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Building Permit # 6/7/2016
����� LIDDING PERMIT �� TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINAT N - Permit loo Date Received aQRArgo .�� � ' �SsRiCB-4U5�'C Date Issued: IRPORTANT: Applicant must complete all items on this page .y LOCATION ,� i A 6 A 2 Z-2 i Print PROPERTY OWNER Z,,1, 4. i -: LL_ *qr'?1q0 Print 100 Year Structure yes MAP " PARCEL: BONING DISTRICT: Historic District yes Machine Shop Village yes fro' TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑ Addition ❑ Two or more family Industrial 1 Alteration No. of units: ❑ Commercial E ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other 1 �,- r�,,, ,, �,,i,i,,i, /l , ,ll �, ,, �,�,, ,, „�, ,,, ❑..,Waters .ed,District ,,, „ , OO laln ❑ i , ❑! �i l/�/ ,,.. / i. / .,i i� ,.rr<� i .its,, � i ,. PER DESCRIPTION OF WORK TO BE y PERFORMED: Identification , en i ication- Please Type or Print Cleanly OWNER: Name: Kry Phone: q Address: Contracto Name: �., Phone: .291 Email; r P,J I� Address: g j. Supervisor's Construction License , Exp. Date: 2_ i Home Improvement License: Exp_ Date: ARCHITECT/ENGINEER Phone: _ Address: Regv,.No.. FEE SCHEDULE:BULDING PERMIT:$92.00 PER$9000.00 OF THE TOTAL ESTIMATED"COST BASEDt ON$925.00 P R S.F. Total Project Cost: $ FEE: $ Check No.: � Receipt Igo.:, NOTE: Personn seting w' i rare ° to l contractors do not hav-e?acces. 4o the guara Zty fund _ . " u Plans Submitted 0_ Plans Waived ❑ Certified Plot Plan El Stamped Plans El TYPE OF SEWERAGE DISPOSAL Public Sewer El Tanning/Massage/Body Art F1 Swimming Pools L1 Well 11 Tobacco Sales 11 Food Packaging/Sales El Private(septic tank,etc. El Permanent Dumpster on Site F1 THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DEVELOPMENT Reviewed On Signature_ � v COMMENTS 'j ks'\ ke /1 4 COMMENTS JC 71 HEALTH Reviewed on Si qnature COMMENTS Zoning Board of Appeals: Variance, Petition No: -Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/ Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE,'DEPART MENT'- Temp, Dumpster on site yes Located.at 124 Mairi,St�eet no 't Fieri D& a ft' 'ni,sig' natureJda P... Me 41 COMMENTS �01�7'Py Town of' 1Andover �. Aft No. _ Z Z!!� A ver, Mass, coc«1c"1Wicx 1. X9,9 °RATED I'f S U BOARD OF HEALTH Food/Kitchen PI: RMIT 1�1� LD Septic System THIS CERTIFIES THAT ,,,,,,,,,,, ,,,,, ,,,,,,,,, BUILDING INSPECTOR .....Z.fdW............... .. .. .. ........ .......... .... ........ W has permission to erect . buildings on ow � Foundation . ......................... .. ... ......... Rough H ft to be occupied as . ...t.. ..... ...... .. ... . .. ..... ... .. � ..... ...... � +�..... ° Chimney provided that the person accepting this permit shall in ev ry respect conform to the terms of the applica Ion Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR TARTSUNLESS CONSTRUCTION Rough Service .............. ...... .. . .................... Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required t® Occupy Building Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing r Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approvedthe Building Inspector. Burner Street No. Smoke Det. Initial Construction Control Document = Y To be submitted with the building permit application by a 4 Registered Design Professional for work per the 8"'edition of the ,Q• Massachusetts State Building Code,780 CMR, Section 107.6.2 Project Title: Roof Mounted PV Arrays Date: 5/27/2016 Property Address: 1600 Osgood Street,North Andover,MA 01845 Project: Check(x)one or both as applicable: (X)New construction (X)Existing Construction Project description: Installation of ballasted PV arrays on the existing flat roofs I,Colin J.Gallagher,MA Registration Number: 39114 Expiration date:06/30/2014 ,am a registered design professional, and hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning': ( )Entire Project ( } Architectural (X) Structural ( ) Mechanical ( )Fire Protection ( ) Electrical ( ) Other: for the above named project and that such plans,computations and specifications meet the applicable provisions of the Massachusetts State Building Code,(780 CMR),and accepted engineering practices for the proposed project. I understand and agree that I(or my designee)shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to: 1. Review,for conformance to this code and the design concept,shop drawings,samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Perform the duties for registered design professionals in 780 CMR Chapter 17,as applicable. 3. Be present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work is being performed in a manner consistent with the approved construction documents and this code. When required by the building official, I shall submit field/progress reports(see item 3.)together with pertinent comments, in a form acceptable to the building official. Upon completion of the work, I shall submit to the building official a `Final Construction Control Document'. Enter in the space to the right a"wet"or y�4. 9� electronic signature and seal: o'' co �, �GJ, GALLRGNER CIVIL. No.39114 O � Phone number: (978)774-1884 Ext 102 Email: cjgallagher@bmcengineers.com �oF FQisYti�� �� s NAL Building Official Use Only Building Official Name: Permit No.: Date: Note 1.Indicate with an 'x'project design plans,computations and specifications that you prepared or directly supervised.If'other'is chosen, provide a description. Schedule of Values 0.4 Vendor Work Description Rooftop 2.4MW Meridian Associates Civil Engineering BMC Engineering Structural Engineering NeoVirtus Engineering Solar Electrical Engineering Vanderweil Engineering Substation Engineering TBD Mechanical Engineering (HVAC) Smith and Wessel Asbestos Testing Hyundai Solar Modules $ 1,464,000 PanelClaw Mounting System $ 259,200 Solar Edge Inverters $ 259,200 Ballast Block TBD Ballast Block $ 24,000 Other Electrical Direct Transformers and Switchgear $ 40,000 Tecta Roofing Roofing and logistics $ 1,511,810 Tecta Roofing Misc Roofing items $ 50,000 Busby Construction Demo,site work, paving TBD Stormwater WCUs Busby Construction Fence Busby Construction NETTS Partition Northeast Remediation Asbestos Removal Mechanical Rooftop Rooftop Equipment Move $ 100,000 Rooftop Demo Rooftop Equipment Demo $ 50,000 Platinum Services-Tecta Low voltage eletrical work-Roof $ 960,000 Other Electrical Services Low voltage eletrical work-Ground 3C Electrical High voltage electrical work $ 576,000 MISC $ 40,000 ToNA Permit Fees Permit Fees National Grid Fees Interconnection Upgrade 20000 7 Total $ 5,354,210 8 7 6 5 4 1 3 2 1 1 SITE DESIGN CRITERIA POLAR BEAR FR GEN 11110- BUILDINGCODE ASCE7-05 PROJECT DETAIL OCCUPANCY CATEGORY If MODULE TYPE Jmko JKM30SP-72 -OF 'it ' -- WIND SPEED(MPH) 110 MODULE DIMENSIONS{IN.) 39.06 X 77.01 X L57 and ._ _ D O WIND EXPOSURE CATEGORY B NUMBER OF MODULES 5078 D - GROUND SNOW(PSF) 55 MODULE WATTAGE(W STC) 305 SEISMIC DESIGN CATEGORY C SYSTEM SIZE(KW STC) 1548-8 w(!° .❑ SYSTEM WEIGHT(LB) 674970 SYSTEM AREA(SQ FT.) 165275 1 ,i t,OF SFT t',,c, _ O NUMBER Of ARRAYS 24 ARRAY TILT(DEG) 119 l J` GENERAL NOTES: PROJECT PART QUANTITIES 1. ALL SITE,PROJECT,AND BUILDING DETAILS ARE PROVIDED BY CUSTOMER ITEM PART NUMBER QTY ;0 OR GENERATED VIA SATELLITE IMAGERY FROM INFORMATION PROVIDED o= BY CUSTOMER.PANELCLAW IS NOT RESPONSIBLE FOR SITE INACCURACIES NORTH SUPPORT 500018401 872 THAT COULD LEAD TO CHANGES TO THESE DRAWING DETAILS AND ARRAY am.aPm,sro,woarH.xo DCG,Pac J4 LAYOUT CONFIGURATIONS.ALL INFORMATION CONTAINED WITHIN THESE STANDARD SUPPORT 500018301 9284 _ DOCUMENTS ARE TO BE FIELD VERIFIED BY CUSTOMER AND INSTALLER. ,war srD rmw,io caG,Pa3 - ANY CHANGES OR MODIFICATIONS TO THESE DOCUMENTS,CONTAINED c - - INFORMATION,OR FINAL ARRAY AND MOUNTING SYSTEM INSTALLATIONS SOUTH SUPPORT 5000185 872 C o a a O J® MUST BE SUBMITTED TO PANELCLAW AND OTHER PROJECT AUTHORITIES „ssx,— rH.