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Building Permit #215 - 109-123 MAIN STREET 9/18/2007
s BUILDING PERMIT of "°pT" TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION 07 5 /l Flo Permit NO: - Date Received Date Issued: 9SSACH�1`�E� P RTANT:Applicant must complete all items on this page LOCATION b23 /tf jfM) Prif, PROPERTY OWNER 5'.� �j¢� akeT -gases Print MAP NO: PARCEL: ZONING DISTRICT: ,AQS Historic District yesRo Machine Shop Village yes TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more family Industrial Alteration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other Septic Well Floodplain Wetlands Watershed District Water/Sewer DESCRIPTION OF WORK TO BE PREFORMED: Q� s —E ns c 71 c.r✓1 Vtc LJ �S i?c,( r=r, mc L,.s/ SLhell inI4 f<<r- new 0-JS Identification Please ilype or Print Clearly) U OWNER: Name: vl*u LAL) lit✓AaV J e-uS ll Phone- 97T=&F6-F63 Address: j&49 /.kJ R,4#A) CONTRACTOR Name: /117i?1 a / �Phone: 7Z/ " D4Address: j............Id z,� Supervisor's Construction License: (' 061T),E Exp. Date: Home Improvement License: WA Exp. Date: ARCHITECT/ENGINEER / Pt)4.#xtig (a, .lam Phone: 99) � —S3S"r Address:_ ,Z/ G�kstflr�cDic1 S7" S,aL�=�( iy,4 01970 Reg. No. 54V FEE SCHEDULE:BULDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BIASED ON$125.00 PER S.F. Total Project Cost: $ �, ZSZ'I Oo0 FEE: $- / d Check No.: Dt ����� Receipt No.:_a64;/40 NOTE: Persons contracting wit unr gistered contractors do not have access to the Ruar n d tJ'.fan Signature of Agent/Owner, nature of contra r Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art Swimming Pools Well Tobacco Sales Food Packaging/Sales Private(septic tank,etc. Permanent Dumpster on Site THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT COMMENTS xxo ,nom-j. .. � cz - ^^ !► t L__*.L - DATE REJECTED DATE APPROVED CONSERVATION COMMENTS DATE REJECTED DATE APPROVED HEALTH COMMENTS i _J Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature &Date Driveway Permit Located at 384 Osgood Street FIRE DEPARTMENT - Temp Dumpster on site yes 42 no Located at 124 Main Street Fire Department signature/date r COMMENTS Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. a Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA— For department use) ❑ Notified for pickup - Date Doc.Building Permit Revised 2007 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM07 Revised 2.2007 Location/0 d No. Date �7 NORTh TOWN OF NORTH ANDOVER Ot 0 n Certificate of Occupancy $ sACMUs<� Building/Frame Permit Fee $ /Y, o0 d Foundation Permit Fee $ Other Permit Fee $ TOTAL $ ©Q� Check # ��9 206r i jdding Inspector From:PINNCON LLC 17813565657 09/20/2007 10:20 1953 P.001/001 PINNC-O---N Date: September 19,2007 To: Neighbors of 109 Main Street—North Andover,MA Project Name: Messina Shopping Center Phase I—North Andover, MA#07-410 From: Jessica Saudner Re: Construction Demolition Starting approximately Monday September 24,2007 Construction Demolition will begin at 109 Main Street,North Andover MA,followed ,by New Construction for the first Phase which will last to approximately February 1, 3008. Thank you � NORTIy Tovm of 6Andover 0 o. dover, Mass., 21_z4_10 11*7 �. �f COCHICHEWICK V ADRArEDI P` C7 S BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System /,y BUILDING INSPECTOR ..... '1� .f�'..... .� ! ! .......1.�..:/ THIS CERTIFIES THAT ............................................................... Foundation has permission to erect........................................ buildings on .. ...... .... ,.3............. � i'....I....................... Rough f J / /f / /� f Chimney to be occupied as... .. . r�,s ... ....j.. .I�.�:�l .a...i. f!.�.(/.Q /... e provided that the person accepting this permit shall in every respect conform t the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the In pection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Ficial PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION TARTS Rough I ......... ........................ Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the"Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. Town of North Andover wn Clerk Time Sump ZONING BOARD OF APPEALS -.-7k 57 q X,F) Albert P.Manzi III,Esq.Chaimian at VIORT14 Sao Ellen P. McIntyre, Vice-Chairman 0 JUN 1 Richard J. Byers,Esq.Clerk 0 Joseph D. LaGrasse 4 David R.Webster Associate Members OBJ11 c Thomas D.Ippolito Richard M.Vaillancourt Daniel S.Braese,Esq. This is to certify that twenty(20)days have elapsed from date Of decision,filed Any appeal shall be filed within Notice of Decision without filing of an aRppal. (20)days aft the date of filing Year 2007 Date— L, le?kR.4"I� � ,2LC�/ of this notice in the office of the Joyce AIB Shaw' Town Clerk,per Mass. Gen.L.ch. Town Clerk 40A, §17 Property at: 109-123 Main Street NAME: San Lan Realty Trust HEARINGS: March 13,&April 10,2007 109 Main Street VOTING DATE: May 9,2007 North Andover,MA 01845 ADDRESS: 109-123 Main Street PETITIONS: 2007-MA(Shopping Center) &2007-MB Qp*) North Andover,MA 01845 T TYPING DA!f.