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HomeMy WebLinkAboutAEP INDUSTRIES Town of North Andover ° � HORTN OFFICE OF 3?.04.t •° ,,!tioaL COMMUNITY DEVELOPMENT AND SERVICES ° . p . . 30 School Street WILLIAM J. SCOTT North Andover,Massachusetts 01845 Ss�cNus�� Director NOTICE OF DECISION rn Any appeal shall be filled within (20) days after the date of filling this Notice _ in the Office of the Town .b_. Clerk. > Date February '17, 1999 Date of Hearing 1/5/99, 2/9/99, 2/16/99 Petition Of ONE CLARK STREET , NORTH ANDOVER, LLc Premises affected one Clark Street Referring to the above petition for a special permit from the requirements of the North Andover ZOning Bylaw Section 8.3 (site plan review so as to allow the, construction of an addition to the existin gbuilding located at one Clark Street After a public hearing given on the above date,the Planning Board voted t0 Approve the Site plan Review - Special Permit based upon the following conditions: Signed �2" CC: Director of Public Works Richard S.Rowen, Chairman Building Inspector Natural Resource/Land Use Planner Alison Lescarbeau, V. Chairman Health Sanitarian Assessors John Simons, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Joseph V. Mahoney Towns Outside Consultant File Planning Board Interested Parties CONSERVATION-(978)688 9530 • HEALTH-(978)68&9540 • PLANNING-(718)688-9535 *BUILDINGOFFICE-(978)688-9545 0 *ZONING BOARD OF APPEALS-(978)68&9541 • *146 MAIN STREET 1 Clark Street Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of an addition to the existing building in the Industrial - 2 Zoning District. This Special Permit was requested by Appledore Engineering, Inc., 600 State Street, Suite D, Portsmouth, NH 03801. This application was filed with the Planning Board on December 4, 1998. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in an industrial park and is zoned for industrial use. 2. The use as developed will not adversely affect the neighborhood as sufficient buffer have been provided as well as conditions on the hours of operation, the location of the HVAC units and other noise producing elements; 3. There will be no nuisance or serious hazard to vehicles or pedestrians 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements. 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: 1 a) The drainage consultant, and DPW have approved the final plan. c) A bond in the amount of$10,000 shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 2. Prior to the start of construction: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) All erosion control must be installed as shown the approved and endorsed plans. c) The applicant shall determine the preexisting conditions of the noise levels emanating from the site are to determine the baseline noise conditions of the site area. The noise survey will provide evidence of the origin of surrounding noise and therefore a baseline condition from which the applicant determine their increases. The noise levels shall not increase the broadband level by more then 10 dB (a) above the ambient levels or produce a"pure tone" condition as set forth in DAQC Policy 90-001, the guideline for 310 CMR 7.10. The applicant may use relevant professional sound emitting data from the prior building use to build a baseline based on prior use of the building and grounds. References to sources for data must be included in the material. 3. Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must be submitted to the Planning Department. 4. Prior to verification of the Certificate of Occupancy: a) The applicant must submit a letter from the architect or engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. I 2 b) The landscaping must be planted as shown on Sheet 5 of the approved and endorsed plans. c) All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Office must approve any changes to the approved lighting plan as submitted by the applicant. d) The building must have commercial fire sprinklers installed in accordance with the North Andover Fire Department. 5. Prior to the final release of security: a) A final as-built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 6. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. 7. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 8. No HVAC equipment or other equipment that will emanate noise-exceeding levels cited herein shall be placed on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 9. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. 10. The hours for at least 75% of the traffic associated with trucks entering the site for shipping, receiving and waster hauling shall be limited to between the hours of 7:00 am and 7:00 p.m. Monday through Saturday. 11. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 3 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. Utilities may be installed above ground where sub-surface conditions do not permit such installation. Evidence of such must be provided by the applicant. 14. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 15. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 16. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 17. Any action by a Town Board, Commission, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 18. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 19. This Special Permit approval shall be deemed to have lapsed after two years from the date permit granted unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 20. The following information shall be deemed part of the decision: 21. Plan titled: North Andover Commerce Center Sitework Approval Drawings Clark Street North Andover, MA 01845 Prepared for: One Clark North Andover, LLC 121 Middle Street Portland, Maine 04101 Prepared by: Appledore Engineering, Inc. 600 State Street, Suite D Portsmouth, NH 03801 4 Dated: December 4, 1998 Revised: February 9, 1999 Sheets: 1 through 10 b) Report: Drainage Study for North Andover Commerce Center Clark Street North Andover, MA 01845 Prepared for: One Clark North Andover, LLC 121 Middle Street Portland, Maine 04101 Prepared by: Appledore Engineering, Inc. 600 State Street, Suite D Portsmouth, New Hampshire 03801 Revised: January 20, 1999 Dated: December 4, 1998 22. The applicant may construct only the parking spaces on the northern side of Clark street adjacent to the building until such time as the use of the property requires the construction of the remaining spaces located on the southern side of Clark Street. The applicant shall notify the Planning Board in writing of their intention to expand into the other parking area prior to the construction of the spaces. cc. Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File Lot 1-2B-1 Orchard Hill Road - Site Plan Review 5 Masswhmtts Department of Environmental Protection DEP File Number Bureau of Resource Protection- Wetlands 242-943 WPA Form 5 - Order of Conditions for DEP use on-y Massachusetts Wetlands Protection Act M.G.L. c. 131 40 and North Andover Wetland Protection Bylaw. Applicant Information From: The Notice of Intent for this project was filed on: NORTH ANDOVER December 1998 Cormwion commission Date For: The public hearing was closed on: 242-943 February 3, 1999 Rojat File Number Date To: One Clark Street, No. Andover, LLC Title and Date of final Plans and Other Documents: c/o RAM Asset Management appliarrName "North Andover Commerce Center" 121 Middle Street MahTAddtesm Sheets B1, Cl - C10 dated REV Portland, ME 04101 ciry/fowrr 1/20/99 (cover sheet) Sheet C4 State Zip Code dated 12/16/98. The project site is located at: 1 Clark Street North Andover cl own Map 30 Lots 14. 15 & 45 Azessoa MaPRV t PaTeAot and the property is recorded at the Registry of Deeds for: North Essex 4613 136 C-ay Book page Csnficate(if m9ganed land) Findings Furthermore,this Commission hereby finds that 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: and based on the information provided in this application and presented at the public hearing,this commission finds that the the following conditions which are necessary,in accordance area in which work is proposed is significant to the following with the performance standards set forth in the wetlands interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This Commission orders that all the work shall be performed in N Public Water Supply accordance with the Notice of Intent referenced above,the ®Private Water Supply following General Conditions,and any other special N Groundwater Supply conditions attached to this Order.To the extent that the Ei Flood Control following conditions modify or differ from the pians, ❑Land Containing Shellfish specifications,or other proposals submitted with the Notice Z Fisheries of Intent,these conditions shall control. ®Storm Damage Prevention Z Prevention of Pollution Protection of Wildlife Habitat Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-943 MPA Form 5 - Order of Conditions 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. which are adequate to protect 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 information submitted by the applicant is not sufficient the Land Court for the district in which the land 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 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 which the proposed work is to be done. In the provides sufficient information and includes measures case of registered land,the Final Order shall also be noted which are adequate to protect the Act's interests,and a final on 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 information 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 form at the end of this Order,which form must be stamped by the Registry of Deeds,prior to the General Conditions commencement of the work. 1. Failure to comply with all conditions stated herein,and with 9. 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 modify this Order. words, "Massachusetts Department of Environmental Protection" 2. The Order does not grant any property rights or any [or,"MA DEPT"File Number exclusive privileges;it does not authorize any injury to 242-943 private property or invasion of private rights. Project File Numbs 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, 10.Where the Department of Environmental Protection is bylaws,or regulations. requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and 4. 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: 11.Upon completion of the work described herein,the applicant (a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA for in the Act;or Form 8A)to the Conservation Commission. (b)the time for completion has been extended to a specified date more than three years,but less than five 12.The work shall conform to the following attached plans and years,from the date of issuance. If this Order is intended special conditions: to be valid for more than three years,the extention date and the special circumstances warranting the extended Final Approved Plans(attach additional plan references as time period are set forth as a special condition in this needed): Order. (Refer to Condition_ #28) 5. This Order may be extended by the issuing authority for Title one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to Oared the expiration date of the Order. 6. Any fill used in connection with this project shall be clean signed and Stmpedby fill. Any fill shall contain no trash,refuse,rubbish,or On hk with I Massachusetts Department of Environmental Protection 242-943 Bureau of Resource Protection- Wetlands . WPA Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Findings (cont.) Findings as to municipal law,bylaw,or ordinance 13.Any changes to the plans identified in Condition#12 above Furthermore,the shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant NORTH ANDOVER enough to require the filing of a new Notice of Intent. conomlyoncorran&Wn hereby finds(check one that applies): 14.The Agent or members of the Conservation Commission and Department of Environmental Protection shall have the ❑ that the proposed work cannot be conditioned to meet the right to enter and.inspect the area subject to this Order at standards set forth in a municipal law,ordinance,or bylaw, reasonable hours to evaluate compliance with the condi- specifically tions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commis- sion or Department for that evaluation. Natmard dra m chwmapallaw,bylaw,oror&mnce 15.This Order of Conditions shall apply to any successor in Therefore,work on this project may not go forward unlessand until a revised Notice of Intent is submitted which interest or successor in control of theproperty subject to provides measures which are adequate to meet these ing work conditioned by this Orderer. this Order and to any contractor other person perform standards and a final Order of Conditions is issued: 16.Prior to the start of work,and if the project involves work Yff that the following additional conditions are necessary to adjacent to a Bordering Vegetated Wetland,the boundary of d comply with a municipal law,bylaw,or ordinance,spe - the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, C.178. No. Andover Wetland Protection the wetland