisfactorily completed. 12. JVh work shall conform to the following plans_and special conditions: Planfi: "Grading Plan", Lots 1-3; 7 & 8 (sheet 1 of 2): "Grading Plan", Lots 4-6 (sheet 2 of 2); 1 "Cover sheet" (sheet 1 of 8); "Plan of Lots 1-3 (Sheet 3 of 8): "Plan of Lots 4-8 (sheet 4 of 8); "Grading Plan: Lots 1-3; 7 6 8" (sheet 5 of 8)*; "Grading Plan: Lots 4-6 (sheet 6 of 8)*; "Plan i Profile" (sheet 7 of 8): "Construction Details (sheet 8 of 8); Prepared by: Christiansen a Sergi of Haverhill, MA. DateO: !; 5/1/95 , with plans marked * revised through 6/1/95 stamped and signed by: Philip G. Christiansen, PE Replic ion Report entitled: "Wetland Replacement Plan", dated April 14, 1995 and ; ised may 1, 1995 prepared by: Adelle Fiorillo, Wetlands Biologist, Wetlan Preservation, Inc. of Georgetown, MA. On File With: DEP and the North Andover Conservation Coutnission 13. A twenty five (25) foot no-disturbance zone and a fifty (50) foot no- 00 struction zone shall be established from the edge of the adjacent we lands except in those locations as shown on approved plan referenced he ein and dated 5/1/95. No disturbance of existing grade, soils or `re tation is permitted in the no-disturbance zone. 14. A14 catch basins shall contain oil/gasoline traps, and it shall be s Laocatch timing condition of this order, even after a Certificateof Compliance issued, that the oil/gasolins traps in the catch basins be maintained. basins shall be free of all accumulated silt and debris before a liance is issued and the owner or his/her agent shall so specify in the i*est for compliance. 15. Th s order shall be recorded by the applicant at the Registry of seeds. No k shall be undertaken until the Final order has been recorded in the Ate istry of Deeds or the Land Court for the district in which the land is ated, within the chain of title of the affected property. in the case of Ice orded land, the Final order shall also be noted in the Registry's Grantor in ex under the name of the owner of the land upon which the proposed work it 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' uppocpn which the proposed work is to be done. The recording information shall belsubmitted to the Horth Andover conservation Commission and the DEF on the form at the and of this order prior to commencement of the work. ' 16. Th s order authorizes the construction of an area of 2,500 square feet in S. e for replication of Bordering vegetated Wetlands and an area 1,070 s' are feet in size for replication of Bordering Land subject to Flooding Th total ration of wetlands replication areas to wetlands impacted is jay roximately 1.2:1. The replication areas shall be constructed prior to 5-38 l M the wetland crossing at the proposed roadway. This sequence shall be reflected in the construction sequence. soil excavated from the roadway crossing shall be stockpiled at a location deemed appropriate by the Natural Resource/Land use Planner and DEP and utilized as part of the wetland replication. in addition, plantings to be salvaged from the disturbed area for replication shall be marked by flagging prior to excavation and stockpiled in a designated location for future reuse. 17. The lots on which wetland replication areas are proposed shall not be developed for residential construction until after the NACC and/or DEP has approved the completed wetland replication areas. 18. The NACC and DEP shall be notified in writing of any lot line or number changes with a copy of a plan showing these changes prior to any work on these lots. 19. The applicant shall contact the Conservation Office and DEP prior to site k preparation for construction and shall arrange an on-site conference with a NACC and DEP 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 and DEP 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 and DEP detailing the proposed sequence of work on site to complete this project. 21. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier shall be properly installed and placed as shown on the referenced plans and ' shall be inspected and approved by the NACC or DEP 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 or DEP. 22. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 100 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence) . said bales r shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion. li 23. upon beginning work, the applicant shall submit written progress reports every two (2) 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. 24. 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. 25. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. - 26. A plan shall be submitted to the NACC and DEP detailing construction of the gravity/oil water separators. 27. Washings from concrete trucks, or surplus concrete, shall not be directed to any drainage system or wetland resource area. 28. 