Loading...
HomeMy WebLinkAboutMiscellaneous - 1503 OSGOOD STREET (2) "ORTty Town of North Andover Office of the Plannin De artmex�°� (ECE# ` t Community Development and Service s 'v cion A�NUS�'4 Osgood Landing AN10: 49 1600 Osgood Street Lincoln Daley Building#20,Suite 2-36 NORTH (Ef ,= Town Planner North Andover,Massachusetts 01845 _°r ASS A P(978)688-9535 F(978)688-9542 NQTICE 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: June 21, 2006 Date of Hearings: May 30,2006, June 20,2006 Decision dote: June 20,2006 Petition of: 1503 Osgood Street,LLC, 2 Bridgeview Circle, Tyngsboroagh,MA 01879 Premises Affected: 1503 Osgood Street,North Andover,MA 01845 Map 34, Parcel 7 Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, & Section 8.3, 10.3 1, of the North Andover Zoning Bylaw for a Site Plan Review Special Permit so as to allow for the construction of 3,791 s.f of convenience stare/deli, donut shop with a drive-through facility, a 5 pump gasoline station, 30 parking spaces, associated grading and extensive landscaping work located within the B-2 Zoning District. At a public hearing given on the above date,the Planning Board voted to APPROVE a Site Plan Review Special Permit, upon a motion made by John Simons, 2d by Alberto Angles with language as amended, vote was unanimous 4-0. Signed: 0��4 � Lincoln Daley, To Tanner cc: Applicant Richard Nardella, Chairman Engineer John Simons, Vice Chairman Abutters Alberto Angles Town Departments Jack Green BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Page 4 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit The Planning Board herein approves the Site Plan Special Permit for the construction of 3,791 square feet of convenience store/deli, donut shop with a drive-through facility, a 5-pump gasoline station, 30 parking spaces, associated grading and extensive landscaping work. The convenience store and gasoline station are located in the Business 2 (132) Zoning District. Access and egress from the site will be from Osgood Street. This Special Permit was requested by 1503 Osgood Street, LLC, 2 Bridgeview Circle, Tyngsborough, MA 01879. The application was filed with the Planning Board on April 14, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9 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 Business 2 Zoning District and involves the construction of a convenience story, deli, donut shop with drive-through facility, and gasoline station. Further, the project provides goods and services that will promote economic growth and diversity along a major corridor identified in the Town Master Plan and Community Development Plan. 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 design provides for adequate traffic flow, safety, and sufficient pedestrian connections throughout the project; 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 has been reviewed by the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. 5) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 6) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will be connected to Town water and utilities on the property to adequately address the needs of the project and has been reviewed by the Division of Public Works and the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. Sewer for the project will be private, but has been designed to connect to the Town sewer when the sewer network is extended to this area. At such time the sewer network is extended to this property, the project will connect to the Town sewer network. The Division of Public Works, Heath Department, and the outside consulting engineer, Vanasse, Hangen Brustlin, Inc, have reviewed the private sewer design and deemed it adequate. Page 2 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 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: Permit Definitions: i) The"Locus"refers to the 264,609 s.f. parcel of land with land fronting on Osgood Street and Orchard Hill Road as shown on Assessors Map 34, Lot 7, and also known as 1503 Osgood Street,North Andover, Massachusetts. ii) The "Plans" refer to the plans prepared by MHF Design Consultants dated April 10, 2006, revised June 9, 2006 entitled "Site Development Plans Map 34, Lot 7, 1503 Osgood Street(Route 125)/Orchard Hill Road,North Andover, Massachusetts 01845." and consisting of sheets 1 through 8, A2, Cl, Lighting Plan—Sheet 1 of 1, and WB-50 Truck Turning Plan—Sheet 1 of 1 iii) The"Project'or"1503 Osgood Street"refers to the development of 3,791 square feet of convenience store/deli, donut shop with a drive-through facility, a 5-pump gasoline station, 30 parking spaces, associated grading and extensive landscaping work. iv) The"Applicant'refers to 1503 Osgood Street, LLC,the applicant for the Special Permit. v) 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. 1) 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 monthly reports to the Planning Board 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. 2) 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) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. Page 3 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit Prior 3) o to the endorsement of the laps b the Planning Board the applicant must P Y g � comply with the following conditions: A) The final plans must be reviewed and approved by the Division of Public Works, Planning Department, and Health 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 the construction of the driveway and signal work to the Planning Department. 