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Home My WebLink AboutMiscellaneous - 10 COMMERCE WAY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1162 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Vincent Grasso computer, use Name only the tab key to move 10 Commerce Way your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code V�,J 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Vincent Grasso Name March 17, 2003 242-1162 Dated DEP File Number 3. The project site is located at: 10 Commerce Way North Andover Street Address Cityrrown Map 35 Parcel 15&45 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 8732 amended 9054 279, 206 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 12/8/06 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work p subject to this partial certification that have been completed and are released from this Order are: I wpaform 8b.doc•rev.7/13/04 Page 1 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1162 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 77 C. Authorization Issued by: North Andover Io2 Conservation Commission Date of I suan This Certificate must be signed by a j rity of the Conse a ion Commissi n d a copy sent to the applicant and appropriate DEP lona"Office(See Attach nt). Signatures: wpaform 8b.doc-rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection j Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1162 LI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North 13 f� �G�6� 06 On this Day Of Month Year before me, the undersigned Notary Public, personally appeared 15 Sq__ 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. As member of North Andover Conservation Commission City/Town (✓Y ignature of Notary Public DONNA M.WEDGE z NarARYPUBUC Printed Name of Notary Public u a! coMMONWE TH OF MASSACHusrrrs Nly Comm.Expims Aug.7,2009 MY Commi ion Efxpires(Date) Place notary seal and/or any stamp above `;W Sign ture of Notary Public wpaform 8b.doc•rev.7113/04 Page 3 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1162 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 242-1162 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.7/13/04 Page 4 o 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwi ht Street Agawam Conway Hancock Montague Plainfield Wales g Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phiilipston Townsend Boylston Holden Mandan Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth CarverFalmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston BoxfordEverett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc•DEP Addresses•rev.12/4/06 Page 1 0 1 Town of North Andover Town Clerk Time Stamp 3r a Community Development and Services Division o Office of the Zoning Board of Appeals "SS;�N„gt 400 Osgood Street `vC �'RADSHAW North Andover,Massachusetts 01845 k r�; �7 D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 2005 MAY I I P I2' S b Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Mann Street,North Andover, MA on Tuesday the 14th of June, 2005 at 7:30 PM to all parties interested in the appeal of Vincent Grasso, 10 Commerce Way,North Andover requesting a dimensional Variance from Section 6, Paragraph 6.6.G.3 of the Zoning Bylaw for relief of front setbacks in order to allow a front corner ground sign. Said premises affected is property with frontage on the Northwest side of Commerce Way within the I-2 zoning district. Plans are available for review at the office of the Building Department,400 Osgood Street,North Andover,MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on May 30&June 6, 2005. Legalnotice 2005-014. M35P15. Board o2 Appeals 978-688-9541 Building 978-688-9545 Conservation 978688-9530 Health 978-688-9540 Planning 978-688-9535 M Town of North Andover Office of the Planning DepartmentaC^ ' Community Development and Services Division �+-- C{D 400 Osgood Street s HNAOSHAW North Andover.Massachusetts 01845 0 VIN r LE RK hft://www.townofiiorfftandcrver.com Z95MY 18 AH: 2g P(978)688-9535 F(978)688-9542 Town of North Andover Planning Board Application for Watershed Special Permit Please type or print clearly. 1. Petitioner: ��Cii I 6MS6 Petitioner's Address: } Telephone number: 7,J W— 25y�, 2. Owners of the Land: JCI �Ltf1� V � Address: ® 1�j1✓'fg=J-� u Number of years of ownership 3. Year lot was created: 4. Is the lot currently on septic or sewer? St*,te,-- If on sewer,please provide date the sewer connection was completed: 5. Description of Proposed Project: soo 6. Description of Premises: (�,t2.� QVA 7. Address of Property Being Affected Zoning District: ,.ZoZ Assessors: Map: ff< Lot# l i Registry of Deeds: Book#: b J 8 Page#: 8. Existing Lot: , Lot Area(Sq.Ft) [C_L D5/� BuildingHeight 30 Street Frontage: 3 Side Setbacks: Front Setback: yq•7 ' Rear Setback: Floor Area Ratio: Lot Coverage: 9. Proposed Lot(if applicable): Lot Area(Sq.Ft) Building height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) Building Height Street Frontage: Side.Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 13. Has there been a previous application for a Special Permit from the Planning Board on these premises?% If so,when and for what type of construction?- Y. 14. Section of Zoning Bylaw that Special Permit Is Bell,,/ Requested 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed 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 Planning Office 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 Planning Board Rules and R oars may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: $, Print or type name h e C Owner's Signature: VPrint or type name here: d 16. Please list title of plans and documents you will be attaching to this application. F Y � FF mydocsmentsfwatershedspeciutpermit Town of North Andover Planning Department Watershed Special Permit GENERAL REQUIREMENTS TO BE MET FOR SPECIFIC REQUIREMENTS TO BE MET FOR OBTAINING A SPECIAL PERMIT OBTAINING A WATERSHED SPECIAL PERMIT Written Documentation Written Documentation Applications for a special permit must be supported by a legibly Applications for a special permit must be supported by a legibl written or typed memorandum setting forth in detail all facts written or typed memorandum setting forth in detail all facts relied upon.Addressing each of the below points individually is relied upon. Addressing each of the below points individually i required with this application. required with this application. I. encouraging the most appropriate use of land; 1. Written certification by a Registered Professional Engineer,or other scientist educated in and possessing extensive experie cc 2. preventing overcrowding of land; in the science of hydrology and hydrogeology, stating at there will not be any significant degradation of the quality or 3. conserving the value of land and buildings; quantity of water in or entering Lake Cochichewick. 4. lessening congestion of traffic; 2. Proof that there is no reasonable alternative location outs de the Non-Disturbance and/or Non-Discharge Buffer Zon s, 5. preventing undue concentration of population; whichever is applicable, for any discharge, structure, or activity,associated with the proposed use to occur.(1994/38 b. providing adequate light and air; 3. Evidence of approval by the Mass. Dept. of Environme tal 7. reducing the hazards from fire and other danger; Protection (DEP) of any industrial waste water treatment or disposal system or any waste water treatment of systemfift n 8. assisting in the economical provision of transportation, thousand(15,000)gallons per day capacity. water, sewerage, schools, parks, and other public facilities; 4. Evidence that all on-site operations including, but not li ed to, construction, waste water disposal, fertilizer applicati ns .9. controlling the use of bodies of water,including and septic systems will not create concentrations of Nitroge in watercourses; groundwater,greater than the Federal limit at the downgrad ent property boundary. 10. reducing the probability of losses resulting from floods; and 5. Projections of downgradient concentrations of nitro en, phosphorus and other relevant chemicals at prop rty 11. reserving and increasing the amenities of the Town;AND boundaries and other locations deemed pertinent by the SP A. 10.31 6. The SPGA may also require that supporting materials be The Special Permit Granting Authority must have all the following prepared by other professionals including,but not limited I o,a conditions met: registered architect, registered landscape architect, regist red land surveyor, registered sanitarian, biologist, geologis or a. The specific site is an appropriate location for hydrologist when in its judgement the complexity of the such a use,structure or condition; proposed work warrants the relevant specified expertise. b. The use as developed will not adversely affect the neighborhood; C. There will be no nuisance or serious hazard to ' vehicles or pedestrians; ❖ A Special Permit once granted by the Planning B and d. Adequate and appropriate facilities will be will lapse in two (2) years if not exercised unles the provided for the proper operation of the Planning Board grants an extension. proposed use; e. The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this Bylaw. PL of North Andover PlanningDepartment Watershed S ecial Permit Procedure and Requirements for Filing an Application for a Watershed Special Permit The following information must be submitted thirty(30)days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Planning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Bylaw and is not meant to • Step 8:Legal Notice: supersede them. The Planning Department prepares the legal notice for mailing to the parties of interest(abutters)and for • Step 1: Pick up application package: publication in the newspaper. The petitioner is responsit le The petitioner picks up complete application package and for delivering the legal notice to the newspaper. Zoning Bylaw to reference specific requirements of special permit. • Step 9:Public Hearing before the Planning Board: The petitioner should appear in his/her behalf,or be • Step 2:Special Permit Application Form: represented by an agent or attorney. In the absence of an Petitioner completes(3)copies of the application form. All appearance without due cause on behalf of the petitioner, he information as required shall be completed. Planning Board shall decide on the matter by using the information it has otherwise been provided. • Step 3:Plan Preparation: Petitioner submits all of the required plan,information as • Step 10:Decision: cited in 4.136 in the North Andover Zoning Bylaw. After the hearing(s),a copy of the Planning Board's decis on will be sent to the petitioner,engineer and all parties in • Step 4 : Submit Application: interest. (Any appeal of the Planning Board's decision m y Petitioner submits(3)typewritten applications time stamped be made pursuant to Massachusetts General Laws Ch.40 by the Town Clerk,ten(10)copies of the plan 1"=40' sec. 17 within twenty(20)days after the decision is filed prepared by a Registered Professional Engineer or Land with the Town Clerk.) Surveyor, abutters list certified by the assessors office and filing fee's. • Step 11: Recording Certificate of Decision Plans The petitioner is responsible for recording certification o the • Step 5:Submit Filing Fees decision and any accompanying plans at the Essex North The petitioner submits two separate checks fpr filing fees in Registry of Deeds,Lawrence Massachusetts,and shall the following amounts. complete the Certification of recording form and forward it 1. $100.00-Special Permit Application Fee to the Planning Department. 