HomeMy WebLinkAboutMiscellaneous - 1025 OSGOOD STREET mom T i,
RECEIVED
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Town of North Andover Planning Boar
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Application for Site Plan Special Permit Mod &W 3 AS I I. 5
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I. Petitioner: Hearthstone Realty Corn,
Petitioner's Address: 28 Andover Street,Andover,MA 01810
Telephone number: 978)475-5400
2. Owners of the Land: Goodwin Trust,Cf0 Russell Treadwell
Address: 3667 HuM#ggton Place Drive.Sarasota,FL 34237
Number of years of ownership: 38
3, Year lot was created: 1%6
4. Description of Proposed Project:
The proposed project includes but is not limited to the construction of a retail
building,a 25'drive aisle surrounding the building and appropriate parking facilities.
5. Description of Premises:
Currently the site is occupied by Treadwell's Ice Cream stand and is bounded by
Osgood Street and Great Pond Road to the north, Cochichewick Lake to the East and
Business Zoned developments to the west. The building is located in the middle of the site
along the north and has an existing parking lot also along the northern boundary line.
Behind the building is a wooded area,which leads to an open field below a retaining wall
with varying height.
6. Address of Property Being Affected 1025 Osgood Street,North Andover
Zoning District: General Business
Assessors: Map: 35 Lot# 20
Registry of beds: Book#: 1074 Page#: 38
7. Existing Lot:
Lot Area(Sq.Ft) 77,845 BuildingHeight 17'
Street Frontage: 531.10' Side Setbacks: 25'
Front Setback: 25' Rear Setback: 5'
Floor Area Ratio: 0.75:1 Lot Coverage: 35%
8. Proposed Lot(if applicable):
Lot Area(Sq.Ft) 77,845 Building Height <45'
Street Frontage: 531.10' Side Setbacks: 35'
Front Setback: 25' Rear Setback: 45'
Floor Area Ratio: 0.20:1 Lot Coverage: 11.7%
9. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft) 25,000 Building Height 45'
Street Frontage: 125' Side Setbacks: 25'
Front Setback: 25' Rear Setback: 35'
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Floor Area Ratio: N/A Lot Coverage: 35%
10. Existing Building(if applicable):
Ground Floor(Sq.Ft.) 1,487 #of Floors: 1
Total Sq.Ft 1487 Height: <4S'
Use: ICE CREAM STAND Type of Construction CONE.BLOCK
11. Proposed Building.
Ground Floor(Sq.Ft.) 7,614 sf #of Floors: 2
Total Sq.Ft. 15,, 28 sf Height: <45'
Use: Retail Building Type of Construction, CONC.BLQCK
12. Has there been a previous application for a Special Permit from the Planning Board on these
premises? YES If so,when and for what type of construction? December 2004,
Watershed Special Permit for an addition to Treadwell's Re Cream Stand, October 2405,
Watershed Special Permit and Site Plan Special Permit for the construction of a 6,068 sf
retail/office building.
13. Section of Zoning Bylaw that Special Permit Is Being Requested N.A.Z.Section 4.136 3 c.ii
(1),(2),(5)
NAZB Section 8.3 j
14. 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 Regulations may result in a dismissal by the Planning Board
of this application as incomplete
Petitioner's Signature: (�
Print or type name here: (f (&P A,'S
Owner's Signature: 3 /IlCc � -
Print or type name here: 8 raid(,.
15. Please list title of plans and documents you will be attaching to this application.
Site Development Plans for Treadwell's Re-Development
1025 Osgood Street
North Andover,MA 01845
Dated: June 21,2006
Prepared by: MHF Design Consultants,Inc.
103 Stiles Road,Suite One
Salem,NH 03079
Stormwater Management,Drainage Calculations,&Best Management Practices
Map 35 Lot 20
1025 Osgood Street
North Andover,MA 01845
Prepared by: MRF Design Consultants,Inc.
103 Stiles Road,Suite One
Salem,NH 03079
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RECEIVED
Town of North Andover Planning Board ' 4
Application for Watershed Special Permit M MBU 11: 50
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Please type or print clearly. t tie
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1. Petitioner: Hearthstone Realty Corp.
. ,
Petitioner's Address: 28 Andover Street,Andover,MA 01810
Telephone number: (978)475-5400
2. Owners of the Land: Goodwin Trust,C/O Russell Treadwell
Address: 3667 Huntington Place Drive,Sarasota,FL 34237
Number of years of ownership: 38
3. Year lot was created: 1966 j
I
4. Description of Proposed Project:
The proposed project includes but is not limited to the construction of a retail
building,a 25'drive aisle surrounding the building and appropriate parking facilities. j
5. Description of Premises:
Currently the site is occupied by Treadwell's Ice Cream stand and is bounded by
Osgood Street and Great Pond Road to the north, Cochichewick Lake to the East and
Business Zoned developments to the west. The building is located in the middle of the site
along the north and has an existing parking lot also along the northern boundary line.
Behind the building is a wooded area, which leads to an open field below a retaining wall
with varying height.
6. Address of Property Being Affected 1025 Osgood Street,North Andover
Zoning District: General Business
Assessors: Map: 35 Lot# 20
Registry of Deeds: Book#: 1074 Page#: 38
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7. Existing Lot:
Lot Area(Sq.Ft) 77,845 BuildingHeight 17'
Street Frontage: 531.10' Side Setbacks: 25'
Front Setback: 25' Rear Setback: 35'
Floor Area Ratio: 0.75:1 Lot Coverage: 35%
i
8. Proposed Lot(if applicable):
Lot Area(Sq.Ft) 77,845 Building Height <45'
Street Frontage: 531.10' Side Setbacks: 35'
Front Setback: 25' Rear Setback: 45'
Floor Area Ratio: 0.20:1 Lot Coverage: 11.7%
i
9. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft) _ 25,000 Building Height 45'
Street Frontage: 125' Side Setbacks: 25'
Front Setback: 25' Rear Setback: 35'
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Floor ,Area Ratio: N/A Lot Coverage: 35%
10. Existing Building(if applicable):
Ground Floor(Sq.Ft.) 1487 #of Floors: 1
Total Sq.Ft. 1,487 Height: <45'
Use: ICE CREAM STAND Type of Construction CONC.BLOCK
11. Proposed Building:
Ground Floor(Sq.Ft.) 7,614 sf #of Floors: 2
Total Sq.Ft. _ 15,228 sf Height: <45'
Use: Retail Building Type of Construction CONC.BLOCK
12. Has there been a previous application for a Special Pernut from the Planning Board on these
premises? YES If so,when and for what type of construction? December 2004,
Watershed Snecial Permit for an addition to Treadwell's Ice Cream Stand, October 2005
Watershed Special Permit and Site Plan Special Permit for the construction of a 6,068 A
retail/office byiildin¢
13. Section of Zoning Bylaw that Special Permit Is Being Requested N.A.Z, Section 4.136 3 c.ii j
(1)L(2)4(5)
NAZB Section 8.3 a
i
14. Petitioner and Landowner siguature(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 Regulations may result in a dismissal by the Planning Board
of this application as incomplete.
E
Petitioner's Signature: /s/ L
Print or type name here:
Owners Signature:
Print orlype name here:
15. Please list title of plans and documents you will be attaching to this application.
Site Development Plans for Treadwell's Re-Development
1025 Osgood Street
North Andover,MA 01845
Dated: June 21,2006
Prepared by: MHF Design Consultants,Inc.
103 Stiles Road,Suite One f
Salem,NH 03079
Stormwater Management,Drainage Calculations,&Best Management Practices
i
Map 35 Lot 20
1025 Osgood Street
North Andover,MA 01845
Prepared by: MHF Design Consultants,Inc.