— of a FOR APPROVAL. 2.REFER TO AND FOLLOW THE APPROPRIATE PANELCLAW INSTALLATION CLAW 200045006 20312 p} p - MANUALS AND PROCEDURES DURING THE INSTALLATION PROCESS.NOT v4o,ana,PB3 FOLLOWING SUCH PROCEDURES AND METHODS COULD RESULT IN LONG BALLAST TRAY-SHARED 200042003 4706 to ODAMAGE TO THE COMPONENTS OR MAY VOID THE PRODUCT WARRANTY. anunarranx.LDwG,Gsosr,wu,caa noD �o:p= 3. ARRAY SETBACKS:ALL ARRAYS ARE REQUIRED TO BE SETBACK 3-FEET FROM - _ ALL ROOF EDGES UNLESS OTHERWISE SPECIFIED AND CALLED OUT ON THE LONG BALLAST TRAY-SINGLE 200042003 70 ARRAY DIAGRAMS ON THIS PAGE OR ON ADDITIONALARRAY BALLAST uncrraar,wrvc,csor,eau,na iao !a I PAGES. 4.REFER TO THE SPECIFIC ARRAY BALLAST SHEETS FOR BALLASTING SHORT BALLAST TRAY 200042103 1514 o REQUIREMENTS BASED ON THE PROVIDED SITE INFORMATION. ussE ,secar,Ga4sr,NU,—!DD S. SYSTEM PSF INCLUDES ALL PANELCLAW RACKING COMPONENTS, HARDWARE-CLAW 500015802 204 ''VIII MECHANICAL ATTACHMENTS(IF APPLICABLE),PV MODULE AND BALLAST �.ssaR u,-,oxs.nLasnG-:axo.sL.w<ss uoor DzcH ooLrsnur„PE} BLOCKS. _ 6. NOT FOR CONSTRUCTION.FOR PLANNING PURPOSES ONLY. BOLT KIT-BALLAST TRAY 5000159 49 HIX,FIG,SEary 1(a x9 x c.s4 nna5a 11DC BDLTs} ❑_ B Eo _7 - NUT KIT-BALLAST TRAY 5000189 206 HIX,wG.seaH,u<-xa. ss n�Hors} D o oa ❑' - 0 I "' MECHANICAL ATTACHMENT TBD 353 DMG PoWEaGNP PLUS - - CONCRETE MASONRY UNIT 32.6 9310 awcx,cowcaETE,axa las-a•x s•z2s"NDM:NAL onmwEawPwED a � @ALWTtAYOUT xH GSa(nsba x MrE A Pam panel AWA PANELClAW,243 t_i_I:d`:•1'P i aeo ow000:r w xc Lr wDa xnwDD a.M a e A s� POWEROWNERS ARRAY SITE MAP SCALE:NTS AERIAL PHOTO J SITE DIAGRAM OSG 167` MOODSOLAR -" 1600 OSGOOD ST NORTH ANDOVER,MA 61845 NTs o B OF4 8 7 6 5 11L 4 3 #�2 1 8 1 7 1 6 5 4 1 3 2 1 TYPICAL BALLAST QUANTITY TYPICAL BALLAST INSTALLATION TYPICAL BALLAST INSTALLATION TYPICAL BALLAST INSTALLATION CROSS SECTION VIEW MAP CONFIGURATIONS ON WEST ARRAY EDGE ON EAST ARRAY EDGE AT ALL ARRAY LOCATIONS NORTH - SUPPORT(TYP) D BALLA„' D TRAv(TVP? f--- ---------- ---R f--- ---------- ---1 f--- ---------” -"-1 5--.. t3ALlA5r rRAv('rvP) 1 IJNDFR I I I Imo` MODULE: I 1 I I 1 I BALLAST I I I I 1 I r'%- MOOUIC(TYF) TRIA (TVP) I I TYPICAL BALLAST QUANTITY TYPICAL BALLAST INSTALLATION MAP CONFIGURATIONS AT ALL ARRAY LOCATION %IHORT AT ENDS OF MODULE ROWS C LONG TRA FOR SINGLENING T WO AND FOP A SINGLE I 1 BALLAST TRAY 2 I I I 1 i i I 1 �i I I IL--.- ---------- ---J O 3 NOP.TH STANDARD SOUTH '" UPPORT SUPI'ORT SUPPORT Br--- ---------- ---I B 1 I � / 3 I I 1--ii I 1 1 4 NORTH SUPPORT NORTH SUPPORT STANDARDSUPPORT STANDARD SUPPORT SOUTH SUPPORT DOUBLE CAPACITY STANDARD SPACING OPTIONAL REDUCED ROW SPACING r--- --------------i COMPONENT IDENTIFICATIONS SCALE:NTS eAUAsruraur me ]ayaiosim i I P cHEa onTE A 4 N pane' yR R PANEL CU W,INC.A aaTMw000vixsmnaieas 1 I T w a�® TEL 9>0,689.49W 1 I v far:n]B.cae.sioo I I www.ponelnow.mm L--- ---------- ---J ww.uD�a. POWEROWNERS 167' 059001)SOLAR 16000SGOODST NORTH ANDOVER MA 01845 NS 0 B 2OF4 8 7 6 5 4 3 1 ��21 1 8 7 6 5 4 3 2 1 ARRAY DIMENSIONS UNITS mm IN — PL 1956 77.01 PW 992 39.06 PT 40 1.57 D I PH 942 37.09 D PL A 1981 78.01 8 1526 60.09 C 352 13.85 D 556 21.88 E 357 14.06 F 968 38.11 PFI G 153 6.03 H 947 37.30 J 204 8.04 K 84 3.30 L 1121 44.15 M 971 38.22 Q 860 33.86 R 548 21.57 S 579 22.80 C T 199 7.84 W 263 10.35 (DE 9G) 11.9 11.9 D.1) 2.72 2.72 i MODULE BACK VIEW § SCALE:NTS I I /a B 0 Us oN g CEM ER ARRAY TOP VIEW SCALE:NTS 8 hr JN CENTER D sAEwsruxour xFc x°1A/os/w LE IL ow hIOS O.0 A IV pane x `poE o�;s A 140°AxTEL 9)0.689.4900 I� rL .pxo 4 1aMr w e°m K �-- ---•—I j I s N (D POWEROWNERS 167' OSGOODSOLAR ARRAY CROSS SECTION SCALE:NTS 160005GOOD ST NORTH ANDOVER,MA 01845 r�Ts o e Sora 8 7 6 5 4 3 2n� 1 8 7 6 1 5 4 1 3 2 1 1 LONG LONG TRAY SYSTEM WEIGHT APPLIED TOTAL ROOF PARAPET ROOF ROOF #MIDDLE #NORTH #SOUTH TRAY SINGLE SHORT WITHOUT BALLAST WEIGHT HEIGHT HEIGHT TILT BUILD ARRAY# #MODULES SUPPORTS SUPPORTS SUPPORTS SHARED MODULE TRAY MA AREA(SQFT) BALLAST BALLAST(LBS) WEIGHT(LBS) (LBS) PSF (FT) (FT) (DEG) TYPE D 1 134 218 50 50 126 6 54 14 4360 196 9953 6390 16343 3.75 45 3 0 Asphalt D 2 80 130 30 30 78 3 28 13 2603 116 5958 3782 9739 3.74 45 3 0 Asphalt 3 487 906 68 68 460 0 122 37 15851 733 35539 23896 59435 3.75 45 3 0 Asphalt 4 196 358 34 34 175 3 70 17 6379 292 14340 9519 23859 3.74 45 3 0 Asphalt 5 1 161 310 12 12 135 1 1 62 12 5241 243 11687 7922 19609 3.74 45 3 0 Asphalt 6 493 928 58 58 458 0 128 38 16047 740 35920 24124 60044 3.74 45 3 0 Asphalt 7 206 370 42 42 195 5 92 20 6705 302 15281 9845 25126 3.75 45 3 0 Asphalt 8 95 180 10 10 71 6 46 13 3092 142 6927 4629 11556 3.74 45 3 0 Asphalt 9 486 904 68 68 462 4 108 37 15818 731 35471 23831 59301 3.75 45 3 0 Asphalt 10 195 334 56 56 183 1 78 18 6346 287 14387 9356 23743 3.74 45 3 0 Asphalt 11 130 234 26 26 104 8 1 62 10 4231 192 9522 6259 15781 3.73 45 3 0 Asphalt C 12 311 588 34 34 300 0 56 0 10123 807 22579 26308 48888 4.83 45 3 0 Asphalt C 13 235 430 40 40 228 2 50 0 7649 649 17137 21157 38294 5.01 45 3 0 Asphalt 14 217 400 34 34 205 2 54 0 7063 618 15806 20147 35953 5.09 45 3 0 Asphalt SS 110 196 24 24 107 1 28 0 3580 351 8049 11443 19491 S.44 45 3 0 Asphalt 16 234 430 38 38 226 4 46 0 7616 653 17055 21288 1 38343 5.03 45 3 0 Asphalt 17 227 428 26 26 220 0 40 0 7389 605 16487 19723 36210 4.90 45 3 0 Asphalt 18 266 492 40 40 248 2 72 0 8658 765 19365 24939 44304 5.12 45 3 0 Asphalt 19 127 234 20 20 122 1 28 0 4134 386 9252 12584 21836 5.28 45 3 0 Asphalt 20 226 404 48 48 210 1 78 36 7355 166 16632 5412 22044 3.00 45 3 0 Asphalt 21 253 444 62 62 237 6 82 40 8234 185 18664 6031 24695 3.00 45 3 0 Asphalt 22 38 58 18 18 25 11 22 19 1236 25 2886 815 3701 2.99 45 3 0 Asphalt B 23 134 1 240 28 28 106 3 78 22 4361 99 9853 3227 13081 3.00 45 3 0 Asphalt B 24 37 68 6 6 25 0 30 7 1204 27 2712 880 3592 2.98 45 3 0 Asphalt BALLAST TRAY LEG END F TRAVARRowsanr SHORT TRAY LONG TRAY SPANNING LONG TRAY SPANNING AT END OF ROWS TWO MODULES SINGLE MODULE BALLASflA M KH I RFC IMarys/OR REv OESrnI N PREP A N pane' FANEl4AW,INC.A 3600054000Sr.SURE3033 ® rncPAau Nm C �W®NORM ANDOVER.MAOlRAS fA%`9le 644 5300 anelcWw.com POWEROWNERS 167' MOOD SOLAR _ 1600 OSGOOD ST NORTH ANDOVER MA 01845 N S 0 0 40F4 Polar Bear III 5 Degree Flat Roof Mounting System a Maximize Power Density The spacing between rows of modules is a critical design decision when it comes to system production. Polar Beare III offers multiple row-spacing options to optimize designs and maximize power density. The new Five Degree system inherits roof protection and accelerated construction features from the existing Polar Bear III platform and provides the best ground coverage ratio on the market, �i1 � a parr ffffff pan lclaw. Qm claw@ Polar Bear III pane ffffff 5 Degree Flat Roof Mounting System clawe Applications Flat roof(max slope 5') Fully ballasted or mechanically attached Module Tilt Angle 5* nominal Module Orientation Landscape Module Attachment Standard module mounting holes 2:1 3:1 Basic Wind Speed Shade Ratio Shade Ratio Up to 1.507 mph (>150 mph by Best Power Density Three Components approval) Polar Bear" III offers the best ground Support Wind Exposure coverage ratio on the market. The