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HomeMy WebLinkAboutRICE NORTH ANDOVER LLC T.- T EIVED 1111 ti r pv,r n7� r fr 2006 APR 19 AM 11: 57 FORM A APPLICATION FOR APPROVAL NOT REQUIREDMASS ACHIV DATE: (Stamp two (2) forms with the Town Clerk. File one (l) form with the Town Clerk and one (1) forth with the Planning Board.) To the Planning Board The undersigned, believing that the accompanying plan of property in the Town of North Andover,Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a detennination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. L Name of Applicant. Rice North Andpvez' LTC Address: 54 Jagortnet Street Newton. Pjk 024.61 - 2.Location and bescriptiou of Property['include Assessor's Map andLot and Zoniug'District(s)j: - Assessor's_;Iap 27 Lots 16-26 Intemect;on Of Salem Turnpike A 'Waverly Road Planned CMMerr;al DistrictW� WIX-4 See attached Wl bit A p 3.Deed Reference: Book,,. Pgge or Certificate of Title: 4.Name of Surveyor- Xoritrol Point Associates, Inc. Address: .35 Technology Drive, 1 st qq- Warren, NJ 07059 m p Signature of Owners}: t 1 Zot Vael-) 7aA mA L 54 Jaconnet street, Newkon, k 02461 Address: - you believe your Plan not to be please indicate the grounds either A>B,Cor D,not$combination) on vrhic'h a•subdivision. I,,: f A. Each lot on the plan meets one of the following criteria. 1 Has the frontage,lot area,and loft width required under the Zoning By-law on, a public way,or tai.ned&used as a public way,or ,b) away Which the Town Clerk certifies is ma'sn nning Board under the Subdivision Coraco c) ____ a way shown on a plan approved and endorsed by the Pla______--- or Law,recorded in plan Book Ianthe Town and which the a way in existence before,the adoption of the Subdivision Contra! Law by d) proposed use,or Board finds adequate for'the way's p P prior to the ,e) a way shown on a plan of a subdivision recorded at the Registry of Aeeds or the Land Court adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a7 joined to and made part of an adjacent lot,or 10Llaeled"Not A Building LOC. Each lot on the plan conta'ssis a building wlzieh existed prl'or to the ado��ap 'of the S•ubdivisiou C. ' Control Lal9. The plan shows an existing parcel with no new lot division(s) and has frontage ou a way described above. Received: Town of'North Andover Town Clerk(date stamp): Signature of Town official receiving this application: :,• spr 07 06 11 :28a NORTH ' ANDOVER 9786889542 p. 3 RECEIVED 2006 A Y -3 PM It 00 TG Mq or NOR TH'A Nbu'ni 10; �Nootice to APPLICANTI OWN CLERK of action of Planning Board on acro 1.J 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. ne North Andover Plansling Board has determined that said plan shows a subdivision,=visionr the ,aisdefte Control d by G.L.c.41,s.81-L and must therefore be re-submitted to it for approval Law. Very truly yours, North Andover Planning Board By Date: �t s EXHIBIT A Street Address Assessor Info Deed Reference 47 Salem Turnpike Map 27,Lot 21 BK 6995,PG.231 41 Salem Turnpike Map 27,Lot 20 r BK 6984,PG. 116 35 Salem.Turnpike Map 27,Lot 19 BK 8384,PG. 176 29 Salem Turn flee Map 27,Lot 18 BTC 5152,PG. 172 21 Salem Turnpike Map 27,Lot 17 BK 5132,PG. 338 768 Waverly Road Map 27,Lot 16 BK 3037,PG.49 782 Waverly Road Map 27,Lo BK 3899,PG.275 792 Waverly Road Ma ,2 Lot 25 BK 5431,PG. 195 802 Waverly Road Map 27, o BK 928,PG. 396 814 Waverly Road Map 27,Lot 26 . BK 3374,PG. 300 Dec 28 06 10: 3Ga NORTH ANDOVER 9786889542 p. 1 Town of North Andover a y Office of the Planning Department Community Development and Services EpyIVED n ,S 4.,..••�t� 1600 Osgood Street s,cHuse North Andover, Miassachusetts 01845 Lincoln Daley 1005 DEC –7 �f� 59 Town Planner Telephone(978)688-9535 Fax(97 542 NOri �,�10� NOTICE OF DECISION MAsSfirtrU,; r�,, Any appeal shall be filed Within(20)days after the Date of filing this Notice In the Office of the Town Date: December 6,2006 Clerk Dates of Hearings:November 21,2006, December 5,2006 Date of Decision: December 5,2006 Petition of. Rice North Andover,LLC., 54 Jaconnet Street, Suite 203, Newton,Massachusetts 02461 Premises affected: North Andover Assessor's Map 27,Parcels 16, 17, 18, 19,20,2I,22,23,24,25& 26. Referring to the above petition for a Special Permit within the Planned Commercial District Overlay. The application was noticed and reviewed in accordance with the procedures for approval described in Sections 10.3,10 and 15 of the Town of North Andover Zoning Bylaw and MGL c.40,sec.9. So as to allow:the use of a retail pet store within the 11,295+-square foot building adjacent to the Walgreen's Pharmacy building located in the Planned Commercial District. After public hearings given on the above dates,the Planning Board voted to APPROVE the Special Permit based upon the following conditions: Signed:Z� Lincoln Daley,To Planner, For the Planning Board Cc: Applicant Richard Nardella,Chairman Engineer Aberto Angles Abutters Richard Rowen Building Department Jennifer Kusek Johns Simons(Absent) Post-it"Fax Note 7671 Daie 1 p p pages► T d p eA) From O Co./Dept- Phone# Phone#t Fax h ! �0 Rp G O 5 Fax fi BOARD OF APP€ ! Q — MAtry"71F4S40 PLANNING 699-9535 Dec 28 06 10: 36a NORTH RNDOVER 9786889542 p. 2 Planned Commercial District(Special Permit-INiap 27,Parcels 16 through 26 Retail Building Use December 5,2006 In accordance with Section 15.2.1(a), the planning Board herein approves the proposed retail pet store within the 11,295+- Special Permit for the Pharmacy previously approved b foot retail building adjacent to the Walgreens Permit. These ouil y a y the Planning Board on November 12,2005 under a Site Plan Special buildings are Located in the Planned Commercial Overlay District and on Map 27, rcels 16, 17, 18, 19,20,21,22,23,24,25&26 when combined total approximately 4.42+-acres 192 548 s. This Special Permit was requested by Rice North Andover, Massachusetts 4246I. This application was filed with the Planning Board on Oc ole Suite 203,Newton, applicant This a complete application which was noticed and reviewed in accordance w06. The ith Sections 10.3, 10.3I, I5.1,and 15.2.1 of the Town of North Andover Zoning Bylaw and MGL c.40A sec. 9 The Planning Board makes the following findings as required by the North Andover Zoning'B laws Section 10.3: y FINDINGS OF FACT: 1• The specific use as a retail pet store is an appropriate location for the project as it i Planned Commercial Overlay District and involves a J s located in the Permitted use within the zoning district. 2. The use as developed will not adversely affect the neighborhood as the landscape design will not be modified from the landscape design plan previously approved for te site.Further, compatible with the character and uses of the Town the use is community, aprodes shgnif cant economic benefits to the . 3. There will be no nuisance or serious to vehicles or pedestrians require any alterations or major modificationsl t he approved as the o parking Proposed suse does not design,access or egress points. Paces,parking 4. Adequate and appropriate facilities will be provided for the The project will provide for municipal water,sewer and utilitiesonther e propertyn of the proposed use. the needs of the project. Furthermore,the design of retail facility contains desiign characteristics adequately address are present in traditional town centers,and nearby commercial projects in North Andover. 5. Finally the Planning Board finds that the specific use is in harmony with the genera!Purpose Zoning Bylaw. purp of this 6. The applicant shall adhere to all of the terms and conditions of the Site Plan Special Permit is the Planning Board on November 15,2005. sued by The Planning Board makes the following findings as required by the North Andover Zoning 13ylaws Sections 15.1 and 15.2.1 FINDINGS OF FACT: 1- The proposed use satisfies the intent of the overlay district by developing unique and specific tracts of land identified by the Town's Master Plan and Planning Board for the purpose of planned commercial development. 2. The proposed use is compatible with the character and uses of the Town and provides significants economic benefits to the community. The design of the retail facility contains design characteristic that are present in traditional town centers and nearby commercial projects in North Andover. 2 Dec 28 06 10: 36a NORTH ANDOVER 9786889542 p. 3 Planned Commercial District/Special Permit- Retail Building Use Map 27,Parcels 16 through 26 December 5,2006 3. The proposed use will not impact the approved parking and traffic design. Further., ade adequate arki facilities are provided for each use and structure in the development, 4 P ng 4. The project does not adversely affect the natural environment to the detriment of community unity 3 i r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands j 242-1333 Ll WPA Form5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2.This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Mark Investment, Inc. use the return a. First Name b.Last Name c.Company key. 54 Jaconnet Street d. Mailing Address �e Newton MA. 02461 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): See Attached List a. First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: Salem/Turnpike/Waverly Road North Andover a.Street Address b.City/Town Map 27 Lots 16 through 26 c.Assessors Map/Plat Number d.Parceill-ot Number Latitude and Longitude, if known (note: 42-40'-41.8" 71-08'-1.33" electronic filers will click for GIS locator): e.Latitude f.Longitude s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b:Certificate(if registered land) c. Book d.Page 8119105 ( f i 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of I suance 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Site Development Plans for Proposed Walgreen's and Retail store (Sheets 1 through 11) a.Plan Title Bohler Engineering, PC. _ William D. Goebel, P. E. b. Prepared By c. Signed and Stamped by d. Minal evision Date e. Scale f.Additional Plan or Document Title g. Date $ 800.00 _ $ 237.50 $ 562.50 _ 9. Total WPA Fee Paid: a.Total Fee Paid b. State Fee Paid c.CityfTown Fee Paid Page 1 of 9 wpatorm5.doc• rev.3I1IOb T Massachusetts Department of Environmental Protection \ DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1333 j Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings i. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land.Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank — linear feet c.linear feet d.linear feet a.linear feet b. 4. ❑ Bordering Vegetated _ _ Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b: square feet c.square feet d.square feet Waterbodies and Waterways — e.cu.yd dredged f.cu,yd dredged wpaform!;x1oc• rev.311/05 Page 2 of 9 Massachusetts Department of Environmental Protection �.. Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1333 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood _ Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal.Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.Gy nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c:Gy nourishmt. d.c/y nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt _ Ponds a.square feet b.square feet c.cu.yd dredged d. cu.yd dredged 18. ❑ Land Containing _ Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to _ Coastal Storm Flowage a.square feet b.square feet wpaform5 doc• rev.3/1105 Page 3 of 9 Ll242Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection- Wetlands WPA Form 5 - Order of Conditions -1333 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply; a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then 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 the 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 done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP] "File Number 242-1333 wpaform5.doc• rev.3/1105 Page 4 of 9 I t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1333 �LL Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall 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 erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1105 Page 5 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1333 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 b.Citation a.Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the following 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. If you need more C. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional See attached conditions, select box to attach a text — document Page 6 of 9 wpaform5.doc• rev.3/1105 e DEP FILE. # 242 - 1333 Therefore, the North Andover Conservation Commission (hereafter the"NACU) 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 8.3 (p.37) of the Nortli Aiidover Wetland Regulations). 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. C.\ Vimvoid\OOC\Wavcrl)/Turnpike-Walgreens.doc l NACC 2/1/2006 DEP FILE# 242 - 1333 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. This Order of Conditions is issued under File No. 242-1333. 26. 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. 27. 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. 28. The proposed work includes: the removal of an existing single-family dwelling and other associated structures in order to construct a 14,820 s.f Walgreens Pharmacy facility and an additional retail building with associated grading, stormwater management structures,parking, and appurtenances within the buffer zone to a Bordering Vegetated Wetland. The majority of the work,including the building themselves,are located outside of the 100' buffer zone of the wetland resource area. The NACC finds that the project as proposed does not and cannot meet the recharge standard #3 of the state and local Stormwater Management Policy given the site conditions,the high groundwater table and the proposed stormwater management design. However,the NACC is satisfied with the applicant's redesign by increasing the existing piping systems and redirecting drainage flows so as not to result in a net loss of recharge from the site to negatively impact downgradient resource areas. However,given these conditions,the NACC finds that the entire site, including those areas outside of the buffer zone, is extremely vulnerable to erosion and sedimentation concerns. For this reason,the NACC finds that it is essential that jurisdiction, specifically for environmental monitoring purposes,falls beyond the 100-foot buffer zone,which may be reflective in the conditions of this Order. 29. 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: Mark Investments, Inc. (Applicant) 54 Jaconnet Street Newton, MA 02461 Dated August 16,2005; C:AWinword\UOC\Waverly/'Turnpike-Walgreens.doe 2 NACC 2/1/2006 DEP FILE #242 - 1333 Site Plans prepared by: Bohler Engineering,P.C. 352 Turnpike Road Southborogh,MA 01772 Entitled "Site Development Plan for Walgreens - Proposed Walgreen's/Retail Store" dated 8/4/05, revised through 1/3/06, consisting of sheets 1-11. Stamped & Signed by William D. Goebel, P.E. Drainage Report prepared by: Bohler Engineering, P.C. Entitled "Drainage Report",including the Operation&Maintenance Plan dated August 4,2005,revised through October 24,2005; Drainage Plan: Entitled "Watershed Exhibit Plan", dated 11/2,/05; Other Record Plans & Documents: Geotechnical Report entitled "Geotechnical Exploration-Evaluation Proposed Pharmacy &Retail Development Waverly Road-Salem Turnpike North Andover, Massachusetts", dated June 28,2005, and received October 27,2005; Environmental Notification Form (ENF) entitled "Proposed Retail Center", dated October 31,2005, and received November 10,2005; Revised Filing Fee letter prepared by Bohler Engineering dated September 20,2005; Re-notification to abutters letter prepared by Bohler Engineering dated September 21, 2005; Letter prepared by Bohler Engineering dated August 30, 2005; Stromwater Management Review Letter prepared by Eggleston Environmental dated October 7,2005; Stormwater Management Review Response Letter PP Y Engineering,prepared b Bohler En ineerin , P.C. dated October 26,2005 Stromwater Management Review Letter prepared by Eggleston Environmental dated November 2, 2005; C:AWimpord\OOC\Waverly/"i'urnpike-Walgreens.doc 3 NACC 2/1/2006 DEP FILE # 242 - 1333 Stormwater Management Review Response Letter prepared by Bohler Enginnering, P.C. dated November 7, 2005; Stromwater Management.Review Letter prepared by Eggleston Environmental dated November 14,2005; Stormwater Management Review Response Letter prepared by Bohler Enginnering, P.C. dated January 3, 2006; Letter prepared by Alison McKay, North Andover Conservation Administrator,to the Massachusetts Highway Department dated December 1,2005; Letter prepared by Alison McKay,North Andover Conservation Administrator,to William Goebel of Bohler Engineering dated December 15, 2005, Letter from Eugene Willis, North Andover Director of Engineering, dated December 12, 2005; Letter from Eugene Willis, North Andover Director of Engineering, dated December 27, 2005. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to a Bordering Vegetated Wetland. 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. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the approved plans referenced herein as previously approved for the Eaglewood site,DEP File #242-1220, and along the property boundary as noted. 32. 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 in those locations as depicted on the approved plan referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive C:AWimrord\ooc\WaverlN,/Turnpike-Walgreens.doc 4 NACC 2/1/2006 DEP FILE #242 - 1333 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 3.4 & Appendix F of the local Regidations). 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 Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to 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. 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 anyway imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR 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 hldex 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 (':AWinvord\OOC\VWaverly/farnpikc-Walgreens.doc 5 NACC 2/1/2006 DEP FILE #242 - 1333 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 DEP, File Number 242-1333." 39. Prior to the commencement of any work, the applicant shall permanently mark the edge of the "25' No-Disturbance Zone" with seven (7) signs or markers spaced evenly every 40 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. 40. Prior to the commencement of any work,the applicant shall submit to the Conservation Department a comment letter from the MA Highway Department relevant to the drainage system as previously requested by the NACC and as requested in the letter to the MA Highway Department dated December 1,2005. 41. Prior to the commencement of any work,the applicant shall submit to the Conservation Department a revised Grading Plan,which shows the approved erosion control locations. 