2. $2000.00-Outside Consultant Fee • Step 6:Mail Application to Outside Consultant The petitioner mails a copy of the plan and application to the Important Phone Numbers outside consultant for review at: Vanasse,Hangin,Brustlin,Inc. ❖ 978-688-9535 Planning Department Attn: Tim McIntosh ❖ 978-688-9542 Planning Department's Fax 101 Walnut Street ❖ 978-688-9501 Town Clerk's Office Watertown,MA 02471 • Step 7 Notification of Parties in Interest: Petitioner submits a complete abutters list to the Planning Department and the Planning Department sends out the legal notice. Petitioner also submits two complete sets of stamped, self-addressed envelopes,indicating Planning Board,27 Charles Street,North Andover,MA 01845 as the return address.Additionally,(22)(twenty two).37 postage stamps must be submitted for notification of the surrounding communities. ,(r � f 2 LINES OF 611 TALL CHANGEA a rr r dJ3tters formed from plastic and sprayed to match PMS cola- -Cabinet fabrics from extruded aluminum -Face Painted to match fight color of building -Trim painted 3435 PMS Color red -Pole cover to be fabricated from aluminum sprayed to match bu&i ft -Decorative details to be fabricated aluminum painted to match 3435 -Reader board to have 2 Ines of B'tall changeable copy -Base to be concrete foundation&bride _ ® i BATTEN BROS. Sign Advertising Na KVMMRWE MONA bA01600(781)2454800 Memo 01110001 J.REI; �oroar�vnox Double faced e.temaity MWmino%d keestanc8ng sign with raped graphics iocyow 1 o Commerce Way N.Andover,MA MR I- 112'=P �uv!3.23-00.5��er�yyga�a�r i JER � �ir6mp�sa�FtlM �`s� Front View Side View Abutter to Abutter( x ) 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 35 15 Vincent Grasso 10 Commerce Way North Andover,MA 01845 Abutters Properties Map Parcel Name Address 35 6 Tobi Mccarthy 1145 Osgood Street North Andover,MA 01845 35 14 Vincent Grasso 121 Middle Street#200 Portland,ME 04101 35 27 Angus Realty Corp 1077 Osgood Street North Andover,MA 01845 35 36 William Haphey Realty Trust 44 Russell Street North Andover,MA 01845 35 37 Vincent Tyler 1149 Osgood Street North Andover,MA 01845 35 45 One Clark Street North Andover,LLC 121 Middle Street#200 Portland,ME 04101 35 47 VJ VK,Inc 53 Kelly Road Salem,NH 03079 35 53 1140 Osgood Street Trust 1159 Osgood Street North Andover,MA 01845 74 6-0001 Landers Family Trust 1000 Osgood Street 74 6-0002 Dennis Drinkwater 13 Old Salem Path Magnolia,MA 01930 74 6-0003 Landers Building Condominium 40 Courst Street North Andover,MA 01845 74 6-0004 Landers Family Trust 1000 Osgood Street North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of va Certified . Dater" jr o Tq TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS Baa NAME: ADDRESS OF APPEAL: 0 Procedure & Requirements for an Application for a Variance Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(UO days prior to the first public haring. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals sched les time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the egal ZoningBoard of an application as incomplete.ete. notice for mailing to the parties in interest(abutte )and The information herein is an abstract of more for publication in the newspaper. The petitioner i specific requirements listed in the Zoning Board notified that the legal notice has been prepared a the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined (NEWSPAPER The petitioner picks up the legal notice from the Mee STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the I I The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZO ING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the a of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of t required in items 1 through and including 11 shall be petition, the Board shall decide on the matter by sing completed. the information it has received to date. STEP 3• PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision 'll be cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the oard's decision may be made pursuant to Massach STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17, within twenty(20) s after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clert a certified list of Parties in Interest(abutters). STEP 10: 1NMROIN-G THE DECISION STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording cer ifi ion of Petitioner submits one(1)original and ten(10)Xerox the decision, the Mylar, and any accompanying 81`18 at copies of all the required information to the Town Clerk's the Essex County, Nath Registry of Deeds, 381 I Office to be certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete e and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Clerk's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building the Zoning Board of Appeals secretary. Department. IMPORTANT PHONE NUMBERS: PAG ! of 4 978-688-9533 Office of Community Dev. &Services North Andover Toon Hall 400 Osgood Street, North Andover, MA 120 Main Street q< r; 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office ; 978-688-9545 Building Department978-688-9566 Assessor's Office 977to5 ' JZonMgcd of Appeals Office MAY 1 � l(l� `z5 C) PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 1. Petitioner: *Name, *Address and telephone number: e lo t ( a ' - 75re. *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Years Owned Land: 3. Location of Property: a. Street: /d 6yna'Ve✓t..e Zoring District: , b. Assessors: Map number: Lot Number: !s— c. Registry of Deeds: Book Number: 63/B Page Number: as 4. Zoning Bylaw Section(s)* undej which the petition for the Variance is made. *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request. l-b4eA-c opi Y0rz)a=ds. a 5 S a d The above description shag be used for tire purpose of the legal notice and decision. A mos detailed descripdon is required pursuant to the Zoning Board Rules and Regulations as cibed of papa 4,section 9 of this application.Failure by the applicant to describe the request ciewly may result In a decision that does not address this infant of the appkant. The decision WIN be Milted to the request by the applicant and will not involve additional Items not Included above. SA. Difference from Zoning Bylaw requirements: lnclkate the dinwrielon(s)that will not most current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking 5,,,N Sq. Ft. Sq. Ft. Coverage Feet Spaces 3erB� Front Side A Side B Rear B. % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE errMSig x _ a'e,.- .; r , 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 519,4 I 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) j Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear Sign 7A. Existing Building(s): Ground Floor Number of Heig t# Total Use of Num Square feet Floors Sq.feet Building* of Uni s** *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 7B. Proposed Building(s): /�ZI Ground Floor Number of Hei Total Use of Num 9 Square feet Floors Sq.feet Building* of U ' *" *Reference Uses from the Zoning Bylaw&Table 1 **State number of units in buildi g(s). S. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Ev application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to fumish all supportin documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board o Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and I I notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regul ' s may result in a dismissal by the o . Board of this application as incomplete. Signature T e aboveame s here: R/ (% PAGE 40F4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a *10. B. *Plan Specifications: legibly written or typed memorandum setting forth in I) Size of plan: Ten (10)paper copies of a plan detail all facts relied upon. When requesting a Variance not to exceed 11"xir, preferred scale of 1"=40' from the requirements of MGLA ch. 40A, Sec. 10.4 and In One(1)Mylar. the North Andover Zoning By-laws, all dimensional III) Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor, with a block for supported. All points,A-F,are required to be five(5)ZBA signatures and date indicated on the addressed with this application. Mylar. A. The particular use proposed for the land or *10 C. *Features To Be Indicated On Plan: structure. I) Sib Oration shall include: B. The circumstances relating to sal conditions, shape 1. north point or topography of such land or structures especially 2. zoning district(s) affecting the property for which the Variance is 3. names of streets sought which do not affect generally the zoning 4. wetlands(if applicable) district in which the property is located. 5. abutters of property, within 300' radius C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties financial or otherwise, which results from literal within 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7. deed restrictions, easements. with respect to the land or building for which the II)Legend S Graphic Aids: 1. Pr features in solid lines 8�outlined in red ' variance is sought. Proposed � D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4• Date of Plan ? E. Facts relied upon to support a finding that relief 5. Title of PlaA sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicant,owner or record, and designer of of the Ordinance. surveyor. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA 10 D. Minor Projects application. Minor projects,such as decks,sheds,and garages, shall require only the plan information as indicated with 10. PLAN OF LAND an. asterisk(*). In some cases further information may Each application to the Zoning Board of Appeals shall be required. be accompanied by the following described plan. Plans must be submitted with this application to the Town 11. APPLICATION FILING FEES Clerk's Office and ZBA secretary at least thirty(30)days 11.A. Notification fees: Applicant shall provide a prior to the public hearing before the Zoning Board of check or money order to: "Town of North Andover- appeals. #022-1760-4841"for the cost of first class, certified, return receipt($4.42 as of November 2003)x#of all A set of building elevation plans by a Registered parties in interest identified in MGLA ch. 40A§11 on the Architect may be required when the application abutter's list for the legal notice check. Also, the involves new constructioniconversion/and/or a applicant shall supply first class postage stamps proposed change in use. (currently 37$)x the#of parties of interest on the abutter's list for the decision mailing. 10. A. Major Projects Major projects are those, which involve one of the 11. B. Mailing labels:Applicant shall provide fair(4) following whether existing or proposed: sets of mailing labels no larger than 1"x2-5/8" (3 copies I)five(5)or more parking spaces, for the Legal, and one copy for the Decision mailing). II)three(3)or more dwelling units, III)2,000 square feet of building area. 11. C. Administrative fee of$50.00 per application. Major Projects shall require, that in addition to the 10B& 4 A Variance once granted by the ZBA will lapse in 10C features, that the plans show detailed utilities, soils, 1 (one)year if not exercised and a new petition must and topographic information. be submitted.