tight- * Universal, light-weight component Category row spacing option allows for maximum for quick and easy roof placement B and C(D by approval) roof capacity while the single module tilt @ Integrated recycled rubber roof Seismic up and walkway path facilitate system protection pads Compatibility maintenance. a Pre-drilled holes for wire C, D, E and F Most Trusted on the Roof management cabling options Row Spacing The engineered design emphasizes built- a Two row-spacing options to optimize 6.8"(2:1), 10.2" (3:1) in features to provide long-term roof ground coverage ratio Material Options protection: Ballast Tray G90 steel and • Mechanically secured rubber roof pads @ Locking end-tab to fully capture aluminum • Fully captured ballast blocks ballast blocks • Thermal compensation o Adjustable mounting location to fit all Warranty,Testing • System allows free water flow major module brands and Certifications Timesaving Project Accessories s Nested design to provide high 25 year warranty Speed up total project completion with packaging density UL 2703 certification accessories for wire management, micro- Claw Boundary layer wind inverter and solar optimizer attachment a Attachment to module using tunnel testing and shim pads to accommodate uneven standard module mounting holes Third-party areas of the roof. 9 UL 2703 certified for electrical bonding engineering review and grounding System Fire Rating Class A with Type 1 ME (9 78) 688.4900 1 saleoni s@panelclaw.c === Made in USA and Type 2 modules @ 2015 PanelClaw, Inc. NEW POLE MOUNTED OSGOOD SOLAR PV 5a POLE YOUNIED GANG METER PRO.10ED BY PROPOSED LOCATION FOR OSGOOD OPERATED LOAD BREAK SONM Po E waurtm anon PCC POLE YDUN ED CUSTOMER RmIDSER PROVIDED I OWNED 25W.L.00WUE MA W IHIEACONNELTON SWIRJI PROVIDED BY TTI'UTILITY CANG OPERATED LOAD BREAK UNDERGROUND 2JNV To GSGG FEEDER NDEREXTEND 2JKV TO OHk'XGGO FEEDER EXTEND 2JIN TO PHASE FEEDER NEW XX-XnorE ro M"CO I SII11D1•Pole wsTn w x s� PV ft i FEED FROM lmD OsceoD OSGOOD SOLAR(O SOLAR uwERamuNpD xro m° 0D soave ortHwsa°tr1 raszr%ro ADTGSTINc NYRID �~ • •1TIF J-t leLg vnOERCRwnO J-P vg uilDEaeRouno....- __... s7u•OTn ]'07'oeYl anon _ �WRCHON SERVING TIED OSGOOD � ,23W GO DUCrORS LOOP zJMF�teDuCTORs LOOP OSGOOD +++ F®FRDYSe am OSGOOD 25Nv uumree 25KV UGHTINe ,SOLAR w x s+sTLYI PV Sb ,.',soave w srstEOE SOLAR PV 5c'.. ARRESTOR ARRISIOR COOPER PADI10UNT 5wI1pWFAR A—+�A - -= 25KV,eaaA CONDUIT&WIRE SCHEDULE 2LSKw-oE:,�y OPfNA— NO.DESCRIPTION 1CONDUCTORS ICONDUIT O0�'I Mmw 1WAR1'�"`'• " "', "' A PRIMARY SERVICE J x Z 0 AL JACKETED UG EPR PRIMARY DISTRIBUTION CABLE14.1 C •^ _ YY vAwuM utlETaeuPRR 25KV,12.51U B INVERTER OUTPUT CIRCUIT Dx 500MCM THVVW2AL;4SETS 1PVC(4) _* � C GF REMOTE TRIP SIGNAL 21*18THHNTWSTEDP,URa H2GND 0M'wC D POTSUNE 12 PAIR TELEPHONE AERIAL CABLE w1MESSANGER IWA ne ry_RYA� L------ 1GT -"'-- - - �A i IDCAC I II iN DEVICE LEGEND 27 UNDERVOLT'AGE wvERTED t 1500NVA PAp1WM i i �P-- - „( 59 OVERVOL'IAGE WA SUNNY CENTRAL]SOCP-US 7 i- I UL 1741/IEEE 1547 LISTED TAANSFOflwfle 2JKV-E4N I 810/u OVER/UNDER FREQUENCY NOMINAL IMPEDANCE 69 so/s1 INSTANTANEOUS/rum UNG1e0UNDED WYE SECDNDVAY ' i OVERCURRENT Y p �A 59N GROUND OVERVOLTAGE D�CA ----,-1------J OSGOOD SOLAR PV 5a System Specifications COMPEER BOK WTI IN LEVIED. Rises e ��c TSA PER SIRING STRING LEVEL ARC FAULT Y"EIiiEA 2 i I I OF 8 PER N RMOJ SNUro00WH TYPICAL SMA SUNNY aa:I AL 7UsTaD$ OF a PET:INweTEA CAL na/aeE 1xT CASTED PV Modules JA JAP6 72-300/388 300W BHITEK RECOMBIN 1FAUL D GROUND I I I I I ttPIGlOFS FWLTLOF. L---L________________t__J I TYPICAL OF Two I � String Length 18 Module per String I 50gLVA PAdIOUNT i DC Rating at STC 2.4516MW TRANSPORM0 2EKV-2DOV I NOMINAL IMPEDANCE ax I 2 x SMA SUNNY CENTRAL 750CP-US&1 x 1AECRouNom WYE SECONOMY I Inverters SOOCP-US i DC A qL Y J i AC Rating 2MW I`1 U ;,l I T B INJ 1 91A SUNNY OEM CENTRAL US 1 °\ UL 1741nEEE 1547 USTIM LISTED I J7V�j I-GUARD TTo NO FAULT OEIECt10N L_________________________� mN'JL OF TWO N" V µ( Awn fBING AL MJCTRM Nta�Og9f A4 � OSGOOD SOLAR,LLC THIS DRAWING IS THE PROPERTY OF NEO VIRTUS ENGINEERING INC., DWG NO. oxlc 111 larolm NEO PRODUCED EXCLUSIVELY FOR OSGOOD SOLAR,LLC AND MUST NOT OSGOOD PV 5a BE USED,COPIED,OR REPRODUCED WITHOUT THEIR EXPRESSED 1600 OSGOOD STREET \/' `�S CONSENT.®COPYRIGHT NEO VIRTUS ENGINEERING,INC.,2015.SRE \/ (, DWC NAME E-1NORTH ANDOVER,MA 01845 - Engineering,inc. B OSGOOD SOLAR PV5 SYSTEM 1 05GOODSOUR PV5FOR UTIUWSUIMIS510N a 415 A MH LITTLETON,NIASSACHUSETTS SYSTEM OWNER:OSGOOD SOLAR.LLC 0SCA0ES—RPV5FORREVIEW 811-2015 JB MH SCALE:NONE DATE 8.11-2015 l'own of North Andover ZONING BOARD OF APPEALS Wwr t C1. %Iazi M, 0 0 2!J]J;3 SEP -s N' 2: Town Ck-rk'rinle Stally :7 Wilmi Weinreich '0" C�l ^ Ah.xand,iaA.facol).,;,Esquire . A 13 te 14-617 F"sZ30 10 2 4 3. 0- 5 CA 4---2 0 16 a 12 29P OSGOOD SOLAR, LLC This Is to mitly that twenty(20)days AGGREIVED PARTY have ejapsW frorn date of derision,filed vAdW gling of an appeal_ , � /_ 5 Date z�j,' k24, V Jayoe'Adshaw Twn Clark NORTH OVER BUILDING INSPECTOR DECISION PETITION 2015-003 I. INTRODUCTION: The North Andover Zoning Board of Appeals hereinafter("Board") finds in favor of Osgood Solar LLC, hereinafter the ("Aggrieved Party") as to five(5)requests for findings by and for Osgood Solar, LLC and overturns the Building Inspector's Determination dated on or about March 24, 2015 with respect to a proposed Solar Photovolic System as filed before the Planning Board pursuant to the North Andover Zoning Bylaw and MGL Ch. 40A and or MGL Ch 40R. Forthwith, the Building Inspector shall comport previous determinations made on or about March 24, 2015 with this Decision and its findings contained herein;the Board further instructs the Building Inspector to reasonably inform the Planning Board also known as the Plan Approva! Authority hereinafter("PPA")pursuant to section 17 of the North Andover Zoning Bylaw, of the MGL Ch 40A time standards for Plan Approval, with respect to the Aggrieved Party's Plat). Approval Process as stated within section 17 of the Osgood Overlay Smart Growth District also known as Osgod of the Zoning Bylaw and used interchangeably herein. The North Andover Board of Appeal's authority is pursuant to MGL Ch 40A and the North Andover Zoning Bylaw, and all applicable legal authority thereto. 11. PROCEDURAL HISTORY: The North Andover Board of Appeals held public hearings at the Town Hall, 120 Main-Street, North Andover,MA on Monday June 28, 2015 and Tuesday August 25, 2015 at 7:30 PM with pa respect to the Aggrieved Party's application of Osgood Solar, LLC for the prooertv1-o,-;-_A,-J1 at 1600 Osgood Str-.el.