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 dumpaters (or other suitable means) at the site for the storage and 5-4B removal of such spent construction materials off-site. 29. Ac opted engineering and construction standards and procedures shall be fo project.lowed in the completion of the 30. ing and after work on this project, there shall be no discharge or Is llage of fuel, or other pollutants into any wetland resource area. If re is a spill or discharge of any pollutant during any phase of +c struction, the NACc shall be notified by the applicant within one (1) bu iness day. No construction vehicles are to be stored within 100 Leet of we land resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. 31. 1Nolunderground storage of fuel oils shall be allowed 'on any lot within one- hundred (100) feet of any wetland resource area. This condition shall out-vivo this order of conditions, and shall run with the title of the pr perty. This condition is issued under the authority of the Town's Wetland Protection ByLaw. 32. 'Fertilizers utilized for landscaping and lawn care shall be organic and low- h �rOgen content, and shall be used in moderation. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. Th s condition is issued under the authority of the Town's Wetland Protection ByLaw. 33. upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. Tho shall be done either by looming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete ore vegetative cover has been achieved. 34. Vp n completion of the project, the applicant shall submit a letter to the NAC and the DEP from a Registered Professional Civil Engineer or Land Seyor certifying compliance with this Order of conditions and the ap roved plans referenced herein (or `approved revisions) . A letter from a qu lified wetland scientist certifying compliance with local/state .re lations is also required for the Wetland Replication/Restoration Area.- A tamped "As-Built" topographic plan of all areas within the jurisdiction ofItbe wetlands Protection Act and ByLaw shall be submitted when a Certificate of compliance is requested. This plan will include: Alp -As-Built" elevations of all drainage structures constructed within 100 feet of any wetland resource area; Bb "A9-Built- elevations and grades of all filled or altered wetland I resource areas; cb Distances from structures to wetland resource areas; Db A line showing the limit of work. -Work includes any disturbance of soils or vegetation. 35. ASerm shall be constructed on lot 1 abutting the stonewall that separates t land located to the east (the land of Plisinski) from the land of Long P ture Realty Trust. The berm shall extend from the edge of Forest street tothe 97.4 elevation which is approximately 40 feet west of the westerly bo ndary of the drainage easement.The berm shall be 4 fear wide+ at the top wi h side slopes of 3 horizontal to 1 foot vertical. The berm elevation sh 11 begin at the Forest Street pavement at the elevation of the pavement extend and blend to the existing 97.4 elevation which is located lap roximately 60 feet into the lot. The elevation of the top of the berm sh 11 remain at 97.4 for the remainder of its length. The soil used in the co struction of the berm shall have an in-place percolation rate equal or e eedin g 45 min/in. I 5-5B 36. The grading around the house on lot 1 shall be done in such a way as to direct the surface water flow from its easterly and southerly sides to area GG. 37. The driveway servicing Lot 0 and Lot #6 shall be located within the driveway easement as shown on Lot 4 and Lot 5 subject to the Planning Board's issuance of a special permit to allow the driveway access to be located outside the frontage dimensions of the lot, except however, if the Planning Board shall decline to issue such a special permit than the driveway shall be relocated by agreement of the lot owner, the Natural Resource/Land use Planner for the NACC, and/or DEP. 38. The following special conditions shall survive the issuance of a certificate of compliance for this project: 14. Maintenance of catch basins. 30. Discharge of spillage pollutants. 31. Prohibition of storage of fuels underground. 32. Limitations on the use of fertilizers, herbicides and pesticides. FINDINGS PURSUANT TO M.G.L. CHAPTER 30, SECTIows 61 To 62H INCLUSIVE The project as referenced in DEP File #242-441 is "categorically exempt' pursuant to the implementation of the Massachusetts Environmental Policy Act as adopted by the Secretary of Environmental Affairs. This project is "categorically exempt- as the wetland thresholds established under 301 CMR 11.26(7) of M.G.L. ch. 30, sec. 61 to 62H inclusive, have not been exceeded. This finding is only applicable to activities proposed for the above- referenced file number before the Department of Environmental Protection, Division of wetlands. It does not relieve the applicant from complying with additional M.E.P.A. requirements when applying for permits from other applicable departments or agencies. 5-6B Issuediby the .Department of Environmental Protection Signature II Lidon thi a! day of March 1996, before me personally appeared David B. to me known to be the person described in and who executed the fo egging instrument and acknowledged that he executed the same as his free act an deed. 7 til & Ar �!!