4) Prior to the start of construction: A) A construction schedule shall be submitted to the Planning and Conservation Departments 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 and Conservation Departments. 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, 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 and erosion control bond shall be in the total amount of ten thousand dollars ($10,000) for the purpose of covering any c ntin encies that might affect the Page 4 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 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. H An bo d in the amount of ten thousand dollars $10,000 must be posted for the purpose of ( ) p p � insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts, 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. 5) 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) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. D) 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. 6) 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. Page 5 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 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. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures. 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. 7) 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) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. D) Emergency Response Plan to be filed and posted in obvious place such as Fire Department, Police Department, and Planning Department. 8) Prior to the final release of all security and escrowed funds: A) The Planning Staff and Planning Board shall review the site. Any screening as may be reasonably required or relocated by the Planning Board will be added at the Project Owner's expense. Page 6 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 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. 9) 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) 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. 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 beyond the 3 underground fuel storage tanks associated with the gasoline station in plans referenced in Condition N below. Said fuel storage tanks must comply with all local and state building codes and regulations. 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) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. L) 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. Page 7 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit M) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit granted on June 21, 2006, 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. N) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1) Plan titled: Site Development Plans Map 34,Lot 7 1503 Osgood Street(Route 125)/Orchard Hill Road North Andover,Massachusetts 01845. Prepared for: 1503 Osgood Street,LLC 2 Bridgeview Circle Tyngsborough,MA Prepared by: MHF Design Consultants,Inc. 103 Stiles Road, Suite One Salem,NH 03079 Scale: 1"=20' Date: April 10,2006,revised 6/8/06,6/9/06 Sheets: 1-8,A2,C 1 Lighting Plan—Sheet 1 of 1 WB-50 Truck Turning Plan—Sheet 1 of 1 2) Report: Storm Water Management Drainage Calculations &Best Management Practices Prepared for: 1503 Osgood Street,LLC 2 Bridgeview Circle Tyngsborough,MA Prepared by: MHF Design Consultants,Inc. 103 Stiles Road, Suite One Salem,NH 03079 Date: June 9,2006 3) Report: Traffic Impact and Access Study Proposed Gasoline Station/Convenience Store with Drive-Through North Andover,Massachusetts Prepared for: Ranger Development Corp. 2 Bridgeview Circle Tyngsborough,MAO 1879 Prepared by: Greenman-Pedersen,Inc. 105 Central Street, Suite 4100 Stoneham,MA 02180 Date: October 2005 4) Plan Titled Landscape Architecture&Land Planning Chris Huntress of Huntress Associates,Inc. 17 Tewksbury St.,Andover,MA 01810 Date: June 9,2006 Page 8 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit R CEIVFD TO ePrs .ITRK'S r1!7 ^€ ` cc: Director of Public Works Building Inspector 2006 JUN 26 AM 10: 49 Town Manager .trr, 3txN5 S a- Conservation Administrator NORTH Drainage Consultant MASSACH11C.; Planning Board Police Chief Fire Chief Applicant Engineer File Page 9 of 9 i Of NORTH 1 Town of North Andover ° RECEIVED Office of the Planning Departmei<iEt P h + 1 ♦ t f CL, !lf tS CJ i- LC �, .� Community Development and Services ails on � ea,4ryp.�' ty "SS��HUSE� Osgood Landing N26 AN 10: 49 1600 Osgood Street Lincoln Daley Building#20,Suite 2-36l�l,fs = North Andover,Massachusetts 01845 NORTH At`0o" ,., Town Planner 1'�A5SACHL!(�i }4; P(978)688-9535 F(978)688-9542 NQTICE QF DECISION This is to cerny that twenty(20)days have elapsed from date of decislon,filed without filing of an appeal Date-'MYL p al, aO4 Any appeal shall be filed Joyce A.Bradghaw within(20)days after the Town Clerk date of filing this Notice in the office of the Town Clerk. Date: June 21,2006 Date of Hearings: May 30,2006,June 20,2006 Decision dote: June 20,2006 Petition of: 1503 Osgood Street,LLC, 2 Bridgeview Circle,Tyngsborough,MA 01879 Premises Affected: 1503 Osgood Street,North Andover,MA 01845 Map 34, Parcel l Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, & Section 8.3, 10.3 1, of the North Andover Zoning Bylaw for a Site Plan Review Special Permit so as to allow for the construction of 3,791 s.f of convenience storeldeli, donut shop with a drive-through facility, a 5 pump gasoline station, 30parking spaces, associated grading and extensive landscaping work located within the B-2 Zoning District. At a public hearing given on the above date, the Planning Board voted to APPROVE a Site Plan Review