-_May 15,2007 BY virtue of its authority under Mass. G.L. Chapter 40A and the Zoning Bylaws of the Town of North Andover,Massachusetts(the-Zoning Bylaws-),the North Andover Zoning Board of Appeals(the "Board")held a public hearing at its regular meeting in the Town Han top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon two separate variance petitions of San Lau Realty Trust, 109 Main Street,North Andover,MA for premises at 109-123 Main Street(Map 29,Lot 48)(the"Property")for certain dimensional variances as further described below.On or about February 15,2007, the Petitioner, San Lau Realty Trust,(the"Petitioner-)filed two separate variance petitions affecting the Property with the Zoning Board of Appeals and Town Clerk seeking dimensional variances to allow:the renovation and reconstruction of the existing retail shopping center("Messina Plaza")totaling 52,406 s-t including the construction of a 208+/-s.f.kiosk,drive-through facilities, parking improvements,utilities,walkways,site lighting,landscape improvements,and other improvements within the General Business(GB)Zoning District(the"Project"). Based upon the Building Inspector's denial letter,dated February 14,2007(the"Denial Letter"),dimensional variances are required from the Zoning Bylaw in order to construct the Project. The first variance petition requested relief from: (a)Section 7,Paragraph 7.3 and Table 2 (Summary of Dimensional Requirements)of the Zoning Bylaws to allow for reduced front setbacks along Main Stied and First Street;(b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow for less than a 15-foot green area abutting the rear property line which is generally consistent with existing conditions; (c)Section 8.1 (Off-Street Parking)of the Zoning Bylaws to allow for reduced parking requirements; and, (d)Section 8.4(Screwing and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for vaned screening and landscaping requirements for off-street parking to accommodate the revised site design for renovations to the Messina's Shopping Center,all as shown on the"Site Plans,"as defined below(the-Shopping Center Petition"). The second variance petition requested dimensional variance from: (a)Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related screening along MainStreet and First Street to enable the Petitioner to construct a kiosk of approximately 208 s.f. in size,all as shown on the"Site Plans,"as ed bel (the ans, defined ow E- ro 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-w-"w.toAnofnorthandover.corn. "Kiosk Petition"). The Shopping Center Petition and Kiosk Petition were filed in connection with the Petitioner's plan to renovate the existing Messina's Shopping Center, along with parking, lighting, landscaping and other improvements(the"Project")as shown on the"Site Plans"(as defined below)on a parcel of land known and numbered as 109-123 Main Street,consisting of approximately 145,893 square feet of W and designated on the Town of North Andover Assessors Maps as Map 29,Lot 48 (collectively,the"Property"). The Property is located in the General Business(GB)Zoning District as described in the Zoning Bylaws. The Petitioner has filed with the Zoning Board of Appeals all plans and reports required under the Zoning Bylaws. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the ZoningBoard of Appeals and by the various departments within the Town of North Andover that reviewed the project. All of these plans,reports and correspondence are contained in the Zoning Board of Appeals'files and are hereby incorporated by reference into the public record for this After notice of the public hearings was published in the Eagle Tribune,a newspaper of general circulation in the Town of North Andover,on February 26,2007 and Manch 5,2007,was posted in a conspicuous place in Town Hall;and was mailed,postage prepaid,to all interested parties as certified by the Board of Assessors Office in conformance with the Zoning Bylaws and M.G.L. Chapter 40A,the Zoning Board of Appeals opened the public hearings on the Shopping Center Petition and the Kiosk Petition on March 13,2007 at approximately 7:30 p.m.in the second floor meeting room at Town Hall, 120 Main Street„North Andover,Massachusetts. A continued session of both public hearings was held on April 10,2006. On April 10,2007,the Zoning Board of Appeals voted to close the public hearings and on May 9,2007,the Board unanimously voted to grant the requested variances as per the Shopping Center Petition and the Kiosk Petition,as more fully described below. Based upon the following findings,a motion was made by Richard I Byers,seconded by David R. Webster,and the Board unanimously voted to grant the request of