HomeMy WebLinkAboutKOZDRAS, JOHN & SOPHIE Massachusetts Depart wnt of Eavirommata!Protection 242-783
Bureau of Resource Protection- Wetlands 20 ,3 2,4 4 & 56 Abbott S t.
(Lots 1 thru 4)
A Corm 8B - Certificate of Com�oianCe
Massachusetts Wetlands Protection Act M.G.L. 131, X40 and North Andover Wetland
Protection Bylaw.
Authorization
On this
16th
Issued by:
North Andover day of August
cur'swnan C mrmsron Nand
August 16, 2000 2000
Yrar
This Certifintion must be signed by a majority of the before me personally appeared
conservation commission and a copy sent to the applicant Scott Masse
and appropriate DEP Regio ce(see Appendix A).
Signatures) to me known to be the person described in and who executed
the foregoing instrument and acknowledged that he/she
executed the same as hisiher free act and deed.
t
�� ., `
A 1/ �''i /, 6;910
,tavccmnasroneTarres
' Regarding 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 an dotted line and submit to the Conservation Commission.
--- ------- — ---- _ — --
To: If recorded land.the instrument number which identifies this
transaction is
Cors wxionCo=sron
Please be advised that the Certificate of Compliance for the
project at /nscumrft'dunDa
if registered land the document number which identifies this
transaction is'
Hejaz L0=0n
File"V=bT Qaaenenr Mrmber
has been recorded at the Registry of Deeds of
Sigrr"a ofAppficarr
and has been noted in the chain of title of the affected property ;20
on —2,Q jqA007r-
Dare 1141 46,60X-
BOOK
6 60 -
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�9e
in..r....�•,a,d•a•sci�.7•J'Gt•q•a•ucua WE •..4VAevuii•a.u•... I JV••PYYv..
Bureau of Resource Protection— Wetlands 242-783
20,32,44 & 56 Abbott ST.
1NPA Form 8B - Certificate of Compliance (Lots 1 thru 4)
Massachusetts Wetlands Protection Act M.G.L. 131, X40 and North Andover wetland
Protection Bvlaw.
' Project Information
1. This Certificate of Compliance is issued by: 3. The project site is located at
North Andover North Andover
cawr aio ca mmsmn G,yROW
20,32,44 & 56 Abbott St. (Lots 1 thru 4)
To: RTIAOM
MPG Realty Corp,. 65 Lots 204-207 and 27
Aces MAfadRW Pzmdor/
Name
231 Sutton St. , Suite 2F
AWkgAamrss and the final Order of Condition was recorded on
North Andover November 12, 1996
an
MA 01845
at the Registry of Deeds for
see rvcoor North Essex Instr. 429623
2. This Certificate of Compliance is issued for work regulated cam 211111K
by a final Order of Conditions issued to:
ca ro6ere(d r rya se reit/ma)
Greenleaf Realty Trust
February 8, 1996 4. A site inspection oras made in die presence of the applicant.
,or the applicarit's ager on:
242-7837 O 0
`sitar Daae
I,
e6 tification
0 Imalid Order of Caditimm It is hereby certified that
(Check all that apply): the work regulated by the above-referenced Order of
Condition never commenced. The Order of Conditions has
Complete Certificatiom It is hereby certified that the lapsed and is therefore no Ionger valid. No future work
/vbrk regulated by the above-referenced Order of Candi- subject to regulation wider the Wetlands Protection Act may
dons has been satisfactorily completed commence without filing a new Notice of Intent and,
receiving a new Order of Condition.
0 Partial Certdicatiort It is hereby certified that only the
following portions of the work regulated by the above Ongoing Ca�tiorn:The folbwing condition of the
referenced Order of Condition.have been satisfactorily er shall cordrcnse:{htclude any cor►dition cor�ained in
completed The project areas or worst subject to this partial Final Order,such as maintenance or monitoring,that
certification which have been completed and are released should continue for a longer period.)
