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HomeMy WebLinkAboutMiscellaneous - 1077 OSGOOD STREET NORTH OfTown of North Andover G ° _ A Office of the Planning Department 20110 JAIN 16 l * �R Division of Community Development : cHusE� •�,"C"' 1600 Osgood Street , �SSa North Andover, Massachusetts 01845 Bldg. ZBA NOTICE OF DECISION Con/Com Health Fire Chief Police Chief Any appeal shall be filed Town Clerk DPW/Engineers within (20) days after the date of filing this notice in the office of the Town Clerk. Date: January 16, 2008 Date of Hearing(s): January 15, 2008 Date of Decision: January 15, 2008 Petition of: Angus Realty Corporation, 1077 Osgood Street,North Andover, MA 01845 Premises Affected: 1077 Osgood Street,North Andover,MA 01845 within the General Business Zoning District, Assessors Map 35,Lot 27. Referring to the above petition for a Modification to the Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A, Sec. 9 So as to: delete the language contained within Special Conditions 4) in it entirety from the July 17, 2007 Site Plan Special Permit for the construction of a sixty (60) space parking lot, installation of an underground storm water management and drainage system, minor roadway improvements to the main access way, site lighting, associated grading, extensive landscape work and replace said language of Special Conditions 4)with the word"Deleted". After a public hearing given on the above date, the Planning Board voted to APPROVE the Modification of the Site Plan Special Permit based upon the following conditions: 6 /tom �a f• North Andover P19nning Board Richard Nardella, Chairman John Simons, Vice Chairman Richard Rowen Tun Seibert Jennifer Kusek 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 On July 17, 2007 upon a motion made by John Simons and seconded by Jennifer Kusek,the Planning Board herein APPROVED the Site Plan Special Perrnit for the construction of a sixty(60)space parking lot, installation of an underground storm water management and drainage system,minor roadway improvements to the main access way, site lighting, associated grading, extensive landscape work and other improvements shown on the"Plans"as defined below. The project lies in the General Business Zoning District and is located on real property shown on the North Andover Assessors Map 35, Parcel 27 and consists of approximately 320,080 s.f. (7.348 acres)of land with frontage on Osgood Street and Great Pond Road. The Special Permit was requested by the Applicant,Angus Realty Corporation, 1077 Osgood Street,North Andover,MA 01845. This application was filed with the Planning Board on March 26, 2007. The Applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Applicant has filed with the Planning Board all plans and reports required under the North Andover Zoning Bylaws,including but not limited to the information required under Section 8.3 and 10.31 of the North Andover Zoning Bylaws. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board,the Board's peer review consultants, and by the various departments within the Town of North Andover that reviewed the project. All of these plans,reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is located in the General Business Zone and involves the construction of a sixty (60) space parking lot. The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. 2) There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that(1)the proposed access and egress point from Osgood Street will not significantly increase traffic flow or volumes and (2) the parking lot design provides for adequate traffic flow, safety, and sufficient pedestrian connections within the site. 3) The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by the Planning Board,of the North Andover Zoning Bylaw. 4) The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices, and has been reviewed by the outside consulting engineer, Vanasse,Hangen Brustlin, Inc. (VHB). Refer to letter dated June 14, 2007 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. 5) An Emergency Response Plan has been incorporated as part of this decision. 6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of 2 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit Construction of Parking Lot -January 15,2008 the Zoning Bylaw; 7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project has been reviewed by the Division of Public Works and the outside consulting engineer, Vanasse Hang en Brustlin Inc 8) The applicant shall comply with the terms and conditions referenced in this Special Permit, the August 31, 1989 Site Plan Special Permit, and the Site Plan Special Permit Modification granted on September 27, 1991. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1) Permit Definitions: A) The"Locus"refers to the 320,080 s.£(7.348 acres)parcel of land with land fronting on Osgood Street as shown on Assessors Map 35, lot 27, and also known as 1077 Osgood Street,North Andover, Massachusetts. B) The"Plans"refer to the plans prepared by LynnfieId Engineering dated April 30,2007,revised 5/22/07, 5/24/07,and 7/5/07 entitled`Butcher Boy Marketplace, 1077 Osgood Street,North Andover,Massachusetts 01845"and consisting of sheets Cl —C7,E1 —E2,LTG Calc,and Ll (revised 7/5/07). C) The "Project"or"1077 Osgood Street"refers to the construction of a sixty(60)space parking lot, installation of an underground storm water management and drainage system,minor roadway improvements to the main access way, site lighting, associated grading, extensive landscape work and other improvements shown on the"Plans"as defined above. D) The"Applicant"refers to Angus Realty Corporation,the applicant for the.Special Permit. E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant,developer,and owner. 2) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4)hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file reports on the 4t'Monday of each month to the Planning Department throughout the duration of the project.The monthly reports shall detail area of non-compliance, if any and all actions taken to resolve these issues. As part of the monthly submissions,the Environmental Monitor will submit all environmental monitoring reports provided to Conservation Commission as part of their Order of Conditions. The designated monitor may not be applicant and/or developer. 3) The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four(4) 3 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit-Construction of Parkina Lot January 15,2008 ` hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file reports on the 4'h Monday of each month to the Planning Department throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. The designated monitor may not be applicant and/or developer. 4) Deleted 5) Prior to the endorsement of the plans by the Planning Board,the applicant must comply with the following conditions: A) The final plans must be reviewed and approved by the DPW and the PIanning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety(90) days. Failing submission of required final plans within 90 days will render this Special Permit null and void. B) If applicable, the applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for construction of the site to the Planning Department. 6) Prior to the start of construction: A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. E) A pre-construction meeting must be held with the developer, their construction employees, Planning Department, Building Department, and Conservation Department to discuss scheduling of inspections and inspections to be conducted on the project. F) The developer shall provide the Planning Board with copies of permits, plans and decisions received from the Conservation Commission. Should the Town Planner find that plans approved by the Conservation Commission substantially differ from the approved plans of the Planning Board, the developer is required to present the changes through a public hearing to the Planning Board for a modification to site plan approval. G) A site opening/erosion control bond shall be in the total amount of five thousand dollars ($5,000.00) for the purpose of covering any contingencies that might affect the public welfare such as site opening, clearing, erosion control and performance of any other condition contained 4 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot 'January 15,2008 herein. The Guarantee shall be in the forrn of a bond acceptable to the Town and made payable to the Town of North Andover escrow account. Upon fulfilling the requirements under said bond,the said bond amount will be rolled over to Condition 6(FI). I1) A bond in the amount of ten thousand dollars ($10,000) must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, parking spaces,topography,and drainage facilities are submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond should be in the form acceptable to the Town andmadepayable to the Town of North Andover escrow account. I) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of covering any contingencies or emergency situations that may degrade or impact the quality of the Town's drinking water supply, Lake Cochichewick. The Guarantee shall be in the form of a bond acceptable to the Town made payable to the Town of North Andover escrow account and will be held in perpetuity. Should the property be sold or transferred, the Planning Department will require that a bond be posted by the new owner and to be held in perpetuity. Said bond will only be utilized for the purposes stated above. 7) Prior to the issuance of a Building Permit: A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. C) To ensure the continued protection of the health and welfare of the residents of North Andover and lessen the probability and possibility of contamination and incident to the Town's primary source of drinking, the applicant shall be required to submit to the Planning Department a comprehensive Emergency Response Plan and Maintenance Procedures. The Planning Board shall review and approve said plan. The final plans must be submitted for review within ninety(90)days of filing the decision with the Town Clerk. Failing submission of required.Emergency Response Plan within 90 days will render this Special Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be distributed to the Town's Fire Department, Police Department, Planning Department, and the project site where the document(s) will be kept on file and easily accessible in case of an emergency. 8) During construction: A) Dust mitigation and roadway cleaning must be performed weekly or more frequently as directed by the Town Planner throughout the construction process; especially at the corner of the intersection where any new projects are being constructed. B) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt, wood, construction material,etc.)and must be shown on a plan and reviewed and approved by the Town Planner. The developer will make every effort to locate stockpiles on the site away from the Lake Cochichewick. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts to Lake Cochichewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded. 5 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot 'January 15,2008 C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance,any and all equipment that shall emanate sounds from the structures or site D) The Town Planner will perform bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 9) Prior to the issuance of a Certificate of Occupancy: A) The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the applicant and/or property owner may provide a bond,determined by the Planning Board;to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to anticipated occupancy. B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved Iighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. C) Emergency Response Plan to be filed and posted in obvious location such as Fire Department,Police Department and Planning Department. 10) Prior to the final release of all security and escrowed funds: A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as-built plan showing final topography,the location of all on-site utilities,structures,curb cuts, parking spaces, and drainage structures and facilities must be submitted to the Planning Department. The applicant must submit a letter from the architect and engineer of the project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 11) General conditions: A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die must be replaced by the project owner in perpetuity. B) If applicable, tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. C) Snow removal may be stored on the designated storages areas shown on said plans referenced below to the extent possible, but must be trucked off site whenever snow exceeds on-site storage capacity. 6 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 D) Should the Project Owner transfer ownership of the project and/or property, the buyer shall meet with the Planning Board to provide an update on the status of the project. E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. F) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. G) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m.and 5:00 p.m. on Saturday. IT) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. I) No underground fuel storage shall be installed. J) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. K) Depending on the allowed uses, the Planning Board reserves the right to modify the form and frequency of maintenance testing and inspection. L) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the parking lot, as.presented to the Planning Board, may be subject to modification by the Planning Board. M) Depending on the allowed uses, the Planning Board reserves the right to modify the form and frequency of maintenance testing and inspection to ensure the continued protection of Lake Cochichewick. N) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. O) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit (July 17, 2007), exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said. two year period or for good cause. P) The applicant must comply with the conditions set forth in the Watershed Special Permit approved on July 17, 2007 related to this project. Q) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1. Plan titled: Butcher Boy Marketplace 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. 7 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 ;F N G D 199 Newbury Street, Suite 115 t , Danvers,MA 01923 � $�� U Scale: 1"=40' and l"=30' Date: April 2007,Revised 4/30/07,5/24/07 T 0 l,-"E r= Sheets: Cl —C7,El—E2, LTG Calc,and Ll (revised 7/5 TV, ANDU V MASSA MHUS Report titled: Responses to Comments Proposed Parking Lot Expansion 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. 199 Newbury Street, Suite 115 Danvers,MA 01923 Date: May 25,2007 Attachments: Figures Attachment 1 -Emergency Response Plan Attachment 2—Stormwater Analysis and Calculations Attachment 3—Inspection and Maintenance Plan cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 8 4 GE tkORTH Town of North Andover . w ° p Office of the Planning Depart " 160 Pill 3: 16 Division of Community Development Wyss^,.o.5���9 1600 Osgood Street lf[ i " ,}t AC HU ,. North Andover, Massachusetts 0184 ASS S J ,. , NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: January 16,2008 Date of Hearing(s): January 15, 2008 Date of Decision: January 15, 2008 Petition of: Angus Realty Corporation, 1077 Osgood Street,North Andover, MA 01845 Premises Affected: 1077 Osgood Street,North Andover, MA 01845 within the General Business Zoning District,Assessors Map 35, Lot 27. Referring to the above petition for a Modification to the Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A, Sec. 9 So as to: delete the language contained within Special Conditions 4) in it entirety from the July 17, 2007 Site Plan Special Permit for the construction of a sixty (60) space parking lot, installation of an underground storm water management and drainage system, minor roadway improvements to the main access way, site lighting, associated grading, extensive landscape work and replace said language of Special Conditions 4)with the word"Deleted". After a public hearing given on the above date, the Planning Board voted to APPROVE the Modification of the Site Plan Special Permit based upon the following conditions: a 6 l�o F' North Andover P ning Board Richard Nardella, Chairman John Simons,Vice Chairman Richard Rowen Tim Seibert Jennifer Kusek 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 On July 17, 2007 upon a motion made by John Simons and seconded by Jennifer Kusek,the Planning Board herein APPROVED the Site Plan Special Permit for the construction of a sixty(60)space parking lot, installation of an underground storm water management and drainage system,minor roadway improvements to the main access way, site lighting,associated grading,extensive landscape work and other improvements shown on the"Plans"as defined below. The project lies in the General Business Zoning District and is located on real property shown on the North Andover Assessors Map 35,Parcel 27 and consists of approximately 320,080 s.£ (7.348 acres)of land with frontage on Osgood Street and Great Pond Road. The Special Permit was requested by the Applicant,Angus Realty Corporation, 1077 Osgood Street,North Andover,MA 01845. This application was filed with the Planning Board on March 26, 2007. The Applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Applicant has filed with the Planning Board all plans and reports required under the North Andover Zoning Bylaws, including but not limited to the information required under Section 8.3 and 10.31 of the North Andover Zoning Bylaws. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board,the Board's peer review consultants, and by the various departments within the Town of North Andover that reviewed the project. All of these plans,reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is located in the General Business Zone and involves the construction of a sixty (60) space parking lot. The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. 2) There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that(1)the proposed access and egress point from Osgood Street will not significantly increase traffic flow or volumes and (2) the parking lot design provides for adequate traffic flow, safety, and sufficient pedestrian connections within the site. 3) The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw. 4) The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices, and has been reviewed by the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. (VHB). Refer to letter dated June 14, 2007 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. 5 An Emergency Response Plan has been incorporated as part of this decision. 6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of 2 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 the Zoning Bylaw; 7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project has been reviewed by the Division of Public Works and the outside consulting engineer, Vanasse, Hangen Brustlin,Inc. 8) The applicant shall comply with the terms and conditions referenced in this Special Permit, the August 31, 1989 Site Plan Special Permit, and the Site Plan Special Permit Modification granted on September 27, 1991. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1) Permit Definitions: A) The"Locus"refers to the 320,080 s.f. (7.348 acres)parcel of land with land fronting on Osgood Street as shown on Assessors Map 35, lot 27, and also known as 1077 Osgood Street,North Andover, Massachusetts. B) The"Plans"refer to the plans prepared by Lynnfield Engineering dated April 30, 2007,revised 5/22/07, 5/24/07, and 7/5/07 entitled"Butcher Boy Marketplace, 1077 Osgood Street,North Andover,Massachusetts 01845 and consisting of sheets Cl —C7,E1 -E2,LTG Calc,and L1 (revised 7/5/07). C) The"Project"or"1077 Osgood Street"refers to the construction of a sixty(60)space parking lot, installation of an underground storm water management and drainage system,minor roadway improvements to the main access way, site lighting,associated grading,extensive landscape work and other improvements shown on the"Plans"as defined above. D) The "Applicant"refers to Angus Realty Corporation,the applicant for the Special Permit. E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant, developer,and owner. 2) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file reports on the 4`h Monday of each month to the Planning Department throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any and all actions taken to resolve these issues. As part of the monthly submissions,the Environmental Monitor will submit all environmental monitoring reports provided to Conservation Commission as part of their Order of Conditions. The designated monitor may not be applicant and/or developer. j 3) The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four(4) 3 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file reports on the 4"'Monday of each month to the Planning Department throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. The designated monitor may not be applicant and/or developer. 4) Deleted 5) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: A) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety(90) days. Failing submission of required final plans within 90 days will render this Special Permit null and void. B) If applicable, the applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for construction of the site to the Planning Department. 6) Prior to the start of construction: A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. E) A pre-construction meeting must be held with the developer, their construction employees, Planning Department, Building Department, and Conservation Department to discuss scheduling of inspections and inspections to be conducted on the project. F) The developer shall provide the Planning Board with copies of permits, plans and decisions received from the Conservation Commission. Should the Town Planner find that plans approved by the Conservation Commission substantially differ from the approved plans of the Planning Board, the developer is required to present the changes through a public hearing to the Planning Board for a modification to site plan approval. G) A site opening/erosion control bond shall be in the total amount of five thousand dollars ($5,000.00) for the purpose of covering any contingencies that might affect the public welfare such as site opening, clearing, erosion control and performance of any other condition contained 4 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 herein. The Guarantee shall be in the form of a bond acceptable to the Town and made payable to the Town of North Andover escrow account. Upon fulfilling the requirements under said bond,the said bond amount will be rolled over to Condition 6(H). H) A bond in the amount of ten thousand dollars ($10,000) must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities,structures, parking spaces,topography, and drainage facilities are submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond should be in the form acceptable to the Town and made payable to the Town of North Andover escrow account. 1) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of covering any contingencies or emergency situations that may degrade or impact the quality of the Town's drinking water supply,Lake Cochichewick. The Guarantee shall be in the form of a bond acceptable to the Town made payable to the Town of North Andover escrow account and will be held in perpetuity. Should the property be sold or transferred, the Planning Department will require that a bond be posted by the new owner and to be held in perpetuity. Said bond will only be utilized for the purposes stated above. 7) Prior to the issuance of a Building Permit: A) Three(3) copies of the signed,recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. C) To ensure the continued protection of the health and welfare of the residents of North Andover and lessen the probability and possibility of contamination and incident to the Town's primary source of drinking, the applicant shall be required to submit to the Planning Department a comprehensive Emergency Response Plan and Maintenance Procedures. The Planning Board shall review and approve said plan. The final plans must be submitted for review within ninety(90)days of filing the decision with the Town Clerk. Failing submission of required Emergency Response Plan within 90 days will render this Special Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be distributed to the Town's Fire Department, Police Department, Planning Department, and the project site where the document(s) will be kept on file and easily accessible in case of an emergency. 8) During construction: A) Dust mitigation and roadway cleaning must be performed weekly or more frequently as directed by the Town Planner throughout the construction process; especially at the corner of the intersection where any new projects are being constructed. B) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt, wood, construction material,etc.)and must be shown on a plan and reviewed and approved by the Town Planner. The developer will make every effort to locate stockpiles on the site away from the Lake Cochichewick. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts to Lake Cochichewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded. 5 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site D) The Town Planner will perform bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 9) Prior to the issuance of a Certificate of Occupancy: A) The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the applicant and/or property owner may provide a bond,determined by the Planning Board;to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to anticipated occupancy. B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. C) Emergency Response Plan to be filed and posted in obvious location such as Fire Department,Police Department and Planning Department. 10) Prior to the final release of all security and escrowed funds: A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as-built plan showing final topography,the location of all on-site utilities, structures,curb cuts, parking spaces, and drainage structures and facilities must be submitted to the Planning Department. The applicant must submit a letter from the architect and engineer of the project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 11) General conditions: A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die must be replaced by the project owner in perpetuity. B) If applicable, tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. C) Snow removal may be stored on the designated storages areas shown on said plans referenced below to the extent possible, but must be trucked off site whenever snow exceeds on-site storage capacity. 6 1077 Osgood Street,Map 35 Lot 27 ' Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 D) Should the Project Owner transfer ownership of the project and/or property, the buyer shall meet with the Planning Board to provide an update on the status of the project. E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. F) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. G) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m.on Saturday. H) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. I) No underground fuel storage shall be installed. J) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control K) Depending on the allowed uses, the Planning Board reserves the right to modify the form and frequency of maintenance testing and inspection. L) Any action by a Town Board,Commission, or Department, which requires changes in the plan or design of the parking lot, as presented to the Planning Board, may be subject to modification by the Planning Board. M) Depending on the allowed uses, the Planning Board reserves the right to modify the form and frequency of maintenance testing and inspection to ensure the continued protection of Lake Cochichewick. N) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the developer must submit revised plans to the Planning Board for approval. O) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit (July 17, 2007), exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two year period or for good cause. P) The applicant must comply with the conditions set forth in the Watershed Special Permit approved on July 17,2007 related to this project. Q) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1. Plan titled: Butcher Boy Marketplace 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. 7 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,20081 ' a 199 Newbury Street, Suite 115 Danvers,MA 01923 20113 JAN 1 1 3: 6 Scale: 1"=40'and 1 30' IT 11 D $S Date: y;l te: Aril 2007 Revised 4/30/07 5/24/07 Sheets: C1 —C7,El —E2,LTG Calc,and Ll (revised 7/5/07) OR `'$ 4 Report titled: Responses to Comments Proposed Parking Lot Expansion 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. 199 Newbury Street,Suite 115 Danvers,MA 01923 Date: May 25,2007 Attachments: Figures Attachment 1 —Emergency Response Plan Attachment 2—Stormwater Analysis and Calculations Attachment 3—Inspection and Maintenance Plan cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 8 E \,P.D E poach ,. ,t``° "0 Town of North Andover Office of the Planning Departmen120 1 JUL 23 AM 8: 27 Division of Community Development �gssqCHUs 1600 Osgood Street North Andover,Massachusetts 01845 M A S S A C NOTICE OF DECISION Any appeal shall be filed within (20)days after the date of filing this notice in the office of the Town Clerk. Date: July 19, 2007 Date of Hearing(s): May 1,thru July 17, 2007 Date of Decision: July 17, 2007 Petition of: Angus Realty Corporation, 1477 Osgood Street,North Andover,MA 01845 Premises Affected: 1077 Osgood Street,North Andover, MA 01845 within the General Business Zoning District, Assessors Map 35,Lot 27. Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A, Sec. 9 So as to allow: to construct a sixty (60) space parking lot, installation of an underground storm water management and drainage system, minor roadway improvements to the main access way, site lighting, associated grading,extensive landscape work within the General Business Zoning District. After a public hearing given on the above date,the Planning Board voted to APPROVE A SITE PLAN SPECIAL PERWT based upon the following conditions: North Andover Planning Board Richard Nardella, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Jennifer Kusek 1077 Osgood Street,Map 35 Lot 27 Site Plan Special Permit—Construction of Parking Lot July 17,2007 On July 17,2007 upon a motion made b John Simons and seconded.b Jennifer Kuse the P Y e k, Y Tanning Board herein APPROVED the Site Plan Special Permit for the construction of a sixty(60)space parking lot,installation of an underground storm water management and drainage system, minor roadway improvements to the main access way,site lighting,associated grading,extensive landscape work and other improvements shown on the"Plans"as defined below. The project lies in the General Business Zoning District and is located on real property shown on the North Andover Assessors Map 35,Parcel 27 and consists of approximately 320,080 s.f. (7.348 acres)of land with frontage on Osgood Street and Great Pond Road. The Special Permit was requested by the Applicant,Angus Realty Corporation, 1077 Osgood Street,North Andover,MA 01845. This application was filed with the Planning Board on March 26, 2007. The Applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Applicant has filed with the Planning Board all plans and reports required under the North Andover Zoning Bylaws,including but not limited to the information required under Section 8.3 and 10.31 of the North Andover Zoning Bylaws. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board,the Board's peer review consultants,and by the various departments within the Town of North Andover that reviewed the project. All of these plans,reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: I) The specific site is an appropriate location for the project as it is located in the General Business Zone and involves the construction of a sixty (60) space parking lot. The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. 2) There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that(1)the proposed access and egress point from Osgood Street will not significantly increase traffic flow or volumes and (2) the parking lot design provides for adequate traffic flow, safety, and sufficient pedestrian connections within the site. 3) The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by the Planning Board,of the North Andover Zoning Bylaw. 4) The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices, and has been reviewed by the outside consulting engineer, Vanasse,Hangen Brusdin, Inc. (VHB). Refer to letter dated June 14, 2007 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. 5) An Emergency Response Plan has been incorporated as part of this decision. 2 1077 Osgood Street,Map 35 Lot 27 Site Plan Special Permit—Construction of parking Lot July 17,2007 6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project has been reviewed by the Division of Public Works and the outside consulting engineer, Vanasse,Hangen Brusft Inc. 8) The applicant shall comply with the terms and conditions referenced in this Special Permit, the August 31, 1989 Site Plan Special Permit, and the Site Plan Special Permit Modification granted on September 27, 1991. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1) Permit Definitions: A) The"Locus"refers to the 320,080 s.f.(7.348 acres)parcel of land with land fronting on Osgood Street as shown on Assessors Map 35,lot 27, and also known as 1077 Osgood Street,North Andover,Massachusetts. B) The"Plans"refer to the plans prepared by Lynnfield Engineering dated April 30,2007,revised 5/22/07, 5/24/07,and 7/5/07 entitled"Butcher Boy Marketplace, 1077 Osgood Street,North Andover, Massachusetts 01845"and consisting of sheets C1—C7,El—E2,LTG Calc,and Ll (revised 7/5/07). C) The"Project"or"1077 Osgood Street"refers to the construction of a sixty(60)space parking lot, installation of an underground storm water management and drainage system,minor roadway improvements to the main access way,site lighting,associated grading,extensive landscape work and other improvements shown on the"Plans"as defined above. D) The"Applicant"refers to Angus Realty Corporation,the applicant for the Special Permit. E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant, developer,and owner. 2) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file reports on the 0 Monday of each month to the Planning Department throughout the duration of the project.The monthly reports shall detail area of non-compliance, if any and all actions taken to resolve these issues. As part of the monthly submissions,the Environmental Monitor will submit all environmental monitoring reports provided to Conservation Commission as part of their Order of Conditions. The designated monitor may not be applicant and/or developer. 