42. Prior to the commencement of any work,the applicant shall submit to the Conservation Department for review and approval a revised landscaping plan detail for the southwestern corner of the site.. The current landscaping plan depicts 7 Austrian Pines (Pinus nigra)to be planted within the 25' No-Disturbance zone in this location. The NACC has determined that these plantings may not be adequate in enhancing or protecting the 25' No-Disturbance Zone. As such,a qualified wetland scientist shall prepare a landscaping plan in this location, which would be more suitable for the site. 43. Prior to the commencement of any work,the applicant shall submit to the Conservation Department a copy of the approved NPDES Storm Water Pollution Prevention Plan (SWPPP) for the file. 44. 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 C:AWimvord\OOC\Waverly!/Turnpike-Walgreens.doc 6 NACC 2/1/2006 DEP FILE #242 - 1333 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. 45. 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. 46. Prior to any work commencing on site,the applicant shall submit to the NACC for approval, a detailed construction sequence,including a dated timetable of construction,the construction of compensation and retention areas,installation of sedimentation/erosion control devices,roadway infrastructure,phasing associated with the development and the construction of the associated stormwater management structures. The construction sequence shall specify that the stormwater management structures will be constructed first, prior to any other site preparation. This timetable must continue to be updated throughout the project. 47. 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. 48. 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 b the NACC prior to the start of P Pp Y disturbed areas have been permanently construction and shall remain intact until all p Y 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 C:AWimvord\OOC'\Waverly/T'urnpike-Walgrcens.doc 7 NACC 2/1/2006 DEP FILE # 242 - 1333 installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 49. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 100 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. All additional emergency erosion controls shall be on site prior to the commencement of any work on site and will be verified by the Conservation Department during the pre-construction meeting. 50. A check payable to the Town of North Andover shall be provided in the amount of $100,000,which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer 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. 51. The applicant shall designate a Qualified 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. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm for subsequent review and approval by the NACC or agent thereof. 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. 52. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occurs on-site and for as long thereafter as ground remains unstable, it is the applicant's responsibility to ensure that the Environmental/Erosion Control Monitor (EMC) monitor the site and submit written reports to the NACC. The EMC shall certify 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 setbacks are being adhered to. The EMC must visually inspect all sedimentation/ C:\WinNsord1000\Waverly/Turnpike-Walgreens.doc 8 NACC 2/1/2006 DEP FILE #242 - 1333 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. Monitoring reports shall include current condition of erosion and sedimentation controls,describe any erosion or sedimentation repair and/or replacement; and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports. This request must be submitted in writing and is subject to approval by the Conservation Administrator. 53. 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 least five (5) business days after to the closing of said land transaction. 54. 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 for each pre-construction meeting(e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 55. All construction and post-construction stormwater management systems shall be conducted in accordance with the approved construction sequence,supporting documents and plans submitted with the Notice of Intent,the Department of C:AWinword\OOC\Waverly/Turnpike-Walgreens.doc 9 NACC 2/1/2006 DEP FILE #242 - 1333 Environmental Protection Stormwater Management Policy, and the approved Operation and Maintenance Plan attached herein. 56. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer. The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted until a Certificate of Compliance is issued. Compliance with the designed stormwater management system and associated stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 57. All drainage structures shall be properly installed and functional. During construction, all drainage structures shall be maintained, as outlined in the approved Operation and Maintenance Plan attached herein. 58. Construction of the stormwater structures shall be constructed and functioning as part of the initial project phase,immediately following clearing and rough grading of the site to serve as siltation control during construction. Runoff from the site shall be directed towards these basins. 59. Temporary and/or permanent basins being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6) inches. The basins shall be cleaned of sediment prior to final grading and construction of permanent stormwater basins. 60. 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. 61. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 62. Prior to the issuance of the Certificate of Compliance,the applicant shall be responsible for cleaning all stormwater structures, in accordance with the approved Operation & Maintenance Procedures Plan attached herein and the associated stormwater management conditions referenced herein. 63. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps,outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North C:AWinword\ooC\Waverly/'rurnpike-Walgreens.doc to NACC 2/1/2006 DEP FILE #242 - 1333 Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION J1 64. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 65. A crushed stone construction entrance shall be designated at the entrance/exit drives along Waverly Road to minimize soil/material tracking in accordance with the approved standards and specifications and as shown on the approved plan referenced herein. This entrance shall be maintained and reinforced as necessary. 66. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction onsite or unless authorized by the Conservation personnel. 67. Upon beginning work, the applicant shall submit written progress reports every week 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. 68. 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 Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 69. The sewer lines on the site,where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 70. Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be installed at any catch basin/storm drain within 50 feet of the site. 71. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. C:AWimpord\00C\Waverly/Turnpike-Walgreens.doc 1 l NACC 2/1/2006 DEP FILE #242 - 1333 72.Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring,. 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. 73. Associated pavement and roadways shall be swept at least once per week or as directed by the Erosion Control monitor,the Site Supervisor, Project Manager,or the Conservation staff for as long as the site remains exposed and unstabilized. 74. 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. 75. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded,loamed and seeded prior to November 1St of each year.Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 76. 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. 77. Equipment shall not be staged overnight within 100-feet of a wetland resource area. 78. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 79. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 80. All waste generated by, or associated with, the construction activity shall be contained within the construction area,and away from any wetland resource area. C':\Winword\00C\Wavcrly/Turnpike-Walgreens.doc 12 NACC 2/1/2006 DEP FILE #242 - 1333 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. 81. 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. AFTER CONSTRUCTION 82. 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 Towns Wetland protection Bylaw. 83. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen tNTpes (< 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: 84. The approved Operation &Maintenance Plan is fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. 85. Prior to the issuance of a Certificate of Compliance,the applicant must submit proof of contract to the Conservation Department in the form of a written and signed document from the assignee(s) responsible for conducting the perpetual site maintenance in accordance with the Operation & Maintenance Plan. In addition to this contract,the applicant shall submit an Affidavit from the assignee (s) acknowledging the Operation &Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation & Maintenance Plan and other perpetual conditions mandated in this Order. 86. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces within the buffer zone, and any arrangement for snow removal shall so C:AWimvord\OOC\Waverly/Turnpike-Walgreens.doc 13 NACCC 2/1/2006 DEP FILE #242 - 1333 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 as depicted on the approved plan referenced herein. The approved plans depict three (3) no-snow stockpiling signs. The NACC finds that an additional no- snow stockpiling sign is needed. This additional sign shall be placed at the end of " immediate) u adient board on board fence along the 50 No-Construction Zone y pgr to wetland flag 1-107. Additional signs may be assigned in other locations as directed by the Conservation Administrator if necessary. The location and placement of these signs are subject to review and subsequent approval by the NACC or Agent thereof. Signs are available for purchase at the Conservation Department for a fee. Additional snow management procedures and snow storage/removal operations shall be addressed in accordance with the approved Operation &Maintenance Plan. 87. 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. 88. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 89. 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 purchasing their property. 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/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. C:',Winaord\OOC\Waverly/Turnpike-Walgreens.doc 14 NACC 2/1'2006 f DEP FILE # 242 - 1333 i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer(and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: v "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. v "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. Y 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. y A line showing the limit of work and the extent of existing erosion control devices. "Work" includes a—X disturbance of soils or vegetation. Location of all subsurface utilities entering the property. 90. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: y 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 this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. 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 (Condition#32); Discharge or spillage of pollutants (Condition #81); r Maintenance of catch basins (Condition #68); i% Maintenance of all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to C:AWinword\ooC\Waverly/Turnpike-Walgreens.doc 15 NACC 2/1/2006 DEP FILE #242 - 1333 avoid blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #63); Prohibition of underground fuels (Condition #82); y Limitations on the use of fertilizers,herbicides, road salts, de-icing compounds and pesticides (Conditions #83 & #86). r 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. C:AWinvord\OOC\W,svea•ly/Turnpike-Walgreens.doc 16 NACC.2/1/2006 DEP FILE # 242 - 1333 APPENDIX A AFFIDAVIT on oath do hereby depose and state: (authorized agent of applicant and / or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission (NACC). and /.or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20____, I 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 the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20, (Authorized agent of applicant or owner) C\b1'imvord\OOC\Waverly/"Turnpike-Walgreens.doc 17 NACC 2/1/2006 E STORMWATER SYSTEM OPERATION AND MAINTENANCE PLAN The Proposal is for a private development. The parking and loading areas and its infrastructure will be the sole responsibility of the land owner. Developer: Mark Investments,Inc. 54 Jaconnet Street Newton, MA 02461 (617)332-8140 COMPONENT: Parking Areas RESPONSIBILITY: Landowner during and after construction. ACTION: Sweeping FREQUENCY: Bi Annually DESCRIPTION: Driveways and parking areas shall be swept semi-annually(twice per year). The land owner will monitor all areas and remove sediments as necessary, considering both annual necessity and the need for more frequent cleaning during construction. Sweeping shall be performed to remove sediments prior to introduction into the stormwater collection system. Washing and water jetting shall be discouraged. The following components shall be inspected after any large storm event of 1.5" or more, in addition to the periodic inspections noted below. Large storm events are defined as,but are not limited to the following 24 hour rainfall amounts: 2 year storm=3.1 inches 10 year storm=4.5 inches 25 year storm=5.4 inches 100 year storm=6.5 inches After the occurrence of any of the storm events noted above, or any other heavy rainfall that may have affected stormwater management facilities, the designated inspector shall inspect the components listed below for evidence of scouring or erosion, excessive sediment deposits, clogging of stormwater structures, or any other condition that may adversely affect stormwater management operations. All infiltration structures shall be inspected again 72 hours after such storms to make sure all of the flow has infiltrated. After the first year of successful operation, the frequen-cv of inspection can be reduced to include only the larger storms of sever ete sor more. llu If any of these conditions are observed, then appropriate actions should be taken to restore the stormwater management facility so that it operates as intended. COMPONENT: Deep sump catch basins RESPONSIBILITY: Property owner during and after construction. ACTION: Sediment removal/sump cleaning, FREQUENCY: Annual DESCRIPTION: Basins are to be cleaned on an annual basis. The land owner will monitor sumps and remove sediments as necessary, considering both annual necessity and the need for more frequent cleaning during construction. Precautions shall take place to maintain the integrity of the oil trapping hoods during cleaning. The hoods shall be inspected and repaired as necessary. Accumulated Hydrocarbon shall be collected separately from accumulated sediment. All material shall be disposed of in accordance with DEP regulations. COMPONENT: Opendetention basins RESPONSIBILITY:Land owner during and after construction. ACTION: Various inspection, maintenance, and cleaning activities FREQUENCY: Annually or as otherwise needed DESCRIPTION: The detention basins shall be inspected a minimum of once per year to ensure that they are operating as intended and that all components are stable and in working order. The property owner should retain the services of a professional engineer with experience in drainage and stormwater to perform the inspections. During the growing season, the side slopes of the ponds shall be mowed at least twice, with additional cuttings performed as needed. All tree saplings of any species will be removed from embankments and the pond bottom. The inlet to the pond shall be inspected for erosion and sedimentation, and rip-rap shall be promptly repaired in the case of erosion. Sediment collecting in the pond bottom shall be inspected annually, and removal shall commence any time the sediment reaches a depth of six inches anywhere in the pond. '4ny,pond sediments removed shall be disposed of in accordance with the latest DEP guidelines for stormwater sediment disposal. Sediment removal and other pond maintenance activities shall not be considered as a wetland alteration under the A1LI tiVetland Protection Act. i; CO-TN1PONENT: Sediment Chambers/Vortsentry Units RESPONSIBILITY: Land owner during and after construction. ACTION: Inspection FREQUENCY: 2 times per year DESCRIPTION: See attached Manufacturer's Maintenance Guidelines. All accumulated materials shall be disposed of in accordance to DEP regulations. COMPONENT: Snow Storage Areas DESCRIPTION: Snow stockpiling shall be limited to those locations depicted on the Site Plans. When accumulated volume of stockpiled snow becomes an impedance to pedestrian or vehicular traffic, excess volumes shall be removed from the site. Vortsentry® Inspection Inspection is the key to effective maintenance and is easily performed. Stormwater360 deposition recommends Q going quarterly inspections of the accumulated sediment. Pollutant p insure the stem is and transport may vary from year to year and quarterly inesp rfo m d�morie oftenlin he winter P cleaned out at the appropriate time.Inspections should pe id accumulations, or in equipment months in climates where sanding operationsmayrecord lead to er each rapid inspection. A simple form for doing so washdown areas.it is very useful to keep is provided. has The VortSente should be cleaned when he treatment rsumpS Th stdetermhe sedlinat onmentdcanepthbe made by accumulated to a depth of three feet in two measurements with a stadia'rod or similar measuring d from the manhole opening to ement from taking the to of the sediment pile and the en in the following table, o iv 'n t p e manhole opening n the distance g the than measured is less ace. If the distance m urftreatment. the waters tive e e maintained to en sure effec VortSent s ho uld b the rY VortSent °Maintenance indicators distance between water sediment storage VortSente Diameter surface and top of model stora a sum d m designation ft M ft' m 0.6 2.4 0.7 0.8 VS30 3 0.9 3.5 1.1 1.4 1.1 VS40 4 1.2 44 1.3 2.2 1.7 4 . VS50 5 1.5 5.3 1.6 3.1 3.3 VS60 6 1.