(Map 34 Parcel 17), located within the Business Opportunity Zone of the Osgood Smart(hrowth Overlay Zoning District also known as"Osgod"pursuant to sectioa r! of the Zoning Bylaw and also located within the underlying Industrial 2 Zoning District,North Tonna of North Andover ZONING BOARD OF APPEALS :Obert P. Nlan2i III.Esquire,Chairman Ellen P. tiichttyre,Vice-Chair U. Patti Koch,Ir.,Esquire F NoftTH q Dow,-Ludgin sa$0-%t, =o '6•'Hoi Allan Cuscia o _ Associate Members ° - 4 Deney.bforgarnthal �- a Nathan Weinreich Alexandria A.Jacobs, Esquire SSacwU Andover, MA 01845. Legal notices were sent to all the certified abutters provided by the Town of North Andover Assessor's Office, and were published in the Eagle-Tribune, a newspaper of general circulation in the Town of North Andover, June 9, and June 16th 2015. The public hearing opened on June 28, 2015 and closed on August 25,2015. The Board notes no abutters were present to be heard at the public hearing(s). Voting in favor of the Aggrieved Party's five (5) findings were: Albert P. Manzi III, Esquire, Allan Cuscia, Doug Ludgin,Nathan Weinreich. Voting against: D. Paul Koch Jr., Esquire. Present but not voting: Alexandria A. Jacobs, Esquire (Associate) III. BACKGROUND: The Aggrieved Party proposes to construct a Solar Photovoltaic System within the borders of its 169 acre+/-property within the Business Opportunity Zone of the Osgod Overlay District pursuant MGL ch 40R with respect to section 17 of the North Andover Zoning Bylaw know as "Osgod",the purpose of which is to"encourage smart growth in accordance with the purposes of G.L. ch 40W'as enumerated in sectionl7.1 of the Zoning Bylaw as adopted at the 2007 Town Meeting. The proposed Solar Photovoltaic System is also located within the underlying Industrial 2 Zoning District. The property is also located within the underlying Industrial 2 Zoning District that is regulated pursuant to section 4.133-1 lb of the North Andover Zoning Bylaw. At the 2010 Town Meeting a zoning change was adopted to include the use of solar and alternative energy uses on properties within the Industrial 2 District with respect to parcels being twenty (25) or more acres or 10 or more acres pursuant to a Special Permit by the Special Permit Granting Authority. The record evidence suggests that the Aggrieved Party's property is the only property in town known to the Board that comports with the aforementioned 2010 Town Meeting zoning change limiting solar and alternative energy uses to the Industrial 2 District both as to use and to dimensional size. The 169+/- acre property is located on the Northwesterly section of Town bordering Haverhill, boarded by route 125, interstate 495,with the MBTA Haverhill line crossing in proximity but with no train stop. The property's main structure is approximately 2 Million square feet with various adjacent structures. The main structure houses various tenants including the North Andover Community Development Office which in turn houses, the Planning, Building, Conservation, Health, and Zoning Departments for the Town of North Andover. Historically, the property formerly housed the former giant Western Electric Company and subsequent AT&T/Lucent Companies, and the property has housed industrial and commercial that served three Page 2 of 11 PETITION:2015-003 Town of North Andover ZONING BOARD OF APPEALS Albert P. %lanzi III,Esquire,Chairman Ellen P.'vleiatire.A ice-Chair D.Paul Koch Jr.,. issquire. F S10RT4 q Duu Ludgia � oL Allan Cuscia o v Associate Aletnbers ; -- Denc} 1lor-anthal Nathan Weiareich Alexandria A.Jacobs,Esquire �SSACHUSE� working shifts while under prior ownership. The property has been under new ownership since on or about 2007 and has been leased and fitted for tenants as part of a redevelopment plan. IV.APPLICATION TO THE PLANNING BOARD AKA PLAN APPROVAL AUTHORITY: On or about March 2015 the Aggrieved Party submitted a Solar Photovoltaic System plan to the Planning Board a/k/a The Plan Approval Authority("PPA")pursuant to and in accordance with Section 17 of the Osgood Overlay District of the Zoning Bylaw(Osgod) for the purpose of Plan Approval (which is akin to site plan approval) as an exempted and allowed use pursuant to MGL ch. 40A sec 3, and not for the purposes of the issuance of a Special Permit approval, which contemplates a higher standard of review for non exempt uses, but is notably allowed by Special Permit pursuant to section 4.133-1 lb. The Aggrieved Party proposed to the PPA to construct a 6 megawatt rooftop and parking canopy mounted Solar Photovoltaic System. The proposed system is to consist of 19,500 Solar Modules; approximately 5,500 rooftop mounted solar modules and approximately 14,000 modules mounted on structures approximately 39 feet wide comprised of approximately 21 rows,ranging between 150-630 feet long by right as an exempted use pursuant to MGL Ch. 40A sec 3. The PPA sought a determination of the Building Inspector who made findings,relied upon by the PPA, as to the proposed project with respect to use, site, manufacturing, and the choice of zoning by and between the 40R overlay district and the underlying zoning pursuant to MGL ch. 40A as articulated in a letter to the Planning Board dated on or about March 24, 2015. V. EVIDENCE SUBMITED: Prior to the close of the Public Hearing, the Board takes note of the oral arguments presented at the public hearing and documentary evidence thereto for consideration as listed in Exhibit "A" attached hereto and incorporated by reference herein and takes notice of Massachusetts General Law and applicable legal authorities. VI. DISCUSSION: a. DEVELOPER'S ZONING ELECTION: Section 17.2 Definitions of the Osgod Smart Growth Overlay zoning district sets forth forty-five (45) defined terms to be used in accordance with the application of section 17 as noted therein, "For the purposes of this Section 17.0,the following definitions shall apply." See Section 17.2 North Andover Zoning Bylaw Page 2. The Framers of section 17 of the Zoning Bylaw chose to use the term "shall"with respect to the Definitions thereby imposing a duty upon the Page 3 of]1 PETITION:2015-003 Town of North.Andover ZONING BOARD OF APPEALS Albert P. Manzi IIL Esquire,Chairman Ellen P.:Nlei rn-,re,Vice-Chair D.Paul Koch,Ir..Esquire f pOHrk 9 0 tttl£O e6 Doug Ludoin a •, � Allan Cuscia 0 Associate Members r i � Deney Mor,anthal Nathan NVeitrreich achuS���� Alexandria A.Jacobs,Esquire Definition's application and/or interpretation as to the meaning of a particular term within the forty-five defined terms. Pursuant to section 17.3.2 "The OSGOD is an overlay district superimposed on all underlying zoning districts. As required by the Enabling Laws, the regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full force, except for those sites undergoing development pursuant to this Section 17. Within the boundaries of the OSGOD, a developer may elect to either develop a site in accordance with the requirements of this Section 17, or to develop a site in accordance with the requirements of the regulations for use, dimension and all other provisions of the Zoning Bylaw governing the underlying zoning district(s)."I As stated therein,the Osgod overlay zoning is superimposed over the underlying zoning and the underlying zoning remains in full force and effect, and the developer: "may elect to either develop a site in accordance with the requirements of this Section 17, or to develop a site in accordance with the requirements of the regulations for use, dimension and all other provisions of the Zoning Bylaw governing the underlying zoning district(s)"2 The use of the word "mayi3 as oppose to "shall,4 with respect to a developer(s) election contained within section 17.1.2 is express so as not to impose an unreasonable "duty" upon the developer to make an express election with respect to the overlay district or the underlying zoning district in contemplation of a"site". Had the framers of sectionl7 intended for a developer(s) zoning district preference election to be final and/or irrevocable, the Zoning Bylaw or defined terms therein would have expressly stated so, or the term "site"would have been defined within section 17.2 Definitions. The Board finds "site" is not defined by section 17 for the purposes of the Osgood Smart Growth Overlay District or the Zoning Bylaw. Due to the nature and purpose of the Smart Growth Overlay District in contemplation of the underlying zoning which remains in full force and effect, it is reasonable to conclude the frarners of the Zoning Bylaw intended for a flexible permitting scheme within the context of the statutory 40R overlay zoning and did not intend to impose an unreasonable duty of zoning selection upon t Section 17.3.2 North Andover Zoning Bylaw. 