the Petitioner for dimensional variances for the Project described in the Shopping Center Variance Petition,including the requested relief from:(a) Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to allow for relief of three(3')feet from the front setback along Main Street,and to allow for relief of ten (10')feet,three(3")inches from the from setback along First Street only with respect to the drive-through facilities,but the remainder of the proposed building will comply with the 25-foot setback requirement along First Street; (b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note #2,of the Zoning Bylaws to allow for less than a 15400t green area abutting the rear property line which is generally consistem with existing conditions but additional screening has been added to provide for greater buffering capacity for the rear yard Note that the Property will otherwise comply with the 50-foot rear yard building setback requirement;(c)Section 8.1 (Off-Street Parking,)of the Zoning Bylaws to allow for a total of 172 parking spaces where the Zoning Bylaw requires 258 paling spaces,along with other variances from Section 8.1 such as aisle widths to enable improved circulations within the parking lot,all as more particularly shown on the"Site Plans";and,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for relief from the requirements for screening and landscaping of off-street parking in order to accommodate the revised site design for renovations to the Messina's Shopping Center to enable the Petitioner to install landscaping,screening,lighting and other improvements within the off-street parking areas,all as shown on the"Site Plans"as defined below,and subject to the conditions described below: Based upon the following findings,a second motion was made by Richard I Byers,seconded by David R. Webster,and the Board unanimously voted to grant the request of the Petitioner for dimensional variances for the proposed kiosk described in the Kiosk Petition,including the requested relief from: (a) Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);to allow for relief of twenty-two{22')feet from the from setback along Main Street,and to allow for relief of sixteen(16')feet from the from setback along First Street front yard to allow for the construction of a kiosk where 25 feet is 2 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com 4 required and, (b)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for redid front setbacks and related screening along Main Street and First Street to enable the Petitioner to construct a kiosk of approximately 208 s.f in size, all as shown on the"Site Plans"as defined below,and subject to the conditions described below. FINDINGS Having reviewed all the plans and reports filed by the Petitioner and its representatives,considered the correspondence from various Departments within the Town of North Andover that have reviewed the Project,the Zoning Board of Appeals makes the following findings: Section 10.4 of the Zoning Bylaws authorizes the Zoning Board of Appeals to grant variances in accordance with the Zoning Bylaws and Section 10 of MGL c.40A"where the Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or srcrradrres but not affecting the General Business(GB)zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise, to the petitioner or applicant,and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw" Accordingly,based upon the information submitted as part of the public record,there are circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting generally the General Business zoning district in which the Property is located. In particular,the site has been used as a retail/office/grocery facility for over 40 years. The Petitioner is simply seeking to renew and upgrade the long-established uses at the building by the installation of new,modern facilities in a manner generally consistent with prior upgrade and modernization efforts approved by this Board and in substantially the same location as previously approved by this Board in the mid-1980s. Also,the Project would include the installation of a new decorative kiosk in substantially the same location as the existing ground sign approved by this Board in 1991. Due to the relatively odd shape of the lot,the proposed kiosk building must be located in the proposed configuration in order to both maintain as much parking as possible,and to respond to Town planning recommendations to attempt to locate improvements along Main Street. The pmposed building improvements are in substantially the same footprint area as the existing building area,and due to the relatively odd shape of the lot,and in particular,to the rear of the lot,the proposed building renovations must be looted in the Proposed configuration in order to maintain the viability this shopping center. Moreover,while the proposed Project will