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Miscellaneous - 1600 OSGOOD STREET
M Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Pile Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the Robert Bartley, 1600 Osgood Street, LLC c/o Ozzy Properties, Inc computer, use Name only the tab key to move 1600 Osgood Street your cursor- Mailing Address do not use the North Andover MA 01845 return key. City/Town State Zip Code ,Q 2. Property Owner(if different): Orit Goldstein, 1600 Osgood Street, LLC Name rte" 1600 Osgood Street Mailing Address North Andover MA 01845 City/Town State Zip Code B. Authorization The Order of Conditions (or Extension Permit)issued to the applicant or property owner listed above on: April 27, 2006 Date for work at: 1600 Osgood Street Map 32 Parcels 17,15 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex North 10344 330 County Book Page Certificate(if registered land) is hereby extended until April 27, 2010 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): Date Issued by: North Andover bdo Conservation Commission Date wpaform7.doc•rev.1/07 Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization cont. This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office (see hftp://www.mass.gov/deD/about/region/findvour.htm). Signatures: / " Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Day of Monfh Year Before me, the undersigned Notary Public, personally appeared N MA.4,OAI Name of Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town DO=PrUBLIC Signature of Notary Public C0 WONWSETTSM com2009 y Printed Name of Notary Public Place notary seal and/or any stamp above 0d 9My commis .on fres(Date) wpaform7.doc-rev.1/07 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 o Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: North Andover Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 1600 Osgood Street 242-1352 Project Location DEP File:.Number has been recorded at the Registry of Deeds of: Essex North County for: Orit Goldstein, 1600 Osgood Street,LLC Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform7.doc•rev.1/07 Page 3 of 3 Ot tAORT#1 F 2006 0V '30 AN 111: 519 CHU Y 0 R T H 1`j 01 E ZONING BOARD OF APPEALSN Community Development Division MASSIJAC-I Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L. ch. 40A, §17 Property at: 1600 Osgood Street—Corrected Copy NAME: 1600 Osgood Street LLC,clo Ozzy HEARING(S): September 12& Properties,Inc.,3 Dundee Park, October 10,2006 Andover,MA 01810 ADDRESS: 1600 Osgood Street PETITION: 2006-029. North Andover,MA 01845 TYPING DATE: October 12,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Han top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,October 10,2006 at 7:30 PM upon the application of 1600 Osgood Street LLC,cto Ozzy Properties,Inc.,3 Dundee Park,Andover,MA 01810 for premises at: 1600 Osgood Street(Map 34,Parcel 17),North Andover requesting a dimensional Variance for relief from the requirements of Section 6,Paragraph 6.6 of the Zoning Bylaw in order to(1) install a 2nd ground sign,and(2)requesting that the 20d ground sign's area be greater than 100 square feet Said premise affected is property with frontage on the Northwest side of Osgood Street within the 1-2 zoning district Legal notices were sent to all names on the abutter's list and were published in the Eagle- Tribune,a newspaper of general circulation in the Town of North Andover,on August 21&August 28, 2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III, Richard M.Vaillancourt,and Daniel S.Braese. The following non-voting members were present: Richard J.Byers and Thomas D.Ippolito. Upon a motion by Joseph D.LaGrasse,supplemented by Albert P.Manzi,M and 2nd by Richard M. Vaillancourt,the Board voted to GRANT dimensional Vanaitce from Section 6,Paragraph 6.6.G.3 of the Zoning Bylaw for relief of a second(2!d)ground sign,and for relief of 20 sq.ft-in order to install the VA ground sign,the 120 sq.&Osgood Landing South Entrance ground sign per: Site: 16000s ood SUM(Map 34,Parcel 17),North Andover,MA 10845 Site Plan Title: Sign Plan,Assessor's Map 34—Lot 17, 1600 Osgood Street,North Andover, Massachusetts,prepared for 1600 Osgood Street LLC, 1600 Osgood Street, North Andover,Massachusetts Date(&Revised Dates): September 11,2006,signed 9/12/06 Registered Professional Christopher Francher,P.L.S.#36116,NW Design Consultants,Inc., 103 Land Surveyor: Stiles Road, Suite One,Salem,New Hampshire 03079 I Sheet/Drawing: I of 1,Project No.206606 Page I of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com r- fy',w,we Stump (� NOV 30 AN f �jOAtA cocaiewwM,�'��0, fwl� ORATED rP��'y� s3ACHU5� }i' i S Ci ZONING BOARD Of APPEALS NORTH A' U Community Development Division Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Property at: 1600 Osgood Street—Corrected Co NAME: 1600 Osgood Street LLC,c(o Ozzy HEARING(S): September 12& Properties,Inc.,3 Dundee Park, October 10,2006 Andover,MA 01810 ADDRESS: 1600 Osgood Street PETITION: 2006-029. North Andover,MA 01845 TYPING DATE: October 12,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,October 10,2006 at 7:30 PM upon the application of 1600 Osgood Street LLC,c/o Ozzy Properties,Inc.,3 Dundee Park,Andover,MA 0 18 10 for premises at: 1600 Osgood Street(Map 34,Parcel 17),North Andover requesting a dimensional Variance for relief from the requirements of Section 6,Paragraph 6.6 of the Zoning Bylaw in order to(1) install a 2n6 ground sign,and(2)requesting that the 2°d ground sign's area be greater than 100 square feet. Said premise affected is property with frontage on the Northwest side of Osgood Street within the I-2 zoning district. Legal notices were sent to all names on the abutter's list and were published m the Eagle- Tribune,a newspaper of general circulation in the Town of North Andover,on August 21&August 28, 2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III, Richard M Vaillancourt,and Daniel S.Braese. The following non-voting members were present: Richard J.Byers and Thomas D. Ippolito. Upon a motion by Joseph D.LaGrasse,supplemented by Albert P.Manzi,III and 2d by Richard M. Vaillancourt,the Board voted to GRANT dimensional Variance from Section 6,Paragraph 6.6.G.3 of the Zoning Bylaw for relief of a second(2nd)ground sign and for relief of 20 sqft.in order to install the 2nd ground sign,the 120 sq.ft.Osgood Landing South Entrance ground sign per: Site: 16000s ood Street(Map 34,Parcel 17),North Andover,MA 10845 Site Plan Title: Sign Plan,Assessor's Map 34—Lot 17, 1600 Osgood Street,North Andover, Massachusetts,prepared for 1600 Osgood Street LLC, 1600 Osgood Street, North Andover,Massachusetts Date(&Revised Dates): September 11,2006,signed 9/12/06 Registered Professional Christopher Francher,F.L.S.#36116,Mff Design Consultants,Inc., 103 Land Surveyor: Stiles Road,Suite One,Salem,New Hampshire 03079 Sheet/Drawing: I of 1,Pro' No.206606 Page 1 of 3 1600 Osgood Street North Andover Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com � �aQitTiy '0 4"TimeStomp gnm p 21006 NOV 30 111 5 0 . •A eoc.iu.i �. ��SSAC14 s r+ p ZONING BOARD OF APPEALS HIaO T H A''l" Y Community Development Division Sign Plan Title: Osgood Landing,North Andover,MA,Ozzy Properties,Inc.,3 Dundee Park, Andover,MA 01810,Si 2:Main Entrance Monuments By: FTFBlackstone;One Grafton Common,Suite L2,Grafton,MA 01519 Date: 02-18-06 Sheet/Drawing: I of 1,Dw .No. S-2[South Entrance] With the following conditions: 1. All signs shall be externally illuminated 2. The applicant shall remove ground signs#1 [black metal billboard sign to the left of entrance 41,2,5,&7,and as listed in the John Smolak memorandum to Gerald Brown of September 25,2006 and the Huntress Associates Osgood Landing Signage Master Plan,1600 Osgood Street LLC PowerPoint pamphlet illustrating the above along with the temporary portable"sandwich board"tenant signs within six(6)months after the issuance of Variance 2006-029. 3. The temporary real estate banner#6"Now Leasing"shall be removed per requnrements of Section 6.6.8.2. [Corrected Copy, Typing Qmissionl 4. The applicant shall relocate ground signs#3 Employee Parking,#4 Shipping& Receiving/South Visitor Parking, South Visitor Parking further from the front lot line than the South Entrance ground sign and the Osgood Landing ground sign,as listed in the John Smolak e-mail of September 25,2006 and theHuntress Associates Osgood Landing Signage Master Plan,1600 Osgood Street LLC PowerPoint pamphlet within six(6)months after the issuance of Variance 2006-029. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III,Richard M. Vaillancourt, and Daniel S.Braese. The Board finds that owing to circumstances relating to the Shape and topography of Map 34,Parcel 17 and the location of its structures,some structures are I/o mile from Osgood Street,especially affect this land and its structures but does not affect generally the I-2 zoning district in which it is located,a literal enforcement of the provisions of Paragraph 6.6.G.3 would involve substantial hardship,financial or otherwise,to 1600 Osgood Street LLC and its tenants. The Board finds that one abutter spoke in favor of the petitions at the September 12`h meeting and wrote a letter of support on September 13,2006. The Board finds that there was no written or spoken opposition. The Board finds that the 2,224.62'frontage along State Route 125, the 119.703 acreage of Osgood Landing at 1600 Osgood Street(Map 34 Parcel 17),the multiple tenants and uses at Osgood Landing,and the need for quick entrance choices by Emergency Personnel and visitors are the specific conditions that satisfy the provisions of Section 10,Paragraph 10.4 of the Zoning Bylaw. The Board finds that the removal of 4 existing ground signs,the removal of the temporary portable "sandwich board"tenant signs,and the relocation of 3 mdstin directional and signsthe above g � 1�' September 25 e-mail and PowerPoint Signage Master Plan satisfy the provisions of Section 6.6.G.3 of the Zoning Bylaw and that desirable relief may be granted for a 2`d ground sign of 120 sq.ft.labeling the South Entrance and its tenants without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fox 978.688.9542 Web wwwjowoofnorthandover.com ,ao�rTr� 3?o� p 7 TOTT/tbPrae Stamp 2006 NOS 30 A ai 1 `0 SSAc {t t• ZONING BOARD OF APPEALS NRTH A ' ' pT Community Development Division `K C s Sign Plan Title: Osgood Landing,North Andover,MA,Ozzy Properties,Inc.,3 Dundee Park, Andover,MA 0 18 10,Sign T 2:Main Entrance Monuments By: FFF'Blackstone,One Grafton Common, Suite L2,Grafton,MA 01519 Date: 02-18-06 Sheet/Drawing: 1 of I,Dw .No. S-2[South Entrance] With the following conditions: L All signs shall be externally illuminated. 2. The applicant shall remove ground signs#1 [black metal billboard sign to the left of entrance 41,2,5,&7,and as listed in the John Smolak memorandum to Gerald Brown of September 25,2006 and the Huntress Associates Osgood Landing Signage Master Plan,1600 Osgood Street LLC PowerPoint pamphlet illustrating the above along with the temporary portable"sandwich board"tenant signs within six(6)months after the issuance of Variance 2006-029. 3. The temporary real estate banner#6"Now Leasing"shall be removed per requirements of Section 6.6.&.2. [Corrected Comt. Typing OOnI 4. The applicant shall relocate ground signs#3 Employee Parking,#4 Shipping& Receiving/South Visitor Parking, South Visitor Parking further from the front lot line than the South Entrance ground sign and the Osgood Landing ground sign,as listed in the John Smolak e-mail of September 25,2006 and the Huntress.Associates Osgood Landing Siguage Master Plan,1600 Osgood Street LLC PowerPoint pamphlet within six(6)months after the issuance of Variance 2006-029. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III,Richard M.Vaillancourt, and Daniel S.Braese. The Board finds that owing to circumstances relating to the shape and topography of Map 34,Parcel 17 and the location of its structures,some structures are%mile from Osgood Street,especially affect this land and its structures but does not affect generally the I-2 zoning district in which it is located,a literal enforcement of the provisions of Paragraph 6.6.G.3 would involve substantial hardship,financial or otherwise,to 1600 Osgood Street LLC and its tenants. The Board finds that one abutter spoke in favor of the petitions at the September 12e'meeting and wrote a letter of support on September 13,2006. The Board finds that there was no written or spoken opposition. The Board finds that the 2,224.62'frontage along State Route 125, the 119.703 acreage of Osgood Landing at 1600 Osgood Street(Map 34 Parcel 17),the multiple tenants and uses at Osgood.Landing,and the need for quick entrance choices by Emergency Personnel and visitors are the specific conditions that satisfy the provisions of Section 10,Paragraph 10.4 of the Zoning Bylaw. The Board finds that the removal of 4 existing ground signs,the removal of the temporary portable "sandwich board"tenant signs,and the relocation of 3 existing;directional ground signs per the above September 25 e-mail and PowerPoint Signage Master Plan satisfy the provisions of Section 6.6.G.3 of the Zoning Bylaw and that desirable relief may be granted for a 2d ground sign of 120 sq.ft,labeling the South Entrance and its tenants without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Page 2 of 3 1600 Osgood Street,North Andover,Mossochusetts 01845 Phone 978.688.9541 Fox 978.688.9542 Web wwwjownofnorthandover.com � NORTy � Time Stamp 20 ZONING BOARD OF APPEALS N OR T H A1; �"TV tE Community Development Division MA S SAf"'41 U' I { Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense;. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, �j a en P.McIntyre, iman Decision 2006-029.Corrected—Cam Twins Omission M34P1'7. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web wwwjownofnorthandover.com t&ORTo-r bp4le rk TimAStamp r- _x.E hr's O no�A<� •�._ •�* 2006 NOVN :. ,. � ���� Vit• E50 '�tgS3gCNLjS t ZONING BOARD OF APPEALS noull ,;,,.__, Community Development Division Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, 'Eten P.McIntyre„thaifinan (j Decision 2006-029.Corrected Co py Ty"in M34P17. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com f NORTIJ rt- kj' e Stamp ►- J i, 2006 NOV 30 AM 11: 50 re ^CHU5 ZONING BOARD OF APPEALSNORTH '` ` # ` ` Community Development Division MA S 01 U1 �T b Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Proat: 1600 Osgood Street—Corrected!Cooy NAME: 1600 Osgood Street LLC,c/o Ozzy HEARINGS): September 12& Properties,Inc.,3 Dui Park, October 10,2006 Aver,MA 01810 ADDRESS: 1600 Osgood Street PETITION: 2006-029. North Andover,MA 01845 TYPING DATE: October 12,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,October 10,2006 at 7:30 PM upon the application of 1600 Osgood Street LLC,c/o Ozzy Properties,Inc.,3 Dundee Park,Andover,MA 01810 for premises at: 1600 Osgood Street(Map 34,Parcel 17),North Andover requesting a dimensional Variance for relief from the requirements of Section 6,Paragraph 6.6 of the Zoning Bylaw in order to(1) install a 2nd ground sign,and(2)requesting that the 2°d ground sign's area be greater than 100 square feet. Said premise affected is property with frontage on the Northwest side of Osgood Street within the I-2 zoning district. Legal nabc;es were sent to all names on the abutter's list and were published in the Eagle- Tribune,a newspaper of general circulation m the Town of North Andover,on August 21&August 28, 2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III, Richard M.Vaillan court,and Daniel S.Braese. The following non-voting members were present: Richard J.Byers and Thomas D.Ippolito. Upon a motion by Joseph D.LaGrasse,supplemented by Albert P.Manzi,III and 2nd by Richard M. Vaillancourt,the Board voted to GRANT dimensional Variance from Section 6,Paragraph 6.6.G.3 of the Zoning Bylaw for relief of a second(2°d)ground sign and for relief of 20 sqft.in order to install the 2 ' ground sign,the 120 sq.ft.Osgood Landing South Entrance ground sign per. Site: 1600 Osgood Street 34,Parcel 17),North Andover,MA 10845 Site Plan Title: Sign Plan,Assessor's Map 34—Lot 17, 1600 Osgood Street,North Andover, Massachusetts,prepared for 1600 Osgood Street LLC, 1600 Osgood street, North Andover,Massachusetts Date(&Revised Dates): Septernber 11,2006,signed 9/12./06 Registered Professicnal Christopher Francher,P.L.S.#36116,M1W Design Consultants,Inc., 103 Land Surveyor: Stiles Road,Suite One,Salem,New 11ampshire,03079 SheetlDra I of 1,Project No.206606 Page 1 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com f pORTy � TimeStamp Cz*-1 e'4 � 2006 NOV 0 A I 5 4 �RATiO I.Ta 9ssacHus ZONING BOARD OF APPEALS ' '°'� ' ` Community Development Division MASSAC � # Sign Plan Title: Osgood Landing,North Andover,MA,Ozzy Properties,Inc.,3 Dundee Park, Andover,MA 01810, Si 2:Main Entrance Monuments FTFfBlackstone,One Grafton Common,Suite L2,Grafton,MA 01519 Date: 02-18-46 Sheet/Drawing: i of t,Yn.No. S-2 South Entrance] With the following conditions; 1. All signs shall be externally illuminated 2. The applicant shall remove ground signs#1 @lack metal billboard sign to the left of entrance 41,2,5,&7,and as listed in the John Smolak memorandum to Gerald Brown of September 25,2006 and the Huntress Associates Osgood Landing Signage Master Plan,1600 Osgood Street LLC PowerPoint pamphlet illustrating the above along with the temporary portable"sandwich board"tenant signs within six(6)months after the issuance of Variance 2006-029. 3. The temporary real estate banner#6"Now Leasing"shall be removed per requirements of Section 6.6.8.2. [Corrected Gow. Tmnk Qmi onl 4. The applicant shall relocate ground signs#3 Employee Parking,#4 Shipping& Receiving/South Visitor Parking, South Visitor Parking further from the front lot live than the South Entrance ground sign and the Osgood Landing ground sign,as listed in the John Smolak e-mail of September 25,2006 and the Huntress Associates Osgood Landing Signage Master Plan,1600 Osgood Street LLC PowerPoint pamphlet within six(6)months after the issuance of Variance 2006-029. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,K Richard M.Vaillancourt, and Daniel S.Braese. The Board finds that owing to circumstances relating to the shape and topography of Map 34,Parcel 17 and the location of its structures,some structures are' mile from Osgood Street,especially affect this land and its structures but does not affect generally the 1-2 zoning district in which it is located,a literal enforcement of the provisions of Paragraph 6.6.G.3 would involve substantial hardship,financial or otherwise,to 1600 Osgood Street LLC and its tenants. The Board finds that one abutter spoke in favor of the petitions at the September 12a'meeting and wrote a letter of support on September 13,2006. The Board finds that there was no written or spoken opposition The Board finds that the 2,224.62'frontage along State Route 125, the 119,703 acreage of Osgood Landing at 1600 Osgood Street(Map 34 Parcel 17),the multiple tenants and uses at Osgood Landing,and the need for quick entrance choices by Emergency Personnel and visitors are the specific conditions that satisfy the provisions of Section 10,Paragraph 10.4 of the Zoning Bylaw. The Board finds that the removal of 4 existing ground signs,the removal of the temporary portable "sandwich board"tenant signs,and:the relocation of 3 existing directional ground signs per the above September 25 e-mail and PowerPoint Signage Master Plan satisfy the provisions of Section 6.6.G.3 of the Zoning Bylaw and that desirable relief may be granted for a 2"d ground sign of 120 sq.ft.labeling the South Entrance and its tenants without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 bleb www.townofnorthandover.com E µORTy q a O�z(�e o a~�O Jgn �g�rStamp OF. os f 't "i t+ ^006 '3 30 AM I I: H 7 A°'Y�rto�tPy(aJ 9SSACHUS�� ZONING BOARD OF APPEALS NORTH A HD V Community Development Division Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, i V len P.McIntyre,Chaifinan Decision 2006-029.Corrected Cov T'yyi S Omission M34PP7. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com f I&ORTIq q °`< Town clerk Time Stamp - v. F: Att C w_ C� • w A 2006 OCT 26 AM 11: 0 7 �gATfO '� �ssAc►+us�K aRR x 0 ZONING BOARD OF APPEALS U'0RTHX 0' F Community Development Division MASS ACHUS Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 4OA, §17 Proat: 1600 d Street NAME: 1600 Osgood Street LLC,c%Ozzy HEARING(S): September 12& Properties,Inc.,3 Dundee Park, October 10,2006 Andover,MA 01810 ADDRESS: 1600 Osgood Street PETITION: 2006-029. North Andover,MA 01845 TYPING DATE: October 12,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,October 10,2006 at 7:30 PM upon the application of 1600 Osgood Street LLC,c/o Ozzy Properties,Inc.,3 Dundee Park,Andover,MA 01810 for premises at: 1600 Osgood Street(Map 34,Parcel 17),North Andover requesting a dimensional Variance for relief from the requirements of Section 6,Paragraph 6.6 of the Zoning Bylaw in order to(1) install a 2d ground sign,and(2)requesting that the 2d ground sign's area be greater than 100 square feet. Said premise affected is property with frontage on the Northwest side of Osgood Street within the I-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle- Tribune,a newspaper of general circulation in the Town of North Andover,on August 21&August 28, 2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III, Richard M.Vaillancourt,and Daniel S.Braese. The following non-voting members were present: Richard J.Byers and Thomas D. Ippolito. Upon a motion by Joseph D.LaGrasse,supplemented by Albert P.Manzi,and 2°a by Richard M. Vaillancourt,the Board voted to GRANT dimensional Variance from Section 6,Paragraph 6.6.G.3 of the Zoning Bylaw for relief of a second(2nd)ground sign and for relief of 20 sq.ft.in order to install the 2W ground sign,the 120 sq.ft.Osgood Landing South Entrance ground sign per: Site: 1600 Osgood Street 34,Parcel 17),North Andover,MA 10845 Site Plan Title: Sign Plan,Assessor's Map 34—Lot 17, 1600 Osgood Street,North Andover, Massachusetts,prepared for 1600 Osgood Street LLC, 1600 Osgood Street, North Andover,Massachusetts Date(&Revised Dates): September 11,2006,signed 9/12106 Registered Professional Christopher Francher,P.L.S. #36116,MIF Design Consultants,Inc., 103 Land Surveyor: Stiles Road,Suite One,Salem,New Hampshire 03079 Sheet/Drawing: 1 of 1,Project No.206606 Page I of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com pORT/y q o?bet`eO k°•`�DO� r �R'F" ( rTltne Stamp gvaaft IWIF NO ERK'Q 0FFICE ,.b * 2006 OCT 2 AM 11. Q8 7 gDR4hD,,PP �J 9SSACHUS�� a•,$ r, 1 ur ZONING BOARD OF APPEALS NORTH A P;f'0V, Community Development Division MASS t,=,,_ ' Sign Plan Title: Osgood Landing,North Andover,MA,Ozzy Properties,Inc.,3 Dundee Park, Andover,MA 01810, Si 2:Main Entrance Monuments FTFBlackstone,One Grafton Common, Suite L2,Grafton,MA 01519 Date: 02i-18-06 Sheet/Drawing: 1 of 1,Dw .No. S-2[South Entrance With the following conditions: 1. All signs shall be externally illuminated 2. The applicant shall remove ground signs#1 [black metal billboard sign to the left of entrance 41,2,5,&7,and as listed in the John Smolak memorandum to Gerald Brown of September 25,2006 and.the Huntress Associates Osgood Landing Signage Master Plan,1600 Osgood Street LLC PowerPoint pamphlet illustrating the above along with the temporary portable"sandwich board"tenant signs within six(6)months after the issuance of Variance 2006-029. 3. The temporary real estate banner#6"Now Leasing"shall be removed per requirements of Section 6.6.2. 4. The applicant shall relocate ground signs#3 Employee Parking,#4 Shipping& Receiving/South Visitor Parking, South Visitor Parking further from the front lot line than the South Entrance ground sign and the Osgood Landing ground sign,as listed in the John Smolak e-mail of September 25,2006 and the Huntress Associates Osgood Landing Signage Master Plan,1600 Osgood Street LLC PowerPoint pamphlet within six(6)months after the issuance of Variance 2006-029. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrassc,Albert P.Manzi,III,Richard M.Vaillancourt, and Daniel S.Braese. The Board finds that owing to circumstances relating to the shape and topography of Map 34,Parcel 17 and the location of its structures,some structures are'A mile from Osgood Street,especially affect this land and its structures but does not affect generally the I-2 zoning district in which it is located,a literal enforcement of the provisions of Paragraph 6.6.G.3 would involve substantial hardship,financial or otherwise,to 1600 Osgood Street LLC and its tenants. The Board finds that one abutter spoke in favor of the petitions at the September 12th meeting and wrote a letter of support on September 13,2006. The Board finds that there was no written or spoken opposition. The Board finds that the 2,224.62'frontage along State Route 125, the 119.703 acreage of Osgood Landing at 1600 Osgood Street(Map 34 Parcel 17),the multiple tenants and uses at Osgood Landing,and the need for quick entrance choices by Emergency Personnel and visitors are the specific conditions that satisfy the provisions of Section 10,Paragraph 10.4 of the Zoning Bylaw. The Board finds that the removal of 4 existing ground signs,the removal of the temporary portable "sandwich board'tenant signs,and the relocation of 3 existing directional ground signs per the above September 25 e-mail and PowerPoint Signage Master Plan satisfy the provisions of Section 6.6.G.3 of the Zoning Bylaw and that desirable relief may be granted for a 2"d ground sign of 120 sq.ft.labeling the South Entrance and its tenants without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com E �ORTft q O ,6 ti 1° °°cC�Vime Stamp RE s <a. ..�. , 2006 OCT 26 AM 11: 08 4 �SSACHII`?�� ZONING BOARD OF APPEALS SOT z '¢ Community Development Division SASS A PCH 11 T {c Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or constreution has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,C Decision 2006-029. M301'7. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthondover.com Regnante, Sterio & 4sb�� : k&,,- c7' Attorneys at Law 2006 SIV 27 James F. Storio . Theodore Regnante Edgewater Office Park ul Crochiere David J.Gallagher 401 Edgewater Place,Suite 630 f u P' Seth H.H Laura A.Tilaro ilaro m Michael P.Murphy Wakefield,Massachusetts 41880-62 WORTH At!0�� se Jalelian Robert P.Yeaton Telephone 781 246-2525 M A S S A f"t IQ C?4tf1 J.Haverty Theodore Regnante,of Counsel Telecopier(781)246-0202 In Reply Refer to File No. Paul M.Osborne,of Counsel e-mail:tregnante@regnante.com 37098 November 22,2006 VIA EMAIL AND FIRST CLASS MAIL Town of North Andover Planning Department Attn: Lincoln Daley,Town Planner RECEIVED 1600 Osgood Street North Andover,MA 01845 tVl�r��r ,-;,vj.1UVER Re: Juniper Woods Subdivision PLANNING DEPARTMENT Dear Ladies and Gentlemen: As per my oral representation to you last evening,the Applicant hereby agrees to extend the time for action on the Special Permit and Subdivision Approval on the above reference project until Friday,January 26, 2007. It would be appreciated if we would be placed on the Agenda for both the December 5, 2006 and December 18,2006 hearings. Thank you for your cooperation. Very truly yours, REGNANTE TERIO SBORNE LLP By THE OR C. EGNANTE TCR:sgo RECEIVED cc: Peter J. Barbagallo (via email) NOV 2 7 2006 Joseph J. Barbagallo NORTH ANDOVER RE �j�l f� pRARTM1wNT Stephen E. Stapinski (via email) 1 V U Christian C. Huntress, RLA (via email) NOV 2.: Q NORTH ANUOVEP PLANNING DEPARTMENT Regnante, Sterio & Osborne Y , Attorneys at Law T(1 c , � Theodore C. Regnante Edgewater Office Park 3 Pa '4 o� ere James F. Sterio .ri David J. Gallagher 401 Edgewater Place,Suite 630 Seth H.Hochbaum Michael P.Murphy Wakefield,Massachusetts 01880-6210 r q g e Jalelian Robert P.Yeaton fH ve Telephone(781)246-2525 NORTH ;l�rl � �_ m' Theodore Regnante,of Counsel Telecopier(781)246-0202 MAS Ct„4 - a. iW6"K piy I�'efer to File No. Paul M. Osborne,of Counsel e-mail:tregnante@regnante.com 37098 November 22,2006 VIA EMAIL AND FIRST CLASS MAIL Town of North Andover Planning Department Attn: Lincoln Daley, Town Planner 1600 Osgood Street North Andover, MA 01845 Re: Juniper Woods Subdivision Dear Ladies and Gentlemen: As per my oral representation to you last evening, the Applicant hereby agrees to extend the time for action on the Special Permit and Subdivision Approval on the above reference project until Friday,January 26, 2007. It would be appreciated if we would be placed on the Agenda for both the December 5, 2006 and December 18, 2006 hearings. Thank you for your cooperation. Very truly yours, REGNANTE,STERIO O ORNE LLP By THEODORE C. R GNANTE TCR:sgo cc: Peter J. Barbagallo (via email) RECEIVED Joseph J. Barbagallo Stephen E. Stapinski (via email) v 3 0 2006 Christian C. Huntress,RLA (via email) NOk I n uvUOVER PLANNING DEPART f VAORTly q y�O�,<I`ED tdy6'�'O� jy - kTfine Stamp A HUUr s rs ZONING BOARD Of APPEALS '; E Community Development Division Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17. Property at: 1600 Osgood Street uildin 30), NAME: Hughes Entertainment,Inc.,178 HEARING(S): November 14,2006 Lakeshore Drive,Marlborough, MA 01752 ADDRESS: 1600 Osgood Street(Building 30), PETITION: 2006-038 North Andover,MA 01945 TYPING DATE: November 27,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,November 14,2006 at 7:30 PM upon the application of Hughes Entertainment,Inc., 178 Lakeshore Drive,Marlborough,MA 01752,for premises at: 1600 Osgood Street(Map 34,Parcel 17),North Andover requesting a Special Permit from Section 4,Paragraph 4.133.9 and Section 10,Paragraph 10.3 of the Zoning Bylaw in order to operate a laser tag recreational entertainment facility and from Chapter 70 of the Town of North Andover General Bylaws in order to license more than four(4)automatic amusement devices to any individual or business premise. Said premise affected is property with frontage on the West side of Osgood Street within the I-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle Tnbune,a newspaper of general circulation in the Town of North Andover,on October 23&October 30,2006. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R Webster,and Daniel S.Braese. The following non-voting member was present: Thomas D.Ippolito. Upon a motion by Albert P.Manzi,III and Yd by Richard J.Byers the Board voted to GRANT a Special Permit from Section 4,Paragraph 4.133.9 and Section 10,Paragraph 10.3 of the Zoning Bylaw in order to operate a laser tag recreational entertainment facility;and upon a motion by Albert P.Manzi,III and 2nd by Richard J.Byers,the Board voted to GRANT a Special Permit from Chapter 70 of the General Bylaws in order Bylaws in order to license more than four(4)automatic amusement devices to any individual or business premise. per: Site: 1600 Osgood Street(Building 30,Map 34,Parcel 17),North Andover,MA 10845 Site Plan Title: Plot Plan Square Foot Area of Roads&Parking Lots Date(&Revised Dates): 03-15-06 Drawn by- C. Sapienza Sheet/Drawing: FPV-106495 Building Plan.Title: Osgood Landing Lasercraze—16,200 NSF,Bldg. 30,2 Flr. S-E Entry Area By: GSD Associates,LLC, 148 Main Street,Building A,North Andover,MA 01845 Date: 10-05-06 Sheet/Drawing: I Page 1 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web wwwjownofnorthandover.com tyORry `�o a<K``D Eli Time Stamp 0 ~ A p T 0 EV t CIO ocs:wc. # JO 30 All 11: 5 A ec rap �4SSNCHU R ZONING BOARD OF APPEALS 14 0 R'r1, �1=l.0 °. Community Development Division MAS S N C tip' Title: 1600 Street,Andover,MA,Second Floor B}. HDS Architecture,60 Birmingham Parkway,Boston,MA 02135-1116 Date: November 17,2003 Sheet/Drawing Floor Plan Title ELpp2sed Floor Plan Lasercraze, 1600 Street,North Andover,MA By: Nunes Trabucco Architects,315a Chestnut Street,Needham,Massachusetts 02192 Date: 07/Nov./06 Sheet/Drawing: A-1 With the following conditions: 1. The applicant shall maintain any and all licenses required by local,state or federal regulations; 2. The applicant shall submit safety and security plans both within the leased premises and the adjoining parking areas for review by the North Andover Police Department prior to the occupancy permit; 3. The applicant shall provide a list of devices and serial numbers as required by the Licensing Commissioners; 4. The applicant shall request a modification of 2006-038 if there are any changes of tenant operator, maximum occupancy,the required number of required parking spaces which is 75,the square footage of rental area,or the location of the leased premises. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R Webster,and Daniel S.Braese. The Board finds that Hughes Entertainment,Inc.has satisfied:the provisions of Section 4,Paragraph 4.133.9 and Section 10,Paragraph 10.3 of the zoning bylaw and that the Special Permit for operation of a laser tag recreational entertainment facility has been granted. The Board finds that Osgood Landing, 1600 Osgood Street,Building 30, 2'd floor SE corner is an appropriate location for a laser tag recreational entertainment facility and that Recreation Areas are an allowed use in the 1-2 zoning district. This use of the 2d floor's SE corner of Building 30 as developed will not adversely affect the neighborhood since the closest lot line to Building 30 is approximately 500 feet from the front lot line on state Route 125,and that there was no written or spoken opposition. The Board finds that the Lt. John Carney,North Andover Police Department,letter of October 18,2006 states that he had contacted Marlboro and Randolph and both communities'Licensing authorities praised the business relationship with Hughes Entertainment. Also,Joyce Bradshaw,North Andover Town Clerk,wrote October 23,2006 that they have contacted Marlboro and Randolph and received the same positive report. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians since 1600 Osgood Street has existing sidewalks,driveways, lighting,and parking lots with 6,400 parking spaces. The Board finds that the October 19,2006 letter from Lucio Trabucco,Nunes Trabucco Architects,to Gerald Brown,Building Commissioner states that section 8,Paragraph 8.1 (Off-Street Parking)requires 1 space per 4 persons for Auditoriums,theaters....and other places of assembly. Based on 16,200 sq.ft.tenant space with a maximum occupancy of 300,the required number of off-street parking spaces is 75. Plot Plan Square Foot Area of Roads&Parking Lots lists the South Lot parking area as 235,447.5 sq.ft. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web wwwAownofnorthandover.com Time Stamp r 2006 H0V 30 AM -/ iTEb P9� .� �SSACHU`��� H0,R t Ii � -J V�`„ ZONING BOARD OF APPEALS MASS �-��.,���a# , Community Development Division The Board finds that adequate and appropriate facilities will be provided for the proper operation of the laser tag recreational entertainment facility and that the existing lot and Building 30 have municipal water and sewer,power and telephone utilities in place. The applicant states that the Leased Premises shall be hilly sprinidered. The Board finds that the applicant states in the Special Permit application's,Section 9,Written.Documentation,"Moreover,the Applicant will incorporate a maintenance plan to ensure the operation is continuously maintained in a safe and sanitary condition" The Board finds that a laser tag recreational entertainment facility is in harmony with the general purpose and intent of Section 4,Paragraph 133.9 of the Zoning Bylaw and that this use within Building 30 shall not be substantially more detrimental than the existing structure to the neighborhood. The Board finds that the proposed facility could be an additional recreational service to Osgood Landing,and to Town residents. The facility will provide tenancy for a currently vacant portion of Building 30 while providing employment for approximately 30 people and increasing Town tax revenues. Also,the Board finds that the Chapter 70 General Bylaw Special Permit,Exhibit F,List of Automatic Amusement Devices lists the names of the 25 automatic amusement devices to be installed in the 2d floor SE comer of Building X Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance andfor Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant, it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, --�1�m �- M�11—k�� Ellen P.McIntyre,Chair" Decision 2006-038. M3017. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com f �aORTy � P C4 OFFICE WS �r e4 ZQQ6 SEP 14 AM 94 52 O?A cx.ucri�. 1• '� �9SSACHUS�� f a�x�._E 1 vN, Egg ZONING BOARD OF APPEALSNORTH NV ''; Community Development Division MASS A C 1~;;!S Date 1 -2.0 (v Zoning Board of Appeals 1600 Osgood Street North Andover MA 0184S Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a =Variance Special Permit Comprehensive Permit(40B) Finding for property located at: t STREET: ✓ r�`2 t MAP: PARCEL: 1 / TOWN: Aodozlel-z I TO MEETING DATE(S): 16 10, D (4-1 NAME OF PETITIONER: 1660 66 54. �-L�'.�.EAIIIEL� Signed: Z-7� Petitio r or petitioner's representative) � r zuUb 1600 Osgood Street,North Andover,Massachusetts 01845 ryry pp'�q Phone 978.688.9541 Fax 978.688.9542 Web wwwjownofnorthandover.com RECEIVED Received by Town Clerk: TOW t*L Rfi'S OFFICE 2006 MAY -5 Pm 3: 4 I FORM A TOWN OF APPLICATION FOR ENDORSEMENT OF PLAN NORTH AMOCt VEA). BELIEVED NOT TO REQUIRE APPROVAL MASS A HLIS V 4 T To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under and Subdivision Control Law isnot required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way,namely, ©5C�1WD GUL9U1 ( or a private way,namely, being land bounded as follows: NDCL'rAAS aX'( 951 M gb._(T'Q p„���� >✓.l�.sT'rtZ�.`f 'P� a ao� S�"2x"�T Scx� `� 8`°! orl-kul2- �,p,N 2. The division of land shown on the accompanying plan is not a subdivision for the followm reasons: AlJE U NTC: A- y -A• pty© GPra L�. TO T 3. Title reference North Essex Deed,Book $2a3 ;Page 2�2-- ; or Certificate of Title No. ,Registration Book ;Page Ann& ignature: Owner's signature and address if not the ,-z.. applicant: (P e) Applicant's Ad ess: Tel.No. q 7 Received by Town Clerk: r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: t,Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to I To: Applicant: move your cursor-do not Robert Bartley 1600 Osgood Street, LLC/c/o OzzyProperties,Inc use the return a. First Name b.Last Name c.Company key. 3 Dundee Park d. Mailing Address ia6 Andover MA. 01810 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Orit Goldstein 1600 Osgood Street, LLC a. First Name b.Last Name c.Company 3 Dundee Park d. Mailing Address Andover MA. 01810 e. City/Town f.State g.Zip Code 5. Project Location: 1600 Osgood Street North Andover a.Street Address b.City/Town Map 32 Parcels 17, 15 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 8213 272 c. Book d. Pa7e 3/31/06 ,2(b JCQ Y .2r 7. Dates: a.Date Notice of Intent Filed b.Date 6ublic Hearing Closed c.Di6te of tssudnce 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Notice of Intent Plans a. Plan Title Chas. H. Sells, Inc David A. Weber, Professional Land Surveyor b. Prepared By c.Signed and Stamped by 313106 1"=40' Final Revision Date e. Scale f.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid: $ 1,200.00 $ 362.50 $ 837.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc- rev.3/1105 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings T. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c. linear feet d. linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b,square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged %vpaferm5.doc• rev,3!1!05 Page 2 of 9 r Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6, El Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Rlverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c,square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1c. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.Gy nourishmt. d.c/y nourishmt 14. ❑ Coastal Banks a.linear feet b. linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to _ Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1352 " wpafcrm5.doc• rev 311105 Page 4 of 9 Massachusetts Department of Environmental Protection \`< Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservationin s before DEP. Commission shall be a party to all agency proceedings and hearings 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection ��-- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North--A'ndover hereby finds(check one that applies): Conservaion Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. a. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more C. The special conditions relating to municipal ordinance orb law are as follows: space for additional See attached conditions, select box to attach a text document wpaform5 doc• rev.3/1/05 Page 6 of 9 } DEP FILE # 242 - 1352 NARRATIVE &FINDINGS The North Andover Conservation Commission (NACC) finds that current conditions on the site are a direct result of an inadequate and insufficient maintenance program. Maintenance activities have not consistently occurred over the last several years and this filing is intended to permit such activities on a yearly/seasonal basis. Individual maintenance activities proposed are outlined in table 4.1 (attachment B) and attached to this Order. Site plans identifying each resource area and the specific maintenance activities to be performed in those areas were also submitted. The project is being filed as a limited project under 310 CMR 10.53 (3) (I) -Water Dependent. Performance standards were described in detail in the submitted application and the NACC agrees with the applicant that compliance with the performance standards for each affected resource area has been overcome or is not applicable for this particular project. A small portion of the project site falls within estimated habitat associated with the Merrimack River extending along the northwestern project site boundaries. Proposed maintenance activities in this area will be conducted within previously altered or developed areas and the routine maintenance activities are not anticipated to impact estimated habitat. In further support of this finding, the Division of Fisheries & Wildlife Natural Heritage Endangered Species Program (NHESP) "has determined that the project occurs near but not within the actual habitat of state listed rare wildlife species and will have no adverse affect to the actual resource area habitat of rare species'. Two maintenance plans were previously filed and approved by the NACC under DEP file #242-417 and DEP file #242-751. Activities proposed under this filing are consistent with past maintenance plans. The NACC finds that a sound management program is necessary and further encouraged to ensure the future protection of the surrounding wetland resource area systems. Therefore, the North Andover Conservation Commission (hereafter the "NACC')hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations,the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the C:\Winward\OOC\I6000sgoodSt.-maintenance.doc 1 NACC 4/27/2006 DEP FILE #242 - 1352 NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No. 242-1352. 26. The conditions of this decision shall apply to, and be binding upon, the applicant,owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. i C:\Winword\OOC\I6000sgoodSt.-maintenance.doc 2 NACC 4/27/2006 DEP FILE # 242 - 1352 28. The proposed work includes: long term landscaping and maintenance activities to include mowing, pruning,Clea 'ng and sediment removal within stormwater management structures,catch basins, and stream systems,grassland management, maintenance of fence lines,and�poison i and invasive species control within �'3' P Bordering Vegetated Wetlands,Bank, Riverfront and within the buffer zone to these resource areas. All work will occur within previously disturbed areas that have been previously maintained. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: 1600 Osgood Street,LLC (Applicant) C/o Ozzy Properties,Inc. 3 Dundee Park Andover,MA 01810 Entitled "Proposed Long Term Property Maintenance Plan", dated March 31,2006; Prepared by: Epsilon Associates, Inc. 3 Clock Tower Place, Suite 250 Maynard,MA 01754 Huntress Associates, Inc. Chas. H. Sells,Inc. Site Plans prepared by: Chas. H. Sells,Inc 155 Main Dunstable Rd. Suites 120 &125 Nashua,NH 03060 Entitled"Notice of Intent Plans" dated March 31,2006, consisting of a title sheet,sheets 1-9,and a site overview plan. Stamped &Signned by David A Webber, P.L.S. Other Record Documents: Division of Fisheries &Wildlife Natural Heritage Endangered Species Program letter dated April 24,2006. 30. The followingwetland resource areas are affected b the proposed work: Buffer Zone to Y P P a Bordering Vegetated Wetland (BVW), Bank, Riverfront, and BVW. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the approved plans referenced herein and as previously approved' under an Order of Resource Area Delineation(ORAD),DEP File #242-1336. C:\Winword'OOC\I6000sgoodSt.-maintenance.doe 3 NACC4/27/2006 DEP FILE #242 - 1352 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot(25) No-Disturbance Zone and a fifty-foot(50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except in already disturbed locations as shown on the approved plan. The applicant shall make every effort to minimize impacts to the previously disturbed resource areas and the 25' No-disturbance zones.The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors,subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order,agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 36. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land p pro w upon which the proposed work is to be done. In the case of p registered land, the Final Order shall also be noted on the Land Court Certificate of Title C:\Winword\OOC\I6000sgoodSt.-maintenance.doe 4 NACC 4/27/2006 DEP FILE # 242 - 1352 of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1352." 39. Prior to the commencement of any work, the applicant shall permanently mark the edge of the "25' No-Disturbance Zone" or the edge of disturbance with signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are available at the Conservation Office for$2 apiece and are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 40. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer, landscapers, maintenance crews, and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. In addition,the opportunity for future access to the property in order to conduct site inspections by this Department shall be clarified and a protocol established by the property personnel prior to work activities. The Conservation Administrator or its Associate will have the ability to conduct site inspections at anytime deemed necessary. 42. Prior to any work commencing on site,the applicant shall submit to the NACC for approval on a seasonal basis, a detailed maintenance sequence, including but not limited to, a dated timetable of scheduled activities, installation of sedimentation/erosion control devices and cleanup/stabilization methods. C:\Winword\OOC\16000sgoodSt.-maintenance.doc 5 NACC4/27/2006 DEP FILE # 242 - 1352 43. Prior to any work commencing on site,the applicant shall submit to the NACC for review and approval a separate comprehensive long-term Operation & Maintenance Plan. The plan shall reflect similar maintenance activities approved under this Order and shall also include snow management procedures (i.e. designating snow stockpiling areas away from resource areas). The approved plan shall be recorded with this Order to ensure that maintenance activities will be performed in perpetuity even after the expiration of the Order. Further,this Operation &Maintenance plan shall stand on its own and shall function separately from the Operation &Maintenance Plan recorded with the work related to the parking lot and associated stormwater structures at the front portion of the site (DEP file #242-1314). 44. Wetland flagging shall be checked prior to start of activities and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 45. A_ row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion,or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 20 fresh hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence) at any one time. Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. All additional emergency erosion controls shall be on site prior to the commencement of any activities and will be verified by the Conservation Department during the pre-construction meeting. C:\Winword\OOC\16000sgoodSt.-maintenance.doc 6 NACC 4/27/2006 DEP FILE # 242 - 1352 47. The applicant shall designate a professional wetland scientist from Epsilon Associates as the "Erosion Control Monitor". The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. 48. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party, subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days after to the closing of said land transaction. 49. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation and maintenance activities and shall arrange an on-site conference with an NACC representative,the contractor,the landscaper,the environmental monitor and the applicant to ensure that all of the Conditions of this Order are understood and to review and discuss the maintenance schedule for the upcoming seasons. 50. This Order shall be included in all construction contracts, subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice for each pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 51. Maintenance of stormwater management systems shall be conducted in accordance with the approved construction sequence, supporting documents and plans submitted with the Notice of Intent,the Department of Environmental Protection Stormwater Management Policy, and the approved Operation and Maintenance Plan attached herein. C:\Winword\OOC\16000sgoodSt.-maintenance.doc 7 N ACC 4/27/2006 DEP FILE # 242 - 1352 52. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 53. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 54. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas,and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 55. Accepted engineering and Best Management Practices (BMPs) for construction standards/maintenance activities shall be followed in the conduct of all work. 56. Reports shall be submitted to the NACC on a seasonal basis by the Environmental Monitor to ensure that such maintenance activities have occurred and will continue to occur in accordance with this Order. The reports shall also specify any maintenance activities that may not have occurred as approved and the reasons why these activities were not performed or found to be unnecessary. 57. The Environmental Monitor shall be on site to monitor any stream channel cleaning and sediment removal activities to ensure that work is being performed in compliance with this Order. The monitor must visually inspect any sedimentation/erosion control measures and assume responsibility for their maintenance and that they are functioning as intended. In addition,all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 58. The areas where maintenance activities occur shall remain in stable condition at the end of each working day. Any erosion controls shall be in place throughout the duration of activities on site or unless authorized by the Conservation personnel. 59. Mowing activities shall occur to maintain the existing limits of the defined fields and shall occur during the drier months (Late July/August/September) to prevent rutting and after the end of the grassland bird breading season(after July 15 of any given year), so as not to impact the nesting habitat of these species. These maintenance activities shall provide a more valuable open meadow habitat for such species. C:\Winword\o0C\I6000sgoodSt.-maintenance.doc 8 NACC 4/27/2006 DEP FILE # 242 - 1352 60. Extreme care shall be taken when removing invasive species from the site so as-not to further the spread of these species. Such invasives shall be disposed of properly to an off site location. 61. Prior to the removal of any dead or dying trees and limbs or shrubs,the Environmental Monitor and/or the Conservation Department shall determine whether this vegetation provides for specific wildlife habitat value and/or function and shall have the authority to prohibit or limit such removal if such is evident. 62. Prior to the removal of any selective healthy vegetation in and along streams and resource areas,the vegetation should be flagged in the field for review and approval by this department. Any approved removal of non-native species shall be considered for use in creating/maintaining wildlife habitat throughout the project site. 63. Herbicide applications shall be limited and shall be applied with hand-held sprayers only. Only EPA approved herbicides shall be used (e.g. AquaMaster, Rodeo,Accord Round-UP) and the applicant shall ensure that all herbicides are applied in accordance with the MA Pesticide Board regulations and registration authority. Further,herbicide use shall be applied during the fall season in any particular areas that appear to present nesting habitat for bird species to minimize the risk of nest abandonment and additional predation for ground and shrub nesting species. 64. Appropriate permits from The Board of Health,The Division of Fisheries and Wildlife, and the Conservation Department shall be obtained prior to the implementation of any beaver management activity in accordance with the applicable state and local beaver Bylaws and regulations. 65. Upon beginning work, the applicant shall submit written progress reports every week detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 66. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 67. Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be installed at any catch basin/storm drain inlet within 50 feet of maintenance activities that would require temporary stockpiling of soils/sediments. 68. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable,erosion controls are adequate and secure, and that all BMP's are adequately functioning. 69.Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De-watering activities shall be monitored daily by the erosion g � g control monitor to ensure that sediment laden water is appropriately settled prior to C:\Winword'\,OOC\16000sgoodSt.-maintenance.doc 9 NACC 4/27/2006 DEP FILE # 242 - 1352 discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 70. Any fill used in connection with this project shall be clean fill,containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster,wire,lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 71. Sediment removal shall be conducted during low or no flow conditions as to decrease downstream turbidity and to prevent migration of sediments. If necessary,haybale check dams shall be installed immediately downstream from the proposed work. The erosion control monitor shall be on site at all times during such sediment removal activities. 72. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 73. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 74. Equipment shall not be staged overnight within 50-feet of a wetland resource area. 75. There shall be no stockpiling of soil or other materials within twenty-five (25)feet of any resource area. Further, any excavated materials shall be trucked off site and disposed of properly. 76. Washings from concrete trucks, or surplus concrete, shall not be directed to any drainage system, or wetland resource area. 77. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. other suitable means at the site for the storage The applicant shall maintain dumpsters (or ) g and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 78. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of C:\Winw'ord\00C\16000sgoodSt.-maintenance.doc 10 NACC 4/27/2006 DEP FILE # 242 - 1352 wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. (LAFTER:(CONSTRUCTION 79. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 80. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area with exception to the application of a U.S.EPA approved herbicide for the control of poison ivy in those locations approved under this Order and as described in the Notice of Intent. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 81. The approved Operation &Maintenance Plan is fully binding upon the applicant and/or owners, successors, agents,associations,heirs and assigns and must be adhered to in perpetuity. 82. Prior to the issuance of a Certificate of Compliance,the applicant must submit proof of contract to the Conservation Department in the form of a written and signed document from the assignee(s) responsible for conducting the perpetual site maintenance in accordance with the Operation &Maintenance Plan. In addition to this contract,the applicant shall submit an Affidavit from the assignee (s) acknowledging the Operation & Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation &Maintenance Plan and other perpetual conditions mandated in this Order. 83. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 84. Upon approved site stabilization by Conservation staff, any erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 85. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. C:'\.Winword\OOC\16000sgoodSt.-maintenance.doc 11 NACC 4/27/2006 DEP FILE # 242 - 1352 c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s)and documents referenced above,and as conditioned by the Commission. 86. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: y 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition#32); y Discharge or spillage of pollutants (Condition#78); y Maintenance of catch basins; y Maintenance of all culverts,collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system,unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition#54); Y Prohibition of underground fuels (Condition #79); Y Limitations on the use of fertilizers, herbicides and pesticides (Conditions #80). r The attached"Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. C:\Winword\OOC\16000sgoodSt.-maintenance.doc 12 NACC 4/27/2006 DEP FILE # 242 - 1352 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission (NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. s I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20 I inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance; ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property,which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20 (Authorized agent of applicant or owner) C:\Winword\OOC\I6000sgoodSt.