103 Stites Road,Suite One
Salem,NH 03079
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1308
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: 1. Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Eric McCarthy Hearthstone Realty Corporation
use the return a. First Name b. Last Name c.Company
key. 28 Andover Street
d.Mailing Address
'� Andover MA. 01810
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Goodwin Trust c/o Russell Treadwell
a.First Name b.Last Name c.Company
3667 Huntington Place Drive
d.Mailing Address
Sarasota FL. 34237
e. City/Town f.State g.Zip Code
5. Project Location:
1025 Osgood Street North Andover
a.Street Address b.City/Town
Map 35 Lot 20
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known (note: 42d-42'-52" N 71d06'59"W
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 parcel):
Essex North
a. County b.Certificate(if registered land)
1074 38
c. Book P.Page
3/31/05 0 S'
7. Dates: a.Date Notice of Intent Filed b.Date Ffublicearing Closed c. Dafe 6fAssuance
a. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Development Plans
a. Plan Title
MHF Design Consultants, Inc. Christopher Francher, P. L. S., Frank C. Monteiro
b. Prepared By P. E.
dioly* 1,,=20'
d. inal Revision Date e.Scale
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid: $2, 245.00 $867.50 $ 1,377.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.3/1/05 Page 1 of 9
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Massachusetts Department of Environmental Protection
L7�� Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 Order of Conditions 242-1308
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 this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations.This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.06(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary (if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank
a.linear feet b.linear feet c. linear feet d.linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways,
e.cu.yd dredged f.cu.yd dredged
wpaform5.doc• rev,3/1/05 Page 2 of 9
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Massachusetts Department of Environmental Protection
i
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1308
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
s. ❑ Designated Port
Areas Indicate size under Land Under the Ocean, below
1o. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches
a.square feet b.square feet c.c/y nourishmt d.cty nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c y nourishmt
14. ❑ Coastal Banks a.linear feet b.linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.311/05 Page 3 of 9
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Massachusetts Department of Environmental Protection
r,
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1308
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection"[or, WA DEP"]
"File Number 242-1308 "
wpaform5.doc• rev.3/1/05 Page 4 of 9
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L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
1 WPA Form 5 - Order of Conditions 242-1308
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP Fite Number:
WPA Form 5 - Order of Conditions 242-1308
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a. Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows:
space for
addit;onal See attached
conditions,
select box to
attach a text
document
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DEP FILE# 242 - 1308
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 from the plans, specifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights except those
specifically stated in condition 20 herein. However, the NACC, agent of the NACC or the
Department of Environmental Protection(DEP) reserves the right to enter and inspect the
property at all reasonable times until a Certificate of Compliance is issued, to evaluate
compliance with this Order of Conditions, the Act(310 CMR 10.00),the North Andover
Wetland ByLaw and Regulations, and may require any information, measurements,
photographs, observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall be
halted on the site if the NACC, agent or DEP determines that any of the work is not in
compliance with this Order of Conditions. Work shall not resume until the NACC is
satisfied that the work will comply and has so notified the applicant in writing.
20 This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state or local statutes, ordinances,by-laws or regulations.
21. The work authorized hereunder shall be completed within three years from the date of this
order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30)prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information so
warrant.
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.
C:\Winword\OOC\10250sgood/Teadwells.doc 1 NACC 9/15/2005
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DEP FILE #242 - 1308
25. This Order of Conditions is issued under File No. 242-1308.
26. The conditions of this decision shall apply to,and be binding upon, the applicant, owner, its
employees and all successors and assigns in interest or control. These obligations shall be
expressed in covenants in all deeds to succeeding owners of portions of the property.
27. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of Intent,
supporting documents and this Order of Conditions. The NACC shall be notified in writing
within 30 days of all transfers of title of any portion of property that takes place prior to the
issuance of a Certificate of Compliance.
28. The proposed work includes: the construction of a 3-story retail/office building with
associated parking,utilities, grading, and stormwater management facilities within the
buffer zone to a Bordering Vegetated Wetland. Proposed work is also located within the
Watershed Protection District. The applicant filed separate plans to reflect several phases
of the project (Phase I &Phase II), however all work under both phases are a part of this
Order of Conditions.
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: Hearthstone Realty Corp. (Applicant)
28 Andover Street
Andover,MA 01810
Entitled "Treadwell's Ice Cream Stand"
Dated March 18,2005,Received April 1,2005
Prepared by: MHF Design Consultants,Inc.
103 Stiles Road, Suite 1
Salem,NH 03079
Site Plans prepared by: MHF Design Consultants, Inc.
Entitled,"Site Development Plans for Treadwell's Re-
Development"consisting of sheets 1-8, dated January 28,2005
with revisions made through August 10,2005.
Stamped & Signed by Frank C. Monteiro, P.E.
Sheet 1 of 8 Entitled,"Cover Sheet"
Sheet 2 of 8 Entitled, "Existing Conditions Plan"
Sheet 3 of 8 Entitled,"Site Development Plan"
Sheet 4 of 8 Entitled, "Grading, Drainage Utilities & Erosion
Control Plan"
Sheet 5 of 8 Entitled,"Site Details"
Sheet 6 of 8 Entitled,"Grading, Drainage &Erosion Control
Details"
Sheet 7 of 8 Entitled,'Water &Sewer Details"
C:\Winword\OOC\I 0250sgood/Teadwells.doc 2 NACC 9/15/2005
DEP FILE #242 - 1308
Sheet 8 of 8 Entitled, "Roof Infiltration System/Underground
Detention System Details".
Sheet 1 of 1 Entitled, "Fire Truck Access Plan"
Sheet 1 of 1 Entitled, "Lighting Plan"
Additional Plans: Prepared by MHF Design Consultants, Inc.
Entitled "Site Plan Special Permit Plans for Treadwell's Re-
Development Phase I, consisting of sheets 1 -4, dated February
9,2005, last revised 8/10/05
Entitled "Watershed Special Permit Plans for Treadwell's Re-
Development Phase I"consisting of sheets 1-4, dated February
9,2005,last revised 8/10/05. Stamped & Signed by Frank C.
Monteiro,P.E;
Other Reports, Plans &
Documents: "Stormwater Management,Drainage Calculations &Best
Management Practices" Report,last revised dated August 3,
2005,prepared by MHF Design Consultants, Inc.;includes the
Stormwater Operation and Maintenance Plan (Section 6,pages
10 &11);
Plans entitled "Pre Development Drainage Figure" &"Post
Development Drainage Figure", dated January 28,2005,last
revised 8/3/05 prepared by MHF Design Consultants,Inc.;
Letter from Division of Fisheries &Wildlife Natural Heritage
Endangered Species Program dated May 4,2005;
Review letter prepared by Lisa Eggleston,Eggleston
Environmental dated June 7,2005;
Response letter prepared by MHF Design Consultants, Inc.
dated July 6,2005;
Review letter prepared by Lisa Eggleston,Eggleston
Environmental dated July 27,2005;
Response letter prepared by MHF Design Consultants, Inc.
dated August 3,2005;
Review letter prepared by Lisa Eggleston, Eggleston
Environmental dated August 10,2005;
Response letter prepared by MHF Design Consultants,Inc.
dated August 15,2005.
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DEP FILE #242 - 1308
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW). This resource area is significant to the interests of
the Act and Town Bylaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site
as shown on the plans dated referenced herein. The resource area delineation was
approved under an ORAD issued on 9/12/03 (242-1211)and reconfirmed for this project.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this
site will cause further alteration of the wetland resource areas. In order to prevent any
alteration of wetland resource areas a twenty-five foot(25') No Disturbance Zone and a
fifty-foot (50') No Construction Zone shall be established from the edge of the adjacent
wetland resource area. The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the local bylaw. No
disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone.
(See Section 3.4 &Appendix F of the local Regulations).
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting contract
requirements. The applicant shall assure that all contractors, subcontractors, and other
personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
34. The owners of the project and their successors in title, in the event they proceed to alter areas
subject to the Commissions jurisdiction under the order, agree that the Order-does not in
itself impose upon the Town any responsibility to maintain the proposed drainage system
and that said Town shall not be liable for any damage in the event of failure. By acceptance
of this Order, the owners agree to indemnify and hold harmless to the Town and its
residents for any damage attributable to alterations undertaken on this property pursuant to
the Order.