+ Plan Review Narrative The following narrative is provided to further moaln the reasons for denial for the application/ permit for the property indicated on the reverse side: NMW 4k$vi `k � y / t ' C�f &A er- -ep ur N No %O v f1 ," 0" 14/V/Vi AL (3 4r- -Ilv j Zoning Bylaw Denial Town Of North Andover Building Deparb o t ti t 400 Osgood St NoM Andover, MA. 01845 Phone 873.6 41545 Fax 8794MM x542 Street: loam f , 5 Applicant (,,//A,?6 7Z.77 6 /4 SS D RequestCD r G,,ovN SICK Date: / la $ D-- Please be advised that after review of your Application and Pians that Your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Imdkkmt 2 Lot Area Preexisting 2 Fmnlage Complies 3 Lot Area Complies 3 Preexisting frOnt896 4 Insufficient infonTm ion 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed JM G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies Ll 4 Special Permit Required AW LS ' 3 PreeAftV CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 I All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient qe5 2 Complies 3 Left Side Insufficient 3 PreexisIft Height Lj�e S 4 Rht Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexists setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies p Watershed 3 Coverage Pne>nvsting LA e 1 Not in Watershed 4 Insufficient Information 2 1 In Watershed j Sign Ld3G ON nns Je4ao uoRslwu103 PROUOM114 OUIUU91d Pme OWUoz "10d �qhH ew j :01 PWAG18t1 May 12, 2005 Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 RE: Zoning Variance for Sign Placement 10 Commerce Way,North Andover Members of the Board: I am requesting a variance for sign placement at the above referenced location under Section 6.6 of the Town of North Andover Zoning By-laws. This letter addresses Section 9 of the Zoning Board of Appeals Variance Application Form. A. The proposed use of this site is a car wash and the sign shall act as an advertising element for said car wash. B. There are no special circumstances related to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. The required setbacks do not allow the proposed sign to be seen from a reasonable distance. The proposed setbacks which would be 23.9' from Commerce Way and 15.5' from Osgood Street would allow the sign to be more visible to traffic and would also fall in line with all other existing signs on Osgood Street D. All signs along Osgood Street are not in compliance with the zoning setback requirements. The proposed sign location would be in a similar location to all neighboring signs. E. Granting this zoning variance would not nullify the intent of the zoning Ordinance because of the location of neighboring signs and the area in which the proposed sign would be located is actually 24' from the road as setbacks are taken from the property line, not the actual street location F. N/A Thank you for your attention concerning this matter. I look forward to speaking with you at the next ZBA meeting. Best Rega s, (V�r�-sso a - s t . os . ALI 2 LINES OF 6" TALL CHANGEABLE Externally Illuminated freestanding sign Placement -Letters formed from plastic and sprayed to match PMS color -Cabinet fabricated from extruded aluminum -Face Painted to match light color of building -Trim painted 3435 PMS Color red -Pole cover to be fabricated from aluminum N sprayed to match building -Decorative details to be fabricated aluminum painted to match 3435 -Reader board to have 2 lines of 6" tall changeable copy -Base to be concrete foundation & brick BATTEN BROS. Sign Advertising 893 MAIN MEET,WAO-FIELD MA 01880(781)246-4800 sWCH f EIS JOB DEc MON Double faced externally Illuminated Freestanding sign with raised graphics LOCAM 10 Commerce Way N.Andover, MA wa 3-23-05 �W" JER NM:fir Is an---- ldnaMMp oradW WA olMrled by ea W 21= kro.r r r d for yw puM.ln �r��on�wdra roY�Mot�bNn��for�eaAl�8rra�,Ino. Front View Side View Abutter to Abutter( x ) 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 35 15 Vincent Grasso 10 Commerce Way North Andover,MA 01845 Abutters Properties Map Parcel Name Address 35 6 Tobi Mccarthy 1145 Osgood Street North Andover,MA 01845 35 14 Vincent Grasso 121 Middle Street#200 Portland,ME 04101 35 27 Angus Realty Corp 1077 Osgood Street North Andover,MA 01845 35 36 William Haphey Realty Trust 44 Russell Street North Andover,MA 01845 35 37 Vincent Tyler 1149 Osgood Street North Andover,MA 01845 35 45 One Clark Street North Andover,LLC 121 Middle Street#200 Portland,ME 04101 35 47 VJ VK,Inc 53 Kelly Road Salem,NH 03079 35 53 1140 Osgood Street Trust 1159 Osgood Street North Andover,MA 01845 74 6-0001 Landers Family Trust 1000 Osgood Street 74 6-0002 Dennis Drinkwater 13 Old Salem Path Magnolia,MA 01930 74 6-0003 Landers Building Condominium 40 Courst Street North Andover,MA 01845 74 6-0004 Landers Family Trust 1000 Osgood Street North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of oa� Certified . Date. �r o _ LAW17ED PPARRNUM11 70, �;ffn WCoontry AK JW PIG,7V I.P1N METAL (F0) IWIN.156tH,17�N, , 1 i 16'11D 8' Lor II I Lor AwA. 0 I 174•pJ4 tSF. 2.0774*AC AREA E7M!X/ P©A .^ j 9f,1#1 tSF. D CRA. I M1des +-- L I L"ft 43155!1 A®anw ab,.n ibM 9antlmwNq I W 183"15141.1) Myo oMnvMk 4p f�5• I &aih:7.1141t69 I AL u AvAllwAgn Wft-.AYAIIF,a fz wMMVA AMi51Nr 0 o I rvi wx / 126.92 I 126.41 -r 1 AV M?9 wta�r�rte / m PF A4 W AS 3� + owf4mv mw-Cava~Now sww a &W-VW aANE 127.641 6' 126.58. m MF A3 I NF A6Aff T aea 6811MitA1' ' > 12865 s. I 12 W e m 1�AZ .STRffr ar aws:�a , , 129.18 owg, LLC ((ww MIF A7 . V Q I I 125.96 ui •rvDswwrw s+mv of/- sow I MF AE SCRM WSMW 4 AWr NZ AWA 4 1KMT Mr AMA aaa 1 mew A*is LF. 1 mw .M1 Lf:. 1 u I \ AV SOM RAVAOS W Mn AV AWA 41-DWM1e SMR MAM RNPVM XGW~MR.864mv omwmw Pow AV AM ar W O lI \ WIN A1RM M►6E E7MSAMa warmtMLr SA~ PM iENS (1) am CQ4tA47A MININ MW AAV MAWftE 15' I a a sw MAIMM!Row VDV r. \\ w \ J — —w--04- NN OR MAAV AAV WL 1F I I , ...... PAg7TTYL4KE t do 181 O _Q &WMW U711.17'Y POKE + ONN~A0WW LMS 1FUMVC A'A53TAAA5£ALQVC AaGNIDiV4Y - I (4) WUS x AAM <<2,9 56'>> WrA(M 11111"My FAVVri16K: AV. 4 FT. NT. N - SA70lY�t�' (1) MMQd4AA TAr `'�` E7E714 AOw/q+Apti AAIIBr �. SMW MULL M6Yl S 1QQ ��_ 1 -- -f6Gt•W PANT 1S it -2.32.6 SW EIZIOI RM • ---Az------ ELE744nov Oavr4U'P Em Exist SLOPE�k N :�"�'B-- - ONMT Or 52WIMMFD WINTA 70 M WAW UNITY EA-5,1 ENT b Q R/FLAB WAWM + aw c r NXIM ar 441191 MW L4V6) 02S.B PAlIaSNEAIT 21tE (7) TAMS'x i41 12 N IN711 ELEK/ s AAC spFFetles 1291 A/AL 4'HT _ ?6.6 PA1pIAIhETrT A5 Hera =347E'Cg" — _ 1BP PWN A00ME1TAR Sf3E'AA51 "�8 18'1° R=25 00' mus x AfmA }RO7ar �„""T,-•''-�7'l,T,jai Roar WwRov amov L=1504' --y-=- WV. 4 FT. wT Cb.= 14 El' Q --- LAYVr or 109.4wT wXAW 6Y49w?200— p -- S 1173'36"E 1 \ �tiy1 } 15'RCP=_=--=_ u wr, slpstawomwe: ---- MOPOMV CAA' WAW FACI-fry SHEET LAJICAPEAA LAH7, PLAN > > 10 CCUMERENCE WAY N� r 77�d ANDD1�4i , MASS. No. PWAAW F,�W. WWaW Q11AW 42 NO. sY A•Pf�. DATE mEwWwV Page 1 of 1 Bradshaw, Joyce From: Glennon, Michel Sent: Tuesday, June 28, 2005 3:14 PM To: Bradshaw, Joyce Subject: Mich oops Hi, Joyce; The appeal number for Vincent Grasso, 10 Commerce Way should be 2005-014, not the 2004-018 in the page 1 heading. The correct appeal#and Map and Parcel are on the 2d page. Also, I should have attached the 2 Winter Street decisions to the 6 month extension for Map 103, Parcel 120. That one is easy to remedy;will dept. mail those copies to you. The app#? is a big problem, unfortunately. Mich. P.S. If I put the page one copy on a blank letterhead as attachment, could you print it, then time stamp that? (Page 2 is valid, and has Ellen's signature.)Then, could you fax the time-stamped correction, and I could use it in the decision mailing? mg 06/28/2005 � 4 �f,,0RT#j,gyp Town of North Andover Town Clerk Time Stampll Community Development and Services Division RECEIVED Office of the Zoning Board of AppealszR c,;;s�s`" 400 Osgood Street Ow" CL"1 ( North Andover,Massachusetts 01845 ' { D.Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 a�03 ~'�� Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass.Gen. L.ch. 40A, §17 Property at: 10 Commerce Way NAME: Vincent Grasso HEARING(S): June 14,2005 ADDRESS: 10 Commerce Way PETITION: 2005-014 North Andover,MA 01845 TYPING DATE: June 17,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting roo 120 Main Street,North Andover,MA on Tuesday,June 14,2005 at 7:30 PM upon the application of Vincent Grasso, 10 Commerce Way,North Andover requesting a dimensional Variance from Section 6,Paragraph 6.6.G.3 of the Zoning Bylaw for relief of front setbacks in order to allow a front corner ground sign. Said premises affected is property with frontage on the Northwest side of Commerce Way within the I-2 zoning district. The legal notices were published in the Eagle-Tribune on May 30&June 6,2005. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Thomas D. Ippolito,and Richard M.Vaillancourt. The following non-voting members were present: Albert P.Manzi,III,and David R.Webster. Upon a motion by David R. Webster and 2nd by Joseph D.LaGrasse,the Board voted to GRANT a dimensional Variance from Section 6,Paragraph 6.6.G.3 of the Zoning Bylaw for relief of 14.1' from the front setback and 24.4'from the from the left side setback in order to construct a proposed ground sign 20'maximum above ground level,with a maximum 100 sq. ft. sign area per Proposed Car Wash Facility Landscape and Lighting Plan, 10 Commerce Way,North Andover,Mass., prepared for:Vincent Grasso,Date: 5/11/2005,Modify TitleBlock 5/13/05 by Richard F.Doherty,Registered Professional Civil Engineer#31433,Hancock Engineering Associates, 185 Centre Street,Danvers,MA.01923;and Batten Bros. Sign Advertising, 893 Main Street,Wakefield,MA 01880,Doublefaced externally illuminated freestanding sign with raised graphics,Location 10 Commerce Way,N.Andover,MA,Date 3-23-05. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Thomas D.Ippolito,and Richard M. Vaillancourt. The Board finds that the state route 10' setback from Route 125 plus the 15.6' side setback from the lot line satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw in that the granting of this Variance will not adversely affec the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Ot pORTN Town of North Andover Town Clerk Time Stam � � A Community Development and Services Division Office of the Zoning Board of Appeals use~s ` 400 Osgood Street �ds�cN North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 Building Conunissionen Fax (978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.Mclntyr ,Chair Decision 2005-014. W5P15. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 f Town of North Andover Town Clerk rme Sta np Community Development and Services Division VED Office of the Zoning Board of Appeals ''+,�w•�`�' 400 Osgood Street TOWN CLERK North Andover,Massachusetts 01845 '!_1 .11 ANDOVER D.Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 2065 MAY I P 12' 5 Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover,MA on Tuesday the 14"of June,2005 at 7:30 PM to all parties interested in the appeal of Vincent Grasso, 10 Commerce Way,North Andover requesting a dimensional Variance from Section 6, Paragraph 6.6.G.3 of the Zoning Bylaw for relief of front setbacks in order to allow a front corner ground sign Said premises affected is property with frontage on the Northwest side of Commerce Way within the 1-2 zoning district. Plans are available for review at the office of the Building Department,400 Osgood Street,North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on May 30&June 6,2005. Legalnotice 2005-014. M35P15. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 97&688-9535 t 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands PMe-'1'kJ DEP File Nur iber: WPA Form 5 - Order of Conditions 242-1162 L11 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 Conditio is use only the tab key to 3. To: Applicant: move your cursor-do not Vincent Grasso use the return a. First Name b.Last Name c.Company key. 10 Commerce Way d. Mailing Address North Andover MA. 01845 e. City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 10 Commerce Way North Andover a. Street Address b.City/Town Map 35 Parcel 15 &45 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one pa cel): Essex North a.County b.Certificate(if registered land) 6318 215 c. Book d.Page 7/31/02 2/26/03 3/17/03 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Car Wash Facility Permit Site Plan &Stormwater Management Plan (see attached for additional amended plan) Hancock Engineering Associates James R. Comeau (see attached for b. Prepared By Amendment plan) 2/19/03 (see attached for amendment plan date) 1"=20' d. Final Revision Date e.Scale (See original Order) f.Additional Plan or Document Title g. Date 9. Total WPA Fee Paid: $250 a.Total Fee Paid b.State Fee Paid c.City/Town Fee P id wpaform5.doc• rev.8/10/04 Pa e 1 0f8 i Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1162 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. 