3) The applicant shall designate an independent construction monitor who shall be chosen in 3 1077 Osgood Street,Map 35 Lot 27 Site Plan Special Permit-Construction of Parking Lot July 17,2007 consultation with the Planning Department. The construction monitor must be available upon four(4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file reports on the 4s'Monday of each month to the Planning Department throughout the duration of the project. The monthly reports shall detail area of non-compliance,if any,and actions taken to resolve these issues. The designated monitor may not be applicant and/or developer. 4) The site as described in Condition 1(A) is permitted a maximum of two permanent storage trailers. No additional permanent storage of trailers will be allowed on site. Temporary storage trailers maybe allowed for up to two-weeks during holidays and busy periods of operation. This condition is subject to future zoning amendments pertaining to the outside storage of products/goods and the use trailers for this purpose. This decision shall be in compliance with the most current Zoning and General Bylaws for the Town. 5) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: A) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety(90) days. Failing submission of required final plans within 90 days will render this Special Permit null and void. B) If applicable, the applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for construction of the site to the Planning Department. 6) Prior to the start of construction: A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan, provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. D) Yellow "Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. E) A pre-construction meeting must be held with the developer, their construction employees, Planning Department, Building Department, and Conservation Department to discuss scheduling of inspections and inspections to be conducted on the project, F) The developer shall provide the Planning Board with copies of permits, plans and decisions received from the Conservation Commission. Should the Town Planner find that plans approved by the Conservation Commission substantially differ from the approved plans of the Planning 4 1077 Osgood Street,Map 35 Lot 27 Site Plan Special Permit-Construction of Parking Lot July 17,2007 Board, the developer is required to present the changes through a public hearing to the Planning Board for a modification to site plan approval. G) A site opening/erosion control bond shall be in the total amount of five thousand dollars ($5,000.00) for the purpose of covering any contingencies that might affect the public welfare such as site opening, clearing, erosion control and performance of any other condition contained herein. The Guarantee shall be in the form of a bond acceptable to the Town and made payable to the Town of North Andover escrow account. Upon fulfilling the requirements under said bond,the said bond amount will be rolled over to Condition 6(W. H) A bond in the amount of ten thousand dollars ($10,000) must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, parking spaces,topography,and drainage facilities are submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond should be in the form acceptable to the Town and made payable to the Town of North Andover escrow account. I) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of covering any contingencies or emergency situations that may degrade or impact the quality of the Town's drinking water supply,Lake Cochichewick. The Guarantee shall be in the form of a bond acceptable to the Town made payable to the Town of North Andover escrow account and will be held in perpetuity. Should the property be sold or transferred, the Planning Department will require that a bond be posted by the new owner and to be held in perpetuity. Said bond will only be utilized for the purposes stated above. 7) Prior to the issuance of a Building Permit: A) Three(3)copies of the signed;recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. C) To ensure the continued protection of the health and welfare of the residents of North Andover and lessen the probability and possibility of contamination and incident to the Town's primary source of drinking, the applicant shall be required to submit to the Planning Department a comprehensive Emergency Response Plan and Maintenance Procedures. The Planning Board shall review and approve said plan. The final plans must be submitted for review within ninety(90) days of filing the decision with the Town Clerk. Failing submission of required Emergency Response Plan within 90 days will render this Special Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be distributed to the Town's Fire Department, Police Department, Planning Department, and the project site where the document(s) will be kept on file and easily accessible in case of an emergency. 8) During construction: A) Dust mitigation and roadway cleaning must be performed weekly or more frequently as directed by the Town Planner throughout the construction process; especially at the corner of the intersection where any new projects are being constructed. B) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt, wood, construction material,etc.)and must be shown on a plan and reviewed and approved by the Town Planner. The developer will make every effort to locate stockpiles on the site away from the Lake 5 1077 Osgood Street,Map 35 Lot 27 Site Plan Special Permit—Construction of Parking Lot July 17,2007 Cochichewick. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts to Lake Cochichewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance,any and all equipment that shall emanate sounds from the structures or site D) The Town Planner will perform bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 9) Prior to the issuance of a Certificate of Occupancy: A) The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the applicant and/or property owner may provide a bond,determined by the Planning Board,to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to anticipated occupancy. B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streams. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. C) Emergency Response Plan to be filed and posted in obvious location such as Fire Department,Police Department and Planning Department. 10) Prior to the final release of all security and escrowed funds: A) The Planning Staff shall, review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as-built plan showing final topography,the location of all on-site utilities,structures,curb cuts, parking spaces, and drainage structures and facilities must be submitted to the Planning Department. The applicant must submit a letter from the architect and engineer of the project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 11)General conditions: A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die must be replaced by the project owner in perpetuity. B) If applicable, tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. 6 1077 Osgood Street,Map 35 Lot 27 Site Plan Special Permit—Construction of Parking Lot July 17,2007 C) Snow removal may be stored on the designated storages areas shown on said plans referenced below to the extent possible,but must be trucked off site whenever snow exceeds on-site storage capacity. D) Should the Project Owner transfer ownership of the project and/or property,the buyer shall meet with the Planning Board to provide an update on the status of the project. E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. F) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. G) The hours for construction shall be limited to between 7:00 a.m, and 5:00 p.m. Monday through Friday and between 8:00 a.m.and 5:00 p.m.on Saturday. I ) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. I) No underground fuel storage shall be installed. J) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. K) Depending on the allowed uses, the Planning Board reserves the right to modify the form and frequency of maintenance testing and inspection. L) Any action by a Town Board, Commission, or Department,which requires changes in the plan or design of the parking lot, as presented to the Planning Board, may be subject to modification by the Planning Board. M) Depending on the allowed uses, the Planning Board reserves the right to modify the form and frequency of maitanance testing and inspection to ensure the continued protection of Lake Cochichewick. N) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. O) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit (July 17, 2007), exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two year period or for good cause. P) The applicant must comply with the conditions set forth in the Watershed Special Permit approved on July 17,2007 related to this project. Q) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1. Plan titled: Butcher Boy Marketplace 1077 Osgood Street North Andover,MA 7 1077 Osgood Street,Map 35 Lot 27 Site Plan Special Permit-Construction of parking Lot July 17,2007 Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. 199 Newbury Street,Suite 115 Danvers,MA 01923 Scale: I"=40'and V=30' Date: April 2007,Revised 4/30/07,5/24/07 Sheets: Cl-C7,El-E2,LTG Cale,and Ll (revised 7/5/07) Report titled: Responses to Comments Proposed Parking Lot Expansion 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. 199 Newbury Street, Suite 115 Danvers,MA 01923 Date: May 25,2007 Attachments: Figures Attachment 1-Emergency Response Plan Attachment 2-Stormwater Analysis and Calculations Attachment 3-Inspection and Maintenance Plan cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 8 NOW OR FORMERL Y BRIAN MCANALL Y NOW OR FORMERLY �I FRED BOUCHER ' 2c9�A o, 2�6,82 NOW OR FORMERL Y A a�Z92 NOW OR FORMERL Y _ FREDERIK FONTEIN TOBI MCCARTHY Foo341.26' ^' 02 217.28' pN��fLOT A EDGE OF oo PAVEMENT +� v AREA=320,080± S.F. Q 2152, S?s .t� •6' �f.348± ACRES) NOW OR FORMERLY JOSEPH PELICH C©NC 357.64' j- �� h D,qj , �p 5 2 OR FORUM Y •NOW-OR FORMERLY OHN KEIL TY (.5 ac PAUL LAWSON X o z _ Ato FOR REGISTRY USE ONL Y O� 0 1. THIS PLAN DOES NOT REPRESENT A CONI QLu LINES NOR A DETERMINATION OF 7771E BU� IS SOLELY INTENDED YTo NOW OR FORMERLY DEPICT THE OFFSET DIMENSIONS OF THE PROPOSED A >\Q W CELESTIAL REALTY pRTy ANDOVER DDI77ON TO co THE BOUNDARY LINES AS DEPIC7L0 ON PLAN No. 9848 RECORDED AT THE ESSEX NORTH REGISTRY OF DEEDS w TRUST �p BOARD OF APPEALS 2. THE SUBJECT PROPERTY IS DEPICTED AS LOT 27 ON NORTH t ANDOVER ASSESSOR'S MAP 35. cV 3. THE SUBJECT PROPERTY IS LOCA TED IN N GENERAL BUSINESS (GB) NOW OR FORMERLY ZONING DISTRICT. TOWN OF NORTH ANDOVER ry (PUMP STA PON) 1077 OSGOOD STREET PROPOSED EDGE PLOT PLAN! QFL OF PAVEMENT X70 00 0 00' AND 32. TO ACCOMPANY REQUEST FOR A VARIANCE 0 0 EASEMEN T�r _ - 0-00 LOCA TED IN NOR TH ANDOVER, MASSACHUSETTS DA SE p p�ND 133)v LAYoOT. (ESSEX COUN TY) pgo. ME 429 95 GREAT' �R��95 B E W�OTM PREPARED FOR �OG� 0 ® (PO$�IC �p,�tI I DECLARE, TC3EST OF MY PROFESSIONAL KNOWLEDGE, ANGUS REAL TY CORPORA TION INFORMATION, 'ELIEF, THAT THE PROPERTY LINES DEPICTED OCTOBER 18, 2006 ARE THE L/NE'ING EXISTING OWNERSHIPS, AND THE LINES SCALE. 1"= 100' DATE.' S OF STREETS A YS DEPICTED ARE THOSE OF PUBLIC OR 50 0 50 100 200 L�1I�.�' CO NO PRI VA TE STRE,'D WA YS ALREADY ESTABLISHED, AND THAT ���+ NO NEW LINEN VISION OF EXISTING OWNERSHIPS OR FOR REQ��/�== 0�E� I DECLARE, TO THE BEST OF MY PROFESSIONAL NEW STREET y'S PE DEPICTED. ANGUS REALTY CORPORATION KNOWLEDGE, INFORMATION, AND BELIEF, THAT ( MASS. 41, SECT. 81—X ) M E R I D I A N 1077 OSGOOD STREET /lS PLAN WAS PREP D IN ACCORDANCE ® ® ® NORTH ANDO UER, MASSACHUSETTS 01845 THE RULES AN R GU TIONS OF THE A S S 0 C I A T.E S, INC. — DEED BOOK 912, PAGE 443 REGIS OF DE S. /� � 162 coxANTACl sTRr r - DEED BOOK 3971, PAGE 253 _ f�f$.ZdG� ` , BEMLY, aE. (978) 29s 01916 e9 �.x sem• strSE 302 — PLAN No. 12350 TELEPHONE: (978) 289-0447 WL9T$OROUGH; : (508 871-78 01681 TELEPHONE: (508) 871-7030 — 12121 �•���00'C0� PLAN No. "— FOR MERIDIAN ASSOCIA S, INC. DATE FO A S INC. DATE DWG No. 2592zbo2.DWG PLAN No. 1212 BK. 147, PG. 53 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1391 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 Kenneth Yameen Angus Realty Corporation use the return a. First Name b.Last Name c.Company key. 1077 Osgood Street d.Mailing Address North Andover MA. 01845 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 1077 Osgood Street North Andover a.Street Address b.City/Town Map 35 Parcel 27 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: 42-42'-52" 71-06'-52" 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) 912 443 c. Book d. Page 3/22/07 !3 7. Dates: a.Date Notice of Intent Filed b.Date Pu is Hefaring Closed c.IDWilaand7e s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Existing Conditions Plan a. Plan Title Lynnfield Engineering, Inc. Richard Barthelmes, P. E. b. Prepared By c.Signed and Stamped by Y 'YY V.7 1„ =40' d.VFn?�6vision Date e.Scale S� .Ctiea f.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid: $1,000.00 $237.50 $762.50 a.Total Fee Paid b.State Fee Paid c.Cityfrown Fee Paid I wpaform5.doc- rev.3/1/05 Page 1 of 9 I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1391 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. El Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank 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 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1391 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. 1:1 Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d. cubic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 10. ❑ 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.c/y 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.3/1105 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1391 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection ect on 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 dredgingproject 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 242-1391 " wpaform5.doc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection L77 Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1391 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1105 Page 5 of 9 't f , Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1391 � 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 space for c. The special conditions relating to municipal ordinance orb law are as follows: additional See attached conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 6 of 9 DEP FILE # 242 - 1391 '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. 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\10770sgoodSt.doc 1 NACC 7/2/2007 DEP FILE #242 - 1391 25. This Order of Conditions is issued under File No. 242-1391. 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 t ermA licant as used in this Order of Conditions shall refer to the owner,, an Y 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 expansion of an existing parking lot,stormwater management structures and associated grading activities within the buffer zone to a Bordering Vegetated Wetland (BVW) associated with Lake Cochichewick(across Great Pond Road). The proposed work also includes the construction of a small access ramp within an existing paved area within the buffer zone to an additional Bordering Vegetated Wetland (BVW) to the rear of the existing building. The site is located within the Watershed Protection District. As a commercial project with a net increase in impervious area,The NACC finds that the project is subject to the requirements of the Stormwater Management and Flood Storage standards of the North Andover Wetlands Protection Bylaw (section 7) and the Stormwater Management Policy. Upon a comprehensive drainage review and with the exception of Standard 3 (Recharge),the project as proposed meets the requirements of the nine stormwater management standards. The recharge standard could not be met due to the project being within an area that prohibits the infiltration of runoff from paved areas (local Watershed Protection District). Acknowledging this,the NACC is satisfied and accepts the project as proposed. 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: Angus Realty Corporation (Applicant) C/o Kenneth Yameen 1077 Osgood Street North Andover,MA 01845 Dated March 22,2007 Prepared by: Lynnfield Engineering,Inc. (Representative) 199 Newbury Street, Suite 115 Danvers,MA 01923 Site Plans prepared by: Lynnfield Engineering,Inc. (Representative) 199 Newbury Street, Suite 115 Danvers,MA 01923 CAWinword\00C\10770sgoodSt.doc 2 NACC 7/2/2007 f r DEP FILE #242 - 1391 Dated April 2007,revised through 5/24/07. Consisting of sheets C-1 through C-6 and E-1 &E-2. Stamped & Signed by Richard Barthelmes,P.E. (no title on Cover sheet) Other Record Plans & Documents: Stormwater Analysis and Calculations dated February 9, 2007,revised May 18,2007, Stormceptor Design Summary/Specifications/Standards (no date); Operation and Maintenance Plan dated February 9,2007, revised May 24,2007; Drainage Review Letter prepared by Eggleston Environmental dated May 4,2007; Drainage Review Response Letter prepared by Lynnfield Engineering,Inc. dated May 8,2007; Drainage Review E-mail prepared by Eggleston Environmental dated May 15,2007; Drainage Review Response Letter prepared by Lynnfield Engineering,Inc. dated May 25,2007, Drainage Review Letter prepared by Eggleston Environmental dated June 5,2007, Letter prepared by Lynnfield Engineering,Inc. dated April 10,2007 and attached plans entitled Proposed Ramp; Aerial Photo of existing site conditions (no date). 