35. 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
36. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed until
p pp all proceedings before the Department or
Court have been completed.
37.This Order shall be recorded by the applicant at the Registry of Deeds immediately after the
expiration of all appeal periods.No work shall be undertaken until the Final Order has been
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DEP FILE #242 - 1308
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.
38. A sign shall be displayed at the site not less than two square feet or more than three square
feet in size bearing the words "Massachusetts DEP,File Number 242-1308."
>9. Any changes in the submitted plans caused by the applicant,another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval prior to
implementation. If the NACC finds said changes to be significant, the NACC will call for
d:aother public hearing (at the expense of the applicant). Within 21 days of the close of said
public hearing the NACC will issue an amended or new Order of Conditions. Any errors found
in the plans or information submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or state boards or agencies. This may
result in changes to the project plans or wetland impacts. If any such changes occur a revised
plan and an explanation of the revisions shall be submitted to the NACC for review and
approval prior to the start of construction. No work shall begin on a project until written
approval has been granted by the NACC.
40. 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
to be provided with a copy of this Order of Conditions and referenced documents before
commencement of construction.
41. Prior to any work commencing on site, the applicant shall submit to the NACC for approval,
a detailed sequence of construction, including, but not limited to, the installation of temporary
and permanent erosion control devices, installation of the stormwater drainage structures to be
completed before other work begins on site,and housing development.
42. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the approved
plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that
erosion control measures can be properly placed and wetland impacts can be monitored. The
proposed limit of work shall be shall be clearly marked with stakes or flags and shall be
confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be`
maintained until all construction is complete. Workers should be informed that no use of
machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to
occur beyond this line at any time. All flags used for the above purposes shall be of a color
different from other flagging used on the site.
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DEP FILE #242 - 1308
43. 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 referenced herein. The erosion control barrier 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.
44. 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,
;� »x-dnimum of 30 hay bales and sufficient stakes for staking these bales (or an equivalent
amount of silt fence). Said bales shall be used only for the control of emergency erosion
problems and shall not be used for the normal control of erosion.
46. A check payable to the Town of North Andover shall be provided in the amount of$10,000,
which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC,
and shall be posted with the North Andover Town Treasurer through the NACC before
commencement of work. Said deposit of money shall be conditioned on the completion of all
conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town
Counsel, and shall be released after completion of the project, provided that provisions,
satisfactory to the NACC,have been made for performance of any conditions which are of
r-ontinuing nature. The applicant may propose a monetary release schedule keyed to
completion of specific portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local Bylaw.
47. Additional soil testing must be conducted prior to construction and prior to any building
permit application,to determine soil suitability and high groundwater elevations to facilitate
the design of the proposed underground stormwater detention basin. At least one
confirmatory soil test pit in the proposed underground detention basin area shall be
performed to demonstrate that the bottom of the basin would be above the maximum
seasonal high groundwater elevation. Conservation staff shall witness said soil testing. The
Conservation Department shall be notified at least 48 hours in advance of this testing to
ensure staff availability. Upon completion of testing activities,soil test results and data must
be submitted to the Conservation Department for review and approval prior to the sign off of
any building permit application.
48. The applicant shall designate a Professional Wetland Scientist as the project's "Erosion
Control Monitor" (ECM) 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.
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DEP FILE #242 - 1308
This professional must submit a letter to the Conservation Department, on company
letterhead stating they have been retained as the project's Erosion Control Monitor. The
designated Erosion Control Monitor is subject to approval by the NACC. This person shall
also be given the authority to stop construction for erosion control purposes. The ECM 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.
49. 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 EMC 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. Weekly Monitoring reports are
not required for any non-jurisdictional work unrelated to the activities as defined and
approved under this Order. The EMC 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.
50. Prior to construction, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone"with ten(10) signs or markers spaced evenly every 25 feet incorporating
the following text: "Protected Wetland Resource Area". This will designate their sensitivity
and assure no further inadvertent encroachment into the wetland. These permanent markers
are available at the Conservation Office for$2 each. The placement of the markers on the site
is 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.
51. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring,or assigning any
portion of said land to another party, subject to said Orders of Conditions,the "Compliance
Certification Form Affidavit" attached via"Appendix A" signed under the pains and
penalties of perjury, stating that said applicant and/or owner has read these Orders of
Conditions and is in compliance with each and every condition. This document shall apply to
each of the conditions referenced herein and shall be provided to the Conservation
Department at least five (5) business days after to the closing of said land transaction.
52. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,the engineer,
wetland scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting contract
requirements. The applicant shall assure that all contractors, subcontractors and other
personnel performing the permitted work are fully aware of the permit's terms and conditions.
Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall notify the
NACC in writing of the identity
of the on-site construction supervisor hired to coordinate
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DEP FILE #242 - 1308
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
53. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
54. A crushed stone construction entrance shall be designated at each entrance/exit to
minimize soil/material tracking on Great Pond Road and Osgood Street in accordance with
Best Management Practices standards and specifications. This entrance shall be maintained
and reinforced as necessary.
55. Erosion control devices shall be inspected regularly;any entrapped silt shall be removed to
an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be
1 p t aced as necessary. The areas of construction shall remain in stable condition at the close of
each construction day. All erosion controls shall be in place throughout the duration of any
construction on site or unless authorized by the Conservation personnel
56. Upon beginning work, the applicant shall submit written progress report every month
detailing what work has been done in or near resource areas, and anticipated work to be
completed over the next period. This will update the construction sequence.
57. The NACC shall be notified in writing of any lot line or number changes with a copy of a
plan showing these changes prior to any work on these lots.
.
The sewer lines on the site shall be tested for water tightness in accordance with North
Andover DPW standards.
59. The Erosion Control Monitor shall be on site during and/or following a major storm event
of 1 inch of rain or greater to ensure that soils remain stable,erosion controls are adequate
and secure, and that all BMP's are adequately functioning.
60. De-watering activities anticipated shall be supervised and witnessed by the designated
Erosion Control Monitor (ECM). This designee must be on-site while work specific to de-
watering activities are occurring and until complete.Activities shall be monitored daily by the
ECM to ensure that sediment laden water is appropriately settled prior to discharge toward the
wetland resource areas. No discharge of water is allowed directly into an area subject to
jurisdiction under the MA Wetlands Protection Act and / or the North Andover Wetlands
Bylaw. If emergency de-watering requirements arise,the applicant shall submit a contingency
plan to the Commission for approval,which provides for the pumped water to be contained in
a settling tank or basin, to reduce turbidity prior to discharge into a resource area.
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DEP FILE #242 - 1308
61. 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.
62. There shall be no stockpiling of soil or other materials within twenty-five (25)feet of any
resource area.
63. The roadways shall be swept at least once per week or as directed by the Erosion Control
monitor,the Site Supervisor, Project Manager,or the Conservation staff for as long as the site
remains exposed and unstabilized.
64. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be graded,
1��med and seeded prior to November 18t of each year.Outside of the growing season,
exposed soil finish grade surfaces shall be stabilized with a layer of mulch ha until climate
Y Y
conditions allow for seeding. During construction, any area of exposed soils that will be left idle
for ~pore than 30 days shall be stabilized with a layer of mulch hay or other means approved by
the NACC.
65. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be permanently stabilized using clean, stone riprap or
biodegradable matting.
66. Equipment shall not be staged overnight within 50-feet of a wetland resource area.
67. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
68. 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.
69. During and after work on this project, there shall be no discharge or spillage of fuel, or other
pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during
any phase of construction the NACC shall be notified by the applicant within one (1)business
day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no
vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a
resource area.
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DEP FILE #242 - 1308
STORMWATER MANAGEMENT CONDITIONS
70. All construction and post-construction stormwater management structures shall be
maintained and monitored in accordance with the approved Operation and Maintenance
Procedures plan included as an attachment to this Order, approved site plans, the MA
Stormwater Management Policy, and as approved by the NACC.
