HomeMy WebLinkAboutLegal Document - 1211 OSGOOD STREET 8/11/2004 iu
' al Ker Healey Daniel A.Graba �S Jodi Goggliano
dirt Romney tY Secretary _.n , ., Xo rmhs�ioiier
AFHIGA
GOVBrA Lt.Governor
PERMIT - NORTH ANDOVER
Access NORTH
Pertijifir'd \1 4
Subject to all the terms, conditions, and restrictions printed or written below,permission
is hereby grwited to FRANKTF.RRANO'VA to enter upon the State Highway known as
ROUTE 125 (OSGOOD STREET)for the purpose of constructing a right turn entrance
only driveway approach between stations 31+35 and 31+57 at the easterly location line
and flaring to stations 31+04 and 31+47 at the edge of roadway and a right turn exit only
driveway approach between stations 33+75 and 33+96 at the easterly location line and
flaring to stations 33+85 and 34-1-27 at the edge of roadway. Grantee shall 1150 close with
vertical gracii,te curbing a driveway between stations 31+55 and 32-1-79. All as shun~%on
the plans s > ainitted and attached by Merrimack Engineering Services entitled "Site Plan,
Retail Facility,Located in,North Andover,Massachusetts,Applicant'and Developer,F.'K.
Realty Trust, 1211 Osgood Street" dated September 3, 2003 with a revised date of July 16,
2004.
WORK HO t 1 RS: 9:00 A.M.thru 3:00 P.M. Monday thru Friday.
The drive/drives shall be surfaced with Bituminous Concrete, Type I and shall be
comprised of a 3" Class I Bituminous Concrete Base Course and two (2) 1 1/2" courses of
Class I Bituminous Concrete Pavement for a total depth of 6" with a foundation of at least
6" of compacted gravel. The finished surface shall butt into and not overlap the existing
highway gr4ade at the road edge.
The drive/drives shall be graded so that no water shall enter the State Highway layout nor
pond or collect thereon, including the roadway.
The curb sli all be placed in conjunction with or immediately before the completion of the
drivewa}- surfacing.
Bituminous Foncrete removed from within the proposed driveway limits shall be disposed
of outside the State Highway location lines.
The Grantee shall install granite curbing outlining the limits of the driveway approaches.
The part of the drive/drives located within the limits of the State Highway shall be
maintained by the Grantee, at his awn expense and to the satisfaction of the District
Highway Director or his Lepresentatiye.
notification.
The Grantee shall make contact with the Area Contract Specialist III via Pager (7:30 AM
to 4:00 PM Monday through Friday ONLY) pager Number(781)387-0255, forty-eigbt
hours prior to the start of work.
A copy of this hermit must be on the job site at all times for inspection. Failure to have
this permit available will result in suspension of the rights granted by this permit.
The Completion of'Work)Form shall be sent to the Grantor via certified mail as soon as
possible after Che completion of the physical work.
The Grantee,.s allmot en.gage.in any wort: under benefit of this Permit until a
MassF)Iighrrya [ uiarTraveler ALERT form(attached) is filed with the.district Permit
Section two (2)4"o iring days prior to the start of work.
Provisions shall be made for the saiety and protection of Pedestrian Traffic during the
construction period.
It shall be the responsibility of the Grantee to provide access to the property of residents and
business owners during progress of the proposed work.
The Grantee shall exercise this permit subject to all the rules and regulations made from time to
time by the said Massachusetts Highway Department. Nothing in the permit shall be construed
as autho6zing any installation or maintenance thereof except in strict conformity with all
Federal, State at-id Municipal laws,ordinances and regulations.
The work will he performed as per plans on file at the Massachusetts Highway Department
District Four Pc.cmits Oftce.
The Grantee shall notify Dig-Safe at 1-888-344-7233 at least 72 hours prior to the start of work
for the-purpose of identifying the location of underground utilities.
Dig-Safe# `C'o be obtained prior to the commencement of work.
Hand digging shall be required around the roots of trees.
No trees shall bi: cut or removed under this permit.
All work shall be in compliance with the 1988 Edition of the "Massachusetts Highway
Depa tment Standard Specifications for Highways and Bridges", and Supplemental
Specifications Dated December 11, 2002.
Page 2 of 6
-- r ni. rvu. �ru000-++c rtUy. lU' GIOU'4 1J4.1VJY'I`I f-'�
No equil)=Ilt, treks, etc, shall occupy any part of the traveled way except between the hours
of 9:00 A.-M. and 3:00 P.M.
No work shall be done under the terms of this permit on Saturdays, Sundays or Holidays.
No work will be performed on the day before or the day after a long weekend which involves a
holiday on ar,,y highway, roadway or property under the control of the Massachusetts Highway
Department or in areas where the work would adversely impact the normal flow of traffic on the
State Highway System, without permission of the District Highway Director or his
Representati
Uniformed Police Officers shall be in attendance at all times while work is being done under
,_..
` All personnel who are working on the traveled way or breakdown lanes shall wear safety vests
and hard hats.
The fumishimi and erecting of all required signs and traffic safety devices steal l be the
responsibility of the Grantee.