$ 6.1 1.9 4.3 VS70 8 4.3 2.4 7.0 2.1 5.6 VS80 Note: to avoid underestimating the Volume of sediment pile carefullytn Finerthe hsi y Particles at the top of the r,the measuring device must be lowered to the top of the s pile typically offer less resistance to the end of the rod than larger particles toward the bottom of the pile. Cleaningthe system. dor this reason, ¢' Maintaining the VortSentry®is easiest when there is no flow entering d weather. The most effective method of it is a good idea to schedule the cleanout during dry nts maintenance is virtually identical l excavating pollutants from the VortSente is to use a vaccuum truck. Since there are no internal ex 9 components that block access or view of captured im lpollutants, remove the manhole cover and insert the e maintaining a catch basin with a deep sump. Simply vacuum hose into the grit chamber. All pollutants can be seated tohensure that surface vac manhole covers should be Once the system is empty, runoff does not leak into the unit from above. be used,but it is difficult to remove all If a vacuum truck is not availabie, a"clamshell'grab may accumulated pollutants with such devices. petroleum splits is smail,floating liquid In VortSentry®installations where the risk of large p s i11 should be cleaned contaminants may not accumulate as quickly as sediment. However, any p ne pollutants,it ' el . Motor oil and other hydrocarbons that accumulate To remove theste p basis out should be sat y appreciable layer has been captured. should be removed when an app debris can t a be referable to use adsorbent pads since they e ot}y layers Floating dispose of than the of may p vacuuming water emulsion that may be created by vacuumed or netted out separately if accumulation outpaces sediment accumulation. .4 sample vortsentry Technical Design Manual VortSentry` VortSentry® Inspection & Maintenance Log Model: Location: .x �Datn "Suace�,a -"tP ''a le er fY ,tlNarnertanc " Maintenance Gommerim;. t{ a ��Sedimen t � '1Gt�i ssa• �°`�� � ��:Performed' � �' 3 ' Personnel _ {Sn�Ps '' Z r �•r .� „rsty `x'-3a n•1' !o°;_ "rY'• J141= s X✓x 1'Y..,> r.r 4 r.'i„ v�, .,:4 :':<. } • i +k,*a �." '' "s r iy�.ys.�°•jt`�' � .� id ai 'Y d T �"iw '4'- k r x p �' 3 t .it• e rs 3 cYt � " " s e. t - . t. g 'fa. � 04 y 6z.�x zyd � 7�3 � +7 s' r, � L .r,N d✓ r .c rar :ks�]s"i �' tg J7 sips f r } l rr✓�, �S t n 'f AJe 1 " v ! J e t i 4ML�{s^a � x 3 - ��-1? 2. The water depth to sediment is determined by taking two measurements with a stadia rod:one measurement from the manhole opening to the top of the sediment pile and the other from the manhole opening to the water surface. When the difference between the two measurements Is less than the value from the table below, maintenance should be performed. VortSentryo Maintenance Indicators distance between water VortSentry®model Diameter surface and top of storage sediment storage designation sum ft M ft m yd m VS30 3 0.9 2.4 0.7 0.8 0.6 VS40 4 1.2 3.5 1.1 1.4 1.1 VS50 5 1.5 4.4 1.3 2.2 1.7 VS60 6 1.8 5.3 1.6 3.1 2.4 VS70 7 2.1 6.1 1.9 4.3 3.3 VS80 8 2.4 7.0 2.1 5.6 4,3 2. For optimum performance,the system should be cleaned out when the floating hydrocarbon layer accumulates to an appreciable thickness. in the event of a spill,the system should be cleaned immediately. Sample VortSentry®Technical Design Manual 6 Massachusetts Department of Environmental Protection DEP File Number: 71 li, Bureau of Resource Protection -Wetlands !, WPA Form 5 - Order of Conditions 242-1333 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form: '? This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to4he appropriate Department of Environmental Protection Regional Office, if not filing electron ally, afid the prdpel owner, if different from applicant. A Signatures: -r -7� = ',,•' .� ' I r Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On thisDay — of Month r' Year Before me, the undersigned Notary Public, ` t`1{ personally appeared Name of Document signer proved to me through satisfactory evidence of identification,which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. North Andover Conservation Commission As member of city own cmawA NQ� Signature of Notary Public Printed Name of Notary Public. Place notary seal and/or any stamp above My commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on Ef by certified mail, return receipt requested, on Date Date Paqe 7 of 9 wpatorm5.00c• rev.al1i05 - } VortSentry® VortSentry® Inspection & Maintenance Log - Sample Model catron` AnytpWn North Am o erica Kr y e eee�����t .�t ��.}..` i .�a � i.'F• arr�t7a 3 � 9 �,.,+ � k f < e Date ' _uaceafdatff yr , 5 �Matritea�tce kis Malnte a i y t a nCe xrz7a a ro m5� Y u � e s r COtTtRlfEntS f PetE6r L I erso nel > p�stance wL 12/t/01 ``1Q t ' a S r q r;<a,s 4 5 Y k ^z''��° E �i,�t k 3x .Q Af r y'r 3vE d V a 3 1 r s"- a L °.��,#. # .'rya"¢ tf}�'E`z3�;.,�Y 3't'� (/i� �S",� L^�4 k F BJoh nson k IRStaIIBd t ktZer , herrn �' a� P �iis t; 3Bohn ` S weP t arm tote :A P k 9 x. civ t•'a > '7tr:`�a F e.,�y�Y'h 1[�t'�"k 5, F ' +E •g 6/1 02�rz � ,„, •4 �' � t �� aw3r �* r u r � � t� P , / � 9 �% �'� 'M.`FY{2� � 4� � �' �4 45 yfiv� Y� 3`41'{ � `Y�' F • 2 St1eBn.",y '• xa� r}+S t E. rd':>�fv rr�;:. ti �'�j�.+.+�b r,�k� ki'Z,�'F.��r x. ��y '�a f S�3y 1 d 19t /0 r or pad`tl l© 13c�� PIT Y .,, s eta �p � i Oils fll ,• ^�+p>i a b16 3S Rtteyn : � �qi'� a�� �tL�� ��. y i`'�37°.,.U.�C� z �'t�. .*r�"�"yt 4+1 ? 9r �^ra�'�t Yt - a}++ �-. �h q 3•; 12!1/92 x1 3 Efl ti f S a i s Tu �yX{� r R s n t x . �Yone r S Rile 9k� R c : y Y } * ''k f ��3,9 k':s� r i E v .,�,?r; ��#.� F f s, .SA'��r n.k a t r,� R � �� k•'t k :'e .h Y t 4/1/Q3uy � 14, aT �* ! sig at,' A�kis q f y r r +Meav flo rk t,x � e�4? itJt Sc{t,edu ends . z S Riley Y 9 t 4 3 'tt °N@ cvq G.'+"pkigdi ki. r`a4 Rk1,,„ ha {'✓ ��' taY t '�ea yak€s r y Chamberactiatetl,: ACE Environmerttal Cleanout r1s F, ,` ,�rk,} err � �` F* � � �p'f iY 4 rtitfG y•4 t� d�Y 3. t¢ SAMPLE SHEET , } r 'e'•:v a off: �v s �.,v '�Y a 4 k `a'.,.„.r.: '� '�':� '�..�'...,�,,21rk.,.,.,i't sr t.ar,��y �.+> �' v�x\.-:'. d .{'��) S xy . 8 1. The water depth to sediment is determined by taking two measurements with a stadia rod:one measurement from the manhole opening to the top of the sediment pile and the other from the manhole opening to the water surface. When the difference between the two measurements is less than the value from the table below, maintenance should be performed. VortSentrvo Maintenance Indicators distance between water VortSentry®model diameter surface and top of storage sediment storage designation sum ft m ft m clm VS30 3 0.9 2.4 0.7 0.8 1 0.6 VS40 4. 1.2 3.5 1.1 1.4 .1.1 VS50 5 1.5 4.4 1.3 2.2 1.7 VS60 6 1.8 5.3 1.6 3.1 2.4 VS70 7 2.1 6.1 1.9 4.3 3.3 VS80 8 2.4 7.0 1 2.1 5.6 4.3 2. For optimum performance,the system should be cleaned out when the floating hydrocarbon layer accumulates to an appreciable thickness. In the event of a spill,the system should be cleaned immediately. Sample VortSentry®Technical Design Manual 5 ( � Massachusetts Department of Environmental Protection DEP File Number: - Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1333 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal 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.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the publichearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. Page 8 of 9 wpaform5.doc• rev.311105 - r Ll242Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions -1333 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. 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 land, 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 on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ---------------- ---------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1333 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for. Property Owner 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 identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.311/05 Page 9 of 9 DEP FILE # 242 - 1333 APPENDIX A—AFFIDAVIT L on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20 I 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 the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Si,,)r:ed under the pain and penalties of perjury this day of , 20 I (Authorized agent of applicant or owner) C:",7,it iv�rd\Ooc'Waderidfrtunpike-walareens.doe I7 NACC 2/1/2006 Bohler Engineering, P.c. 352 Turnpike Road,Suite 105 Southboro,MA 01772 LETTER OF TRANSMITTAL Tel: (508) 480-9900 • Fax: (508) 480-9080 PROFESSIONAL ENGINEERING SERVICES a TO: DATE: April 19, 2006 North Andover Town Clerk RE: Rice North Andover, LLC 120 Main Street Proposed Walgreen's North Andover, MA Route 114 @ Waverly Road North Andover, MA Attention: Job No. W041029 We are sending you the following items via: Fed Ex ❑Attached ❑Shop drawings ❑ Prints ® Plans ❑Specifications ❑Copy of letter ®Other Item # # of copies Date Description 1 1 Form A-Application for Approval Not Required 2 1 Approval Not Required Plans �n "-'O rn r These are transmitted: ❑For approval ® For your use ❑ As requested ❑ For review and comment COPY TO: File FROM: Jim Bernardino, P.E. If enclosures are not as noted, kindly notify us at once. 352 Turnpike Road BOHLER Southborough, MA 01772 508.480.9900 ENGINEERING P.c. 508.480.9080 fax ma@bohlereng.com April 19, 2006 North Andover Planning Board c/o Lincoln Daley 400 Osgood Street North Andover,MA 01845 Re: ANR Filing Proposed Walgreen's Route 114 @ Waverly Road North Andover,MA Dear Members of the Board: On behalf of the applicant,Rice North Andover,LLC,I enclose herewith Approval Not Required plans and applications for the above mentioned site. The enclosed plans and applications will combine the ten existing residential properties located at the intersection of Waverly Road and Route 114. The combination of these properties will form the lot that will be utilized for the proposed Walgreens. Also enclosed herewith is a check in the amount of$110.00 for the filing fee and review of the application. The gr unds on which the applicant believes the plan does not require approval under the subdivision control law is categorized in the attached application under Category B Subsection A, "each lot has been clearly marked on the plan to be joined to and made part of an adjacent lot." I ask that the Board please review the enclosed information and consider endorsing the approval not required plan. Please do not Hesitate contacting me if you have any questions or comments. Sincer$ly, BOIIL,ER ENGINEERING,P.C. James A. Bernardino,P.E. Cc: Rice North Andover,LLC(w/encl.) Fellman Law Group Vincent Manzi,Manzi&McCann W041029 Ltr Daley 04-18-06.doc Other Office Locations: ■Albany,NY 0 Purchase,NY ■Melville, NY ■Watchung,NJ ■Chalfont,PA ■Towson,MD ■Sterling,VA 518.438.9900 914.251.9800 516.872.2000 908.668.8300 215.996.9100 410.821.7900 703.709.9500 CIVIL&CONSULTING ENGINEERS■ SURVEYORS■ TRAFFIC CONSULTANTS■ ENVIRONMENTAL& GEOTECHNICAL ENGINEERS vvww.bohlereng.com 4 i RECEIVED T VIN LrPRK'S 0FFI� 2006 APR 19 AM 11: 56 FORM A ti 0r APPLICATION FOR APPROVAL NOT MQUI RT w; z `- r weAr-;U )DATE: (Stamp two (2) forms with the Town Cie& Pile one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board-. The undersigned, believing that the accompanying pian of property in the Town of North Andover,Massachusetts, does not constitute-a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. L Name of Applicant: lice North Andover LLQ' Aadress: 54 Jaconnet Street Newton, MA 0246i- 2.Loc> ion and bescriptioa of Property[incl ade Assessor's Map andLl of and ZordngDistrict(s)]: Assessor's Map 27 Lots 16-26 L fee ect cin of Salem Tu=Pike & 'Waverly Road Planned Qame_ m;al District See'aktached Edlibit A 3.Deed Reference: Book Page or Cerdfiicate of Title: 4.Name of Surveyor: 'ztjtm1 Paint. Associates, Inc. Address' '35 Technology Drive, 1st Fjogr _ Warren, NJ 07059 m Signature of Owner(s): I i! Zet ObeA AAAA, L Address: 54 Jacormet•Street', Newton, MA. 02461 t t - .• � ,. believe our Plan not0t t0 be Please indicate the grounds(either A,B,C or D,not 8 combinatiop) on vsrhich you b �' a•SU'l7d,lY{SIOII, A. Lach lot on the plan meets one of the following criteria. 1 Has the frontage,lot area,and foe width required under the zohing By-law on: -a) a public way,or —b) a way which the Town Clerk certifies is maintained&used as a Public way,or Caway shown an a plan approved and endorsed b tthe Pla` nom$o�d under the Subdivision Control Law,recorded in plan Book the Town an a way in existence before• d which the Yd} the adoption of the Subdivision Control law by Board finds adequate for'the way's proFosed use,or rior to the e) a way shown on a plan of a s,Wivision recorded at the Registry of Deeds or the Land Court p adoption of tht Subdivision Control Law. Each Lot leash clearly marked on the plan to be either: a) joined to and made part of an adyacmt lot,ar .Labeled"Not A Building fie,s.,zivisioiz C. Each lot on the plan contains a lauilding 'which existed Prior to the adojifiofa '� Control Late. D. The plan shows am exisYiiag parcel whiz no neve lot divisions) aria has frontage*ua way described above. Received: Town of'North Andover Town Clerk(date stamp). Signature of Town official receiving this application: Flpr 07 06 11 :23a NORTH ' ANDOVER 8786888542 p. 3 Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying pian: 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 capon the same. vsion,asdedby 2. The North Andover Planning Board has determined that said plan shows urbeth1e�Sui�divisioniCon[ra! he G.L.c.41,s.81-L and must therefore be re-submitted to it for approy�alnde Law. Very burly yours. ,. Nom ptndover Planning Board By: Date: ► I EXHIBIT A Street Address Assessor Info Deed Reference 47 Salem Turnpike Map 27,Lot 21 BK 6995,PG.231 41 Salem Turnpike Map 27,Lot 20 BK 6984 PG. 116 35 Salem Turnpike Map 27,Lot 19 BK 8384,PG. 176 29 Salem Turnpike Map 27,Lot 18 BK 5152,PG. 172 21 Salem Turnpike Map 27,Lot 17 BK 5132,PG. 338 768 Wavcrty Road Map 27,Lot 16 BK 3037,PG.49 782 Waverly Road Map 27,Lot 23 BK 3899,PG.275 792 Waverly Road Map 27,Lot 25 BIS 5431,PG. 195 802 Waverly Road Map 27,Lot 25 BK 928,PG, 396 814 Waverly Road % Map 27,Lot 26 BK 3374,PG. 300 Oi IOTROL POINT 35 Technology Drive Warren, NJ 07059 AS SO C I ATE S, IN' C. 908.668.0099 908.668.9595 fax mrmcpasurvey.com APRIL 7, 2006 C05130 METES AND BOUNDS DESCRIPTION PROPOSED LOT `A' , ASSESSOR'S MAP 27 TOWN OF NORTH ANDOVER ESSEX COUNTY, MASSACHUSETTS BEGINNING AT A POINT WHERE THE WESTERLY LINE OF. TURNPIKE STREET (A.K.A. SALEM TURNPIKE, MASSACHUSETTS STATE HIGHWAY ROUTE 114, PUBLIC, 66 FOOT WIDE) IS INTERSECTED BY THE SOUTHERLY TERMINUS OF A CURVE CONNECTING THE SAID WESTERLY LINE WITH THE EASTERLY -LINE OF WAVERLY ROAD (F.K.A. RAILROAD AVENUE, PUBLIC, 66 FOOT WIDE) , AND FROM SAID BEGINNING POINT RUNNING THENCE; ALONG THE WESTERLY LINE OF TURNPIKE STREET, THE FOLLOWING THREE (3) COURSES: 1. SOUTH 26 DEGREES 39 MINUTES - 25 SECONDS EAST, A DISTANCE OF. 123 .15 FEET TO A POINT THENCE; 2 . SOUTH 36 DEGREES .- 44 MINUTES - 47 SECONDS EAST, A DISTANCE OF 37 .10 FEET TO A POINT, THENCE; 3 . SOUTH 26 DEGREES - 39 MINUTES - 25 FEET EAST, A DISTANCE OF 351.98 FEET TO A POINT, THENCE; 4 . ALONG THE DIVIDING LINE BETWEEN LOT `A' AND LOT 22 (N/F LANDS OF LAWRENCE EAGLE TRIBUNE REALTY TRUST) , ASSESSOR'S MAP 27, SOUTH 63 DEGREES - 20 MINUTES - 35 SECONDS WEST, A DISTANCE OF 248.00 FEET TO A POINT, THENCE; 5 . ALONG' THE DIVIDING LINE BETWEEN LOT `A' AND LOT 16, MAP 24 (N/F LANDS OF EAGLEWOOD PROPERTIES, LLC) , SOUTH 89 DEGREES 41 MINUTES - 43 SECONDS WEST, A DISTANCE OF 46.29 FEET TO A DRILL HOLE FOUND; THENCE; 6 . CONTINUING ALONG SAME, SOUTH 02 DEGREES 56 MINUTES 03 SECONDS WEST, A DISTANCE 60. 00 FEET TO A POINT, THENCE; 7 . CONTINUING ALONG SAME, NORTH 85 DEGREES 08 MINUTES - 04 SECONDS WEST, A DISTANCE OF 301.72 FEET TO A POINT ON THE AFOREMENTIONED EASTERLY LINE OF WAVERLY ROAD, THENCE; 8 . ALONG SAID EASTERLY LINE, NORTH 24 DEGREES - 30 MINUTES - 40 SECONDS EAST, A DISTANCE OF 658 .37 FEET TO A POINT OF CURVATURE, THENCE; Other Office Locations: ■Chalfont,PA ■Towson,MD W Sterling,VA 215.412.9055 410.494.9445 703.904.9400 BOUNDARY & TOPOGRAPHIC SURVEYS • SUBDIVISIONS CONSTRUCTION STAKEOUT CONTROL POINT ASSOCIATES, INC. APRIL 7, 2006 C05130 PAGE 2 9. ALONG THE AFOREMENTIONED CURVE TO THE RIGHT CONNECTING THE EASTERLY LINE OF WAVERLY ROAD WITH THE WESTERLY LINE OF TURNPIKE. STREET, HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 128 DEGREES - 49 MINUTES - 55 SECONDS, AND AN ARC LENGTH OF 78.70 FEET, ALSO BEARING A CHORD OF NORTH 88 DEGREES - 55 MINUTES - 38 SECONDS EAST, A CHORD DISTANCE OF 63 .14 FEET TO THE POINT AND PLACE OF BEGINNING. CONTAINING 191,348 SQUARE FEET OR 4.393 ACRES THIS DESCRIPTION IS MADE WITH• REFERENCE TO A PLAN ENTITLED "PLAN OF LAND IN NORTH ANDOVER, MASSACHUSETTS, ASSESSOR'S MAP 27, LOTS 16, 17, 18, 19, 20, 21, 23, 24, 25 & 26, TOWN OF NORTH ANDOVER, ESSEX COUNTY, COMMONWEALTH OF MASSACHUSETTS", PREPARED BY CONTROL POINT ASSOCIATES, INC. , DATED FEBRUARY 16, 2006, REVISED APRIL 7, 2006. CONTROL POIN 0 NC. GORY DATE COMMO H M � TTS PROFE IONAL L OR #40762 JDB/1 a P:\surveys\2005\C05130\M&B\M&B - PROPOSED LOT A - 4-7-06.doc Prepared By: Reviewed By: 05/13/2004 07:20 IFAX iffy@barosin3.dyndns.org i Karen IFax 002/028 BK3037 COMHUHfTY SAVINGS BANK - 48 - a(erp0afbn dull tsbbiit)tcd nodef lhsla>,a of the Coartonvaalth of HasaachVastts u4bar4jbohu(p)tteof6tMlntvat 450 Lesex Street, Lawrence, Zenon cbmlfeMassidwto fdr4'pfrkltratitti patd,aAd ktfuttrodMditatbnef ORB kUMORSD MUMS TBOUSAND DOLLARS. (11117,00D.00) Rt ty ttOO HECTOR RIVBAJL-And AOAH R1VIRA, husband and wife, as tenants "bY the entirety - N of 76a Waverly Road, Horth Andover, M1%eeaehUV4Lte with gRittdatat EserRtplfs Y e "y ttlakalikk A certain parcel of land, with the bwildinge theseon, altuatod in North Andover, beaax County, Massachusetts. shown as e Lot No. I on x T1an of Land In 116rth Andover. r • Th* land in said North Anddvar, Massachusetts fussed County) ao- :rG gather with the buildings thereon, being shown as Lot No. i 0n a Plan _ k y of Land in North Rsdover. Massachusetts, owned by Joseph V, %ally, • dated April 20, i9S5, Ralph P. Braeusur, O.B., recorded with the Worth Lv Beaem hog Lstry of oceds as Pian No. 30e1, said promises more Particularly ee bounded and deacribed as fallows, >s x NO It ty Saler Turnpike one hundred righty foot (1B0') featt w a! 5CUTA6ALYr by Lot No, 1 on said plan eighty-nix and IA/"Oth■ �>g feet 186.181).) BOUTHVEBTSALV by Lot Ho. 2 on said plan eighty-six and 18/100thm fast 146.)U)i and c "11711W88TSRLyt by Waverly Road one hundred eighty feat (180!) ae o shown on said plan. a Being the eau prasieds Conveyed to the Grantor by YorealbnMre Deed of uCoamunity Savings Bank dated October 24, 1948 and recorded In said a ne9qistry of Aaeds nook YB63 pA9e g0. ffi%CBPT G THERBiRON 90 undb of aa�1d 11Aad taken byq the CotiLonvealth vr Rase achuaotte DOPar Rant Opf pubi:l9 MOrke by 311, fMreR% fated June 21, N000. kadcordo� In as d Regiet y, book 1462, Psge 17I, ■nd as chemo an ►len 'd`1 Ip6ao 3lthlsl'ai t the Wd coamubit. savings.Bank bat ivtMrd ha corporate real to 6 lmrteo aYired and tinge pram»10 be Atgsed,adwowlaw>d. deNv(tal)n(MRaw and b"tby MSohAel J. Heiie its Treasurer , heittoduty audwfiatd. thG 34th dalof November "Uwdninehundadsad eigbty-nine. SIPM a�AJ soled to ptavocc �of (( --..N,...� .. /i{I(!l1..... COMMUNITY SAVINGS BAWby n ""'Le Trrasusre b4f(OmnrmaaaRtlq sf iRaaaffliBBaattr ' BBBE%, a Movambmr 30, i4 69. Thea petaa+talll ap(krAtd ttN!bore nomad Niahae3 J. Mellat TrtlAaurer of Cornuolty 114vings Bank and acknowledged the fategdag tnttiument to be dte fret act and dted of the Community Savings Rank, dawiKfcga Px David t B rdin r.Mb-#.W295PAW y. o •rl ki t K}aw.ry.iat egltri October 25, 1a96 a ,! 