Special Permit, upon a motion made by John Simons, 2°d by Alberto Angles with language as amended, vote was unanimous 4-0. Signed: Lincoln Daley, To fanner cc: Applicant Richard Nardella, Chairman Engineer John Simons, Vice Chairman Abutters Alberto Angles Town Departments Jack Green BOARD OF.APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Page 4 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit The Planning Board herein approves the Site Plan Special Permit for the construction of 3,791 gasoline station, 30 parking spaces, associated grading and extensive landscaping square feet of convenience store/deli, donut shop with a drive-through facility, a 5-pwork. The ump convenience store and gasoline station are located in the Business 2 (B2) Zoning District. Access and egress from the site will be frecial Permit wa om Osgood Street. This Sps requested by 1503 Osgood Street, LLC, 2 Bridgeview Circle, Tyngsborough, MA 01879. The application was filed with the Planning Board on April 14, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9 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 Business 2 Zoning District and involves the construction of a convenience story, deli, donut shop with drive-through facility, and gasoline station. Further, the project provides goods and services that will promote economic growth and diversity along a major corridor identified in the Town Master Plan and Community Development Plan. 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 design provides for adequate traffic flow, safety, and sufficient pedestrian connections throughout the project; 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 has been reviewed by the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. 5) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 6) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will be connected to Town water and utilities on the property to adequately address the needs of the project and has been reviewed by the Division of Public Works and the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. Sewer for the project will be private, but has been designed to connect to the Town sewer when the sewer network is extended to this area. At such time the sewer network is extended to this property, the project will connect to the Town sewer network. The Division of Public Works, . . Heath Department, and thep t� outside consulting engineer, .Vanasse, Hangen Brustlin, Inc, have reviewed the private sewer design and deemed it adequate. Page 2 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as fisted 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: Permit Definitions: i) The"Locus"refers to the 264,609 s.f parcel of land with land fronting on Osgood Street and Orchard Hill Road as shown on Assessors Map 34, Lot 7, and also known as 1503 Osgood Street,North Andover, Massachusetts. ii) The "Plans" refer to the plans prepared by MHF Design Consultants dated April 10, 2006, revised June 9, 2006 entitled "Site Development Plans Map 34, Lot 7, 1503 Osgood Street(Route 125)/Orchard Hill Road,North Andover,Massachusetts 01845." and consisting of sheets 1 through 8, A2, Cl, Lighting Plan—Sheet 1 of 1, and WB-50 Truck Turning Plan—Sheet 1 of 1 iii) The"Project"or"1503 Osgood Street"refers to the development of 3,791 square feet of convenience store/deli, donut shop with a drive-through facility, a 5-pump gasoline station, 30 parking spaces, associated grading and extensive landscaping work. iv) The"Applicant'refers to 1503 Osgood Street, LLC,the applicant for the Special Permit. v) 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. 1) 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 monthly reports to the Planning Board 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. 2) 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) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. Page 3 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 3) 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 Division of Public Works, Planning Department, and Health 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 the construction of the driveway and signal work to the Planning Department. 4) Prior to the start of construction: A) A construction schedule shall be submitted to the Planning and Conservation Departments 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 and Conservation Departments. 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, 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 op enin and erosion control bond shall be in the total amt of ten thousand dollars ($10,000) for the purpose of covering any contingencies that might aff ct he Page 4 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 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 nand made payable to the Town of North Andover escrow account. 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, curb cuts, 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. 5) 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) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. D) 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 incase of an emergency. 6) During construction: A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as directed by the Town Planner, throughout the constructionP rocess. Page 5 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 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. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures. 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. 