All signs and devices shall conform to the 2000 edition of the Manual on Uniform Traffic
Control Devices(MUTCD) with the Commonwealth of Massachusetts Amendments.
Cones and noli-reflecting warning devices shall not be left in operating position on the highway
when the daytime operations have ceased. If it becomes necessary for this Department to
remove any construction waming devices or their appurtenances from the project due to
negligence by the Grantee all costs for this work will be charged to the Grantee.
Flashing arrow boards will be used at all times when operations occupy the roadway and shall
be available for use at all times.
All warning 0eld6es shall be subject to removal,replacement and repositioning by the Grantee
as often as deemed necessary by the Engineer.
Free flow of traffic shall be maintained at all times.
At any time during the operation when a traffic delay of over twelve(12) minutes occtu-s and
the situation is worserting, the Grantee will begin to suspend operations.
Two way traffic shall be maintained at all times.
When in the op inion of the Engineer, this operation constitutes a hazard to traffic in any area,
Page 3 of 6
i I�Wi i I I rF'�% YU. 7(GbGG''-14G i HI1 y. 1'U GL�1U4 ✓J`-1.1Jf I'I Y'1
operations
during certain hours and to remove his
the Grantee may be required to P
equipment fron'i the roadway.
care shall be ex�:rcised so as not to disturb any etcisting State Highway Traffic Duct Systems or
any underground structures that exist. if said system ldisturbed,affilines shlall be restored to their
immediately to its original condition. Also any damaged
original condition. All expenses for restoring conditions shall be charged to the Grantee.
The Grantee will be responsible for any damage caused by his operation to curbing, structures,
roadway, etc.
The Grantee sl-Icill be responsible for any ponding of water Which may develop within the State
Highway.Layo ut,caused by this work.
When a snow or ice condition exists during the progress of this work, the Grantee shall keep the
' highway well sanded to a point not less than two hundred (200) feet beyond the limits of the
barriers and si;�ns.
No work shall be authorized during snow, sleet, or ice storms and subsequent snow removal
operations.
No bituminous concrete shall be installed between November 150 and April 15th.
The highway surface shall be kept clean of debris at all times and shall be thoroughly cleaned at
the completion of this permit.
At the completion of this permit, all disturbed areas shall be restored to a condition equal or
similar to that which existed prior to the work.
All utility coinpanies whose services are located within or adjacent to the proposed installation
areas shall be notified in writing of the proposed installation at least 48 hours prior to the start
of any excavation in said areas. This is independent of the required dig safe notification.
Any grass areas disturbed within the State Highway Layout skull be graded, loaned to a depth
of 4" and seeded.
Tf the existing guardrail is removed or damaged it shall be reset or replaced to Massachusetts
Highway Standards. This work shall be.performed by an approved contractor.
It shall be the responsibility of the Grantee to replace all pavement markings which have been
eis,inrhedby Lhis permit. These pavement markings shall be restored within ten(10) days after
�.n.;,. .v.-.e•�• ie i..w•f}w�•.nA .-.r oo Aoewo.i ...a..o.+n..�..I—N....T:..��:..�
Any bound marked MHB shall not be removed or disturbed. If it becomes necessary to remove
Surveyor to e)"'. ' _ _" "J"' �"114111 "Al U 'I LUI eLl ri-wessional Land
perform this work. It shall be the responsibility oi*this land surveyor to submit to
this office a statement in writing and a plan containing his stamp and signature showing that
said work has boon performed.
Grantee assumos all risk associated with any environmental condition within the subject
property and shall be solely responsible for all costs associated with evaluating, assessing, and
remediating, in accordance with all applicable laws, any environmental contamination (1)
discovered durliig Grantee's work or activities under this permit to the extent such evaluation,
assessment or rtmediation is required for Grantee's work, or(2) resulting from Grantee's work
or activities Uder this permit. Grantee shall notify Grantor of any such assessment and
remediation activities.
This permit is issued with the stipulatio'n that it may be modified or revoked at an.y time at the
discretion of tbi., District Fou' r Highway Director or his representative without rendering said
Department or the Commonwealth of Massachusctts liable in any way.
The Grantee shall Indemnify and save harmless the Commonwealth and its Highway
Department against all suits, claims or liability of every name and nature arising at any time out
of or in consequence Of the acts of the Grantee in the performance of the work covered by this
permit and Or f"Lilure to comply with terms and conditions of the permit whether by themselves
or their employ,-,es or subcontractors.
REPRESENTATIVE: James D'Angelo
TELEPHONE :'sIMBER: (978)794-1792
T.,
No work shall be done under this permit until the Grantee has communicated with "d
received instructions from the District Highway Director of the Massachusetts Highway
Department at 519 Appleton Street,Arlington, Ma. 02476-7009.
„f..V%Iatarl Qh%II hove been completed
fhe permit silN41 1/e •o,CI UnIeSS Lne WO)CR Ilea k:ljU 4;U1k LGUrj'4"k,4 A 004-4 ...I
before August 6,2005.
Dated at Arlington this 6th day of August, 2004.
Massachusetts Highway Department,
By
6'
Steph n T. O'Donnell
District Highway Director
MJF/mjf