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 rovi edin 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 Pollutio 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 rth in the wetlands regulations. This Commission orders that all work shall be performed in accorda ce 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 sha I control. Denied because: E] the proposed work cannot be conditioned to meet the performance standards set forth in the wet and regulations. Therefore,work on this project may not go forward unless and until a new Notice of Inte t is submitted which provides measures which are adequate to protect these interests, and a final Order f Conditions is issued.A description of the performance standards which the proposed work ca not meet is attached to this Order. F] the information submitted by the applicant is not sufficient to describe the site, the work, or the a ect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project ay not go forward unless and until a revised Notice of Intent is submitted which provides sufficient infor ation and includes measures which are adequate to protect the Act's interests,and a final Order of Condit ons 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) Resource Area Proposed Permitted Proposed Permitt d Alteration Alteration Replacement Replace ent 3. ❑ Bank a.linear feet b. linear feet c.linear feet d.linear eet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.squar feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.squar feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.d0c• rev.8/2/04 P e 2 of 8 Massachusetts Department of Environmental Protection l � Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1162 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitte Alteration Alteration Replacement Replacem nt 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square eet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic fE et 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 fe t 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet Sq ft between 100-200 ft e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) s. ❑ 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 be ow 12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y not rishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y not rishmt 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. F-1 Land Containing Shellfish a.square feet b.square feet c.square feet d.squar feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under t e Ocean, and/or inland Land Under Waterbodies and Waterway , above a.cu.yd dredged b.cu.yd dredged Land S 20. [--JLandto Coastal Storm Flowage a.square feet b.square feet wpaform5.doc- rev.812104 Pa e 3 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1162 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection ct (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulato 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 an 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 II 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 les than five years, from the date of issuance. If this Order is intended to be valid for more than t iree years, the extension date and the special circumstances warranting the extended time perioc 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 a ch 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, refus , 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 s ch 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 Cour: 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 Or ,er, 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 242-1162 " wpaform5.doc• rev.8/2/04 Pa le 4 of 8 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 242-1162 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection ct 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, t e 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 Certificat 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 he 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 h urs to evaluate compliance with the conditions stated in this Order, and may require the submittal of ny 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 y this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetl nd, 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 Certi Icate 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 f Ily stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland r water body. During construction, the applicant or his/her designee shall inspect the erosion contr Is on a daily basis and shall remove accumulated sediments as needed. The applicant shall immed ately control any erosion problems that occur at the site and shall also immediately notify the Consery tion Commission, which reserves the right to require additional erosion and/or damage prevention co trols 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. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.8/2/04 Pa a 5 of 8 AMENDMENT-10 COMMERCE WAY-242-1162 At the meeting of August 4, 2004, The North Andover Conservation Commission(NACC)voted unanimously to amend the Order of Conditions for 10 Commerce Way(242-1162)to accept the additional(note that the amended plan submitted was not the approved record plan and shall be used as record in reference to the installation of the transformer pad and associated utility connections only and shall not be used in replacement of the previously approved record plan) plan as referenced below showing the approved location of the new transformer pad and associated utilities. Condition #28 of the Order of Conditions shall be amended to include the following additional record plan for the installation of the transformer pad and associated utilities only. Site Plans prepared by: Hancock Engineering Associates 235 Newbury Street Danvers,MA 01923 Entitled: Proposed Car Wash Facility Permit Site Plan 10 Commerce Way North Andover,MA Dated 5/21/04; last revised 7/21/04 Stamped& Signed by Richard F. Doherty, P.E. LIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1162 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Furthermore,the North Andover hereby finds(check one that applies): Conservation Commission 2. ❑ 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 Or er of Conditions is issued. s. ® that the following additional conditions are necessary to comply with a municipal ordinance o bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditic ns 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 E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to Gen Bral Conditions#4 from the date of issuance. do W 1. DatJ of i suance 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 applic nt. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electr icall (s e A endix A), and the property owner, if different from applicant. Signatures: wpaform5.doc• rev.8/2/04 PE ge 6 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: i` WPA Form 5 - Order of Conditions 242-1162 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North q -rt of aoo y On thlS, Day of Month J Year Before me, the undersigned Notary Public, personally appeared .S(o+f- 4, L/ceps e. Name of Document Signer proved to me through satisfactory evidence of identification, which was/were M, 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. As member of North Andover Conservation Commission City/Town /77 16)da�� Si ature of Notary Public AI��9(„r D0004 9- Prin ed Name of Notary Public DONNA M.-WEDGE Place notary seal and/or any stamp above noTaar Pueuc My Comm r TM Aug.�,� This Order is issued to the applicant as follows: ❑ by hand delivery on R(by certified mail, return receipt requeste ,on 8 /0 4 Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land s bject to this Order, or any ten residents of the city or town in which such land is located, are hereby notifiedof 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 Appendix E: Request of Departmental Action Fee Transmittal Form, as provide in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the re uest shall at the same time be sent by certified mail or hand delivery to the Conservation Commission an to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed an how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetla ds Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10. 0). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachus tts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5.doc• rev.8/2/04 Pae 7 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1162 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 i which the land is located, within the chain of title of the affected property. In the case of recorded Ian , the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the la d 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 Commis ion. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 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.8/2/04 Pa le 8 of 8 Jan 03 03 11 : 59a Hancock Assoc, 9787744205 p.2 HANCOCK Engineering Associates 235 Newbury Street Danvers,MA 01923 (978)777-3050 Fax (97R)774-7816 Bolton, MA (978)779-6767 Boston,MA #9425 (617)350-7W January 3. 2003 Planning Board N. Andover Town Offices 4 27 Charles St. C)C, N. Andover,MA 01845 -� ,� RE: Proposed Car Wash Facility CD ,- 10 Commerce WayC D C:) z7 Dear Board Members' w C0 On behalf of our client,Vincent Grasso,we are requesting a deferral and time extension of the public hearing date,scheduled for January 7 2003,to the next available}Manning board meeting date. If you or any other individuals have any questions relating to this request,do not hesitate to call me. Ver truly yours, ames R. Comeau,P.E. Senior Project Manager G:14425teng,�nexringtextcusion4.doc Division of Hancock Survey Associates, nc. Dec U:3 ue 12: 4ep Hancock Hssoc, P. 1 Qac-03-112 10t :12 p_ 1 awn oi'NOOT n AllU7atIO-At (`••'�' 4 - Office f the Planning Department ; . u-riyty l_v_ln ►Pnf and Services Division [ 2 27 Chtrlps Streak Mirth Andover,Maysis1 hu". 1b,111$45 s� � nc�Uthy hdc KexTelephone(978)t►W9535 l� Kalli Plan en fax(9711)Hitt-9542 er Town o3 Novili tii)dovet Planning Board 27 Charles Sum North And0VCr, MA 01845 Please he advised that I have agreed to e1wrid the time#;4jnStrRjnj,.5 pur.suunt to N4&m; Ch- 'IIN General Laws 40A., Section 9, for the Phili sing Bolud to iti33it a deuSkIn M-gaming tt-Wanting ora site plan sPCC'IAL LFERMIS for property lowtud at ia,Corlunerce Way in North Andover. A special permit has been requested fior this property by VimeDt tirassc; I&the car wash. This extension is granted to: January 31,2002. sv C"::?, m �O o c� C-) r Sigacd(Applicant): rncar �—� ;cry --- W m Cn (Name) '1'11`1-::1 of-North 'Arulover/Naming hoard or Representativc: Kathy Me pla-i ing ilT"Iu`r iA',A V1 i A ..',A:-'�r:gY.;-4•: Rlt}I.I1IS3i-S1(N*9S4S CONELVATiCViW-9534 ti W; tii,01.9341) I'tAN11T+[i0g21451) vLU T1ASN CLERK 'q ij ZZ�3 trgR 18 P 1= 23 TO: Town of North Andover Planning Board 27 Charles Street North Andover, MA 01845 PHONE: (978) 688-9535 FAX: (978) 688-9542 Please be advised that I have agreed to extend the time constraints pursuant to Massachusetts General Laws 40 A, Section 9,for the Planning Board to make a decision regarding the granting of a SPECIAL PERMIT for property located at: STREET: l �/ C,0/Y7/YV< GJ y TOWN: /,I J"o Ll-e� NAME OF PETITIONER: Stw - cj -rz�& y« cw#sic) SIGNED: a (;�)- 6..' — Peti66er or io er's representative PLANNING BOARD: ✓ '� _ (P Board or Tanning Board Agent) Jan e-?- U3 Uj: a"fp Hancock HSSOC. P. 1 .Jan-ZZ-03 14; 34 P.02 ._ '-- i RIW11 !31 lrIUIT[l liIltlt�VCT �rMwef�� r0` ri•' '�y1a� Office of the Planning Department Community Development and Services Division f-7� North AnJove i,Massax'husews 01845 s+.e 7.1....1,.,.._.lugs)�.s?t►nM Fax(97K)60-4.542 Town-of Norih Andnwr P9anninv E�nflrri 7?Ch. rlk�q Ctrrrr MnrIh Anif.%vor AAA 1119 1G Plea,=- ate. .i .6ns F L. ! ► A rrt_ ffiL -1— as___- �.___ ... .`iriu �riw. .wY�..p ii;tiu iV c�►ua'aYi iNG 1 k (13PAIL&i"jlLU'Uara io 1VId3,yU.11ii sect. vciK°Tai 4,444 -'tiw%,JLiAIUjI yr try`[uIc r iiutfiii%R(SkiU iu UXWKU a ocroyluk"regarutr%Me granting f cngCd`%r i nr.riiuIar r_ .n—, s*r tll a J_i L`1.211E I��161,J,a I iitl IV%,c)R�jwr" w Uy. Tuis cxientiiun is gTanicd to: March 1,2001 ,,Sikned(nppiicant) Address: Town of North Andover P}annina Board or ReMheln"' ti C= s.- N •=cz N IfUt11tULPrn1'{7.:11\AAK7?+11 1ir97,])f\F:f.IfS{-r)54t ('R\CIR1-�7N1Wt:YflA41ir 17f, i;t-4+{�pv.