71. All stormwater management facilities and the underground detention basin shall be
properly installed and functional throughout the life of the project and in perpetuity. During
construction, all drainage structures and the underground detention basin shall be
maintained, as outlined in the Operation and Maintenance Plan as referenced and attached
herein.
72. Construction of the underground stormwater detention basin shall be constructed and
functioning as part of the initial project phase.
73. All stormwater management facilities shall be designed &constructed in accordance with
the approved plans referenced herein.
74. All stormwater Best Management Practices (BMPs) shall be maintained as specified in the
Operation and Maintenance Plan and as incorporated in the Order of Conditions. A Registered
Professional Civil Engineer shall provide evidence of the maintenance of the stormwater
management system to the NACC on an annual basis.The first report shall be submitted to
the NACC one year after the first stormwater structure goes on-line and annual reports must
continue to be submitted until a Certificate of Compliance is issued. Compliance with the
designed stormwater management system and associated stormwater management
conditions shall be satisfied prior to the issuance of a Certificate of Compliance.
75. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post development
watershed boundaries as currently depicted in the Notice of Intent and approved by this Order
of Conditions, unless specifically approved in writing by the Commission.
76. Water quality of the adjacent Bordering Vegetated Wetland (BVW) 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.
7T 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 catchbasins shall be free of all accumulated silt and debris before
Compliance is issued and the owner or his/her agent shall so specify in the request for
Compliance. This condition will remain in perpetuity.
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DEP FILE #242 - 1308
78. All roof runoff shall be directed to the infiltrators to provide groundwater recharge, as
shown on the approved plans referenced herein.
79. The applicants, owners,and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas,and other elements of the
drainage system, unless put into an
g y easement to the Town ofNort
P h 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.
This condition will remain in perpetuity.
80. Prior to the issuance of the Certificate of Compliance,the applicant shall be responsible
for cleaning all stormwater structures,in accordance with the Operation &Maintenance Plan
and the associated stormwater management conditions referenced and attached herein.
AFTER CONSTRUCTION
81. 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.
82. 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.Only organic fertilizers may be used. 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
re;-Itain in perpetuity.
83. 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. A minimum of four (4) Permanent signs designating"No-Salt Zone" and "No-
Snow Stockpiling Zones" shall be displayed in prominent locations along the southeastern
parking area fronting Great Pond Road upgradient to the wetland resource area. The
locations of the signs are subject to review and approval by the Conservation Administrator
or agent thereof.
84. Snow shall be stockpiled on the designated snow storage areas as depicted on the
approved plans referenced herein only. Excess snow shall be trucked off site if snow exceeds
onsite storage capacity.
85. Upon completion of construction and grading, all disturbed areas located outside resource
areas shall be stabilized permanently against erosion. This shall be done either by loaming and
seeding according to SCS standards. If the latter course is chosen, stabilization will be
considered complete once vegetative cover has been achieved.
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DEP FILE #242 - 1308
86. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed areas shall be seeded.
87. Upon completion of the project the applicant shall submit the following to the Conservation
Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A -"Request for a Certificate of Compliance.
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted
with the request for a Certificate of Compliance indicating that they read
and understood the recorded Order of Conditions prior to purchasing their
property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer 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. This certification statement shall include verification that
the stormwater management system functions as designed.
i. An"As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer and 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.Plans shall also detail information
sufficient to define the geometry of the basins and systems,
including the applicable seasonal high groundwater elevations.
The plans shall be accompanied by as-built volumetric calculations
(pre vs. post construction)NOTE: If portions of the stormwater
systems exist partially within the Buffer Zone than the entire
structure must be depicted to accurately verify compliance.
➢ Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems,additions,fences,
sheds, stonewalls, pools,retaining walls, subsurface utilities and
decks.
➢ A line showing the limit of work and the extent of existing erosion
control devices. "Work" includes aU disturbance of soils or
vegetation.
➢ Location of all subsurface utilities entering the property.
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DEP FILE # 242 - 1308
88. 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
100' of existing wetland resource areas will require a separate filing
with the NACC. The Conservation Administrator and/or other
agents of the NACC do not have the authority to waive these
setbacks as established under the local Bylaw (Condition #32);
➢ Discharge or spillage of pollutants(Condition#69);
➢ Maintenance of catch basins (Condition#77);
➢ Maintenance of all culverts,collections basins, traps, outlet
structures, subsurface storage areas, and other elements of the
drainage system,unless put into an easement to the Town of North
Andover, in order to avoid blockages and siltation,which might
cause failure of the system and/or detrimental impacts to on-site or
off-site resource areas (Condition#79)
➢ The attached Operation and Maintenance Plan prepared by MHF
Design Consultants, Inc. (Section 6, pages 10&11). No additional
filings will be required to conduct maintenance of the above
referenced system and plan.
➢ Prohibition of underground fuels (Condition#81);
Limitations on the use of fertilizers, herbicides,road salts, de-icing
compounds and pesticides(Conditions #82 & #83).
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DEP FILE#242 - 1308
APPENDIX A AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission (NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition,which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
20---, I inspected said property together with any and all improvements,which
have been made to the same and hereby certify that each and every condition set
forth in the Order of Conditions are presently in compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property,which is subject to the Order
of Conditions.
Signed under the pain and penalties of perjury this day of .20
(Authorized agent of applicant or owner)
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i
Standard # 7: Redevelopment proiects
I The site is not a redevelopmentro'ect.
p �
Standard # 8: Erosion/sediment control
Erosion and sediment controls are incorporated into the project design to prevent erosion.
Standard #9::.Qnqatigi
Construction Phase
The BMPs associated with this project will be owned by Great Pond Crossing,LLC., who will be
responsible for inspection, operation and maintenance.
1) The contractor is to install and maintain drainage facilities as shown on plan(166604,by MHF
Design Consultants, Inc., Revised August,2005).
2) Prior to construction, all erosion/silt control devices shown on above plan are to be installed.
To prevent silt intrusion into surrounding areas during construction, the contractor is to set silt
fencing at all slopes which may erode in the direction of any open drainage facilities or abutting
property. Such preventive measures are to be maintained throughout the construction process.
3) All construction of drainage facilities is to be inspected by inspectors from the Town of North
!"Allover and MHF Design Consultants, Inc.to verify conformance to the design plan.
4) The sequence of drainage construction shall be as follows:
a) Clear, grub, excavate areas for detention system.
b) Install catch basins, pipes, stormceptors and detention system.
c) Trench and install drainage channel.
5) Erosion controls are to be inspected and maintained on a daily basis.Upon discovery of
siltation build-up in any catch basin sumps,Stormeeptor unit, infiltration trenches or any other
structures, cleaning shall be performed.
6) All exposed soils shall be immediately stabilized with a layer of mulch hay.
7) Upon installation of catch basins, inlet protection- as described.on aforementioned plan- shall
be installed and maintained until ready for paving.
8) Prior to construction of impervious areas, all drainage structures and pipes shall be installed
and inspected for proper function. During construction of other site features,all drainage facilities
r:\Projects\Eng\I66604\Drainage Report-Rev8-3-05.doc Page 10
}
shall be inspected on a daily basis and cleaned/repaired immediately upon discovery of sediment
build-up or damage.
9) After paving is installed, it shall be swept clean on a monthly basis.
Post-Development Phase
The owner is to be responsible for maintenance of all drainage structures in the project-including
drain pipes and detention systema The future owner is expected to be Great Pond Crossing,LLC.,
wlo will ultimately be responsible for compliance with Plana
Regular maintenance is to include the following:
a channel Stormceptors,underground
1) Inspection of all drainage facilities(catch basins, drainage
detention and infiltration system,) every three months.During the first year of operation, all
drainage facilities should be inspected after every large storm, and 2-3 days afterward. During
these inspections the inspector as designated by Great Pond Crossing, LLC., shall look for
evidence of the following: structural damage, silt accumulation(near inlet inverts on catch basins),
and improper function.