4111 Ree6Vd4d Dec.5r1V9 at !IA7211 #M71 05/13/2004 07:20 IFAX.ifax@barosin3.dyndns.org i Karen - IFax IJ003/028 �a BK 5132 PG 338 We,Justine 0.Oates and Brian L Kennedy,Tretatees of tine Rannady TMMMable Ttust uld/t d&W My 2,2992 and ramdad at the North Esm ReOstry ofDoede in Boole 3531,Page 56 ;. for coiWdtnetion ofOne Hundred and Twenty T.hotSana3 and($120,000.00)001100 Doliare , Y grutto Heather A Root of ! /i/Y�K 1+ /(0 Sf� /T"M ' ,w�r,eiwrr �'tr X ( The land in North Andovw,with the buildings thereon,being shown as Lot tyumbend "• three(3)on"Ftan oftand in North Andover,Mass.,owned by Joseph F.Kelly,dated April 20,1993,Ralph B.Brasseur,C.E.,"rcoordod with the N0tth Basan UiWkt RegiWy +� of Deeds as pian No.3'001,-$W premises bob*bounded and desuribod aubatsnWy as l follows: NORTHMSTMLY by Turnpike Street ninety feet; SOUTHEASTERLY by Lot membered five(5),one hundred thirty three and JUL SI W PNi'19 161100 fact; WESTERLY by part of Lot nun bered four(4)and by Lot nmbered two (21 oft bw*ed one and 325/1000 feet;and NORTHWESTERLY by Lot numbered ow(1),eighty-&and 18/100 feet;all as shovru on said plan. c Containing+9870 square feet of land according to said plan. Being the sante premises conveyed to us by Deed of Conslurm M.Kennedy to the T(PmK 1Y tMMbls TW*on IN 3"6Y Of A1Pst,1 M wd r!epntxhed with ft Nath 0 Bum Registry of Deeds at Boole 3531,Page 64. a DATED: fi�l�r 3, t�lki� STW G0ATESS,T'watee 05/13/2004 07:20 IFAX ifax@barosin3.dyndns.org y Karen - IFax Q005/028 , - PGL 13K �5 152 P'6 172 AAA a, AMred M.Russo milt Lary A.3tusse,being married, of North Andover,Essex County,Massachusetts, for consideration paid,and in full consideration of One.Hundred TwonW Ninc Thousand-and 00/100($129,000.00)Hollers, 4 grant to W=nm J.Shamm,TRUSTEE ot297VRNPDM STRM REALTY TRUST,u/d/t Mod August 18,1998,and t a or(led herewith, A -0f M-Y'"r'fVe.5t'.l Nnru Massachusetts, 0 "AUG 1919EP144*1 with QUffAMX M COWNMTS, The land with thn:builtii W thereon situated in said North Amiava,being shown as Lot S on".Plan of Land in forth Andover,Massachusetts owned by Joseph V.Kelly,dated April 20, 195571,which plan is recorded in North Emiltegistry of Deeds m Plan No.3001,said premise8111 y being substantially bounded and desmW-as follows; -NORTHEASTERLY: lay Saloom T mpika(State Highway),eighty(80)feet; SOUTHEASTERLY: By Lot 7 on said plan,one hundred seventy-four-nd 0100 (174.92)feet; WESTERLY: By Lot 4 on said Plan,nincly-and 245/1 90.245)feet and, NORTMESTBRLY: $y Lot 3,on said p1sn,z c hundred thirty-three-and 161100 pi (133.16):feet. Containing U,323 square feet of lend more or lose,aocordiag to said pian. Big the sameprensiew convoyedby dcadrlated.December 25,1985,and recorded mi the EssexNortb RcgistrymfDeeds in'%&2103,Page 149. m n� 05/13/2004 07:20 IFAX ifax@barosin3.dyndns.org 4 Karen - IFax QOO LOT- BK 8384 PG 176 •9111ASSACNOSVffS QUITCLAIM DEED Vires Robot B.McIntyre and Ellen M.Mch#3Te of 35 Turnpike Strset,North Andover, Mmes achusetts 01845,for consideration paid,and in full consisl4mtion of TWO HUNDRED SEVENTY- FIVE T140USAND AND 40/100 Dollars(x275,000.00)grant to RAmdall D.Hunter and Monica P.Hunter,Tenants by this Entirety,of 68 Sutton Street North Andover,Massachusetts. 01845 with quitefairn covenanty the following property in Esscx,Massachusetts. The land in North Audover,with the buildirW thereon, the samo being shown as Lot 7 on a plan of land entitled "Plan of Land in North Andover,Massachusetts, owned by Joseph P. Kelly, dated April, 1956, Ralph B.Brasseur, C.E." recorded in Essex North.District Registry of Dee& as Plan 3001, and Moro particiderly bmmded and described as follows: NORINEASTERLY-by Salem Tucnpitce(State Highway)eighty(80)feet; SOUTH13ASTERLY-by Lot 8 as shown on said plan,two hundred sixteen and 68/140(216.68)foct;,,s WESTERLY-by Lot 6 and a small pnrtion of Ldt 4,as shown on said plan,Watery and 245J1000(9SJ~;45) feet;ani NORTHWESMLY-by Lot 5 as shown on said plan,one hundred seventy-four and 92/100 Beet. ;y r Containing 15,664 square fret of land,m9ro or less,accordiAg,to said plan. w 7 ii 1 The above described parcel of land is numbered and known as 35 Turnpike Street, according W then numbering of streets in the Town of North Andover. This conveyance is made subject to the zoning laws of tho Townof NoKffi Andover and subject to and with the benefit of casements oftectsrd,if any,Wofar as the same arc now in force and applicable. ra For our right it title sce deed recorded with the Essex North Rezistry of Deeds at Book 1353,Page 573. a w Witness.my/aur hand(s)and sral(s)this 30'day of 4otober 2003. �? Robett B.Mch tyre Ellet M.Mctntym Commom malth of Massachusetts ss: 'Then permnally appeared the above-mmed Robed B. k4clAtyra and Lllen M. McIntyre and acknowledged the foregoing instrument to be his/bur/their free act wAdeed ltefonro ��ast�ckat�tse Dedd 1 'xso 3raai:t;• In silo a .© � 0 AWLX*t end cmailed era Ob Notaty Public: ass tsrserL My CowmL-Aon Expires. vk rS � t PROPPATY ADDRESS: 35 Tdtj.nnke Streat 1%4orth Aodever,MUsachusotts 01845 05/13/2004 07:20 IFAX iPax@barosin3.dyndns.orS 4 Karen - IFax 008/028 fa 2. QUffMMM DEED BK 6984 PG 116 We,Joan L Hawkins and Arthur L Hawkins,of North Andover,Massachusetts for consideration paid of Two Hundred Thirty-Four Thousand and 00/100 Dollars($234,000.04)grants to Allele Lugo,Individually,of 41 Turnpike Street,North Andover,Massachusetts with Mattwbusetta .Dead 4visoa Stamps in sum of 6 1 p h 7.04 QUITCLAIM COYLNANTS affixed and cancelled on tMe i»sttvrru�rrt. The following described property located In North Andover,Essex County,Massachusetts: The land in North Andover,with the buildings thereon,being Lot 49 an Plan*171.19d in North Andover,MA owned by Joseph F,Kelley,recorded with Essex North District Registry of Deeds as Plant No, 3001,bounded: NORTHEASTERLY eighty feet by Salim Turnpike; SOVTH$ASTBRLY two hundred fifty-eight and 441100 (258.44) feet by Lot#11 on said plan. SOUTHWESTERLY or WESTERLY ninety and 2451100(90.245)feet by Lots#6 mitt#8 on said plan; 00 NORTHWESTERLY two hundred sixteen and 681100(216.68)feet by Lots#7 as shown on said plan, to Excepting from the above the land taken by the Commonwealth of Mamchusetts Depatitnent of Public Works by order recorded with Essex North District Registry of Deeds in Book 2962,Pago 271. Being the same premises conveyed by deed of within Grantor by deed recorded with the Essex North Registry of Deeds at Book 3300 Page 95, Executed as a seated instrument No 31st day of July,2002. 4- an X. Earrkias Arthur 'J�—Ilawklnv Commonwealth of Massachusetts Essex,as; On this 31st day of July, 2 ,befbre me Holly appeared Johan T. Hawkins and Artbux; s. Hawkins,tome known a the persona) ho executed the forgoing)nstrwneut, and acknowledged that they executed th the as their ft_ and do ......... ..... ... ...... .(Seal) —Notary Public My Commission Expires 3-13-0 44806-IM Standard 8010lons.Ina.(701)324.0650 Prbwd.- Wed Jul 31.20028y SCUsrr W11 dead 05/13/2004 07:21 TFAX ifax@barosin3.dyndns.org a Karen - IFax IM 010/028 ter �` r , BK 6995 PG 231 6 QMTCLMU DEED We,Walter Cabral and Helena Cabral of 47'Turnpiko Street,North Andover,MA for consideration paid of Two Hundred Thirty Six Thousand TImo Hundred Forty($236,340.00) Dollars grant to Howard Wilkins&Rebecca Montagne-Witkius of 101B Pond Street,Stoneham,MA with QUITCLAIM COVENANTS The land with the buildings thomon,situated in North Andover,Essex County,Massachusetts, being shown as Lot 11,on Plan oflmd in North Andover,Massachusetts awned by Joseph F. K011y,dated April 20, 1953,Ralph B.Brasseur,C.E.,recorded with Essex North District Registry of Deeds as Plan#3001,bounded and described as follows: Northeasterly Uy Salem Turnpike(State Highway)eighty(80)feet; Southeasterly by Lot 13,on said plan,two hundred and forty-eight(248)feet; Southerly by land of owners unknown,forty-six and 291100(46.29)feet; Southwesterly by part of Lot 10 and part of Lot 8,both on said plan,sixty-seven and 03/100(67.05)feet; Northwesterly by Lot 9,an$aid PIM,two hundred fifty-eight and 44/100(256.44)feet. Containing 21,810 square feet of laud,secording to said plan. AUG 7'02 PM12.42 Being the same promises conveyed to us by Deed of Kristine A.Gagne now known as Kristine A.Dalessio dated January 12, 1999,and recorded with said Registry of Deeds at Book 5308, Page 247. vx '' Witness our hands and seal this - day of August,2 u r a b w kllerCa—bA Relena Cabral NORTH ELLER o C-9/0"Voi. 12:41pm 01 =i $1078.44 ti CAN s*:t.ra-�•e-a.4 05/13/2004.07:20 IFAX ii`ax@barosin3.dyndns.org Karen - IFax Q009/028 P0tit it SK 5308 P6 247 >M 4aMvMx%Q VOW" vywh Asabwt•, Cowry P/Nu .UAM9M!+tO& htAt..rnw4P.or.it.rMr+rwR..+l�Jklr«.++.�NM�Ya.ran+rSr. 7Le 771ee.w.t..d0G790 !� 014.0oa00)DOW" "\ fraint to waft&CAW mad Ifth"CAMK Aa b"I ad wyk al,'aw9&1r liar of it ftrapike•!mato 9lbsth Aadarar, ammtg of lwswxs 9tawsaahsaatt;a wuh CUU01atad atYMLaatN mW asud with tho huLlitsV tLseaer. wLtratad is Dtsth AMOTM, nwwas W—ty. luwwAahaswiw. M aSrw aw Lat 22, u 916% Al 1404 is Sheth isdarar. ri?cwawb�ratta.+..t Y,7A6rrh Y.iR♦aa1.,trsto(t MAI 20. Loss,1001P 2, ft%A~' a.s..sr..rs.a.tea 9htiau r.wta,Af wtdwt saaLatey al 9wda aw slow#2601,iawaiaa awa iaAaeit?wd sa lolaaew? flasthawwhaslY S?Y ■alma murwpibs (ltata zKow") wiakty (till lwatt tcntbauts:l7 b7 Siwe 21, as maid yLas. tm humkod awd lartY- •if t140 Saat? eaaetywis AM 29/200 westh.ray Yr law{ rl a.warr taNdi6??a. (l#.2#1 Ite"I aasthwa9tasSY by Yar6 at Loh a# ami VWU a9 74% #. bath ax waA lits, misty-waews Md 611/140 (#S.#ti) Swat? Sbstlwuwv3Y tls 1.0 9,t2 4 saidGAla, two Match liltyailut aiaatalwLsR ai.tll6w�algsrwraaatsw�wat�sadt LM.to me yS"ezdial M+MOOW V1ws. Aw11w1�a 20,M #7if , ad»a?Ydrt wL%b WA SM1 Loy!a swaaw wk 204"IF.nall0but s!6 go dsyw . i2. JARMWta.-3 i IMM+id hwWj)ant-Wfr)0&12tA Ar ilf1-wY./DDR T8E L'OhIMONWEalbTA OF JWSACHUSEM4 immary lz r!!t 7b w pwsnuy Wood m.,bar ompW wad we--Ud#W t w MvWft blsmrt to be etc t)w Aet Mad d+44 b?kra r,+. ?,.-- 60r, rawk uaauYcx t.tw+o pt MX �teEM �. Y)e+antwa???re,?m.sods P.G.11*20 05/13/2004 07:21 IFAX ifax@barosin3.dyndns.org 4 Karen - IFax U020/028 Lev r 2.3 ax��88 • .. w,a,.ay„er„wnwwst aes nwe*rear EIMen.tY4e mei I,.John A..Martln, �J of North Andover, 3:;"x C-1,uwuhd-tw� - 1M 4raC an;eKoxwda+Sos paid,aeebWg#kaaaiimwxaf for no Ronotarr eon- &'say ndohn A. Martin, Jr., of 122 asorgs street, Minshortet, in the' st+te of Nw Msapshirs, and Sandra J. NarnLch, d iSd Beverly Road, in said North Andopor, *flhpelttlaka raieaesal as joint tenants and not as tanantt in calm., A ce■airtain p+Karl of land, with the buildings thereon, situ- ' ate in d Nortb Andover, and being ahova as Lpx. #on a plan of. titled 'plan of Late 16sneNorth ni eY r, Nails.,owned by AVerly Trust, Ra1ph S, erassaur, C.H., dated Dstsabsr 19, 1951, regarded with Haaea 11 rth Di■triot Deeds as plan Mo,. 4b3$, bounded and described ae tel!overt NDATHRH6THRLY by Waverly Road, - ae shown on said plan, 166.62 Lost; w NOATHI"TRALY by land now Or formerly of Rlllet, as shown on said. o plan, 86.16 fest; RA6'1SRLY by land now or formerly of gall, chase and Plourde, Shown on saidplan, 222.61 feat; and 6DgrNHH6THRly by Let 6h, as shown on laid p1aA, 176,61 goat. �► CO ac rdln .� • �' ge {o g to aaiA plan, iS,gpS square toot of land, cora # n or lava. is. Y trr n husba!sing the ease prsslsei convayad to grantor and Shirley I. Martin, ti rid and wife, an tenants by the entirety, by deed of Require Moses, Inc., datod AugV t 4, 1161, and rotorded'with said Ragistry of Deeds, Pock lag, page 133. ;larch 3The said Shirley I. Martin deeea+sd , SiT'1, Reserving, howvar, to the yrailtor hgtoln i I,go estate In SAW property far and during the t'"M Of the natural 111m.ot_Sald grantor. ate w a"ad dis - ....._. .,. ..................__.. J..'s Narbin,µ_..._.....ms.... _...._._..�._. __,..._._._.. Rasaa, M+l A4 d sixmW4,aetla yyy MOvsaber 10,1993. P�°+D7KPpiduabo,ewmM John A. Martin `oaf v sad admvalaiped the f°re6d°dinsn+maN nhe his fax an,nd dove WWase- R' al...� - Donald p. Smith, r�p,._Pera,OaYa N7 eariaoe rsa., November 25, 1¢9_ ("kdldarl...jd1;7'asey..Y.+gY11 Cmsrra) f.., fir KsUp710.gf Moe Ai ArC4grDHIGG1;7ptp;ge llM ngel�aerr.tM M�a•R ewa�n4w it�w.arFae.,yaAl.n a.1/e„(s��Yars �rrr+,.rwyi.y.a+7Y F.a ,ri"'.:r wwtwrwie'�r"r.M W.w � w a�+,.we s.eir ePa i4 wr�Yr s+i let �i"'sa�.'�`er,r'a`�'wr��t���rw rwere.l aa+...ear w w,w�ndrr.w.. �sari(w�Y.srY,r 05/13/2004 07:22 IFAX ifax@barosin3.dyndns.orx Karen - IFax U021/028 BK 54*1 PG 195 OULULAIM14EQ We,JOHN U.THOMSON and NICOLE E.THOMSON, husband and wife, both of North Andover, Eprex county, Massachusetts,in oorsideration of$172,000,00, grant to Wll,.UAM F. MACDONALD and JULAP. FEDELEAACDONALO, husband and wife,of 14 lake Shorey Ortve,Arlington,Massachusetts,02174 A5 1"",Alt> 1., Al WithQvtpf/aknCbv*n&nt& The land with the bWkitngs thereon, situated In North Andover, Essex County, � Massachusetts and being shown as Lot 6A on plan entitled"Plan of Iota in North � Andover, Mass. awned by Averly Trust'" dated Deoembar 19. 18158 !Ralph S. W14k L, Brasseur,ME.,"r0o"Clod with ftsex North District Registry of Deeds,Plan No. Fs o AIM,Winded and described as follows: l+ORTHWESMALY. by Wav4Ay Road,one hundred twenty live {i2F')teat; NOWHEASWRLY: by Lot 2A,as shown on said plan,one hundred seventy-six and 3311100(176.881) m feet; u EAWMRLY: by lands now or formerly of Plourde and Edmonds,one hundred thirty-eight and 561106(138.56')feat;and 0 SOUTFIMSTERL.Y: by Lot 10A,as shown on*mW plan,two MAY 17 119 00:46 k hundred thirty-one and 8TH00(231.67') feet. Containing a000rding to said plan,25,014 square feet,more or tees. cr MeaningAnd intending hereby to convey the same prensisars oonvsyed to us by deed of STEPHEN A.SAMIPSON and MARCIA L.SAMPSON dated December 14, ro 1 gr81!VwmrdW with said doeds in Flook 2857,Page 52. oA 23ntm& F,xomded as a Instrumentthis ei d 1 k !1} , �<�'L�2 �''�„�C�Tb,.•.24.1 Nicole E.Thomson M CD .� w 05/13/2004 01.22 IFAX ifax*barosin3.dyndns.org i Karen - IFax U1023/028 j Lor aaox ��tt int r�r� . PAM 3 9 6 --- MAUM x0m, INC. --- a corporation duly organized under the laws of the : Cowmo»vealth of Massachusetts and having an usual place of•businees at ArlinaLon, Middlesex County, Kmeachusatts x# � ice"W&MUM pall, puts to OMDF(M R. PXMcff and MmjZ 1. PWWW, --- husband wA:rife, an tenants by the entirety, both of havrenae, bsex county WA gs4e144 cemmW A certain parcel of land With the buildings thereon situated in Worth Andover, 04#x County, bounded and described As follows: NORWWBMWLY by Haver%y Road, one hundred and twenty-five (125) feet; NORTfIF= by Wt 6A, as shown on plan hereinafter mentioned, two hundred thirty-me and 67/100 (231.67) fest; XA81'MY by land now or formerly of Manna and Long, seventy- eight and 20/100 (78.20) feet; SOVMLT by Lot SIA, as shown on said plan, two hundred sixty-Tour and 03/100 (264.03) feet: Said parcel contains 23,014 square feet of.1snd more or less and is sham as tat 10A on plan entitled "Flan of Lata in North Andover, Maas. owned by Averly Trust" dated Dec. 19, 19A Ralph B. Brasasur, C. N., redotdad with Baaex North Ddatrict Registry of Deeds, Plan No. 4036. Being a portion of the promises devaribed in a deed frons Hugh Patrick Kelly, Trustee of Averly True$, to Uquire X=as, Ida., dated May 6, 1960, recorded with said Deeds, Took 9►t rte+j-t,). v 9 � �utiwuswLeLTN asai++t�3�LLs 'XCXS� 0.5/13/2004 07:22 IFAX ifax@barosiri3.dyndns.org Karen - IFax 025/028. Danto L. Stabile •.,.�J. i;aYYiI C4".)NIWA*W^ fedi'aa+weviait foe moddrNkr pend,ad k LaliCoeddlledps d f i.00 LONE 1OOLE:aR) :•s' 00nte 4 £.Labile and Robert L. Stabile, Tether and sonf 6ratle as tenants,4"041' zy r40 err,' ery, f0 IMLr1../, North�nd, OE rot, .:wsa;t County, in said With ypU I ' Nasst,chustet•l w, ,.. Ile led As r Oa+«+IIiL.++�•+e�rial • a certain parcel of tend, with all the buildings thereon, situated in North Andover, in said Seaax county, boundad and described as follows: NORTHWESTERLY by Waverly Road. 125 fm%,t; S` NORTHERLY by Lot 104, as shown an plan hereinafter ' mentioned. 1,!'.03 feet; EASTERLY by land now or formerly of Connelly, 6o fast, and SMITHCALY by land now.or formerly of Gannally, 391.72 feet, `itIL1 maid PArcal contains 25,300 squares feet of land more or Iowa and is shown as Lot 12A on plan entitled "Ptah of lots in North Andover, Nass., Owned by Avery Trust" dated Dec. 19, 195e, Ralph B. Braasowr, O.t:., recorded with Nerth'Easex 010trict Ragistry'of heeds an plan 1 No, 1038. Q1 Being ■ portion of the same premises conveyed by Hugh Patrick -Kelly, Trustee of Avery Trust, to Esquire Homos, Inc. by deed dated \Qf Kay 6, 1960 and recorded in said Registry, boot; 911, page a61. For authority of Treasurer to sign dead sea Vote recorded in as said Regiatry, book 647, page-209. t'.s0 These promsses are.conv*yed wubJoct to the municipal real estate Issas for the currant year which the 9MILe4s hereby assume and agrep to pay. For authority of Dents L. $t.abilo to sign dead see guitclaie deed.racorded in said Registry, book 931, gaga 103 ..............ivod std seal 16ia.,..,3� ...��r!•3aYr04.�SatlyWu�r!/ ..,. nll,4�, .,.......».................. ........._.... ...,. ..IeMf.Qati${....Af...Yid, Qli:.`Rt.....+.«....._.... ...................................._.................................. _ ............«.................«t,...«.,................«. Me9===Wn* � • • 17+s peamallT t;ppteeod tte wbo*s awmwd Med adtaow haled Lia fwtpe A$laiumsad to be (Mod and dW bdoe so iq ea„al.ir we{w. Ywbrsar7��i�."r"E'+� ,. •• t'trt'U:i/4 IS +� 1 its kv�`a�r • 1 �e003'd.ed;dan.9w3992 IAC �teJ6l�ll >�� Fr TOWN OF NORtH ANDOVER SPECIAL PE 3 ZONING BOARD OF APPEALS MO VI R 16 N l.,: 32 NAME ADDRESS OF APPEAL _ 'T�wn clerk rine SUMP Procedure, & Requirements for an Application for a Special Permit Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty (W days poor to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Ogg of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as Incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them.The cost of the Party in Interest fee. ion 'll co items th STEP T: DELIVERY OF LEGAL NOTICE_TQ STEP 1: ADMINISTRATOR PERMIT'DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 6: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. AN information The petitkiner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petitim the Board shag decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4• LIST QF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). Generali Law ch. 40A sec. 17,within twenty(20)days after the decision is filed with the Town Clerk. STEP S: SUBMIT APPLICATION: Petitioner submits one(1)original and 10 Xerox copies STEP I M RECORDING THE DECISION AND PLANS, of all the required information to the Town Clerk's Office The petitioner Is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be4eft with the St., Lawrence MA, and shall complete the Certification Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of Appeals and the Building Department.. iMPIRTiddVT!PHONE NUMBERS; 978488- 3 Office of Community Dev. b Services North Andover Town Hall rn 400 Osgood Street 120 Main Street ry North Andover, MA 01845 North Andover, MA 01845 = 78#8-9.542 fax for all Community Development offices �''� 978-688-9545 Building Department 978-688-9501 Town Clerk's Office 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office PAGE 1 of 4 PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS i2 7 cam 1. Petitioner: Name, address and telephone number: Mark Investment, Inc. Robert Korff, President 54 Jaconnet Street, Suite 203, Newton MA 02461 Tel. (617) 332-8140 "The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: SEE ATTACHED LIST marked EXHIBIT A Years Owned Land: 3. Location of Property: a. Street: Spp attarheri F.xhihi t A:: Zoning District Planned Commercial Development District b. Assessors: Map number Lot Number c. Registry of Deeds: Book Number Page Number %',at corner of Turnpike St. ,Rte.114, and Waverly Road 4. By-Law Sections under which the petition for the Special Permit is made. Section B-4 & J-1 of Section 6.6 D.2 *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. S. Describe,the Special Permit request: 'The S�jeir_al Pprmi t rPrniPctPti is to amstruu•t a rummer ial sign greatpr than the maximum allowed area of 25 sq.ft. and greater than the allowed. 