from this Order include:
Condition Numbers:
ISI iu� 3
310 CN.R 10-99 DEP File No. 242-783
Form 8 (To :be provided by DEP)
Gtp/Town Norah Andover
A,ppr=nc MFUea y orp
commonwealth 'Lot 4 Abbott Street
of Massachusetts PARTIAL
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From NACC Issuing Authority
11 Old Boston Road
To MPG Realty Corporation Tewksbury, MA 01876
(Name) (Address)
Date of Issuance January 7, 1998
This certificate is issued for work regulated by an (�rdeAef conditions"issued
to Greenleaf Realty Tr„et dated
and issued by the NACC
1. It is hereby certified that the work regulated by the above-referenced
order of Conditions has been satisfactorily completed.
that only 2, � It is hereby certified t y the following portions of the work
regulated by the above-referenced order of Conditions have been
satisfactorily completed: (If the Certificate of compliance does not
7
I
include the entire -project, specify what portions are included. )i P
Lot 4 Abbott Street ONLY
3 . It is hereby certified that the work regulated by the above-referenced
order of conditions was never commenced. - The order of conditions has
lapsed and is therefore no longer valid.. No future work subject to
regulaticn under the Act may be, commenced without filing a new Notice
of Intent and receiving a new order of conditions.
. . . . . . . . . . . . . . . . . . . . . •
(Leave Blank}
p This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located.The Order was originally recorded on 11/12/96 (date)
at the Registry of Deeds, North Essex , gook _ Page
Instrument #29623
Q The following conditions of the Order shall continue: (Set forth any conditions contained in the
Final Order, such as maintenance or monitoring, which are to continue for a longer period.)
Issued by North. n er Conservation Commission
Signature(s) JA
GL �6 <_
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 7th day of January before me
personally appeared
Joseph W. Lynch, Jr. , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that hershe executed
the same as his/her free act and deed.
a ? iu l/ 02 Ue,3
Notary Public My commission expires
I _
w, Detac i on dotted line and submit to the
...... .................................................. ................................................. ........ .......................................
To NACC Issuing Authority
Please be advised mat the Certificate of Compitance for the protect at.
File Numoer 242-783 has been recorded at the Registry of Deeds, Northern Essex-
and has oeen noted in the chain of title of Me affected orocerty.on; t 9
n reccroeo fano:-ne instrument numoer wnicn roenuues inns:ransacaon is
I:registered land.:ne cocument numoer wnicn identities this transaction is
Aooncan t
Signature
ao A&t(17_1/ T
F.P Fd
310 CMR 10.99 D No. 242-783
Form 8 (To be provided by DEP)
Gt9/I'o-m North Andover
Appiicanc ea ty Corp.
commonwealth Lot l Abbott Street
of Massachusetts PARTIAL
certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. C. 131, 540
From NACC Issuing Authority
11 Old Boston Road
To MPG Realty Corporation Tewksbury, MA 01876
(Name) (Address)
Date of Issuance
November 4, 1998
This c rtificate is issued for work regulated by an7A9conditions conditions issued
to reenleaf Realty Trust dated
and issued by the NACC
1. it is hereby certified that the work regulated by the above-referenced
order of conditions has been satisfactorily completed.
2. fRX It is hereby certified that only the following portions of the work
Y
regulated b .the above-referenced order of conditions have been
g
satisfactorily completed: (If the certificate of compliance does not
include the entire pro ' specify what portions are included. )
project, _p Y
Lot 1 Abbott Street ONLY
r certified that the work regulated by the above-referenced
3 .
It is hereby ce_�lfie _ �
order of conditions was never commenced. The order of conditions has
lapsed and is therefore no longer valid. No future work subject to
n otTce
regulaticn under the Act may be co*.+menced without. filing a new N
e _
of Intent and receiving a new order of Conditions.
. . . . . . . .(Leave
•
LeaveSpace Blank).
4. ❑ This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located. The Order was originally recorded on 11/12/96 (date)
at the Registry of Deeds, North Essex , Book , Page
Instrument 429623
The following conditions of the Order shall continue: (Set forth any conditions contained to the
Final Order,such as maintenance or monitoring, which are to continue for a longer period.)
Issued by
North Andover Conservation Commission
Signature(s)
C.
VGJhen issuedy b the Conservation Commision this Certificate must be signed by a majority of is members.
On this 4th day of November, _ , 19 9R before me
personally appeared Albert Manzi, Jr. , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.