2) After inspection, if any of the above conditions exist,the inspector shall notify Great Pond
Crossing,LLC., who shall immediately arrange for all necessary repairs and sediment removal.
3)Parking areas are to be swept clean every three months spring through fall and otherwise as
needed (i.e. visually noticeable debris build-up).
4) The Catch Basins,Drainage Channel, Infiltration Trenches,Detention System and
Stormceptors are to be inspected every three months. Remove oil, debris and sediment after
inspections.
5) All graded slopes shall be inspected every spring for erosion. Upon discovery of any failure(i.e.
erosion)loam and seed shall be put in place and nurtured.
6)During the winter months, all snow is to be stored such that snowmelt is controlled within the
paved area and enters the storm water treatment systems.in the event the amount of snow
exceeds such capacity, it is to be removed off-site. The minimum amount of deicing chemicals
needed is to be used. No toxic chemicals are to be used for snow or ice control.
7) During the summer months, all landscape features are to be maintained with the minimum
possible amount of fertilizers, pesticides or herbicides. The materials used should be organic,
biodegradable, non-toxic in nature. If in question, maintenance personnel should check with the
dsca in will b
of landscaping Conservation Commission. All personnel involved with the maintenancep g
formed of this condition.
Page 11
F:\Prgiccts\Eng\166604\Drainage Report-Rev8-3-05.doc
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1308
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special 9// OS
condition pursuant to General Conditions#4,from the date of issuance. 1.Date if Issufince,
Please indicate the number of members who will sign this form: Y
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate De fitment of
Environmental Protection Regional Office, if not filing electronically, and the erty owner, if different
from applicant.
Signatures:
Notary Acknowledgement
Commonwealth of Massachusetts County of _Essex North
doos
On this NA Day of Month r Year
Before me, the undersigned Notary Public, 5coO masse_
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification,which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
Cityrrown
DONNA M.WEDGENOTAW PUBLIC ,
COMWEAi OF NWMASSACHUSEM S ature of Notary Public
My Cornm.Expm Aug.7,MW t3 Q
Printed Name of Not ry Public
Place notary seal and/or any stamp above `�7 CV 99
My Commis ion pires(Date)
This Order is issued to the applicant as follows:
W/by hand delivery on ❑ by certified mail, return receipt requested,on
7/1slos
Date Date
wpaform5.doc• rev.3/1/05 Page 7 of 9
Massachusetts Department of Environmental Protection DEP File Number:
�— Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1308
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department,with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
Page 8 of 9
wpaform5.doc• rev.3/1/05
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1308
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land,the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover j
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
Ta
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1308
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
Page 9 of 9
wpaform5.doc• rev.3/1/05
Y
NOTICE OF DECISION
Any appeal shall be filed
within (20) days after the
date of filing this notice in r �,
the office of the Town Clerk,
Date: March 16;:2005
Date of Hearing: Feb. 1,2005 torn
March 15,2005
Date of Decision: March 15,2005
Petition of: Hearthstone Realty Corporation
d/b/a 28 Andover Street,Andover,MA 01810
Premises Affected:1025 Osgood Street,North Andover,MA 01845,within the General Business
Zoning District,Assessors Map 35,Lot 20.
Referring to the above petition for a Watershed Special Permit from the requirements of the North
Andover Zoning Bylaw, of Section 4.136(3)c.h) and for a Site Plan Review Special Permit of
Section 8.3(2x)
So as to allow: to renovate the existing TreadweWs Ice Cream stand and add approximately 297
sq. ft. of additional impervious surface to the building footprint and re-stripe the existing parking
area in the Non-Disturbance and Non-Discharge Zones of the Watershed. Protection District
("Phase I").
After a public hearing given on the above date, the Planning BoaW voted APPROVE the
Watershed Special Permit,and Site Plan Review Special P
,.
Alberto Angles,ChaAm
C.�rge White,Vice Chairman
John Simons
Richard Nardella
James Phinney
cc: applicant
abutters
engineers
Town departments
1025 Osgood Street—Special Watershed Permit Decision
March 13,' 005 , ,�:_, ,i�_ ,;_ _.�iF.��".'. :IC_ t;kb > _�� €?� :�Fl. ,i,,� � .�1 i ;��� "•_;
Page 1
Watershed Special Permit and Site Plan Review Special Permit
Hearthstone Realty Corp.
for premises located at: 1025 Osgood Street,North Andover,MA 01845
(Relative to an ice cream parlor,Phase 1)
The Planning Board makes the following findings regarding the application of Hearthstone
Realty Corporation, dated December 30, 2004, requesting a Watershed Special Permit under
Section 4.135(3)(c.ii) and a Site Plan Review Special Permit under Section 8.3 (2a)on the above
referenced application.
FINDINGS OF FACT:
In accordance with Section 4.136(3)(cl) and Section 8.3(2a) the Planning Board makes the finding
that the intent of the Bylaw as well as its specific criteria, are met. Specifically the Planning Board
finds:
1. As a result of the proposed construction in conjunction with other uses nearby,there will not be
any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The Plamring Board bases this finding on the following facts:
a) The existing structure is connected to the Town sewer system.
b) A deed restriction will be placed knifing the types of fertilizers that can be used on the site.
c) The topography of the site will not be altered substantially.
d) The limit of clearing is restricted to the minimum, necessary to construct the proposed
addition. No new clearing will result from re-striping the existing parking lot, and that the
parking lot will be repaired during Phase 1. The dwVster will be located in a suitable
location.
e) Certification bas been provided by a registered profenal erigineer that the renovations
and addition to the existing building footprint and re-striping and repair of the parking lot
will not have an effect on the quality or quantity of runoff entering the watershed protection
district.
t) The construction has been reviewed by the Town's consulting engineer, VIM, and with the
application of the erosion control measures, there will be no degradation to the quality or
quantity of water in or entering Lake Cochiclrewick or any delineated wetlands.
g) Additional plantings of extra Wsles,and extra junipers to be added to the front of the
existing ice cram parlor
2. There is no reasonable alternative location outside the Non-Disturbance Zone and the
Discharge Zone for any discharge,structure or activity.
1025 Osgood street—special Watershed Pert Decision
March 15,2005
Page 2
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes
the following FINDINGS:
I. The specific site is an appropriate location for the proposed use as all feasible storm water
and erosion controls have been placed on the site;
2. The use will not adversely affect the neighborhood as the lot is located in a General
Business zoning district,
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4. Adequate and appropriate facilities are provided for the proper operation of the proposed
use,
5. The existing lot conforms to the minimum lot area requirements for a lot within the General
Business District as shown in Table 2 of the North Andover Zoning By-laws.
6. The Planning Board also makes a specific finding that the use is in harmony with the
general purpose and intent of the North Andover Zoning Bylaw.
Upon reaching the above findmgs, the Planmm Board approves this Watershed Special Permit and
Site Plan Review Special.Permit based upon the following SPECL4L CONDITIONS:
This decision must be filed with the North Essex Registry of Deeds. The following information
is included as part of this decision
The Town Planner shall approve any changes made to°these plans. Any changes deemed
substantial by the Town Plan= would require a public hearing and modification by the
Planning Board.
2) Prior to issuance of a building permit:
a) A performance guaranty of $2,000.00 in the form of a check made out to the Town of
North Andover must be posted to insure that constrrc6on will take place in accordance with
the plans and the conditions of this decision and to ensure that the as-built plans will be
submitted.
b) All erosion control measures as shown on the plan must be in place and reviewed by the
Town Planner.
c) No pesticides, fertilizers or chennicals shralh be used in lawn care or maintenance. The
applicant shall incorporate this condition as a deed.restriction and a copy of the recorded
deed shall be submitted to the Town Planner and included in the file.