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetlands (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site and as depicted on the approved plans referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone C:\Winword\OOC\10770sgoodSt.doc 3 NACC 7/2/2007 r DEP FILE #242 - 1391 and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except in those already disturbed locations as depicted on the approved plan referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive 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 Commission's jurisdiction under the order,agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35. Issuance of these Conditions does not in 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 all proceedings before the Department or Court have been completed. 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor 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 C:\Winword\OOC\10770sgoodSt.doc 4 NACC 7/2/2007 DEP FILE #242 - 1391 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 242-1391." 39. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project 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 are 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 the construction of compensation and retention areas,installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 42. Prior to the commencement of any work, the applicant shall permanently mark the edge of disturbance (treelin%dge of existing pavement to rear) with seven (7) signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 43.Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until 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 CAWinword\00C\10770sgoodSt.doc 5 NACC 7/2/2007 DEP FILE #242 - 1391 time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 44. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commission's request. 45. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 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. All additional emergency erosion controls shall be on site prior to the commencement of any work on site and will be verified by the Conservation Department during the pre- construction meeting. 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 continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 47. The applicant shall designate a Qualified Professional Wetland Scientist as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm for subsequent review and approval by the NACC or agent thereof. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be C:\Winword\OOC\10770sgoodSt.doc 6 NACC 7/2/2007 DEP FILE #242 - 1391 required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 48. ON EVERY MONDAY of each week,or otherwise arranged by the NACC,in which construction activities occurs on-site and for as long thereafter as ground remains unstable, it is the applicant's responsibility to ensure that the Environmental/Erosion Control Monitor (EMC) monitor the site and submit written reports to the NACC. The EMC shall certify that,to the best of his/her knowledge and belief based on a careful site inspection,all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EMC must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity,and/or other water quality impacts. Monitoring reports shall include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and/ or replacement; and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports. This request must be submitted in writing and is subject to approval by the Conservation Administrator. 49. 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. 50. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice for each pre- construction meeting (e.g. 72 hours). C:\Winword\OOC\10770sgoodSt.doc 7 NACC 7/2/2007 DEP FILE #242 - 1391 11STORMWATER MANAGEMENT CONDITIONS 51. All construction and post-construction stormwater management systems shall be conducted in accordance with the approved construction sequence,supporting documents and plans submitted with the Notice of Intent,the Department of Environmental Protection Stormwater Management Policy,and the approved Operation and Maintenance Plan attached herein. 52. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer. The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted until a Certificate of Compliance is issued. Compliance with the designed stormwater management system and associated stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 53. All drainage structures shall be properly installed and functional. During construction, all drainage structures shall be maintained,as outlined in the approved Operation and Maintenance Plan attached herein. 54. Construction of the stormwater structures shall be constructed and functioning as part of the initial project phase,immediately following clearing and rough grading of the site to serve as siltation control during construction. Runoff from the site shall be directed towards these basins. 55. Temporary and/or permanent basins being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six(6) inches.The basins shall be cleaned of sediment prior to final grading and construction of permanent stormwater basins. 56. 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. 57. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 58. Prior to the issuance of the Certificate of Compliance,the applicant shall be responsible for cleaning all stormwater structures,in accordance with the approved Operation &Maintenance Procedures Plan attached herein and the associated stormwater management conditions referenced herein. C:\Winword\OOC\10770sgoodSt.doc 8 NACC 7/2/2007 DEP FILE #242 - 1391 59. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 60. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 61. A crushed stone construction entrance shall be designated at the entrance drive to minimize soil/material tracking in accordance with the approved standards and specifications. The construction entrance shall be maintained and reinforced as necessary. 62. Erosion control devices shall be inspected regularly;any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas;silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 63. Upon beginning work, the applicant shall submit written progress reports every week detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 64. Any plants,trees or shrubs that have been incorporated into the Landscape Plan approved and referenced herein that exhibit die back shall be replaced by the applicant or prospective owner in perpetuity of this Order. 65. All catch basins shall contain oil/gasoline traps,and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 66. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 67. Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be installed at any catch basin/storm drain within 50 feet of the work. C:\Winword\OOC\10770sgoodSt.doc 9 NACC 7/2/2007 t DEP FILE #242 - 1391 68. 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. 69.Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring_ De-watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de- watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval,which provides for the pumped water to be contained in a settling basin,to reduce turbidity prior to discharge into a resource area. 70. Associated pavement and roadways shall be swept at least once per week or as directed by the Erosion Control monitor,the Site Supervisor, Project Manager,or the Conservation staff for as long as the site remains exposed and unstabilized. 71. 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. 72. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 73. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 74. Equipment shall not be staged overnight within 50-feet of a wetland resource area. 75. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 76. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 77. 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 C:\Winword\00C\10770sgoodkdoc 10 NACC 7/2/2007 T DEP FILE #242 - 1391 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. 78. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. [AFTER CONSTRUCTION 79. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection Bylaw. 80. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland Protection Bylaw and shall remain in perpetuity. 81. There shall be no dumping of leaves,grass clippings,brush,trash or other debris into the wetland resource area or within 25' of the wetland resource area. This condition shall survive the expiration of this Order and shall be included as a continuing condition in perpetuity. 82. The approved Operation &Maintenance Plan is fully binding upon the applicant and/or owners, successors, agents,associations,heirs and assigns and must be adhered to in perpetuity. 83. Prior to the issuance of a Certificate of Compliance,the applicant shall submit an Affidavit from the assignee (s) acknowledging the Operation &Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation & Maintenance Plan and other perpetual conditions mandated in this Order. 84. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces within the entire site (protected watershed area),and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. Further, snow stockpiling is prohibited within 50 feet of any/all wetland resource areas on the site. Permanent signs designating"No-Salt Zone" and"No-Snow Stockpiling Zones" shall be displayed in prominent locations. The location and placement of these signs are subject to C:\Winword\OOC\10770sgoodSt.doc 11 NACC 7/2/2007 r DEP FILE #242 - 1391 review and subsequent approval by the NACC or Agent thereof. Signs are available for purchase at the Conservation Department. 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. 86. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 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 (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. CAWinword\00C\10770sgoodSt.doc 12 NACC 7/2/2007 j r DEP FILE #242 - 1391 ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, P ools, retainingwalls subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 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# 78); ➢ Maintenance of catch basins (Condition#65); ➢ 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#59); ➢ Prohibition of underground fuels (Condition#79); ➢ Limitations on the use of fertilizers,herbicides, road salts, de-icing compounds and pesticides (Conditions #80 & #84); ➢ Prohibition of dumping of leaves, grass clippings,brush, trash, or other debris (Condition#81); ➢ Prohibition and Limitations on snow stockpiling (Condition#84); ➢ Replacement of Plantings (Condition#64); ➢ The attached Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced and Pan (system lCondition #82). C:\Winword\OOC\10770sgoodSt.doc 13 NACC 7/2/2007 t � f t INSPECTION AND MAINTENANCE PLAN FOR BUTCHER BOY MARKETS 1077 OSGOOD STREET (ROUTE 125) NORTH ANDOVER, MASSACHUSETTS r I t 3 Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover, Massachusetts 01845 February 9, 2007 Revised: May 24, 2007 'I 1 ' i r 1 • Ij �I PROJECT DESCRIPTION: ,I The Owner Angus Realty Corporation, is proposing expansion of the existing parking lot and stormwater management system. The Owner will be responsible for any future maintenance and implementation of this Inspection and Maintenance Plan. Owner i Angus Realty Corporation 1077 Osgood Street North Andover, MA 01845 Telephone: 978-688-1511 Facility Contact(Site Maintenance) Alan Yameen Angus Realty Corporation 1077 Osgood Street rel North Andover, MA 01845 Telephone: 978-688-1511 Engineer Richard Barthelmes, P.E. Lynnfield Engineering, Inc. 199 Newbury Street Suite 115 Danvers,MA 01923 Telephone: 978-777-7250 Planned Erosion and Sedimentation Control Measures During Construction Activities i Storm Drain Inlet Protection A temporary storm inlet protection filter will be placed around all catch basin units. The purpose of the filter is to prevent the inflow of sediments into the closed drainage system. The filter shall remain in place until a permanent vegetative cover is established and the transport of sediment is no longer visibly apparent. The filter shall be inspected and maintained on a weekly basis and after every storm event. Page 1 of 3 KA335-40\Reports\051807_Insp and Maint plan.doc I I�i Surface Stabilization The surface of all disturbed areas shall be stabilized during and after construction. Temporary measures shall be taken during construction to prevent erosion and siltation. All disturbed slopes will be stabilized with a permanent vegetative cover. Some or all of the following measures will be utilized on this project as conditions may warrant. a. Temporary Seeding b. Temporary Mulching C. Permanent Seeding d. Placement of Sod e. Hydroseeding f. Placement of Hay g. Placement of Jute Netting Inspection and Maintenance of Stormceptor Units The performance of the these units shall be checked after every major storm event during construction. 1 ' l Long-Term Inspection and Maintenance Measures After Construction j Erosion Control Eroded sediments can adversely affect the performance of the stormwater management system. Eroding } or barren areas should be immediately re-vegetated. �# Ij Subsurface Detention Facilities i. The detention facilities should be inspected after the first several rainfall events or first few months after construction, after all major storms (2 year),and on regular bi-annual scheduled dates. Ponded water inside the system (as visible from the observation well)may indicate settling of the system. Debris and Litter Removal j Trash may collect in the BMP's,potentially causing clogging of the facilities. All debris and litter shall be removed when necessary, and alter each storm event. Inspection and Maintenance of Deep Sump Catch Basins and Outlet Control Manhole (PDMH#3) i The outlet control manhole shall be inspected four(4)times per year, and if necessary, any maintenance shall be performed so that it functions as designed. The manhole shall be cleaned twice per year, and when sediment in the bottom of the sump reaches 12-inches below the bottom of the lowest outlet. Inlet and outlet pipes should be checked for clogging. At a minimum, inspection of the outlet control manhole i shall be performed during the last week of April and the first week of October each year. Page 2 of 3 K:\335-40\Reports\051807_Insp and Maint plan.doc r t s { i t Stormceptor Water Quality Treatment Unit {: The performance of all stormwater quality measures decrease as they fill with sediment. Although the N maintenance frequency will be site specific, Stormceptor generally recommends annual maintenance be performed or when the sediment reaches 8"in depth. Oil is removed through the inspection/cleanout pipe and sediment is removed through the outlet riser pipe. Alternatively, oil could be removed from the outlet riser pipe if water is removed from the treatment chamber, lowering the oil level below the drop pipes. In the event of any hazardous material spill,maintenance should be performed by a licensed liquid waste hauler. The appropriate regulatory agencies should also be notified. k i The requirements for the disposal of material from a Stormceptor are similar to that of any other Best Management Practices (BMPs). Local guidelines should be consulted prior to disposal of the separator contents. In most areas the sediment, once dewatered, can be disposed of in a sanitary landfill. It is not anticipated that the sediment would be classified as a hazardous waste. In some areas,mixing the water with the sediment will create a slurry that can be discharged into a trunk sanitary sewer. In all disposal options, approval from the disposal facility agency is required. Petroleum waste products collected in N stormceptor(oil/chemical/fuel spills) should be removed by a licensed waste management company. I A copy of the Owner's Manual detailing maintenance procedures for the unit is presented in Attachment No. 1. Catch Basin Maintenance jg. Catch basins shall be inspected on an annual basis to determine the depth of sediment contained within the sump. A minimum 12" separation shall be maintained between accumulated sediment and the catch basin outlet. Accumulated debris shall be removed, as necessary,to insure proper operation of the catch basin, but not later than every three years. Accumulated debris shall be removed by a qualified contractor and transported off site for disposal. Pavement Maintenance Paved areas of the site shall be inspected on a regular basis and cleaned of accumulated sand and debris. At a minimum,paved areas shall be cleaned on a semi-annual basis. Pavement cleaning shall be performed by a qualified contractor and all material removed transported off site for disposal. Snow Removal/Storage Snow from the proposed parking lot area is to be transported to offsite by the snow removal contractor. No stockpiling or storage of snow from paved areas of the site is to be performed along Great Pond Road. Deicing chemicals are not to be utilized on the site. In compliance with the existing deed restrictions, I pesticides,fertilizers and other chemical shall not be used on the site. Page 3 of 3 H i K:\33540\Reports\051807 Insp and Maint plan.doc � 1 i i r i S qqk f Y. I'. P �I 1 f t f �I I ATTACHMENT NO. 1 Stormceptor's Owner's Manual j I it I t j Stormce r Owner' s Manual April 2000 The Stormceptor®System is protected by one or more of the following patents: , Canadian Patent No. 2,009,208 Canadian Patent No.2,137,942 Canadian Patent No. 2,175,277 Canadian Patent No.2,180,305 Canadian Patent No.2,206,338 U.S. Patent No. 4,985,148 ? U.S.Patent No. 5,498,331 U.S.Patent No. 5,725,760 U.S.Patent No. 5,753,115 U.S.Patent No. 5,849,181 U.S. Patent No. 6,068,765 Australia 693.164 Australia 707,133 New Zealand 314,646 European Paten Treaty 95 307 996.9 The Stormceptor System for { � 1 i Stormwater Quality Improvement Congratulations! $ Your selection of a Stormceptor® System means that you have chosen the most recognized and efficient stormwater oil/sediment separator