boundary markers shall serve as the limit of Name aid a-am of mumpal law,bylaw,cr ordimm Bylaw work(unless another limit of work line has been noted in the plans of record)and be maintained until a Certificate of Compliance has been issued by the Conservation Commis- The Commission orders that all the work shall be performed sion. in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the 17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans, repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice with vegetation or other means. At no time shall sediments of Intent,the conditions shall control be deposited in a wetland or water body. During construc- tion,the applicant or his/her designee shall inspect the Additional conditions relating to municipal law,bylaw,or erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall ordinance: immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional (see attached) erosion and/or damage prevention controls it may deem necessary. Special Conditions(Use additional paper if necessary) (see attached) L. Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-943 WPA Form 5 - Order of Conditions L DEP and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, YO 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, 3rd from the date of issuance. 2/4/99 day of Date February A�onth This Order must be signed by a majority of the conservation 1999 commission.The Order must be mailed by certified mai! Year (return receipt requested)or hand delivered to the applicant before me personally appeared A copy also must be mailed or hand delivered at the same Albert P. Manzi, Jr. time to the appropriate regional office of the Department of Environmental Protection. to me known to be the person described in and who executed Signatures: the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. 1 41 , ` I # I ' ' December 11 2003 VC� �i ,� p Mycomn�ssion expires This Order is issued to the applicant as follows-. ❑ by hand delivery on Dare by_@we"mail,.milwom @@sip!i1equafted,on February 4, 1999 Date Appeals The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to any owner of land abutting the land subject to 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 located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40 appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction. Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commission and to the applicant, if he/she is not the appellant. n....,. A nt G Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-943 WPA Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered lard,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information shall be submitted to the Corm wimCommission on the form below,which must be stamped by the Registry of Deeds. Detach on dotted line and submit to the Conservation Commission.` __ - --_ To: Conservation Commission Please be advised that the Order of Conditions for the project at "ed Location DEP File Number has been recorded at the Registry of Deeds of county and has been noted in the chain of title of the affected property in Book Page in accordance with the Order of Conditions issued on Date If recorded land,the instrument number which identifies this transaction is Insoument Number If registered land,the document number which identifies this transaction is Document Number Signature dApplicant Massachusetts Department of EnvimmNental Protection Bureau of Resource Protection- Wetlands WPAAppendix E Request for Departmental Action Fee Transmittal Form and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Please type or print clearly all Request Information information requested on this form. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice citizen group's representative): of Resource Area Delineation;or Request for Determination of Applicability): Name Name wingAddres eaairngAMm City/Town aty1rowrr Stare Zip Com Stare Zip Code Phone Number PhoneNuruber Fax amber(if applicable) FaxMimba(dapplz ) Project Location DEP File Number: 9reetAddress Cityaown Instructions 1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and concisely the objections to the Determination or Order ❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina- El Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the ❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate Send this form and a check or money order for$50.00, jurisdiction. payable to the Commonwealth of Massachusetts,to 3. Send a copy of this form and a copy of the check or money Dept.of Environmental Protection order with the Request for a Superseding Determination or Box 4062 Order by certified mail or hand delivery to the appropriate Boston,MA 02211 DEP regional office as listed in Appendix A. 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commis- sion and to the applicant,if he/she is not the appellant. DEP FILE #242 - 943 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 below. 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 18.Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19.This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20.This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21.The work authorized hereunder shall be completed within three years from the date of this order. 22.This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section Vlll (B)(p.33) of the North Andover Wetland Regulations). CAWinword\00C\242-943.doc 1 NACC 2/4/99 DEP FILE #242 - 943 23.The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24.Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25.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. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 26.The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 27.The proposed work includes: Expansion of parking lot facilities and upgrade of stormwater management structures, including the construction of a wetland treatment basin all of which are located within the 100' Buffer Zone of a Bordering Vegetated Wetland (310 CMR 10.55). 28.The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: RAM Asset Management DATED 12/98 Site Plans prepared by: Appledore Engineering, Inc. Entitled "North Andover Commerce Center" Sheets 111, C1 through C10 Sheet C4 dated 12/16/98 DATED REV January 20"', 1999(cover sheet) Report prepared by: loitherstein Environmental Engineering Entitled "Immediate Response Action Plan et al" DATED July 30"', 1998 Hancock Environmental Services, Inc. Correspondence Entitled"Wetland Replication" February 1', 1999(DENIED) CAWinwor&000\242-943.doc 2 NACC 2/4/99 DEP FILE #242- 943 Operation & Maintenance Plan prepared by: Appledore Engineedng, Inc. DATEDrY n 8"' a ua 1999 29.The following wetland resource areas are affected by the proposed work: Buffer Zone to Freshwater Wetland(c.178 of the Code of North Andover) and Bordering Vegetated Wetland (MGL c.131 s.40). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 30.The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 31 .The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone and a fifty foot (50� No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as follows: In the immediate vicinity of work associated with headwall re- construction tangent to wetland flags 2-25 through 2-21(refer to Sheet C4 entitled 'Grading, Drainage & Erosion Control Plan" dated 12/16/98). The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No- Disturbance zone. (See Section 111(D) &Appendix G of the local Regulations). 32.There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 33.This document shall be included in all construction contracts,subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34.The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to C:\Winword\00C\242-943.doc 3 NACC 2/4/99 DEP FILE #242 - 943 maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35.Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. EIOR TO CONSTRUCTION 36.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. 37.This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. in the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38.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 242-943." 39.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 CAWinword\00C\242-943.doc 4 NACC 2/4/99 DEP FILE#242 - 943 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. 40.It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41.Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 42.The NACC has denied the applicant's proposal to alter 140 sq. ft. of Bordering Vegetated Wetland & 20 linear feet of Bank with at least 300 sq. ft. of wetland replication for the purpose of installing rip rap. Prior to construction, the applicant shall submit a revised plan and detail incorporating a rip rap scheme along the base of the intermittent stream in question without adverse impact to the adjacent Bordering Vegetated Wetland and Bank. Alteration of Bank and Bordering Vegetated Wetland is specifically prohibited under this Order of Conditions. 43.Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 44.A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to CAWinword\00C\242-943.doc 5 NACC 2/4/99 DEP FILE#242 - 943 the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 45.The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of forty (40) 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. 46.A check payable to the Town of North Andover shall be provided in the amount of $151000 (North Andover Wetland Protection Regulations-Section IX(A)(p.37) 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 through the NACC before commencement of work. Said 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 provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary 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. 47.The applicant shall designate a professional Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved C:\Winword\OOC\242-943.doc 6 NACC 2/4/99 DEP FILE #242 - 943 setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 48.Prior to construction, the applicant shall permanently mark the edge of the "25' No-Disturbance Zone" with signs or markers spaced evenly every fifty (50) feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 49.The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at feast five (5)business days prior to the closing of said land transaction. 50.Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). CAWinword\00C\242-943.doc 7 NACC 2/4/49 DEP FILE #242 - 943 DURING CONSTRUCTION 51.IMPORTANT: Immediately upon completion of the building foundation the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.)which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 52.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. 53.All catch basins shall contain deep sumps and 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 hider agent shall so specify in the request for Compliance. 54.The sewer lines on the site shall be tested for water tightness in accordance with North Andover DPW standards. 55.Approved de-watering activities anticipated at the re-constructed headwall and "wet basin" shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to the headwall re- construction and wet basin is occurring and until these sections are complete. De-watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 56.Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire ,lath , paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. CAWinword\000242-943.doc 8 NACC 214/99 DEP FILE #242- 943 57.No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 58.No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 59.There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 60.After proper grading, all disturbed areas located within a resource area which will not remain as wetland areas, shall be loamed (minimum of 4" of quality loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 61.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 62.AI I 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. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 63.Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 64.During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. CAWinword\OOC\242-943.doc 9 NACC 2/4/99 DEP FILE #242 - 943 AFTER CONSTRUCTION 65.No underground storage of fuel oils shall be allowed 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. 66.Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a 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 and shall remain in perpetuity. 67.No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. Permanent signs designating "No-Salt Zone" and "No-Snow Stockpiling Zones" shall be displayed in prominent locations. The quantity, location and type of signs are subject to approval by the Conservation Administrator. 68.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. 69.Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A — "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to going forward on this project. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth certifying CAWinwordN00C\242-943.doc 10 NACC 2/4/99 4 DEP FILE #242 - 943 that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 70.The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP# 242-943. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Maintenance of catch basins (Condition#53); ➢ Discharge or spillage of pollutants (Condition #64); CAWinwor&00C1242-943.doc 11 NACC 2/4199 DEP FILE #242 - 943 ➢ Prohibition of underground fuels (Condition #65); ➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions#66 & 67). ➢ The attached "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. CAWinword1000\242-943.doc 12 NACC 2/4/99 DEP FILE #242 - 943 I APPENDIX A- COMPLIANCE CERTIFICATION FORM AFFIDAVIT 1, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. 1 am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. Wor 2. 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this day of 19 1 inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. [ hereby affirm and acknowledge that this document will be reliedupon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) CAWinword\00C\242-943.doe 13 NACC 2/4/99 41 Appledore 600 State Street, Suite D Portsmouth, NH 03801 Engineering Inc. tel 603.433.8818 fax 603.433.8988 aei@nh.ultranet.com MEMORANDUM Date: January 8, 1999 To: Michael Howard North Andover Conservation Administrator From: Gregg M. Mikolaities, P.E. Appledore Engineering, In ` Re: North Andover Commerce Center One Clark Street North Andover, Massachusetts AEI/1275 Operation and Maintenance Plan: a) Contact/Responsible Party Aries Property Company will be managing the property. Aries address is as follows: Mr. Brian Gagne, Director of Development Aries Property Company 121 Middle Street Portland, Maine 04101 Phone: 207-774-1030 Fax: 207-774-6020 b) Maintenance Equipment: A street sweeper will be utilized to sweep the parking lot. A vacuum truck will be used to cleanout catchbasins. Depending on the maintenance required in the detention pond, either a grade-all or rubber tired backhoe will be used. c) Frequency of Cleaning: The Operation and Maintenance Plan will comply with the Stormwater Management Manual: • Sweeping: Inspected monthly, cleaned a minimum of four times per year. • Catchbasin sumps: Inspected monthly, cleaned a minimum of four times a year. Pond forebay: Inspected monthly. Cleaned a minimum of once a year. Any planting disturbed during routine maintenance will be replaced in-kind. • Constructed wetland: Twice a year inspections during both the growing and non-growing seasons for the first three years. North Andover Commerce Center One Clark Street North Andover, Massachusetts AEI/1275 Page - 2 d) Snow removal: Snow from the front lot will be stockpiled along the banking along the east property line. Melting snow will go to the new drainage system and then be directed to the constructed wetlands/detention pond. Snow from the back side of the building will be stockpiled near the constructed wetlands/detention pond. Snow from the separate lot across Clark Street will be stockpiled in the lot. Melting snow will also make it's way through the new drainage system to the constructed wetland/detention pond. Please give me a call if you have any questions or require additional information. GMM\vc (1275-022.doc) Enclosure ® Appledore lW Engineering Inc. 310 CMR 10.44 Form 7 OEP Re Na. (To be oroviaea by bEP) Commonwealth Cry,rown North Andover. �-+ of Massachusetts aoo,,c1nt RAM Asset Management ,,-- 10/9/98 Data Ae uezt F*iieo POSITIVE One Clark Street Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 and Chapter--1-78 Code of North Andover Wetland Bylaw and Regulations From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority To RAM Asset Mana ement AEP Industries c/o RAM Asset Mgmt (Name at person making request) _ _ (Name of prcpery owner) 121 Middle Street Address Portland, MF 04101 Address Same This determination is issued and delivered as follows: by hand delivery to person making request on (date) i-7 by certified mai(, return receipt requested on (date) Pursuant to the authority of G.L. c. 131 , 6aC, the North Andover Conser,ration Commi Gsi-n has considered your request for a Determination of Acolicability and its suQocring documentation. and has made the following determination (check whichever is aoolicable): Location: Street Address One Clark Street - — Lot Numcer: Lots 14 15 & 45 1. The area described below, wnich includes ail/part of the area described in your request, is an Area Suciedt to Protection Under the Act. Therefore, any removing, filling, dredatna or fe Mrin of that area requires the filing of a Notice of intent. lt 1wr!'1��Bow�i,,►c� Vt� � �� �ocnnR logs -wcNV�r►D �wtGs = �-�� �-��,�'� �'���� � �'�3 2-1 RVT feu! M� 0 10,71C.(it (Ac s�A,I � Z, The work described below, which includes all;part of the work desc^bed in your reeuest, is within an Area Suclect to Protection Under the Act and will remove, fill, dredce or alter that area.There- fore. said wcrk recuires the fiiing of allotice of Intent. - I I Effective 11rC189 2.1 I� F 1 3. ❑ The work described below, which Includes all:part of the work oescribed In veur reouest, is within the Butter Zone as defined in the recutations, and will alter an Area Subject to Protechcn Under the Act.Therefore, said work requires the filing of a Notice of Intent This Determination is necative: 1. ❑ The area described in your reouest Is not an Area Subject to Prctecticn Under the Act. 2. ❑ The work described in your reouest is within an Area Subject to Prctecticn Under the Act, but will not remove, fill, dredge, or after that area. Therefore. said work does not recuire the filing of a Notice of Intent. 3. ❑ The work described in your reouest is within the Buffer Zone, as defined in the reduiahons. but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not recuire the filing of a Notice of Intent. 4. ❑ The area described in your reouest is Subject to Protection Under the Act, but since the work described therein meets the reouirements for the fcllowtnc exemctien.as specified In the Act and the regulations, no Notice of Intent is reeuired' Issued by NORTH ANDOVER Conservation Commission Signature(s) Co This Determination must be signed by a majority of the Conser�aticn Commission. On this 21st day of October 1 c 9R before me personally accearee Albert P. Manzi, Jr. , to me known to be the person described in, and who executed. the foreccing instrument, and acknowlecceC ,not ne:she execute,' the same as his1her tree act and deed. e Notary Public My corrimissldn'exc!res - - Tom De!e minaticn aces not relieve the acolicanr irCrn CDmotyno wrin all other accticaate!eceral.state Cr local statutes.orcinances. _'y-taws ur rt'^yutaliens. T nis belermination snail oe val:c!or three years Corm ine oate at issuance 'i he a o1irant.'