8' in height. a 'The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open ;Space Percent Lot Frontage Parking Minimum Lot Setback Sq.A. So. Ft. Coverpge Feet Snw-eq^ Front SideA , SideEL, Rear. .1-92,148. NLA—_ NSA % N/A N/A tVA- N/A N/A- N/A N/A N/A N/A % N/A N/A /A N7 Nl ` N�A 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. F). Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear NA N/A— -N 4A % -NSA -N/A--- _15.._41 NZA -N/A N/A % N/A N/A 18.22 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback ft F-+ Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of Total Use of Number Souare facer Floors Sq. feet Building* of Units*.* N/A N/A N/A N/A N/A N/A N/A N/A *Reference Yies from the Zoning Bylaws&Table 1. � "*State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units** N/A N/A N/A .. ..m..... Application is for sign N/A N/A N/A * eference Uses frdW the Toning Byla(vs&Table 1. "State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by t e Zoning Board of this application as incomplete. Signature Type above 9ame(s) here Mark Investment, Inc. Robert Korff, President PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: Application for a Special Permit must be supported b a Size of plan: Ten 10 paper copies of a Ian not Y � p O PaP P P legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Special m One(1)Mylar. Permit from the requirements of MGLA ch. 40A, and the IiIq Plan prepared by a Registered Professional North Ando*,er Zoning By-laws, all dimensional Engineer and/or Land Surveyor,with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points, 14,are required to be Mylar. addressed with this application. *10 C. *Features To Be Included On Plan: 1) Site Orientation shall include: 1. The particular use proposed for the land or structure. 1. north point 2. The specific site is an appropriate location for such 2. zoning district(s) use, structure or condition. 3. names of streets 3. There will be no nuisance or serious hazard to 4. wetlands(if applicable) vehicles or pedestrians. 5. abutters of property,within 300* radius 4. Adequate and;appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'from applicants proposed structure 5. The use is iii harmony with the purpose and intent of t 7. deed restrictions, easements. Zoning Bylaw. 11)Legend&Graphic Aids: 6. Specific reference and response to the criteria 1. Proposed features in solid lines &outlined in red required by the paiticular Special Permit for which 2. Existing features to be removed in dashed lines this application is made (i.e.the Earth Removal 3. Graphic Scales Special Permit has l.mique criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner or record, and designer or Each application,to the Zoning Board of Appeals shall surveyor. he accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted with this application to the Town Clerk's Office ar4d ZBA secretary at least thirty (30) days Minor projects, such as decks, sheds,and garages, prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with ippeals an. asterisks("). in some cases further information may be required A set of building elevation plans by a Registered 11. APPLICATION FILING FEES Architect may be required when the application involves new construction/a conversion/and/or a A. Notification fees: Applicant shall provide a proposed change in use. check or money order to: Town of North Andover- #022-1760-4841"for the cost of first class, certified. 10 A. Major Projects return receipt ($4.42 as of November 2003) xAkof-oll Major projects are those which involve one of the parties in interest identified in MGLA ch. 40A §1 t on the following whether existing or proposed: abutter's list for the legal notice check. Also, the l) five or more parking spaces, applicant shall supply first class postage stamps If)three (3) or more dwelling units. (currently 37e) x the#of parties of interest on the abutter's list for the decision mailing. !11) 2000 squire *.c�et ��f building area. a. Mailing labels: Applicant shall provide four(4) " sets of mailing labels no larger than IW-5/8" (3 copies ,Major Projects shall require that in addttion to the above for the Legal mailing and one copy for the Decision tcatures, plans must show detailed utilities, soils, and mailing) ',_�pogiaphic Ofolmation. C. See 2005 Revised Fee Schedii1e. 4-444 A Special Permit +Ynce,granted by the ZBA will lapse in 2(two) years if not exercised and a new petition must be submitted. F F F F Section 9—Special Permit Application for Commercial Sign 1. My particular Special Permit is for a sign in a commercial district which exceeds the allowable dimensional controls of 6.6 D.2 in the applicable sign is greater than the maximum area allowed of 25 feet and the maximum height is greater g h e than the maximum allowed of 8 feet, all as shown on attached plans. 2. The site is appropriate for this signage in that it is consistent with commercial signage on Route 114 in particular the Eaglewood Shoppes and Staples commercial development immediately abutting the property and the Boston Market Restaurant across the street from the site. In addition the topography of the land slopes dramatically at this site and the buildings are actually below the site line from Route 114. 3. This sign is required to properly inform the public as to the location of the commercial properties on the site. 4. The sign will be properly constructed and maintained by the Applicant. 5. The site is in harmony with the proposed intent of the Zoning By-Laws in that it is consistent with the neighborhood and the commercial development surrounding the site. This particular sign is consistent with the signage at Eaglewood Shoppes abutting the property and the Boston Market sign across the street from the property. 6. Not Applicable. j rrr rrr�rrrrr rr t 1 . Plan Review NMUNV r Ttw folmk neve b prariQwt to%igm wicW ttb mmm for denbl for the spojo%W pwm#for the property InacOW on the 1'eYm sW: 11MNt1'ir saw - J- the i um area of a ground sign is 25 sq. ft., and the maximum height is 8 . Larger or taller signs are only permitted bj S ecial Permit throw h the Zonin r A a s. ..... . ... ........ ....... .............. ... .. ...... . ... ...__ ....... .... . ... ..... _...... Firvr eo•A Pbiioe t7�r 14x_0. CEMENT BOARD CORNICE I D t� � 57 S,F, WALGREENS OPEN 24 HOURS EXTERNALLY ILLUM, SIGN DROVE-THRU PHARMACY 43 S.F. ADD`L TENANT 11.1 ADITICNAL N SIM. LIMESTONE TENANTS GROUND FACE BLOCK BRICK RECESS Edwards and Ke3ceY NORTH ANDOVER, MASSACHUSETTS SKETCH NO.: I Mo . wa a Architectural and PROPOSED RETAIL STORES ((�� s Design Services Inc MON'T SIGH 3 4 3 Congress St Boston MA 02214 PROJECT: 050013272 DATE: ©2/22/06 SCALE: 1/4-= 1`-0* DRAWN: CF www.ekcoip.com REFERENCE DRAWING: MONUMENT SIGN ELEVATION CHECKED: nc r`^nvrinht 9nnd Priwarric R Kc Anow inr � t �r I , 3 . { 3. 4 - tr I � _ s m � F s n p t- -'"�- �'.`ter_-�� •� �"�-x� _ 3 March 14, 2006 City of Lawrence City Assessor 200 Common Street Lawrence, Massachusetts 01840 Please contact Bohler Engineering: Telephone: 508-480-9900 RE: 300 Foot Abutters List for the Intersection of Salem Turnpike and Waverly Road Town of North Andover: Map ^- Lot 1A Salem Turnpike Systems Capital Real Property Corp. Mailing Address: c/o ITM Services P.O. Box 672346 Houston, TX 77267-2346 Map 1 Lot 1: 100 Waverly Road, Lawrence, MA Mailing Address: Jefferson at Den Rock LP 1155 Herndon Parkway Herndon, VA 20170-5534 Map 3 Lot 1 Waverly Road, Lawrence Owner: City of Lawrence Co-Owner Den Rock Park Mailing Address: 200 Common Street Lawrence, MA 01840 For Tax Assessors Use Only According to our records of this date, certified b y the City of Lawrence Board of Assessors. This review is based upon our existing maps, which are complied for assessing purposes only; therefore; they are not drawn to survey accuracy for conveyances. This certification does not include any recent transfers of ownership that have not been received by the assessor's office. Every effort has been made to maintain thesemcords as fe-gally required. Tax Assessors Signature ate 1 SSfs1a12- , Typed Name and Title 1z OT ANd ,�f�O��TED MqY Q BOARD OF ASSESSORS TOWN OFFICES 36 BARTLET ST ANDOVER, MA 01810 s�cHUs � 978-623-8265 BOARD OF ASSESSORS CERTIFICATION OF ABUTTERS out of town request PETITION I hereby certify the attached list, as requested, of abutters as they currently appear on the Assessors' Office records. P2o -e. Susan E. Moore Senior Assessor MAR 1 5 2006 ummei ie gaoant D ioc— Parcel ID#• 10 2 G LUC: 131 LAWRENCE EAGLE TRIBUNE RT TR IRVING E ROGERS ETAL 100 TURNPIKE ST NORTH ANDOVER MA 01845 Parcel ID#: 18 0 106 B LUC: 101 SLEEPER,JERRY S JACQUELINE M SLEEPIER TE 304 HIGH ST ANDOVER MA 01810 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01845 Abutters Properties Map Parcel Name Address 27 16 Hector Rivera 768 Waverley Road North Andover,MA 01845 27 17 Heather Root 21 Turnpike Street North Andover,MA 01845 27 18 William Shannon 9 Ridge Street North Andover,MA 01845 27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01845 27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01845 27 22 Lawrence Eagle Tribune 57 Turnpike Street North Andover,MA 01845 27 23 John Martin 782 Waverley Road North Andover,MA 01845 27 24 William MacDonald 792 Waverley Road North Andover,MA 01845 27 25 George Perron 802 W aveley Road North Andover,MA 01845 27 26 Dante Stabile 814 Waverley Road North Andover,MA 01845 24 15 Northmark Bank 89 Turnpike Street North Andover,MA 01845 24 16 Eaglewood Properties 100 Turnpike Street North Andover,MA 01845 23 19 Ema Spinelli 154 Cotuit Street North Andover,MA 01845 23 20 Charlotte Mele 174 Cotuit Street North Andover,MA 01845 23 22 Matthew Lascola 184 Cotuit Street North Andover,MA 01845 23 23 David Waldrep 196 Cotuit Street North Andover,MA 01845 23 24 Gary Leger 20 Turnpike Street North Andover,MA 01845 23 85-0018Robert Trulli 18 Enfield Street North Andover,MA 01845 23 85-0020' Nicholas Giammarino 20 Enfield Street North Andover,MA 01845 23 26 Walter Birch 8 Turnpike Street North Andover,MA 01845 23 27 Frederick Harris 20 Turnpike Street North Andover,MA 01845 23 28 Mary Reardon Go TNA 120 Main Street North Andover,MA 01845 23 29 Malkait Gill 32 Turnpike Street North Andover,MA 01845 23 30 Christina Bianco 38 Turnpike Street North Andover,MA 01845 23 32 Robert Kouns 48 Turnpike Street North Andover,MA 01845 23 39 John Reynolds 28 Turnpike Street North Andover,MA 01845 23 34 Bryan Ricketson 56 Turnpike Street North Andover,MA 01845 Date 3/2/2006 Page of 9 This certifies that the names appearing on the recordso the Assessors Office as of �KihY� f r ?fib 6 Certified b '�— Date w Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 1 t states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 27 17 Heather Root 21 Turnpike Street North Andover,MA 01845 Abutters Properties Map Parcel Name Address 27 1 Waverly Road Trust c/o Edwin Rodgriuez 432 Winthrop Avenue North Andover,MA 01845 27 16 Hector Rivera 768 Waverley Road North Andover,MA 01845 27 18 William Shannon 9 Ridge Street North Andover,MA 01845 27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01845 27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01845 27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01845 27 23 John Martin 782 Waverley Road North Andover,MA 01845 27 24 William MacDonald 792 Waverley Road North Andover,MA 01845 27 25 George Perron 802 Waveley Road North Andover,MA 01845 27 35-0725.0 Elaine Rotolo 725 Waverley Road North Andover,MA 01845 27 35-0727.0 John Ambrey 727 Waverley Road North Andover,MA 01845 23 12 Donna&Dennis Deschamps 203 Cotuit Street North Andover,MA 01845 23 40 Barbara Hilton 742 Waverley Road North Andover,MA 01845 23 20 Charlotte Mele 174 Cotuit Street North Andover,MA 01845 23 22 Matthew Lascola 184 Cotuit Street North Andover,MA 01845 23 23 David Waldrep 196 Cotuit Street North Andover,MA 01845 23 24 Gary Leger 20 Turnpike Street North Andover,MA 01845 23 25 Mary Northam 196 Waverley Road North Andover,MA 01845 23 26 Wafter Birch 8 Turnpike Street North Andover,MA 01845 23 27 Frederick Hams 20 Turnpike Street North Andover,MA 01845 23 28 Mary Reardon c/o TNA 120 Main Street North Andover,MA 01845 23 29 Malkaft Gill 32 Turnpike Street North Andover,MA 01845 23 30 Christina Bianco 38 Turnpike Street North Andover,MA 01845 23 32 Robert Kouns 48 Turnpike Street North Andover,MA 01845 23 39 John Reynolds 28 Turnpike Street North Andover,MA 01845 Date 3/2/2006 Page 2 of 9 $5. 'he flames appearing on the Assessors Office as of Date Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: '.. MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property: MAP PARCELName Address 27 18 William Shannon 9 Ridge Street North Andover,MA 01845 Abutters Properties Map Parcel Name Address 27 16 Hector Rivera 768 Waverley Road North Andover,MA 01845 27 17 Heather Root 21 Turnpike Street North Andover,MA 01845 27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01845 27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01845 27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01845 27 22 Lawrence Eagle Tribune 57 Turnpike Street North Andover,MA 01845 27 23 John Martin 782 Waverley Road North Andover,MA 01845 27 24 William MacDonald 792 Waverley Road North Andover,MA 01845 27 25 George Perron 802 Waveley Road North Andover,MA 01845 27 26 Dante Stabile 814 Waverley Road North Andover,MA 01845 24 15 Northmark Bank 89 Turnpike Street North Andover,MA 01845 24 16 Eaglewood Properties 100 Turnpike Street North Andover,MA 01845 23 19 Erna Spinelli 154 Cotuit Street North Andover,MA 01845 23 20 Charlotte Mete 174 Cotuit Street North Andover,MA 01845 23 22 Matthew Lascola 184 Cotuit Street North Andover,MA 01845 23 23 David Waldrep 196 Cotuit Street North Andover,MA 01845 23 24 Gary Leger 20 Turnpike Street North Andover,MA 01845 23 25 Mary Northam 196 Waverley Road North Andover,MA 01845 23 26 Walter Birch 8 Turnpike Street North Andover,MA 01845 23 27 Frederick Harris 20 Turnpike Street North Andover,MA 01845 23 28 Mary Reardon Uo TNA 120 Main Street North Andover,MA 01845 23 29 Malkait Gill 32 Turnpike Street North Andover,MA 01845 23 30 Christina Bianco 38 Turnpike Street North Andover,MA 01845 23 32 Robert Kouns 48 Turnpike Street North Andover,MA 01845 23 39 John Reynolds 28 Turnpike Street North Andover,MA 01845 23 34 Bryan Ricketson 56 Turnpike Street North Andover,MA 01845 Date 3/2/2006 Page 3 of 9 certifies that the names appearing This pp 9 on the records of the Assessors Office as of .*0 AY ►, aov 6 Certified b Date Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listin REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01845 Abutters Properties map Parcel Name Address 27 16 Hector Rivera 768 Waverley Road North Andover,MA 01845 27 17 Heather Root 21 Turnpike Street North Andover,MA 01845 27 18 William Shannon 9 Ridge Street North Andover,MA 01845 27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01845 27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01845 27 22 Lawrence Eagle Tribune 57 Turnpike Street North Andover,MA 01845 27 23 John Martin 782 Waverley Road North Andover,MA 01845 27 24 William MacDonald 792 Waverley Road North Andover,MA 01845 27 25 George Perron 802 Waveley Road North Andover,MA 01845 27 26 Dante Stabile 814 Waverley Road North Andover,MA 01845 24 15 Northmark Bank 89 Turnpike Street North Andover,MA 01845 24 16 Eaglewood Properties 100 Turnpike Street North Andover,MA 01845 23 19 Erna Spinelli 154 Cotuit Street North Andover,MA 01845 23 20 Charlotte Mele 174 Cotuit Street North Andover,MA 01845 23 22 Matthew Lascola 184 Cotuit Street North Andover,MA 01845 23 31 Graydon McCormick 72 Turnpike Street North Andover,MA 01845 23 24 Gary Leger 20 Turnpike Street North Andover,MA 01845 23 85-0018 Robert Trulli 18 Enfield Street North Andover,MA 01845 23 85-0020 Nicholas Giammarino 20 Enfield Street North Andover,MA 01845 23 35 Patricia Ferris 66 Turnpike Street North Andover,MA 01845 23 27 Frederick Harris 20 Turnpike Street North Andover,MA 01845 23 28 Mary Reardon c/o TNA 120 Main Street North Andover,MA 01845 23 29 Malkait Gill 32 Turnpike Street North Andover,MA 01845 23 30 Christina Bianco 38 Turnpike Street North Andover,MA 01845 23 32 RobertKouns 48 Turnpike Street North Andover,MA 01845 23 39 John Reynolds 28 Turnpike Street North Andover,MA 01845 23 34 Bryan Ricketson 56 Turnpike Street North Andover,MA 01845 Date 3/2/2006 Page 4 of 9 This certifies that the names appearing on the records of(( the Assessors Office as of Certified by: _Date / /''1s Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT; MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property: MAP PARCEL: Name Address 27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01845 Abutters Properties Map Parcel!, Name Address 27 17 Heather Root 21 Turnpike Street North Andover,MA 01845 27 18 William Shannon 9 Ridge Street North Andover,MA 01845 27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01845 27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01845 27 22 Lawrence Eagle Tribune 57 Turnpike Street North Andover,MA 01845 27 23 John Martin 782 Waverley Road North Andover,MA 01845 27 24 William MacDonald 792 Waverley Road North Andover,MA 01845 27 25 George Perron 802 Waveley Road North Andover,MA 01845 27 26 Dante Stabile 814 Waverley Road North Andover,MA 01845 24 15 Northmark Bank 89 Turnpike Street North Andover,MA 01845 24 16 Eaglewood Properties 100 Turnpike Street North Andover,MA 01845 23 19 Erna Spinelli 154 Cotuit Street North Andover,MA 01845 23 20 Charlotte Mele 174 Cotuit Street North Andover,MA 01845 23 22 Matthew Lascola 184 Cotuit Street North Andover,MA 01845 23 31 Graydon McCormick 72 Turnpike Street North Andover,MA 01845 23 24 Gary Leger 20 Turnpike Street North Andover,MA 01845 23 85-0018 Robert Trulli 18 Enfield Street North Andover,MA 01845 23 85-0020 Nicholas Giammarino 20 Enfield Street North Andover,MA 01845 23 35 Patricia Ferris 66 Turnpike Street North Andover,MA 01845 23 54 Patricia Ferris 66 Turnpike Street North Andover,MA 01845 23 28 Mary Reardon c/o TNA 120 Main Street North Andover,MA 01845 23 29 Malkait Gill 32 Turnpike Street North Andover,MA 01845 23 30 Christina Bianco 38 Turnpike Street North Andover,MA 01845 23 32 Robert Kouns 48 Turnpike Street North Andover,MA 01845 23 39 John Reynolds 28 Turnpike Street North Andover,MA 01845 23 34 Bryan Ricketson 56 Turnpike Street North Andover,MA 01845 Date 3/2/2006 Page 5 of 9 This certifies that the names appearing on the records of tjecolv~Y Assessors Office as of !, ZOO- Certified by: Date_______. Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 27 23 John Martin 782 Waverley Road North Andover,MA 01845 Abutters Properties' Map Parcel Name Address 27 16 Hector Rivera 768 Waverley Road North Andover,MA 01845 27 17 Heather Root 21 Turnpike Street North Andover,MA 01845 27 18 William Shannon 9 Ridge Street North Andover,MA 01845 27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01845 27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01845 27 22 Lawrence Eagle Tribune 57 Turnpike Street North Andover,MA 01845 27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01845 27 24 William MacDonald 792 Waverley Road North Andover,MA 01845 27 25 George Perron 802 Waveley Road North Andover,MA 01845 27 26 Dante Stabile 814 Wavedey Road North Andover,MA 01845 24 16 Eaglewood Properties 100 Turnpike Street North Andover,MA 01845 23 22 Matthew Lascola 184 Cotuit Street North Andover,MA 01845 23 23 David Waldrep 196 Cotuit Street North Andover,MA 01845 23 24 Gary Leger 20 Turnpike Street North Andover,MA 01845 23 25 Mary Northam 196 Waverley Road North Andover,MA 01845 23 26 Walter Birch 8 Turnpike Street North Andover,MA 01845 23 27 Frederick Harris 20 Turnpike Street North Andover,MA 01845 23 28 Mary Reardon c/o TNA 120 Main Street North Andover,MA 01845 23 29 Malkait Gill 32 Turnpike Street North Andover,MA 01845 23 30 Christina Bianco 38 Turnpike Street North Andover,MA 01845 23 32 Robert Kouns 48 Turnpike Street North Andover,MA 01845 23 39 John Reynolds 28 Tumpike Street North Andover,MA 01845 Date 3/2/2006 Page 6 of 9 This certifies that the names appearing on the records of the Assessors Office as of Certified by: Date Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 27 24 William MacDonald 792 Waverley Road North Andover,MA 01845 Abutters Properties Mao Parcel Name Address 27 16 Hector Rivera 768 Waverley Road North Andover,MA 01845 27 17 Heather Root 21 Turnpike Street North Andover,MA 01845 27 18 William Shannon 9 Ridge Street North Andover,MA 01845 27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01845 27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01845 27 22 Lawrence Eagle Tribune 57 Turnpike Street North Andover,MA 01845 27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01845 27 23 John Martin 782 Waverley Road North Andover,MA 01845 27 25 George Perron 802 Waveley Road North Andover,MA 01845 27 26 Dante Stabile 814 Waverley Road North Andover,MA 01845 24 16 Eaglewood Properties 100 Turnpike Street North Andover,MA 01845 23 27 Frederick Harris 20 Turnpike Street North Andover,MA 01845 23 28 Mary Reardon c/o TNA 120 Main Street North Andover,MA 01845 23 29 Malkait Gill 32 Turnpike Street North Andover,MA 01845 23 30 Christina Bianco 38 Turnpike Street North Andover,MA 01845 23 32 Robert Kouns 48 Turnpike Street North Andover,MA 01845 23 39 John Reynolds 28 Turnpike Street North Andover,MA 01845 Date 3/2/2006 Page 7 of 9 This certifies that the names appearing on the records of the Assessors Office as of Certified by Date Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 27 25 George Perron 802 Waveley Road North Andover,MA 01845 Abutters Properties —MaD Parcel Name Address 27 16 Hector Rivera 768 Waverley Road North Andover,MA 01845 27 17 Heather Root 21 Turnpike Street North Andover,MA 01845 27 18 William Shannon 9 Ridge Street North Andover,MA 01845 27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01845 27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01845 27 22 Lawrence Eagle Tribune 57 Turnpike Street North Andover,MA 01845 27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01845 27 23 John Martin 782 Waverley Road North Andover,MA 01845 27 24 William MacDonald 792 Waverley Road North Andover,MA 01845 27 26 Dante Stabile 814 Waverley Road North Andover,MA 01845 24 16 Eaglewood Properties 100 Turnpike Street North Andover,MA 01845 23 30 Christina Bianco 38 Turnpike Street North Andover,MA 01845 23 32 Robert Kouns 48 Turnpike Street North Andover,MA 01845 Date 3/2/2006 Page 8 of 9 This certifies that the names appearing on the records of the Assessors Office as of Certified by: Date i ,/ Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties In Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 27 26 Dante Stabile 814 Waverley Road North Andover,MA 01845 Abutters Properties Man Parcel' Name Ad re 27 18 William Shannon 9 Ridge Street North Andover,MA 01845 27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01845 27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01845 27 22 Lawrence Eagle Tribune 57 Turnpike Street North Andover,MA 01845 27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01845 27 23 John Martin 782 Waverley Road North Andover,MA 01845 27 24 William MacDonald 792 Waverley Road North Andover,MA 01845 27 25 George Perron 802 W aveley Road North Andover,MA 01845 24 15 Northmark Bank 89 Turnpike Street North Andover,MA 01845 24 16 Eaglewood Properties 100 Turnpike Street North Andover,MA 01845 Date 3/2/2006 Page 9 of 9 This certifies that the names appearing on the records of the Assessors Office as of Certified by: Date March 14, 2006 City of Laence City Asse sor 200 Com on Street Lawrence,Massachusetts 01840 Please contact Bohler Engineering: Telephone: 508-480-9900 RE: 300 Foot Abutters List for the Intersection of Salem Turnpike and Waverly Road Town of North Andover: Map , L t IA Salem Turnpike Systems Capital Real Property Corp. Mailing Address: c/o ITM Services P.O. Box 672346 Houston, TX 77267-2346 Map 1 Lot 1: 100 Waverly Road, Lawrence, MA Mailing Address: Jefferson at Den Rock LP 1155 Herndon Parkway Herndon, VA 20170-5534 Map 3 Logit 1 Waverly Road,Lawrence Owner: City of Lawrence Co-Owner Den Rock Park Mailing Address: 200 Common Street Lawrence, MA 01840 For Tax Assessors Use Only According to our records of this date, certified b y the City of Lawrence Board of Assessors. This review is based upon our existing maps,which are complied for assessing purposes only; therefore,:they are not drawn to survey accuracy for conveyances. This certification does not include any recent transfers of ownership that have not been received by the assessor's office. Every effort has been made to maintain these ords as lely required. i 4-260� Tax Assessors Signature ate Typed Name and Title p11OWNtlbq 3► Ep Nd o fU6 Mq .°y BOARD OF ASSESSORS TOWN OFFICES =r $ 36 BARTLET ST ANDOVER, MA 01810 s�cHUs � 978-623-8265 BOARD OF ASSESSORS CERTIFICATION OF ABUTTERS out of town request PETITION# 64/06—0 I hereby certify the attached list, as requested, of abutters as they currently appear on the Assessors' Office records. Susan E. Moore Senior Assessor SAAR 15 2006 �oQv,w-rw�ni V• unusei ie gauant Diaz— Parcel ID# 10 2 G LUC: 131 LAWRENCE EAGLE TRIIBUNE RT TR IRVING E ROGERS ETAL 100 TURNPIKE ST NORTH ANDOVER MA 01845 Parcel ID#: 18 0 106 B LUC: 101 SLEEPER,JERRY S JACQUELINE M SLEEPER TE 304 HIGH ST ANDOVER MA 01810 PURCHASE AND SAIL.A GREEN ENT PURCHASE.AND SALE AGREENIE N r("Agreement")dated effective as of the Effective Date, as deed below, is by and between Mark Investment; Inc., a Massachusetts corporation {"Buyer"} and each of the individuals or entities listed on Exbibit A-1 (collectively the "Seller" which term 9M rehr to an individual Seil..er or collectively to all of the Sellers as the context shall require and shall be deemed to include their respiective successars and assigns). WMR.EAS, Sewer is the owner of certain real property in North Andover,Essex County,'Massachusetts,as more particularly'descrt'bedbelow as the Property,and WHEREAS, Seller desires'to the sell: the Property, as defined below, to Buyer, subject to the terms sad conditions in this Agreement;and WHEREAS, Buyer desires to purchase the Properly, subject to the terms and conditions in this Agreement,from Seller. NOW 1EFORN,in consideration of the mutual promises,covenants, payments and inxdertalangs herainafter set f ti%Seller and.Buyer covenant and agree as follows: 1. SALE OF PROPERTY. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller,upon the teams,covenants, and conditions set forth in this Agmement,the following: 1.1- Ten(10)certain tracts or parcels of 1=4 and the imgroY n is therm, looted in North.Andover,Massadmsetts,sometimes known as Assessor's Adap 27,Parcels 16,17, 19,19,20,21,23,24,25,and 25,all as more part lady described on Ed"A-1 attached hereto and made a part hereof(collectively,the "Property"or the"Properties"as the context shall require). 2. PURCHASE PRICE:•The purdh se price("Purchase Price")for ihe Properties is The Purchase Price shall be paid as follows: 2.1 Upon the fall execution and delivery of this Agmataant,Buyer shall dem is escrow with the Escrow Agent,as hereinafter defined,an earnest money d in&a moral the`deposit").The Deposit shall be allocated with respect to arty as set forrth onRAM A--2 attached hereto and made a part hereof; The Depont and any gdari*tin.or the allocable portion thereof shall be 3ref indable only as may be set forth in this Agreement. . The Deposit and any interest thereon shall be a credit towards the Purchase Price at the Closing,as deflined.below,and atihe Closing,it shall be allocated asset forth on Exhibit A 2. The Deposit shall be held in escrow Page 2 by Kaitz&Fellman,LLP(Buyer's attorney which shall be permitted to continue to represent Buyer)("Escrow Agent")in accordance with the terms of this Agreement. j 2.2 The balance of the Purciaase Prig phi or minus prorations and adjustments,as provided for herein,shall be paid to Seller at Closing in cash,either by wire transfer ofimmediately available funds or a certified j chuck made payable to the order of Seller. 3. DUE DILIGENCE: 'J 3.1 Dom` Buyer shall,have ninety(90)days from ft Effective Date ("Due DR'igence Paiudg)to conduct Buyer's die diligence en a of the Property including,-without limitation,site assessment,survey,environmental site assessmeutt and geoteechuical testing. 3.2 Access. Buyer shall,with,in each instance,reasonable prior notice to the Seller,have access to the Properties during the Due Diligence Period to conduct such investigations and studies;provided,however,that all inspections and studies shall be at the sole cost and expense of Buyer,and in coning such rove ' t, :cndtor studies Buyer shall: (1)not wmteasonably intmrare,wil.any SdIaes or any hat's occupancy and use of&e Properties;(2)Wamu fy,defend and hold Seller haradess from ugury,low,damage,cost or expose Whedw foressm or not arising out of suchrryestig� n audtor studies;and(3} all damage and dis d moo to the Prope rtm c mredby such investigation mWor study and restore the Properties ibllowing such inspections and testing to the condition it was in prior thereto,including without limitation filling in all test pits and leveling any disrupted areas. in its sole discretion,is unsatisfied 3.3 Resoltg Due Diligence. If Buyer, r4 with the results of its due diligence,Buyer may elect to terminate this Agreement by providing written notice of such termination to the Seller on or before the and of the Due Diligence Period,and upon the giving of such written notice,le parties dean be relieved ve d froom,any finer 613igations to each off,wwaptt*atthe Buyer shallpay 5aue es r nablelegal fees and expeuases,up to ft amount of incurred by Seller in connection,with the trausecdons I herein,and the erre Deposit,plus accrued interest:shall be immediately returned to Buyer. Notwithstanding any implication �lication which m be contained in.this Agreement to the contrary,it is understood and agreed that Buyer may not terminate this Agreement as to one but not all of the Properties. 4. PTRMIT PERIOD: 4.1 Buyer shall have twelve(12 months after the expiration of the Due Diligence Period("Permit Period')to obtain all necessary Page 3 government licenses and permits required to demolish any or all of the existing structure(s)on the Properties and to construct a new structure(s) for mks)acceptable to Buyer in its sole mon("Permits"). So long as this Ag euientis in eft Buyer ahall havefhe rightto take any and all. actions,at Buyer's oak cost and expense,which Buyer,in its sole discretion,deems necasseq or appropriate to enable Buyer to obtain the Permits including,without limitation,the nghtto file,inBuyers name(or, if requiced by any gone mmantal any,in Seller's name as SaUces agent) and for Buyer's sole be neft zoning code approvals,variances,changes or other appropriate relies; or other related approvals. Each Seller agrees to execute and deliver to Buyer any and all instruments as Buyerm yreasonablyrequW and offmwise to cooperate(at no cost to Seller)with Buyer in connection with the exercise of its*ts pursuant to Us Section 4. 4,2 Esso of Peso#' Pod. 1f them is a legal apped flied preventing the final issuance or effectiveness ofany ofthe Pte,orifBuyerhas fried an appeal relating to the denial ofthe issuance or the form,or validity of the Permits,Buyer shall have the rightto extend the Permit Period for one (1)throe(3)month period of provided#hat Buyer continues to make the Payments as provided in Section G below,and provided that Bum provides written notice to Seiler,prior to expiration of the Permit Period, of its exercise of this one(1)time extension period. 43 No perzni� IfBuyer does notobtain n all of i he Permits or determines that the Permits cannot be obtained on terms and conditions,or within time periods,in each case acceptable to Buyer in.its sole discretion,Buyer shall have the right to tate this A,greesueast by providing written sorties of such dation to the Seller on or befm the and of the Permit Period,as the same maybe extended,and upon the giving of such written.notice,the parties shall be relieved from eny further obligations to each other and the Deposit,plus acomed vest,but less the Payments released to Seller's attorney as provided in Section 6 below,shall be immediately returned to Buyer Buyer•shall be deemed to have obtained the Permits only after all applicable appeal periods have expired without the taking of an appeal therefrom(or with all appeals having-been resolved in favor of the g ti g of such permit t or ap ►al)to allow Buyer to const et Buyer's project in compliance with all applicable legal dents. 5. DEED;TITLE. 5.1 D-e-eL At the Closing,as defined below,each Seller shall convey by quitclaim deed("Deed")to Buyer or its nominee good aadmarketable title to the land and improv.of the Property that each owns,free and clear of all liens,claims and emcczmbrauces,except for Permitted Encumbrances,as defined below. Page 4 5.2 PerAkk d Encumbrances. The"Parmitted Bnoumbranres"areas follows: 5.2.1 provisions of existing building and zoning laws; 5.2.2 such real estate taxes for the then current tax year as are not due and payable on the day of the delivery of the Deed; 5.2.3 any liens for municipal betterments assessed after the day of the delivery of the Deed, and 5.2.4 such other items as maybecome Permitted Encumbrances as set forth in Section 5.3 below. .3 T% a Rodow. Buyer may,at its sole cost and expense,have title to the Properties wraminad. Mupon wismi uatiou ofthe tine Bayer finds any matter of title which makes sash tide una table,&M Bayer shall notify Seller in wrttin&wig.sixty(60)days of tine Effeafm Date(Ike"Title Review Periods},oftbase matters Buyer finds unacceptable in the xecord tide to the Properties through the date of sucli examination(fading which Buyer shall be deemed to have waived the right to raise objections to tide and those matters to which Buyer docs not object,in writing=shall become Permitted Bncum ance9 if beh re the and of the Title Review Period, Buyer notifies Seller of say sn&title objections,Seller shall use reasonable efforts for sixty("days af#a an&ria ficstion of objections in which to cure or remove such title objection(s). if Seller is unable to ears or remove such title objections to the satisfaction of Buyer within such sixty(60)edendaz-day,Period,Buyer,at Buyearis option and as Buyer's sole and exclusive remedy,may,within ten.(10)calendar days of Ia the eagdration of such sixty(60)celendw daypexiod,smd written notice to Seller teriamating this A whereupon the Deposit and any interest thereon dud be returned to Buyer,and neiIker party shall have any father rights or obligations pursuant to this Agreement The failure of Buyer to so terminate ibis Agreement by such written notice shall be deemed a waiver by Buyer of such uncured objections or defects and Buyer shall accept such title to the Properties as Seller is able to convey without offset,reduadon or abatement in the Purchase Price(with the uncured objections or defer big additionad Permitted Bxceptions hereunder). 1'dotwithstan(bng the foregoing,mortgages and other monetary hens shall.not be deemed to be Peunitted Encumbrances and shall be S62e es obligation to core. Furthermore,ifs between the expiration of the Title Review Period and Ike Ckwgg Date,as defined below,an updated title report shows anynew title matters(La.,matters not of record as of the end of the Title Review Period)which are objectionable to Buyer,then Buyer shall have the right(i)to accept such title as Seller c au deliver to the in its then condition and to a therefore the Purchase Price or Property pay (it)to give Seller written notice of any such new title matters in which event the parties shall have the same rights and remedies as to so&new objections as staffed earlier in ibis Section 5.3 with respect to Buyer's objection to title matters existing before the expiration ofthe Title Review Page 5 Period and,to the exert necessary,the Closingmaybe extended by the number of days necessemy to accommodate SeRees sixty(60)day period witbiu which to cure or remove such.objection. . 6. PAXIY M: Within five(6)business days aftar the and of the Due Diligence Period and on the same date in each calendar month thereafter until the earlier of the termination oftbis Agreement or The Closing,as defiwd below,Escrow Agent teall release frena The Depoairt s monthlypaymca_ t(each being a"Payment"and ther the`Payments')in the amount of �rata for any Patin'payment period during which-the terimnalum of fib Agreement;or the Closing occurs). Each Payment shall be paid tc)an attorney selected by Seller to be distributed upon receipt by such attorney to each Viler as set ftnth on IxbH*A- 2. 2. The Payments shall be a credit against the Pumbase Price and shall be non refundable to Buyer unless Seller gots to peri'oun in accordance with the terms of Ihis Agreement If Esrmw AgmA fads to release any Payment(s)as provided ereim,then Seer's sole and effusive rigbt and remedy shall be to mate this Agreement bywritten.notice to Buyer provided 64 if8scmw Agit or Buyer malces the required Payment(or Payments,if applicable)in each case within five (5)business days atter Buyer's and Escrow Agents receipt of Seller's termination notice,than.This Agreement d aR retrain in fall force and effect. If Seller so urinates this Agreenumt and Buyer or Escrow Agent does not negate the termination,as provided in the f magoing sentence,then Buyer shall be entitled to a refund of the diffemce between the Deposit less those Payments already released. to Seller's attorney,with the interest thereon,and Seller shall be entitled to ruin any Payments which have been received by Seller or Seller's attorney prior to the elate of Seller's notice of termination. 