December 11, 2003
iotarY Public_ My commission expires
t}etizh cn datted line -and submit to the
NACC issuing Authonry
Please be advised tnat the Certificate of Compitance for the protect at.
242- 783 Deeds, Northern Essex
File Number has been recoroed at the Registry of
and hast)een noted in the cnain of title of*me affected procerry on t°
if reccraeo ianc.me instrument numoer wnicn identifies nts:ransac:uon Is
I:registered land. me cocument number wrncn identifies rots transaction is
aooiicani
5�gnature
Massac.wserts Veparunent of Environmental Protection
Bureau of Resource Protection- Wedands PARTIAL 242-783
PA Form 88 - Certificate of Compliance2/9644 Abbott St.
, •
Massachusetts Wetlands Protection Act M.G.L. 131, §4o and North Andover Wetland
Protection Bylaw.
Project Information
1. This Certificate of Compliance is issued b :
P Y 3. The protea site is located at:
North Andover North Andover
ConsevaronCararnston ��
Lot2/#44 Abbott Street
To: seWnd&=
1882 130
MPG Realty Corporation Ase8s2parf.. P0at
Name
231 Sutton St. Suite 2F
nMOV and the final Order of Conditions was recorded on
North Andover November 12, 1996
WOW
tie
MA' 01845 at the Registry of Deeds for
.late LP CO&
North Essex
Z. This Certificate of Compliance is issued for work regulated C=q 800* PVe
by a final Order of Conditions issued to: 29623
CrrcGcxe(ilnxpsazd/ard)
,.Greenleaf Realty Trust
N1 Marbleridge Road 4. A site inspection was made in the pre'serte!a{,t#ie app
kcani
*1----t .or the applicant's agent,on-
go
n go o
aw
j 3 eartification
Q Invalid Order of Cendiltionx It is hereby certified that
(Chedc all that apply): the work regulated by the above-referenced Order of
Conditions never commenced. The Order of Conditions has
Ili ❑ Complete Certification:It is hereby certified that the lapsed and is therefore no longer valid. No future work
work regulated by the above-referenced Order of Condo subject to regulation under the Wetlands Protection Act may
dons has been satisfactorily completed. commence without filing new Notice of Intent and,
receiving a new Order of Coalitions.
Partial Certification:It is hereby certifled that only the
following portions of the work regulated by the above— Ongoing Condiltionm The following conditions of the
referenced Order of Conditions have been satisf=riiy Order shalt contirten-(include any conditions contained in
completed.The project areas or worst subject to this partial the Final Order,such as maintenance or monitoring,that
certification which have been completed and are released should continue for a longer period.)
from this Order include
�q
t J 0 Condition Numbers.
13 IN 3b 3_- 356
Massachuse=Depamrnt of Environtwntal Protection 242-783
Bureau of Resource Protection- Wetlands PARTIAL Lot 2/144 Abbott Street
WPA Form 813 - Ceitificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 131, X40 and North Andover Wetland
Protection Bylaw.
Authorization
On this 19th
Issued by:
North Andover day of July
Ca1cevananCJJ7==W - :Worm
July 19, 2000 2000
caeonssaana yew
This Certification must be signed by a majority of the before me personally appeared
conservation commission and a copy sent to the applicant Scott Masse
and appropriate DEP Regional Office ppendix A).
Signature(s) to me known to be the person described in and who executed
the foregoing instrument and acknowledged that he/she
executed the same as hislher free act and deed.
.vu Rroric
l� �0D 7
'' Wvmmrms+onuom
114
' Recording Confirmation
The app6cantt 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: if recorded land,the instrument number which identifies this
transaction is
Consa►ar�r+CarrKrossiar►
Please be advised that the Certificate of Compliance for the
project at if
If registered lanKt the document number which identifies this
transaction is
P%W Lacaoan
File:vWOW DoaMWAbWoer
recorded at the Registry has been eg try of Deeds of
Sr�txea�Appbtarx
Covrxy
and has been noted in the chain of title of the affected property
on
Ode
Book
Pxe
Massac,7userts i)epartmntofEnvtronm m—a-1 r tectron
Bureau of Resource Protection— Wetlands 242-783
PARTIAL Lot 3/#32 Abbott St.