�)c.tn mn♦♦Ii1r:.;�gs+lSiL_ y PPP— a: f f A• ,1 { _+ CR'i t ,h . 01 ER TO: Town of North Andover Planning Board 27 Charles Street North Andover, MA 01845 PHONE: (978) 688-9535 FAX: (978) 688-9542 Please be advised that I have agreed to extend the time constraints pursuant to 3 d 1 n 3 Massachusetts General Laws 40 A, Section 9, for the Planning Board to make a decision regarding the granting of a SPECIAL PERMIT for property located at: STREET: tofYL�S�GC. � TOWN: luo r -� 40 n &0 V4 F s✓�� NAME OF PETITIONER: Ul'i q"\t 6-oaf o SIGNED: /-�/4(( ,) Petitioner or titioner'sre resentative PLANNING BOARD: (P Board or Planning Board Agent) Apr 031)3 04: 38p Hancock Assoc. 9787744205 p.2 HANCOCK Engineering Associates 235 Newbury Street Danvers,MA 01923 (978)777-3050 Fax (978)774-7816 Bolton, MA April 3,2003 (978)779-6767 Boston,MA Planning Board (617)350-7906 N. Andover Town Offices 27 Charles St. N. Andover,MA 01845 RE: Proposed Car Wash Facility 10 Commerce Way Dear Board Members: On behalf of our client,Vincent Grasso,we would like to update the Planning Board regarding our efforts to finalize the above referenced site plan application package based on the specific requests and comments by the Town of N. Andover Planning Board,as well as the Planning Board's reviewing consultant,Vanasse Hangen&Brustlin. Dennis Bedrosian, Town of N.Andover Wastewater Treatment Plant Superintendent,has informed Mr. Grasso that his obligation to conduct sewer flow testing at the Butcher Boy pump station is no longer necessary. (we are awaiting a follow-through confirmation letter by Mr.Bedrosian). At the request of both Dennis Bedrosian and Tim Willett,they requested if we could release sewer flows from an on-site holding tank during nightime hours. The car wash vendor is currently working on the internal mechanics of the recycling car wash system to accommodate this revision. In addition,the traffic engineer for the project(DJK Assoc.)is still finalizing the traffic management plan,as well as traffic related responses to VHB comments. For these reasons, and at the request of Justin Woods,N. Andover Planning Board Administrator,we are requesting a 60-day time extension to June 30,2003. It is my understanding that the Planning Board agenda for April 22,2003 is currently full. Therefore,we are requesting a continuance to either May 6,2003 or May 20,2003. If you or any other individuals have any questions relating to this request, do not hesitate to call me. w (2, a {CD Very truly yours, CD 'A ! CD James R- Comeau, P.E. Y r:) - Senior Project Manager -� o- ' [ist94Z51eugiueeriugtextuisiott6.dxn Division of Hancock Survey Associates,Inc. Apr 03 .03 04: 38p Hancock Assoc. 9787744205 p. 1 HANCOCK =ACSIMILE LETTER Environmental Consultants 235 Nft"St,tenvem,MA 01923 FATE: �3I3 PROJECT NO ,TTENTIQN: � �ifcc�f� I .oMPANY: n . Ax NUMBER: -6 P 45y2. ROM: CuA4¢0 EJECT: 'OTAL PAGES INCLUDING THIS COYER: 1ISPOSITION/REQUESTED ACTION: ❑ Original to follow by mail ❑As requested ❑ For your use ❑ Please review[comment ❑ Please call me MESSAGE: AC MENTS: - � I Please call us if this fax is of r n cli,.a and Cam fete: Voice (878) 777 3054, Fax (878) 774 7816 he information contained in this communication Is confidential and Is-Intended only for the use of the addresse( ) nauthodzed use,disclosure or copying is strict) prohlblted. � Y Town of North Andover of poRrM , Office of the Planning Department Community Development and Services Division 27 Charles Street °k�rso��19 North Andover, Massachusetts 01845 ht!p://www.townofnorthandover.com Planning Director: iwoods@townofnorthandover.com P (978)09535 J.Justin Woods F (978)688-9542 NOTICE OF DECISION SENT USPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED # r100a 0510 OC Cc) 08gU 1aLA3 Vincent Grasso 10 Commerce Way Site Plan Special Permit The public hearing on the above referenced application was opened by the North Andover Planning Board on August 23,2002 and closed on May 6,2003. Jim Comeau,P.E.and Dick Doherty,PE,of Hancock Engineering,appeared on behalf of the applicant. On May 20,2003,Nardella made,and Angles seconded,a motion to grant a Site Plan Special Permit to allow for the conversion of an existing 8,200 square foot cinder block metal frame warehouse into a 9,800 square foot car wash and related site improvements and landscaping within the Industrial-2 Zoning District,under the requirements of Section 8.3& 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by the by Vincent Grasso, 100 Millpond Road,North Andover,MA,01845. The original application,excluding revised documentation,as cited herein,was filed with the Planning Board on submitted on August 23,2002 with subsequent submittals and extensions on file. The applicant submitted a complete application,which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A,Section 9.The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 4 in favor to 0 against(Schwartz and Phinney were, not present for the vote). A special permit issued by a special permit granting authority requires a vote of at, least four members of a five-member board. See MGL Chapter 40A, Section 9 and Section 10.3(5) of th Town of North Andover Zoning Bylaw. Accordingly, the Application for the Site Plan Special Permit is approved with the attached conditions. The applicant is hereby notified that should the applicant disagree with this decision,the applicant has the right,under MGL Chapter 40A,Section 17,to appeal to this decision within twenty days atter the date this decision has been filed with the Town Clerk. Respectfully Submitted: J Woods,Planning Director -- e North Andover Planning Board: 4 l r) John Simons,Chairman - Alberto Angles,Vice Chairman Richard Nardella,Clerk ' ca _= George White Felipe Schwarz James Phinney,Associate Member BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 68&9540 PLANNING 688-9535 Vincent Grasso 10 Commerce Way Site Plan Special Permit May 21,2003 Page 2 of 3 Appendix A In accordance with North Andover Zoning Bylaws Section 8.3 and 10.3, the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, is met. Specifically the Planning Board makes the following FINDINGS OF FACT: 1. The existing site is located in the Industrial-2 District at the Airport on the corner of Commerce Way and Osgood street within a lot area of approximately 114,000 square feet. The specific site is an appropriate location for the project given that the building is currently vacant. 2. The building as designed will not adversely affect the neighborhood as the project includes substantial j landscaping around the entire site and the abutting properties immediately adjacent to the site are across the streets and commercial in nature. 3. There are no wetland resources or related buffers or ILSF exist at the site. 4. The proposed use is allowed in the I-2 District,and conforms to the applicable dimensional criteria. 5. No increase in runoff rates or volume will occur provided that the drainage infiltration system is constructed as designed. 6. The Town owned sewer pump can handle the additional flow generated by the projects as long as the carwash wastewater pump only pumps between the hours of I IPM to 7PM(off peak hours). 7. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 8. The Planning Board also makes a specific finding that this project generally complies with the Town of, North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following' SPECIAL CONDITIONS: 1) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) A bond in the amount of five thousand($5,000) dollars in the form of a check must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces, topography, and drainage facilities is submitted. The bond is also in place's to insure that the site is constructed in accordance with the approved plan. b) The applicant must submit building elevations and profiles for the rear and sides of the building. 2) Prior to the start of construction: ' a) During construction,the site must be kept clean and swept regularly. j b) A construction schedule shall be submitted to the Planning Staff for the piupose of tracking the' construction and informing the public of anticipated activities on the site. 3) Prior to Building Permit Issuance(Form U): a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed plans must be delivered to the Planning Department. b) One certified copy of the recorded decision must be submitted to the Planning Department. c) The applicant must provide to the Planning Department a recorded copy of the ZBA approval and variance. 4) Prior to issuance of the Certificate of Occupancy: a) The applicant must submit a letter from the architect and engineer of the project stating that the building' signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) The building must comply with applicable state fire and building codes. c) The applicant must provide the Planner with a letter of approval for the wastewater pump station from the North Andover Waxer Treatment Plant Superintendent BOARD OF APPEALS 688-9541 BUILDING688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r Vincent Grasso 10 Commerce Way Site Plan Special Permit May 21,2003 Page 3 of 3 d) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. The Town Planner will review the site and any screening as may be reasonably required by the Town Planner will be added at the applicant's expense. 5) Prior to the final release of security: a) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. b) A final as-built plan showing final topography, the location of all on site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 6) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must be fenced off and covered. 7) The hours for construction shall be limited to between 7:00 a.m, and 5:00 p.m. Monday through Friday and between 8:00 a.m.and 5:00 p.m.on Saturday. 8) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 9) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 10) No open burning shall be done except as is permitted during burning season under the Fire Department!, regulations. 11) No underground fuel storage shall be installed except as may be allowed by Town Regulations. 12) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 13) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building,as presented to the Planning Board,may be subject to modification by the Planning Board. 14) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 15) This Special Permit approval shall be deemed to have lapsed on May 13, 2005 (two years from the date permit granted)unless substantial use or construction has commenced Substantial use or construction will be determined by a majority vote of the Planning Board. 16) The following information shall be deemed part of the decision: Plan Titled: Proposed Car Wash Facility- 10 Commerce Way Prepared by: Hancock Engineering Associates,235 Newbury Street,Danvers,MA 01923 Sheets: 1-6,Scale As Noted Dated: July 30,2002,last revised March 11,2003. Plan Titled: Circulation Plan Prepared by: DJK Associates,280 Main Street,Reading,MA 01864 Sheets: 1-1,Scale 1"= 20' Dated: March 28,2003 Plan Titled: Building Renovation Prepared by: Cubellis Associates,711 Atlantic Avenue,Boston,MA 02111 Sheets: P-1,Scale 3116"= 1' Dated: June 6,2002 cc: Conservation Administrator Police Chief Abutters Director of Public Works Fire Chief Assessor Health Administrator Applicant DPW Building Inspector Engineer File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 T { ~ - Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1!162 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: From: When filling out forms on North Andover Conservation Commission the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Vincent Grasso Name Name reovn 10 Commerce Way Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code Citylrown State Zip Code 1. Project Location: 10 Commerce Way North Andover Street Address City/Town 35 15&45 Assessors Map/Plat Number ParceVLot Number 2. Property recorded at the Registry of Deeds for: Essex North 6318 215 County Book Page Certificate(if registered land) 3. Dates: 7/31/02 2/26/03 J Date Notice of Intent Filed Date Public Hearing Closed Date f Iss ance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): See Attached Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: James R. Comeau, P.E. Name 6. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.12/15/00 age t of 7 r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - order of Conditions 242-1162 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings 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: ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ® Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply Storm Damage Prevention ® Flood Control Furthermore,this Commission herebyfinds 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 standar set forth in the wetlands regulations, to protect those interests checked above.This Commission or ers 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 to protect those interests checked above. 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. ❑ 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). General Conditions (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. Wpaform5.doc•rev.12/15/00 Page 2 of 7 f Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Ll WPA Form 5 - Order of Conditions 242-1162 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 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'r 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 compleed. 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 242-1162 " 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. Wpaform5aoc•rev.12/15/00 Page 3 of 7 f ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - order of Conditions 242-1162 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of I':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. Findings as to municipal bylaw or ordinance Furthermore, the North Andover Conservation hereby finds (check one that appl�ies): Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw 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. ® that the following additional conditions are necessary to comply with a municipal ordinance,or bylaw, specifically: Chapter 178 of the Code of North Andover Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional 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. Wpaform5.doc•rev.12/15/00 Page 4 of 7 DEP FILE#242 - 1162 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent', referenced below. To the extent that the following conditions modify or differ fromthe plans, specifications or other 1rolosals 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 (301) prior to the expiration date of the Order (Refer to Section VIII(B)(p.33) of the North Andover Wetland Regulations). C:\Winword\00C\242-1162.doc 1 NACC 3/17/03 DEP FILE#242 - 1162 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No.242-1162. The Order of Resource Area Delineation associated with the work is issued under File No. 242-1132. 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: Expansion of a parking lot and driveway with associated drainage improvements for a proposed car wash facility using an existing on-site building in the buffer zone of a bordering vegetated wetland and near or within actual habitat of the Blanding's Turtle. 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: Hancock Environmental Consultants 235 Newbury Street Danvers, MA 01923 Dated July 2002 Site Plans prepared by: Hancock Engineering Associates 235 Newbury Street Danvers,MA 01923 Entitled: • Proposed Car Wash Facility Permit Site Plan Stormwater Management Plan, Cover Sheet, Sheet 1, Dated 7/30/02,Last Revised 2/19/03; • Landscape and Lighting Plan, Sheet 2, Dated 7/30/02, Last Revised 1/29/03; CAWinword\00C\242-1162.doc 2 NACC 3/17/03 i DEP FILE #242 - 1162 • Existing Conditions Plan of Land, Sheet 6, Dated 7/19/02; • Proposed Car Wash Facility Details, Sheet 3, Dated 7/30/02, Last Revised 1/29/03; • Proposed Car Wash Facility Details and Notes, Sheet 4, Dated 7/30/02, Last Revised 1/29/03 • Proposed Car Wash Facility Notes and Details, Sheet 5,Dated 7/30/02, Last Revised 1/29/03 i Supplemental Engineering Computations filed by: Hancock Engineering Associates j 235 Newbury Street Danvers,MA 01923 Dated July 8,2002,Last Revised January 22, 2003 Operation & Maintenance Plan (Included in above report) prepared by: Hancock Engineering Associates 235 Newbury Street Danvers,MA 01923 Dated July 10,2002,Revised Through January 29,2003 I Additional Documents: • Letter prepared by Hancock Environmental Consultants, dated 2/4/03;Planting Plan &Construction Schedule (3 pages); • Letter prepared by Division of Fisheries &Wildlife Natural Heritage & Endangered Species Program (NHESP), dated August 29,2002; • Letter prepared by Hancock Environmental Consultants,dated September 20, 2002 (in response to the letter above); • Letter prepared by Division of Fisheries &Wildlife Natural Heritage & Endangered Species Program (NHESP), dated October 21,2002; • Stormwater Management Review letter prepared by Eggleston Environmental, dated November 20,2002; • Letter prepared by Hancock Engineering Associates, dated January 7,2003 (ip response to the letter above); • Stormwater Management Review letter prepared by Eggleston Environmental, dated January 24,2003 (in response to revisions); • Letter prepared by Hancock Engineering Associates, dated February 3, 2003 (in response to letter above); • Stormwater Management Review prepared by Eggleston Environmental, dated February 26,2003 (in response to letter above). j CAWinword\00C\242-1162.doc 3 NACC 3/17/03 DEP FILE#242 - 1162 30. The following wetland resource areas are affected by the proposed work: Bordering Vegetated Wetland (BVW). The proposed work also falls near or within actual habitat of the Blanding's Turtle, a state-protected rare wildlife species. 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. i 31. The NACC agrees with the applicant's delineation of the wetland resource areas,on the site as shown on the plans dated referenced herein. 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 (501 No-Construction Zone shall be established from the edge of the adjacent wetland resource area (except for the existing structure and previously disturbed areas within the No-Disturbance Zone). The site plan exhibits several areas where a rip-rap slope is proposed up to the 25' No-Disturbance zone. However,the base of the rip-rap slope in these areas shall conform to the setback and shall not rest and/or overtop the erosion controls at any time. The Conservation Administrator and/or other agents of the NACC Flo not have the authority to waive these setbacks as established under the local byl No disturbance of existing grade,soils or vegetation is permitted in the No- Disturbance zone. (See Section III(D) &Appendix G of the local Regulations). 7 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 t0 alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage lin the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these! Conditions does not in any way imply or certify that the site or downstream-areas will not be subject to flooding, storm damage or any other form of water damage: Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. I; . CAWinword\00C\242-1162.doc 4 NACC 3/17/03 r DEP FILE#242 - 1162 II 35. The NACC finds the applicant's proposal for wetland restoration/enhancement to be adequate. The restoration/enhancement areas shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction sequence. (Refer to Section III(E)W(page 17)of the local Regulations for performance standards). 36. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding,storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. 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. immediately 38. This Order shall be recorded by the applicant at the Registry of Deeds d tely after the expiration.of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. 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 242-1162." 40. Any changes in the submitted plans caused by the applicant, another Board's ii decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a CAWinword\00C\242-1162.doc 5 NACC 3/17/03 i DEP FILE#242 - 1162 revised plan and an explanation of the revisions shall be submitted to the NACC I',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. 41. 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. 42. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval, a detailed sequence of construction,including the construction of compensation and retention areas, installation of sedimentation/erosion control 'ii devices and re-vegetation to be completed before other work begins on-site. 43. Wetland flagging shall be checked prior to start of construction and shall be re established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until 1 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.'i Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil,or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 44. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example,installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commission's request. 45. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling, a minimum of 40 hay bales and sufficient stakes for staking these bales CAWinword\00C\242-1162.doc 6 NACC 3/17/03 DEP FILE#242 - 1162 (or an equivalent amount of silt fence). Said bales shall be used only for the conitrol of emergency erosion problems and shall not be used for the normal control of erosion. 46. The restoration/mitigation areas shall be constructed in accordance with the approved plan and restoration report identified above. The restoration and planting areas must be monitored for two complete growing seasons by a qualified wetland scientist and monitoring reports shall be submitted to the Conservation Commission in the spring and fall for two growing seasons upon completion of planting activities. 47. A check payable to the Town of North Andover shall be provided in the amount of $50,000 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,h!ve been made for performance of any conditions which are of continuing nature. Al bond reduction will not be released until the issuance of a Certificate of Compliance.This condition is issued under the authority of the local ByLaw. 48. The applicant shall designate a Wetland Scientist as an "Erosion Control Moni or" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period,', including weekends. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once during each week in which construction activities occurs on-site and for as long] thereafter as ground remains unstabilized,the applicant shall submit a written report from the "Erosion Control Monitor"to the NACC certifying that,to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 49. Prior to construction, the applicant shall permanently mark the edge of the "25" No- Disturbance Zone"with signs or markers spaced evenly every 25 feet CAWinword\00C\242-1162.doc 7 NACC 3/17/03 r DEP FILE #242 - 1162 incorporating the following text: "Protected Wetland Resource Area". This will designatesensitivity their sensitive 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. 50. 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 prior to the closing of said land transaction. 51. 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 o ensure that all of the Conditions of this Order are understood. This Order shall e included in all construction contracts, subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. Th applicant shall assure that all contractors,subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditio . Thereafter,the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre'- construction meeting (e.g. 72 hours). DURING CONSTRUCTION 52. Upon beginning work,the applicant shall submit written progress reports every one (1) 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. 