7. CLOSING: 7.1 Oa6gTimewd Placa, The conveyances beecein provided shall.be consu-- ---ed at a closing("C g")which shall taloa place at the officesofBb's title company i n the Bch motrupolitau area at 10:00 am.on the firstbusinm day which is thirty,(30)days after the and of tice Permit Period as same maybave been extendad or such earlier date or other location in the metrWYtan area in which the Property is located as Buyer and.Seller may agree upon.(rClosing Date"),provided,however,that in no case shall the Closing Date be an or before November 1,2005. 7.2 ]Eosmsion Each Seller shall be allowed to retain possession of their respective Property:br sixty(60)days following the Closing Date,such time beingprovided to allow Saler to vacate the Properties and fiord replacement housing. Upon the expiration of such sb y(60)day period, £cell and a=hisive possession of each Property,free of all tonauta, occupanis and rights of others,is to be delivered.to Buyer,each Properly to be Then in the same condition as it now is,reasonable use and wear thereof excepted provided all of Seller's propecty shall be removed.and Page 6 each Property shalt be broom.dean. Far each day air the and of such si7dy(R day period that a Salter rets possession of their Property(such individual Seller,a"Holdover SeEW1 such Holdover Seiler shall pay a penalty fee Of ("So&MM Penalty'')to Buyer until they deliver posseaskm of t5wi—reopmuve Pmperty to fhe Buyer.Notwitbstauding the forte or anyffing in the contrary hem,ifsuch sully(60)period ends duringthe North.Andover public school system school year,Dante L. Stabile and Robes L.Stabile,the owners of the Property at 814 Waverly Road,shall not be:ebliga$ed to deliver possession of fl=Property until ten(10)days atter the end of such school year,provided,however,that they shall pay to the Buyer the per diem Holdover Penalty for each day after such ten(10)day period after the and of such school year that they retain possession of their Properly. Buyer agrees that Seller may remove from respective Properly any dabs,flowers and other vegetation. and any appliances,mold wood paneling,chandeliers and fixtures. 7.3 Deliveries atClosing. 7.3.1 At the Closing,Se er shall,as a condition of Buyer's obligations to close:under this Agreement,deliver to Buyer the following documents,duly executed and acknowledged by Seller whenever applicable witk avideacye of auilwnty therefore: 73.1.1 the Deed; 73.3..2 a mechanics ben and parties in possession affidavit and such olber normal and customary aftdavits as title ounce company's require for transactions of this nature; 7.3.1.3 atransferor's certification ofnon-foreign status as required by Section 1445(6)(2)of the Internal Revenue Code; and 7.3.1.4 such other documents as arc customary in.the area in which the Property is located for a transaction of a similarnature. 7.3.2 At then Closing,Buyer",as a condition of Seller's obligations to close under this Agreameat,deliver to Seller the following: 7.3.2.1 the Purchase Price,as set forth in Section 2 above;and 7.3.2.2 Evidence of Buyer's good standing in the Commonwealth of Massachusetts and authority to enter into the trrensactions contemplated hereby. To enable Seller to make conveyanee as helm provided, Seller'may, and if necessary shall, at Closing,use the purcbase money to any portion#hereof to dear the title of any or all brand or interests which are to be removed or eliminated by the Page 7 terms hereof- Real estate taxes,and water and sewer charges,if any,shall be apportioned as of tho end of the clay an the date ofthe Closing and the net amount thereof(y)if due to Seller stall be added to the Purchase Price payable hereunder, and (z)if due to Buyer shall be:I credited against the Purchase Price payable hereunder. All other costs shall be paid in accordance with customary pracdoe in the area in which.the Property is located. 8. BROKERAGE: Seller and Buyer each represent and wan-ant to the other that there are no brokers involved in connection with this transaction. Buyer and Seller each agree to inky and hold hamnleess the other from and against all Maims for brokerage moons on account of this sale by any person who establishes by a court action a rift to such brokerage commission arising out of dealings with the party fiumwhom cion is snught,and for all costs and expenses,including ze asonable ado maW fees mouued m.connection with any such claims. Both parties shall have the right to participate in the defbnso of any Such action 9. COOPERATION: Seller agrees to cooperate with Buyer in allTespects in connection with this Agreement including,without limitation,permitting Buyer to access:the Property and Sellets applicable reams is connection with Bb's due diligence activities,and in obtaining all Permits pursuant to the terms.sd forth in Section 4 aboveL In addition,the parties agree that up to and air the daft of Closing,Choy shall do such things and amita6 acknowledge and deliver any and all additional instruments,ments,dock and materials as eifher party may reasonably request to fully effm nate fhe purposes of ihis Agmen#. Seller agrees that if requested by Buyer,Seller shall.earecune a Notice of Purchase and Sade Agreement,andthat such Notice maybe recmdesl,provided,however,that any such recordedWotic a"be muned adyreanoved ofreed.inthe event thatthis Agreement is terminated by either party pursuant to the teens hereat and provided,farther,that no such Notice shall be recorded where the recording of the same shall cause any Seller,as the case maybe,to be in violation of any mortgage or deed of trust affecting their respective Properly, In no event shall Seller's obligations within this Section require Seller to make any expenditures. 14. LIABILITY: Buyer shall have tlteright to tmnimft this Agreement at any time and for anyrawraprior to orupmthe end offhe Duue:Diligence Period as set forth in Section 3 hereof(nneaningpsior to ft making of the Payment;if any due upon the end of the Due Diligence Pear)and otherwise as set faith in fhis Agreement wiXOut cost to Buyey except for Sealler`s reasonable attorneys fees,as provided in Section 3,by providing timely written.notice to the Seder,in which event the Deposit and all interest earned thereon shall be promptly returned to Buyer except that any Payment or Payments,as the case may be,released to Seller's attorney prior to such tertnination shalt be retained by Seller as set fortis in Section 6 above. If Buyer shall default under this Agreement(which shall not include the failure to make a Payment for Wch Seller's sole remedy shall be as set forth in Section 6),the parties herd agree that the damages that Seller shall sustain as a result thereof shall be difficult to ascertain. Accordingly,the parties Page 8 hereto agree that inthe event*at Buyer Ws to perform,any of ft terms,. covenants,conditions and agreements to be performed by Buyer hereander, whether at or prim to the Qosing(except for the faff u'e to make a Payment, vftch def'auit shall be treated as set forth in Scatma 6 above)and such fudure continues for thirty(30)days after Buyer has received written notice thereof From S'beller,Saw shall retain,the Deposit(and Payments)previously made to the date of the defaerlt,as liquidated and exclusive damages,which shall be Seller's sole and exclusives remedy at law and in equity to be allocated.among cach Se fier as set forth on.UktbftA 2.in ate,if any Seller Ws to perfi m as required hwein, Buyer sball have allrights ander available at law and in equity including, without limitatiaq,the lififtt to q*dficpmfozmance of this Agreement with respect to the individual defaulting Seller.Buyer maynot close on the purchase of the Properties with less than all of the ten(10)Sellers,it being the agreement of the parties bmeto that all ofthe Properties,or sane of the Properties,will be sold in connectinm with this Agreement,andgme AmU beano pa W closings*hexer, for example,some,but not all of the Properties s are purchased by the Buyer. 11. GENMAL: This Agreementmaybe executed in duplicate orin duplicate counterpart originals(each of which shall be deemed an original,and all of which shall constitute one and the same inert),is to be construed as a contract under the laws oftbe state in which the Property is located,is binding upon and Inures to thebanefrt of the parties hereto add*w respective heirs,devisees, executors,admiustrators,soccessors and assigns,and may be modified or amended only by a writteninstrusnent executed by both Seller and Buyer.except as other%isc provided herein. 12. NOTIC:M .All wdcm required d or permittid to be givenheresnder shall be in rand scut by certified cc rostered meA or by overnight cow,postage prepaid,or band delivered orbyfunfinfletransmi cion,addressed to tlm parties as follows to such other address or addresxs as the parties may designate from time tofimbymoflmpmdedinwwnlwmwi&ihtspwAskm Any such.notices shall be efve upon rept of ft same by tai panty to whomthe notice is directed. Iu addition,copies of any notice here under shall be provided as follows: If to Bluyer: Mark Investment Inc. 54 Jaconnet Street,Suite 203 Newton,MA 02461 Fax: (617)332-W14 With a copy to: Ronald M.Fellman,Esq. Kaitz&Fellman,LLP 54 Jaconnet Street,Suite 300 Newton,MA 02461 it I Page 9 Fax: (781)89442129 Uto Seller. Daniel Ja Norris,Esq McLaaes Graf,Rauterson&AEMeton,Professional Association 900 Blmi Street P.O.Box 326 Manchester,NA 03105-0326 13. 19"ECTWR DATE: This is a binding contract affective as of the"Effective Date"which shall be that date when this Agreetmut is signed by,and each change is initialed by,Buyer and by each Seller. Page 10 IN WITNESS WFIEREOF,the parties hereto have executed this Agreement as of the Effective Date. WITNESS Buylu: MARK INVESTMENT,INC. . $y: zf Name: Robert S.Korff Title:lid nt,D authorized Date:� 5 . SELLER: . Owner of Map 27, Parcel 16 Date: Owner of Map 27, Parcel 17 Date: Owner of Map 27, Parcel.18 Date: Owner of Map 27, Parcel 19 Date: Owner of Map 27, Parcel 20 Date: Owner of Map 27, Parcel 21 ate•. D Page la IN WUNESS WIMEOF,the parties hereto have executed this Agreement as of the Effective Date. WITNESS BUYER: MARK 24MTACM,INC. Name: Robert S.Korff' Title:President,Daly Authorized Date: SELLER: . Owner aMap 27, Parcel I -s Date: Ad Owner ofMap 27, Parcel 17 Date: 3 fla.&:t Owner ofMap 27, Parcel 18 Date: Owner ofMap 27, Parcel 19 r OwAr Date: Rd 6S' Of Ma p 27 2D e Date: ZO W Owner ofMap 27, P� Date: v d ri- Page 11 Owner ofMap 27, Parcel 23 D Owner ofMap 27, Parcel 2$ .Data: Owner ofMap 27, Parcel.25 Data: Owner of Map 27, Parcel 26 Bain: M WAT,M%72737*Wubm"W3767{IU= Mmb23,2005 10:46 AM Page 11 : Owner23 fMap 2 �tr� � , P %�-L E.�fi- P Owner of Map 27, Parcel 24 f j . Date: Owner of Map 27, Parcel 25 Dater: N M-r Owner Map 27, Parcel 26 bEWATX-A7373 u ab?0 1.POC Btu �• _____ � March IS,2005 3:30 PM Page 1 WITNESS WHEREOF,the parties hereto have executed this Agreeoment as of the E five Date. WYTN SS Buklm. MARK I1MSTMEW INC. Name: Robert S.Korff Titte:Preside,Duly Authorized Data: Owner of Map 27, Parcel 15 Date: Owner ofMap 27, Parcel 17 Date: Owner of Map 27, Parcel 18 ss Date: 317 a s" Owner ofMap 27, Parcel 19 Date: Owner ofMap 27, Parcel 20 Date: r Owner of Map 27, Parcel 21 Date: Page 11 I Owner ofMap 27, Parcel 23 Date: Owner of Map 27, Parcel 24 Bate: Owner ofMap 27, Parcel 25 Date: Owner of Map 27, Pa=l 26 ` Data .- M:IDATIL17112737VC10a10031 7 1= Mnm4 22w 2005 1134 AM ' F Val]BrT A-1: Assessor's Tax heed Recording - _ _ _ Name of Record Owner Address of Record Owner Property Map/Parcel Information a erence Number BooloTage(Essex Name(For use Co.Registry of in Exhibit A-2) Deeds 1. 27/16 3037/49 Hector Rivera and 768 Waverly Road Rivera Joey 8ivera Ncafih AudoveeMA 01845 2. 27/17 5132/338 Heather A.Root 21 Turnpike Street Root North Andover MA 01845 3. 27/18 5152/172 William L Shannon,Tmst=of 29 9 Ridgy Street Shannon Turn ilce Street R Twat Vvr toter MA 01845 4. 27/19 8384/176 Randall D.Hunter and 35 rr*e Street Hunter MonicaP.Hunter NorthAndov MA 01845 5. 27/20 6984/116 Alicia Lugo 41 Turnpike Street Lugo Nor&AudoverMA01845 6. 27/21 6995/232 Howard WMdns and 47 TumpDw Shed 'mos Rebecca Montsn Wz']lcins North AndoverMA 01845 7. 27/23 942/135 Bohn A.Martin and 782 Waverly Road. Martin. Skirl I.Martix► North AadcverMA 01845 8. 27/24 5431/195 William P.MacDowdd and 792 WevadyRoad MacDonald Julie Fedele MacDonald North Andover MA 01845 9. 27/25 1495/161 Marie Ferran and Raymond 1.Perron 802 Waverly Road Pamm North Andovear MA 01845 10. 27/26 3374/300 Dante L.Stab0e and 814 Wavedy Road Stabile Robert L.Stabile North Anda MA 01845 N2:OA.TA17172737"pnrchaso100365479.DOC March 18,2005 3:26 PM EILHIBBIT A 2 DEPOSTT/PAYN[ENT/PURCHASE PRICE ALLOCATION Property Percentage Allocation to Allocation of Total Property of Payments/Deposit Pwrcbase Face 1. Rivera. 10% 2. Root 10% 3. Shannon 10°!0 4. bunter 10A S. Lugo 10% r. WMdns 100A 7. Mmtin .10% s. MacDonald ; 10% 9. Perron 10% 10. Stabile 101YO NI:DATAMA7r371pumbo AQO36SG1.DOC Marry 18,2m 3:39 PM 03/21/2005 21:52 FAX 975 784 VU26 LAW ur'ritts WA IVjuuc Jitsiries RECEIVED Ab oer io Abt4ler( ) BuudMp Dept. ( ) Cont watiorr ! TOWN CL R ' O F F I C P To n aF Nodh Andover 2006 MAR 23 PM 4.- 1 AbuUM t.fsltina RBOIl1REMENT: M 40A,Seco@n I 1 aura M 1`i it � Pan'PpIVBe In Inlertlt as ueetl M O+Is chapter ahsll mein Nw t 1 � P s, - bbu@Mi,11-4n Or food dbr. WotNeW any puW ar PrW#j#Way.ww rlirroars V p } -i * � Sri Inree tiro ltlj ' +'• , ..toe)real d Nn properry Nne G Nw pedtkr er a.Opt 4PPW on IM m@eI.4.a 10 Met.nq whhafandlna NHI the landOt MY nMh owner lei IecepA cf Mahar Illy Or IaWA,the ptannlnp t+0artl d IM arty a I-M,tlrd the phnMny OWN of @rely awainp C"or horn; StrbiectPrro_p�r�; �P RCE 27 16 Hector Rivers 768 Waverley Rood North Andover,MA 01845 AhudNa' W2 Pa-1 27 1 _Waverly Road Trust ao Edwin Rodorluez 432 Winelrop Avenue North Andover,MA QW5 27 17 Heather Root 21 Turnpike street North Andover.MA 01945 27 18 William Shannon 9 Ri ops street North Andover,MA Ota4S 27 19 Randall taunter 35 Twnpike Sk1at North Andover,MA 01845 27 ZO Alicia Lugo 41 TWfWke Street North Andover.MA.0184S 27 23 John Martin 782 Weverlsy Rood North Andover.M4`'01843 27 24 W111901 MKOOnaki 792 Waver Reed 27 35-0725.0 Elaine Roldo, North Andover,Mp 01846 27 35.0727.0 723 Weverisy Road North Andover,MA 0105 John Arnbrsy 727 Waverley Roo North Andover,MA 0184S 23 12 Dorme.&Dennhs Deschamps 203 Cokrlt Strrth eet NoAndover.MA ote48 23 40 Barbara Milton. 742 Waverley Road North Andover;MA 01846 23 41 Kenneth Corrao 738 Waverley Road North Andover,MA Of 845 23 20 Charlotte Mels 174 Cotult Street North Andover,MA 01845 Matth 23 22 Matthew Lamla 184 Costar Street North Andover,MA 01845 23 23 David Waldrop 198 Cour Stns[ North Andover.MA.01845 23 24 Gary L"W 20 Turnpike street North Andover.MA 01846 23 25 Mary Northern 198 Waverley Rood North Andover.MA 01843 23 28 Wager Birch 8 Turnpike Street North Andover.MA 01845 23 27 Frederick Harris 20 Turrrplke Skeet North Andover.MA 045 18 23 28 Mary Reardon.c/a-TNA 120 Main street North Andover.MA of s45 23 29 MSikoit Gill 32 Tumplre Street North Andover,MA 01845 23 30 Chrlsdna'Bieneo 38 Turnpike SimNorth Andover.AAA 01845 23 39 John Reynolds 28 Turnpike Street Nav1 Andover,MA 01845 Dare 3/7/2008 This certifies that the names appearing on the Pap 1 records of Assessors Office as of • free>ode Certified by: Date 7/06 z t7 MAP 23 �r r / SITE LEGEND LOT 32 N/F LANDS OF ROBERT KOUNS PROPOSED MANHOLE STRUCTURE r r PROPOSED CATCH BASIN � PROPOSED ucHT FIXTURES MAS 27 LOT 22 \ N/F LANDS OF r / PROPOSED SECTION OF \ - ,NRENCE EAGLE TRIBUNE PROPOSED BOLLARD A ' I_TY TRUST 5'R PROPOSED CURB RADIUSR EA GRANITE CURB (TYP) 3K. 7222, PG. 1 60 => PROPOSED DIRECTIONAL ARROW � [LOT 1 3] � r PROPOSED SIGN ® / INSTALL MASS HIGHWAY STADARD GUIDE RAIL SUCH THAT FACE OF GUIDE RAIL IS \ PROPOSED HEAVY DUTY PROPOSED TREE LINE� LOCATED 1' OFF PROPERTY LINE (TYP) \ PAVEMENT (TYP)9 PROPOSED PARKING COUNT / (SEE PLANS BY VANASSE) PROPOSED RETAINING LOT 30 303 / / / WALL N/F LANDS OF PROPOSED CHRISTINE BLANCO / \ (TYP) BOLLARD LOP 24 NDS(AP) AREA „ TYP / N/F LANDS OF PROPOSED SECTION EAGLEWOOD PROPERTIES, LLC OF GRANITE CURB 50' PARKING BK 9113, PG. 143 (TYP) SETBACK LINE 38 R \ / CLOSE EXISTING END OF BOARD J \ PROPOSED LOADING INSTALL BOLLARD AT PROPOSED / C'UR8-CUT ON BOARD FENCE ;' AREA LOADING ENTRY WAYS, SEE 1 PROPOSED �� � FINAL ARCHITECTURAL DESIGN FOR REGISTRY USE FOR LOCATIONS, TYP, "ONE WAY'" SIGN / / \ PROPOSED SECTION y o OJ \ PROPOSED PEDESTRIAN STAIR ACCESS OF CONCRTE �b� \ \ PROPOSED 6' HIGH BOARD IN BOARD FENCE TO BE MAP 23 WITH HANDRAILS TO RT, 114 / SIDEWALK (TYP) �/ INSTALLED ON OR JUST �P N/F LANDS OF (SEE ARCHITECTURAL DETAILS) � 50'R O , BEHIND THE RETAINING WALL � MALKSIT GILL / Oi00 �Q / �� 1'-7" / CEMENT BOARD CORN"CE PROPOSED DO � � � apo S / / NOT ENTER" � 4� � � �o• / / 57 s F waLGREENS 00 r "PEDXING/STOP" _ C MAP 23 o r SIGNS PROPOSED HEAVY DUTY LOCATION OF i00' � / WETLAND BUFFER LINE o � / PROPOSED PROP PAVEMENT TYP / , OSED RETAIL (TYP) ©PEM 24 G�oun's LOT 39 SED SECTION Of � � PROPOSED BOLLARD / ETERNALLY ILLUM. SIGN �R�b�'���� pHA^AH eT \ �J N/F LANDS OF GRANITE CURB (TYP) 0� 2' d®� BUILDING AREA JOHN REYNOLDS oma` Qp�� \ ) 11,053 S.F,t G.F.A. (TYP) PROPOSED � ' / TRANSFORMER / 43 s F, ADC'L TENANTADDITIONAL T PROPOSED SECTION o \ / _ A��1�,1®1�T N 1 lT VV A / L OF VERTICAL GRANITE CLOSE EXISTING � � � SIM, LIMESTONE r P CURB (TYP) PROPOSED / LocATIoN of 50" TENANT S �," ��� SEE OFF-SITE IMPROVEMENT PROPOSED (CONCRETE ISIANDTR STRIPED PROPOSED 8'x10' 0� PIANS BY VANASSE. / ) PROPOSED HANDICAP TRASH ENCLOSURE ; 5QiR i / BUFFER ZONE �Q \ s CURB (TYP) / SIGN (TYP) SEE ARCHITECTURAL / PROPOSED DETAILS ° `/ RETAININIG WALL MAP 23 INSTALL MASS HI HWAY� �� 000 � � SETBACKRLOfNE� � � I � � ( h LOT 28 STANDARD GUIDE RAIL SUCH +�/ PROPOSED BOLLARD p� N/F LANDS OF THAT FACE OF GUIDE RAIL IS l R� (TYP) *" PROPOSED �c � LOCATION OF A w MARY REARDON C/O TNA PROPOSED SECTION 5R " �e _ \ / ZONE O DISTURB 1-105 - LOCATED 1' OAF PROPERTY LINE d PROPOSED DOUBLE YELLOW 42'R I, GROUND ACE BLOCK Of CONCRTE �� LINE (TYP) (SEE PLANS BY VANASSE) / SIDEWALK (TYP) 2'R BOLLARDS TYP. / END OF BOARD 1-1G6� BRICK RECESS PROPOSED RELOCATED 'UTILITY POLE PROPOSED PROPOSED C� �ry ON BOARD FENCE �P R3_z COORDINATE WITH APPROPRIATE / CONCRETE CURB TTLANDSCAPE AREA PROPOSED CONCRETE MAP 23 r UTILITY COMPANY i (TYP) / (TYP} / SIDEWALK (TYP) i0 50, PROPOSED DOUBLE %F LANDS CF LOT 24 / , .r � ° t R,, YELLOW LINE N • / / PROPOSED / BO, \ 40 E LOCATION OF WETLAND ,. / 0 5 R � � O PROPOSED CONCRETE „ARV LEGE LANDSCAPE AREA � � " SEE OFF-SITE IMPROVEMENT PLANS BY (TYP) r/ 2`R O j1 / 1 130 ,")'CURB (TYP) 1-101 DELINEATION LINE OBTAINED FROM "EXISTING CONDITIONS b VANASSE, PROPOSED SLOPED GRANITE \ ,', PLAN OF LAND" BY VHB, INC �S NOTE; Vol CURB AT ROUNDINGS ® y / 23 /Iyp /O PROPOSED CONCRETE BOLLARDS TYP, \ ) 1000 (VANASSE, HANGEN, BRUSTLIN, PROPOSED INC. CATED JULY 1, 2003. � PROPOSED 9,00. 