WPA Form 8B - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 731, §40 and North Andover Wetland
Protection Bylaw.
Project Information
1. This Certificate of Compliance is issued by: 3. The project site is located at:
North Andover North Andover
CafwrarronCamsvon qYR
Lot 3/#32 Abbott Street
To: SQeetAdd�sS
MPG Realty Corporation 1882 . 130
Assesaars WwRar o Par aort
AWX
231 Sutton St. , Suite 2F
MddingAddress
and the final Order of Conditions was recorded on
North Andover November 12, 1996
WOW" Dai
MA 01845
at the Registry of Deeds for
Acta yp code
North Essex
2. This Certificate of Compliance is issued for work regulated C=q Banc PVe
by a final Order of Conditions issued to: 29623
Greenleaf Realty Trust Caro eOfmweed/aad)
4. A site inspection was made in the presence of the applicant.
4 Marbleridge Road or thea rants aged on i
brei applicant's
24�!-783 0 0
D6P£,7e;exma
Certification
❑ MvWid Otder of Condition It is hereby certified that
(Check all that apply): the work regulated by the above-referencedOrder of
Conditions never commenced. The Order of Conditions has
❑ Complete Certification: It is hereby certified that the lapsed and is therefore no longer valid. No future work
work regulated by the above-referenced Order of Condi. subject to regulation leader the Wetlands Protection Act may
tions has been satisfactorily completed. commence without filing a new Notice of Intent and,
receiving a new Order of Conditions.
� Partial Certification:It is hereby certified that orgy the
,Iowiing portions of the work regulated by the above- X Ongoing Conditions:The following conditions of the
referenced Order of Conditions have been satisfactorily Order shall continue:(hxlude any conditions contained in
completed.The project areas or work subject to this partial the Final Onfer;such as maintenance or monitoring,that
certification which have been completed and are released should continue for a longer period.)
from this Order include:
7S,
0 Al� Condition Numbers:
2-783
MassachuseM Department of Environmental Protection Lot 3 2 24 4 3 2 Abbott St.
Bureau of Resource Protection- Wetlands PARTIAL
WPA Form 8B - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 131, X40 and North Andover Wetland
Protection Bylaw.
13 Authorization
On this 19th
Issued by:
North Andover day of July
c,rarmwCJmR=W ;Warn
July 19, 2000 2000
OledlssrmW yer
This Certification must be signed by a majority of the before me personally appeared
conservation commission and a co sent to the applicant Scott Masse
and appropriate DEP Regi Appendix A).
Signature(s) to me known to be the person described in and who executed
the foregoing instrument and acknowledged that he/she
executed the same as his'her free act and deed.
.WvccmausFanetorrs
' Recording Cvnfi-rmation
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.
---- ------g--�'------------
To: If recorded land,the instrument number which identifies this
transaction is
caaemoncormmssmr►
Please be advised that the Certificate of Compliance for the
project at iaoiunerrreunae
If registered land the document number which identifies this
transaction is
FgezLoc»on
Fih.Numaer OaamrerMunDer
has been recorded at the Registry of Deeds of
Somm dApp#a1f
cam
and has been noted in the chain of title of the affected property
on
Oare
Book
f
.210 CMR 10.99
+ Form 5 RECEIVED
JOYCE BRADSHAW DEP F;b No.