7) 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) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State -Building Code.- Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. D) Emergency Response Plan to be filed and posted in obvious place such as Fire Department, Police Department, and Planning Department. 8) Prior to the final release of all security and escrowed funds: A) The Planning Staff and Planning Board shall review the site. Any screening as may be reasonably required or relocated by the Planning Board will be added at the Project Owner's expense. Page 6 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit B) A final as-built plan showing final topography, the location of all on-site utilities, structures, curb nuts, parking spaces, and drainage structures and facilities must be submitted to the Planning Department. 9) 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) 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. 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 beyond the 3 underground fuel storage tanks associated with the gasoline station in plans referenced in Condition N below. Said fuel storage tanks must comply with all local and state building codes and regulations. 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) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. L) 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 Page 7 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit M) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit granted on June 21, 2006, 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. N) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1) Plan titled: Site Development Plans Map 34,Lot 7 1503 Osgood Street(Route 125)/Orchard Hill Road North Andover,Massachusetts 01845. Prepared for: 1503 Osgood Street,LLC 2 Bridgeview Circle Tyngsborough,MA Prepared by: MHF Design Consultants,Inc. 103 Stiles Road,Suite One Salem,NH 03079 Scale: 1"=20' Date: April 10,2006,revised 6/8/06,6/9/06 Sheets: 1-8,A2,Cl Lighting Plan—Sheet 1 of 1 WB-50 Truck Turning Plan—Sheet 1 of 1 2) Report: Storm Water Management Drainage Calculations &Best Management Practices Prepared for: 1503 Osgood Street,LLC 2 Bridgeview Circle Tyngsborough,MA Prepared by: MBF Design Consultants,Inc. 103 Stiles Road, Suite One Salem,NH 03079 Date: June 9,2006 3) Report: Traffic Impact and Access Study Proposed Gasoline Station/Convenience Store with Drive-Through North Andover,Massachusetts Prepared for: Ranger Development Corp. 2 Bridgeview Circle Tyngsborough,MAO 1879 Prepared by: Greenman-Pedersen,Inc. 105 Central Street, Suite 4100 Stoneham,MA 02180 Date: October 2005 4) Plan Titled Landscape Architecture&Land Planning Chris Huntress of Huntress Associates,Inc. 17 Tewksbury St.,Andover,MA 01810 Date: June 9,2006 Page 8 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit RECEIVED T0't�'N CL-PR K'S CF FICr- cc: Director of Public Works 2006 JUN 26 AM l0: 49 Building Inspector Town Manager TO fir Conservation AdministratorNORTH API ?4 ;w Drainage Consultant MASSACHU , Planning Board Police Chief Fire Chief Applicant Engineer File Page 9 of 9 5 µ0aT" Town of North Andover t . * Office of the Planning Departme�i� L_�K 5 b Community Development and Service�`,'�jjjDj(((��[]i' Sion �+[� �9SSACHLLS£t�g 4VUU,1 N 26 , Y 7 Osgood Landing ����, 1600 Osgood Street Lincoln Daley Building#20,Suite 2-36 TO jv North Andover,Massachusetts 01845 AORTH r�1�dD0VE`i Town Planner +¢ P(978)688-9535 F(978)688-9542 NQTICE 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: June 21,2006 Date of Hearings: May 30, 2006,June 20,2006 Decision dote: June 20,2006 Petition of 1503 Osgood Street,LLC, 2 Bridgeview Circle,Tyngsborough,MA 01879 Premises Affected: 1503 Osgood Street,North Andover,MA 01845 Map 34, Parcel 7 Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, & Section 8.3, 10.3 1, of the North Andover Zoning Bylaw fora Site Plan Review Special Permit so as to allow for the construction of 3,791 s.f of convenience storeldeli, donut shop with a drive-through facility, a 5 pump gasoline station, 30 parking spaces, associated grading and extensive landscaping work located within the B-2 Zoning District. At a public hearing given on the above date,the Planning Board voted to APPROVE a Site Plan Review Special Permit, upon a motion made by John Simons, 2nd by Alberto Angles with language as amended, vote was unanimous 4-0. Signed: C?C Lincoln Daley, TowffPlanner cc: Applicant Richard Nardella, Chairman Engineer John Simons, Vice Chairman Abutters Alberto Angles Town Departments Jack Green BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Page 4 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit The Planning Board herein approves the Site Plan Special Permit for the construction of 3,791 square feet of convenience store/deli, donut shop with a drive-through facility, a 5-pump gasoline station, 30 parking spaces, associated p � ed grading and extensive landscaping caping work. The convenience store and gasoline station are located in the Business 2 (B2) Zoning District. Access and egress from the site will be from Osgood Street. This Special Permit was requested by 1503 Osgood Street, LLC, 2 Bridgeview Circle, Tyngsborough, MA 01879. The application was filed with the Planning Board on April 14, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9 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 Business 2 Zoning District and involves the construction of a convenience story, deli, donut shop with drive-through facility, and gasoline station. Further, the project provides goods and services that will promote economic growth and diversity along a major corridor identified in the Town Master Plan and Community Development Plan. 