available. Stormceptor is a pollution control device that protects our lakes, rivers and streams from the harmful effects of non-point source pollution. Please address any questions or concerns regarding the Stormceptor Systems to Stormceptor Canada Inc at 1-800-565-4801 or visit our website at www.stormceptor.com. t I . What is a Stormceptor? i Stormceptor is a patented water quality structure that takes the place of a conventional manhole with in a storm drain system. Stormceptor removes free oil (TPI) and suspended solids (TSS) from stormwater preventing spills and non-point source pollution from entering downstream lakes and rivers. Key benefits of a Stormceptor include: • Capable of removing 50%to 80%of the total sediment load when properly applied as a source control for small areas • Removes free oil from stormwater during low flow conditions • Will not scour or re-suspend trapped pollutants I • Excellent spill control device for commercial and industrial developments • Easy to maintain(vacuum truck) • STORMCEPTOR clearly marked on the cover(excluding inlet designs) • Engineered and continually tested • Vertical orientation therefore resulting in a smaller footprint Please Maintain Your Stormceptor To ensure long-term environmental protection through continual performance, Stormceptor must be maintained The need for maintenance is determined through inspection of the Stormceptor. Procedures for inspection are provided in this document. Maintenance of the Stormceptor is performed from the surface via vacuum truck. . If you require a list of contacts for cleaning your Stormceptor please call one of our Stormceptor offices or your nearest Stormceptor affiliate(affiliates listed in Appendix 1). Stormceptor t r iR f i it i I! How does Stormeeptor®Work? �I Stormceptor can be divided into two components: if • Lower treatment chamber • Upper by-pass chamber Stormwater flows into the by-pass chamber via the storm drain pipe. Low flows are diverted into the treatment chamber by a weir and drop pipe arrangement. The treatment chamber is always full of water. L. Water flows up through the outlet pipe based on the head at the inlet weir,and is discharged back into the by-pass chamber downstream of the weir. The downstream section of the by-pass chamber is connected to the outlet storm drainpipe. Free oils and other liquids lighter than water will rise in the treatment chamber and become entrapped ' beneath the fiberglass insert since the outlet pipe is submerged. Sediment will settle to the bottom of the k chamber by gravity. The circular design of the treatment chamber is critical to prevent turbulent eddy currents and to promote settling. During high flow conditions, stormwater in the by-pass chamber will flow overtop of the weir and be conveyed to the outlet storm drain directly. Water that overflows the weir creates a backwater effect on the outlet pipe (head stabilization between the inlet drop pipe and outlet riser pipe) ensuring that excessive flow will not be forced into the treatment chamber, which could scour or re-suspend the settled material. j The by-pass is an integral part of Stormceptor since other oil/grit separators have been noted to scour during high flow conditions(Schueler and Shepp, 1993). Stormceptor Models and Identification Stormceptor is available in both concrete and fiberglass. There are currently nine different sizes available. A concrete Stormceptor is denoted by STC (e.g. STC6000) preceding the model number. A fiberglass Stormceptor is denoted by STA(e.g.STA6000)preceding the model number. In the concrete Stormceptor, a fiberglass insert separates the treatment chamber from the by-pass chamber. There is three insert designs: the"spool",the"disc"and the"inlet". The different insert designs are illustrated in Figures 1, 2 and 3. These designs are easily distinguishable from the surface once the cover has been removed. In the"spool"design you will see one large 914 mm (36")opening in the center of the insert with two 200 mm (8") inspection ports located either vertically on the sides of the 914 mm (36") opening or horizontally on either side of the opening. There are three versions of the in-line disc insert: "single inlet/outlet", "multiple inlet" and "submerged". In the"disc" design you will be able to see the inlet pipe,the drop pipe opening to the lower chamber,the weir, a 150 mm (6")oil inspection/cleanout pipe, a large 610 mm (24')riser pipe-opening offset on the outlet side of the structure,and the outlet pipe from the unit. The weir will be around the 610 mm(24'�outlet pipe on the"multiple inlet"disc insert. The "submerged" disc insert has a higher weir and a second inlet drop pipe. In the "inlet" design you will be Stormceptor r , i 7 I . I i able to see the 305 mm (12'D inlet drop pipe and 100 mm(4") outlet riser pipe as well as a central 100mm I� [4"]oil inspection/cleanout port. I' f i Maintenance from the surface by vacuum j truck. Vacuum hose IF lowered through central _ I; i opening in insert Spool Insert �e Concrete Stormceptor i Figure 1 "Spool" Insert Concrete Stormceptor® Stormceptor r • 1 Sediment&oil Oil removal can be removal can be performed by vacuum truck performed by vacuum through the oil inspection/ truck through the cleanout pipe large outlet riser pipe Disc Insert '1 Concrete Stormceptor Figure 2 Single Inlet/Outlet"Disc" Insert Concrete Stormceptor® 1 Stormceptor Inlet Grate Oil Port Inlet Insert Removable Teew „x j Maintenance Figure 3 STC 300/450 Inlet Insert Sizes/Models f Dimensions of the fiberglass and concrete Stormceptor®units are provided in Table 1. Values of invert to grade are provided later in this document for your site. The total depth for cleaning will be the sum of the depth from invert to grade and invert to the bottom of the unit. Table 1. Stormceptor Dimensions Model Model Pipe Invert to Bottom of Pipe Invert to Bottom of (Metric) (US) STA Stormceptor STC Stormceptor m(in.) In(in.) 300 450 1.6 (64) 1.7 (68) 750 900 1.6 (64) 1.9 (74) 1000 1200 2.1 (81) 2.2 (86) ` 1500 1800 2.9 (115) 3.1 (122) 2000 2400 2.3 (89) 3.1 (122) 3000 3600 3.2 (127) 4.0 (158) 4000 4800 2.9 (113) 3.7 (146) 5000 6000 3.5 (138) 4.3 (170) 6000 7200 3.3 (128) 4.0 (158) * Depths are approximate The capacities of the different Stormceptor units are provided in Table 2. Stormceptor Table 2. Stormceptor*Capacities Model Model Sediment Oil Total Holding (Metric) (US) Capacity Capacity Capacity L(US al) L(US gal) L(US gal) 300 450 1275(335) 325(85) 1775(470) 750 900 2460 (565) 915 280) 4325 (950) 1000 1200 3260 (845) 915 (280)5 125 (1230) 1500 1800 5660 (1445) 915 (280)7 525 (1830) 2000 2400 6150 (1345) 2945 (880) 10925 (2495) 3000 3600 10415 (2600) 2945 (880) 15195 (3750) 4000 4800 14060 (347 3490 (1025) 20180 (5020) 5000 6000 18510 (4550) 3490 (1025) 24635 (6095) 6000 7200 23445 (5425) 4150 (1100) 31210 (7415) Identification Even if you do not have plans of your storm drain system you will be able to easily identify where the inline Stormceptor unit(s) (spool or disc insert) are since the name STORMCEPTOR is clearly embossed on the cover. You will be able to determine the location of"inlet" Stormceptor units with horizontal catch basin inlets by looking down the grate since the insert will be visible. The name Stormceptor is not embossed on the inlet models due to the variability of inlet grates used/approved across North America. Once you have found the unit, you may still be uncertain which model number it is. Comparing the measured depth from the water level (bottom of insert)to the bottom of the tank with Table 1 should help determine the size of the unit. Starting in 1996, a metal serial number tag has been affixed to the inside of the unit.The serial number has the model number written on it. If the unit does not have a serial number, or if there is any uncertainty regarding the size of the interceptor;using depth measurements, please contact Stormceptor at 1 800 565- 4801 and we will help you determine the size of a particular unit. What is the Maintenance Procedure? Maintenance of Stormceptor is performed using vacuum trucks. No entry into the unit is required for maintenance of the spool insert, inlet insert or the smaller disc inserts. Entry to the level of the disc insert may be required for servicing the larger disc insert models. DO NOT ENTER THE STORMCEPTOR CHAMBER unless you have the proper equipment, have been trained and are qualified to enter a confined space,as identified by local Occupational Safety and Health Regulations(e.g. Canada Occupational Safety and Health Regulations — SOR/86-304). Without the proper equipment and training, entry into confined spaces can result in serious bodily harm and potentially death Consult local, provincial, and/or state regulations to determine the requirements for confined space entry. Be aware that the insert may be slippery. In addition, be aware that some units do not have a safety grate to cover the outlet riser pipe that leads to the submerged,lower treatment chamber. Stormceptor The Vacuum Service Industry is a well-established sector of the service industry that cleans underground tanks, sewers and catch basins. Costs to clean a Stormceptore will vary based on the size of unit and transportation distances. The depth of oil in the interceptor can be determined by inserting a dipstick tube in the 150 mm (6") oil inspection/cleanout pipe("disc"design), or in the 914 mm(36')central access way("spool"design),or in the 100 mm(4")cleanout pipe ("inlet"design). Similarly, the depth of sediment can be measured from the surface without,entry into the Stormceptor via a dipstick tube equipped with a ball valve (Sludge Judge). This tube would be inserted in the central opening ("spool" design) or in the 610 mm (24") opening("disc"design), or in the 100 mm (4")cleanout pipe ("inlet" design). Maintenance should be performed once the sediment depth exceeds the guideline values provided in Table 3. For the "spool" design Stormceptor maintenance is performed through the large central 914 mm (36") diameter opening for both the oil and the sediment. In the "disc" design, oil is removed through the 150 mm (6") oil inspection/cleanout pipe and sediment is removed through the 610 mm (24") diameter outlet riser pipe. Alternatively, oil could be removed from the 610 mm (2411) opening if water is removed from the lower chamber to lower the oil level to the level of the drop pipes. For the "inlet"design,maintenance is performed through the 305mm (12") inlet drop pipe for the sediment, and oil can be removed from the 100 mm(4")off/inspection cleanout pipe. We recommend the following procedure to clean out the Stormceptor: 1. Check for oil(using a dipstick tube) 2. Remove any oil separately using a small portable pump 3. Decant the water from the unit to the sanitary sewer using a portable pump (prior approval is required from the sewer authority/municipality) 4. Remove the sludge from the bottom of the unit using a vacuum truck 5. Re-fill the Stormceptor with water where required by the local jurisdiction How Often Is Maintenance Required? Generally, annual maintenance is recommended but the required maintenance frequency will vary with the amount of pollution on your site (number of hydrocarbon spills, amount of sediment, etc.). It is recommended that the frequency of maintenance be increased or reduced based on local conditions.If the sediment load is high, maintenance may be required semi-annually.Conversely once the site has stabilized, maintenance may be required less frequently.Maintenance should be performed immediately after an oil spill or once the sediment depth in Stormceptor reaches the value specified in Table 3 based on the unit size. In the "disc" design and "inlet" design, any potential obstructions at the inlet can be observed from the surface. The "disc" insert has been designed as a platform to facilitate maintenance of the Stormceptor and the storm drain system. Stormceptor Table 3. Sediment Depths Indicatinj Required Maintenance Model Model Sediment Depth (Metric) (US) mm(in.) 300 450 200 (8) 750 900 200 (8) 1000 1200 250(10 1500 1800 375(15) 2000 2400 300(12) 3000 3600 425(17) 4000 4800 375(15) 5000 6000 450(18) 6000 7200 375 (15) What Should I do in the Event of an Oil Spill? Stormceptoro is often implemented in areas where the potential for spills is great. Stormceptor should be cleaned immediately after a spill occurs by a licensed liquid waste hauler. You should also notify the appropriate regulatory agencies as required in the event of a spill. Disposal of the Trapped Material Removed from Stormceptor The requirements for the disposal of material from Stormceptor are similar to that of any other Best Management Practices (BMP). Local guidelines should be consulted prior to disposal of the separator contents. In most areas the sediment, once dewatered, can be disposed of in a sanitary landfill. It is not anticipated that the sediment would be classified as hazardous waste. In some areas, mixing the water with the sediment will create a slurry that can be discharged into a trunk sanitary sewer. In all disposal options, approval from the dsposal facility operator/agency is required. Petroleum waste products collected in Stormceptor(oil/chemical/fuel spills)should be removed by a licensed waste management company. What if I see an oil rainbow or sheen at the Stormceptor outlet? With a steady influx of water with high concentrations of oil,a sheen may be noticeable at the Stormceptor outlet.This may occur because a rainbow or sheen can be seen at very small oil concentrations(< 10 ppm). Stormceptor will remove over 95%of all free oil and the appearance of a j sheen at the outlet with high influent oil concentrations does not mean that the unit is not working to this I level of removal. In addition,if the influent oil is emulsified,the Stormceptor will not be able to remove it. The Stormceptor is designed for free oil removal and not emulsified or dissolved oil conditions. I Stormceptor i R f I Appendix 1 Stormceptor® Affiliates Stormceptor Stormceptor® Affiliates CANADA FIBERGLASS Stormceptor Canada Inc. 416-626-0840/ 1-800-565-4801 Todd Neff CONCRETE Lafarge Canada Inc. 403-292-9502/ 1-888-422-4022 AB,MB,NW.ON,SK 604-502-5236 Chris Hughes BC Centennial Concrete Pipe& Products Inc. 519-622-7574/ 1-888-888-3222 Brian Lee ON L6cuyer et Fils We. 450-454-3928 Rejean Tremblay PQ Strescon Limited 902-494-7400 Andrew LeVatte NS 506-633-8877 Gary Bennett NB,PE,NF Stormceptor i UNITED STATES i CSR Hydro Conduit 1-800-909-7763 CSR National Stormceptor®Information AK,AL,AR,AZ,CA, CT DC,DE,FL,GA,HI,s. IL,IN, KS,KY,LA,MA,MD,ME, MI,MO,MS,NC,NE,NH, NM,NV,OK,OR,RI,SC,TN, TX,VA,VT, WA The Cretex Companies 612-441-2121 Brad Fossum MN,IA,n.IL WI Camtek Construction Products 724-327-3400 Andy Virostek NY,NJ,OH,PA,WV Carder Concrete Products 303-791-1600 Don Grzesiek CO Wyoming Concrete Products 307-265-3100 John Finch ID,MT,ND, SD,UT,WY Stormceptor AUSTRALIA CONCRETE CSR Humes 617 3364-2933 Colin Roome Australia CSR Construction Materials 613 9286-2624 Keith Caporn Pacific Rim Stormceptor DEP FILE # 242 - 1391 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) 1 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) CAWinword\00C\10770sgoodSt.doc 14 NACC 7/2/2007 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1391 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance k�loThis Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. 1.Date of issuince Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property ow i erent from applicant. Signatures: t4, Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this 97-ih of 'TV-ne. Day Month Year Before me, the undersigned Notary Public, S,o4- MtSSs- 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 A` DONNA M.WEDGE NOTARY PUBLIC OF t,sW :"TETTS81g—nature of Notary Public -D 0,1"4 In. LU -A - Printed Name of Notpry Public +�d of -0 Place notary seal and/or any stamp above My Comb ssion� pike) T�hiss Order is issued to the applicant as follows: L by hand del ry on El by certified mail, return receipt requested,on 3 a Date Date wpaform5.doc• rev.3/1/05 Page 7 of 9 e , Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1391 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. wpaform5.doc• rev.3/1/05 Page 8 of 9 w , LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1391 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1391 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.3/1/05 Page 9 of 9 s f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Angus Realty Corporation return key. Name Name 1077 Osgood Street Q Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code remm 1. Title and Date (or Revised Date if applicable) of,Final Plans and Other Documents: RDA 5/28/08 Title Date Plot Plan, Existing Conditions Plan, Storage Container Plan, Erosion and May 2008 Sedimentation Control Plan Date Title Date 2. Date Request Filed: 5/28/08 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission}considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Relocation of two dry storage containers and construction of a chain link fence within the Buffer Zone to a Bordering Vegetated Wetland. Project Location: 1077 Osgood Street g North Andover Street Address City/Town MAP 35 Parcel 27 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.3/1/05 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - B. 40 -B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality p Y Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•rev.3/1/05 Page 2 of 5 r i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c, for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited td'the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area.Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). See attached conditions ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.3/1/05 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetland Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on Erby certified mail, return receipt requested on 6 />a Ld�' Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes,ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see Attachment)and the property owner(if different from the applicant). �\ Signatures: c(I Date wpaform2.doc•rev.3/1/05 Page 4 of 5 r ' Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability 1 Ma i ssachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed work is to be done, 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 Department of Environmental Protection Regional Office(see Attachment) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•rev.3/1/05 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form 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. City/Town State Zip Code 7eb Phone Number Fax Number(if applicable) Project Location reran 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 City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability ($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6!04 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or 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 Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Attachment 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. wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Levereri 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 Centra!Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone: 508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton He, Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD: 508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood - Braintree Framingham Maiden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform2.doc•DEP Addresses•rev.10/6/04 Page tof 1 i O Rt�eD 6,do Town of North Andover `VIORTH ' '' Oa p Office of the Planning Departmentool JUL 23 AM 8: 27 �D ,P* Division of Community Development 1600 Osgood Street t,�! g^ SACHUs� +A$4 f ' North Andover,Massachusetts 01845 M S 5 A C i;w NOTICE OF DECISION Any appeal shall be filed within (20)days after the date of filing this notice in the office of the Town Clerk. Date: July 19,2007 Date of Hearings: May 1,thru July 17,2007 Date of Decision: July 170 2007 Petition of: Angus Realty Corporation, 1077 Osgood Street,North Andover,MA 01845 Premises Affected: 1077 Osgood Street,North Andover,MA 01845 within the General Business Zoning District,Assessors Map 35,Lot 27, Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136. So as to allow: to construct a sixty(60) space parking lot, installation of an underground storm water management and drainage system, minor roadway improvements to the main access way, site lighting, associated grading, extensive landscape work in the Non-Disturbance Zone of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District, based upon the following conditions: d orth Andover Planni Board Richard Nardella,Chairman John Simons,Vice Chairman Alberto Angles,Clerk Jennifer Kusek 1077 Osgood street,Map 35 Lot 27 Watershdd Special Permit—Construction of Parking Lot My 17,2007 The public hearing on the above referenced application was opened April 9,2007 and closed by the North Andover Planning Board on July 17, 2007. Robert Barthelmes, Lynnfield Engineering, �P '� on behalf of the petitioner Angus Realty Corp. On July 17, 2007 upon a motion made by Alberto Angles and seconded by John Simons to GRANT a Watershed Special Permit to construct a 15,288 s.f retail building, 100 total parking spaces, drainage system network, extensive grading and landscape work in the General, Non-Disturbance, and Non- Discharge Zones of the Watershed Protection District, under the requirements of Section 4.136& 10.3 of the North Andover Zoning Bylaw, This Special permit was requested by Angus Realty Corporation of 1077 Osgood Street, North Andover, MA on March 27, 2007. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 4-0. A Special permit issued by the Special Permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1. That 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 Planning Board bases this finding on the following facts: A) The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. B) The storm water management and drainage system is connected to the Town sewer and water systems. C) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. D) The topography of the site will not be altered substantially. E) The limit of clearing is restricted to the minimum necessary to construct the proposed addition. Grading and the construction of the parking area are located outside the 50-foot Conservation No- Build Zone. F) Certification has been provided by a registered professional engineer and further verified by the Town's consulting engineer, Vanasse, Hangen Brustlin, Inc. (VHB) that the construction parking area was constructs using Best Management Practices and that project will not have an effect on the quality or quantity of runoff entering the watershed protection district. Refer to letter dated June 14, 2 1077 Osgood Street,Map 35 Lot 27 Watershed Special Permit—Construction of parking Lot July 17,2007 2007 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. G) The construction has been reviewed by Town Staff and the Town's consulting engineer, VHB,and with the application of the erosion control measures and modifications to the drainage and stormwater management designs,there will be no degradation to the duality or quantity of water in or entering Lake Cochichewick. The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices,and has been reviewed by the outside consulting engineer,VHB. Refer to letter dated June 14,2007 from VHB.Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. 2) There is no reasonable alternative location outside the Non-Disturbance Zone for any discharge, structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) 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 findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: A) The"Locus"refers to the 320,080 s.f. (7.348 acres)parcel of land with land fronting on Osgood Street as shown on Assessors Map 35,lot 27,and also known as 1077 Osgood Street,North Andover,Massachusetts. B) The"Plans"refer to the plans prepared by Lynnfield Engineering dated April 30,2007,revised 5/22/07, 5/24/07,and 7/5/07 entitled`Butcher Boy Marketplace, 1077 Osgood Street,North Andover, Massachusetts 01845"and consisting of sheets Cl—C7,El—E2,LTG Calc,and Ll (revised 7/5/07). 3 1077 Osgood Street,Map 35 Lot 27 Watershed Special Permit—Construction of Parking Lot Ady 17,2007 C) The"Project"or"1077 Osgood Street"refers to the construction of a sixty(60)space parking lot, installation of an underground storm water management and drainage system,minor roadway improvements to the main access way,site lighting,associated grading,extensive landscape work and other improvements shown on the"Plans"as defined above. D) The"Applicant"refers to Angus Realty Corporation,the applicant for the Special Permit. E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant,developer,and owner. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. This Watershed Special Permit may only be used in conjunction with the Site Plan Special Permit for these same premises granted July 17,2007, 3) Prior to issuance of a building permit: A) A performance guarantee bond of three thousand dollars($3,000.00)made out to the Town of North Andover must be posted to insure that the construction,erosion control,measures,and performance of any other condition contained herein 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 and Conservation Department. Weekly inspections of all erosion control measures will be completed by the designated independent Environmental Monitor and incorporated into the weekly reports as part of the approved July 17, 2007 Site Plan Review Special Permit for the project. C) No pesticides,fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed sW be submitted to the Town Planner and included in the file. D) No road salt,sodium chloride,or other de-icing chemicals shall be used on paved surfaces within the entire site(protected watershed area),and any arrangement for snow removal shall so stipulate due to the importance of the site&its proximity to the Lake. Further,snow stockpiling is prohibited within 50 feet of any/all wetland resource areas in the site. Permanent signs designating `bio-Salt Zone" and"No-Snow Stockpiling Zones"shall be displayed in prominent locations etc. 4) Prior to release of the Performance Bond: A) The applicant shall submit an as built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, 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 majority vote make a finding that the site is in conformance with the approved plan. 5) In no instance shall the applicant's proposed construction be allowed to fiu Cher impact the site other than as proposed on the plan referenced in Condition#10. 4 1077 Osgood Street,Map 35 Lot 27 Watershed Special Permit—Construction of Parking Lot Daly 17,2007 6) The applicant must comply with the conditions set forth in the Site Plan Review Special Permit approval on July 17,2007 and the Conservation Commission related to this project DEP File#242-1391. 7) No open burning shall be done except as is permitted during burning season under the Fire DeparUnent regulations. 8) The Contractor shall contact Dig Safe at least 72 howl prior to commencing excavation. 9) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10)This Special Permit approval shall be deemed to have lapsed July 17, 2009 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of Planning Board. 11)This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: A) Plan titled: Butcher Boy Marketplace 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. Danvers,MA 01923 Scale: 1"=40'and I"=30' Daze: April 2007,Revised 4/30/07,5/24/07 Sheets: C1-C7,EI-E2,LTG Calc,and Ll (revised 7/5/07) B) Report titled: Responses to Comments Proposed Parking Lot Expansion 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Stmt North Andover,MA Prepared by: Lynnfield Engineering,Inc. 199 Newbury Street,Suite 115 Danvers,MA 01923 Date: May 25,2007 Attachments: Figures Attachment I-Emergency Response Plan Attachment 2-Stormwater Analysis and Calculations Attachment 3-Inspection and Maintenance Plan cc: Director of Public Works Building Inspector Town Manager 5 1077 Osgood Street,Map 35 Lot 27 Watershed Special Permit—Construction of Parking Lot July 17,2007 Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File o � _ cA> `sem s 6 NORTH { -OFIVEE) Town of North Andover Office of the Planning Department Division of Community DevelopmVIIJU . 23 AM 8: 26 1600 Osgood Street q q`rSAC14 StiS SIJ CIN O North Andover, Massachusetts 01845 NORTH , 1400 V f MAS5A0;FUSE 17 Bldg. ZBA Con/Com Health Fire Chief Police Chief Town Clerk DPW/Engineers NOTICE OF DECISION Any appy shall be filed within (20)days after the date of filing this notice in the office of the Town Clerk. Date: July 19,2007 Date of Hearing(s): May 1,thru July 17, 2007 Date of Decision: July 17, 2007 Petition of: Angus Realty Corporation, 1077 Osgood Street,North Andover,MA 01845 Premises Affected: 1077 Osgood Street,North Andover, MA 01845 within the General Business Zoning District,Assessors Map 35, Lot 27. Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A, Sec.9 So as to allow: to construct a sixty (60) space parking lot, installation of an underground storm water management and drainage system, minor roadway improvements to the main access way, site lighting, associated grading,extensive landscape work within the General Business Zoning District. After a public hearing given on the above date,the Planning Board voted to APPROVE A SITE PLAN SPECIAL.PERMIT based upon the following conditions: North Andover Pldnning Board Richard Nardella, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Jennifer Kusek 1077 Osgood Street,Map 35 Lot 27 Site Plan Special Permit-Construction of parking Lot July 17,2007 On July 17,2007 upon a motion made by John Simons and seconded by Jennifer Kusek,the Planning Board herein APPROVED the Site Plan Special Permit for the construction of a sixty(60)space parking IM installation of an underground storm water management and drainage system,minor roadway improvements to the main access way,site lighting, associated grading,extensive landscape work and other improvements shown on the"Plans"as defined below. The project lies in the General Business Zoning District and is located on real property shown on the North Andover Assessors Map 35,Parcel 27 and consists of approximately 320,080 s.f. (7.348 acres)of land with frontage on Osgood Street and Great Pond Road. The Special Permit was requested by the Applicant,Angus Realty Corporation, 1077 Osgood Street,North Andover,MA 01845. This application was filed with the Planning Board on March 26, 2007. The Applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Applicant has filed with the Planning Board all plans and reports required under the North Andover Zoning Bylaws,including but not limited to the information required under Section 8.3 and 10.31 of the North Andover Zoning Bylaws. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board,the Board's peer review consultants,and by the various departments within the Town of North Andover that reviewed the project. All of these plans,reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is located in the General Business Zone and involves the construction of a sixty (60) space parking lot. The project is located within an extremely environmental sensitive area and in close proximity to Take Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. 2) There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that(1)the proposed access and egress point from Osgood Street will not significantly increase traffic flow or volumes and (2) the parking lot design provides for adequate traffic flow, safety, and sufficient pedestrian connections within the site. 3) The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by the Planning Board,of the North Andover Zoning Bylaw. 4) The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices, and has been reviewed by the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. (VHB). Refer to letter dated June 14, 2007 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. 5) An Emergency Response Plan has been incorporated as part of this decision. 2 1077 Osgood Street,Map 35 Lot 27 Site Plan Special Permit-Consftction of Parking Lot July 17,2007 6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project has been reviewed by the Division of Public Works and the outside consulting engineer, Vanasse,Hangen Brustiin,Inc. 8) The applicant shall comply with the terms and conditions referenced in this Special Permit, the August 31, 1989 Site Plan Special Permit, and the Site Plan Special Permit Modification granted on September 27, 1991. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1) Permit Definitions: A) The"Locus"refers to the 320,080 s.f.(7.348 acres)parcel of land with land fronting on Osgood Street as shown on Assessors Map 35,lot 27,and also known as 1077 Osgood Street,North Andover,Massachusetts. B) The"Plans"refer to the plans prepared by Lynnfield Engineering dated.April 30,2007,revised 5/22/07, 5/24/07,and 7/5/07 entitled`Butcher Boy Marketplace, 1077 Osgood Street,North Andover, Massachusetts 01845"and consisting of sheets Cl-C7,El-E2,LTG Calc,and Ll (revised 7/5/07). C) The"Project"or"1077 Osgood Street"refers to the construction of a sixty(60)space parking lot, installation of an underground storm water management and drainage system,minor roadway improvements to the main access way,site lighting,associated grading,extensive landscape work and other improvements shown on the"Plans"as defined above. D) The"Applicant"refers to Angus Realty Corporation,the applicant for the Special Permit. E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from tame to time,which can include but is not limited to the applicant,developer,and owner. 2) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file reports on the 4h Monday of each month to the Planning Department throughout the duration of the project.The monthly reports shall detail area of non-compliance, if any and all actions taken to resolve these issues. As part of the monthly submissions,the Environmental Monitor will submit all environmental monitoring reports provided to Conservation Commission as part of their Order of Conditions. The designated monitor may not be applicant and/or developer. 3) The applicant shall designate an independent construction monitor who shall be chosen in 3 e 1077 Osgood Street,Map 35 Lot 27 Site Plan SpecW Permit-Construction of Parking Lot July 17,2007 consultation with the Planning Department. The construction monitor must be available upon four(4) hours notice to inspect the site with the Planning designated ted official. The construction monitor t� shall make week/ inspections o �` yof project and file reports on the 4 Monday of each month to the rep y Planning Department throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any,and actions taken to resolve these issues. The designated monitor may not be applicant and/or developer. 