3) Prior to release of the Performance Bond:
a) The applicant shall subunit an as-buiht plan stan43ed by a Registered Professional Engineer in
Massachusetts that shows all constrution, including storm water mitigation trenches and
other pertinent site features. This as-built plan shall be submitted to the Town Planner for
approval. The applicant must submit a certification from the design engineer that the site
was constructed as shown on the approved plan.
b) The Planning Board must by a n*rity vote make a finding that the site is in conformance
with the approved plan.
1025 Osgood Street—Special Watershed Pan*Dion
March 15,2005
Page 3
4 Inproposed 'e
no instance shall. the ficant's ' n allowed to further ' site
. construction be
aPP �
other than as proposed on the plan.
5) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
6)The Contractor shall.contact Dig Safe at least 72 hours prior to commencing excavation.
7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
8) This permit shall be deemed to have lapsed after a two (2) year pend on (March 15, 2007) on
which the Watershed Special Permit, and Site Plan Review Special Permit for Phar 1 was issued,
unless substantial use or construction has commenced..
One story ice cream btulding
a) Plan titled: Watershed Special Permit for Treadwelt's Redevelopment Phase I
1025 Osgood Street,North Andover,Massachusetts 01845.
Prepared for: Hearthstone Realty Corp.
Prepared by: MHF Design Conte Inc.
103 Stiles Road,Suite One
Salem,NH 03079
Scale: 1"=20'
Date: 2 misc,revs per VUB commxmts met 3 of 4-March 6,2005
Topography survey and boundary information shown is from an actual field
survey prepared by NW Design Consultants,in June 2004.
One story ice cream building.
b)Plan titled Site Plan Special Permit, Site Details
1025 Osgood Street,North Andover,MA 01845
Prepared for:Hearthstone Realty Corp.
Prepared by. MHF Design Consultants,Inc.
103 Sties Road,Suite One
Salem,New Hampshire,03079
Scale: 119=20'
Date: February 9,2005
Sheet 4 of 4
mi/desktopl10250sgood St.
1025 Osgood strect—special Watershed PermitDecWm
March 15,2005
Page 4
Office of the Director
° ^. ro
,. utrif""l�i'nity 'eriiie ��n Bergs cesiivitvi ion � �.
`t,orffi .Ands).or. €-18-i`
ix
NOTICE OF DECISION
This is to certify that twenty(20)days j
Any appeal shall be filed have elapsed from date of dedslon,filed
without filing of an "peal.
within (20) days after the Date
date of filing this notice in JovceA.arodrtww
the office of the Town Clerlt. Clerk
Date: March I64M "-
Date of Hearing: Feb. 1,2665 thru
March 15,2005
Date of Decision: March 15,2005
Petition of: Hearthstone Realty Corporation
d/b/a 28 Andover Street,Andover,MA 01810
Premises Affected:1025 Osgood Street,North Andover,MA 01845,within the General Business
Zoning District,Assessors Map 35,Lot 20.
Referring to the above petition for a Watershed Special Permit from the requirements of the North
Andover Zoning Bylaw, of Section 4.136(3)c.i) and for a Site Plan Review Special Permit of
Section 8.3(2a)
So as to allow:to renovate the existing Treadwers Ice Cream stand and add approximately 297
sq. ft. of additional impervious surface to the building footprint and re-stripe the existing parking
area in the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District
("Phase I").
After a public hearing given on the above date, the Planning Boapo voted APPROVE the
Watershed Special Permit,and Site Plan Review Special P
Alberto Angles,C
George White,Vice Chairman
John Simons
Richard Nardella
James PhinneY ATTEST:
cc: applicant A True Copy
abutters 1, Q .
engineers
Town departments Town Clerk
1025 Osgood s7iheet—Special watershed Panift Dmision
1tfarill1�,'GtlBi�}�.�3.'ti(t�iE-`3i$i
131 11DIX6(,M-9545 (,(.)':\5} � '1 i4) 6�;s-9530 1.-11'. U..11168';-9140 I>E i—WN:6(+8ht) 35
Page 1
Watershed Special Permit and Site Plan Review Special Permit
Hearthstone Realty Corp.
for premises located at: 1025 Osgood Street,North Andover,NU 01845
(Relative to an ice cream parlor,Phase 1)
The Planning Board makes the following findings regarding the application of Hearthstone
Realty Corporation, dated December 30, 2004, requesting a Watershed Special Permit under
Section 4.136(3)(c.ii) and a Site Plan Review Special Permit under Section 8.3 (2a) on the above
referenced application.
FINDINGS OF FACT:
In accordance with Section 4.136(3)(c.iut) and Section 8.3(2x) the Planning Board makes the finding
that the intent of the Bylaw as well as its specific criteria, are met. Specifically the Planning Board
finds:
1. As a result of the proposed construction in conjunction with other uses nearby,there wf1 not be
any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The Planning Board bases this findirig on the following facts:
a) The existing structure is connected to the Town sewer system
b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site.
c) The topography of the site will not be altered substantially.
d) The limit of clearing is restricted to the minimum necessary to construct the proposed
motion. No new clearing will result from re-striping the existing parking lot, and that the
parking lot will be repaired during Phase L The dumpster will be located in a suitable
location
e) Certification has been provided by a registered professional engineer that the renovations
and addition to the existing buddies footprint and re-striping and repair of the parking lot
will not have an effect on the quality or quantity of nmoff entering the watershed protection
district.
f) The construction has been reviewed by the Town's consulting engineer, VHB, and with the
application of the erosion control measures, there will be no degradation to the quality or
quantity of water in or entering Lake Cochichewick or any delineated wetlands.
g) Additional plantings of extra bushes,and extra junipers to be added to the front of the
existing we cram parlor
2. There is no reasonable alternative location outside the Non-Disturbance Zone and the
Discharge Zone for any discharge,stricture or activity.
1025 Osgood Street—spacial watershed Pernik Decision
March 15,2005
Page
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes
the folio FINDINGS:
GS.
1. The specific site is an appropriate iocatiOn for the proposed use as all feasible storm water
and erosion controls have been placed on the site,
2. The use will not adversely affect the neighborhood as the lot is located in a General
Business zoning district;
3. There will be no nuisance or serious hazard to vehicles or pedestrian;
4. Adequate and appropriate facilities are provided for the proper operation of the proposed
use,
5. The existing lot conforms to the minimum lot area requirements for a lot within the General
Business District as shown in Table 2 of the North Andover Zoning By-laws.
6. The Planning Board also makes a specific finding that the use is in harmony with the
general purpose and intent of the North Andover Zoning Bylaw.
Upon reaching the above firidings, the Planning Board approves this Watershed Special Permit and
Site Plan Review Special Permit based upon the following SPECIAL CONDITIONS:
This decision must be filed with the North Essex Registry of Deeds. The following information
is included as part of this decision.
The Town Planner shall approve any changes made to these plans. Any changes deemed
substantial by the Town Planner would require a public bring and modification by the
Planning Board.
2) Prior to issuance of a building permit:
a) A performance guarantee of $2,000,00 in the form of a check made out to the Town of
North Andover must be posted to insure that construction will take place in accordance with
the plans and the conditions of this decision and to ensure that the as-built plans will be
submitted.
b) All erosion control measures as shown on the plan must be in place and reviewed by the
Town Planner.
c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The
applicant shag incorporate this condition as a deed restriction and a copy of the recorded
deed shall be submitted to the Town Planner and included in the file.
3) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan staffed by a Registered Professional Ergmaer in
Massachusetts that shows all construction, including storm water mitigation trenches and
other pertinent site features. This as-built plan small be subn*ted to the Town Planner for
approval. The applicant must submit a cern from the design engineer that the site
was constructed as shown on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance
with the approved plan.
1025 Osgood street—Special Watershed Permit Decision
March 15,2005
Page 3
ISI
4) In no instance shall the applicant's proposed conshvction be allowed to further impact the site
other than as proposed on the plan.
5) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
6)The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it`s
employees and all successors and assigns in interest or control.