.11e owner.any person aganevec Dy this Oeler-ninauor,. any owner of Ian-acumna me lane uocn wntc^:ne praaasaa wank t to De cone.or any len tesioenls of ine c:ty or town in wnicn sucn!ang is lacatec,are nerecy nctrfiec c:tneir rign,:o recuest the Decartment at�_-nvvonmentai Prolec:icn to issue a Suoetsacine Deierminauon of Aeohcacilny,provieing ine recuesi?s mace oy germ ec man at nano oeirvery to the iJecartment,with trio azorcoriate tiling I" an= Fee Transmittal Form as orov aeC in 21C CMP 10-02C,i-'thin ten says from the tale at rasuance of:his Determination.A Coy of Ina recuest snail at Ine same time oe rent cy cartihec mail or nano aeuvery to the CznServgtion Commission ano the&coltcant. I'LL` Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: L11 WPA Form 8B — Certificate of Compliance 242-943 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: 1. This Certificate of Compliance is issued to: When filing out p forms on the One Clark St c/o Ram Asset Management computer, use Name only the tab key to move 121 Middle St. your cursor- Mailing Address do not use the Portland ME 04101 return key. City/Town State Zip Code � 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: IL f One Clark St c/o Ram Asset Management Name min 4/5/2000 242-943 Dated DEP File Number 3. The project site is located at: One Clark St. North Andover Street Address City/Town 30 14,15,&45 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: One Clark St c/o Ram Asset Management Property Owner(if different) Essex 4613 136 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: I Date B. Certification i Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: "aform 8b.doc•rev.8128/01 Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: L11 WPA Form 8B — Certificate of Compliance 242-943 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above- referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: v j North Andover Conservation Commission Date of Is uance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate�DE�P * al Office (See Appendix A). Signatures: x f'' Ong( 12410-f-k Of Sept. 2001 Day Month and Year before me personally appeared Scott Masse to me known to be the person described in and who execu ent nd acknowledged that he/she executed the same as his/her fr act anublic 1commonwealth of Massachusetts MY Gommiss1io4n Expires Notary Pubic M I wpaform 8b.doc•rev.8/28/01 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-943 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: I Project Location DEP File Number Has been recorded at the Registry of Deeds of: i County i for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: ' I If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant I wpaform 8b.doc•rev.8/28/01 Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A - DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Phone:413-784-1100 Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax NewBedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole i Arlington Cohasset Hull Middleton Reading Waltham Wilmington, MA 01887 Ashland Concord Ipswich Millis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Mitch Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom, Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield i III wpaform8b.doc•Appendix A•rev.8/28/01 Page 1 of 1 s Received by Town Clerk: fiECE11VED FORM A JOYCE DRADSHAW TOWN CLERK PORT ANDOVER NDO VE ON FOR ENDORSEM R ENT OF PLAN BELIEVED NOT TO REQ DIRE APPRO VAL 2001 JUN 2l A 8 51 To the Planning Board of the Town of North Andover, The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under and Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way, namely, Clark Street and Osgood Street. Being land bounded as follows: On the Southwest and Northwest by land of Casa Pechia II Limited Partnership and the Lawrence Municipal Airport On the Northeast by Clark Street On the Southeast by Osgood Street 2. The division of land shown on the accompanying plan is not a subdivision for the following reasons: Each of the two lots created has sufficient area, depth and frontage. 3.Lot frontage and acreage if each lot depicted on accompanying plan: Lot I: 2.61 74f Acres (114,014±S.F.)— Frontage: 398.99' Lot 2: 2.3544+ Acres (IO2,559fS.F.)— Frontage: 554.00' 4. Description of proposal: Plan is a division of the 5.0 acre parcel shown on Plan 47334 5. Title reference: North Essex Deed Book 5134, Page 5 Applicants' Signature: Owner's signature d address i applicant: /10 &#4 (print name) PDXIzAN Applicant's Address: Tel. No. i III. Rpcei,ved by Town Clerk: FORMA APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQ UIREAPPROVAL To the Planning Board of the Town of North Andover, The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under and Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way, namely, Clark Street and Osgood Street. Being land bounded as follows: On the Southwest and Northwest by land of Casa Vechia H Limited Partnership and the Lawrence Municipal Airport On the Northeast by Clark Street On the Southeast by Osgood Street 2. The division of land shown on the accompanying plan is not a subdivision for the following reasons: Each of the two lots created has sufficient area, depth andfrontage. 3. Lot frontage and acreage if each lot depicted on accompanying plan: Lot 1: 2.6174f Acres (114,014+S.F.)— Frontage: 398.99' Lot 2: 2.35441 Acres (102,559fS.F.)— Frontage: 554.00' 4.Description of proposal: Plan is a division of the 5.0 acre parcel shown on Plan#7334 5. Title reference: North Essex Deed Book 5134, Page 5 Applicants' Signature: Owner's signature pnd address i applicant: til �xr-- (print name) Applicant's Address: Tel. No. i RpcEivdM by Town Clerk: R E C E 11V E O FORMA JOYCE BRADSHAW TOWN CLERK APPLICATION FOR ENDORSEMENT OF PLAN RN O R T H AN OO V ER BELIEVED NOT TO REQUIRE APPROVAL 2001 JUN 21 A B. 5 To the Planning Board of the Town of North Andover, The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under and Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way,namely, Clark Street and Osgood Street. Being land bounded as follows: On the Southwest and Northwest by land of Casa Vechia II Limited Partnership and the Lawrence Municipal Airport On the Northeast by Clark Street On the Southeast by Osgood Street 2.The division of land shown on the accompanying plan is not a subdivision for the following reasons: Each of the two lots created has sufficient area, depth and frontage. 