-maintenance.doc 13 NACC 4/27/2006 Table 4.1 Proposed Maintenance Activities Wetland Buffer Zone Maintenance Activities Time of Year Resource Anja Maintenance Activities Time of Year serieAtesource Areas Series 1- Cut woody vegetation along fire road and along entire chain 1 X per year in Cut/remove dead or obstructing 1 X per year in BVW/Bank link fence line spring/summer/fall vegetation along stream banks and spring/summer/fall within channel Brush cut fire road with machinery 1 X per year in Remove woody and sediment debris 2X per year,spring/ spring/summer/fall above and below headwall grate summer/fall Repair headwall infrastructure On an as-needed basis Series 2-BVW Mow field 1 X per year/August/Sept./dry Mow field 1X per period year/August/Sept./dry period Series 3-IVW Proposed mowing activities outside 25' No Disturbance Zone 1X per year/August/Septddry No maintenance activities proposed N/A period within wetland resource area,or 25' No- Disturbance Zone Series 4 BVW Mow field 1 X per year/August/Sept tdry Mow field 1 X per year riod August/Sept./dry period Series 5-IVW Maintenance of fence line greater than 75'from the wetland 1X per year in No maintenance activities proposed WA resource area spring/summer/fall within the wetland resource area Series 7-BVW Mow field/removal of dead or obstructing vegetation along top 1 X per year in Cut obstructing and dead or dying 1 X per year in of pond banks spring/summer/fall vegetation along pond banks and bottom spring/summer/fall Sediment removal within detention pond Inspect yearly/remove on as as-needed basis sediment when needed Series 8-BVW Mow grass and remove invasive species 1 X per year in Cut herbaceous vegetation(mostly 1 X per year in (phragmites/bittersweet)in upland areas spring/summer/fall phragmites)along bank sideslopes spring/summer/fall Cut woody vegetation along fence line 1 X per year in Remove woody and mud debris at 2X per year in spring/summer/fall inlet/outlet headwalls spring/summer/fall Herbicide application to control poison ivy 1X per year in Cut obstructive vegetation along channel I X per year in spring/summer/fall bottom and sideslopes spring/5ummer/fall Remove accumulated sediment along 1 X per year in the concrete lined stream bottom summer/fall I Repair headwall infrastructure On an as-needed basis JIMEM -300" mom AM = MMMMMMMAMAN Wetland Buffer Zone Maintenance Activities Time of Year Resource Area Maintenance Activities Time of Year SerfeAesource Areas Series 10-IVW ; Mow field 1 X per year/August/Sept./dry Mow field IX per II period year/August/Sept./dry period IF 1 1-BV4V htow field 1 X per year/August/SeptJdry Cut invasive species along sideslope 1 X per year in iperiod spring/summer/fall i Selectively cut dead or dying and obstructing woody vegetation along 1 X per year in sideslopes and pond bottom spring/summer/fall Series 12-IVW Mow field 1 X per year/August/SeptJdry r Cut invasive species(knotweed)along 1 X per year in period sidesiopes and channel bottom spring/summer/fall Cut woody vegetation along fence line 1 X per year in spring/summer/fall Brush cut wood road along fence line 1 X per year in I spring/summer/fall Herbicide application 1 X per year in spring/summer/fall Series 14-IVW Mow field 1X per year/August/Sept./dry Removal of woody vegetation within 1X per year in I period channel spring/summer/fall Brush clearing along fence line abutting train tracks(outside 1 X per year in 25'No-Disturbance Zone) spring/summer/fall Series 15-B"%' Mow field 1 X per year/August/SeptJdry Mow channel IX per period year/August/Sept./dry period Series 16-BVW/ Mow field 1X per year/August/Sept./dry Mow BVW and channel area in field 1X per Bank(SOUth) period year/August/Sept./dry period Cut woody vegetation along fence line 1 X per year in Remove accumulated sediment at new 1 X per year in spring/summer/fall headwall outlet spring/summer/fall Series 16-BVW Mow field 1 X per year/August/Sept./dry Selectively cut dead or dying woody 1 X per year in (north) period trees and shrubs obstructing channel spring/summer/fall jMechanically/hand remove accumulated 2X per year in woody debris and sediment at bridge spring,'summer/fall crossing upgradient between Series 16 and 17 2 Wetland Buffer Zone Maintenance Activities Time of Year Resource Area Maintenance Activities Time of Year j Serles/Resource Meas Series 16-BVW Remove accumulated debris at stream 2X per year in (nirth)(cont'd) inlet grate located in the most spring/summer/fall j northeastern property comer i Repair headwall infrastructure On an as-needed basis eries 17-BVW Mow field 1 X per year/August/Sept./dry Mechanically remove accumulated 2X per year in period debris at outlet headwall below paved spring/summer/fall path.-crossing Remove woody vegetation from detention pond,excavate 1 X per year in Repair headwall infrastructure On an as-needed basis accumulated sediment spring/summer/fall for vegetation removal;sediment removal as needed for detention pond Series 19- i Remove woody vegetation by hand along fence line 1 X per year in Remove woody vegetation by hand 1 X per year/early BVW/Bank/RFA spring/summer/fall along fence line summer/fall IMechanically brush cut wood road along fence line 1 X per year in spring/summer/fall Herbicide application 1 X per year in spring/ summer/fall Series 20.Bank Mow field 1 X per year in Remove invasive species(knotweed) 1 X per year in spring/summer/fall along top of bank and sideslopes spring/summer/fall Cut woody vegetation along fence line 1 X per year in Remove accumulated sediment and 1 X per year in spring/summer/fall obstructing vegetation from concrete spring/summer/fall lined bottom and sideslopes Ii Herbicide application 1 X per year in i spring/summer/fall 3 C , Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1352 WkAj Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 7 2 condition pursuant to General Conditions#4, from the date of issuance. t.Date df Issualfice Please indicate the number of members who will sign this form: _V This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand Yed at the same time to the appropriate Department of Environmental Protection Regi 10 ice, if not filing electronically, and the property owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this a � of Month Year Day I Before me,the undersigned Notary Public, .S'co�f' a SE- personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission Cityrrown :DONNA M.WEDGE Signature of Notary Public r�ARY PueucNWEALTNOFMASSACHUSETTSmm.Expires Aug.7,2009 Printed Name of Notary Public N a-' Place nota ryseal and/or any stamp aboveCommissionMy l /pires (Date) This Order is issued to the applicant as follows: ❑ by hand delivery on Ef by certified mail, return receipt requested,on Date Date Page 7 of 9 wpafcrm5.doc• rev.3/1105 " M Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection ��— Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1352 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1352 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wp9form5.doc- rev.311!05 Page 9 of 9 a Order of Resource Area Delineation 1600 Osgood Street Former Lucent Technologies Site Additional Findings: The NACC and the NACC's consultant substantially agrees with the applicant's finding that only 2 perennial streams were identified adjacent to the property (a portion of stream 4 and the Merrimack River) and thus subject to the Rivers Protection Act under the Wetlands Protection Act(WPA) and the North Andover Wetlands Bylaw. The remaining streams on the site(1,2, & 3)were identified and confirmed to be intermittent. The previously identified Bordering Land Subject to Flooding (BLSF) elevation(elev. 31.21/30.21 NAVD88) noted in the ANRAD application and original plan submission are not approved under this filing. The applicants representative requested to withdraw their request confirming this resource area. It is understood that a separate request to approve the limits of BLSF will be filed at a later date. The NACC's consultant confirmed that the fenced in area west of wetland series #15 (detention pond)was not a jurisdictional resource area under the WPA and the local Bylaw. It should be further noted that the NACC's consultant identified several Isolated Vegetated Wetland (IVVv') resource areas (specifically wetland series 3, 5, 10, 12, 14, &18)which could and may be federally jurisdictional. As such, the applicant shall duly submit all associated permits, if necessary,with the Army Corps of Engineers to determine jurisdiction of any federally regulated resource areas. Any findings issued by the Army Corps of Engineers shall be submitted to the NACC upon issuance. Record Documents: ➢ Abbreviated Notice of Resource Area Delineation Report, dated August 12, 2005, entitled "Abbreviated Notice of Resource Area Delineation Former Lucent Technologies Site- 1600 Osgood Street, Map 34, Parcel 17". Prepared by Epsilon Associates, Inc. In Association with: Huntress Associates, Inc. &Chas. H. Sells, Inc.; ➢ Plan entitled "Abbreviated Notice of Resource Area Delineation Plan", consisting of sheep 1-9. Prepared by Chas H. Sells, Inc. dated August 8, 2005,revised 9/30/05. Stamped& signed by David Webber, P.L.S.; ➢ Additional Plan Sheet entitled "Site Overview", dated August 8, 2005, revised 9/30/05. Stamped &Signed by David Webber, P.L.S.; ➢ Epsilon Letter dated October 5,2005; ➢ Seekamp Environmental Consulting Letter dated October 11, 2005; ➢ Resource Area Table (see attached). ORAD, 1600 Osgood Street Wetland Series State Local Non- Judsdictional Jurisdictional Jurisdictional Series 1 -BVW/ Bank/Intermittent Stream X X Series 2-BVW/Bank X X Series 3- IVW X Series 4- BVW/ Bank/Intermittent Stream X X Series 5- IVW X Series 6-IVW X Series 7- BVW X_ X Series 8-BVW/Bank/Intermittent Stream X X Series 9 - BVW X Series 10- IVW (Reduced in size to 3,177 X s.f.) Series 11 - BVW/ Bank/Intermittent Stream X X Series 12- IVW X Series 13-IVW (under 1,000 s.f.) X Series 14- IVW X Series 15-BVW/Bank/Intermittent Stream X X Series 16-BVW/Bank/Intermittent Stream X X Series 17-BVW/ Bank/Intermittent Stream X X Series 18- IVW (under 1,000 s.f.) X Series 19-BVW/Bank/intermittent Stream X X Detention Basin-West of Series 15 X Riverfront Area X X Newly Flagged Areas WF A 1-A4-(under 1,000 s.f) X Bank Resource Area (western property X X boundary, concrete lined channels) Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1336 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DSP A. General Information Important: North Andover When filling out From: 1.Conservation Commission forms on the computer tab key 2. This Issuance is for(check one): only to move your cursor-do not a. Order of Resource Area Delineation Only use the return key. b. ❑ Order of Resource Area Delineation Subject to Simplified Review i. ❑ Not Subject to Stormwater Policy 2. ❑ Subject to Stormwater Policy c. ❑ Amended Order of Resource Area Delineation Note: Before 3. To: Applicant: completing this form consult Orit Goldstein 1600 Osgood Street, LLC c/o Ozzy Prop. your local a. First Name b.Last Name c.Company Conservation Commission 3 Dundee Park regarding any d.Mailing Address municipal bylaw Andover MA. 01810 or ordinance. e.Cityrrown f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 1600 Osgood Street North Andover a.Street Address b.Citylrown Map 34 Parcel 17 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude (note: electronic filers will click for GIS locator): e.Latitude f.Longitude 8/12/05 10/12/05 10/19/05 6. Dates: a.Date Notice of Intent filed b.Date Public Hearing Closed c.Date of Issuance 7. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Abbreviated Notice of Resource Area Delineation Plan, sheets 1-9 8/8/05, revised a.Title 9/30/05 See attached For Additional Documents. c.Title d.Date wpaform4b.doc•rev.06/13/05 Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form Q — Order of Resource Area Delineation 242-1336 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Order of Delineation 1. The Conservation Commission has determined the following (check whichever is applicable): a. ® 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): 1. ® Bordering Vegetated Wetlands 2. Z Other Resource Area(s),specifically: Riverfront Area, Isolated Vegetated Wetlands(Local/Federal Jurisdiction only), Non- Jurisdictional Isolated Vegetated Wetlands and Associated Buffer Zones including the 100', the 50' No-Construction Zone(Local),and 25' No-Disturbance Zone(Local). -Refer to attached Table and Additional Findings. b. ❑ 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): 1. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: c. ❑ 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): i. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: 3. The boundaries were determined to be inaccurate because: wpaform4b.doc-rev.06/13/05 Page 2 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File"umber: WPA Form 4B — Order of Resource Area Delineation 242-1336 t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review Work within the Buffer Zone pursuant to the Simplified Review(310 CMR 10.02) requires that you must comply with the following conditions. If your project does not meet these requirements, you are required to either file a Determination of Applicability or Notice of Intent or take other corrective measures as directed by the Conservation Commission. Simplified Review Conditions: Work conducted under Simplified Review requires the following: 1. No work of any kind shall occur within any wetland resource areas including Riverfronf Area and Bordering Land Subject to Flooding. 2. The inner 0-to-50-foot wide area from the delineated wetland boundary that has a Buffer Zone shall not be disturbed by any work associated with this project, including placement of any stormwater management components. 3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water(e.g., certified vernal pool, public water supply reservoir or tributary), as defined in 314 CMR 4.00 or border coastal resource areas at 310 CMR 10.25-10.35. 4. No work shall occur in the Buffer Zone adjacent to wetland resources with estimated wildlife habitat(which is identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife). 5. Erosion and Sedimentation controls shall be installed and maintained at the 50-foot Buffer Zone line or limit of work(whichever is a greater distance from the resource area)to protect resource areas during construction. 6. If the project is subject to the Massachusetts Stormwater Policy, all work shall be conducted in conformance with an approved Stormwater Management Plan. 7. The Buffer Zone does not contain a slope greater than an average of 15%at its steepest gradient across the 100-foot Buffer Zone. 8. The amount of new impervious surface,in combination with existing impervious surfaces, shall not exceed 40%of the Buffer Zone between 50 and 100 feet. 9. No work is allowed, and no additional NOI or RDA shall be filed,for any work within the 0-to-50- foot Buffer Zone during the three-year term of an Order associated with this application. 10. Prior to any work being undertaken pursuant to this Order, the wetland resource boundary shall be flagged; all boundary delineation flagging should be maintained for the term of the Order. 11. If stormwater management structures are proposed in the Buffer Zone, the stormwater management structures shall be maintained as required in the Stormwater Plan. Such maintenance constitutes an ongoing condition and is not subject to further permitting requirements. 12. If this ORAD involves work as part of a Simplified Review, the ORAD shall be recorded at the Registry of Deeds prior to the commencement of work per the requirements of Section F. 13. Prior to proceeding with any work under Simplified Review, applicants are required to provide written notice to the Commission one week prior to commencing any work. 14. If work authorized under Simplified Review is commenced, no work is allowed, and no additional NOI or RDA may be filed,for any work within the 0-to-50-foot buffer zone during the term of an ORAD associated with this application. If work authorized under Simplified Review is not commenced, then future NOls or RDAs may be filed for work within the 0-to-50-foot portion of the buffer zone. --End of Conditions-- wpafcrm4b.d0c•rev.06/13/05 Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1336 L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided.by DEP C. Simplified Buffer Zone Review (cont.) Stormwater Applicability 1. ❑ The project is not subject to the Stormwater Policy. 2. ❑ The project is subject to the Stormwater Policy and the Stormwater Plan included for the project complies with all stormwater standards. Ineligibility Determinations Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a Request for Determination of Applicability or Notice of Intent prior to any work because: 3. ❑ Work is within the Buffer Zone of a Coastal Resource Area as defined at 310 CMR 10.25- 10.35. 4. ❑ The Buffer Zone contains existing slopes greater than an average of 15%. 5. ❑ Buffer Zone contains estimated rare wildlife habitat.' 6. ❑ The site borders an Outstanding Resource Water.2 Stormwater 7. ❑ The project is subject to the Stormwater Policy and the applicant has not submitted sufficient information to demonstrate compliance with the Stormwater Management Policy. Prior to any work, the applicant must submit plans showing compliance with the standards in the Stormwater Policy, the location of the work, the amount of impervious surface, and the location of erosion controls, to the Commission for its concurrence. (See instructions to ANRAD Form 4A.)The following necessary stormwater information was not submitted by the applicant: a. s. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or more of the stormwater standards(specify which standard(s) not met). a.Standard# b.Standard# 9. ❑ Impervious surface exceeds 40% of the area of the Buffer Zone between 50 and 100 feet from the resource area. lo. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls located at the limit of work or at Ieast.50 feet from any resource areas,whichever will be greater. i i. ❑ Work is proposed within 50 feet of a resource area. Notice to Commission Any applicant proposing to proceed under Simplified Buffer Zone Review, as specified in 310 CMR 10.02, must provide written notice to the Commission one week prior to any work. ' Identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife of the Natural Heritage and Endangered Species Program. 2 Certified Vernal Pools, public water supplies, or inland ACECs as identified in 314 CMR 4.00. wpaform4b.doc•rev.06/13/05 Page 4 of 7 Massachusetts Department of Environmental Protection DEP File Number: L7� -1 Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1336 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Findings This Order of Resource Area Delineation determines that the Stormwater Plan, if applicable, and the boundaries of those resource areas noted above, have been delineated and approved by the Commission and are 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). 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. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review for a Buffer Zone project, the applicant has certified that any work associated with the proposed project meets all eligibility requirements for Simplified Review listed in Section C of this Order.. Any work that does not comply with the Simplified Review requirements will require a Notice of Intent or Request for Determination of Applicability. The applicant is responsible for promptly requesting a Certificate of Compliance following completion of any work allowed pursuant to a Simplified Review or no later than three years from the date of the Order of Resource Area Delineation unless the Order is extended. Failure to comply with the conditions of this Order is grounds for the Conservation Commission or the Department to take enforcement action. This Order must be signed by a majority of the Conservation Commission. The Order must be sent by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate DEP Regional Office. E. Appeals The applicant,the owner,any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Resource Area Delineation.When requested to issue a Superseding Order of Resource Area Delineation,the Department's review is limited to the objections to the resource area delineation(s)stated in the appeal request.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed 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.