8) This permit shall be deemed to have lapsed after a two (2) year period on(March 15, 2007) on
which the Watershed Special Permit, and Site Plan Review Special Permit for Phase 1 was issued,
unless substantial use or construction has commenced.
One story ice cream budding
a) Plan titled: Watershed Special Permit for Treadwell's Redevelopment Phase I
1025 Osgood Street,North Andover,Massachusetts 01845.
Prepared for: Hearthstone Realty Corp.
Prepared by: MHF Design Consultants,Inc.
103 Stiles Road,Suite One
Salem,NH 03079
Scale: 1"=20'
Date: 2 misc.revs per VHB cow sheet 3 of 4-March 6,2005
Topography survey and boundary information shown is from an actual field
survey prepared byMHF Design Consultants,m Jug 2004.
One story we cream building.
b)Plan titled Site Plan Special Permit, Site Details
1025 Osgood Street,North Andover,MA 01845
Prepared for:Hearthstone Realty Corp.
Prepared by: MHF Design Consultants,Inc.
103 Stiles Road,Suite One
Salem,New Hampshire,03079
Scale: Y'=20'
Date: February 9,2005
Sheet 4 of 4
mi/desktop110250sgood St.
II
I
I
1025 Osgood Street—Special Watershed Permit Decision
March 15,2005
Page 4
04/04/2005 09:08 6038930733 MHF DESIGN PAGE 02/02
to -
ROW A mom
03
MHF Design Consuitants, Inc. TEL( 8 3j 893.0720 FAX(603)893-0733 Hampshire E-MAIL ntfaxtdl.com
April 4,2005
North Andover Planning Board RECEIVE
Town of North Andover IVR 5 — 200
400 Osgood Street
North Andover,MA 01845 NORTH ANDOVER
PLANNING DEPARTMENT
Re: Phase H Site Plans
1025 Osgood Street
T readwell's Ice Cream
MHF# 166604
Dear Board Members:
On behalf of Hearthstone Realty Corp,MHF Design Consultants,Inc. is requesting a continuance
for Phase II of the above reference project to the next Planning Board meeting of April 19,2005.
We are current reviewing comments fxom VHB received on Thursday March 31,2005.
If you should have any questions,please contact me at(603)893-0720.
Sincerely,
i C ul , Inc.
C stop M. T ula,E.I.T.
r...r
Staff Engineer e _
f
ENGINEERS • PLANNERS • SURVEYORS
Town of North Andover Planning Boar;
Application for Site Plan Special Permit
Please type or print clearly.
1. Petitioner: Hearthstone Realty Corp.
Petitioner's Address: 28 Andover Street Andover MA 01810
Telephone number: (978)475-5400
2. Owners of the Land: Goodwin Trust C/O Russell Treadwell
Address: 3667 Huntington Place Drive,Sarasota,FL 34237
Number of years of ownership: 38
3. Year lot was created: 1966
4. Description of Proposed Project:
The proposed project includes but is not limited to the construction of a retail/office
building,a 25' drive aisle surrounding the building and appropriate parking facilities.
5. Description of Premises:
Currently the site is occupied by Treadwell's Ice Cream stand and is bounded by
Osgood Street and Great Pond Road to the north, Cochichewick Lake to the East and
Business Zoned developments to the west. The building is located in the middle of the site
along the north and has an existing parking lot also along the northern boundary line.
Behind the building is a wooded area, which leads to an open field below a retaining wall
with varying height.
6. Address of Property Being Affected 1025 Osgood Street,North Andover
Zoning District: General Business
Assessors: Map: 35 Lot# 20
Registry of Deeds: Book#: 1074 Page#: 38
7. Existing Lot:
Lot Area(Sq.Ft) 77,845 BuildingHeight 17'
Street Frontage: 531.10' Side Setbacks: 25'
Front Setback: 25' Rear Setback: 35'
Floor Area Ratio: 0.75:1 Lot Coverage: 35%
8. Proposed Lot(if applicable):
Lot Area(Sq.Ft) 77,845 Building Height <45'
Street Frontage: 531.10' Side Setbacks: 35'
Front Setback: 25' Rear Setback: 45'
Floor Area Ratio: 0.25:1 Lot Coverage: 9.7%
9, Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft) 25,000 Building Height 45'
Street Frontage: 125' Side Setbacks: 25'
Front Setback: 25' Rear Setback: 35'
Floor Area Ratio: N/A Lot Coverage: 35%
10. Existing Building(if applicable):
Ground Floor(Sq.Ft.) 1,487 #of Floors: 1
Total Sq.Ft. 1487 Height: <45'
Use: ICE CREAM STAND Type of Construction CONC.BLOCK
11. Proposed Building:
Ground Floor(Sq.Ft.) 6,068 sf #of Floors: 3
Total Sq.Ft. 19,691 sf Height: <45'
Use: Retail/Office Building Type of Constructioik. CONC.BLOCK
12. Has there been a previous application for a Special Permit from the Planning Board on these
premises? YES If so,when and for what type of construction? December 2004,
Watershed Special Permit for an addition to Treadwell's Ice Cream Stand
13. Section of Zoning Bylaw that Special Permit Is Being Requested N.A.Z.Section 4.136 3 c.ii
(1),(2),(5)
NAZB Section 8.3 a
14. 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 Regulations may result in a dismissal by the Planning Board
of this application as incomplete.
Petitioner's Signature:
Print or type name here: e5ok/C-
Owner's Signature: &,,z((�� �-
Print or type name here: 4L *b 7A-P1 Aa,:- +L.-
15. Please list title of pians and documents you will be attaching to this application.
Site Development Plans for Treadwell's Re-Development
1025 Osgood Street
North Andover,MA 01845
Dated: January 28,2005
Prepared by: MHF Design Consultants,Inc.
103 Stiles Road,Suite One
Salem NH 03079
Stormwater Management,Drainage Calculations,&Best Management Practices
Map 35 Lot 20
1025 Osgood Street
North Andover,MA 01845
Prepared by: MRF Design Consultants,Inc.
103 Stiles Road,Suite One
Salem,NH 03079
16
F17Town of North Andover Planning Board
Application for Watershed Special Permit
Please type or print clearly.
1. Petitioner: Hearthstone Realty Corp.
Petitioner's Address: 28 Andover Street,Andover,MA 01810
Telephone number: (978)475-5400 ,
2. Owners of the Land: Goodwin Trust,C/O Russell Treadwell
Address: 3667 Huntington Place Drive,Sarasota,FL 34237
Number of years of ownership: 38
3. Year lot was created: 1966
4. Is the lot currently on septic or sewer? Sewer
If on sewer,please provide date the sewer connection was completed: Existing
5. Description of Proposed Project:
The proposed project includes but is not limited to the construction of a retail/office
building,a 25'drive aisle surrounding the building and appropriate parking facilities.
6. Description of Premises:
Currently the site is occupied by Treadwell's lee Cream stand and is bounded by
Osgood Street and Great Pond Road to the north, Cochichewick Lake to the East and
Business Zoned developments to the west. The building is located in the middle of the site
along the north and has an existing parking lot also along the northern boundary line.
Behind the building is a wooded area, which leads to an open field below a retaining wall
with varying height.