3. Lot frontage and acreage if each lot depicted on accompanying plan: Lot 1: 2.6174+ Acres (114,014fS.F.)— Frontage: 398.99' Lot 2: 2.3544+ Acres (102,559±S.F.)— Frontage: 554.00' 4.Description of proposal: Plan is a division of the 5.0 acre parcel shown on Plan#7334 5. Title reference: North Essex Deed Book 5134, Page 5 Ap icants' Signr . Owner's signature pnd address f i applicant: % IAI� Alm 71 S ,2 (print name) Applicant's Address: Tel. No. -7c{� 6 Y —4 0 q-3 RECEIVED JOYCE BRADSHA TOWN CLERK NORTH ANDOVER Notice to APPLICANTITDUN-CLERK.of-action-of-Planning Board on accompanyingX:JUL C I Q 2'- 39 1. e North Andover Planning Board has determined that said plan does not require approval under the - 'Subdivision Control Law,and the appropriate endorsement has been made upon the same. i 2. Th o h An er PI g.B 1,as- etermined. said pl' shows a su ,as defined by C. 81-Lund erefore be r ted to it for app er the Subdi ' ion Control Law. `s I Very truly,ts'NorthPl Board D 'C>/ TOWN OF NORTH ANDOVER UST OF PARTIES OF INTEREST: PAGE / OF SUBJECT PROPERTY MAP PAR # NAME ADDRESS �.3 �' E Z ABUTTERS: �, y a, I D ,e4i77 /� /'Iq. /"7�IG Gtr, �"` Q viol 11 35- /, 1/ n Chin 2 3v`� / d,60A4G( "7 i /72/ � S - J- 4! 5 ,3 5- h' ' 17- Zlen,t 2 c3 6 <35 k7,4 I 7 r 1262 8 �9 9 JD �cL / 493 Gt573 10 45 s N ill L 3 7 11D /(/. D 13 14 15 16 17 i 18 19 20 i �---- CERT. BY : DAT 7 �,��1s x 'own of North Andover-PTannl'ng B�oarc�� %4 ', sty s„s,,atsrss�«•rs:::�ss.�«;.'� s;�,,..,, .�s:...;t..z„^;::is.. t,att.,,a ;, w�. ..��s^s:";it."•: tt.':' "' !�: � � �{,� RUMG; " ssr� ni rs ttiswckvt✓ii��/f'r y„s Please type or print clearly. 1. -Petitioner. Appledore Engineering, Inc. _ Address: 600-State Street, Suite D. , Portsmauth, NH 03801 —Telephone number: (603) 433-8818 2. Owners of the Land:--One Clark North Andover, LLC --Addiess: 121 Middle Street, Portland, ME 04101 - -- Telephone number: - - (207) 774-1030 �- - - Number ofyears of ownership: 1 3.. Location of Property- one Clark Street Zoning District: Industrial 2 Assessors: Map: 35 Lot 14, 15 & 45 -- Registry of Deeds: - Book 9:: 4613 page-:: 136 -_ 4'. - Eiistinz Lot: 706,778 sf (east) -Lot Area(Sq.Ft.): 216,571 sf (west) Building Height: 451-61, .- Street Frontage: 950+ Side Setbacks: 55 ft Front Setback: 64 ft Rear Setback: 29 ft Floor Area Ratio: Lot Coverage: 21.1% 5. Proposed Lot: Lot Area(Sq.Ft.): Same as existing Building Height: 441-911 Street Frontage: 950+ Side Setbacks: 55 ft Front Setback: 57' Rear Setback: 29 ft Floor Area Ratio: 0.2:1 Lot Coverage: 19.2% = 6. Required Lot (as required by Zoning Bylaw): Lot Area(Sq.Ft.): 80,000 sf Building Height: 55 ft Street Frontage: 150 ft Side Setbacks: 50 ft Front Setback: 50 ft Rear Setback: 50 ft Floor Area Ratio: 0.5:1 Lot Coverage::­ 35% 7. Existing Building: 8181 (Annex) Ground FIoor(Sq. Ft.): 186,748+/- rr of Floors: 2 Total Sq. Ft.: Height: 45' - 6” Use: Light Manufacturing Type of Construction: 2C 8. Proposed Building:. 112,060 (Existing) _ Ground Floor(Sq.Ft.): 56,675 (Proposed of Flbors: 1 Total Sq. Ft.: 168,735--sf( 818e1x1eight: 271 4" Use: Office/Warehouse Type.of Construction: 2C 9, Petitioner and Landownersignature(s); -- Every application for Site Pla iRevrew shalLbe made on this form which is the official form ofthe.Planning Board__Evergapplicatioffshall be filed with the Town Clerk's Office. It shall be the responsibility o€th6petitionerto=furnish all supporting documentation with this application. They dated copy bfthis application received by the Town Clerk or Planning Office does-not absolve-the:applicantfromrthisresponsibility. Thepetitioner shall be responsible for all expenses for.filing and legal notification. Failure to comply with applicatiomitquirements;as citedRerein and:in the Planning BoardRules and regulations may result in a:dismissal by tliePfanniug Boanibfthis application as incomplete_ Petitioner's Signature' Print or type name here: Bradlee Mezqu' .E. _. Owner's Signature: D-%e- C.1^r L S4-r-r4e- M°0el- A`K�a v¢S L-4,- Print .tcPrint or type name here: LL T-OF PARTIES OF INTEREST EJECT P.ROPER.TY . I EAFiCEL I LOT INA,ME IACOEES ERCT _ PARCEL ILO T INAME IAOQFESS 35- 10 I Beijing-Realty Trust 11250 Osgood Street N. Andover MA - 01845--- --=- 35 I I 13 1 Edward& Joan Riemitis 137 Stonecleave Road I - _....- I N:-Andover, MA- 01845 35 I - _. I 53.7 I Richard- & Sophie Haphey 11159 Osgood Street 1 I IN. Andover, MA 01845 35 ( i 36 I Haphe Realty Trust 144 Russel Street I _ c/o William or Torla I N. Andover, MA 01845 I 35- I I 47 - { Casa Vochia II Ltd Partner. 152 Barcmeadow Street I I I Methuen, MA 01844 1 35 I __ I 16A 1 City of Lawrence Airport 1492 Sutton Street I N. Andover, MA 01845 i 35,34 19,49 I Forgetta Family Trust 11210 Osgood. Street _ I I— I — I N. Andover, MA 01845 f I I 27 I Angus Realty Trust 1 25 Orchard View Drive I I c/o Me Com an I Manchester, NH 03053-3324 35 I ( 6 I Daniel & Joae Mn^ r by ( nn .1145. nagnnc3 Strn�t I N Andover, MA 01845 37 I Vincent & Katie ler 11149 Os I 35 I I N. Andover, MA-01845 I ---------------- 35 I 97 I Paul & Ma Ac21ci i 1-1 Old Farr Road _ I I I N. Andover, MA 01845 ------------- I I I I I I - I I I I I I I ( I I I 1 Massaawsetts department of tavironn ental rrowcuarr Bureau of Resource Protection— Wetlands oEP File Number _ AMENDED #1 242-943 1 Clark Street w. Yy rA Form 5 - order of Conftans for DEP use only and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 Protection Bylaw. ' Applicant Information From: The Notice of Intent for this project was filed on: NORTH ANDOVER December 1998 Consffmon Common Date For: The public hearing was closed on: 242-943 February 3, 1999 HajeaFikMoba Dare To: One Clark Street No. Andover LLC Title and Date of final Plans and Other Documents. c/o RAM Asset Management Apoc=Name Amendment #1 121 Middle Street n( MmlirgAdren �r '�7�� Alotirme�y- CDI(1aVI'1F'ruL Portland 0, qqq Maine 04101 sore Lp code V-1319 000 The project site is located at 1 Clark Street, North Andover C.ry/TaMrr Map 30 dots 14, 15 &-45 Aae=MaaPfat/ Par dAofI and the property is recorded at the Registry of Deeds for. Essex 4613 136 CMIY gook Pve Cffvfm(ifrWsered/ark Findings Furthermore,this Commission hereby finds that the project,as Findings pursuant to the Massachusetts Wetlands proposed,is Protection Act (check one of the following boxes) Fallowing the review of the above-referenced Notice of Intent Approved subject to: and based on the information provided in this application and presented at the public hearing,this commission finds that the 2 the following conditions which are necessary,in