TOWN CLERK � 242-783 ___11210a7
r j NORTH ANDOVER (to wwK DEr, &5 X07
. M Commonwealth e Ckrytown
Aooikcanf North Andover
T (—
;�S of Massachusetts
Greenleaf Realty Trust
AN
Abbott -Street, Town Map 465, Lots '204-207 and 27
Order of Conditions
Massachusetts Wetlands Protection Act
G,L. c. 131 §40
and under the Town of North Andover's Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATIONCORMISSION
i
To Greenleaf Realty Trust John and Sophie Kozdras
(Name of Applicant) (Name of property owners
41 Marbleridge Road 59 Summer Street
No. Andover, MA 01845 North Andover, MA 01845
Address Address
This Order is issued and delivered as follows:
1 by hand delivery to applicant or representative on {dale)
Xby certified mail, return receipt requested on7��Q �A/ T a (date)
This project is located at Abbott Street, Town Map #65, Lots 204-207 and 27
The property is recorded at the Registry of Nnrt•hPrn FcGnx _
Book 1882 Page 130
Certificate (if registered) -----
The Notice of Intent for this project was filed on November 16, 1995 (date)
The public hearing was closed on `January 17, 1996 Idate)
Findings
The North Andover Conservation Commission has reviewed the above-'elerenced slot-ice of
Intent and plans and has held a public hearing on the project. Based on the tnlorrrration availaole tc the
NACC at this time, the has deterrimied that
the area on which the proDosed work is to be done is significant to the following interests in accoroance v.rth
the Presumptions of Significa ceorth in the requlatrons for each Area Subject to Protec:ron lander tare
. sl�f Recreation
Act (check as appropriate); Ch.178: Prevention of Erosion & Sedimentation Ch.178X Wildlife
Pubic water supply Flood control Land containing shellfish
Private water supply Storm damage prevention Fisheries
Ground water supply Prevention of pollution ( Protection of wildlife habitat
Total Filing Fee Submitted $1,420.00 State Share $487.50
City/Town Share $512.50__+__T4 2 0-0 0 (v_- lee in nzcess of S'5)
Total Refund Due S City(Town Portion S State Por ion S
(1/2 total) (1i2 total)
F- lert-ve 11/10/H9_ 5- 1
DEP FILE #242 - 783
Therefore, the North Andover Conservation Commission(hereafter the"NACC")hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced above. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein, and with all related statutes and,
other regulatory measures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights.
3. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
4. The work authorized hereunder shall be completed within three years from the date of
this order.
5. This Order may be extended by the issuing authority for one or more periods of
up to one year each upon application to the issuing authority at least 30 days prior to
the expiration date of the Order.
6. Where the Department of Environmental Protection(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'hearngs.before the Department.
7. The proposed work includes: Construction of four(4)wood frame dwellings,utilities,
bituminous concrete driveways and associated grading within the 100 foot buffer zone of a
bordering vegetated wetland(BVW); NOTE:LOCATIONS FOR SEWER OR SEPTIC
SYSTEMS ARE NOT APPROVED AT THIS TIME. A FUTURE FILING MAY BE
REQUIRED BY THE NACC FOR SUCH WORK.
8. 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: Greenleaf Realty Trust
41 Marbleridge Road
North Andover,MA 01845
DATED: 11/16/95
Plans prepared by: Merrimack Engineering Services
entitled"Site Development Plan of Land"
DATED: 11/10/95 REV 12/15/95
C:\Winword\00C\242-780.doc 1 NACC 2/8/96
DEP FILE #242 - 783
9. The following wetland resource areas are affected by the proposed work: buffer zone
to bordering vegetated wetland (BVW), land under water(LUW), bank and
bordering land subject to flooding(BLSF),. These resource areas are significant to
the interests of the Act and Town ByLaw as noted above. These resource areas are
also significant to the recreational and wildlife interests of the ByLaw. The applicant
has not attempted to overcome the presumption of significance of these resource areas
to the identified interests,
10. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated REV 12/15/95. Prior to the issuance of a
Certificate of Compliance, the applicant will submit a plan showing the site's
wetland delineation at a scale identical to the Town wetland map for this
location.
11. ISSUANCE OF THESE CONDITIONS DOES NOT IN ANY WAY IMPLY OR
CERTIFY THAT THE SITE OR DOWNSTREAM AREAS WILL NOT BE
SUBJECT TO FLOODING OR STORM DAMAGE.
12. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control.
13. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site to construct four(4)wood frame dwellings, utilities, bituminous
concrete driveways and associated grading within the 100 foot buffer zone of a
bordering vegetated wetland (BVW)will cause further alteration of the wetland
resource areas. In order to prevent any alteration of wetland resource areas beyond
those proposed in the Notice of Intent(NOI) and approved herein, 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. THE NATURAL
RESOURCEILAND USE PLANNER 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 Appendix 5 of
the local Regulations).
14. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition
of this order, even after a Certificate of Compliance is issued, that the oil/gasoline
traps in the catch basins be maintained. All catch basins shall be free of all
accumulated silt and debris before a Compliance is issued and the owner or his/her
agent shall so specify in the request for Compliance.
15. ANY FUTURE PROJECT WHICH PROPOSES A WETLAND CROSSING IN
ORDER TO ACCESS CERTAIN PORTIONS OF THE PROPERTY WILL NOT BE
QUALIFIED AS A LIMITED PROJECT ROADWAY UNDER 310 CMR 10.53(e).
CAWinword\00C\242-780.doc 2 NACC 2/8/96
DEP FILE #242 - 783
PRIOR TO CONSTRUCTION
16.No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
17. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods.No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work
18. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts Department of
Environmental Protection,File Number 242-783".
19. A DRY SET FIELDSTONE LANDSCAPE WALL of no less than thirty inches
(30") above grade shall be constructed at least twenty five feet(25')from the BVW
and must extend from the limit of erosion control, as shown on the plans approved
herein, from Lot#1 running parallel to the"ditch", parallel to the BVW and parallel to
the second "ditch terminating approximately 100' north/northwest. Prior to
construction, the location of this wail shall be stked in the field and approved by the
Conservation Department. The NACC realizes that a portion of the wall may
encroach into the 100 yr. flood plain but it is believed to be de minimus and long term
protection of BVW, probably the Commonwealth's most important inland habitat for
wildlife, is assured.
20. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing(at the expense of the applicant).Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. The proposed project may be still under
review by other local or state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a revised plan and an
explanation of the revisions shall be submitted to the NACC for review and approval
C:\Winword\00C\242-780.doc 3 NACC 218196
DEP FILE #242 - 783
prior to the start of construction.No work shall begin on a project until written
approval has been granted by the NACC.
21. The applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC
representative, the contractor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order also shall be made a part of
the contractor's written contract. The applicant or contractor shall notify the NACC in
writing of the identity of the on-site construction supervisor hired to coordinate
construction and to ensure compliance with this Order.
22. The applicant shall submit a construction schedule/sequence to the NACC detailing the
proposed sequence of work on site to complete this project.
23. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing so that erosion control measures can be properly placed and
wetland impacts can be monitored:
24. A row of staked hay bales backed by 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 approved plans referenced herein and
shall be inspected and approved by the NACC prior to the start of construction and
shall remain intact until all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC.
25. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of thirty(30)hay bales and sufficient stakes for staking
these bales (or an equivalent amount of silt fence). Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for the normal control of
erosion.
26. A check payable to the Town of North Andover shall be provided in the amount of
$12,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC , and shall be posted with the North Andover Town Treasure before
commencement of work. Said bond or deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to
the NACC, and Town Counsel, and shall be released after completion of the project,
provided that provision,satisfactory to the NACC, has been made for_performance of
any conditions which are of continuing nature. The applicant may propose a bond
release schedule keyed to completion of specific portions of the project for the
NACC's review and approval. This condition is issued under the authority of the local
Bylaw.
DURING CONSTRUCTION
C:\Winword\00C\242-780.doc 4 NACC 2/8/96
DEP FILE # 242 - 783
27. Upon beginning work,the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence.
28. 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.
29. No exposed area shall remain Wished for more than thirty(30)days, unless
approved by the NACC.
30. No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
31. There shall be no stockpiling of soil or other materials within twenty-five(25)feet of
any resource area.
32. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
33. All waste generated by, or associated with, the construction activity shall be contained
within the construction area, and away from any wetland resource area. There shall be
no burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters(or other suitable means) at the site for
the storage and removal of such spent constructi6n materials off-site.
34. Accepted engineering and construction standards and procedures shall be followed In
the completion of the project.
35. Members of the NACC or its agent shall have the right to enter upon and inspect the
premises to evaluate and/or effect compliance with this Order of Conditions. The
NACC reserves the right to require, following field inspection, additional information
or resource protection measures.