require the requested variance relief;the Project in certain circumstances results in a decrease in non-conformity with the Zoning Bylaw. For example,the entire length of the pmposed portion of the building along First Street(except for the prescription drive-through facilities)wick comply with the 25 foot setback requirement where the existing building is set back less than 22 feet. Further,because of the odd shape of the lot,any improvements on the Property must be generally moved and relocated closer to the center of the lot. The size of the remaining buildable lot area would not permit a viable building to be constructed and still maintain strict compliance with the required front yard setbacks, rear yard buffer, parking requirements,as well as landscaping and buffering requirements under the Zoning Bylaws. However,the improvements shown on the Site Plans have been redesigned to substantially increase landscaping and screening in the front and side yards,as well as to the rear of the site,in order to enhance the site aesthetics and buffering. Due to the relatively odd shape of this lot which is bordered by three streets,it would be poor design and possibly mow safety to crowd all the proposed improvements together toward the center or the front of the lot in order to comply with existing zoning requirements. In addition,the Petitioner has demonstrated that a literal enforcement of the pmvisious of the Zoning Bylaw would involve substantial hardship,financial or otherwise,to the Petitioner. With respect to the dimensional,parking and other requested variances;the Petitioner's proposed improvements could not be safely constructed within the constraints imposed by the Zoning Bylaw. To impose the required setback and parking requirements under the Zoning Bylaw,the Petitioner would have to substantially reduce 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com v building size and/or eliminate the kiosk structure,which would materially impact the financial viability of the site as a shopping center.The site would otherwise be an underutilized site located on Main Street and in the middle of the Downtown Center of the Town within the General Business Zone,and without the requested variance relief the redevelopment of which will never be economically practicable for the reasons stated above and as further described in the public record The conditions causing this hardship are not particular to the Petitioner,but would be encountered and would need to be dealt with by any person who would undertake the development of this Property. Moreover,the desired zoning relief will cause no detriment to the public good for the following reasons. First,the uses of the Property will remain substantially the same as they have been used over the past 40 years,so there would be no adverse impact upon other properties within the same district. Second, the shopping center is one of the cornerstones of the Town's efforts to revitalize the downtown area,and the proposed improvements will enhance neighborhood aesthetics and set the standard for future redevelopment efforts within the downtown area.Third,although the site landscaping buffering requirements will not technically meet the requirements of the Zoning Bylaw which were enacted in 1987, landscaping and screening will be substantially improved along the fiont and rear yards from existing conditions,and the Project will result in a net increase in landscaping. Fourth,although the required parking will not comply with current parking requirements,the parking did comply with the 8.1(Off-Street Parking)regulations for the General Business(GB)Zoning District in effect when the Planning Board issued a Site Plan Approval Decision for the Property in 1986. The parking provisions in effect at the time Of the 1986 Site Plan Approval Decision provided that"Establishments located within 350 feet of a municipal parking lot shall have 50 percent of the required number of parking spaces.". The Project will maintain generally the same number of parking spaces in and along the Property for approximately the same amount of building square footage as currently existing. Therefore,the proposed Project will not generate impacts to existing traffic levels or increase congestion in and around the Property and surrounding area. Fifth,the proposed improvements will in fact substantially improve safety on-and off- site due to improved aisle configuration and traffic circulation patterns. Lastly,the Project will substantially enhance the aesthetics of the downtown and surrounding area due to improved landscaping and lighting,enhanced traffic circulation,and a more attractive building design. CONDITIONS OF APPROVAL The Board finds that the Shopping Center Petition and the Kiosk Petition and plans submitted by the Petitioner comply with all applicable provisions of the Zoning Bylaws as modified in this Decision,but that such grant of the requested relief is subject to the following conditions: 1. The Project shall be constructed on the Property in accordance with the plans described below and collectively,the plans referenced in this Condition No. l shall hereinafter be referred to as the "Site Plans"unless otherwise described in this Decision. Site: 109-123 Main Street 29,Lot 48),North Andover,MA 01845 Site Plan Title: Variance Plan,Messina's Market, 109-123 Main Street in North Andover, MA,prepared for San Lau Realty Trust, 109-123 Main Street,North Andover,MA Date(&Revised Dates) February 12,2007,Rev.March 13, 2007 RP.L.S. Stephen M.Melesciuc,R.P.L.S.