4) The site as described in Condition l(A) is permitted a maximum of two permanent storage trailers. No additional permanent storage of trailers will be allowed on site. Temporary storage trailers maybe allowed for up to two-weeks during holidays and busy periods of operation. This condition is subject to future zoning amendments pertaining to the outside storage of products/goods and the use trailers for this purpose. This decision shall be in compliance with the most current Zoning and General Bylaws for the Town. 5) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: A) The final plans must be reviewed and approved by the DPW and.the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety(90) days. Failing submission of required final plans within 90 days will render this Special Permit null and void. B) If applicable, the applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for construction of the site to the Planning Department. 6) Prior to the start of construction: A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. D) Yellow "Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planting Department must be contacted prior to any cutting and or clearing on site. E) A pre-construction meeting must be held with the developer, their construction employees, Planning Department, Building Department, and Conservation Department to discuss scheduling of inspections and inspections to be conducted on the project. F) The developer shall provide the Planning Board with copies of permits, plans and decisions received from the Conservation Commission. Should the Town Planner find that plans approved by the Conservation Commission substantially differ from the approved plans of the Planning 4 1077 Osgood Street,Map 35 Lot 27 Site Plan Special Permit—Construction of Parking Lot July 17,2007 Board, the developer is required to present the changes through a public hearing to the Planning Board for a modification to site plan approval. G) A site opening/erosion control bond shall be in the total amount of five thousand dollars (55,000,00) for the pure of covering any contingencies that might affect the public welfare such as site opening, clearing, erosion control and performance of any other condition contained herein. The Guarantee shall be in the form of a bond acceptable to the Town and made payable to the Town of North Andover escrow account. Upon fulfilling the requirements under said bond,the said bond amount will be rolled over to Condition 6(H). I3) A bond in the amount of ten thousand dollars ($10,0011) must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, parking spaces,topography, and drainage facilities are submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond should be in the form acceptable to the Town and made payable to the Town of North Andover escrow account. I) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of covering any contingencies or emergency situations that may degrade or impact the quality of the Town's drinking waxer supply,Lake Cochichewick. The Guarantee shall be in the form of a bond acceptable to the Town made payable to the Town of North Andover escrow account and will be held in perpetuity. Should the property be sold or transferred, the Planning Department will require that a bond be posted by the new owner and to be held in perpetuity. Said bond will only be utilized for the purposes stated above. 7) Prior to the issuance of a Building Permit: A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. C) To ensure the continued protection of the health and welfare of the residents of North Andover and lessen the probability and possibility of contamination and incident to the Town's primary source of drinking, the applicant shall be required to submit to the Phuming Department a comprehensive Emergency Response Plan and Maintenance Procedures. The Planning Board shall review and approve said plan. The final plans must be submitted for review within ninety(90) days of filing the decision with the Town Clerk. Failing submission of required Emergency Response Plan within 90 days will render this Special Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be distributed to the Town's Fire Department, Police Department, Planning Department, and the project site where the document(s) will be kept on file and easily accessible in case of an emergency. 8) During construction: A) Dust mitigation and roadway cleaning must be performed weekly or more frequently as directed by the Town Planner throughout the construction process; especially at the corner of the intersection where any new projects are being constructed. B) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt, wood, construction material,etc.)and must be shown on a plan and reviewed and approved by the Town Planner. The developer will make every effort to locate stockpiles on the site away from the Lake 5 1077 Osgood Street,Map 35 Lot 27 Site Plan Special Permit—Construction of Parking Lot July 17,2007 Cochichewick. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts to Lake Cochichewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded. C) In an effort to reduce noise levels, the developer shall keep in optimum working order,through regular maintenance,any and all equipment that shall emanate sounds from the structures or site D) The Town Planner will perform bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 9) Prior to the issuance of a Certificate of Occupancy: A) The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landsCaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the applicant and/or property owner may provide a bond,determined by the Planning Board,to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to anticipated occupancy. B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. C) Emergency Response Plan to be filed and posted in obvious location such as Fire Department,Police Department and Planning Department. 10) Prior to the final release of all security and escrowed funds: A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as-built plan showing final topography,the location of all on-site utilities,structures,curb cuts, parking spaces, and drainage structures and facilities must be submitted to the Planning Department. The applicant must submit a letter from the archited and engineer of the project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board 11)General conditions: A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die must be replaced by the project owner inperpetuity. B) If applicable, tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. 6 1077 Osgood Street,Map 35 Lot 27 Site Plan Special Permit—Construction of Parking Lot July 17, 2007 C) Snow removal may be stored on the designated storages areas shown on said plans referenced below to the extent possible,but must be trucked off site whenever snow exceeds on-site storage capacity- D) aci .D) Should the Project Owner transfer ownership of the project and/or property,the buyer shall meet with the Planning Board to provide an update on the status of the project. E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. F) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. G) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m.on Saturday. H) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 1) No underground fuel storage shall be installed. J) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. K) Depending on the allowed uses, the Planning Board reserves the right to modify the form and frequency of maintenance testing and inspection. L) Any action by a Town Board, Commission, or Department,which requires changes in the plan or design of the parking lot, as presented to the Planning Board, may be subject to modification by the Planning Board. M) Depending on the allowed uses, the Planning Board reserves the right to modify the form and frequency of maintenance testing and inspection to ensure the continued protection of Lake Cochichewick. N) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. O) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit (July 17, 2007), exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two year period or for good cause. P) The applicant must comply with the conditions set forth in the Watershed Special Permit approved on July 17,2007 related to this project. Q) This Site Plan Review Special Permit approval is based upon the following m&rmation which is incorporated into this decision by reference: 1. Plan titled: Butcher Boy Marketplace 1077 Osgood Street North Andover,MA 7 1977 Osgood Street,Map 35 Lot 27 Site Plan Special Permit—Construction of Parking Lot July 17,2007 Prepared for: Angus.Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. 199 Newbury Street, Suite 115 Danvers,MA 01923 Scale: 1"=40'and 1"=30' Date: April 2007,Revised 4/30/07,5/24/07 Sheets: Cl—C7,El—E2,LTG Cale,and Ll (revised 7/5/07) Reporttitled: Responses to Comments Proposed Parking Lot Expansion 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. 1.99 Newbury Street, Suite 115 Danvers,MA 01923 Date: May 25,2007 Attachments: Figures Attachment 1-Emergency Response Plan Attachment 2-Stormwater Analysis and Calculations Attachment 3-Inspection and Maintenance Plan cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Planning Board I Police Chief Fire Chief Applicant Engineer ; Filezor C 'I e C3 co 8 DE NO oTli 44P r E F E D r 3� bbl R,6 ooL Town of North Andover TC1P t. r , ° b Office of the Planning Dep a 8: 6 Division of Community Developmen �9S pT•°'''� cH1600 Osgood Street i MU OF SgusE North Andover,Massachusetts 01845 N a RT ,N C O V" ' MASSAC USE T 1 S NOTICE OF DECISION Any appeal shall be filed within (20)days after the date of filing this notice in the office of the Town Clerk. Date: July 19,2007 Date of Hearings: May 1,thru July 17,2007 Date of Decision: July 17,2007 Petition of: Angus Realty Corporation, 1077 Osgood Street,North Andover,MA 01845 Premises Affected: 1077 Osgood Street,North Andover,MA 018445 within the General Business Zoning District,Assessors Map 35,Lot 27, Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136. So as to allow: to construct a sixty(60) space parking lot, installation of an underground storm water management and drainage system, minor roadway improvements to the main access way, site lighting, associated grading, extensive landscape work in the Non-Disturbance Zone of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District, based upon the following conditions: aa44 4&JjAoF. North Andover Pladl&ng Board Richard Nardella,Chairman John Simons,Vice Chairman Alberto Angles,Clerk Jennifer Kusek N77 Osgood Street,Map 35 Lot 27 Watershed Special Permit-Construction of Parking Lot Judy 17,2007 The public hearing on the above referenced application was opened April 9,2007 and closed by the North Andover Planning Board on July 17, 2007. Robert Barthelmes, Lynnfield Engineering, appeared on behalf of the petitioner Angus Realty Corp. On July 17, 2007 upon a motion made by Alberto Angles and seconded by John Simons to GRANT a Watershed Special Permit to construct a 15,288 s.f retail building, 100 total parking spaces, drainage system network, extensive grading and landscape work in the General, Non-Disturbance, and Non- Discharge Zones of the Watershed Protection District,under the requirements of Section 4.136& 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Angus Realty Corporation of 1077 Osgood Street, North Andover, MA on March 27, 2007. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 4-0. A Special permit issued by the Special Permit granting authority requires a vote of at least four members of a five-member board The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1. That 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 Planning Board bases this finding on the following facts: A) The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. B) The storm water management and drainage system is connected to the Town sewer and water systems. C) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. D) The topography of the site will not be altered.substantially. E) The limit of clearing is restricted to the minimum necessary to construct the proposed addition. Grading and the construction of the parking area are located outside the 50-foot Conservation No- Build Zone. F) Certification has been provided by a registered professional engineer and further verified by the Town's consulting engineer, Vanasse, Hangen Brustlin, Inc. (VHB)that the construction parking area was constructed using Best Management Practices and that project will not have an effect on the quality or quantity of runoff entering the watershed protection district. Refer to letter dated June 14, 2 1,377 Osgood Street,Map 35 Lot 27 Watershed Special Permit—Construction of Parking Lot July 17,2007 2007 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. G) The constriction has been reviewed by Town Staff and the Town's consulting engineer, VHB,and with the application of the erosion control measures and modifications to the drunage and stormwater management designs,there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices,and has been reviewed by the outside consulting engineer,VHB. Refer to letter dated June 14,2007 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. 2) There is no reasonable alternative location outside the Non-Disturbance Zone for any discharge, structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 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 amt 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 findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Permit Definitions: A) The"Locus refers to the 320,080 s.£(7.348 acres)parcel of land with land fronting on Osgood Street as shown on Assessors Map 35,lot 27, and also known as 1077 Osgood Street,North Andover, Massachusetts. B) The"Plans"refer to the plans prepared by Lynnfield Engineering dated April 30,2007,revised 5/22/07, 5/24/07,and 7/5/07 entitled`Butcher Boy Marketplace, 1077 Osgood Street,North Andover, Massachusetts 01845"and consisting of sheets Cl—C7,El—E2,LTG Calc,and Ll (revised 7/5/07). 3 1,977 Osgood Street,Map 35 Lot 27 Watershed Special Permit-Construction of Parking Lot July 17,2007 C) The"Project"or"1077 Osgood Street"refers to the construction of a sixty(60)space parking lot, installation of an underground storm water management and drainage system,minor roadway improvements to the main access way, site lighting,associated grading,extensive landscape work and other improvements shown on the"Plans"as defined above. D) The"Applicant"refers to Angus Realty Corporation,the applicant for the Special Permit. E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant,developer,and owner. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. This Watershed Special Permit may only be used in conjunction with the Site Plan Special Permit for these same premises granted July 17,2007. 3) Prior to issuance of a building permit: A) A performance guarantee bond of three thousand dollars($3,000.00)made out to the Town of North Andover must be posted to insure that the construction,erosion control,measures,and performance of any other condition contained herein 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 and Conservation Department. Weekly inspections of all erosion control measures will be completed by the designated independent Environmental Monitor and incorporated into the weekly reports as part of the approved July 17, 2007 Site Plan Review Special Permit for the project. C) No pesticides,fertilizers or chemicals shall 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. D) No road salt,sodium chloride,or other de-icing chemicals shall be used on paved surfaces within the entire site(protected watershed area.),and any arrangement for snow removal shall so stipulate due to the importance of the site&its proximity to the Lake. Further,snow stockpiling is prohibited within 50 feet of any/all wetland resource areas in the site. Permanent signs designating "No-Salt Zone' and"No-Snow Stockpiling Zones"shall be displayed in prominent locations etc. 4) Prior to release of the Performance Bond: A) The applicant shall submit an as built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, 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 ted as shown on the approved plan. B) The Planning Board must by a majority vote make a finding than the site is in conformance with the approved plan. 5) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition#10. 4 1l?77 Osgood Street,Map 35 Lot 27 Watershed Special Permit Construction of Parking Lot July 17,2007 6) The applicant must comply with the conditions set forth in the Site Plan Review Special Permit approved on July 17,2007 and the Conservation Commission related to this project DEP File#242-1391. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10) This Special Permit approval shall be deemed to have lapsed July 17, 2009 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 11)This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: A) Plan titled: Butcher Boy Marketplace 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. Danvers,MA 01923 Scale: 1"=40'and 1"=30' Date: April 2007,Revised 4/30/07,5/24/07 Sheets: Cl—C7,El—E2,LTG Calc,and Ll (revised 7/5/07) B) Report titled: Responses to Comments Proposed Parking Lot Expansion 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. 199 Newbury Street,Suite 115 Danvers,MA 01923 Date: May 25,2007 Attachments: Figures Attachment 1—Emergency Response Plan Attachment 2—Stormwater Analysis and Calculations Attachment 3—Inspection and Maintenance Plan cc: Director of Public Works Building Inspector Town Manager 5 f .1077 Osgood Street,Map 35 Lot 27 Watershed Special Permit—Construction of Parking Lot July 17,2007 Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File G CO 6 ROM GW.R yr v• s.rMr limbIn ""m"Vmm R EIVEQ Tom d Noft Andover Pkwft t2007 MAY 30 AN 13= 2 0 16 Osg"d Sbecw BM& 2%SlAc 2-36 Nadh Atdmer,�1 td one T Ul Phone W&6>&WU Faye YM-06-OU HORT H A N 0 0 F MASS ; 7 va►WW>doQ FAGM '�'�' DAW. i y I\WAN M- (W TW COWT>RA" co 11llSiCl► Fel Pft>E�II9Es LOCATED AT: >jffj. nV ORDF-R>! 