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 design provides for adequate traffic flow, safety, and sufficient pedestrian connections throughout the project; 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 has been reviewed by the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. 5) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 6) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will be connected to Town water and utilities on the property to adequately address the needs of the project and has been reviewed by the Division of Public Works and the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. Sewer for the project will be private, but has been designed to connect to the Town sewer when the sewer network is extended to this area. At such time the sewer network is extended to thisro e p p rty, the project will connect to the Town sewer network. The Division of Public Works, Heath Department, and the outside consulting engineer, Vanasse, Hangen Brustlin, Inc, have reviewed the private sewer design and deemed it adequate. Page 2 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 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: Permit Definitions: i) The"Locus"refers to the 264,609 s.f parcel of land with land fronting on Osgood Street and Orchard Hill Road as shown on Assessors Map 34, Lot 7, and also known as 1503 Osgood Street,North Andover, Massachusetts. ii) The "Plans" refer to the plans prepared by MHF Design Consultants dated April 10, 2006, revised June 9, 2006 entitled "Site Development Plans Map 34, Lot 7, 1503 Osgood Street(Route 125)/Orchard Hill Road,North Andover, Massachusetts 01845." and consisting of sheets 1 through 8, A2, CI,Lighting Plan—Sheet 1 of 1, and WB-50 Truck Turning Plan—Sheet 1 of 1 iii) The"Project"or"1503 Osgood Street"refers to the development of 3,791 square feet of convenience store/deli, donut shop with a drive-through facility, a 5-pump gasoline station, 30 parking spaces, associated grading and extensive landscaping work. iv) The"Applicant"refers to 1503 Osgood Street, LLC, the applicant for the Special Permit. v) 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. 1) 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 monthly reports to the Planning Board 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. 2) 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) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. Page 3 of 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 3) 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 Division of Public Works, Planning Department, and Health 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 the construction of the driveway and signal work to the Planning Department. 4) Prior to the start of construction: A) A construction schedule shall be submitted to the Planning and Conservation Departments 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 and Conservation Departments. 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, 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 that plans approved by the Conservation Commission substantially differ from the approved plans of the PlanningBoard, 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 and erosion control bond shall be in the total amount of ten thousand dollars ($10,000) for the purpose of covering any contingencies that might affect the Page 4 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 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. H) A bond in the amount of ten thousand dollars ($10,000)must beosted for the p purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces, topography, and drainage facilities 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. 5) 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) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. D) 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. 6) 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. Page 5 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 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. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures. 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. 7) 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) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code.- Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. D) Emergency Response Plan to be filed and posted in obvious place such as Fire Department, Police Department, and Planning Department. 8) Prior to the final release of all security and escrowed funds: A) The Planning Staff and Planning Board shall review the site. Any screening as may be reasonably required or relocated by the Planning Board will be added at the Project Owner's expense. Page 6 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 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. 9) 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) 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. 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 beyond the 3 underground fuel storage tanks associated with the gasoline station in plans referenced in Condition N below. Said fuel storage tanks must comply with all local and state building codes and regulations. 