� ) /9.-14 -91? Nota Public My commission expires I Detach on dotted line and submit to the Department of SnvirgMntal Protection prioir po co=aeacement of work. } . . . . ' . . To Environmental P tectier_, Issuing Authority. Please be advised that t e Order of Conditions for the project at Forest Street, DSP File Number 242-i44 has been recorded at the Registry of Deeds, North Essex County, and has been n ted in the chain of title of the affected property in accordance with Genelra Condition a on 19 If recriled land, the instrument number which identifies this transaction is �. If registered land, the document number which identifies this transaction is Signaat4re Applicant i i i 1 5-7B a Afa-sswhoSetts Depaftment of Envifonnwatal PfotectioR Long Pasture DEP File Number Buren of Resource Protection- Wetlands #1 AMENDMENT Estates 242-441 WPA Form 5 - order of ConaRms for DEP use ot# and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw. Applicant Information From: The Notice of Intent for this project was filed on: NORTH ANDOVER 10/27/87, 19911 Caaeo mCaaaMSM Wre For The public tiring was closed on: 242-441 November 4, 1987 A7gectFfeAkanae• tae TO: 5t ephen Crowley Tile and Date of final Plans and Other Documents: APpftanrAbm Amendment #1. Plans entitled ,138 Virginia Avenue ___.__ AWfagAd*w "Conservation Order of Conditions !Lowell, MA 01852 CAYOW Modification of Plans for Lot T swe apCoat Long Pasture" dated October 6. 199 The project site is located at: REV. ffo. !North Andover CW001 ASS==MapPlat/ Piontla/ and the property is recorded at the Registry of Deeds for ' Essex 1551 90 CUM Book Page Ce't�aeh��agrsaedlandJ Findings Furdwmone.this commission hereby finds 00 the project,as Findings pursuant to the Massachusetts Wetlands proposed,is: Protection Act (check one of the following boxes) following the review of the above-referenced Notice of intent Approved Subject to: arra based on the information provided in thaapplication and presented at the public hearing,this commission finds that the N the following conditions which are necessary,in a=rdarrce area in which work is proposed is significA t to the following with the performance standards set forth in the wetlands interests of the Wetlands Protection Act(check all that apply): regulatkxrs.to protect those interests checked above. This Common orders that all the work shall be performed in 9J Public Water Supply accordance with the Notice of kitent rimed above,the qPrivate Water Supply following General Conditions,and any other special }groundwater Supply conditions awched to this Order.To the extent that the I kwd Control following conditions modify or differ from the purrs, ard Containing Stash specifications.or other proposals submitted with the Notice fisheries of Inters.these conditions shell contra torm Damage Prevention revention of Pollution E�protec ion of Wildlife Habitat 11 242-441 Massa husettsDepartwntofEnvironmenta/Protection Long Pasture Estates Bureau of Resource Protection- Wetlands AMENDMENT TO . WPA Form 5 - Order of Con-dKi6hS and North Andover Wetland Massachusetts Wetlands Protection Act M.G.C. c. 131, §40 protection Bylaw. Findings(cont.) debris,including but not limned to lumber,bricks,plaster, Denied because: wire, lath,paper,cardboard,pipe,tires,ashes,refrigerators, motor vehicles,or parts of any of the foregoing. ❑ the proposed work cannot be conditioned to most the performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative to protea those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an on this project may not go fonward unless and until a new appeal has been taken,until all proceedings before the Notice of Intent is submitted which provides measures Department have been completed. !which are adequate to protea these interests,and a final Order of Conditions is issued. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or 0 Om information submitted by the applicant is tint sufficient the Land Court for the district in which the lard is located, to describe the site,to work,or the effect of the work on within the chain of title of the affected property. In the case the interests identified in the Wetlands protection Act of recorded land,the Final Order shall also be noted in the Therefore,work on this project may not go forward unless Registry's Grantor Index under the name of the owner of the and until a revised Notice of Intent is submitted,:which land upon whidh the proposed work is to be done. In the provides sufficient information and includes measures rase of registered land,the Final Order shall also be noted which are adequate to protea the A&s Interests,and a final an the Land Court Certificate of Title of the owner of the Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording, Wortnation which is lading and why it is necessary is information shalt be submitted to this Conservation