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P n 'i,� r'c ?J017 ` > ,e '. N . ) k M 0 + .P's r,� I > M Q O � 9 ( , ,,,4 S II N t` j L jo I �f�6 g ` GRAPHIC SCALE ( ( Q' �' ro 40 I 20 40 80 Y � Q) 160 q Z �� I C � O I ( IN FEET ) SHEET No. 1 inch = 40 ft. ® 1 I PROJECT No. LE J07-.'p I i - ---- - I ___ __------ -- - -- _. _ _ __ -__ I � - ` � � ,p ; E} y r r a s tN _ �� t ,- ' 9`4ill �T i t ">5,�, '-1411 I .y^ £ ,, } f ,µ (n A fly �` f i 9 EDGE OF BOR :- , ' f - ;fi,,r`'L i' ` I ! w ER/NG N E S I�EGETA TED W TLANDS I Via = W �_ � � y rWA P. �r , ,fir >;�` ' t ' = I \ My ' �= 1, WETLAN r? `� 'F5- I 'Fk 4'#' l y ` F .,,�v t ,,. - -�1� , r'r� �1,111 x ti ` '` 't,, r ~i_ 5!� 1: D DELINEATION PER ^ t ' :' R 9 '.' 4,y' :3 . , r - _ f' `.,, A-f_:;. -, �� 1 EPSILON ASSOCIATES, INC, FO RM ND BY , �.J ems. �', „ ,=- -�, ` r ON MA 20 RDt MA. -:) � �1 _ � � z�k �� ` j r: , _ 1 f ,. ,1 Y 8, 06, W O '� � y - - i / w t LI ut � y "i'S 5. '',t , k�� xr _ "f' `_ ,I _-7 I.'- ✓ I , _ !` f'-. __t �.} ,, \ �m�,...� :, lair`€ .y• - ;q4" ,- _ ,\ '',I �� ✓. LLQ � : 'tJ '1-,,' s ,:- �� -� / ` 2. FIELD SURVEY OF 'em ^ .� x;.� :, aw a r,I _ z , . rC .;r",t c.1 '!✓ 1r'- _.. 7 WETLANDS COMPLETED r� _ r mol, GEOD C BY 00 LAJ -� „J v; CiI�T „ z Ir_( , ,, �� ONSULTING, BURLINGTON Imo. 1 _t j,t MA. ON '�L t - �' \ „� MAY 3, 1\ :. r.. „ s . 1'r 1 2 2006° {J > t. f u ,C rt A I w > -:,4xr F'7: 1•:, k .::,>ar'��„ f,y;;. fat`rz j' 'Grr, 5' `� i 1 .,I/ ..L _. ,( v\` ! - = l;As:�?k�'-._' ' ;';.a° _ '; , ,` �'�- ',- \;,- 1 .`f t r !I,.a...... I ' ,�,. y `� p�.. �.'I ''S ':`1 3. SUR ""N > 1`� / - ry :> f+ 3 '4 �i:2.t� ,,r.. , *,s,n fp:.� x �._ >, 1'. I � �,. t9 , dr '.1�z�': �:�� f r,� --� ` , ".y , t�..,� VEY UNABLE TO ESTAB n r \ F ; 1 ESTABLISH M GH �1 ` , � 41� , 3I. Y 4 _� .:. `� WATER MAR MEAN HI 1,;1r W K T r +� a• :, a ,,,. Nx+t t Lr.y v f ,:�..,? '..Y!'= \ •',�•, i �1 ` N G\ "+� DU i4 C c '� ., }:: ;;:.i t _..`.,w , 1,..,, r; i= "' '�'" t - °i r ^r!!r✓, r'.,:, \� -(1 l I 11t - , - , _ ,, .., `r y ,,_- k, BASE OM DR 1 , 4� ,_ ;, ,-- jr � . : d' VJ TITLED RECORD k FLOODING, AN-114 -,ryw y+,?r t ::� a - ti, ' , _... ,?� C.. ,,. ..:9, S i r?it1'r syr.. \ - n , _ , CONDITIONN _ ,._.. _ - O ,:. �,_ . :. _ ,..k, t ! �� C K S PLAN L k _ , : �', t , N NORTH " 18 4, ,�, - , , _ .LL__ ., , , ANDOVER M DRAWING Q h' ,� LC Ate. ° v. o.-^ YJ- �; a ,y; \ r;?1 :� , ,. ..4 z,.: -1� \ �'F y SEBA MASSACHUSETTS",w k, F k � ,, 4;_ , ! �. S , PREPARED a y,. � __ .. `1 ` A BY MERIDIAN co �< `l �:F ,:T,, ., ti ASSOCIATES, INC. ±� r m =- r` �L �� PEABODY MA. Q O 1 ,, ti r . ,: - `> 1 DATED B .l.: ,E v t v i r, ':..� 9:\� ,I. `,\� 1 ^. :..� f ..3, , , ,, - "Tr k :. - _ ,r l , , k: R F 0, 1996 „ ' p � - \ ` \ _: MAY .:, y�}�� y��y�+b` ;.:, yK -.a... _.: „-rA,3 a fit. :p_.. ,,:,;,: - .E;,nom'. rx; (, 1. r,. �, fF!"I li':1 ,.r dA' .:•.5'- :..: g:.,,,.4 r f,, --.. `�' .,t::�F':d , n.'/ _-_. _ yy (' _ .. ,. �.. .,\ 1 1` ,5,�� a ,,:::- 41'19x ,- ,..,.,x,:, ,,.:.:: • .,.'. �f ..Ifo '°N ..,.., l�, * C ..�' i<?'."..' .!% ,P/ �` ��� tr � ' �� , ,l N 3 �I __ 6 ��- 1 :. i r ) i k � C� • . r<r . W 1, st ;t. -a ',., i -: r % �, `c1, 'f f / ', ,,� �� �'� Ti7;. d f31V 11' „, � 5. �.�,. _ tr> ; ._, _ �__. : s ,� _. �� F , '�,:, i '.� ��� LL B E HELD A S Q m �- j' ALL DIMENSIONS SNA OWN THE P r` .�__..._ - ,,. 1,�, �� - ti r,'; T ,;'� -.._-=- -- 1 t t`r"' r v .�; `� , `lI 1,u_ ,, e' ANY SH ON LAN ABO " _ . �.. " ; - �G,=,_.,(' �,.-r,:., - �- , 1. ;"" ' - i , v . VARIATIONS MUST BE APPROV VE 1. r. `° X111 '`T:r-:y �,. �� �.�lr „r' �Ir �,„ri, `-, �` ,� ,- '� v a-+r� r���,,,,� � � t.� TOWN OF ED BY THE ENGINEER AND THE �`°I �u I� _ u , kr�i r�,-, .' -. 1.- �� 1, t , ,:�.;�: % ' \��° �w� v� �, v� �; t NORTH ANDOVER. �.., V 1 ___ _ _.-""- _.. \\ ':r.i.,v:r jrt r' l t..,, /' r as:v='' l /' (ice/t� �� \ A i`4 i C `y• ,r'' .,.i"' `` t�l ,1 I ! �;� �\ d�-���,Y I�,yrr- '� •1 -- `'' ``�(� _ ', .t,q ,,:::. f i'C. 4._�_ !C.: 1�j'�' k \ VA v,� v� \ �'�'a,� i, , I`r'} V. CONSTRUCTION OF v F . .:r. t. 1 „w j �_...__ r , - �.; 7 r:C l r ,c \ : ;, };� ` PROPOSED ACCESS DRIVE A � \ �1-.1 c. f,��E �,1 ,L, � AND A BE PHASED HALL -. - _. "IllJ AND CONSTRUCTED AS TO ALLOW ALL STORE IVES (� p� Q f If !' �= �.- � 00 ti � `<� DELIVERY VEHICLES AND ATM CUSTOMERS TO HAVE FULL ACCESS PATRONS, 1 ALL TIMES. •J I J�,'C ,f Ile' ;. ... _-- �•''r r'11,••`: f / r\i• {',T l 4,��`I F� 1fY{a/1 ���.,' - '•, %% §V 1% ','� ,"'-_ti�,.0' ' t� t'y Q ('q� �.t' `1 I 111 ,__�� _� �;... r.. ,r r.1. a', RF. IF"j,,,,tit C>�� ,.'`�- � �'V\, •a. , �tC �`� 1 _ ,�'a-, •_�� -: 4 �1' 1 ,3} ��C:)� 1 F;,ti `;i. "� rL r i�=`� 7. ALL PAVEM NT �. {g 1 A a `I �,,• E MARKINGS SHALL BE PAINTED WHITE LINES OR ARROW .,5 (I 1 �� 'Gri 'r l'�:` ''-f 1 d F �. ��� f 1'• }'Y t.�It / , i C,�,-- •.,d'd'p .�. �' r� t 7w�T f� <t, r=.<,S "� �:t, �`3 f f `_ 1, ���., , SYMBOLS TOM 71NG PARKING -__,_ __ ATC I;I C � ____- H EXIS 7,'1 I I I , f _w.-__._, __.._ _.--------__ _._-. _ T M- LOT. ,9l' �, f } l._�,._.f".-._ '��•.t ' r 4, -� _.__�.?,t:-„C... _ ' _j Ir / ���r.f \ y� `\ `f�/.J f,•� � ;��•��� `1 f ti �-`, .',i, �1) 1` I } 4,- 15 1 ;' _ ,;/ �' �. , 1 8. TEMPORARY SIGNING IS TO BE UTILIZED T is ..r..:r , . ., r C1 �- 1 i ` , TRAFFIC TO TRIER 0 PROPERLY ROUTE ALL " fit! i 11 - _ 1 r ,4 i :.r..., .r:,r f-11111111, ../r,n r.� ,,, ,,,. rr„r r r,r ,r.i:% / 7� �4e"�1 j li r `�;{ S I r;? r? •- ,;��' , CORRECT DESTINATION. r rt� 1 ', IR� � i'_ �., , 1.1.7-� / _ y I `� INATI ° •� i, �,kt� , M ' / .� ___ 1 1 \ to 9. NO BACKING UP OF TRAFFIC SHALL BE ALLOW I� 11 , i2F 1/1 DUE TO CONSTRUCTION ACTIVITIES. ED ONTO OSGOOD STREET 1 ,.a M� t r C'--- _..._. _ C 1,I -. � / " � t ,4a `, "x (k, , 11 11 �A_ �' lL..k T f ` , 11 k r ti 5 7 it „_t,,,_____:,._,<i)i-1 :- `, ,`X. 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I .__._..... �,_ r- �, - __ .._f _ --_ -i \ f IJL, 1 "A M g N I n:EF l�,rvc, ,tic . 0 M H W SETBACK �. p , _ t I 1 _ --- �•, i -_..._. :� . �_,. rr y ,, ;,� ; -- �' r�, fi ` SNu IR NE `i5',: c;J aGroe�R 22, 1s�J4 - - - O V i:. - _. .• .,,�W_•.w� ... F,., ,,,;:,: - - --.. ..Z r ' ' I 0► Z () �; ESTIMATED MHW O W TI r EST I � , ;, .; ,�,a1,1 ` i r, A ; 1 �� 1, -:1+ .:o I , gUF I. -I . , I._II ® LIMIT�OF SETBACK Q) Z � Q) � I° fi:rs d1 , I ° �\ �.-r .,�: {I-'--t;�__. �:��_-__ -.___._. .I:+„�4 ...,�L_ _ ° � _.� � � � ,� �:. ��,r.� } ,~ f 4 �,. � t,., � f, .._ � �� , ,-�( .:�_- ``� �`� � `� 250 NO DISTURBANCE � Q J O Q y' ! BUF ER \ \ .\ fl` q� C„1 1 :w,r,,ven aaw:-x :-, , . t f +` _ _ 4�CF / I ,I-1l `•4 � eY ZONE I --'`-_ 1 ,. __-_ ._..._.__.,_..__.\_.__. _.--- _.! ..._.1.__-_--__1...-_- _- -� �,_ ,�., x_ { ., > V 4rV7 rl d !d :..„ `'. ` f F O . -) I -1 Ir,_ -._/." �`� ZONING DESIGNATION W ( 41 , - r_. ,r- .���� R 'MOVE AI`la RESET �_" \ 1 .,.y N � � � 1 v i �I �'�. 1. 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I � REQUIRED / >' a�.,rr <<.,r;, !,7,= 1 >, c l r r ,,r`.(., ,! -_ ' __ _�._ - r., SHRUB�._.,�__... , ' .. TYP 'I ,. a. D BY-ZONING ZONING PROPOc ,4. 1 f`. •(_ r( ...y� r17 4 I.- / :.� !1 F 'r 4 .r �.I�,5 •�•� ,-,--1 .� j' '��.tr \ ! � � --JED `,, �` Y {(` /,r ..r ,.,. ( s, llQ rl I '��<. , ` f <. 1 i. rD _ ? \y S "' I LOT AREA SF )' t' T. ..,._ - ,,._ , ,< r ( _ r I n '.�.. '+ �` `�, � ` � 1 � ,� ..., �, 25, 320 80 ro x. 11 r -' ,- - !1 ` '� '`� - �. ,, _._._.__ ; N `�ti, \ STREET FRONT GE �- ,P .. t - EET �.�9: :r' r ( `,' f `•, _�.- , _ROP 1 f a I ' l '{ \ A (FT) 125 c� .f' ,, ,.¢. a_ t f ;. -' ;P OSED BITUMiNOU: -�- --- 1 f I dry' a�K >� �• '� � 678.71 ,u / �, � �- ..�:. !' '{ - ,. r . BACK W, ti - I'_. CONCRETE CURB dc's 1 1 -` FRONT SET r ' ',,X-I �``` t' ,z f I t \7 0��I � 1 \ !'bF (FT) 2� o / �,�,�` 1 ,,, �, f T 1 'r.5 ��,r` - --._.._,_1 ; I I \ 4. J 122.6 rr. `� t ? "- OSED I ' `�'" r; i - \ �� WOOD1 GUARD 1f�r \ BUILDING HEIGHT (FT) 45 �, ;t f s, �T_ ) / , ;; PROP ORM WATER , I t 1 `, r. "' AI ) © Y 1 - - t �, N/A I � T `�` ! AMANAGEME SYSTEM I ; .l. ,-ill' , �� Y, SI ,�--.-'- 7 `` 4 `r �, ----- -\�`�, a;; �, 1 ( 1 , �.� f `�; X_,,! ; .. ¢�;," ,, DE SETBACK (FT)S ,1. I ". -�.,�,", •'•- ' ', -• -. '"/ �..•� (.� �:�.�' ,-) r ?' ilk 7V'i __._-_..._.. I ." ,11_. ; n` ,1.+\.. ,_ Y, ' u I 1-4iwjj 96 ,r ',`I.. ._. .j___,_,,.., -- ,' 7� f'` =I I' ----,��" �I "11, ( rrr %( ( ,_1 yr i i 3 �"� ( '�i ""` °�, `�' ,, "j;' t AR SETBACK (FT) 35 / - j .I f_ , i ,,s. `` �- , s 54.8 z ' 1� l t1i `.,. 0C,4TE:.. EX1!_ IN ASIT�'M ,Y.Jr1 i % rr f'`� 1: � �"',1 g0 �� LOT COVER (o o ,, _ ro .__ -_.. �' �...., t f I s" d `- AGE (%) 35 z 4 1 Y ": 1i ( I C 1 F r. ` ->r _� `�''g 1,. ,r` c ":' ,.� �- i .l �,-I ` k / _ ti d ,' -- ._.._ `"' _ ". ', %pur i` S, (�„' �'/j y"� i COVER �n ��,` ...! 'I1 ti. ., (. - r .{ ,• : \ `\' \ LOT _ V > ._R- 1 n` Spy I \\' '?' _ r., `�: c:.`, "\ ilr - ' /Ic .. AGE BLDG (�) 9 g Y 2f \ r A r..,h ! 1 ,F, - �' ',. , . . '��.�/ ��,` qCF `: r;-,j ' t- „ k % �J9 FROM N .(/) ` \ .- NUAL HIGH WATER MARK p ,� �F , .� - r'' - �.-;", ;-� ''� ,.t , I- �. I R ' >OCATEp TREES �\ LAK ER OF '°•, f ,�r% T '' ` I, � ,y , "- ` _ , ,�. E COCHICHEWICK: ,.,,, 'I r.k 4 ` C,� ^` �`'I lir)((._r j f,(«r�`- .�, '`••" ` r; aL~!�F :, •' v,'` �^ r 4 `':� �'\ii'r 11. / t 3?�`�. _ r ,' r/ ,, cy _.\ ,. ` �/,%% NON DISTURBANCE (1) �. /,<.? (I.i�l� ;r. \ : , / TO ' " ,kr �.(��',3TrC -1, 1,-- C,� ,� 1! y.,.i s'+ w n `� - t ' FER 250 4 �7 7-�� k - ,, , :� T /<x. , / - r1', , r^, E:1 r_IA 1 `` ,- 1�- , a -f.. - r ; ; BUF ZONE (F ) 62.3 11� f / ;, Int `?%: �t�, ,,-'5<-,� ! f `x TR E �f� D�(-T 4bF NON DIS G N, icy / � '( .`: `> �� - '`�.r - _.._.. r ,�„ k- `1` 1/11 BUFFER ZONE (FFT) 325(1) (2) Q `' £ '�'r'li:3/ $y '� ��_ ;9 '\ � I v, j �,,', \ >325 0 � . �,� �, W `�� EET EXISTING EDG , ; ,\ \ ,�- 1iw:3 J,''' ,,,� 15, 1/12 1/1T o �' ti , / ��' t OF PAVEMENT _ '``, I-tiF FROM EDGE OF ALL WET z ' -�� � , ' "} SOURCE A i:i >�9�}Y `' ;�::: \ f < I ,`�. �� �!'` 1/13 WITHIN LAND RE REAS \ /' � l �.4 N THE WATERSHED DISTRICT: F! r ;' ti / \ f ICT: /!`�``°"I 1 may` '`� ; v�;t�1`1 �) �� ,,.'., ;t NON DISTURB �1) C.;� �/ ,� ( > r �P G� ?j4: , ANC p O \ /. /'"�, "<`: !'',,,','fry ��'���P ;s, i 1 ����,Y, B U F Z0 N E (FTF� 10 6 2.3' / FER >„� a ? / *1-11 `�,` `,,,,-,N,,,, �- f�., >' �' `� ` \ .� // �\ ` ,. NON DISCHARG Q '`� , \ ;, ``., OF\ . ', , �\ r_`-1 � /, rl,z , ` f ,,,, �. - �' ` 1 �`' BUFFER ZONE �FT) 325(1) (2) U I� ` r , f '� >325 %\, ` C . \ ,"\ �,t ` 'ter, ` �• �� ' l' (1) PARKING LOT ALLOWED WITHIN 150' OF ANNUAL HIGH WA ` �. ` ff r ` TER MARK OF f "<- '� '\ �. f LAKE COCHICHEWICK PER BOARD t! DATED SEPTEMBER 24 19 `".., � I'A4?y `\. `._,� \ .� `<`wc tf %f?r �,�'•\.._i Y. ,� �.. `.., OF APPEALS NOTICE OF DECISION ELISION Q 2 STORM \. % IPo'F ' w :", �%lt, r ), A �_ :t SDE THE -' / �/? i'vF � ., `\ �� ` ,-.. r �:.p , �!.^' - :.%��- , t ( ) WATER DISCHARGED OU T I WATE Q. - �; ,� /3 �..� `� ' t ,,\ �/4,�, 1< `` �.x� .- I , 4 `. COCHICHEWICK. RSHED TO LAKE ,�,-'.. t --. " A W ZONING DISTRICT: GENERAL BUSINESS (GB) (� � -J ASSESSORS INFO: MAP 35 LOT 27 REGISTRY OFD Q) Q. a PAGE #0443 EEDS BOOK #00912 CJ OWNER INFO: ANGUS REALTY CORPORATION U Q U 1077 OSGOOD STR ,< 3 N NORTH ANDOVER SET !y {/� , MASSACHUSETTS O [a e,� _ ASA,. :VQ Pp y C ,.� Ca "r. : f n a O r. ,t -_ tim�-;,x'17 C a , r^ 4 ,, R W r. QJ o s ,' ''1,,1'p o e, ti i� �3i711 f N ,t , s a% `t �t ,- A-- > f s:: N :L I. "`1. �C fi Co GRAPHIC SCALE aI 11 I - ,,.y .. `� � /6 t?,/, 0 40 0 20 40 � V J 9 80 iso o Q Q U ( IN FEET ) SHEET No. 0 1 inch = 40 ft. �� � -- - - -- - - --- - --- - I C--2 - - -- -- -- -- : PROJECT No. LE 307-10 �J � M � (\4 V W CEMENT CONCRETE (2500 PSI) po 1" BITUMINOUS CONCRETE WEARING COURSE W Q J J l. ' �V a Q VERTICAL CONCRETE CURB 2" BITUMINOUS CONCRETE BINDER COURSE W w j il 2-16d :77: N o (5"MIN. X 18"f W1 6" REVEAL 2-16d r N o NAILS j 3 CRUSHED AGGREGATE BASE NAILS o 0 6" o- SURFACE TREATMENT (VARIE O (� J w o 0 z OR L oQ o, // //, /�•�/�`� SAWED TREATED TIMBER a 6"MIN. POSTS 6"x8"x6'8 x6 AND SAWED COMPACTED COMPACTED 12" GRAVEL j TREATED TIMBER OFFSET GRAVEL BASE SUB—BASE 6 MIN. '1 BLOCKS 6x8 x14 SHALL LoQ BE USED. FOR SLOPES STEEPER THAN COMPACTED 6"MIN. J V SHOULDER TO TWO FEET (ON EXTEND THE SUBGRADE TYP) COMPACTED SUBGRADE BEYOND BACK OF POST. i VE'R TICAL CONCRETE CURD DETAILCURBED LOCA1nACCESS ROAD do TRA VEL AISLE' tJtdS N Ts PA LMEN T DETAIL SAM vm Poor N rs ' GUARDRAIL POST DETAILS z N TS o GRASS AREAS ® PAVED AREAS p �• pp O Q) p � (2) 1-1/2" LAYERS OF BIT. CONC. PAVEMENT EXISTING WIDTH (W) O W Q O GROUND� I— �6"TYP. 90. Pr, r*_1 O UU 4 LOAM AND SEED F ti;, EXISTING BIT. co CONC. ROADWAY 1 .12 GRAVEL PLACED AND COMPACTED y. TO 957. IN 8" LAYERS SHEATHING 1 :10 r 1 :10 AS DIRECTED 1' SCREENED -_-- — FILTER FABRIC `> WHERE NECESSARY GRAVEL CURB CURB CONCRETE SAND 'j' 6 + 1/2 D go—Opp TO BE PLACED '/ 1/2 D HAUNCHING AREA �, I AND COMPACTED;,.. ,�.�. � o 9' x 1�3' PAREfINI: W " SEPARATELY �' '� • , � i HANDICAP RAMP DEM I SCREENED ;> .. GRAVEL . - .3 6 BEDDING AREA NTS a (SEE HIGHWAY MANUAL) � N TS EXISTING GROUND f ' WITHEXCAVATION OIL CONDITIONS VARIES w NS PAVEMENT MARKINGG DETAIL z Z N Ts o TYPICAL TRENCH N TS o O � TAMPER RESISTANT C) STAINLESS STEEL HARDWARE (2 PER d SIGN)(TYP.) Z � R1 -1 STOP SIGN S T 0 P � WHITE ON RED O 2 —0 24"x24" d GALVANIZED OR -0 1 1 " 1 �, ENAMEL FINISH SIGN POST SHOULDER - ° cl- 1n Q Q LEVEL SLOPE VARIES BREAKAWAYMOUNT SYSTEM W 0 3„ 4 1/2" /2�� „ TYPE 'A' BERM o 4 Q �,'.,J TOP COURSE 1 _ : _ f FINISH GRADE 0 2" BINDER COURSE SLOPE OF SHOULDER R5-1 IDO NOT ENTER D0 NOT � � d.3 CRUSHED AGGREGATE"� 4.. �Y ,��.�>�" - _�..('" - ti �V\� � .a ,��. Q a _. r ,.. x ,rr �.. t ., r 75' WHITE ON RED ON WHITE 12 COMPACTED ENTER 24"x24" N SUBGRADE g SUBBASE TYPICAL SIGN POST �1. P L4 J i01) aj O V O Bl TUM/NOUS CONCRETE ®ERM DE TA TYPICAL SIGN DETAILS N Ts a o bo N Ts �.� :� 7. C 3 SHEET No. b C 0 0 PROJECT No. LE 307-10 �.J LO W � N a �.` FILTER FABRICLb� � � 0 � W ~ EXISTING 24 RCP PIPE SET 1 HAYBALE PERPENDICULAR 8' MINIMUM J EVERY 50 ON SLOPES SLOP 10 MINIMUM W Q OVER 5% DISSIMILAR MATERIALS ADAPTER SPOIL FROM ®® w W ------" � . BALE TRENCH ® / STAKED HAYBALES ® END TO END LAZ. 24"x12" ECENTRIC EXISTING HEADWALL FLOW ll 6" w REDUCER Z h /- (\4 EXISTING GRADE LINE '•1`. W OVERFLOW MANHOLE ,'4 '::'f 6 rn Z NOTES: 'COMPACTED FILL OVER'TOE OF 12" HDPE PIPE 1. BALES TO BE TIED WITH ORGANIC FIBER TWINE ONLY 8" DEEPFABRIC BURIED (� O� C) NO PLASTIC OR WIRE. O 2. HAYBALES TO BE SECURED WITH A MINIMUM OF TWO (2) V -� STANDARD 4' DIA. 2" x 2" x 3' WOODEN STAKES PER BALE DRIVEN 6" MIN. INTO MANHOLE GRADE. TYPI A TAI TYPICAL HAYBALE BARRIER DETAIL OF A SEDIMENT FENCE N.T.3 • 0 I 24" DIAMETER STANDARD M.H. FRAME & COVER(LEBANON 24" HDPE PIPE OR APPROVEDFOUND QUALRY )C. MODEL LK110 PROVIDE MORTAR ADJUST GRADE WITH O OR 2-6' '- " COURSES OF BRICK (2' MIN.) •�� Q Q Q 12" STONE ALL AROUND \ 8" : • DIA. INo 2CROE"TEHEI�HTS NES AVAILABLE O o / 2', 2'-6" WELDED WIRE FABRIC �` ~ � � W 3', OR 4' � Op VOp M.H. STEPS BITUMASTIC JOINT VA l5 i F 9 24 HDPE .:! o ti o z 90° BEND 24�' HDPE : ti 5• Q J Q :.� / 90 BEND w Q o / MULTIPLES IkIe ': �� ''' NOTES: O Z r r n .,F..O k •'. OF 2 , 2 -6 , .��•, O ' � � � ' 't "' ••,' �.� 1. MANHOLE DESIGN TO LATEST ASTM C478. W � O � N � � Z � oZ 24 HDPE TEE VARIES 2. REINFORCING STEEL CONFORMS TO LATEST ASTM A 185. V C� L ZZ Q / 2', 2'-6" F ,,, .4 3. CONCRETE COMPRESSIVE STRENGTH - 4,000 PSI © 28 DAYS. 3 , OR 4' • _® 1/4r, 4. ONE POUR MONOLITHIC BASE. 24 HDPE al'� VARIES 5. WHEN SPECIFIED, MANHOLES WATERPROOF COATED. 00 HEADER PIPE 48 -- --5" BITUMASTIC JOINT 6. STEPS - STEEL REINFORCED COPOLYMER POLYPROPOLENE PLASTICS (PS2-PFSL M.A. INDUSTRIES, INC.) CONFORMS TO LATEST ASTM u C478 PARA-12. / 4*— +� PR A T MANH TAI 7. BITUMASTIC BUTYL RUBBER FOR JOINTS CONFORM TO LATEST ASTM \ 24" HDPE LATERALS (TYP.) N.T.S. C443 AND FED SS-S-201A SPEC. 8. KOR-N-SEAL FLEXIBLE PIPE CONNECTORS FROM 13.5" TO 21.25" O.D. / X ASTM C923, A167. m / STANDARD CAST IRON FRAME & GRATE (LEBARON FOUNDRY, INC.) a d FINISH X SURFACE l I PLACE BRICKS UNDER FRAME AND COVER z - TRIM REINFORCEMENT FROM ;-,.; ; , •:.,. .,•,, •, EDGE OF CONC. (TYP.) .y= , �• }L. �:aa7;'' "' 8" FLAT SLAB i , V OFF CENTER OPTIONAL w o - r rr o MORTAR FILL CATCHBASIN TRAP c X/ 4 N ` :r ;;; LEBARON MODEL L-202 24" HDPE % / , O OR APPROVED EQUAL HEADER PIPE 0 OUTLET PIPE (SEE: TRAP DETAIL) / o ;�`�'.: ,4;, BITUMASTIC� SQUARE OR � . • SEALER IN JOINT O \ ROUND OPENING SPECIFICATIONS: // cd OPTIONAL M o ?•:,.,,---*—BASE SECTION CONCRETE STRENGTH z i 4000 P.S.I. AT 28 DAYS o O ;;•f�:`,�. ;l� EINFORCED STEEL SHELL REINFORCING STEEL CONFORMS TO ASTM A185-79 •• r }' CONFORM TO LATEST ASTM _ rl ' ;''' '1:'r':,-;- ,;�1 MANHOLE DESIGN SPECIFICATIONS / 6 ::r•'.i;, . :',•,., •�'•' �!.��:. ...,, : A185 SPECS. CONFORM TO ASTM C 487-84 / PROPOSED CURB 4'-0" DIA. -.-8" 8" FLAT SLAB TOP AASHTO H-20 / ONE POUR MONOLITHIC BASE ABOVE J Q / FLAT TOP CATCH BASIN DETAIL(NEW) ADJUST GRADE WITH COURSES OF BF ICK / NTS Q i ! � Q- Q on- 24BEND i MAINTENANCE SCHEDULE Qo o 24 HDPE ALL DRAINAGE SYSTEM COMPONENTS AND DETENTION BASINS ARE TO BE DOWNED 3 j \ 90° BEND AND MAINTAINED BY THE OWNER 8 ° Z O / 1. CATCH BASIN SUMPS AND SEDIMENT CHAMBERS ARE TO BE CLEANED �ACH SPRING QFC / 12" STONE ALL AROUND AND FALL. g / 6,4itiH 'Cif;1RD , 2. DETENTION BASIN OUTLET IS TO BE INSPECTED EACH SPRING AND FALL. ANY ( a 33017s .�\,�� ,�� ,�� ,�� ,�� ,�� ,�� ,�� ,�� ,�� A A A A ,�� CLOGGING SHALL BE REMOVED IMMEDIATELY. 0.as'.. �, 3. DETENTION BASIN DISCHARGE LOCATION SHALL BE INSPECTED AFTER EACH v SIGNIFICANT RAINFALL EVENT AND AT LEAST MONTHLY FOR THE FIRST YEAR AFTER THE BASIN IS CONSTRUCTED. ANY EROSION SHALL BE REPAIRED IMMEDIATELY. AFTER THE Z v Q n/ '�/ FIRST YEAR, THE DISCHARGE LOCATION IS TO BE INSPECTED PERIODICALLY AS PLAN �f p v c EW TYPICAL ST(�RIW W�1 TEfF� MANAGEMENT�EtiIENTY�TE'M NECESSARY TO ENSURE PROPER PERFORMANCE. SHEET No. g SCALE. 1/2"= 1 '-0" G- 4 o PROJECT No. LE 307-10