36. During and after work on this project,there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant'
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\00C\242-780.doc 5 NACC 2/8196
DEP FILE #242 - 783
AFTER CONSTRUCTION
37. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions, and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
38. Fertilizers utilized for landscaping and lawn care shall be organic and low-nitrogen
content, and shall be used in moderation. Pesticides and herbicides shall not be used
within 100 feet of a wetland resource area. This condition is issued under the
authority of the Town's Wetland Protection ByLaw.
39. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done
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.
40. Upon completion of the project, the applicant shall submit a letter to the NACC from a
Registered Professional Land Surveyor certifying compliance with this Order of
Conditions and the approved plans referenced herein(or approved revisions).
Certification includes, but is not limited to, verification that the limit of work coincides
with the approved"NO-DISTURBANCE/NO-BUILD zones. A stamped "As-
Built" topographic plan of all areas within the jurisdiction of the Wetlands
Protection Act and ByLaw shall be submitted when a Certificate of Compliance is
requested. This plan will include:
A) "As-Built" elevations of all drainage structures constructed within 100 feet of any
wetland resource area;
B) Distances from structures to wetland resource areas. Structures include, but are
not limited to, septic systems, stone walls, retaining walls, and approved decks;
C) A line showing the limit of work. "Work"includes any disturbance of soils or
vegetation;
D) Location of all subsurface utilities entering the property;
E) Location of existing erosion controls;
41. Furthermore, the following information must be submitted to the NACC when
requesting a Certificate of Compliance:
A) The name and address of the current landowner;
C:\Winword\00C\242-780.doc 6 NACC 2/8/96
DEP FILE #242 - 783
B) The name and address of the individual/trust or corporation to whom the
compliance is to be granted;
C) The street address and assessor's map/parcel number for the project;
D) The DEP file number;
E) A statement certifying compliance with the Order of Conditions and approved
plans.
42. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
13. A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC (refer to Section M(page 18)of the Regulations for
performance standards within these zones)The Natural Resource/Land
Use Planner and/or other agents of the NACC do not have the authority to
waive these setbacks as established under the local ByLaw;
14. Maintenance of catch basins;
36. Discharge of spillage of pollutants
37. Prohibition of storage of fuels underground;
38. Limitations on the use of fertilizers,herbicides and pesticides.
CAWinword\00C\242-780.doc 7 NACC 2/8/96
Z42-783 Abbott Street, Map 65, Lots 204-207
and 27
Issued By North Anddr A Conservation Commission
Signature(s) /
77
This Order must be signed by a majority of the Conservation Commission.
On this 7th day of February 19 96 before me
personally appeared Joseph W. Lynch , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he:sbAi-executed
the same as his/her free act and deed.
(A - March 22, 2002
--�&
Notary Public Donna Mae ' gata My commission expires
The aDvicant.trio owner.any person aggrieved by this Order.any owner of land abutting the land upon which the proposed work is to be
done,or any ten residents of the city or town in which such land is located.are hereby notified of Their nght to reouest the Department of
Environmental Protection to issue a Superseding Order,providing the reouest is made by certified mail or hand delivery to the Department.
with trio appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7},within ten days from the date of issuance of this
Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and the applicant.
If you wish to appeal this decision under the Town Bylaw, a complaint
must be filed in Superior Court.
PROVIDE RECORDING INFORMATION TO THE CONSERVATION COMMISSION:-
Detach on dotted line and submit to the North Andover prior to commencement of work.
20MainStreet N.. Andover MA.0184..
........................................................... . . . . . ............... ..............................
To North Andover Conservation Commission !ssung Autnoriiv
Please be advised that the Order of Conditions for the project at Abbott Street, Map 65, Lots 204-207 & 27
Foie Numoer 242— 783 has been recorded at the Registry of ana
rias been notea in ine cnafn of title of the affected property in accordance with General Condition 8 on . 19
if recorded land. the instrument number Much tdenoties this transaction is
If registered land. the document number which identifies this transaction is
Sicna:ure Acpiican!