53. De-wateringactivities anticipated shall be supervised and witnessed by the p p � designated erosion control monitor. This designee must be on-site while work C:AWinword\00C\242-1162.doc 8 NACC 3/17/03 DEP FILE#242 - 1162 specific to de-watering activities are occurring and until complete. De-watering activities shall be conducted in accordance with a de-watering plan to be submitted and approved by the Conservation Department.Activities shall be monitored daily by the erosion control monitor to ensure that sediment laden grater 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 W 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. 54. 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. 55. No exposed area shall remain unfinished for more than thirty (30) days,unless approved by the NACC. 56. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:liI vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 57. There shall be no stockpiling of soil or other materials within twenty-five (25) felet of any resource area. 58. After proper grading, all disturbed areas located shall be loamed (minimum of 4" of quality loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction,shall be restored to their original gr Ade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 59. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system,or wetland resource area. 60. All waste generated by, or associated with,the construction activity shall be contained within the construction area,and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. j II CAWinword\OOC\242-1162.doc 9 NACC 3/17/03 I DEP FILE#242 - 1162 61. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 62. 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 thee, 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. STORMWATER MANAGEMENT CONDITIONS 63. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, Operation and Maintenance Plan and the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 64. 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 and stormceptor units shall be free of all accumulated silt and debris before a Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. Maintenance of the stormceptor unit and catch basins are a continuing condition of this Order. 65. Visual inspections of the drainage structures must be conducted after eve 1-inich P g every rainstorm for the first six months of operation,and after each 2 inch rainfall for the following 6 months. 66. The applicant's engineer shall specify in detail the definition of"the frequency of backflow that would be indicative of system failure"in order to establish a guideline during maintenance inspections. The guideline shall be submitted in writing to the Conservation Commission prior to commencement of activities on site. 67. All stormwater best management practices shall be maintained as.specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance of the stormwater management system shall be provided to the NACC in writing in the spring and fall by a Registered Professional Civil Engineer for a period of two O CAWinword\00C\242-1162.doc 10 NACC 3/17/03 DEP FILE#242- 1162 years from the date said structures go "on-line".Documentation of theinspecltion and cleaning of the stormceptor unit must be included in the maintenance reports. 68. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alte the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved writing by the NACC. 69. Water quality in down gradient 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. I 70. The applicants,owners, and their successors and assignees,shall maintain all 11 culverts, collections basins,traps, stormceptor units 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 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. 71. Upon completion of the construction of the stormwater drainage system,an as p g Y built plan must be prepared and stamped by a Registered Professional Engineer (P.E) and certification by a P.E.must be submitted stating that the systems have been constructed in accordance to the approved plans.Certification materials must be submitted within 60 days from the date the system goes on-line. AFTER CONSTRUCTION 72. No underground storage of.fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued :: under the authority of the Town's Wetland protection ByLaw. 73. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. I CAWinword\00C\242-1162.doc ll NACC 3/17/03 i i DEP FILE#242 - 1162 74. No road salt,sodium chloride,or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. Permanent signs designating "No-Salt Zone" and "No-Snow Stockpiling Zones" shall be displayed in prominent locations. Snow Stockpiling areas are detailed on the approved plan and these specific locations shall be adhered to in perpetuity. 75. Upon completion of construction and grading, all disturbed areas located outsidl�e 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&I chosen, stabilization will be considered complete once vegetative cover has been'',, achieved. , 76. Upon completion of the project the applicant shall submit the following to the j 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 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. i. A letter from a qualified wetland scientist stating the restoration/mitigation area has been completed in compliance with the approved planting plan and has successfully survived through two growing seasons. j. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and a Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland! resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. CAWinword\00C\242-1162.doc 12 NACC 3/17/03 DEP FILE #242 - 1162 ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffet zone which is regulated as a resource area under the local Wetland Protection Bylaw. i ➢ Location of replication/enhancement areas. i ➢ 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. !i ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 77. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25'No-Disturbance Zone and a 50'No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 1 0' of existing wetland resource areas will require a separate filing with',the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones)The Conservation Administrator and/or other agents of the NACC do not have the li authority to waive these setbacks as established under the local ByLaw; ➢ Maintenance of catch basins and stormceptor units(Condition#64 ➢ Discharge or spillage of pollutants (Condition# 62); ➢ Prohibition of underground fuels (Condition#72); ➢ Limitations on the use of fertilizers,herbicides,road salts, de-icing compounds and pesticides(Conditions#73 & 74) ➢ 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. CAWinword\00C\242-1162.doc 13 NACC 3/17/03 i . I OPERATION 8v MAINTENANCE PLAN PROPOSED CAR WASH FACILITY 10 COMMERCE WAY NORTH ANDOVER, MASSACHUSETTS Pursuant to Permitting Requirements under Massachusetts Department of Environmental Protection Stormwater Management Policy Massachusetts Wetlands Protection Act (MGL Chapter 131, Section 40) Hancock EngineeringAssoc. - 235 Newbury Street Danvers, Massachusetts 01923 July. 10, 2002, Rev. Jan. 2, 2003. Rev. Jan 29, 2003 i 1. INTRODUCTION The following Operation and Management Plan has been prepared anag p d Cin h P behalf of Mr. Vincent Grasso, 10 Mill Pond North And MA, to satisfy permitting requirements - under the Massachusetts Department of Environmental Protection Stormwater Management Policy. As such, the Plan contains operation and management procedures recommended within the DEP publication: Stormwater Management, Volume Two: Stormwater -Technical Handbook, March 1997. 2. STORMWATER MANAGEMENT SYSTEM OWNER Mr. Vincent Grasso 10 Mill Pond North Andover, Ma (978) 502 - 6239 3. ' PARTY RESPONSIBLE FOR OPERATION AND MAINTENANCE Mr. Vincent Grasso 10 Mill Pond North Andover, Ma 502 6239 'I 4.. MAINTENANCE TASKS AND SCHEDULE The following section identifies routine and non-routine maintenance tasks for the proposed stormwater management, along with associated schedules for inspection and maintenance. 4.1 CONSTRUCTION PERIOD All efforts will be made to avoid impacts to nearby wetland areas. Durin the construction period, the..erosion control methods as presented on the sit plan will be installed and periodically inspected to check sedimentation' . minim1ze the exposure of areas, and revegetate or stabilize exposed soils a� soon as possible. Structural .and vegetative methods will be used to minimize erosion and control any sedimentation that may occur. All activities within the plan will adhere to Soil Conservation Service guidelines, as well as the specifications detailed by DEP in the publication Protecting Water uali inn Urban Areas (Minnesota Pollution Control Agency, 1989. Published by: Office of the Massachusetts Secretary of State, Michael Joseph Connolly, Secretary) The following measures will be employed. 4.1.1 _General Notes . II • The construction contractor shall maintain all sedimentation and erosion I control structures throughout the project site for the duration of the construction. These devices will be inspected and maintained on a daily basis. . The proposed plan will minimize the exposure of areas during construction in order to minimize the erosion process. In addition, exposed areas will be stabilized and revegetated as soon as possible. No earthmoving activities will take place prior to the establishment of', erosion and sedimentation control measures: • Deposited sediment collected by the erosion control measures will be removed periodically, and the condition of the siltation barrier will be maintained until such time that the site has been adequately stabilized with permanent grass cover or pavement. Areas that will be bare for a period of more than one month,'but less than twelve months, will be stabilized by means of appropriate temporary vegetative cover. The cover will be one or a mixture of the following fast- growing grasses: annual ryegrass, sudangrass, millet, winter rye. • Proposed diversion swales and other drainage structures on-site will be inspected regularly and cleaned of accumulated sediment, grit,and other debris as needed in order to maximize effectiveness. 