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L c. 131,§40)and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal 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.06/13/05 Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number: LF1 Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1336 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP F. Signatures and Notary Acknowledgement Please indicat th b of embers who will sign this form: 1.Number of Signers Signatur of Copse on o , is 'on Member Sign of nservation Cmmissio ember Signaure Con ery i o ssion Member Signat o rvation Com scion Member A SignatutJ9647rvaodt mission Member Signature of Conservation Commission Member dV Signat re of Conservation Commission Member This Order is valid for three years from the date of issuance. This Order is issued to the applicant and the property owner(if different)as follows: ❑ by hand delivery on [ by certified mail, return receipt requested on 0 i9oles— Date Date Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this I�IL 41 of V C4 q Ra' c®5 Day Month i Year Before me, the undersigned Notary Public, GOT' mc*Ssz- personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town DONM M.AGE ignature of Notary Public PUBLIC ooMMO � t MASSACHUSEM My Comm ExphwAug 7 2009 Printed Name of Notary Public Place notary sea above i l�7 0 0'/ My Commission Efpires(Date) This Order is issued to the applicant as Tollows: wpaform4b.doc•rev.06/13/05 Page 6 of 7 L11Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1336 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP G. Recording Information If this Order is issued for purposes of Resource Area Delineation only, this Order should NOT be recorded. If this Order of Resource Area Delineation is issued as part of a Simplified Review, this Order must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chair, of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 6 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1336 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform4b.doc•rev.06/13/05 Page 7 of 7 Massachusetts Department of Environmental Protection Bureau,of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby DevensHudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Douglas Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dudley Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer Dunstable Leicester North Brookfield Spencer West Brookfield Barre East Brookfield Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Fitchburg Littleton Oxford Stow Westminster Berlin Gardner Lunenburg Paxton Sturbridge Winchendon Blackstone Grafton Marlborough Pepperell Sutton Worcester Bolton Groton Maynard Petersham Templeton Boxborough Harvard Medway Phillipston Townsend Boylston Hardwick Mendon Princeton Tyngsborough Brookfield Holden Milford Royalston Upton Hopedale DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gosnold Middleborough Raynham Truro Aquinnah Dighton Halifax Nantucket Rehoboth Wareham Lakeville,MA 02347 Attleboro Ouxbury Hanover New Bedford Rochester Wellfleet Phone:508-946-2700 Avon Eastham Hanson North Attleborough Rockland West Bridgewater Fax:508-947-6557 Barnstable East Bridgewater Harwich Norton Sandwich Westport Berkley Easton Kingston Norwell Scituate West Tisbury TDD:508-946-2795 Bourne Edgartown Lakeville Oak Bluffs Seekonk Whitman Brewster Fairhaven Mansfield Orleans Sharon Wrentham Bridgewater Fall River Marion Pembroke Somerset Yarmouth Brockton Falmouth Marshfield Plainville Stoughton Carver Foxborough Mashpee Plymouth Swansea Chatham Franklin Plympton Taunton Chilmark DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield One Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform4b.doc•rev.11/22/00 Page tof 1 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code r� Phone Number Fax Number(if applicable) Project Location Mailing Address City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address 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$100.00(single family house projects)or$200(all other projects), payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 Wpaform4b.doc•rev.10/04 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office. 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•rev.10104 Page 2 of 2 ,��:•4+`'° ;•'�'�� Town of North Andover Office of the Planning Department -REM s JOYCE BRAD"AW` Community Development and Services Di0LE s'TCHWU�``y 400 Osgood Street 't North Andover,Massachusetts 01845 Lincoln Daley hu://www.townofnorthandover.COM Town Planner P (978)688-9535 F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Clerk. Date: July 22,2005 Date of Hearings: June 7-July 5, 2005 Petition of: Ozzy Properties,Three Dundee Park,Andover,MA 01810 Premises Affected: 1600 Osgood Street,North Andover,MA 01845 Map 34, Parcel 17 (formerly Lucent building) Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, & Section 8.3, 10.3, of the North Andover Zoning Bylaw for a Site Plan Review Special Permit so as to allow for the construction of a new 410+/- space parking lot, entry plaza, walkways, site lighting and landscape improvements to the East side of Buildings 20& 21 at 1600 Osgood Street,North Andover,MA. Property is located within the I-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 Alberto Angles, 2"d by James Phinney, that the plan will be done per the satisfaction of the Planning Board with language as amended vote was unanimous 4-0. Sign Lincoln Daley, TdQn Planner cc: Applicant Engineer Richard Nardella, Chairman Abutters John Simons, Vice Chair Town Departments James Phinney, Clerk Alberto Angles BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Site Plan Review-Special Permit Map 34,Lot 17 1600 Osgood Street July 19,2005 The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 410-space parking lot, associated walkways, site lighting, and landscaping and new entry plaza to service the existing buildings located at 1600 Osgood Street. The site improvements will be constructed east of buildings 20 and 21 and is located within the Industrial-2 (I2) Zone on Assessors Map 34, Lot 17. This Special Permit was requested by 1600 Osgood Street LLC, c/o Ozzy Properties, Inc. Three Dundee Park, Andover, MA 01810. This application was filed with the Planning Board on May 6, 2005. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The 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 involving the construction of a 410- space parking lot, associated walkways, site lighting, and landscaping and new entry plaza to service the buildings 20 and 21. The site is zoned Industrial-2 and contains over 2.0 million square feet of office,manufacturing and warehouse space. The proposed parking lot satisfies the 50' setback for open space and provides significantly enhanced landscape buffer from Route 125; 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided along the frontage of Osgood Street. The landscaping has been placed so as to enhance the appearance along the frontage of Osgood Street and in accordance wit the landscaping and site plans referenced in Condition#til. All plantings and screening depicted on the approved plans referenced herein, shall remain in perpetuity over the life of the project. a. Shade Trees: There will be 37 Little Leaf Linden trees 2.5" 3" in caliper, 5 Sugar Maple Trees 2.5" — 3" in caliper, 15 Red Maple trees 2.5" - 3" in caliper, as well as Bradford Pear trees 2.5"-3 b. Ornamental Trees: There will be 4 Eastern Redbud Trees 8'-10' in height, 11 Flowering Dogwood trees 8'-10' in height, 10 Shadblow trees 8'-10' in height, 16 clump Heritage River Birch trees 10'-12' in height, as well as 30 Sargent Cherry trees 6'-7' in height. c. Conifers: There will be 14 Colorado Blue Spruce trees 6'-7' in caliper and 5 Austrian Pine trees 6'-7' in caliper. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that the proposed improvements will not increase traffic flow or volumes, will improve on-site circulation, and provide for enhanced pedestrian connections throughout the P property; 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 as Page 2 of 7 Site Plan Review- Special Permit Map 34,Lot 17 1600 Osgood Street July 19,2005 amended by the Planning Board, of the North Andover Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements and has been reviewed and approved by the Outside Consulting Engineer, Vanasse, Hangen Brustlin, Inc; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw except for any waivers granted in Condition 18; 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project includes the construction of a stormwater detention pond and grading sufficient to hold the increase in runoff resulting from the new impervious surface. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Environmental Monitor: The applicant shall designate an independent environmental monitor who shall be chosen in consultant with the Planning Department. 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. Construction Monitor: The applicant shall designate an independent construction monitor who shall be chosen in consultant 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. The designated monitor may not be the applicant and/or developer. 3. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a. The final plan must be reviewed and approved by the DPW and the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. b. A bond in the amount of$3,000.00 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 Page 3 of 7 Site Plan Review-Special Permit Map 34,Lot 17 1600 Osgood Street July 19,2005 spaces, topography, and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The form of security must be acceptable to the Planning Board. c. If applicable, the applicant must supply a copy of the approved.Massachusetts Highway Department permits necessary for construction of the site to the Planning Department. 4. Prior to the start of construction: a. A construction schedule shall be submitted to the Town Planner for the purpose of tracking the construction and informing the public of anticipated activities on the site. b. During construction,the site must be kept clean and swept regularly. 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. The applicant shall provide the Planning Board with copies of permits, plans and decisions received from all other town boards,commissions or departments. In addition to receipt of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans referenced in Condition#21. 5. Prior to FORM U verification(Building Permit Issuance): a. The Planning Board must endorse the final site plan mylars and three (3) copies of the signed plans must be delivered to the Planning Department. b. One certified copy of the recorded decision must be submitted to the Planning Department. 6. Prior to verification of the Certificate of Occupancy: a. The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with theplans referenced at the end of this decision as endorsed by the Planning Board. b. The Town Planner 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 Page 4 of 7 Site Plan Review-Special Permit Map 34,Lot 17 1600 Osgood Street July 19,2005 such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Town Planner shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Town Planner 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. Any revisions to the approved signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be approved by the Building Department. All additional permits must be obtained by the applicant prior to construction. 7. Prior to the final release of security: a. The Town Planner shall review the site. Any screening as may be reasonably required by the Town Planner will be added at the applicant's expense. Specifically after the detention pond is completed, the Town Planner will review the site and any screening as may be reasonably required by the Town Planner will be added at the applicant's expense. b. A final as-built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Town Planner and the Division of Public Works. 8. Any stockpiling of materials(dirt,wood, construction material,etc.)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 any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must be fenced off and covered. 9. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 10. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday and Sunday. 11. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner (by order of the Planning Board all plants, trees or shrubs must be maintained in perpetuity). The replacement plants shall match the size and species as indicated and approved in Paragraph#2, in the Findings of Fact made as a part of this decision. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. Page 5 of 7 Site Plan Review-Special Permit Map 34,Lot 17 1600 Osgood Street July 19,2005 13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 14. No open burning shall be done except as is permitted during burning season under the Fire Department regulations, 15. 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. 16. All snow storage is to be removed from the site and no snow shall be dumped into the detention basin or adjacent to the wetland. All snow storage that is stockpiled,temporarily shall be located in the temporary snow stockpile areas denoted on the plan. Snow storage shall not result in the loss of parking spaces except during prompt removal operations. 17. 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. 18. The project will be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings. Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 19. This Special Permit approval shall be deemed to have lapsed after July 19,2007 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 20. The following waivers from the Section 8.3.5.e of the North Andover Bylaw have been GRANTED by the Planning Board: a. A waiver to Section 8.3.5.e.vi has been granted so as to allow the applicant not to provide a table showing the zoning information,parking, and setbacks. b. A waiver to Section 8.3.5.e.ix has been granted so as to allow the applicant not to require a drawing of the exterior of the buildings as the buildings already exists. c. A waiver to Section 8.3.5.e.x has been granted so as to allow the applicant not to show all existing and proposed parking on plans due to the relative size of the site and limits of the proposed parking. d. A waiver to Section 8.3.5.e.xii has been granted so as to allow the applicant not to provide a fiscal impact study, as the buildings already exist. Page 6 of 7 Site Plan Review- Special Permit Map 34,Lot 17 1600 Osgood Street July 19,2005 e. A waiver to Section 8.3.5.e.xiii has been granted so as to allow the applicant not to provide a community impact analysis, as the buildings already exist. f. A waiver to Section 8.3.5.e.xix has been granted so as to allow the applicant not to provide a traffic study. The resulting construction will not increase the historic traffic flow or volumes as the parking is being provided to service existing buildings. 21. The following information shall be deemed part of the decision: Plan Titled: Preliminary Parking Lot Plans For Buildings 20&21 1600 Osgood Commerce Center Prepared for: 1600 Osgood Street LLC,Three Dundee Park,Andover,MA 01820 Prepared By: Huntress Associates, Inc., 17 Tewksbury Street,Andover, MA 01810 Marchionda& Associates, LP, 62 Montvale Avenue, Suite One, Stoneham,MA 02180. Scale: 1"=40' Sheets: 1-3,L-1 through L3. Date: May 4,2005 Plan Titled: Delineated Wetlands and Riverfront Areas (Aerial Photography) Prepared for: 1600 Osgood Street LLC,Three Dundee Park,Andover,MA 01820 Prepared By: Epsilon Associates,Inc., 150 Main Street, Maynard,MA 01754. Scale: 1"=400' Date: September 9,2004 Report Titled: Drainage Report for 1600 Osgood Commerce Center Building 20&21 Parking Lot Dated: May 20,2005. Prepared By: Marchionda& Associates, LP, 62 Montvale Avenue, Suite One, Stoneham, MA 02180. Page 7 of 7 [ 7 Massachusetts Department of Environmental Protection i Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1314 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Ori+ Goldstein 1600 Osgood Street, LLC. use the return a. First Name b.Last Name c.Company key. Three Dundee Park d.Mailing Address Andover MA. 01810 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 1600 Osgood Street North Andover a.Street Address b.Cityfrown Map 32 Parcel 17 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f. Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 8213 272 c.Book d.Pa e 7. Dates: 5/26/05 7�i 9�O S a.Date Notice of Intent Filed b.Date earing Closed c.Date ofIsstlance s. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Notice of Intent Building 20&21 Parking Lot Site Plan 1- 6 a. Plan Title Marchionda &Associates, iL,? Matthew A. Leidner, P. E. b. Pre/ared By 1.Signed Stamped by d. Final Rbvision Date e." 3 Scale f.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid: $ 800.00 237.50 $562.50 a.Total Fee Paid b.State Fee Paid c.Cityrrown Fee Paid wpaform5.doc- rev.3/1/05 Page 1 of 9 r Y Massachusetts Department of Environmental Protection i Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1314 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings i. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. Private Water Supply e. f. ® Protection of Wildlife ® pp y ❑ Fisheries Habitat g. ® Groundwater Supply h. Z Storm Damage Prevention i. Flood Control 2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 4. [] Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3/1/05 Page 2 of 9 t Y Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - order of Conditions 242-1314 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 10. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.cty nourishmt. d.cty nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.Gy nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. [-1 Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3/1/05 Page 3 of 9 T Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1314 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed,.or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] I "File Number 242-1314 " wpaform5.doe- rev.3/1105 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1314 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc- rev.3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1314 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. a. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,the conditions shall control. If you need more c. The special conditions relating to municipal ordinance orb law are as follows: space for additional See attached conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 6 of 9 r DEP FILE #242 - 1314 Therefore, the North Andover Conservation Commission(hereafter the"NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information,measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37)of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. C:\Winword\OOC\16000sgoodSt.doc 1 NACC 7/19/2005 r DEP FILE #242 - 1314 24. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No.242-1314. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: The construction of a new 18-inch drain line and reconstruction of an existing headwall to accommodate stormwater discharges within the buffer zone to a BVW associated with an intermittent stream. The stormwater structures are associated with a 190,000 s.f. parking lot(to accommodate 410 parking spaces) proposed to be constructed outside of the 100-foot buffer zone,in an area currently maintained as manicured lawn in front of the former Lucent Technology facility. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Orit Goldstein(Applicant) 1600 Osgood Street, LLC c/o Ozzy Properties,Inc. 3 Dundee Park Andover,MA 01810 Notice of Intent prepared by: Epsilon Associates, Inc. 3 Clock Tower Place,Suite 250 Maynard, MA 01754 Entitled"Proposed Parking Lot and Drainage Improvements,1600 Osgood Street", dated May 26, 2005. Site Plans prepared by: Marchionda& Associates,L.P. 62 Montvale Avenue,Suite 1 Stoneham,MA 02180 C:\Winword\OOC\16000sgoodSt.doc 2 NACC 7/19/2005 DEP FILE#242 - 1314 Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810 Plans Entitled: Sheet 1 -"Notice of Intent Building 20 &21 Parking Lot Overall Site Plan", dated May 2005 Sheet 2-"Notice of Intent Building 20&21 Parking Lot Site Plan",dated May 2005,revised 6/28/05; Sheet 3 -"Notice of Intent Building 20 &21 Parking Lot Site Plan", dated May 2005, last revised 6/30/05; Sheet 4- "Notice of Intent Building 20 &21 Parking Lot Site Plan", dated May 2005,last revised 6/28/05; Sheet 5 - "Notice of Intent Building 20 &21 Parking Lot Detail Sheet", dated May 2005,last revised 6/30/05; Sheet 6 - "Notice of Intent Building 20 &21 Parking Lot Detail Sheet dated May 2005. Plans Signed&Stampedby Matthew A. Leidner,P.E. Operation&Maintenance Plan prepared by: Epsilon Associates,Inc. 3 Clock Tower Place,Suite 250 Maynard,MA 01754 Entitled"Operation and Maintenance Plan", Revised 6/28/05. Other Record Documents: Drainage Report Prepared by Marchionda &associates, L.P., Entitled"Drainage Report for 1600 Osgood Commerce Center Building 20&21 Parking Lot", dated May 20, 2005 with revisions through June 23,2005. Accompanying Drainage Analysis plans entitled "Existing Conditions" &"Proposed Conditions", dated May 20,2005. Stamped&Signed by Matthew A. Leidner, P.E.; Review Letter from Seekamp Environmental Consulting, Inc. dated June 21, 2005; Response Review Letter from Epsilon Associates,Inc. dated June 23, 2005; Stormwater Management Review Letter prepared by Eggleston Environmental, dated June 24,2005; C:\Winword\00C\16000sgoodSt.doc 3 NACC 7/19/2005 DEP FILE #242 - 1314 Stormwater Management Review Response Letter prepared by Marchionda & Associates,L.P., dated June 28, 2005; Stormwater Management Review Letter prepared by Eggleston Environmental, dated June 29, 2005; Stormwater Management Review Response Letter prepared by Marchionda&Associates, L.P., dated June 30, 2005; Stormwater Management Review Letter prepared by Eggleston Environmental, dated July 5, 2005; 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to, Bank,Land Under Water (LUW),and Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 52. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(25')No-Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except in those areas as depicted on the approved plan referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors,and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34.The NACC finds the applicant's proposal for proposed buffer zone restoration/mitigation to be adequate for the temporary impacts proposed within the 25-foot no-disturbance zone as approved and specified in section 8 of the Notice of Intent referenced herein and as modified by Seekamp Environmental Consulting(refer to Seekamp Letter dated June 21,2005-Buffer Zone Restoration). CAWinword\00C\16000sgoodSt.doc 4 NACC 7/19/2005 DEP FILE #242 - 1314 35. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 36. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words"Massachusetts DEP,File Number 242-1314." 40. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes.The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall C:\Winword\OOC\16000sgoodSt.doc 5 NACC 7/19/2005 DEP FILE #242 - 1314 be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner,and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re- vegetation to be completed before other work begins on-site. 43. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery,storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 44. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion,or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. 45. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. C:\Winword\OOC\16000sgoodSt.doc 6 NACC 7/19/2005 DEP FILE#242 - 1314 46. A check payable to the Town of North Andover shall be provided in the amount of $3,000,which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof,shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACCs review and approval. This condition is issued under the authority of the local Bylaw. 47. The applicant shall designate a Professional Wetland Scientist as the project's "Erosion Control Monitor" (ECM) to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This professional must submit a letter on company letterhead stating they have been retained as the project's Erosion Control Monitor. The designated Erosion Control Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes. The ECM will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. Further,the ECM shall carefully monitor the condition of the resource areas,headwall, and existing drainage system,particularly existing catch basins near or within the , construction area to ensure that all erosion controls are properly functioning during construction. All catch basins potentially affected by construction of the parking lot and the drainage system shall be clearly identified and maintained with erosion controls throughout construction. 48. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occurs on-site and for as long thereafter as ground remains unstable, it is the applicant's responsibility that the Environmental/Erosion Control Monitor (EMC) monitor the site and submit written reports to the NACC.The EMC shall certify that,to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EMC must visually inspect all sedimentation / erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually p Y inspected for siltation, turbidity, and/or other water quality impacts. The reports shall also include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and / or replacement; and describe any erosion or sedimentation problems and mitigation measures implemented.Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports.This request must be submitted in writing and is subject to approval by the Conservation Administrator. C:\Winword\OOC\16000sgoodSt.doc 7 NACC 7/19/2005 DEP FILE #242 - 1314 49. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party,subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days after to the closing of said land transaction. 50. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre- construction meeting(e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 51. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents and plans submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 52. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer.The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted until a Certificate of Compliance is issued. 53. Prior to paving of the associated parking lot, all drainage structures shall be properly installed and functional. During construction, all drainage structures shall be maintained, as outlined in the Operation& Maintenance Plan as referenced and attached herein. C:\Winword\OOC\16000sgoodSt.doc 8 NACC 7/19/2005 DEP FILE #242 - 1314 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 55. Water quality down gradient ofBVWs shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 56. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system,unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas,and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 57. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 58. Upon beginning work,the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 59. All work activities associated with the drainage system approved in this Order must be conducted during no-flow or low-flow conditions. Specifically, all work shall be conducted no earlier than August 1st of any given year and shall be completed by no later than September 30th of that same calendar year. If work cannot be completed within this time frame,the Conservation Administrator may grant an extension upon review of the site and current flow conditions. The Conservation Administrator and the designated Environmental Monitor shall determine the limit of any extension based on the factors as mentioned above. 60. A qualified wetland specialist shall monitor the buffer zone restoration/mitigation plantings during installation and for two growing seasons. Monitoring reports shall be submitted to the Conservation Department at the end of each growing season to report on the relative success or failure of the restoration effort. If at the end of the second growing season, it has been determined that a 75%success rate has not been achieved, the NACC maintains the right to require additional mitigative measures. 61. All catch basins shall contain oil/gasoline traps,and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in \Winword\OOC\i6000sgoodSt.doc 9 NACC 7/19/2005 DEP FILE #242 - 1314 the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 62. Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while work specific to the installation of the drain line and/or other related drainage work within the resource area is occurring and until this section is complete. De-watering activities shall be conducted in accordance with section 8.5 of the Notice of Intent and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 63. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable,erosion controls are adequate and secure, and that all BMP's are adequately functioning. 64. Any fill used in connection with this project shall be clean fill,containing no trash,refuse, rubbish or debris, including but not limited to lumber,bricks, plaster,wire,lath, paper, cardboard, pipe, tires,ashes,refrigerators,motor vehicles or parts on any of the foregoing. 65. No exposed area shall remain unfinished for more than thirty(30) days, unless approved by the NACC. If soils are left to idle greater than thirty days,all areas shall be seeded with rye seed to provide immediate stabilization. 66. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 67. There shall be no stockpiling of soil or other materials within twenty-five (25)feet of any resource area. 68. After proper grading, all disturbed areas located within a resource area,which will, not remain as wetland areas, shall be loamed (minimum of 4" of quality loam),and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 69. Washings from concrete trucks, or surplus concrete,shall not be directed to,any drainage system, or wetland resource area. CAWinword\OOC\16000sgoodSt.doc 10 NACC 7/19/2005 DEP FILE #242 - 1314 70. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 71. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 72. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas,and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 73. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 74. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 75. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. 76. Snow storage shall be conducted in accordance with the approved O &M plan referenced herein and shall be limited to those areas referenced in said plan. 77. Prior to the issuance of a Certificate of Compliance,the property owners shall submit to the NACC for review and approval an agreement to allow for the maintenance of the upland meadow areas adjacent to the brook, at least once every three years. Said maintenance agreement shall provide and promote the existing upland meadow C:\Winword\OOC\16000sgoodSt.doc 11 NACC 7/19/2005 DEP FILE # 242 - 1314 habitat. Once said agreement has been approved by the designated authority,the agreement shall be carried forth in perpetuity. 78. After completion of work, the applicant shall permanently mark the edge of the "No- Disturbance Zone" or edge of existing disturbance if the no-disturbance zone is not being maintained with twenty(20) signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area"This will designate their sensitivity and ensure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 79. Upon completion of construction and grading,all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 80. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 81. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer(and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource C:\Winword\OOC\16000sgoodSt.doc 12 NACC 7/19/2005 DEP FILE #242 - 1314 area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone,which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions,fences,sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes�!U disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 82. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition#32); ➢ Maintenance of catch basins(Condition#61); ➢ Discharge or spillage of pollutants(Condition# 72); ➢ Prohibition of underground fuels (Condition#73); ➢ Limitations on the use of fertilizers,herbicides,road salts, de-icing compounds and pesticides (Conditions#74&75). ➢ Maintenance of the upland meadow habitat as specified in the approved agreement (Condition#77) ➢ The attached "Stormwater Operations and Management Plan', including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. CAWinword\00C\16000sgoodSt.doc 13 NACC 7/19/2005 DEP FILE# 242 - 1314 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1} I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission (NACC). and / or 2) 1 am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20-----, I inspected said property together with any and all improvements,which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of ,20 (Authorized agent of applicant or owner) CAWinword\00C\16000sgoodSt.doc 14 NACC 7/19/2003 'Re door4l 71);�j Operation and Maintenance Plan (Rev.06128105) The following Operations and Maintenance Plan ("O&M") has been prepared to ensure that proposed systems function as designed. The O&M plan includes a maintenance schedule to ensure that structural and non-structural components are implemented properly and identifies the responsible parties. A brief summary of the specific BMP's to be implemented at the site are as follows: Responsible Party Ozzy Properties, Inc., or any successor of, shall be the party responsible for adherence to the DEP Stormwater Management Policy Operation and Maintenance Plan. Non-Structural Methods Site Layout Naturally and maintained vegetated buffers temporarily disturbed during stormwater structure installation will stabilized upon completion of project activities. Upon completion of pipe installation within 25 feet of wetland resource areas, the disturbed areas will be stabilized and planted with woody shrub species. Source Control A comprehensive source control program will be implemented at the site which includes regular pavement sweeping (at least four times per year), catch basin cleaning, and detention basin and infiltration trench inspection and cleaning. Spill Prevention A spill prevention plan that includes an emergency notification plan and cleanup program will be developed as part of the National Pollution Discharge Elimination System (NPDES) Construction General Permit. At a minimum the following good housekeeping practices will be followed on-site during construction 1. An effort will be made to store only enough product required to do the job. 2. All materials stored on-site will be kept in a neat, orderly manner in their appropriate containers and, if possible, under a roof or other enclosure. 3. Products will be kept in their original containers with the original manufacturer's label. #1377041Lucent1N011Parking Lot 1 1600 Osgood Street, North Andover, MA Epsilon Associates, Inc. 4. Substances will not be mixed with one another unless recommended by the manufacturer. 5. Whenever possible, all of a product will be used up before disposing of the container. 6. Manufacturers' recommendations for proper use and disposal will be followed. Structural Methods Deep Sump Hooded Catch Basins Catch basins at the site are to be constructed with sumps and hooded outlets to trap debris, sediments and floating contaminants. Catch basins will be cleaned twice per year. Stormceptor® Unit The Stormceptor unit should be maintained annually and after a spill event or if, oil and sediment levels exceed prescribed maintenance volumes. Materials are typically removed by a vacuum truck. Extended Detention Basin The on-site basin has been designed to detain water for the 100 year storm event. Pre- treatment will be provided by deep sump catch basins and a Stormceptor unit. The basin is designed with easy access for maintenance and cleaning. The basin will be inspected once annually, in the spring, for cracking or erosion of . sideslope embankments, and accumulated sediment. Necessary sediment removal, earth repair and/or reseeding will be performed immediately upon identification. Necessary sediment removal will be performed with the use of a clamshell, small excavator, manually with a shovel and bucket and/or with a vacuum truck depending on the volume of material encountered followed immediately by earth repair and/or re-seeding. Over the long term, sediment removal will occur every 5 years. The outlet structures shall be inspected for evidence of clogging or outflow release velocities that are greater than design flow. The upper stage, side slopes,embankment, and emergency spillways shall be mowed at least twice per year. Infiltration Chambers The use of pretreatment BMPs (deep sump hooded catch basins, Stormceptor unit, etc.) will significantly minimize maintenance requirements of the infiltration chambers. The infiltration trenches shall be inspected after the first several rainfall events, after all major storms (2 year), and on regular bi-annual scheduled dates. #1377041Lucent/N011Parking Lot 2 1600 Osgood Street, North Andover, MA Epsilon Associates, Inc. • t Snow Disposal Snow disposal will be conducted in accordance with the DEP, Bureau of Resource Protection- Snow Disposal Guidance, effective March 8, 2001. Snow will not be stockpiled in or adjacent to wetland resource areas. Snow will be stockpiled outside the buffer zone in grassed areas, including the landscaped island areas within the parking lot. Snow will not be stockpiled on top of storm drains. #137704/Lucent/N011Parkfng Lot 3 1600 Osgood Street,North Andover, MA Epsilon Associates, Inc. LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1314 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 711 Y10.5- condition 0..Scondition pursuant to General Conditions#4, from the date of issuance. 1.Date of bsuan6e Please indicate the number of members who will sign this form: 67 This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. - Signatures: N ary A41ent Co monwealth of Massachusetts County of Essex North F�13 X03" On this of "1U- ( Day Month / Year Before me, the undersigned Notary Public, 6CD .INS.5e— personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission Cityrrown -DDGE DONNA M. 6'hn 4PW C0MW W4FAAlNOTTH0FPSignature of Notary Public ercow,. a � /�'1. 06bGam" Printed Name of Notary Public Place notary seal and/or any stamp above `24V My Commissi n Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on M/by certified mail, return receipt requested,on Date Date wpaform5.doc• rev.311!05 Page 7 of 9 • y Massachusetts Department of Environmental Protection L71 Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1314 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1314 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1314 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.3/1/05 Page 9 of 9 i a TOWN OF NORTH ANDOVER SPECIALTP,�,g! ..,r. 0' C _ ZONING BOARD OF APPEALS (General Bylaws) NAME Hughes Entertainment , Inc . 2006 OCT 13 P : 39 ADDRESS OF APPEAL 1600 Osgood Street (Building 30) , Town Clerk Time Stamp t Procedure & Requirements for an Application for a Special Permit Ten (10)copies of the following information must be STEP 6• SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules t periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal Zoning Board of an application as incom fete. notice for mailing to the parties in interest(abutters)an The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and noted that the legal notice has been prepared and thi Regulations and is not meant to supersede them.The cost of the Party in Interest fee. petitioner will complete items that are underlined- STEP 7• DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and receivers The petitioner picks up the legal notice from the Office a Zoning Bylaw Denial form completed by the the Zoning Board of Appeals and delivers the legal not Building Commissioner, to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING: Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information as The petitioner should appear in his/her behalf,or be required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence c completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PIAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing,a copy of the Board's decision will b: STEP 4- LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board' The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch. 40A sec. 17, within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1)original and 10 Xerox copies STEP 10• RECORDING THE DECISION AND PLAN of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification to be certified by the Town Clerk with the time and date the decision, Mylar,and any accompanying plans at 01 of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be left with the St., Lawrence MA. and shall complete the Certificaticr ?oning Board of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department.. ;1111PORTANT PHONE NUMBERS: C78-6388-9533 Office of Community Dev. &Services North Andover Town Hall '500 Osgood St., Bldg. 20, Suite 2-36 120 Main Street North Andover. MA 01545 North Andover, MA 01845 X78-158879542 fax for all Community Development offices 978-688-9545 Building Department 978-688-8501 Town Clerk's Office �I 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office t_i OCT [1 a ; PAGE 1 of 4 PAGE 2 OF 4 Date &Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT Please complete all items 1-10 below: 1. Petitioner: *Name, *Address and telephone number: Hughes Entertainment, Inc . 178 Lakeshore Drive , Marlborough , MA ATTN• Gregory 0 Hughes , President Tel .No . (781 ) 608-0438 01752 *`rhe petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: 1600 Osgood Street , LLC c/o Ozzy Properties , Inc . 