5-4A
r
`Received by Town Clerk : `r 0
r
r
FORM A JOYCE FF UAW
TOWN C'hF,, K
APPLICATION FOR ENDORSEMENT OF PLAN NORTBr #G 'E
BELIEVED NOT TO REQUIRE APPP.OVAL ,, 20 3 4�6 V '95
November 16 19 95
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 the 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 pian is not a sub-
division because every lot shown thereon has the amount of fronta9e
required by the North Andover Zoning By Law and is on a public way ,
namely , Abbott Street or a private way , namely ,
being land bounded as follows :
Bounded easterly by Salem Street; southerly by land now or
formerly Foss, Sullivan, Foss Jr. , .Kozdras; westerly by land
now or formerly S.B. Homes, Inc. and Lemile; and northerly by
Abbott Street.
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
Sufficient frontageandarea to create four A and D lots.
3. Title - reference North Essex Deeds , Book 1882 Page130_ or
Certificate of Title No . Registration Book ;
Page .
Applicant ' s Signature : Owner ' s signature and address if not
the applicant :
Applicant 's Address : 00/10111
Summer Street
41 Marlberidge Road
North Andover, MA..01845
North Andover, MA 01845
f
Received by Town Clerk :
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan
1 . The 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 .
2 . The North Andover Planning Board has determined that said plan
shows a subdivision , as defined by G.L . c`. 41 , s . 81-L , and
must therefore be re-submitted to it for approval under the
Subdivision Control Law .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By :
Date
f
eceived by Town Clerk :
FORMA Mfr€
APPLICATION FOR ENDORSEMENT OF PLAN C '
BELIEVED NOT TO REQUIRE APPROVAL
November 16 19 95
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 the 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 sub-
division 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 , Abbott Street or a private way , namely,
being land bounded as follows :
Bounded easterly by Salem Street; southerly by land now or
formerly Foss, Sullivan, Foss Jr. , .Kozdras westerly by land
now or formerly S.B. Homes, Inc. and Lemile; and northerly by
Abbott Street.
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
Sufficient frontage and area to create , four A and D lots.
3 . Title - reference North Essex Deeds , Book 1882 Page 130 or
Certificate of Title No . Registration Book
Paste
Applicant ' s Signature : Owner 's signature and address if not
i� the applicant:
Applicant' s Address
Summer Street
41 Marlberidge Road
North Andover, MA 01845
North Andover, MA 01845
Received by Town Clerk :
r
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
I . The 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.
2 . The No Andover Planning d has determin that id plan
sh s a sub ivision , as efined G .L . c . 1 s . -R1-L , d
st therefo a be re-s bmitted to t for a proval under_ th
Subdivision Co trol aw .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
�atRW/v-\"
By :
Date :���--►�--`
� � o
Mrn
= V3 c
t71 p, rf�ti.
"G rn;K
NO TES
THIS PLAN DOES NOT REQUIRE APPROVAL
1. PROPERTY LINES SHOWN FROM EXISTING PLANS AND RECORDS. SEE DEED BK. 1882 PG. 130 AND UNDER THE SUBDIVISION CONTROL LAW.
ASSESSORS MAP #65, BLK 27, LOTS #1 - 5( 204, 27, 205, 206, 207) FOR SITE.
OWNER OF RECORD AT TIME OF APPLICATION IS JOHN AND SOPHIE KOZDRAS, SUMMER STREET, NO. ANDOVER, MASS. NORTH ANDOVER PLANNING BOARD
2. ZONE DISTRICT R-2 WHICH REQUIRES 43,560 S.F., 150' FRONTAGE, 30' FRONT, SIDE, AND REAR YARD SETBACK,
75% OR 32,670 S.F. CONTIGUOUS BUILDING AREA PER LOT.
DATE
FOR REGISTRY USE
,30.90 9.H, .62'�
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THIS PLAN CONFORMS TO THE RULES AND
5 ,. y°E �-� REGULATIONS OF THE REGISTRY OF DEEDS
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162.35 s .
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ABE30TT FST �00� PREPARED FOR
G REENLEAF REALTY MUST
UST
41 MARBLERIDGE ROAD
NORTH ANDOVER, MASSACHUSETTS 01845
p;:'.`•�, DATE.• NOVEMBER 10, 1995
b +F
` 0' 20' 40' 0' 40'
11APIr SCA-LE: 1"=40'
ft.
P? ,`
MERRIMA CK ENGINEERING SERVICES
LOCUS 66 PARK STREET
N.T.S.
ANDOVER, MASSACHUSETTS 01810
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