10.00 ij J, .5 R ENCLOSURES SEE " ELEVATION SEE ROAD IMPROVEMENT PLANS BY VANASSE & ASSOCIATES PROPOSED "DO NOT �Q �/ 2 R � 3' 9 .00 ARCHITECTURAL LOADING AREA 5 R \ 50' SIDE SETBACK NOT TO SCALE FOR CROSS SLOPES OF STREET WIDENING AND CROSS WALKS ENTER' SIGN (R5-1) NVQ a��� 10'R PROPOSED DETAILS PROPOSED DRIVE-THRU—� LINE PROPOSED CONCRETE CURB WITH CANOPY LOCATION CF 25' NO I MAP 23 / STANDARD DUTY / — (TYP) I I DISTURB ZONE LINE LOT 27 PAVEMENT (TYP) / 3 I ®o �� 4'R ; PROPOSED CONCRETE— ___ ___ 1-10 N/� LANDS OF � ,� 5'R� � PROPOSED I � i• � � q�� 3R - -- �/ CURB (TYP) FREDERICK HARRIS CEMENT �, 2 3' LANDSCAPE AREA BOARD CORNrCE 4 5'R (TYR) 25,00` TYP 18,00' TYP i — / 5� PROPOSED ADA ACCESS Q �O (TYP) ( BUILDING AREA \. PROP, MASS HIGHWAY RIGHT IN ONLY {'= 14,657 S,F,t G.F.A. DROVE nr�uV o Opd WITH HANDRAIL 5'R 3 R ENTRANCE - RIGHT OUT ONLY EXIT WITH 'ti • - - � f � 114 130' x PROPOSED VERTICAL �j SL/1;'E:7 G.'�A�!!TE CURRING AND COG14?ETE R3-2 � l " ISLAND. SEE PLANS BY VANASSE. 20' 2 R -- c a / 1 c PROPOSED LANDSCAPE 5 R I I PROPOSED NO GRANITE CURB / 3' s ;�, ,�, PROPOSED 0„ED BOLLARD AREA "TYP G r (TYP) � ) ( SNOW STOCKPILING" —PROPOSED "STOP" SIGN � 5'R PROPOSED I � � 26 ' SIGN /— ASSUMED BVW BORDER AND "STOP" BAR .00 \ 12,50' 42,$018,0 (TYP); AT PROPERTY LNE PROPOSED RT 114 IMPROVEMENTS o `..- �/) CONCRETE CURB p a ,>:' PROPOSED HANDICAP SEE PLANS BY VANASSE. \ / N 0� 18'R 2 R 5 --------- (TYP) 15,00' (TYP) 18,00' (TYP) - (TYP)o, 91 SIGN TYP e MAP 23 ° ., SwF O 3 R �---_, PROPOS 50'R SIM. uMESTCN'E- I0'-5 49/64" LOT 26 - ED. ED STOP a w ^ N/F LANDS OF 55 R 6 oy,' K; BAR AND "STOP" PROPOSED TREE LINE WALTER 31RCH PROPOSED R4-7 SIGN 3R 4 x SIGN (TYP) 5,R _ - -- --- 2'R 5'R -- - R- 6R . 3RRN 24 HOURS PROPOSED SLOPED '-- � N w Q( � GRANITE CURB PROPOSED TRAFFIC r GROUND FACE BLOCK WIDEN TO PROVIDE 10 � AT ROUNDINGS � FLOW ARROWS TYP PROPOSED � G� R ®100' FRONT SETBACK a �, PROPOSED CONCRETE •-� R i h � PROPOSED CONCRETE � � 8'-8 17/32" SHOULDER, SEE PLANS BY �� ( ) LANDSCAPE AREA LINE SIDEWALK (TVP) 3'R 5'R i \ BRICK RECESS PROPOSED PROPOSED DECORATIVE MAP 23 %� i i VAN SE / � (T�) 0 900, CURB (TYP) PROPOSED HEAVY DUTY 9,00' o PROPOSED WOOD, FENCE SEE DETAIL CABINET ELEVATION LOT 25 1 PAVEMENT (TYP) (TYP ai \ /j /�® PROPOSED 50 o ,, 1 LANDSCAPE AREA LANDSCAPE AREA / / 1 R `" (TYP) PROPOSED ) Q GUIDE RAIL (TYP) 14 1 (TYP) ( ) N/F LANDS OF TYP CROSS WALK ?'R 2'R I'—'N I NOT TO scnLE MARY NCRTNAM PROPOSE ' W ( ) 2 R%-7R D - a 2 R g ° ASS CONCRETE SIDEWALK TYP F�Ob 5'R LIMED BVW BORDER OPEN 24 HOURS 6 1/8"H X s'-4 1 2"w. aN D 5 IDE----_ / PROPOSED SNOW �, AT PROPERTY LINE . r � r (TYP) / STORAGE. SEE NOTE X19. i 19 j ® 20 ® PROPOSED / D DRIVE-THRU 0 I o PHARMACY 6 1/8"H• X 8'-8 1/2'W. HELVETICA MEDIUM COPY. PROPOSED � I 8 I I "NO SNOW - WHEELCHAIR - — —_ I — I STOCKPILING" LOCATION OF 25' NO - DISTURB ZONE LINE RAMP (TYP.) PROPOSED PROPERTY LINE TO PROPOSED "STOP �— PROPOSED 5 WALK m�� — — — — -- — — — _ _ L_ — '\ SIGN 3R — PROPOSED RELOCATED UTILITY POLE / 15.4 1 -i ACCOMMODATE PROPOSED RT 114 PROPOSED STANDARD BAR AND "STOP"'� / COORDINATE WITH APPROPRIATE / �— RIGHT OF WAY IMPROVEMENTS iO BE 50' PARKING SETBACK SIGN (TVP) 13.00 / SEE PLANS BY VANASSE ASSOCIATES, INC. ° ` 4 J ELEVATION UTILITY DUTY PAVEMENT (TYP) FOR SITE ENTRANCE DESIGN. PROPOSED STANDARD g NOT TO SCALE UTILITY COMPANY COORDINATED WITH WHO. LINE 13,00' 14.00 I DUTY PAVEMENT (TVP) o �, I PROPOSED� `\ PROPOSED SHARED PROPOSED SNOW g PROPOSED CONCRETE ADA COMPLIANT ACCESS I MONUMENT SIGN (14' WIDE; STORAGE, SEE NOTE #19, 6 CURB (TYP) 0 WAVERLY ROAD (SEE PROPOSED o 15.20 15,00' �ETENTION BASIN / / titi ti 11'-B" HIGH CO PROPOSED 5' WIDE v � - ' } (COORDINATE DETENTION BASIN £TAIL SHEET 10) f � \ / WITH PROJECT ARCHITECT) CONCRETE SIDEWALK (TYP) PROPOSED PROPOSED "STOP" ' 1 \ //"LANDSCAPE AREA BAR AND "STOP" (i; \ PROPOSED ADA ACCESS WITH PROPOSED 5' WIDE PROPOSE "STOP" I PROPOSED CONCRETE PROPOSED RELOCATED / 42'R � PROPOSED (TYP) SIGN TYP � � � \ ANORAILS (SEE DETAIL) CONCRETE SIDEWALK (TYP) " " i � CU " APP cRG�swaLK ®� _ R3-1L - (TYP) ° ° ° \ RB TY LOCATION OF 50' ROVED BY THE TOWN OF NORTH BAR D STOP ( P)}—'o BUFFER ZONE \ ANDOVER ZONING BOARD OF APPEALS �®b SIGN (TVP) d®�� � PROPOSED L — � _ R3 7L _ 0 40'R �'• � WALK TYP PROPOSED SECTION - - -------- off -- -- ----------- OF VERTICAL GRANITE o ---- — -- - --- - __�± _—_-- - -. 0 R CURB (TYP) �, ® —® o _ --- c i MEET EXISTING e SOLID WHITE LINE 12' ® PROP, 40,00' DRIVEWAY - o. c 30 R,� 0 R � \ DATE _ .-. -- - a s 04 EDGE OF PA DATE i --------- ! C Wel �,-_._ 5 PROPOSED CROSS PROPOSED DECORATIVE o ® 10 WALK (TYP) PROPOSED TRANSITION PROP. 30.00' DRIVEWAY ® CURB (TYP) DYCL ® FENCE (SEE DETAIL) ® 13 DOUBLE YELLOW LINE ROPOSED ( P __ ____ PROPOSED SLOPED - MEET EXISTING 12 COORDINATE THE TRANSITION GRANITE CURBING PROPOSE��LOPE DYCL ® RELOCATION OF UTILITY -AT ROUNDINGS 12' GRANITE CURBING - - —STRIPING POLE WITH APPROPRIATESWEL AT ROUNDINGS 13' / SWEL DATE OF AP _ _ _ / LPLICATION o J DATE / ASSUMED MAP 2 - _ - _ _ _ DATE OF HEARING _ BVvV BORDER LOT lA I — WIDEN TO ACCOMODATE MAP 1 SEE PLANS BY VANASSE ASSOCIATES, INC, DATE i N/F LANDS OF PLANSBYVANASSE GEOMETRY, SEE T �, LOT 1 PROPOSED RELOCATED SYSTEMS CAPITAL REAL PROPERTY CORP. W V ,Il �, L N/F (_ANDS OF FOR SITE ENTRANCE DESIGN, PROPOSED TRANSITION UTILITY POLE (TYP, OF 2) s s DATE OF JEFFERSON AT DEN ROCK LP CURB (TYP) DECISION A.D.r.- 7,000 DATE (F,K.A. RAILROAD AVENUE) r GENERAL SITE NOTES m (PUBLIC—cO�NTY LAY CUT 1977-66' WIDE) ZONING ANALYSIS TABLE PARKING REQUIREMENTS BOHLER' 352Turnpike Road 1. APPLICANT: MARK INVESTMENTS, INC, 9'x18' STALLS Southborough, MA 01772 6. ALL SITE WORK SHALL BE CONSTRUCTED IN ACCORDANCE WITH LOCAL,�STATE SPECIFICATIONS. 15. CONTRACTOR IS RESPONSIBLE FOR ALL EXCAVATION TO BE PERFORMED IN ACCORDANCE WITH CURRENT ZONE CRITERIA 6 SPACES / 1,000 S.F. G.F•A. 508.480.9900 C/0 BURNER ENGINEERING, P C. OSHA STANDARDS, AS WELL AS ADDITIONAL PROVISIONS TO ASSURE STABILITY OF CONTIGUOUS STRUCTURES, REQUIRED PROPOSED 352 TURNPIKE ROAD 7. LOCATION OF ALL EXISTING AND PROPOSED SERVICES ARE APPROXIMATE AND MUST BE CONFIRMED (25,710/1,000) x 6 = 155 SPACES ENGINEERING, fax: 508.480.9080 SOUTHBOROUGH, MA 01772 INDEPENDENTLY WITH LOCAL UTILITY COMPANIES PRIOR TO COMMENCEMENT OF lWY CONSTRUCTION OR ZONING DISTRICT PLANNED COMMERCWL DISTRKT (PCD) pwww,bOhieren .COn 16. ANY REPRODUCTIOMI OF THIS ENGINEERED DOCUMENT WITHOUT THE PRIOR CONSENT OF THE 'ENGINEER OF CIVIL & CONSULTING ENGINEERS ■ i •c� gEXCAVATION. ALL UTILITY SERVICE CONNECTION POINTS SHALL BE CONFlRMED INDEPENDENTLY BY THE RETAIL SOLES; BY SPECIAL PERMIT -50' FRONT YARD ANDSCAPE BUFFER IS REQUIRED PROJECT MANAGERS ■ ENVIRONMENTAL & 51TE PLANN R2, CONTRACTOR IN THE FIELD PRIOR TO THE COMMENCEMENT OF CONSTRUCTION. RECORD" IS STRICTTLY PROHIBITED. PLANNERS ■ MUNICIPAL ENGINEERS LOT SHOWN ON ASSESSOR'S MAP g21, LOTS X16, Il, 18, 19, 20, 21, 23, 24, 25 & 26 IN THE TOWN MINIMUM LOT AREA 150,000 SF 192,548 S.F, ■Chalfont, PA Other Office Locations: OF NORTH ANDOVER, MASSACHUSETTS. ANR PIAN REQUIRED TO DEVELOP LOT AS SHOWN. 17, IN CASE OF DISCREPANCIES BETWEEN PLANS, THE SITE PLAN WILL SUPERSEDE IN ALL CASES. NOTIFY ■Melville, NY ■Sterling, VA ■Watch 8. ALL UTILITY LOCATIONS ARE APPROXIMATE. IT IS THE RESPONSIBILITY JF THE CONTRACTOR i0 LOCATE ENGINEER OF RECORD OF ANY CONFLICTS. MINIMUM FRONTAGE ung, NJ ■Towson, MD 3• PROPERTY LINE AND INFORMATION TAKEN FROM A PLAN ENTITLED "ALTA/ACSM LAND TITLE SURVEY CONDUITS PRIOR TO COMMENCEMENT Of EXCAVATION OF ANY TYPE. 300' 51063' (RT. 114) PROJECT: MARK INVESTMENTS ■Albany, NY PREPARED BY CONTROL POINT ASSOC,, INC., WATCHUNG, N.J., DATED MAY 31, 2005, REVISED THRU 660.45' WAVERLY RD.) SEPTEMBER 14, 2005, SCALE: I"= 30' 9. ALL EXCAVATED UNSUITABLE MATERWL MUST BE TRANSPORTED TO AN RPPROVED DISPOSAL LOCATION. iB• ALL FEATURES NOT' LABELED AS "NEW', "PROPOSED', OR "TO BE REMOVED" SHALL BE CONSIDERED TO ( TITLE: PROPOSED WALGREEIV S/REFAIL (STORE #10209) BE EXISTING TO RREMAIN MIN, FRONT SETBACK Go' 10I00' ASSESSOR'S MAP 274. , LOTS 16, 17, 18 19 SITE P - 20, 21, 23, 24 2 LAN EO��pp 10• IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY "DIC-SAFE' I-888-344-1233 12 HOURS / SALENA TURNPIKE , 5 & 26 A� I I THE RESPONSIBILITY OF THE CONTRACTOR TO REVIEW ALL OF THE DRAWINGS AND SPECIFICATIONS ( ) 19. WHEN ACCUMULATED VOLUME OF STOCKPILED SNOW BECOMES AN IMPEDANCE TO PEDESTRIAN VEHICULAR MIN. SIDE SETBACK E ROUTE 114 TRAFFIC, EXCESS V(OIUMES SHALL BE REMOVED FROM THE SITE. 5O' 50.50' @ WAVERLY ROAD, TOWN OF NORTH ANDOVER ASSOCIATED WITH THIS PROJECT WORK SCOPE PRIOR iO THE INITIATION OF CONSTRUCTION. SHOULD THE PRIOR TO ANY EXCAVATION ON THIS SITE. CONTRACTOR SHALL ALSO NOTIFY LOCAL WATER & SEWER ESSEX COUNTY, MASSSACH4S16' I SIGN LOCATION CONTRACTOR FIND A CONFLICT WITH THE DOCUMENTS; RELATIVE TO THE SPECIFICATIONS OR APPLICABLE DEPARTMENTS TO MARK OUT THEIR UTILITIES. 20. THE DEVELOPMENT IS SUBJECT TO ACQUIRING THE FOLLOWING PERMITS; ORDER OF CONDITION N. ANDOVER MIN. REAR SETBACK CODES, IT IS THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE PROJECT ENGINEER OF RECORD IN ( 5O' N/A (CORNER LOT) GRAPHIC S C A L�+ WRITING PRIOR TO THE START OF CONSTRUCTION, FAILURE BY THE CONTRACTOR TO NOTIFY THE PROJECT it. THE LIMITS OF WORK SHALL BE CLEARLY MARKED IN THE FIELD PRIOR TO THE START OF CONSTRUCTION CONSERVATION COMRMJSSION), ACCESS PERMIT (MHD), SECRETARY CERTIFICATE (MEPA), EARTH REMOVAL FLOOR AREA RATIO N/A 0.14;1 z p SCALE (H) 1 "=30' DATE; ENGINEER SHALL CONSTITUTE ACCEPTANCE OF FULL RESPONSIBILITY BY THE CONTRACTOR TO COMPLETE DR SITE CLEARING. PERMIT (N. ANDOVER TBA) SUBJECT TO 5.5.6.2 OF THE BYLAWS AND A NPDES GENERAL PERMIT FROM �0 0 �s �0 60 � �� �� �"�' E S�1 , DFj OR 0 T za 2 �a COURSEY C AS No 3/10/C6 SHEE No. THE SCOPE OF WORK AS DEFINED BY THE DRAWINGS AND IN FULL CONFORMANCE WITH LOCAL EPA. IMPERVIOUS COVERAGE (MAX.) N/A _ 60.79 0 � {, REGULATIONS AND CODES. 12. ALL CONCRETE AND BITUMINOUS PATCH AREAS TO MATCH EXISTING GWDES� v p DRAWN BY MAX. LOT COVERAGE (STRUCTURES) 259 D "�� PROJECT No: 5, ALL WORK SHALL CONFORM TO THE TOWN OF NORTH ANDOVER AND THE COMMONWEALTH OF 13. ALL WORK IS TO BE PERFORMED IN ACCORDANCE WITH 0•S.HA. REQUIREMENTS. 13.69 TAG W041029 MAX. HEIGHT 35' SEE ELEVATIONS ( IN FEET ESSi� '! EN f> R CHECkED BY: CAD I.D. : MASSACHUSETTS HIGHWAY DEPARTMENT CONSTRUCTION STANDARDS AS APPLICABLE. o M C US TT 1 1 N E o. 644 M ss5 HUSSIONAL ENGINEER UAB/WOG WD I 029re iStr 14, SOLID WASTE TO BE DISPOSED OF BY CONTRACTOR IN ACCORDANCE WITH ALL LOCAL, STATE AND FEDERAL PARKING SPACES 155 SETTS LICENSE No. ER Y CF 1 REGULATIONS. 155 1 inch = 30 ft, RH r, 68 NEW HAMPSHIRE LICENSE No, 9308 CON, .,4 MAINE LICENSE No. 8408 r 'VERMONT LICENSE No. 71 10 0280RFV, N0. MAINE LIC o. CONNECTICUT LICENSE No. 23862 RHODE ISLAND LICENSE No, 7992 CONSTRUCTION CHECK DATE - APPROVAL UNDER THE SUBDIVISION MAP 23 00 \ CONTROL LAW NOT REQUIRED LOT 32 �x NORTH ANDOVER PLANNING BOARD , N/F LANDS OF ROBERT KOUNS \ 2 HUB & TACK FOUND CHAIRMAN / MAP 27 1 rr � LOT 22 r1 `'C, °tiff N/F LANDS OF LAWRENCE EAGLE TRIBUNE REALTY TRUST \ 61 BK. 7222, PG. 160 [LOT 13 PER REF, #3] \ f MAP 23 00 o�� 41 Sa^ • 30 hxw N/FLLANDSS OF �, 1 ODATE CRISTINE BLANCO THE PLANNING BOARD'S ENDORSEMENT\ OF FOR REGISTRY USE ONLY LOCUS MAP / THE PLAN AS NOT REQUIRING APPROVAL / \ T 21 9 aooa�w�e.sc,�MW usA MAP 27 UNDER THE DETERMINATION SUDIVISIOASCOONTROE LAW IS SCALE. 1 "= 1000'± �0T \ N/FLLOANDS OF CONFORMANCE WITH THE TOWN OF NORTH HOWARD WILKINS ANDOVER ZONING BYLAW AND REGULATIONS. \ & REBECCA MONTAGNE WILKINS / \� TO 9 BK. 6995, PG, 231 \ NOTES: [LOT 11 PER REF. #31 � O\56�, \ 1 . THE PURPOSE OF THIS PLAN IS TO CONSOLIDATE LOTS 1 6, 1 7, 18, 19, 20, 21 , 23, 24, �o��� ��`�\�O O 25 & 26 INTO SINGLE LOT A' AND SHOW THE PROPOSED TAKING BY MASS HIGHWAY. MAP 23 o p� s ti ��A 2c c, xo -� ��, F \ ,� 2. LOCUS KNOWN AS LOTS 16, 17, 18, 19, 20, 21 , 23, 24, 25 & 26 MAP 27, AS SHOWN ON LOT 29 /c� � � �, N/F LANDS OF THE ASSESSOR'S MAP OF THE TOWN OF NORTH ANDOVE=R, ESSEX COUNTY, MASSACHUSETTS. MALKSIT GILL\ \ \ MAP 24 3. AREA OF LOT 16 _ 14,120 S.T. OR 0,324 ACRES. MOAP a LOT 16 AREA OF LOT 17 = 9,870 S.F. OR 0.227 ACRES. \ \ \ N F LAN AREA OF T = � N/F LANDS OF / DS OF LO 18 12,323 S.F. OR 0.283 ACRES. ALICIA LUGO \ EAGLEWOOD PROPERTIES, LLC AREA OF LOT 19 = 15,664 S.F. OR 0.360 ACRES, MAP 23 \ / / p a° S6�. BK, 6984, PG. 1 16 \ `�cp BK. 9113, PG. 143 AREA OF LOT 20 = 19,005 S.F. OR 0,435 ACRES. LOT 39 A �,n [LOT 9 PER REF, #3] �• AREA OF LOT 21 = 21 ,809 S,F. OR 0.501 ACRES, N/F LANDS OF '� ci SSA \0, JOHN REYNOLDS J� q�� o�y�Ja� �S s�z � �� AREA OF LOT 23 = 24,991 S.F. OR 0.574 ACRES. \st• o FRAME AREA OF LOT 24 = 25,023 S.F. OR 0.574 ACRES. SHEDT ++ AREA OF LOT 25 _ 24,314 S.F. OR 0.558 ACRES. MAP 23 \ \ / � � \ - ro O, AREA OF LOT 26 = 25,429 S.F, OR 0.584 ACRES. /51 � h / � 1. � �0O TOTAL = 192 LOT 28 ,200 S.F. OR 0.027 ACRES. N/F LANDS OF xo4 �," A \ \ 1''A = MARY REARDON C/O TNA \` ' f0� \S6 \ \ O.I i LOT 91,348 S.F. OR 4.393 ACRES. RILL p MAP 27 \ 6� / I DOUND4 HOLE . THIS PLAN IS BASED ON INFORMATION PROVIDED BY A SU LOT 19 \ FRAME SHED CONTROL POINT ASSOCIATES, INC, AND OTHER REFERENCE MATERIAL AS SURVEY PREPARED N THE FIELD BY RAN/A LANDS OF �� _ pE�o1 I LISTED HEREON, DLL D. HUNTER 6 20 C, ,�. , \ & MONICA P. HUNTER 5. IMPROVEMENTS HAVE NOT BEEN SHOWN. MAP 23 � � Ilk" ��°�` 76 ``J`� [ OT 83PER 84, P REFG. . #3] \ LOT 24 \ / . w / �� \ \ c3`, \ \ 6. WETLANDS HAVE NOT BEEN SHOWN. ? I .i 7. SITE IS SUBJECT TO A PLANING Bw BOARD DECISION DATED: NOVEMBER 15, 2005 RECORDED TH PROPOSED NGARYY LEEGERF LANDS F � 9 0 I, TAKING PER REF , #7 \ `P \�� FRAME $56 I I Q THE TOWN OF NORTH ANDOVER CLERK NOVEMBER 19, 2005. O� \ Q� 56��, 9�], SHED i I CONTAINS: 1200 S.F. \ 176 �o \ °� REFERENCES: �1, MAP 27 �°' IRON PIPE o OR 0.027 Ac, �y �� \�s,, LOT 18 FOUND � o° � tiFT �L N/F [LANDS OF � ��� � N 1, THE OFFICIAL ASSESSOR'S MAP x / O WILLIAM J. SHANNON ,� OF THE TOWN OF NORTH ANDOVER, ESSEX COUNTY MAP 23 �' ` w BK. 5152, PG. 172 METAL g0' ^I :MASSACHUSETTS, MAP 27. LOT 27 ���� xo�� ��� ;� o��� �, ,p�\ [LOT 5 PER REF. #31 SHED / / o i �9 ,DR 4i0 \ IRON PIPE o I 2. MAP ENTITLED "THE COMMONWEALTH OF MASSACHUSETTS, PLAN OF ROAD IN THE TOWN OF N/F LANDS OF �`� ` w FREDERICK HARRIS �� S' �� ^. LF FOUND 'A' 1 I NORTH ANDOVER, ESSEX COUNTY ALTERED AND LAID OUT AS A TOWN WAY BY THE PROPOSED LOT A DEPARTMENT OF PUBLIC WORKS" DATED: JUNE 21 , 1989, LAYOUT NO. 6907 MAP 27 r'� ��,;' 9Q,2�` �p5 CONTAINS: 191 ,348 S.F. OR 4.393 Ac. MAP 27 SHEET 2 OF 2. LOT 17 J \' - N -�I MAP 27 LOT 26 \ 6 6 6� o ZONE: P LOT 25 3. MAP ENTITLED "PLAN OF LAND c „ \ Sol ti N/F LANDS OF \ X222 w I CANNED COMMERCIAL DISTRICT (PCD) N N/F LANDS OF N/F LANDS OF PREPARED BY: RALPH B. BRASSEURORTE ADNDOEDE'R'APRIL.S200;'90, BLED SNPTHE SSEX f HEATHER A. ROOT / © I DANTE L. STABILE & S BK. 5132, PG. 338 GEORGE H. & I^ ROBERT L. STABILE NORTH DISTRICT REGISTRY OF LEEDS AS PLAN N0, 3001 ON APRIL 26, 1955. MARIE E. PARRON / 0 h 6�. [LOT 3 PER REF. #3] ,-I o BK. 3374, PG. 300 MAP 23 ��� '\ \ 2 , IRON PIPE n BK. 928, PG. 396 I LOT 12A PER REF, 3 LOT 26 0 '`7' \O� FOUND co MAP 27 cv LOT 1 O PER REF. #3] [ # ) 4, MAP ENTITLED ' PLAN OF LOTS IN NORTH ANDOVER, MASS, OWNED BY AVERLY TRUST. N/F LANDS OF J� ~ / `S'' �/ �- LOT 24 [ o PREPARED BY: RALPH B, BRASSEUR, C.E,, DATED: DEC ' 9, 1958, FILED IN THE ESSEX WALTER BRICH q�°` \ FRAME 52 N/F LANDS OF w NORTH DISTRICT REGISTRY OF DEEDS AS PLAN NO, 4038, ON MARCH 31 , 1960, ��' MAP 2\ `SHED �0� ' I•• / FRAME 8,p' / / w WILLIAM F, & SHED o MAP 27 LOT 16 \96 \%. LOT 23 I JULIE FEDELE MACDONALD w 5. MAP ENTITLED PLAN OF LAND IN ANDOVER & NORTH ANDOVER, MASS, OWNED BY DANIEL CO N/RECTORS&OF \� /1 I- N/F LANDS OF r(6 OT 6A P1 RPC.R 195 I I� J. & KATHERINE B. CONNELLY" PREPARED BY: STOWERS ASSOCIATES DATED: MARCH 1966, JOHN A. MARTIN, JR. E EF. #3] �I �w FILED IN THE ESSEX DISTRICT REGISTRY OF DEEDS AS PLAN N0. 5465, ON APRIL 29, 1966. JOAN RIVERA _ w N 23.5' m 8K. 3037, PG. 49 & SANDRA J. HARNIACH sol o P " LOT 1 PER REF. 3 BK. 3899 PG. 275 w �; i- 6. MAP ENTITLED SUBDIVISION PLAN OF LAND IN ANDOVER, MASSACHUSETTS, PREPARED FOR / �,r # ) 4.0' m 1 STORY R o,��j ?9�•" [LOIT 2A PER REF. #31 FRAME �M w MARRIOTT SENIOR LIVING SERVICES" PREPARED BY VANASSE HANGEN BRU FRA1dE -IRON PIPE I0 z GARAGE Z STUN, INC., �9s�� / � ti� �9 SHED FOUND CONSULTING ENGINEERS & PLANNERS, DATED: SEPTEMBER 25, 1997, FILED IN THE ESSEX 46k4 DISTRICT NORTH REGISTRY OF DEEDS AS PLAN NO. 13322, ON SEPTEMBER 24, 1998. 7I za1' ~� !�� FRAME RwELUNG �� I I 1 STORY i STORY 7. MAP ENTITLED "THE COMMONWEALTH OF MASSACHUSETTS, PLAN OF ROAD IN THE TOWN OF I p NORTH ANDOVER, ESSEX COUNTY, ALTERED AND LAID OUT AS A STATE HIGHWAY BY THE � �78� o� � FRAME STORY FRAME D�ll<LL1NG FRAME DWELLING / R-, 5.00' s z � so2 #814 DEPARTMENT OF HIGHWAYS LAYOUT N0, 7984 128°49'S5 sz.z'--_ ____I r'• _.. o / =78.70' o xCD CHB-N88°55'3 "E CP I I a j � CHD=83. 14' Z � � M STONE BOUND FOUND •� - 1 ,63 ,. _ 1.$4,82 - -- 12�,OQ' -- �, 0 U Z L...,,.,_..-.,. _ . 125.Q0' - - 12 . 5 00'A_ N24°30'40"E o� 7.66 PARCEL 7- 1 -T 6J8.37' oZN PER REF. #7 R=38.00' GRANITE CURB w�` 0=128'49'55" 2.08' 1 �0� EDGE OF PAVEMENT rrzo CHB=N4' WAVE 1L Y ROAD EDGE OF PAVEMENT z� CHB=N88'55'38"E z � 0 _ CHD=68.55' a TOWN LINE PER �wZ (F.K.,A. RAILROAD AVENUE) REFS, 2, 3, & 4 (PUBLIC - COUNTY LAYOUT 1977 - 66' WIDE) EDGE 06 PAVEMENT p '� V GRANITE CURB RAN1T- > �xz 00 Jo� TQV-YN OF NFTI1 A.NI �VIiR 2 ��RE�VISE �TOPNN COMMENTSTO F LAWREN _. _. 1 OPOSED TAKING JP JD8 4 18 06 I ~w J.D,3, J.D.B. 4-7-j6 z No DESCRIPTION OF REVISION ---.. DRAWN: APPROVED; DATE _ _ ZI-i MAP 2 MAP 2 FIELD A T_ .. D Lj LOT 1A THIS IS TO CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN CONFORMIT 5-16-05 FLAN OF LAND IN NOr1,T AND a� N/FLLANDS OF I N/F LANDS OF WITH RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE OVER tij�~ I MASSACHUSETTS ' t�� SYSTEM CAPITAL REAL PROPERTY CORP. JEFFERSON AT DEN ROCK LP COMMONWEALTH OF MASSACHUSETTS, NO NEW RI OF WAY LINES ARE 1-z BEING CREATED BY THIS PLAN AND THE RIGHT WAY INES SHOWN ARE FIELD BOOK No. �o 05-14 oo AS SLANXISTING AND ARE NOWT HANGED OR LITE NJ,.' Y WAY BY THIS PREPARED FOR: RICE NORTH ANDOVER, LLC Cyt +'`c FIELD 900-K PG: 54 JACONNET STREET Q=Z V' GRAPHIC SCALE ��~ 41-46 NEWTON, MA 02461 or �D � I c � ' I- 0 o S 30 oD so Lj- ES OSSED W �Rnwrr. zDQ NOTA VALI 0 G INAI, D �t - _LjZ w. �f oz� _ . . .� _. AIS. ... ESEAL J.P. I Assoc�O�.E NT S, I N C . Joo ( IN FEET 4-18-06 REVEWEo: 35 TECHNOLOGY DRIVE,1 ST FLOOR NEW BRITAIN CORPORATE CENTER O z o WARREN,NJ 07059 1600 MANOR DRIVE, SUITE 120 i inch 30 ft. S A DATE 948668.0099 - 908.b68.9S95FAX ►J j CHALFONT, PA 18914 Z u a 21 ,712, . . - �1 7129§02. FAX �'a _ °'. 8� Ott W, H. Mill • APPROVED; DATE _ SCALE FILE NO. DWG. N0. 0� MASSA SETTS PROFESSIONAL LAND SURVEYOR #40762 Q.D.B. 2-16-C6 SCALE 0L 5130ANR 1 OF