2 Section 17.3.2 North Andover Zoning Bylaw 3 may,vb, 1.Is permitted to-Black's Law Dictionary 7`h Edition Bryan A.Garner Editor in Chief 4 shall,vb. 1.Has a duty to;more broadly,is required to—Black's Law Dictionary 7t'Edition Bryan A. Garner Editor in Chief Page 4 of 1. PETITION:2015-003 Town of North Andover ZONING BOARD OF APPEALS Albert N.lianzi Ill,Esquire,Chairman Ellen P.Vlclntyre,Vice-Chair 1?.Paul Koch Jr.,Esquireu¢ NORTF{a R , "' , do Doug Ludgin ? •, o� Allao n Cuscia « rt Associate Vlembers Dene Vlorgautha l :Nathan Weinreich �'c5 Alexandria A.Jacobs,Esquire SSACNUS a developer thereby irrevocably binding a developer as to their final selection. The framers chose the phrase "may elect"as opposed to "shall elect"within section 17.3.2. The Board fields that"site"remains undefined within section 17.2 Definitions. The Board finds and no creditable supportive evidence and or legal authority was submitted by the Building Inspector and or Community Development Director to support the Building Inspector's determination of March 24, 2015. The Board now relies on the definition of"site" as defined by Black's Law Dictionary 7t"Edition Bryan A. Garner Editor in Chief whereby"site"is define as: "1. A place or location; esp., a piece of property set aside for a specific use" . The Board is not persuaded by the position put forth by the Building Inspector and or Community Development Director that pursuant to section 17 a developer(s) is effectively irrevocably bound by a single zoning district selection in contemplation of a"site"for a building permit; The Board finds no creditable supportive evidence, or legal authority was submitted on record to support that position. The Board finds the evidence, or lack thereof, suggests that the PPA did not comport with the procedures set forth within section 17.13.2 Circulation to Other Boards, with respect to a single permitting under sect 17 by the developer as to the Act Theater application. The Board does not credit the unsupported argument presented by the Community Development Director in favor of the denial of an exempted use protected by MGL Ch 40A sec 3 and or the definition of Manufacturing as to Solar use.No evidence was submitted in support of reasonable regulation as to Solar by and for the Health Safety and Welfare of the Town within the Zoning Byalaw justifying the Building Inspector's finding. The Board credits, MGL Ch. 40A sec 9b, and MGL Ch. 184 sec 23C along with MGL Ch. 25A sec 3 and 10 with respect to Solar use and or Manufacturing. The Board credits the Aggrieved Party's persuasive argument that for the purposes of Section 17 of the Zoning Bylaw with respect to Overlay District applications for permits, a"site" (a term that is undefined by the Zoning Bylaw) is not defined to mean"Lot" (a term that is defined by the Zoning Bylaw), and further that the OSGOD Section of Zoning Bylaw contemplates multiple "Projects"on a Lot. We also credit the evidence submitted as to the number of building permits issued since 2007 with respect to the underlying Industrial 2 District for the property as compelling and persuasive to reach the finding herein. Section 17.13.3 states: The PAA shall hold a public hearing for which notice has been given as provided in Section 11 of G.L. Chapter 40A. The decision of the PAA shall be made, and a written notice of the decision filed with the Town Clerk, within 120 days of the receipt of the Page 5 o-.I I PETITION:2015-003 Town of North Andover ZONING BOARD OF APPEALS Merl P. Nfauzi III,Esquire,Chairman Ellen P. Niclotvre,Vice-Chair 1).Paul Koen Jr.,Esquire F NORTFf q Dougf_udgln �°.<`,`E k1lau Cuscia o .associate Members � .4�---,�--e � u Ueney:blorganthal '* � � v Nathau Weinreich Alexandria A.Jacobs,Esquire SSgeHusE application by the Town Clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA,with a copy of such agreement being filed in the office of the Town Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the application and site plan.5 Additionally the Plan Review process along with Plan Approval and or Disapproval are articulated with sections 17.14.2, 17.14.3,and 17.14.4 of the Zoning Bylaw law by and for the PPA to follow as to the Aggrieved Party's application to the PPA. The Board takes note the framers of Section 17 did in fact define the terms Project and Commercial Project, and therefore the Board makes no particular finding as to the Defined Term Project within sec 17, and sees no inconsistency with the use of the term Project in contemplation of the Aggrieved Party's requested findings. b. PLAN APPROVAL(aka SITE PLAN)v. SPECIAL PERMIT At issue for the Aggrieved Party is the determination as to whether or not Applicant has submitted its original application as a request for plan approval, which arises as a matter of common law principles, or as the Building Inspector concluded, as an application for a Special Permit, which has a more particular meaning and is to be issued in accordance with statutory laws, MGL Chapter 40A, Section 9. As a general matter Section 9 provides that "Zoning ordinances or bylaws shall provide for specific types of uses which shall only be permitted in specific districts upon the issuance of a special permit. Special permits may be issued only for uses which were in harmony with the general purpose and intent of the ordinance or Bylaw, and shall be subject to general or specific provision set forth therein; and such permits may also impose conditions, safeguards and limitations on time or use." Special Permits are, as the law states, intended to be relief for the allowance of uses, rather than site plan reviews which are a creature of common law intended to place reasonable conditions on uses. Section 17.14.4 of the Zoning Bylaws provides limited circumstances for site plan disapproval. The process of the site plan review is to assure protection of the public interest to a degree consistent with reasonable use but not necessarily to deny that use. In addition, special permits can only be issued, under Massachusetts law, by a permit granting authority which has been authorized to issue special permits. MGL Chapter 40A, Section 9 provides "Zoning ordinances or bylaws may provide that certain classes of special permits shall be issued by one special permit granting authority and others by another special permit granting authority as provided in the ordinance or bylaw." Section 2.65 of the Town Bylaw identifies the 5 Section 17.13.3 North Andover Zoning Bylaw Page 6 of 11 PETITION:2015-003 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi ill,Esquire,Chairman Ellen 1'.Mcintyre,Vice-Chair D.Paul Koch dr.,Esquire Norarh 5 Doul;Ludgtit �ro4 , eo '6Y6�ot Allan Cuscia O _ associate,Members R 2 q Deney Morganthai %, Nathan Weinreich .klexandria A.Jacobs,Esquire SSRCNus� Special Permit Granting Authority as follows: "The Planning Board shall be the Granting Authority of all Special Permits to Cluster Development, Plan Development District, (1985/15) driveways, nursing and convalescent homes, Watershed Protection District (1994/37), Wireless Service Facilities (1998/37) and large estate condominium conversions. The Board of Selectmen