7. Address of Property Being Affected 1025 Osgood StreetNorthAndover
Zoning District: General Business
Assessors: Map: 35 Lot# 20
Registry of Deeds: Book#: 1074 Page#: 38
8. Existing Lot:
Lot Area(Sq.Ft) 77,845 BuildingHeigbt 17'
Street Frontage: 53110' Side Setbacks: 25'
Front Setback: 25' Rear Setback: 35'
Floor Area Ratio: 0.75:1 Lot Coverage: 35%
9. Proposed Lot(if applicable):
Lot Area(Sq.Ft) 77,845 Building Height <45'
Street Frontage: 531.10' Side Setbacks: 35'
Front Setback: 25' Rear Setback: 45'
Floor Area Ratio: 0.25:1 Lot Coverage: 9.7%
10. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft) 25,000 Building Height 45'
Street Frontage: 125' Side Setbacks: 25'
Front Setback: 25' Rear Setback: 35'
Floor Area Ratio: N/A Lot Coverage: 35%
11. Existing Building(if applicable):
Ground Floor(Sq.Ft.) 1,487 #of Floors: 1
Total Sq.Ft. 1,487 Height: <45'
Use: ICE CREAM STAND Type of Construction CONC.BLOCK
12. Proposed Building:
Ground Floor(Sq.Ft.) 6,068 sf #of Floors: 3
Total Sq.Ft. 19,691 sf Height: <45'
Use: Retail/Office Building Type of Construction CONC.BLOCK
13. Has there been a previous application for a Special Permit from the Planning Board on these
premises? YES If so,when and for what type of construction? December 2004,
Watershed Special Permit for an addition to Treadwell's Ice Cream Stand
14. Section of Zoning Bylaw that Special Permit Is Being Requested N.A.Z.Section 4.136 3 c.ii
(1),(2),(5)
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 Regulations may result in a dismissal by the Planning Board
of this application as incomplete.
Petitioner's Sig nature: � P
Print or type name here: E?eIC-
�.
Owner's Signature:
Print or type name here:
16. Please list title of plans and documents you will be attaching to this application.
Site Development Plans for Treadwell's Re-Development
1025 Osgood Street
North Andover,MA 01845
Dated: January 28,2005
Prepared by: MRF Design Consultants,Inc.
103 Stiles Road,Suite One
Salem,NH 03079
Stormwater Management,Drainage Calculations,&Best Management Practices
Map 35 Lot 20
1025 Osgood Street
North Andover,MA 01845
Prepared by: MHF Design Consultants,Inc.
103 Stiles Road,Suite One
Salem,NH 03079
I�
103 Stiles Road•Suite One•Salem,New Hampshire 03079
MHF Design Consultants, Inc. TEL(603)893-0720•FAX(603)893-0733•E-MAIL mhf@xtdl.com
March 7, 2005
North Andover Planning Board
Town of North Andover �R® tN'
! ��.
400 Osgood Street ^
North Andover,MA 01845
Re: 110e 19 Site Plans
1025 Osgood Street
T#Wwell's Iee Creath
MFIF # 166604
Dear Board Members:
On be .lf of Hearthston '
r ,p ce
for Phase 11 of the above reference project to the next Pl rd m ti
9'III lowixa tin„ 4dik3l3 ya
We a .awaiting review ens from
If you should have any questions,please contact me at(603) 893-0720.
Sincerely,
De 'gZons tc.
heE.I.T. __..
Staff Engineer
ENGINEERS • PLANNERS • SURVEYORS
Massachusetts Department of Environmental Protection
�. DEP File Number:
�— Bureau of Resource Protection Wetlands
WPA Form 4B — Order of Resource Area Delineation P o?-ed by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the North Andover Conservation
computer, use Conservation Commission
only the tab
key to move This Issuance is for(check one):
your cursor-
do not use the
return key. ® Order of Resource Area Delineation
❑ Amended Order of Resource Area Delineation
To:Applicant: Property Owner(if different from applicant):
Daniel Corbett Goodwin Trust, C/o Russell Treadwell
Name Name
27 Andover Street 3667 Huntington Place Drive
Mailing Address Mailing Address
Danvers MA 01923 Sarasota FL 34237
City/Town State Zip Code Citylrown State Zip Code
1. Project Location:
1025 Osgood Street North Andover
Street Address City/Town
Map 35 Parcel 20
Assessors Map/Plat Number Parcel/Lot Number
2. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
Site Development Permit pian 7/24/03, Rev.
Title 8/28/03
Abbreviated Notice of Resource Area Delineation August 2003
Title Date
Title Date
3. Dates:
August 2003 9/10/03 9/12/03
Date Notice of Intent filed Date Public Hearing Closed Date of Issuance
wpaform4b.doc•rev.12M5= Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource.Protection -Wetlands DEP File Number:
01,
WPA Form 4B — Order of Resource Area Delineation 242-1211
1
Massachusetts.Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Order of Delineation
The Conservation Commission has determined the following (check whichever is applicable):
® Accurate: The boundaries described on the referenced plan(s)above and in the Abbreviated Notice
of Resource Area Delineation are accurately drawn for the following resource area(s):
® Bordering Vegetated Wetlands
❑ Other Resource Area(s), specifically:
❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the
Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area
Delineation, are accurately drawn from the following resource area(s):
❑ Bordering Vegetated Wetlands
❑ Other Resource Area(s), specifically:
❑ Inaccurate:The boundaries described on the referenced plan(s) and in the Abbreviated Notice of
Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following
resource area(s):
❑ Bordering Vegetated Wetlands
❑ Other Resource Area(s), specifically:
The boundaries were determined to be inaccurate because:
I
wpaform4b.doc•rev.12/15/00 Page 2 of 3
Massachusetts Department of Environmental Protection
, DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 4B - Order of Resource Area Delineation 242-1211
Massachusetts.Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Order of Delineation (cont.)
This Order of Resource Area Delineation determines the boundaries of those resource areas noted above
and is binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act
(M.G.L. c.131, §40)and its regulations(310 CMR 10.00)regarding such boundaries. This Order does
not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not
specifically noted above, regardless of whether such boundaries are contained on the plans attached to
this Order or to the Abbreviated Notice of Resource Area Delineation.
This Order must be signed by a majority of the Conservation Commission.The Order must be sent by
certified mail (return receipt requested)or hand delivered to the applicant.A co ust be mailed or
hand delivered at the same time to the appropriate DEP Regional Office Appe
Sig nat es:
I ZP';�
VT
Vv-
This Order is valid for three years from the date of issuance.
This Order is issued to the applicant and the property owVer( different)as follows:
Elby hand delivery on y certified mail, return receipt requested on
9// 3
Date Date
C. Appeals
The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the land subjec
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office(see Appendix A)to issue a Superseding Order
of Resource Area Delineation.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 for Departmental Actior
Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of
issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand
delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.
The request shall state dearly and concisely the objections to the Order which is being appealed and horn
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations(310 CMR 10.00).
To the extent that the Omer is based on a municipal bylaw or ordinance, and not on the Massachusetts
Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate
jurisdiction.
wpaform4b.doc•rev.12/15/00 Page 3 of 3
Massachusetts Department of Environmental Protection
`�-- Bureau of Resource Protection -Wetlands
WPA Appendix A - DEP Regional Addresses
L' ; Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal form and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams wHampden Monroe
PWsftld m
Agawam Colrain
Hancock Montague Plainfiek weles
436 Dwight Street 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 MourdWashington Sandisfield Wendel
Belchertown East L.ongmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bemardston Egremond Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbri0i e
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 Chariton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashbumharn Clinton Hubbardston Milwlle Shirley warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborkwgh
Phone:508-792-7650 Auburn Dunstable Lancaw 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 slow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Wmchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Philipston Townsend
Boylston . Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Darahwutth 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 NewBedford Rochester weilileet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East ager Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitrnan
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Mardon Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown
Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 978 661-7615 Belmont Dedham Lexington Nahant Rowley Welesdey
Beverly Dover Lincoln Natick Salem Wenham
TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom Westwood
Braintree Framingham Maiden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wdmington
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
Wpaform4b.doc-Appendix A•rev.11122/00 Page 1of 1
Massachusetts Department of Environmental Protection
;4-- Bureau of Resource Protection -Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
I't Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. CityfTown State Zip Code
Phone Number Fax Number(if applicable)
Project Location
Mailing Address
City/Town 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
Cityrrown 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 ComnmwneaNi of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
Wpafonn4b.doc•Appendix E•rev.2100 Pagel of 2
Massachusetts Department of Environmental Protection
`,- Bureau of Resource Protection -Wetlands
i;
WPA Appendix E — Request for Departmental Action Fee transrhiftatForm
t 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 Order 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 SupersediN
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.
Wpaform4b.doc•Appendix E.rev.2fGO Page 2 of 2