3 Dundee Park , Andover , MA 01810 Years Owned Land: 3 3. Location of Property: a. Street: 1600 Osgood Street Zoning District: 1-2 Vii. Assessors: Map Number 34 Lot Number: 17 c. Registry of Deeds: Book Number 8 213 Page Number: 272 4.G e n e r al9ylaw Section(s)under which the petition for the Special Permit is made. Chapter 70 of theJown of North Andover General Bylaws 'Refer to the Pt M.Ut Denial and Zoning ordinance Plan Review ass supplied by the Building Commissioner. S. Describe the Special Permit request: The Applicant requests a Special Permit to allow more than fou (4) automatic amusement devices on a single business premises . The above description shall be used for the purpose of the legal notice and decision. A more ,detailed description is required pursuant to the Zoning Board Rides and Regulations as cited or, -cc 1. section 9 of this aoolication. r Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): NO CHANGES Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq, Ft, Sq, Ft. Coverage Feet Spaces Front Side A Side B Rear 6B. Proposed Lot(s): NO CHANGES Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear o� 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) NO CHANGES Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq, Ft. Sq. Ft_ Coverage Feet Spaces Front Side A Side B Rear 7A. Existing Building(s): NO CHANGES Ground Floor Number of Total Use of dumber Square feet Floors Sq. feet Building' of Units" "Reference Uses from the Zoning Bylaws&Table 1. "State number of units in building. 7B. .nosed Buiiding(s):NO CHANGES Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units" *Reference Uses from the Zoning Bylaws&Table 1. "State number of units in building. S. petitioner and Landowner signature(s): =:eery application `or a Special Permit shall be made on this form,which is the official form of the Zoning Board of Appeals. Ever 'ippfication shalt be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to fumish all supports- documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appea° -foes not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for Cling and ler- notification. Failure to comply with application requirements, as cited herei and in the Zoning Board Rules and Regulations rn- asult in a dismissal by the Zoning Board of this application as incomplete• 'Signature e above names sere Hughes Entertainment , Inc . Gregory 0 . Hughes , President PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION *10.B.*Plan Specifications: Application for a Special Permit must be supported by a 1) Size of plan: Ten(10 )paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Special 11) One(1)Mylar not to exceed 24"x36". Permit from the requirements of MGLA ch.40A,and the 111) All Site plans shall be the result of an instrument North Andover Zoning By-laws,all dimensional survey certified by a Registered Professional Land requirements shall be clearly identified and factually Surveyor with a block for five(5)ZBA signatures supported. All points,/-6,are required to be and date indicated on the Mylar.. Other registered addressed with this application. professionals, such as Registered Architects, Registered Professional Landscape Architects, 1.The particular use proposed for the land or structure. Registered Professional Civil or Geotechnical 2.The specific site is an appropriate location for such Engineers,etc., may collaborate on the Site Plan. use, structure or condition, *10 C. *Features To Be Included On Plan: 3.There will be no nuisance or serious hazard to 1) Site Orientation shall include: vehicles or pedestrians. 1. north point 4.Adequate and appropriate facilities will be provided 2. zoning district(s) for the proper operation of the proposed use. I names of streets 5.The use is in harmony with the purpose and intent of t 4. wetlands(if applicable) Zoning Bylaw. 5. abutters of property,within 300' radius 6.Specific reference and response to the criteria 6. locations of buildings on adjacent properties required by the particular Special Permit for which within 50'from applicants proposed structure this application is made(i.e.the Earth Removal 7. deed restrictions,easements. Spec -J Dermit ham A criteria and submittal 11)Legend&Graphic Aids: requi 1. Proposed features in solid lines&outlined in red Z Existing features to be removed in dashed lines 3. Graphic Scales 10. 'LAN OF LAND 4. Date of Pian Each• licatior t^ 1r, Zoning Board rt lnoeals shall be 5. Title of Plan _r. 'fans 6. Names addresses and phone numbers of the st oc . - .wn applicant,owner or record,and designer or Clerk's Office and ZBA secrtLdi r at least thirty t30)days surveyor. prior to the public h--iring before the Zoning Board of appeals. 100. Minor Projects Minor projects,such as decks, sheds,and garages, set of building elevation plans by a Registered shalt require only the plan information as indicated with Architect may be required when the application an.asterisks(*). in some cases further information may involves new constructionla conversion/and/or a be required proposed change in use. 11. APPLICATION FILING FEES 10 A. Major Projects A. Notification fees:Applicant shall provide a check Major projects are those which involve one of the or money order to:"Town of North Andover-#022-1760- `ollowing whether existing or proposed: 4841"for the cost of first class,certified, return receipt x 1)five or more parking spaces. #of all parties in interest identified in MGLA ch. 40A§11 11)three(3)or more dwelling units, on ?abutter's list for the legal notice check. Also. the 111)2000 square feet of building area. apr ;shall supply first class postage stamps x the# of parties of interest on the abutter's list for the decision iajor Projects shall require that in addition to the=above mailing' features plans must;how detailed utilities, soils, and B. Mailing labels: Applicant shall provide four( 1) opographic information. gets of mailing labels no larger than 1"x2 54"(3 copies for the Legal mailing and one copy for the Decision mailing). C. See 2005 Revised Fee Schedule. -3,444 A Special Permit once granted by the ZSA will lapse in 2(two)years if not exercised and a new petition must be submitted. <-(-4-<- } i TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICANT: HUGHES ENTERTAINMENT,INC. OWNER: 1600 OSGOOD STREET, LLC PROPERTY: 1600 OSGOOD STREET (ASSESSORS MAP 34, LOT 17) MEMORANDUM IN SUPPORT OF APPLICATION FOR SPECIAL PERMIT FOR INSTALLATION OF IN EXCESS OF FOUR AUTOMATIC AMUSEMENT DEVICES (Chapter 70 of General Bylaws) I. INTRODUCTION The Applicant,Hughes Entertainment, Inc., d.b.a. Lasercraze, is requesting a special permit to allow for the installation of in excess of four (4)automatic amusement devices to be located in its business premises to be located within an existing building (Building 30) at the campus known as Osgood Landing, and formerly known as the Lucent Facility. Specifically, the Petitioner is seeking a special permit pursuant to Chapter 70 of the Town of North Andover General Bylaws, as amended (the "General Bylaws') to permit a total of twenty-five (25) so-called automatic amusement devices to be included as part of the Applicant's proposed laser tag recreational facility, along with other incidental uses as more fully described below. A copy of the text of Chapter 70 is attached as Exhibit A. II. BACKGROUND Hughes Entertainment, Inc. (the "Applicant") is seeking a special permit to install in excess of four (4) automatic amusement devices within its proposed laser tag recreational entertainment facility. The Applicant has entered into a lease with 1600 Osgood Street, LLC (the "Owner") to enable the Applicant to operate the laser tag facility within a 16,200 s.f. area (the "Leased Premises") which is located within an existing building known as Building 30 on the south side of the Osgood Landing complex which, in turn, is located on a parcel of land located on the west side of Osgood Street (Route 125) (the "Property"). The building within which the proposed laser tag facility will be located is on a portion of the second floor of Building 30 which is shown on a plan entitled"Second Floor, 1600 Osgood Street, North Andover, MA, (Plan A2.00)" dated November 17, 2003, prepared by HDS Architecture (the"Second Floor Plan"). The Second Floor Plan is attached as Exhibit B. The Leased Premises is more particularly shown as a cross- hatched area on a plan entitled "Osgood Landing, Lasercraze -16,200 NSF, Bldg. 30 - 2nd FLR. S-E Entry Area," dated October 5, 2006, prepared by GSD Associates, LLC(the "Leased Premises Plan") which is attached as Exhibit C. Lastly, the conceptual internal layout of the proposed facility is shown on a plan entitled "Prototype Laser Craze - Floor Plan," (undated), prepared by Nunes Trabucco Architects (the "Layout Plan"). The Layout Plan is attached as Exhibit D. The Property is located in the Industrial 2 ("I-2") Zoning District. Based upon the Building Commissioner's denial letter, dated October 10, 2006 (the "Denial Letter"), a Special Permit is required pursuant to Chapter 70 of the General Bylaws. A copy of the Building Commissioner's denial letter is attached as Exhibit E. III. DESCRIPTION OF LASER TAG OPERATION (GENERALLY) As noted above, the Applicant is proposing to locate its first-class family recreational center in the Leased Premises at the Property. The goal of the Applicant will be to provide clean, safe, fun family recreational entertainment to the residents of North Andover and the surrounding communities. The primary business of LaserCraze is laser tag for kids between the ages of four and up. As an additional incidental activity to the laser tag activity is the proposed operation of coin-operated "automatic amusement devices" in the area shown as "Video Games Area" on the Layout Plan. Section 177A of M.G.L. c. 140 (the "Automatic Amusement Device Law") defines an "automatic amusement device" as meaning: ...any mechanism whereby,upon the deposit therein of a coin or token, any apparatus is released or set in motion or put in a position where it may be set in motion for the purpose of playing any game involving, in whole or in part,the skill of the player, including, but not exclusively, such devices as are commonly known as pinball machines including free play pinball machines. See G.L. c. 140, s. 177A, As noted above, these automatic amusement devices (also know as pinball games, as well as video and skill game devices) will include a total of twenty-five (25) of such devices, all of which are to be located in the area shown as"Video Games Area" on the Layout Plan. A list of the types of games to be installed in the Leased Premises it is attached as Exhibit F. Lasercraze will be the third facility of its kind started, owned, and operated by its owner and general manager, Gregory Hughes. Mr.Hughes' previous business, LazerZone, has locations in Marlboro and Randolph, Massachusetts. The Randolph location opened in 1998 and the Marlboro location opened in 2001. The business proposes to be open six days per week and expects to do 85% of its business on Saturdays and Sundays. The proposed hours of operations are as follows: • Monday: Closed • Tuesday thru Thursday: 10:30am to 9:OOpm • Friday: 10:30am to 12 midnight • Saturday: 10am to 12 midnight • Sunday 10am to 7pm Safety of customers and staff is the number one priority at Lasercraze. Over the eight years of operation at the Randolph LazerZone facility, and six years of operation at the Marlborough facility,both operations have established a record of safe operations. The footprint of the Leased Premises for Lazercraze will have a very similar footprint to the Marlborough-LazerZone facility and will have a floor plan substantially identical to the attached Layout Plan. IV. DISCUSSION As noted above, the Applicant is requesting a Special Permit to enable the Applicant to install in excess of four (4) automatic amusement devices to be located in the Leased Premises as described above. Specifically,Chapter 70 of the General Bylaws states as follows: "Any individual or business desiring more than four (4) automatic amusement devices on a single business premise shall require a special permit from the Board of Appeals." See Chapter 70 of NAGB. The Applicant believes the grant of a Special Permit is warranted for the reasons described below. V. BASIS FOR SPECIAL PERMIT While there are no specific criteria in the General Bylaws under which the Board of Appeals is to grant a Special Permit,we note the following: 1. The Applicant proposes the installation and operation of a total of 25 automatic amusement devices consisting of video games and skill games. 2. As noted above, a list of the types of games to be installed in the Leased Premises is attached as Exhibit F. P 3. The Applicant is an experienced operator of laser tag facilities, having operated two such facilities for an extended period of years both in Marlborough and Randolph, Massachusetts. 4. Each of those two other existing laser tag facilities include video and skill games as a component of such facilities. 5. The video and skill game automatic amusement devices proposed for the Leased Premises are substantially similar to those automatic amusement devices listed in the attached list. 6. There is no risk of misuse of the automatic amusement devices as a gaming device, and the Applicant agrees to permit inspection by the North Andover Police Department to insure conformance with the amusement device bylaw and the submitted application information. 7. Over the eight years of operation at the Randolph LazerZone facility,and six years of operation at the Marlborough facility,both operations have established a record of safe operations. 8. The Applicant agrees to operate the automatic amusement devices in a safe manner and in compliance with applicable laws. VI. REQUEST FOR APPROVAL For the above reasons,Hughes Entertainment,Inc. respectfully requests that the Zoning Board of Appeals to grant the requested Special Permit to install and operate twenty-five (25) automatic amusement devices as per the Application and in accordance with Chapter 70 of the North Andover General Bylaws. Respectfully submitted, Hughes Entertainment, Inc. By.jtp attorney, "C�2 T. Smolak, Esq. MOLAK&VAUGHAN LLP 820 Turnpike Street,Suite 203 North Andover, Massachusetts 01845 �I Tel. (978)327-5217 Abutter to Abutter( ) Building Dept. ( ) Conservation (ti. ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used In this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within . three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 34 17 Ozzy Properties,Inc 3 Dundee Park Andover,MA 01810 Abutters Properties Man Parcel Name Address 34 1 Tyler Munroe 100 Foster Street North Andover,MA 01845 34 2 Tyler Munroe 100 Foster Street North Andover,MA 01845 34 3 CWA Local 1365 Realty Trust 1627 Osgood Street North Andover,MA 01845 34 4 SPEC Realty Trust 35 Webster Street#302 East Boston,MA 02128 34 7 1503 Osgood Street,LLC 2 Bridgewater Circle Tyngsboro,MA 01879 34 9 Kristen&Lindsay Realty,LLC 770 Boxford Street North Andover,MA 01845 34 10 George Barker 1267 Osgood Street North Andover,MA 01845 34 15 1600 Osgood Street,LLC 3 Dundee Park Andover,MA 01810 34 16 MVFCU 1600 Osgood Street North Andover,MA 01845 34 18 Commwealth of Massachusetts Dept of Enviromental Management 100 Cambridge Street Boston,MA 02202 34 20 Technical Training Foundation 1665 Great Pond Rd North Andover,MA 01845 34 21 Commwealth of Massachusetts Dept of Enviromental Management 100 Cambridge Street Boston,MA 02202 34 25 Kristen&Lindsay Realty,LLC 770 Boxford Street North Andover,MA 01845 34 28 Hang'n Tree Realty Trust 2110 White Lane Haslet,TX 76052 34 31 SPEC Realty Trust 35 Webster Street#302 East Boston,MA 02128 34 41 Microwave Engineering Corp 1551 Osgood Street North Andover,MA 01845 34 42 Microwave Engineering Corp 1551 Osgood Street North Andover,MA 01845 34 44 -Mason-Dixon Realty Trust 1615 Osgood Street North Andover,MA 01845 34 50 Albacado Limited 45 Beechwood Drive North Andover,MA 01845 34 52 George Barker 1267 Osogg Street North Andover,MA 01845 61 16 G M Z Realty Trust 1679 Osgood Street North Andover,MA 01845 61 66 Stor-U-Self of Andover Limited 55 Cambridge Street Burlington,MA 01803 78 2 North Andover 2004,LLC 86 Maple Avenue Morristown,NJ 07960 Date 7/26/2006 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Certified Date � �lo� EXHIBIT A CHAPTER 70 OF THE GENERAL BYLAWS Chapter 70 Automatic Amusement Devices, Licensing of [HISTORY: Adopted by the Town of North Andover May 13, 2000 Annual Town Meeting,Article 34—Approved by Attorney General October 12,2000. Amendments noted where applicable.] In accordance with Massachusetts General Laws, Chapter 140, Section 177A, as amended, any individual or business desiring to keep and operate an automatic amusement device for hire, gain or reward shall secure an annual license from the Board of Selectmen. The Board of Selectmen shall not grant a license for any automatic amusement device which presents a risk of misuse as a gaming device. Automatic amusement devices that present a risk of misuse as gaming devices are those that have one or more of the following: The device involves matching random numbers,patterns or cards. The device accumulates more than twenty-six (26)plays. The device is equipped with a"knock off' switch,button or similar device. The device has a mechanism for adjusting the odds. The device has a remote control feature that can reset the device from another location. The device is capable of returning money to the player, other than change for the excess amount put in. The device permits a player to pay for more than one game at a time. Each game on the device shall cost exactly the same amount for each player and no player may change any aspect of the game by paying a different amount than any other player before or during the game. There shall be no metering device that accounts for both money/points in any money/points out. The maximum number of automatic amusement devices allowed on any single business premises shall be four (4) except in the case of duly licensed arcades and amusement parks. Any individual or business desiring more than four (4) automatic amusement devices on a single business premise shall require a special permit from the Board of Appeals. All licenses for automatic amusement devices granted by the Board of Selectmen shall be subject to inspection by the North Andover Police Department to insure conformance with this amusement device bylaw and the submitted application information. Any unlicensed automatic amusement device shall be subject to immediate seizure by the North Andover Police Department. [401 EXHIBIT B SECOND FLOOR PLAN 47H J L N P R T V X Z 1 Architect: 45, I I OW01 43 A R C H I T E C T U R E eMp�MM:617.78bd90e B.I''MA0P735•t110 v . xvw.Mex�aacWm. avNmy6:917.7a 301 �a@bmdipepwa.� 40 39 L 38 A C G 37 36 Y AA 35 35 33 S3 31 a 31 29-- 29 Rev.: Dw..- Remmkc: 27 El�r'77 er — E� 27 — 25 25 _ 23 — [�• 23 — 21 21 19— 17 — 1 — � t I � 15 1 Com® 13 Dae:El NOVEMBER 17.2003 13 Bcae: 11=0 Project Nmabw 1246 11 � �. � ❑ � u � w 11 D�by: 9 m 9 v • r 1600 OSGOOD 7 � 7 STREET 12 .tel ANDOVER, MA 10 3 — 9 LLU y — 8 1 1 - 7 SECOND FLOOR — 6 4 �+ s _ • a • ` _ • • 5 a . + I l — 4 2 + 1 2- 1 AIN A C E A C E G I K M 0 0 S U G I K P Q R S T U V W X EXHIBIT C LEASED PREMISES PLAN t } ac3 s u u Sot. 2 I .. EMS LAB 453. NEW 000 I-HR FIRE RATED GWB r SEPARATION WA.L NEW 1- PER MASS CODE SECTION 3400.3(3) TYPICAL AROUN PERIMETER OF GYM 2 SIDHS NEW E IT STAIR 13 FRO EZZANINE NNP` uPPo t NEW ENTRANCE D AND NEW STAIR NEW HALLWAY LOBBY/ATRIUM BATHROOMS EXIT 16,200 NSF LASERCRAZE I i-HR FIRE RATED GWS 01 SEPARATION WALL PER MASS CODE SECTION 3400.3(3) TYPICAL AROUND PERIMETER OF GYM 2 SIDES F-1 SEX T EXITv Req MR� 97]1 ' = 8b4 rY CREATE NEW HALLWAY Jim "IABP CAFETERIA SEATING FOOD SERVICE 321 O 34 A/V SERVICE EXIT A E C D E LANDING L,�,I SER a w o D6 2OOo �IsF GS®Associates, LLC 148 Main Street.Building A,North Andover MA 0184; Tel:978 688 5422 Fax:978 888 5717 Web:www.gsd-assoc.com pLDG° 30 2ND FLR° SoE ENTRY AREA 10 o0 a06 ; 41 Computer Aided Design •Architecture • Planning • Interiors • Development Consulting ea" i2.e3 9e-c 2023 iw"� .-, W-, u2 LAV NTWK LAV LAV Mac. iL,Y 236.31 .29 161.9'1 1c193 a° ® 6 153•_6• w L D e e STORAGE o A SEALED CONC. WOODLANDING W/ S �h6 m) RISERS t TREADS 2� Wgl4k RNUNG: U RICH 8O LANDING+2'Htd+ SOFT PLAY n (MULTI-POURPOSE AREA D LASEyR,2 TAG ARENA NA10NU11 FANCY � i, 32 PEOPLE o WK. tEN1D 4410. OT — EXISTING ELECTRICAL PANEL BOARD NOTE INSTALL ONE LAYER W FIRE RATED GNB ON ALL EXISTING GTOULUNNS 70 UNDERSIDE Y SEX ALL J�pNF WWC/Fl RATED SEALER HIGH ► ° COUNTER XTINGPH A NOTE: I"RCSSATIRAELLAO!