shall be the granting authority of all Special Permits pertaining to non-accessory signs as specified in Section 6.52 of this Bylaw. The Board of Appeals shall be the granting authority of all other Special Permits allowed in this Zoning Bylaw." Within the Business Opportunity Zone, Section 17.6.3.2 of the Bylaw identifies As-Of-Right Uses which can are allowed "upon Plan Approval." Section 17.6.3.3 of the Bylaw identifies Uses allowed only upon the issuance of a Plan Approval Special Permit. As referenced herein, the Applicant's proposed solar use would fall under the subcategory of As-Of-Right uses under 17.6.3.2, at subparagraph 13, Manufacturing. Clearly the Bylaw intends to distinguish Plan Approval for As-Of-Right Uses under Section 17.6.3.2 from Plan Approval Special Permit Uses under Section 17.6.3.3. To categorize Aggrieved Party's filing with the PPA as anything other than a Plan Approval pursuant to section 17 or section 4.133-11b is misplaced and likely not enforceable unless regulated within the Zoing Bylaw pursuant to Health Safety and Welfare. Based upon the law and record evidence, the Applicant has only applied for Plan Approval and not a Special Permit. To the extent that the Aggrieved Party applied for a Special Permit pursuant to 4.133-1 lb, then the Special Permit Granting Authority in this instance must be the Zoning Board of Appeals and not the Planning Board, as directed by Section 2.65 of the Zoning Bylaw. c. ALLOWED USE: Section 17.3.3 identifies three sub-districts within the Osgod overlay district. The Business Commercial District is the overlay selection district proposed by the Aggrieved Party with respect to the Solar Photovolic System. As to allowed use, MGL Ch. 40A sec 3 exempts certain uses from the zoning act, including but not limited to solar as is agriculture, education, and other stated uses. The Premises is located in an I-2 Zone. Within the 1-2 Zone, under Section 4.133 Industrial 2 District-I Lb. Solar facilities are allowed by the express language of the Bylaw as follows: "Renewable or alternative energy research and development facilities, renewable or alternative energy manufacturing such as wind, solar, biomass and tidal on a lot with a minimum of twenty-five (25) acres; less than twenty-five (25) acres but a minimum of ten (10) acres by Special Permit." Page 7 of 11 PETITION:2015-003 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III,Esquire,Chairman Ellen P.Mehavre,Vice-Chair Dh .Paid Koch. -.,Esquire � NORTH ,y Doug Ludgin °, .Man Cuscia Y, n• o� * ; associate Members 2 y Ueney 14urQanthal Lathan 1Neinreich Alexandria A.Jacobs,Esquire $hCH1154 The Premises is also located within the OSGOD Overlay District. Within such district, there are three (3) sub-districts. In particular, the Applicant's proposal relates to the Business Opportunity Zone. Within the Business Opportunity Zone, Section 17.6.3.2 of the Bylaw identifies As-Of- Right Uses. Section 17.6.3.3 of the Bylaw identifies Uses allowed by Special Permit. Within the subcategory of As-Of-Right uses under 17.6.3.2, at subparagraph 13,Manufacturing is listed as an allowed use. There is no other restriction or limitation as to the definition of manufacturing within 17.6.3.2 and, therefore, Applicant presents that the term manufacturing would include solar manufacturing as defined within our Bylaw in Section 4.133-1 lb. (previously referenced). Pursuant to Mass. General Law Chapter 40A, Section 3 "No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate collection of solar energy, except where necessary to protect the public health, safety or welfare." (emphasis added). At the time that the Town adopted the OSGOD Overlay District, the Warrant Articles adopting OSGOD were submitted to the Commonwealth of Massachusetts Office of the Attorney General for their review and approval, as is required under applicable law. The Attorney General,by correspondence dated October 2,2007, approved the Warrant Article, however, in doing so, the Attorney General called attention to certain provisions within the OSGOD Warrant Article specifically Section 17.6.4 as to "Prohibited Uses". The Attorney General specifically cautioned the Town that those provisions could not be applied in a manner inconsistent with Mass. General Laws Chapter 40A, Section 3. d. DEFINITION OF MANUFACTURING: As previously discussed, in the absence of a specific definition, terms are to be interpreted iii accordance with statutory construction and, in the absence thereof, customary usage and dictionary definitions. In this particular instance, the Town Bylaw specifically references manufacturing to include solar. By its express language under Section 4.133 I-2 District-ILb, the Bylaw uses the terminology ".... alternative energy manufacturing such as wind, solar, biomass and tidal..." (emphasis added) By using the term manufacturing under Section 17.6.3.2 subsection 13 as a Use Allowed As-Of-Right, no intention to exclude any types of manufacturing can be inferred. Since the Bylaw has already identified solar as a type of manufacturing, the only inference that can be drawn it is that manufacturing includes solar manufacturing. Reference can also be had to other statutory provisions which define manufacturing including, but not limited to, Mass. General Laws Chapter 164 Section 1 which defines a "Generation Facility" to be "plant or equipment used to produce, manufacture or otherwise generate electricity..." Chapter 164 is entitled MANUFACTURE AND SALE OF GAS AND ELECTRICITY and, therefore, the definitions therein are directly relevant to the topic of solar Pao.8 of I I PETITION:2015-003 Town of North Andover ZONING BOARD OF APPEALS Albert P. Nlanzi Ill.Esquire,Chairman Ellen P.1lctntvre,3 ice-Chair D. Paul [loch Jr-Esquire � NORry 9 o s,:o , Dour 1_u�1in 1 Sat o -Man Cuscia � o � %ssociate Members llenep Mor�4anthal Nathan SVeinreich '� a Alexandria A.Jacobs,Esquire 9SSACHUS"S generation as manufacturing. Within those definitions, the statute also defines the term "Generation" as "the act or process of transforming other forms of energy into electric energy..."; and within the definition of "Renewable Energy" specifically includes "solar photovoltaic". The Aggrieved Parry made specific reference to recent Massachusetts case law including the Duseau decision, which decision was rendered by the Massachusetts Land Court on January 2, 2015. That case tells us specifically that "In the absence of an express definition of a word or phrase in the bylaw itself, however, the court looks to `ordinary principles of statutory construction."'The Duseau Court continued by elaborating that"undefined words are given their `usual and accepted meanings, as long as these meanings are consistent with their statutory purpose."' The Duseau Court referenced deriving meanings from legal context and dictionary defmitions in construing associated words or phrases within the statutory context. The Duseau Court specifically advises that"courts may also turn to the General Laws and other legislation in order to assign meaning to undefined terms, because the interpretation of provisions using identical language must be uniform."The court in Duseau goes on to reference specific instances arising in a zoning context where these rules have been applied. VII.MASSACHUSETTS GENERAL LAWS CHAPTER 40A SECTION 3 The Building Inspector's letter to the Planning Board stating that the Applicant's proposal was not allowed specifically references OSGOD Bylaw Section 