accordance with the performance standards set forth in the wetlands area in which work is proposed is signifidnt to the following interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This Commission orders that all the work shall be performed in -9 Public Water Supply accordance with the Notice of Intent referenced above,the Private Water Supply following General Conditions,and any other special 9 Groundwater Supply conditions attached to this Order.To the extent that the ®Flood Control following conditions modify or differ from the plans, C1 Land Containing Shellfish specifications,or other proposals submitted with the Notice C Fisheries of Intent,these conditions shall control ®Storm Damage Prevention ®Prevention of Pollution 19 Protection of Wildlife Habitat Massachusetts Reparmwnt of Environmentai Protection 242-943 Bureau ofResource Protection- Wedands 1 Clark Street — --- AMENDED WPAForm 5 - Order of Conis 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. which are adequate to protect 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 information submitted by the applicant is not sufficient the Land Court for the district in which the land 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 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 which the proposed work is to be done. In the provides sufficient information and includes measures case of registered land,the Final Order shall also be noted which are adequate to protect the Act's interests,and a final an the Land Court Certificate of Tie 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 information which is lacking and why it is necessary is information shall be submitted to this Conservation attached to this Order as per 310 CMR 1O.O5(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 General Conditions commencement of the work. 1. Failure to comply with all conditions stated herein,and with 9. 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 modify this Order. '^row. "Massachusetts Department of Environmental Protection" 2. The Order does not grant any property rights or any (or,"MA DEP*]"file Number exclusive privileges;it does not authorize any injury to 242-943 private property or invasion of private rights. Ph7jectfweMow 3. This Order does not relieve the permittee or any other person of the necessity of complying with ail other applicable federal,state,or local statutes,ordinances, 10.Where the Department of Environmental Protection is bylaws,or regulations, requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and 4. 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 appy. 11.Upon completion of the work described herein,the applicant (a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA for in the Au;or Foran 8A)to the Conservation Commission. (b)the time for completion has been extended to a specified date more than three years, but less than five 12.The work shall conform to the following attached plans and years,from the date of issuance. If this Order is intended special conditions: to be valid for more than three years,the extention date and the special circumstances warrantmg the extended Final Approved Plans(attach additional plan references as time period are set forth as a special condition in this needed): Order. Nf 00 . 5. This Order may be extended by the issuing authority for ale one or more periods of up to three years each upon !. :3 Q 3 DV application to the issuing authority at least 30 days prior to the expiration date of the Order. K etj ci m a "lit-S 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,refuse,rubbish,or 1� On bie widr Massachusetts Department of Envimamental Pmtection __ . _._ 24Z-943 Bureau of Resource Protection- Wedands ' 1 Clark Street AMENDED - WPA Form 5 - Order of Coins and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw. 13Findings (cont.) This Order is valid for three years, unless otherwise specified On this as a special condition pursuant to General Conditions#4, 5th from the date of issuance. April 5, 2000 day of April oare Umh 2000 This Order must be signed by a majority of the conservation commission.The Order must be mailed by certified mail Yew (return receipt requested)or hand delivered to the applicant. before me personally appeared A copy also must be mailed or hand delivered at the same time to the appropriate regional office of the Department of Albert P. Manzi, Jr. Environmental Protection. to me known to be the person described in and who executed - - Signatures the foregoing instrument and acknowledged that heishe executed the same as htslher free act and deed. . AUVYA& !uYmm�anexp� ', This Order is issued to the applicant as follows: ❑ by hand delivery an awe eSx by&*M maii. G [ edpagcedc on April 6, 2000 awe Appeals The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely,the objections to any owner of land abutting the land subject to 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 contrbute to the protection of the interests identified in the located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L c.131,§40 appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts wetlands Protection Ad Department,with the appropriate filing fee and a completed or regulations,the Department of-Environmental Protection has Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction. Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commission and to the applicant, if he/she is not the appellant. A.. 1AMff Massacfiysetts Department of Environmental Protection 242-943 Bureau of Resource Protection—Wetlands 1 Clark Street AMENDED WPA Form 5 - Order of Condt as and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 p ro t e c t ion Bylaw. O Regarding Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title I of the owner of the land subject to the Order of Conditions.The recording information shall be submitted to the NORTH ANDOVER caa YWW CXX1S&W on the form below,which must be stamped by the Registry of Deeds. Detach on dotted line and submit to the Conservation Commission.-- — __`,__`—,_ To: ca zV=ncamssaor► Please be advised that the Order of Conditions for the project i at Rvjaa L0=W O£P File At m ff has been recorded at the Registry of Deeds of Canty and has been noted in the chain of title of the affected property in DW.t in accordance with the Order of Conditions issued on Dae - If recorded land.the instrument number which identifies this transaction is iracumenrrwma� ;: , If registered land,the document number which identifies this transaction is . Doarmerr�wrmoa SignartpeorAppficanr n.....•c„s c