attached to this Order as per 310 CMR 10.05(b)(c). commission on the form at the end of this Order,which _ form must be stamped by the Registry of Deeds,prior to the Go neral Conditions commencement of the work. 1.1 Failure to comply with all conditions stated herein,and with S. A sign shall be displayed at the site not less than two square all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the deemed cause to revoke or,mhocMY this Order. words, "Massadvaetts Deparmo t of Environmental Protecdw 2. The Order does not grant any Property rights or any [or,"MA DEP")"Fife Number exclusive privileges:it does not auth oriaeany injuryto 242-441 Private party or invasion of private rigrts. prgiaxfdeannaDer 3. This Order does not relieve the permkme or any other person of the necessity of comnph!mg with all other applicable federal,state,or local stabM,ordinances: 10.Where the Department of Ern ironrnental Protection is I bylaws,or regulations. requested to issue a Superseding Order,the Conservation Commission stall be a party to all agency proceedings and 4.1 The work authorized hereunder shall be completed within hearings before the Department three years from the date of this Order unless either of the following apply: 111.Upon completion of the work described herein,the applicant (a)the inti is a mairanance dredging project as Provided stun submit a Request for Certificate of Compliance(VA for in the Act:or Forth 8A)to the Conservation Commission. (b)the time for completion has been extended to a specified date more than dhnee years but less than five 12-The wort shall conform to the following attached plans and years,tam the date of issuance. If this Order is intended special conditions: to be valid for more than three years,the extertion date and the special circumstances warrant"the extended Firial Approved Plans(attach additional plan references as j time period are set forth as a special condition in this Order. Conservation OOC 'Modification of Plans for Lot 7 Long Pasture. This Order may be extended by the issuing authority for ixk one or more periods of up to three years each upon October 6, 1999, REV. 4/3/00 application to the issuing authority at least 30 days prior to DOW the expiration date of the Order. Phil Christiansen, P.E. 6i Any fill used in connection with this pregect shall be dean ssaam*ay NACC fill. Any fill shall contain no trash,refuse,rubbish,or on ak va 242-441 MassachusettsDeparMmtofEmriromnentalProtection n,, =,tF -PAsttre Estat,.es Bureau of Resource Protection- Wetlands AMENDMENT TO - - WPA Form 5 - Order of ConlWhS and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw. Findings (cont.) ! This Omer is valid for three years,unless otherwise specified On this asla special condition pursuant to General Conditions#4, ,5th from the date of issuance. April 5, 2000 day of � April mob 2000 Tljis Order must be signed by a majority of the conservation Year 2000 The Order must be mailed by certified mail (r tum recep�t requested)or hand delivered to the appl�ant before me personally appears - cAopy also must be mailed o hand delivered at the same time to the appropriate regional office of the Departrrmnt of Albert P. Manzi, Jr. Emrironmental Protection tome known to ba dve person described in and vrha exeatted - - Signatures: the foregoing instrument and acknowledged thst he/she executed the same as his%r tlree act and deed - Arymquei�ar ,= This Order is issued to the applicant as lblle�w r - ❑ by hand delivery-on We Mc by* on April 6, , 2000 lJwe Appeals The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and cxxtcisely the o*a'iorts to any owner of land abutting the land stfoje w this Order,or the Order which is being appealed and how the Order does not Any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the Ocated,are hereby notified of their right to request the Massactarsetts Wetlands Protection Act(M.SL c.131,§40 appropriate Department of Environmental protection Regional and is irtcorrsistert with the wet�nds regal ioms(31tD CMR office to issue a Superseding order of Conditions.The request 10.00).To the extent the the Order is based on a municipai must be made by certified rail or hand delivery to the bylaw,and not on the Massachusetts WWands protection Act Oepartrnert,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection lees Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction. Form,as provided in 310 CMR 10.03(7)within ten business }lays from the date of issuance of this Order.A copy of the bequest shall at the same time be sent by certified mail or hand delivery to the conservation commission and to the applicant, if he/she is not the appellant Massachiuetts Depwftwt of EnvironrwntaiProtection 242-441 Bureau of Resource Protectfon- Wetlands AMENDMENT TO Long Pasture Estates WPA Form 5 - Order of Cond1fieMs and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 13 1, §40 Protection Bylaw. Recording Information This Order of Conditions must be recorded in the Raostry of Qe ds ar tfie Land