$N�E LAYER PANEL BOARO �E b SERNCE ,J• & ISR C/FIRE RATEDUND� B MS PI 2-0 34`HIGH 36`HWH GU2t9 OPENING ANTER TER ARLA A! s I B 6 1 n �T A 3� MAIN COUNTER x t3 I�*s✓'. W A�tN4 P AREA AREA o Aj .i PRtA SEA p A! A! ¢ •_�• / o Al T o t A M'^1° ® VESTING ROOM I t -4 ° t COUN GLAZED A AJ SERNCE 4 - L •� w Al s VIDEO GAMES AREA -¢ 4'. p.A2ED TECH. ��y/�NO • MBiR�WAY 7 O 1101UN OJ ROOM ' OFFICE I y(� UNIT VE ® 1 BRIEFING ROOM 4 wo A A! Al + ® A A FINISHES r•* —'-- ARENA FLOOR-TEXTURED PAINT SEALER-COLOR BUCK FLO$-FRP HEIST-CCOLO WHITE BY TENANT WALLS-LATEX PAINT -COLOR BLACK CEILING-WASHABLE ACT TILES 10'-2}' 2t'_4�• 6'-2{ CEILING-EXISTING-LATEX PAINT -COLOR BLACK EXISTING BOTELEPH ARD ONE PREP VESTING �RR-12*XIr VCT-COLOR SELECTED BY TENANT -- /";\FLOOR PLAN FLOOR-CARPET(BY OMNER) WALLS-FRP PANELS-COLOR WHITE ( t � WALLS-LATEX PAINT -COLOR BLACK CEILING-WASHABLE ACT TILES Al CEILING-EXISTING-IATEX PAINT -COLOR BUCK PARENTS LOUNGE BRIEFING, FLOOR-VCT TIES-COLOR SELECTED BY TENANT FLOOR-CARPET(BY OWNER) WALLS-LATEX PAINT-COLOR SELECTED BY TENANT WALLS-LATEX PAINT -COLOR BUCK CEILING-ACT TILES ROOM CEILING-EXISTING-LATEX PAINT -COLOR BLACK FLOORQUARRY TILE-COLOR SELECTED BY TENANT EQUIPMENT LEGEND: VIDEO GAYER WALLS-EPDXY PAINT-COLOR SELECTED BY TENANT t• 90DA SET-UP _ FLOOR-CARPET(BY OWNER) PLUMBING WALL TO BE 4 I/4'X4 1/4'CERAMIC TILES WHITE 2. SODA SET-UP WALLS-LATEX PAINT -COLOR SELECTED BY TENANT COUNO-ACT TILES y ICE SO MACHINEAU CEILING- EXISTING-LATEX PANT -COLOR SELECTED BY TENANT TECH ROOM 3. FREEZER FLOOR-CARPET(BY OWNER) 6. REFRIGERATOR MULTI-POURPOSE AREA WALLS-LATEX PAINT-COLOR SELECTED BY TENANT T PEPS MACH WE COUNG-EXISTING-ACT TILES PAINTED AS SELECTED 6. POPCORN MACHINE 9. CASH REGISTER FLOOR-LCT TILES-COLOR SELECTED BY TENANT BY OWNER t0. HOT DOG WARMER - WALLS-LATEX PAINT -COLOR SELECTED BY TENANT 11. DOUGH PRESS CEILING-GRX)AS SHOWN ON RCP W/OUT TILES REGISTRATION COUNTER PI SW= /COOLER FLOOR-CARPET(BY OWNER) R WALLS-LATE PAINT-COLOR SELECTED BY TENANT t4, PZZA OVEN OFFICE COLING-ACT TILES 16. MINIHEAOVEN FLOOR-CARPET(BY OWNER 1T. NACHO CHEESE WARMER WALLS-LATEX PAINT-COR AS SELECTED BY OWNER 19. COOLERCASH REGISTER CEIUNG-GRID AS SHOWN ON RCP ALL COLOR FINISHES NOT DIRECTLY SPECIFIED SHALL — 20. PRETZEL WARMER BE RENEWED BY THE TENANT 21. NACHO CHEESE WARMER ALL PANTED SURFACES SHALL INCLUDE 1 COAT OF PRIMER AND 2 FINISH GOATS TABLE SECTION PRONDE AND INSTALL NNYL BASE AT PERIMETER OF ALL WALLS RENEW COLORS WITH TENANT PRIOR TOAT INSTALLATION OF BASE SCALE:NTS. LT PROTOTYPE LASER CRAZE Iv LA N E•s TRASUCCO A TQ c Iy I T E c r FLOOR NTA b b M�,�°";'•°'�'��°"° atm a1.s,A a.N tr.d.A.Y,.mN.Xw e219a PLAN 00/00/00 o.a<. ^A°i•w nqw ks.�T.Wf 1M•MA•1tA 411M•WMIt AS NOTED Al Pnxcr xu GOOD s r EXHIBIT E BUILDING INSPECTOR'S DENIAL ` Zoning Bylaw Review Form Town Of North Andover Building Department 1600 Osgood Street, Building 20,Suite 2-32 North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 1600 Osgood Street,Building 30 Ma /Lot: 34117 Applicant: Hughes Entertainment Inc,d/b/a Lasercraze Request: Tenant fit-up Date: 10/10/06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: 1-2 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting__ 2 Frontage Complies X 3 Lot Area Complies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 Special Permit Required X 3 Preexisting CBA 5 Insufficient Information d 1 Insufficient Information C Setback H Building Height 1 All setbacks comps X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height X 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed d Sign 3 Lot prior to 10124/94 1 1 Sign not allowed 4 Zone to be Determined 2 1 Sign Complies 5 Insufficient Information 3 Insufficient Information X E Historic District K Parking 1 in District review required 1 More Parking Required 2 Not in district X 2 Parking Complies 3 Insufficient Information X Remedy for the above is checked below. Item# Special Permits Planning Board Item Zoning Board Variance and/or # Special Permit B-4 Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit J Variance for Sign Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit B-4 Special Permit Use Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Other Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above Mi e.,You must file a new bgilding permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Review Reasons for Denial&Bylaw Reference Form Item Reference B-4 A Special Permit from the Zoning Board of Appeals is required from 4.133.9 of the Zoning Bylaw in order to allow an indoor/outdoor recreation facility. "9. Recreational uses,including swimming club,tennis club,health club, indoor ice skating facility,and indoor/outdoor athletic recreation facility by S ecial Permit." B-4 A Special Permit from the Zoning Board of Appeals is required from the General Bylaws,Chapter 70 in order to license more than 4 automatic amusement devices. "The maximum number of automatic amusement devices allowed on any single business premises shall be four(4)except in the case of duly licensed arcades and amusement parks.Any individual or business desiring more than four(4)automatic amusement devices on a single business premise shall require a special permit from the Board of Appeals.All licenses for automatic amusement devices granted by the Board of Selectmen shall be subject to inspection by the North Andover Police Department to insure conformance with this amusement device bylaw and the submitted application information.Any unlicensed automatic amusement device shall be subject to immediate seizure by the North Andover Police Department." J-3 A Variance and/or Special Permit from the Zoning Board of Appeals may be r aired under Section 6.6.G of the Zoning Bylaw for Lasercraze tenant signs. Referred To: Fire I Health Police X I Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 EXHIBIT F LIST OF AUTOMATIC AMUSEMENT DEVICES LaserCraze Automatic Amusement Games: Redemption Ticket Games: 1. Slam-A-Winner 2. Raptor Captor 3. Horsen' Around 4. Whacky Ducks 5. Wheel Deal+ 6. Wheel of Fortune 7. Wonder Wheel 8. Knock Down 2000 9. Fire Fighter 10. Wheel of Fortune push 11. Stacker 12. Big Winner Sports Games: 13.-15. Super Shot skee-ball(3) 16.-18. Skeeball lightning(3) 19. Air Hockey Pinball: 20. Simpsons Pinball Party Pinball Driving Games: 21. Cruis'n Exotica 22. The Fast and the Furious Simulator: 23. Nascar Race Simulator 24. Mad Wave Motion Theatre Dancins Game• 25. Dance Dance Revolution LEGEND: -------- ------------------- - - - --- - --- -- - - - - MONUMENTAe \ BUILDING CONC. CONCRF-TE _ __ - / 953 / e CAL C. CAL COLA TED - REC. - RECORD SQUARE FEET _ -- Al N/F NOW OR FORMERL Y SB/DH - STONE BOUNDIDRILL HOLE �� , --- � y�� FPL P - -- ESCUTCHEON P/N /N LEAD PLUG FND. - FOUND \ CH. -- CHORD_ I LOCUS ' \\ B�S, _� 0 TEARING R TO SCALE LCC LAND COURT CASE RESERVED FOR REGISTRY USE ~'� � _ - - RAILROAD TRACKS 0 / o UNDERLYING ZONING DISTRICT LINE 4OR OVERLAY ZONING DISTRICT BOUNDARY � � �� Q 133� 40R OVERLAY ZONING SUBDISTRICT LINE �0 SGG0A �8s7-, �� � __ - - FLOOD ZONE LINE 9a �Oh, F4IF. -- - _'� - _: !_ --- \ - _ _ EDGE OF WA TER \ ✓� z� N.T.S. _ �� LOCUS MAR \ tN X4,5 j SCALE: 1 "= 7,000' ; ppoR'( .��� 6b 5O��cti • /Gl y = Z V4� - , ('`o�,ttEt77& �° �a��\��o��� 1,�k� l ol �t� e _, �;�-� F X _ � � �y �OSror,�,��Rr - Z . �- e / 0 09 w ZpNF _ , 4i 4ripN jcr•. r \ 1��3 (9t2 30 X N °�'/ry l REFERENCES `S` �,� � PARCEL B � NF X � ,T�-�,_, C �SygO I,CSC - -\ -� _f\_ ZONE X �® AREA = 27,277 S•F. Fad �2S• � � ESSEX COUNTY REGISTRY OF DEEDS NORTHERN Q ��, Z__ ZONE AE �,- DISTRICT DEEDS Zo E BOOK 1801, PAGE 206Q co -.��N�- 3411, 169 Syf-a SL oce 8213, 272 10590, 007 (LOCUS) X - � _ ZONE (SHADED) .Sf �� _z PANS � N `Z; - ---____ ZONE AE AFT �? /j �\ ,.45'pt -- -_- _ ------ PLAN - N0. 439 \ a�' ZONE X (UNSHADED) - _ __� -- _z - X 2.740 55 c9G ��' ZONE - _ -r-r- - 15396 v5\� , o•� (°2��,�C;q�C - �- 6903 � 0 _ 0� �J�\'� � � `� � � �FG'� -� � - , ONE X . 'i �, Sb/D,�t 59 Z N 20 24 22 E MASSA LCCU6568A LAND COURT oPPO� �� ��� 11f� ��, 1 \ N, SFF � 28�Op - - - �`��`'°P �' 1 �g1 `��'z •°• ?a��8'(R c`= - - 358.92' ((ALC. /ofj vfl. � ZONE AE (358.88' REC.) SEE DET MASSACHUSETTS HIGHWAY DEPARTMENT p� � '� �, ��.. � AJL LAYOUT N0, 1392 _ 2994 5053 �� � 15,6 �\ 6568A � RECEIVED 5078 APR 20086805 ARE 1,pJ '2456S. F. . NOK i h MuUVER7062 PLANNING DERMTM E NT BOSTON AND MA/NE RAILROAD VALUATION MAP STORAGE ��• ORNIF O, INC, V2M/27 Z ' - CONTIGUOUS BUILDABLE A1f�FA _ METAL ZONE AEJ. V2M/38 yv G � CONTAINER O SHED _ _ _ �- o 1, 61 1-1-7' OF REJ?JI RED L 0 T A REA ZONE X S I 8 1&D 1, PAGE 206 � yAnEn A PLAN ENTITLED D "PLAN OF LAND, ASSESSORS �., 0.-�G� C)MAP � ��� Q - - - - - - - - - - -- -- - - -- U ��'L - -- - _52'34 - LOT 17, 1600 OSGOOD STREET, -���� - -- - - - - - - - - - ZONE - -- - - - - - - - - - - -- - - ��G - NORTH ANDOVER, MASSACHUSETTS" PREPARED - G Q t� G DUGOUT - - -- _ X (SHADED) j l �� BY M,HF DESIGN CONSULTANTS, INC., DATED '�'�'� G D �a�, �, - - _ _ _ __ , V 1J MARCH 10, 2008. �" �- �Q�<� 2�� G� T TONE X UNSHAD£D� �- - - _ _ Q vo% p L O , A (U \ o + `o�� ��` (INCLUDES PARCEL B� boy ���� r S�f_PLP 06 r �o - TOTAL AREA = �, 6.35, 3.3 ? S. F \ �o�, F , Lu A, 4� N T.s`, N.T.Q' -�� 0, �- w � \ \ �'`� ,�/�H - ' - ��� �� •- ���, 37. 5 42 1 CRE_S ��� L-207,72 _..� ZONING CLASSIFICATION - "INDUSTRIAL 2 DISTRICT" '� -ter. FN®' - ' E 0 / / R.:=477.04 N 2741 ��C�^^ E 1 ���aPG / �sy�o`�-� Fye, ✓ A� OVERLAY.' "OSGOOD SMART GROWTH OVERLAY DISTRICT" �,`� �a ®��c� 3% N.T,S�. �s G� p is "_� (,G -/ i ✓v -1-1 = I -7 78' OJ OVERLAY SUBDISTRICT "RESIDENTIAL MIXED-USE ZONE" _. -__ 0, "MIXED USE DEVELOPMENT ZONE" '� a'o �, c ����� ��- �_- . Z C) a MID• - PARCr L 9-D-2 ` pNF .� CH.=250,62 82�'� "INDUSTRIAL 2 DISTRICT" �o�O - N. T S. = e, 2g` W �'� (LAYOUT N0. 7062) 2pNF�r�s)y' CFI.BROS 16e45'5� � 00JS02, 0MINIMUM LOT AREA. '� G o �, o80,000 S.F. D �n ` - _ 3 06+ BOOK 341 1, PAGE 169 J ,�� ` -o 2 \ 0 ,35 ?7 + q R�1 1?OAC.) 8,1,170' 4, �� CN `� %�� RG% 3* ' N 80 4+ 1,232.00 ��; r -viAGE = 1,29'. 18' �Fp `� Li251.10 ,160.9 3) -o o 2 E ' CN ® ,222, 10.1 R= J REC.� L- OVERLAY SUBDISTRICT DESIGNATIONS SHOWN HEREON PER ! '�\ $, y p , ON + a L..306.36 - 425,06 _ eL=252• - \� `�' [� 505 SECTION 17.3.3 OF THE OSGOOD SMART GROWTH OVERLAY o j�� _ °1 - 01 x.83 5' 22'54'47 W USTRIAL 2 DISTRIG'T H"i0ToLfN0' DISTRICT BY OF THE TOWN OF NORTH ANDOVER• E 6,a a � 0�$•� �y�2L2 �9 - INS IAL SDISTRICT / D� VA y�pY s�'�' (S"TATE ROUTE 125 - HIGHWAY l�IYtOUT NO. 4324 & NO. 7062) INDUSTR �� 8 �c �1�,}i OVERLAY ZONING DISTRICT BOUNDARY AND SUBDISTRICT ZONING" DETAIL 'A " � � F^, �R 2�,i ,3�'� ��/� � � ��� �� \ / 1� � (P 8 1305TO LINES SHOWN HEREON TAKEN FROM THE ZONING MAP ENTITLED NOT TO SCALE o �0 ��8 1 3�7 A3 ^ ,22�"Q STREET o 1 "1600 OSGOOD STREET, SMART GROWTH OVERLAY DISTRICT U 1G '��\L��04 - �! l -'�^ / '" (PUBLIC -- VARIABI E WIDTH) 1721 C� Cts v OGO� #1719 ❑ o ZONING MAF', PREPARED BY THE NORTH ANDOVER DEPARTMENT _ �iQCa,S 28,43:2,".� � -._ _ _ - - OF COMMUNITY DEVELOPMENT" DATED MARCH, 2007 AS PARCEL. 9--2 REFERENCED IN SECTION 17.3. 1 OF THE OSGOOD SMART GROWTH �S�/p � •�S,pp \ �7 I l 0a <- _7,! �{ A (LAYOUT NO. 7062) N.T S. OVERLAY CISTRICT BYLAW OF THE TOWN OF NORTH ANDOVER, i TN ` l a� L .��. �11 - r 58> 0�01, BOOK 3411, PA-E 169 6 62 SEE © 1AREA - 4,326 S.F. o + 05 ,, 1 9� PARCEL 9-D- 1 DETAIL B g (LAYOUT N0. 7062) APPROVAL NOT REQUIRED PLAN BOOK 3411, PAGE 169 APPROVAL UNDER THE. SUBDIVISION CONTROL NOT TO SCALE- LAW NOT REQUIRED. 1600 OSGOOD STREET , _ 5 _ ! 1 TOWN OF NORTH ANDOVER PLANNING BOARD NOTES: \ � J �©-c9� • "ORTH ANDOVER, MASS, I CERTIFY THAT THIS PLAN CONFORMS WITH THE RULES o OF,, 1) THIS DOCUMENT IS AN INSTRUMENT OF SERVICE OF HARRY R• IN.T.S. LES AND �.l �, REGULATIONS OF THE REGISTERS' OF DEEDS, SCALE: 1 �= 1OO' MARCH 1 1, 2OD5 FELDMAN, INC. ISSUED TO OUR CLIENT FOR PURPOSES RELATED #1635 DIRECTLY AND SOLELY TO HARRY R. FELDMAN INC. 'S SCOPE OF - I CERTIFY THAT TH/S PLAN /S BASED ON AN ACTUAL FIELD SURVEY, HARRY R. FELDMAN, INC. LAND SURVEYORS SERVICES UNDER CONTRACT TO OUR CLIENT FOR THIS PROJECT. 1615 162' 112 SHAWMUT AVENUE PHONE: (617)357-9740 ANY USE OR REUSE OF THIS DOCUMENT FOR ANY REASON BY DETAIL "C" I CERTIFY THAT THE PARCEL SHOWN HEREON LIES PARTLY WITHIN A BOSTON, MASS, 02118 WWW.HARRYRFELBMAN.COM ANY PARTY FOR PURPOSES UNRELATED DIRECTLY AND SOLELY NOT TO SCALE ZONE "/" (UNSHADED), AREA. DETFRM/NE_D TO BE OUTSIDE_ THE TO SAID CONTRACT SHALL BE AT THE USER'S SOLE AND 500-YEAR FLOODPLAIN, A ZONE "X" (SHADED), AREAS OF 500-YEAR EXCLUSIVE RISK AND LIABILITY, INCLUDING LIABILITY FOR FLOOD; AREAS OF 100-YEAR FLOOD WITH AVERAGE DEPTHS OF LESS VIOLATION OF COPYRIGHT LAWS, UNLESS WRITTEN CONSENT IS ._--- PROVIDED BY HARRY R. FELDMAN, INC. 58THAN 1 FOOT OR WITH DRAINAGE AREAS OF LESS THAN 1 SQUARE MILE; FELDMAN 70. AND AREAS PROTECTED BY LEVEES FROM 100-YEAR FLOOD, AND PARTLY 1 WITHIN A ZONE AE, AS SHOWN OPv THE FLOOD INSURANCE RATE MAP Professional land Su DATE. ri e�ors 2) THE PURPOSE OF THIS PLAN /S TO SUBDIVIDE LOT A, AS FOR THE TOWN OF NORTH ANDOVER, MASSACHUSETTS, C4MMU L SHOWN Oh' A PLAN ENTITLED "PLAN OF LAND, ASSESSORS MAP �J NUMBER 250098 0005 C, EFFECTIVE DATE JUNE 2, 1993. THE PLANNING BOARD'S ENDORSEMENT OF 34 - LOT 17, 1600 OSGOOD STREET, NORTH ANDOVER, DETAIL "D" OWNER/APPLICANT. OSGOOD LANDING, LLC PLAN AS NOT REQUIRING APPROVAL GRAPHIC SCALE MASSACHUSETTS" PREPARED BY MHF DES/GN CONSULTANTS, INC., UNDER THE SUED/VIS/ON CONTROL LAW IS 100 0 50 100 200 400 DATED MARCH 10, 2008, INTO LOT A 1 AND LOT A2, NOT TO SCALE 3 DUNDEE PARK � ANDOVER, MA 01810AM NOT A DETERMINATION AS TO CONFORMANCE - NO, 3714 �� WITH THE TOWN OF NORTH ANDOVER BYLAW - --- -- - - AND REGULATIONS. RESEARCH MJB FIELD CHIEF KP CHECKED APPROVED FILE NAMF 11983-ANR5.dwg CALC MJB CADD MJ8 FJELD CHECKED CRD FILE - JOB N0. 11983 ENT FOR WIDE E EI HBENEFIT OF LUCENT TECHNOLOGIES, INC. BOOK 5662 PAGE 228 R p1-AN #3066 9p MAP 34 LOT 21 . . • • . , o s� N/F COMMONWEALTH OF MASSACHUSETTS MAP 78 LOT 2 \� DEPARTMENT OF ENVIRONMENTAL PROTECTION N/F NORTH ANDOVER 2004, LLC \ \ G / / .,.,.s I T E 100 CAMBRIDGE STREET 86 MAPLE AVENUE BOSTON, MA 02202 MORRISTOWN, NJ 07960 \ 1 6"X6" m BOOK 1513 PAGE 158 ,\ \ SB/F �' N.E.R.D. PLAN #6014 & #9084 1pp3.g� I �• � J 6 " *x6N 10'39'45"W N43•50 26 W N69.98 O X01„w _-- — — — -- _ �• NOLO 170.05 1 29'29 E 4"X4 6"X6” SB/F 6"X6" 6"X6" \ FLOOD SB/F SB/F ' SB/F / l Z 0 N E 0P� c FLOOD FLOOD ZONE r 'AE' I MAP 34 LOT 18 �' 1 N/F COMMONWEALTH OF ��' \� ZONE .� -- AE / FLOOD LOCATION MAP MASSACHUSETTS \� — / , ZONE DEPARTMENTOF ..� .. \\ N43'10'14"E NOTES.- ENVIRONMENTAL (scALE = 1"=1000'+/-) PROTECTION APPROXIMATE 100 O , 20 WIDE SEWER EASEMENT 100 CAMBRIDGE STREET 1 �\ YEAR FLOOD ZONE -� '90, 100.36 ��j FOR THE BENEFIT OF LUCENT 1) ZONE: INDUSTRIAL DISTRICT 2 BOSTON, MA 02202 �\ \ s"xs" j / TECHNOLOGIES, INC. OVERLAY: "OSGOOD SMART GROWTH OVERLAY DISTRICT _ sB/F SEE BOOK 822 PAGE 12 AND OVERLAY SUBDISTRICT: "RESIDENTIAL MIXED-USE ZONE" BOOK 1651 PAGE Z19 - - ` _ � i � N.E.R.D. PLAN #9084 BOOK 902 PAGE 67 "MIXED USE DEVELOPMENT" \ \\ FLOOD ZONE N37'0959E \ / / MINIMUM LOT SIZE: 80,000 Sq.Ft. MINIMUM LOT FRONTAGE: 150 Ft. �I `\ X \ j '100.02' " SETBACKS: \ Front 50 Ft. N34 35 35",E Side 50 Ft. •��.�L `� / N 100.21 ' Rear 50 Ft. T:1 \ s%F REFER TO THE TOWN OF NORTH ANDOVER ZONING ORDINANCE FOR VERIFICATION, ADDITIONAL RESTRICTIONS AND PERMITTED 1 III ❑ 0 �ti USES. APPROXIMATE-,^ S%F - _ -/� j/ 500 YEAR tr FLOOD ZONE ® 0 PARCEL B 2) INTENT OF PLAN: — —-- -- - — — — — — — _ -� �v'j 3e "NOT A SEPARATE BUILDING LOT" A) TO CORRECT CERTAIN DISCREPANCIES FOUND ALONG THE `` - - - - - \ - - - _ " •�6F PORTION OF MAP 34 LOT 17 OSGOOD STREET RIGHT OF WAY ON RECORDED PLAN #15396. N13 45 07 W.... TO BE CONSOLIDATED WITH LOT 'A' B) TO SUBDIVIDE A POR110N OF MAP 34 LOT 17 AND 144.66' 27,244 Sq.Ft.Q , CONSOLIDATE THAT PORTION WITH LOT A . NO NEW 0.625 Ac.f® \ BUILDING LOTS ARE BEING CREATED. s Q S76.15'01"W 66.06' - �, �q PLAN REFERENCES: S47'21 '57 'W 18.54 _ 213.32' `890 NORTH ESSEX REGISTRY OF DEEDS: S76'24'06"W 303 00' , \ N13'45'07"W O,AyGS #439 #3128 #91084R��I1/�D #441 #3943 #9263 - - - f f ❑ #911 #4250 X12015 APR 7 2008 O 1530 6014 12117 NORTH ANDOVER ■ BO 9) #2740 #6903 #13662 PLANNING DEPARTMENT ® to v, \ 41• � S �• #3066 #7431 #13862 o N13-45'07"W 0 O,L'Aq,L #:3349 #7531 #15396 �-- -�r 297.76' . \ O 90 To �, 101101 MIP 34 LOT 17 f \\ ,o��-��9opx L- - JL -- J i o — 280.40 \ i ti 9,� ti -v,. CERTIFICATIONS: 5„ 5,208,461 Sq.Ft. o f , F O Z Z o �, U 1191.570 Ac.t EXISTING WK f 17.36 �� ,S L, ,P 1- 1) 1 CERTIFY THAT THIS SURVEY AND PLAN CONFORMS TO THE rn W 0 ° 5,1811 ,217 Sq.Ft. B f x 1 � �-- �� 9G ETHICAL, PROCEDURAL AND TECHNICAL STANDARDS FOR THE o4 ,- 0 1181.945 Ac.f PROPOSED cn o / O �',X09 �y0 PRACTICE OF LAND SURVEYING IN THE COMMONWEALTH OF MASSACHUSETTS. M p C63A = EXCEEDS 75% f V) ® / OJ 'Ai� _10cn rn / 5y �"oo z_ ° o �, I 2) 1 CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN Z v v `� '� ® � I CONFORMANCE WITH THE RULES AND REGULATIONS OF THE -� U, N 0 f � J j ;0 APPROXIMATE 500 �O REGISTER OF DEEDS OF THE COMMONWEALTH OF U, cA z ■ oa a; >c I YEAR FLOOD ZONE �' MASSAC M OF a y qd� fn � 6"X6• ' n r N NW (mn f CHFFR�I�S?dCC(P;ENRE R NSB/F of \ �' _ No. 3s11sm o / - S580159E m s6.50'%Fm08 m - - FLOOD ZONE �> oxf 08 I � \ \ � ' \ ' ' V'O "9, CHRISTOPHER FRANCHER, P.L.S. DATE f r' ` LOT A ? °1- � .o f ° 1 ,609 218 Sq.Ft. �� F APPROVAL UNDER THE SUBDIVISION CONTROL LAW NOT REQUIRED cr m �' 36.943 Ac.f EXISTING \ s�� TOWN OF NORTH ANDOVER PLANNING BOARD "' 1 ,636,462 Sq.Ft. 37.568 Ac.f PROPOSED APPROXIMATE LAYOUT, CONSTRUCTION AND -\�� LAYOUT, CONSTRUCTION AND CBA = EXCEEDS 75% Rte• MAINTENANCE EASSEMENT TO LOCATION OF ® MAINTENANCE EASEMENT TO MASS 700'tHOL (BOOKMASS HIGHWAY DE 69 ENT ZONE LINES f f (BOOK HIGHWAY DEP RTMENT\ �\ \ 286►9 2�F " A=51'03'26" LAYOUT \ FLOOD ZONE SB/F ROAD f N E SE T (PARCEL 7602 2 ON (PARCL#7602) ON RAIPIAGE EASEMENT TO \ \ P � 6"X6 CTjON # ) ---�1 S76'22'47"W TOTAL FRONTAGE = 2,239.01 , R=35.00 A=21'47'20" MASS HIGHWAY DEPARTMENT `\ \ AE N20'20'59"E 6^X6" SO 1'12• 15.10' L=31 .19 - _ R-70.00' (BOOK 3411 PAGE 169) dor 358.88' THE PLANNING BOARDS ENDORSEMENT OF THE PLAN AS NOT SB/F 7 W HB/F LEAD PLUG/F 44.69 • L=26.62'- (PARCEL 9-D-1 ON W, 34 MHB/F / -- .. LAYOUT #7602) ,o Tti, \ REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 8'24' MHB F MHB/F / _ 173 5i L �. -- - -- IS NOT A DETERMINATION AS TO THE CONFORMANCE WITH THE 644.22' / MHB/F N80 35 07 W�- TOWN OF NORTH ANDOVER ZONING BYLAW AND REGULATIONS . 457.81' SlIS25'32"E INDUSTRIAL 2 __.._ - _ HB F' � � ` S 13'37'13"E __ —_ —- _ 10.14 2�8.� I DRAINAGE EASEMENT TO _ � � �� -•-.....�, 9 '"'MHB/F MHB/F � • MASS HIGHWAY DEPARTMENT � �• 6"X6" INDUSTRIAL 1 r INDUSTRIALS A=10 14 15 so3•> > > B�,E._ % � %: �, SB/F (BOOK 3411 PAGE 169) R=3112.57 l (PARCEL 9-D-2 ON �PPROXIMATE L=556.14' ; ;, �• \ �� LAYOUT #7602) LOCATION OF I �25 S03*81118E �.�`` \\ � � \ \ �<v ,���` NO. DESCRIPTION BY DATE ZONE LINES STREET (ROUTE GOOD 0 ' 1 '1 " � \ TOT � REVISIONS FOR REGISTRY USE A 06'42'56" OS - VARIABLE WIDTH RIGHT OF WAY) S 103.578' E 0=12'36'11 MHB/L= tir o \ PLAN OF LAND 500.00' (PUBLIC VA R=1012.83' � � �O \y\'6s\ � �- J R=1 , ' L=175.81 L=222.79 \ ,v V• �h 0 14'14'51 " \2 ` FLOOD � `b 50 ASSESSORS MAP 34 — LOT 17 I _ �`�SS, N. 16 \ II I ZONE Q" o-4� Q) 0 „0 1600 OSGOOD STREET R=1232.00 \O),, OO AE �� o �' ' ti o L=306.36' �L A3, \ \\ \ ac��' Q�O �`o<c, 0 NORTH ANDOVER, MASSACHUSETTS r0�o 00 Q`it PREPARED FOR: ��o-�`�., 1600 OSGOOD STREET, LLC 1600 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 44 Stiles Road, Suite One LEGEND OWNERS OF RECORD: _ . ='. °�' '~� Salem, New Hampshire 03079 GRAPHIC SCALE D 12.20'4©" .� r � = . s"xs .'... .,..._._ _._,.. �_ � (603) 893-0720 MAP 34 LOT J7 LOT A R=1170.001' �. SB/F MNF Design Consultants, Inc. ENGINEERS • PLANNERS • SURVEYORS BUILDING 180 ° 8° 180 320 840 1600 OSGOOD STREET LLC OSGOOD LANDING, LLC L=252.08' olo OZZY PROPERTIES, INC. 3 DUNDEE PARK SCALE: 1"= 160' DATE: MARCH 10, 2008 DRAWING NAME 3 DUNDEE PARK ANDOVER, MASSACHUSETTS 01810 2066PIAN2.DWG ZONE LINE ( IN FEET ) ANDOVER, MASSACHUSETTS 01810 BOOK 10590 PAGE 7 DRAWN BY: CHECKED BY: PROJECT NO. SHEET NO. I inch = 160 !t. BOOK 8213 PAGE 272 ___ CMF 206606 1 OF 1