17.6.4, which pertains to prohibited uses and provides that all uses not expressly allowed are prohibited. The Building Inspector concluded that the solar proposal did not qualify as manufacturing and therefore was not expressly allowed. As such, the Building Inspector concluded that the Applicant's solar proposal was prohibited. To the extent that such a conclusion is reached, the Town would be in violation of Mass. General Law Chapter 40A, Section 3 as the Attorney General cautioned. Specifically, the only other Section of the Town Bylaw allowing solar manufacturing is Section 4.133-1 lb, referenced herein. That Section limits solar to the I-2 district and parcels with twenty (25) or more acres (or ten (10) or more acres with a Special Permit). The subject parcel at 1600 Osgood Street,North Andover is the only parcel of land in the Town of North Andover which meets this requirement. Therefore, to the extent, for whatever reason, the Town were to deny the right to construct a facility used for the collection of solar energy, except where necessary to protect the public health, safety or welfare, such denial would be in violation of State law. Page 9 of 11 PETITION:2015-003 Town of North Andover ZONING BOARD OF APPEALS Albert 1'. Manzi III,Esquire,Chairman Ellen P.Mclntvre,Vice-Chair D. Paul Koch,1r.,EsquireKoarH Doug Ludgin t°��"`� °o Allan Cuscia c o r^ A Associate Members Denev Ylors!anthal Nathan Weinreich Alexandria A.Jacobs, Esquire rS-CHUsti VELBUILDING PERMIT: During the public hearing,the Aggrieved Parry acknowledged it had not filed for a building permit because it had not been afforded the opportunity to do so. The Board of Appeals notes that the issue of a building permit has not been reached as a building permit has not been applied for due to the fact that the application had stalled at the PPA. The Board makes no particular finding with respect to the issuance of a building permit or the methods or materials of construction thereto. To the extent necessary, the Board reserves the issue of a Building Permit for the Aggrieved Party to be raised at a future date by request. IX. FINDINGS AND DECISION OF THE BOARD After deliberations, the Board of Appeals determined that Findings shall issue that comport with this Decision in favor of the Aggrieved Party's (5) requested Findings as follows: 1. The term "site" (a term that is undefined by the Zoning Bylaw) is not defined to mean "Lot" (a term that is defined by the Zoning Bylaw), and further that the OSGOD Section of the Bylaw contemplates that there can be multiple"sites"on a Lot. 2. The Building Commissioner erred in applying Section 17.6.1.2 and, further, under 17.6.3.2 the term "manufacturing" includes renewable or alternative energy manufacturing such as the solar being proposed by the Applicant and, further, such facilities cannot be prohibited or unreasonably regulated in violation of Massachusetts General Laws Chapter 40A, Section 3. 3. Solar energy generating facilities such as are being proposed by the Applicant are not "Prohibited Uses" and, further, such facilities cannot be prohibited or unreasonably regulated in violation of Massachusetts General Laws Chapter 40A, Section 3. 4. "Manufacturing" as relates to solar energy generating facilities is not limited in any way to preclude the transmission of all or any portion of the energy being generated for use off of the Property. 5. The Application is for an OSGOD Plan Approval and not an application for a Special Permit under MGL Chapter 40A, Section 9. Page 10 of 11 PETITION:2015-003 Town of North Andover ZONING BOARD OF APPEALS Albert 1'.Manzi III,Esquire,Chairman Filen P. Wclntyre,Vice-Chair D.Paul Koch Jr..Esquire F pkoRTH Doul Ludehi O`jt4eo 6.,1ot .plan Cuscia O T r Associate Members a t Deney Morganthal sathau Wemreich Alexandria A.Jacobs,Esquire SSacNUS�� Voting in favor of the Aggrieved Parry's five (5) filed requested findings were: Albert P. Manzi III, Esquire, Allan Cuscia, Doug Ludgin, Nathan Weinreich. Voting against: D. Paul Koch Jr., Esquire. NORTH ANDOVER ZONING BOARD OF APPEALS So Ordered, - 6�j(��6 '-,/ ���- A ert P. Manzi X,f squire, Chairman Ilan Cuscia Doug Ludgin Nathan J. Weinreich D. Paul Koch Jr., Esquire Page 11 of 11 PETITION:2015-003 LISTING FOR OSGOOD SOLAR LLC EXHIBIT "A" Date 'Title jAuthor j 6-Jun-2015 'Legal Notice ZBA Albert Manzi 17-Mar-15 Signature authorization 10rit Goldstein 24-Mar-15 Building Inspector letter of Gerald Brown enforcement 20-Mar-15 application of OSGOD Permit Applicant 21-Aug-03 Quitclaim Deed Applicant 23-Apr-15 Appeal of NA Building Inspector 'Wilmer Hale,Mark C.Kalpin Determination 20-Mar-15 notice to Planning Board Meridian Associates Richard E Waitt submitting Application 20-Mar-15 Supporting documents for Orit Goldstein approval 8-Mar-15 Osgood Solar Zoning Analysis Mark C. Kalpin 24-Mar-15 Legal Notice PB Planning Board 21-Apr-15 ;letter in response to e-mail Gerald Brown (dated 16 April 15 23-Apr-15 Building Inspector's Decision Eric Kfoury 5-March 2015 North Andover analysis Mark C. Kalpin 18-march 2015 North Andover analysis Mark C. Kalpin 2-Oct-07 Certified Bylaws Joyce Bradshaw 9-Mar-15 Response Andrew Maylor 22-April 2015, 16- Request for 12 Zoning Dan Leary April 2015 Determination 17-Mar-15 lAbutters list Assesors Office 22-April 2015, i Dimensional and density Merridan Associates Plans 10 pages Requirement 15-Apr-15 Request for 1-2 Approval Dan Leary 4/21/2015/16 April j re:request for 1-2 Approval Gerald Brown 2015 27-May-15 Notice of Appearance Mark C. Kalpin Mar-07 Map of Smart Growth Overlay 'Joyce Bradshaw 26-May-15 Finding 'Applicant 15-Aug-15 Osgood Solar Hearing-regarding Michael D Rosen Permits 10-Aug-15 I Request for Supplemental ZBA Chairman information i 17-Aug-15 Chapter 184 Section 23C jZBA Chairman 11-Aug-15 'Permit Listing Report Building Department 12-Aug-15 Chapter 40A Section 9B 'ZBA Chairman 12-Aug-15 jChapter 40A Section 3 ':,ZBA Chairman EEI LISTING FOR OSGOOD SOLAR LLC EXHIBIT "A" 24-Jun-15 Land Court Department-Duseau submittedy by Atty Rosen Iv. Szawlowski Realty I 31-Jul-15 Waiv the time constraint applicant �OSGOOD Solar Plan approval iapplicant !application before ZBA June 23rd, 2015 Hearing Presentation Legal Summary 25-Aug-15 Chapter 25A Section 10 IZBA Chairman 25-Aug-15 Chapter 25A Section 3 IZBA Chairman 25-Aug-15 !Chapter 164 Section 1 ZBA Chairman 25-Aug-15 Chapter 184Section 23C ZBA Chairman 25-Aug-15 ;'Definition of Site- Black's ZBA Chairman Law Dictionary, Seventh Edition, Page 1392. West !Group St. Paul Minn. 1999. Byran A. Garner Editor In Chief 25-Aug-15 IChapter 7,Appointed Town ZBA Chairman Boards (Page 19) f 25-Aug-2015 !Chanter 10, Planning and the !ZBA Chairman Enviroment(Page 10) 25-Aug-15 Legal Definition of ZBA Chairman Manufacturing(Page 977) The Commonwealth ofMassqchusells Department qfIndusirialAceldents I Congress Street,Suite 100 Boston,H4 02114-2017 wwwmassgov1dia Workers'Compensation Insurance Affidavit:Builders/Contractors/El Ipctricians/Plumbers. TO BE, FlLkD WITH TBE PERMTTING AUTHORITY. Applicant Informa.flon. Please Print Legibly Name(Biisiness/Organization/fjidividtial): Address: 7 ..... 7p, city/state/2ip: 045V'�"Phone 7 A-24 Axe yon an employer?Checkffie appropriate box: Type of project-()Veiluireft 1 4am a employer with employees(full and/or part-time).'' 7. Now construction 1 am'a sole proprietor or partnership and have no employees Working for me in 8. Remodeling any capacity,[No workers'comp,insurance required.] 