4.1.2 Construction Sequencing and Erosion Control • erosion r n control barrier will be installed and functioning at e limits of construction. * The proposed earthwork areas will be cleared and existing pavement areas will be excavated. • All slopes greater than 3:1 shall be seeded and mulched and installed within 72 hours of completion. • All diversion swales and ditches with slopes exceeding.5%.shall be stabilized with jute netting. • Pavement subgrade areas shallbe constructed,. followed by placement of subbase in all areas to be paved. Install utilities. Place pavement base courses and compact. • All pavement areas to be stabilized immediately after grading, Begin temporary and permanent seeding and mulching. All cut and fill slopes shall be seeded and mulched immediately after construction of 'these areas. The maximum area allowed to be disturbed and left unstabilized is two acres per drainage area. • Bituminous concrete pavement to be placed. • Temporary diversion channels to be constructed as required. • Daily or as required, construct temporary berms, drainage-ditches'. silt fences, haybales, etc. Mulch and seed as required. • No permanent planting to be placed prior to 1 May nor, after 1'L September. • All disturbed areas.shall be stabilized with fast-growing grass and; mulch, and not left bare for more than 30 days nor over the winter; months. • Complete permanent seeding and landscaping. � II • All diversion swales shall be properly stabilized before directing flow to them. • After site is sufficiently stabilized by vegetation or pavement, remove temporary control measures and accomplish final clean- up. As part of final clean-up, pavement surfaces shall be sw t and the entire stormwater management sytem that is accessible e cleaned of sand, silt, trash, and other deleterious materials. • For the first 6 months after construction, the stormwat er management system shall be inspected after each major storm event (equivalent to 2" of rainfall) to ensure their proper operation. .4.2 POST-CONSTRUCTION AND LONGTERM MAINTENANCE 4.2.1 Stormwater Management System Catch Basin Sumps • Catch basin sumps will be routinely inspected once monthly fc!r accumulated sediment and trash, and cleaned as needed with a vacuum pump. • Cleanings will occur at a minimum of 4 times per year. • Removed sediment and other materials will be disposed off-site in accordance with current DEP policy and regulation. Flour Diffusors • Flow diffusors will be inspected at a minimum of once per year (inlet/outlet four times per year), and cleaned as needed. • Removed sediment and other materials will be disposed off-site in accordance with current DEP policy and regulations. • For the first six months after construction, and annually therafter, the overflow manhole servicing the flow diffusors shall be opened and inspected after each major storm (equivalent to 2" of rainfalls to determine if backflow is occurring from the flow diffusors. If backflows occur on a regular basis, flow diffusors shall be replaced by completely excavating the existing flow diffusors and totally replacing the existing stone aggregate. Flow diffusors can be reused once inspected and deemed structurally sound by the North Andover Town Engineer/D.P.W. Director, or his representative. Vortechnics Devices Refer to the following vendor maintenance schedule: Insapection In the first year of operation, frequent inspections of the accumulated sediment volume within the aluminum grit chamber are necessary to establish on appropriate maintenance plan. Vortechnics recommends seasonal inspectiohs during the first year. Inspections should be performed more often in the winter months in climates where sanding operations may lead to rapid accumulations, or in equipment washdown areas. After the first year, the inspection schedule should be reviewed and modified according to experience. It is very useful to keep a record of each inspection. A simple form for doing so is provided. The Vortechs System only needs to be cleaned when inspection reveals that',it is nearly full; specifically, when sediment depth has accumulated to within slix. inches of the dry-weather water level, This determination can be made by taking 2 measurements with a stadia rod or similar measuring device: one measurement is the distance from the manhole opening to the top of the. sediment pile and the other is the distance from the manhole opening to the' water surface. If the difference between the two measurements is less than six inches the system should be cleaned out. .Note: to avoid underestimating the volume of sediment in the chamber, the measuring device must be lowered to the .top of the sediment pile carefully. Finer, silty particles at the top of the pile typically offer less resistance to the end of the rod than larger particles toward- the bottom of the pile. In Vortechs installations where the risk of large. petroleum spills is small, liquid contaminants may not accumulate as-quickJy as sediment. However, an oil or gasoline spill should be cleaned out immediately. Oil or gas that accumulates on a more routine basis should be removed when anappreciable layer has been captured. i Cleaning a.vacuum truck is generally most 0 of the Vortechs tem with g Y the mo Cleanout effective and convenient method. Cleanout should not occur within 6 hours 'of a rain event to allow the entire collection system to drain down. Properly maintained Vortechs Systems will only require evacuation of the grit chamber portion of the system, in which case only the manhole cover nearest to the system inlet need be opened to remove water and contaminants. However, all chambers should be checked to ensure the integrity of the system. In F r i installations where a "clamshell" is being utilized for solids removal, prior to removing the grit, absorbent pads or pillows can be placed in the oil chamber to remove floating contaminants. Once this is done, sediment may then be easily removed with the clamshell In some cases, it may be necessary to pump out all chambers. An important maintenance feature built into Vortechs Systems is that floatables remain trapped after a Gleaning. A pocket of water between the grit chamber and the outlet panel keeps the bottom of the baffle submerged, so that all floatables remain trapped when the system begins to fill up again. Therefore, in the event, of cleaning other chambers it is imperative that the grit chamber be drained' first. Manhole covers should be securely seated following cleaning activities, to, ensure that surface runoff does not leak into the unit from above. Water Quality Swale • Mow swale at least once yearly. At no time will Swale bottom and side slopes be cut shorter than 4". • Cleanings and inspections will occur at a minimum of 2 times per year. • Removed sediment and other materials will be disposed off-site in II', accordance with current DEP policy and regulation. Roof Infiltration Trenches • If continual overflowing occurs at 2" roof leader openings due to complete siltation of these devices, crushed stone roof infiltration trenches shall be replaced by completely excavating the existing crushed stone and totally replacing the existing stone aggregate. Perforated polyvinyl chloride pipes can be reused once inspected and deemed structurally sound by the North Andover Town Engineer/D.P.-W. Director, or his representative. 4.2.2 Pavement Areas • Pavement areas (parking lots and driveways) will be routinely swept twice monthly. Sweepings willbe disposed off-site in accordance with DEP policy and regulation. • Paved areas will be inspected for damage and debris on a once yearly basis each spring. Repaving as needed will repair damage to pavement. � i' a 4.2.3 Lawn Maintenance • Managed lawn areas will continue to be maintained on a minimal bass with fertilizers and watering. • In currently grassed areas that must be revegetated as a result of the proposed work, they are proposed to be minimally fertilized and waterejd when reseeded with grass species to allow rapid cover and SO it stabilization. Regular fertilization of these areas is not proposed aft r grass cover is reestablished. • In order to maintain the vegetative stabilization, lawn in these areas will be inspected annually each spring and reseeded as needed. 4.2.4 Snow and Ice Removal • No sodium chloride de-icing chemicals will be used on all on-site paved surfaces. • Calcium chloride will be used as a de-icing chemical where needed fo l public safety. This material will be stored internally. • Snow disposal will be limited to areas indicated on the Permit Site Plan. and prohibited within 25' of wetland resource areas and within the water quality swales. 4.2.5 Roof Maintenance The roof will be inspected. on a biannual basis in order to maintain it'6 condition. The roof will be repaired as specified by the manufacturer' where chipping, wear, or other defects are observed in the surface. 4.2.6 Chain Link Fence The chain link fence will be cleaned weekly for paper-type trash. 4.2.7 Daily Housekeeping The Applicant has committed to. an aggressive schedule of- servicing' relating to the trash receptacles and dumpster since the cleanliness of', this facility is perceived to be in the Applicant's best interest for ongoing business. The management will appoint a designated staff person who', will have the responsibility of policing and the entire facility on a daily basis for trash and other debris. 7 . • Trash Receptacles and Dumpster The trash receptacles will be emptied ri P p o a daily basis with the dumpster being emptied on as-needed basis, with a minimum off-site gash pick-u' schedule at least on a weekly basis. • Courtesy Areas i All courtesy areas (vacuum pumps, designated areas for automobile towel drying, etc.) will be policed on a daily basis for purposes of picking up trash, cigarette butts and other debris left inadvertently by patrons. ' I A J Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1162 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 rovided by DEP B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See Attached This Order is valid for three years, unless otherwise specified as a special condition pursua to General Conditions#4,from the date of issuance. Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A co so must be mailed or hand delivered Wsamehe appropriate Department of Environ tal tion � egional Office (see Appperty owner(if different from applic Signatu es: i On /� Of Day Month and Year before me pe onally appeared l,✓/, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and d d. g6tary Public My Comm' io Expires This Order is issued to the applicant as follows: ❑ by hand delivery on UI- y certified mail, return receipt requested, on Date Date e5of7 Pa Wpaform5.doc-rev.12/15/00 i g r LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1162 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals The applicant,the owner, any person aggrieved by this Order, any owner of land abutting tfle land subject to this Order, or any ten residents of the city or town in which such land is located, are here'y notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of onditions. The request must be made by certified mail or hand delivery to the Department, with the ap ropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, a 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. The request shall state clearly and concisely the objections to the Order which is being app aled and how the Order does not contribute to the protection of the interests identified in the Massachuse Is Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 MR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Ma sachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. D. 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 Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Conservation Commission �I Wpaform5aoc•rev.12/15/00 Page 6 of 7 r , LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions R ,DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation ommission. --------------------------------------------------------------------------------------------------------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page i for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance rda ce 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 Page 7 of 7 Wpaform5.doc•rev.12/15/00 DEP FILE #242 - 1162 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &!or 2. 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. & 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. & 4. I hereby affirm and acknowledge that on this day of 19 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 Order of Conditions are presently in compliance. (DEP File#) & 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) i C:\Winword\00C\242-1162.doc 14 NACC 3/17/03 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: 1. Person or party making request(if appropriate, name the citizen group's representative): When filling out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do CitylTown State Zip code not use the return key. Phone Number Fax Number(if applicable) rab Project Location Mailing Address renrr, CityfTown State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area delineation (Form 4A);or Request for Determination of Applicability(Form 1)): Name Mailing Address City(Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00,payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5.doc•Appendix E•rev.8/27/02 Page 1 of 2 I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Prder is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a'Superseding Determination or Order by.certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. 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. wpaform5.doc•Appendix E•rev.8/27/02 Page 2 of.2 I