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) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. L) 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. Page 7 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit M) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit granted on June 21, 2006, 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. N) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1) Plan titled: Site Development Plans Map 34,Lot 7 1503 Osgood Street(Route 125)/Orchard Hill Road North Andover,Massachusetts 01845. Prepared for: 1503 Osgood Street, LLC 2 Bridgeview Circle Tyngsborough,MA Prepared by: MBF Design Consultants,Inc. 103 Stiles Road, Suite One Salem,NH 03079 Scale: 1"=20' Date: April 10,2006,revised 6/8/06,6/9/06 Sheets: 1-8,A2,C1 Lighting Plan—Sheet 1 of 1 WB-50 Truck Turning Plan—Sheet 1 of 1 2) Report: Storm Water Management Drainage Calculations &Best Management Practices Prepared for: 1503 Osgood Street,LLC 2 Bridgeview Circle Tyngsborough,MA Prepared by: MHF Design Consultants,Inc. 103 Stiles Road, Suite One Salem,NH 03079 Date: June 9,2006 3) Report: Traffic Impact and Access Study Proposed Gasoline Station/Convenience Store with Drive-Through North Andover,Massachusetts Prepared for: Ranger Development Corp. 2 Bridgeview Circle Tyngsborough,MAO 1879 Prepared by: Greenman-Pedersen,Inc. 105 Central Street,Suite 4100 Stoneham,MA 02180 Date: October 2005 4) Plan Titled Landscape Architecture&Land Planning Chris Huntress of Huntress Associates,Inc. 17 Tewksbury St.,Andover,MA 01810 Date: June 9,2006 Page 8 of 9 t 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit „ PECEIVEQ TC��N r,I ER K'S Cr 'ICE cc: Director of Public Works 2006 JUN 26 AM 10: 49 Building Inspector Town Manager TO ,,si 0; Conservation Administrator NORTH A Vb�3-- Drainage Consultant MA5SACK!"". Planning Board Police Chief Fire Chief Applicant Engineer File Page 9 of 9 f` T NORTH 1 Town of North Andover n Office of the Planning De artmeM RFCElVE© FiC Community Development and Service 'v'sion 9SS��HUSE` Osgood Landing � ��, 1600 Osgood Street N26 49 Lincoln Daley Building#20,Suite 2-36 Tltiz' v' 0,,: NORTH D f�%' North Andover,Massachusetts 01845C? F Town Planner MASS ACH'f t'H—f P(978)688-9535 °`° "` F(978)688-9542 NQTICE 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: June 21, 2006 Date of Hearings: May 30,2006, June 20, 2006 Decision d#te: June 20,2006 Petition of 1503 Osgood Street,LLC, ` 2 Bridgeview Circle,Tyngsborough,MA 01879 Premises Affected: 1503 Osgood Street,North Andover,MA 01845 Map 34, Parcel 7 Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, & Section 8.3, 10.3 1, of the North Andover Zoning Bylaw for a Site Plan Review Special Permit so as to allow for the construction of 3,791 s.f of convenience store/deli, donut shop with a drive-through facility, a 5 pump gasoline station, 30 parking spaces, associated grading and extensive landscaping work located within the B-2 Zoning District. At a public hearing given on the above date, the Planning Board voted to APPROVE a Site Plan Review Special Permit, upon a motion made by John Simons, 2d by Alberto Angles with language as amended, vote was unanimous 4-0. Signed: Lincoln Daley, To fanner cc: Applicant Richard Nardella, Chairman Engineer John Simons, Vice Chairman Abutters Alberto Angles Town Departments Jack Green BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Page 4 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit The Planning Board herein approves the Site Plan Special Permit for the construction of 3,791 square feet of convenience store/deli, donut shop with a drive-through facility, a 5-pump gasoline station, 30 parking spaces, associated grading and extensive landscaping work. The convenience store and gasoline p g. g e station are located in the Business 2 (B2) Zoning District. Access and egress from the site will be from Osgood Street. This Special Permit was requested by 1503 Osgood Street, LLC, 2 Bridgeview Circle, Tyngsborough, MA 01879. The application was filed with the Planning Board on April 14, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9 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 Business 2 Zoning District and involves the construction of a convenience story, deli, donut shop with drive-through facility, and gasoline station. Further, the project provides goods and services that will promote economic growth and diversity along a major corridor identified in the Town Master Plan and Community Development Plan. 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 design provides for adequate traffic flow, safety, and sufficient pedestrian connections throughout the project; 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 has been reviewed by the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. 5) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 6) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will be connected to Town water and utilities on the property to adequately address the needs of thero'ect and has P J been reviewed by the Division of Public Works and the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. Sewer for he project will be private, but has been designed to connect to the Town sewer when the sewer network is extended to this area. At such time the sewer network is extended to this property, the project will connect to the Town sewer network. The Division of Public Works, Heath Department, and the outside consulting engineer, Vanasse, Hangen Brustlin, Inc, have reviewed the private sewer design and deemed it adequate. Page 2 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 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: Permit Definitions: i) The"Locus"refers to the 264,609 s.