9. ❑Demolition 1[]I am a homeowner doing all work myself.[No workers'comp-insurance required.] 10 F]Building addition 4.F1 I am a homeowner and wilt be biring contractors to conduct all work on my property. I will ensure that all contractors either have workers'compensation insurance or are sole 11.VElectrical repairs or additions proprietors with no employees. 12. plumbing repairs or additions 5.R I am a general contractor and I have hired the sub-contractors listed on the attached sheet. 14.F1 Roof repairs otors�aia andhavoworkers; comp,These sub-contra 14.F1'other 6.F]We are a corporation and its officers have exercised their right oflexemption,per MGL G. I52,ql(4),and we have i1o,proployeep.[11o,Workers'comp.insurance required.] *Any applicant that checks box#1 must als6 fill out the section below showing their workers'compensation policy information. T Homeowners who snbn3if qiis affidavit indicating they are doing all work and then hire outside contractors must s4braft a now affidavit indicating such. tCdntractors jbat check this box must,attached an additional sheet showing the name of the sub-contractors;and state whether or not those entities have I's employees, kcks'cqinp ran employees. If the sub-contractors have oyees, eymust provide their wm policy nber. I a M an employer that is pia-pidfizg IV OMC6s'compensation insurance for my empl6yee.y.'Peloi v is'the policy an d)ob site information. lbsurance,Company Name: �mmt Z" policy#or seif-ins,Lic.ii Expiration Date: fob Site Address: (,_/1)Q1) -L City/State/Zip: f 4,AL_,)5 Attach a copy of the workers' compensation policy declaration page(showing the policy number XPir Jon date). Failure to secure coverage as required under MGL o. 152,§25A is a criminal violation punishable by a fine Lip to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and aflne of 11P to$250.00 a day against the violator.A copy of-ibis statement may be forwarded to the Office of blvestigations oftho DIA for insurance coverage verification. Ida lzer'ehy cern un i-ifiepqosaneiialliesqfpeijury tliatthe liifoi-itialionprovided above is true and correct. Signaturo: Date: 4'h Z <1 P V Phone#: !Z 2c,ell Official use only. Do not 1pfite in this area,to he completed by city or,tolm official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.CitylTown Clerk 4.Electrical Inspector 5,Plumbing Inspector 6.Other Contact Person: Phone#: 7 ® DATE(MM/DDNYYY) AC40RV CERTIFICATE OF LIABILITY INSURANCE 6/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CO T PRODUCER NAM . Laurin Kibildis MTM Insurance Associates PHONE (978)681-5700 AIC No; 1978)681-5777 AIC No Ext): 1320 Osgood Street AoDRESS,laurink@mtminsure.com INSURER(S)AFFORDING COVERAGE NAIC# North Andover MA 01845 INSURERA;Nautilus Insurance Company INSURED INSURER B:Hartford Accident & Indemnity 22357 PowerOwners, LLC, DBA: Attn: Dan Leary INSURERC: 857 Turnpike Street INSURER D: Suite 233 INSURER E; North Andover MA 01845 INSURER F: COVERAGES CERTIFICATE NUMBER:15-16 & 16-17 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 A CLAIMS-MADE ❑X OCCUR PREMISES Ea occurrence $ BN961699 1/14/2016 1/14/2017 MED EXP(Any one person) $ 5,000 PERSONAL BADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑ PRO F1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 X JECT OTHER: AUTOMOBILE LIABILITY (Ea accdeD1SINGLE LIMIT $ BODILY INJURY(Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE NON-OWNED Per accident) $ HIRED AUTOS AUTOS $ 7��:tj OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ RETENTION$ O _ $ WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 100 000 OFFICER/MEMBER EXCLUDED? N/A B (Mandatory in NH) 08WECCL7124 1/10/2016 1/10/2017 E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) This certificate of insurance represents coverage currently in effect and may or may not be in compliance with any written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ozzy Properties THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1600 Osgood St ACCORDANCE WITH THE POLICY PROVISIONS. North Andover, MA 01845 AUTHORIZED REPRESENTATIVE M Laorenza/LAURIN ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I NS025(201401) A1j%*arhUSk-tf%- M-partment of Public Safet% Board of Buildine-, Re--pulatitons and Standards Construction Supervisor Laconse Lkense-- CS 93806 Reshwted to: 00 DANIEL P LEARY 49 COURT ST N ANDOVER, MA 01845 Expiratio 12/19/2011 V,rkl T687-4 C ')y) P, DATE(MM/DD/YYYY) Act >Rv CERTIFICATE OF LIABILITY INSURANCE `66 3/31/2017 5/11/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers,LLC CONTACT NAME: 725 S.Figueroa Street,35th Fl. PHONE FAX CA License#OF15767 E-MAIL Ext AIC' IC No Los Angeles CA 90017 ADDRESS: (213)689-0065 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Starr Indemnity&Liability Company 38318 INSURED Tecta America New England LLC INSURER B:American Guarantee and Liab.Ins.Co. 26247 1378672 2 Sterling Road INSURER C: North Billierca MA 01862 INSURER D: INSURER E: INSURER F: COVERAGES TECAM22 CERTIFICATE NUMBER: 14049347 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y N 1000025369161 3/31/2016 3/31/2017 EACH OCCURRENCE $ 2,000,000 DAMAGE TO_7CLAIMS-MADE � OCCUR PREM SES Ea occurrence) cccuence $ 21000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY❑X JECT � LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY N N SISIPCA08289416 3/31/2016 3/31/2017 (CEO,acc dentSiNGLE LIMIT $ 2 000 000 Ix ANY AUTO BODILY INJURY(Per person) $ XXXXXXX ALL AUTOS X AUTOS BODILY BODILY INJURY(Per accident) $ XXXXXXX NON-OWNED P OP'E tlenDAMAGE $ XXXXXXX HIRED AUTOS AUTOS $ XXXXXXX B UMBRELLA LIAB X OCCUR N N SXS 9242436-04 3/31/2016 3/31/2017 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTION$ $ XXXXXXX A AND EMPLOYERS'LIABILITY WORKERS COMPENSATION YIN N 1000001352 3/31/2016 3/31/2017 X STATUTE EORH ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? � N/A '.. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS befow E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Ozzy Properties is Additional Insured(s)as per the attached endorsement or policy language. CERTIFICATE HOLDER CANCELLATION See Attachment 14049347 Ozzy Properties SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1600 Osgood Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ACCORDANCE WITH THE POLICY PROVISIONS. North Andover MA AUTHORIZED REPR @ 1688-2014ICaRD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1000025369161 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations: Or Organization(s): Where required by a written contract Where required by a written contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A.Section II -Who Is An Insured is amended to B.With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" This insurance does not apply to"bodily injury"or caused, in whole or in part, by: "property damage"occurring after: 1. Your acts or omissions; or 1.All work including materials parts or equipment furnished in connection with such work, on the 2. The acts or omissions of those acting on your project(other than service, maintenance or repairs) behalf; to be performed by or on behalf of the additional insured(s) at the location of the covered operations in the performance of your ongoing operations for has been completed; or the additional insured(s) at the location of the the additional insured(s) at the location(s)designated 2.That portion of"your work"out of which the above. injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 Attachment Code:D494719 Certificate ID: 14049347