Cart for tate district in which the land is loc1ted,within the chain of title of the affected property.In the case of recorded land,the final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered lard,this Order shall also be noted on the Land Court Certificate of Tile of 0%owner of the land subject to the Order of Conditions.The recording information shall be submitted to the NORTH ANDOVER Carrse�4iarCanxidsgnn on the form below,which must be starriped by the Registry of Deeds. ' Detach on dotted line and submit to the Conservation Comm mss man. _—————— —— --------- ———— --— Tot cor�ionCarmissi� Phase be advised that the Order of Conditions for the project at, I gtje7loraoon DEPF#&*MGr ha�s been recorded at the Registry of Deeds of cam and has been noted in the attain of iiia of the affected property in! � snot pap inlaccordance with the Ott of Conditions issued an an If Jeeorded land,the instrument number which identifies this transaction is Msuumerrnrtnner Irregistered land,the document number which identifies this transaction is I GbarnmrmuPmer srgn3areornpr=r Massaousetts Depa omm of fnruonmental Protection 242-441 Bureau of Resource Protection- Wetlands Long Pasture Estates WPA Form 7 - Extension Permit for Orders of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c.. 131, §40 Protection Bylaw. Applicant Information 1. Applicant. Stephen Crowley, Crowley,--Const. & Gen. Contracting, Inc. Nam North Andover CiWowofSAe March 25, 1996 DaeofUdaofCw�dYiorslswatrx 242-441 DFP file Numbs • Finding Information From: North Andover Caruevatian comm wxn YJ e-(Applicant) (Property Owner) &tephen Crowley Sandy Bill Realty Trust AmeofAp�kxr NameofF PaF(Y0wna 138 Virginia Avenue 21 Cornwell Street MaftAft= MailirgAdrdM Lowell, MA 01852 Somerville, MA COTOM Slate by code Cn Own State by Code Tl Orderof Conditions(or Extension Permit)issued March,'25, 1996 on(date) Stephen Crowley,Crowley Const. & t Gen.Contracting, Inc. (name of applicant),DEP File No. 242-441 fol work at Long Pasture Estates (Forest Street) (Street address and Assessors Map(Plat, Parcel&tot¥s) recorded at the Registrybf Deed for Essex Inst. , # 6981 (aounty)��� Certificate(if registered land) j is hereby extended for a period of t (one) year(s)from the date it expires(not more than 3 years from the expiration date I ol}the Order of Conditions or the latest extension thereof,only unexpired Orders of Conditions or Extension Permits may be extended). Date that Order was last extended(if applicable) March 25, 20gQate). Tris Extension will expire on March 2_� 2001 (date). Massaclmsetts Dgta mlent of Ehlrbonowntal Protection 242-441- Bureau of Resource Protectlon- Wetlands Long Pasture Estates WIPA Form 7 - Extension Permit for Orders of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Finding Information (cont.) on this 1st Issued by: North Andover day of case"aonCMMUSsiv March AAM This Order of Conditions Extension must be signed by a 2000 majority of the conservation ronmtission and a copy sent to Yff the applicant and the appropriate DEP Regional Office(see before me personally appeared Appendix A). Albert P. Manzi, Jr. Signature(s): to me known to be the person described in and who executed the foregoing instrument and acknowledged that helshe executed the same as his/her free act and deed. Ole Haaywnrx December 11, 2003 44144 !0 Mymmmssiare�rtt I Recording confirmation ' The applicant shall record this document in accordance with Order of Conditions)in the Registry of Deeds or the Land Court General Condition 8 of the Order of Conditions(see below), for the district in which the land is located,within the chain of complete the form attached to the bottom of this Extension title of the affected property.In the case of recorded lard,it Permit,have it starred by the Registry of Deeds,and return it shall be rated in the Registry's Grantor Index under the name to the conservation commission. of the owner of the land upon which the proposed work is to be done. In the case of registered land,it shall also be noted an Note:General Condition 8 of the Order of Conditions requires the Lard Court Certificate of Title of the owner of the land upon that the applicant,prior to commencement of work,to record which the proposed work is done. the final Order(or in this case,the Extension Permit for the Detach on dotted line and submit to the conservation commission prior to the expiration of the Order of Conditions subject to this Extension Permit. --- ----------------�------------•----- To: in accordance with General Condition 8 of the original Order of Conditions on C&wvmm Camssmn Please be advised that the Extension Permit to the Order of Conditions for the project at tract p Hojex tocaAon If recorded land,the instrument number which identifies this transaction is OEPReAtOw #MVWrNUAVW has been recorded at the Registry of Deeds of If registered land,the document number which identifies this transaction is co+m naannenrltnaber and has been noted in the chain of title of the affected property