£ parcel of land with land fronting on Osgood Street and Orchard Hill Road as shown on Assessors Map 34, Lot 7, and also known as 1503 Osgood Street,North Andover, Massachusetts. ii) The "Plans" refer to the plans prepared by MHF Design Consultants dated April 10, 2006, revised June 9, 2006 entitled "Site Development Plans Map 34, Lot 7, 1503 Osgood Street(Route 125)/Orchard Hill Road,North Andover, Massachusetts 01845." and consisting of sheets 1 through 8, A2, Cl,Lighting Plan—Sheet 1 of 1, and WB-50 Truck Turning Plan—Sheet 1 of 1 iii) The"Project"or"1503 Osgood Street"refers to the development of 3,791 square feet of convenience store/deli, donut shop with a drive-through facility, a 5-pump gasoline station, 30 parking spaces, associated grading and extensive landscaping work. iv) The"Applicant"refers to 1503 Osgood Street, LLC, the applicant for the Special Permit. v) 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. 1) 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 monthly reports to the Planning Board 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. 2) 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) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. Page 3 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit � 3) Prior to the endorsement of the pians b the Planning Board, thea applicant m comply with the following conditions: PP ust A) The final plans must be reviewed and approved by the Division of Public Works, Planning Department, and Health 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 the construction of the driveway and signal work to the Planning Department. 4) Prior to the start of construction: A) A construction schedule shall be submitted to the Planning and Conservation Departments 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 and Conservation Departments. 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, 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 onenincy and erosion control bond shall be in the total amount of ten thousand dollars ($10,000) for the purpose of covering any contingencies that might affect the Page 4 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 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. 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, curb cuts, 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. 5) 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) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. D) 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. 6) 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. Page 5 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit 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. Any approved piles must remain covered at all times to minimize potential dust and be required d to install appropriate erosion control measures. 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. 7) 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) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. D) Emergency Response Plan to be filed and posted in obvious place such as Fire Department, Police Department, and Planning Department. 8) Prior to the final release of all security and escrowed funds: A) The Planning Staff and Planning Board shall review the site. Any screening as may be reasonably required or relocated by the Planning Board will be added at the Project Owner's expense. Page 6 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit B) A final as-built plan showing final topography, the location of all on-site utilities, structures curb c utsarkin p g spaces, and drainage structures and facilities must be submitted to the Planning Department. 9) 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) 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. 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 beyond the 3 underground fuel storage tanks associated with the gasoline station in plans referenced in Condition N below. Said fuel storage tanks must comply with all local and state building codes and regulations. 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) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. L) 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. Page 7 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit M) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit granted on June 21, 2006, 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. N) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1) Plan titled: Site Development Plans Map 34,Lot 7 1503 Osgood Street(Route 125)/Orchard Hill Road North Andover,Massachusetts 01845. Prepared for: 1503 Osgood Street,LLC 2 Bridgeview Circle Tyngsborough,MA Prepared by: MHF Design Consultants,Inc. 103 Stiles Road, Suite One Salem,NH 03079 Scale: 1"=20' Date: April 10,2006,revised 6/8/06,6/9/06 Sheets: 1-89 A2,C1 Lighting Plan Sheet 1 of 1 WB-50 Truck Turning Plan—Sheet 1 of 1 2) Report: Storm Water Management Drainage Calculations &Best Management Practices Prepared for: 1503 Osgood Street,LLC 2 Bridgeview Circle Tyngsborough,MA Prepared by: MHF Design Consultants,Inc. 103 Stiles Road, Suite One Salem,NH 03079 Date: June 9,2006 3) Report: Traffic Impact and Access Study Proposed Gasoline Station/Convenience Store with Drive-Through North Andover,Massachusetts Prepared for: Ranger Development Corp. 2 Bridgeview Circle Tyngsborough,MAO 1879 Prepared by: Greenman-Pedersen,Ina 105 Central Street,Suite 4100 Stoneham,MA 02180 Date: October 2005 4) Plan Titled Landscape Architecture&Land Planning Chris Huntress of Huntress Associates,Inc. 17 Tewksbury St.,Andover,MA 01810 Date: June 9,2006 Page 8 of 9 1503 Osgood Street,LLC 1503 Osgood Street,Map 34.Lot 7 Site Plan Special Permit RECEIVED W U c K'S' CF FIC'" cc: Director of Public Works 2006 JUN 26 APS 1Q• 49 Building Inspector Town Manager (j I iJ f� V Conservation Administrator nit r Drainage Consultant MASSACHUSS L-T Planning Board Police Chief Fire Chief Applicant Engineer File Page 9 of 9 Massachusetts Department of Environmental Protection 1 Bureau of Resource Protection -Wetlands DEP Elle Number: WPA Form 4B — Order of Resource Area Delineation 242-1202 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move This Issuance is for(check one): your cursor- do not use the return key. ® Order of Resource Area Delineation ❑ Amended Order of Resource Area Delineation To: Applicant: Property Owner(if different from applicant): Ranger Development Mabel Rockwell Name Name 2 Bridgeview Circle 576 Osgood Street Mailing Address Mailing Address Tyngsboro MA. 01879 North Andover MA. 01845 City/Town state Zip Code City/Town State Zip Code 1. Project Location: Osgood Street/Rte. 125 North Andover Street Address City/Town Map 34 Parcel 7 Assessors Map/Plat Number Parol/Lot Number 2. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: AN RAD 5/16/03 Title Date Existing Condition Plan Revised 6/4/03 Title Date Title Date 3. Dates: 5/16/03 6/11/03 6/12/03 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance wpaformft.doc•rev.12/15/00 Page 1 of 3 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Fide"umber; WPA Form 4B Order of Resource Area Delineation 242-1202 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Order of Delineation The Conservation Commission has determined the following (check whichever is applicable): ® Accurate: The boundaries described on the referenced plan(s)above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): ® Bordering Vegetated Wetlands - ❑ Other Resource Area(s), specifically: See Record Plan revised 6/4/03 ❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn from the following resource area(s): ❑ Bordering Vegetated Wetlands ❑ Other Resource Area(s), specifically: ❑ Inaccurate: The boundaries described on the referenced plan(s)and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): ❑ Bordering Vegetated Wetlands ❑ Other Resource Area(s), specifically: The boundaries were determined to be inaccurate because: wpaform4b.doc•rev.12/15/00 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: V1/PA Form 4B - Order of Resource Area Delineation 242-1202 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Order of Delineation (cont.) This Order of Resource Area Delineation determines the boundaries of those resource areas noted above and is binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131, §40)and its regulations(310 CMR 10.00) regarding such boundaries. This Order does not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above, regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation. This Order must be signed by a majority of the Conservation Commission. The Order must be sent by certified mail(return receipt reques or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same tim the appropriate DEP Regional Office(see Appendix A) Signatures: s 1 f This Order is valid for three years from the date of issuance. This Order is issued to the applicant and the property owner(if 'fferent)as follows: ❑ by hand delivery on by certified mail, return receipt requested on Date Date C. 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(see Appendix A)to issue a Superseding Order of Resource Area Delineation. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Appendix E: Request for Departmental 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. 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 bylaw or ordinance, and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform4b.doc•rev.12/15/00 Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A - DEP Regional Addresses 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 Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Craton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston, Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater 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 Lunenbuag Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillilpston 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 Lakeville,MA 02347 Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Avon Duxbury Halifax NewBedford 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 Edgadown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marron PlafnviN® Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-Tt,e-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 Top"d Wpaform4b.doc-Appendix A•rev.11/22/00 Page 1of 1 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out1. Person or artYmakin 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 QPhone Number, Fax Number(if applicable) Project Location renaa 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 ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 Wpaform4b.doc•Appendix E-rev.2/00 Page 1 of 2 Massachusetts Department of Environmental Protection L7" J Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. I Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Wpaform4b.doc•Appendix E•rev.2/00 Page 2 of 2