#39049,Marchionda&Associates LP, 62 Montvale Avenue,Suite 1, Stoneham,MA 02180 Sheet/Drawing: Sheet 1 of 1 (Scale F=40') Plan Title: Site Plan Review&Special Permit Application Plans for.Messim's Shopping Center,North Andover,Massachusetts, April 12,2007 owner: San Lau Trust, 109 Main Strom,North Andover,MA 01845 4 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Registered Professional John Barrows,P.E.#40052,Marehionda&Associates LP, Engineer 62 Montvale Avenue, Suite I, Stoneham,MA 02180 Date(&Revised Dates) October 31,2006,Rev. 12/5/06, 1/17/07, 3/14/07,4/9/07,&4/12/07. Sheet/Drawing: C-1 through C-5 Registered Professional Christian C.Huntress,R.L.A.#1178,Huntress Associates,Inc., Architect 17 Tewksbury Street,Andover,Massachusetts 01810 Date(&Revised Dates) 1.19.07,3.7.07,4.9.07, &4.12.07 Sheet/Drawing: SP-1,L-1,L-2,&L-3 Registered Professional Stephen W.Livermore,RA. #5294,HH Morant, Inc.,P.O.Box 4485, Architect 221 Washington Street, Salem,Massachusetts 01970-3633 Date(&Revised Dates) October 21,2006,January 17, 2007,April 28,2007 Sheet/Drawing: Exl.1,Exl.2,Ex2.1,Al.1,A1.2,A2.1,&A2.2. 2. The Petitioner shall comply with all conditions and with special attention to the screening of residential properties as described in the Planning Board Site Plan Special Permit,Date of Decision: May 1, 2007,Findings of Fact 4b.,Special Conditions lg.,7c.,8a&8b.,and 13. 3. Truck deliveries shall follow the requirements of the Planning Board Site Plan Spacial Permit, Date of Decision:May 1,2007,Special Condition#22. 4. Trucks making deliveries to the property shall comply with all applicable federal and state laws and regulations governing engine idling,including but not limited to Mass.Gen.L.ch.90,§16A("Stopped motor vehicles;operation of engine;time limit;penalty")and applicable EPA regulations on truck engine idling. 5. This Variance Decision,which includes a demon on both the Shopping Center Variance Petition 2007-004A and the Kiosk Variance Petition 2007-004B,supersede in its entirety,the Zoning Board of Appeals Variance Decision(Petition No. 35-84),dated June 19, 1984(Rev. July 17, 1984),issued to San Lau Realty Trust,and recorded with the Essex North District Registry of Deeds in Book 1858,Page 172, and well as the Zoning Board of Appeals Variance Decision(Petition No.91-88),dated October 16, 1987, issued to San Lau Realty Trust,recorded with said Deeds in Book 2725,Page 74. Note-. 1.As required by Section 10.4 of the Zoning Bylaws,and Section 10 of M.G.L.c.40A,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 ane 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 after notice,and a new hearing. 1 � Norifi Andover Zoning Board of Appeals Ellen P.McIntyre, lice Chairman Richard J.Byers,Esq., Clerk Joseph D.LaGrasse Associate Members Thomas D. Ippolito Decision 2007.004A&2007-004B. M29P48. 5 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.toAmofnorthandover.com i I H Q\ NOTES 1.� •y�, 1. 11-E 91E IS NOT LC(ATED WTHN A FDS FLOCD ATE OR STEPhEN°M: WTHN THE TOM OF NORTH A WVER'S FLOOD RAN OISIRCT. alE1F$CIUCT-+t 2 THE 9TE IS NOT LOCATED WTHN THE TOMCF NORM ti SCHOOL STREET '� �•' ����'��4SiRCT AhDD�52 r A3 TW STE ISlED IN TH=M RAL 1.19NSS GE � "�"' S58'53'37•W '85.42'.:. . ._..,., QHD 4_ aTING D151RC� 0 K LAJ 4. Riff LOT OD ZACE=31% UJO v r . .�•, Rcpam)Lar amRAE_ O Q Qo1v ''2o2s•�.— fit,` � w - z 5 WED ON SCS SOL MAPPING THE LNERLIING SOILS AHE >; N - `` „..• CM1TN SOLS(From GRap"Er� c9was aloft NIP• W �l ) 1� 1 Y ' � � <. , C ,iA.r.x•.'+, F' O Z ice/ .:.. � .S 50 52'1N t to.00 C It fi I'•. s \ Gn 0 .. Lr) Y;-e !,� `tF„-:•G.tl'- - ;tlop - .. Q. .gyp. ` 00 LAJ (J` le. �j` .S• � •GVi P.m,umew.t:ms:-x_, a+u .. '• � 4•,'�. f •+. I .>:,... K) i" Ww R" a"i. _, ,I u,er•.,.uue+-v,:;. <+•w , %, I. Q ICY e in 4 40 U. .� EXISTING BUILDING LINE i±M•_e;:ewl _-III tawp ' I� a ' 278 PROPOSED BUILDING LINE _ r ' EXISTING OF PAVEMENT � I ' ' I ',I' �,.. „� <v, �,.,ri• PROPOSED ROOF LINE _ur•. jli _.: 240 14.9. LLJ Q air it © b ® C�. C ;r , r.:,, I ti.;<,,¢r W 2LY �' ••R •y: �i QIP Q -� 0 MO. '$ .�. .i L.' $ c Q N Q •:�•' Z Q o 9 :2 z py ' a ,. •. 1SCL L:� u � L � NQ b f PE ASSESSORS MAP 29 PARCEL 48 ;•+:Y` >w I •�•� Z n EXISTING = 24r co N PYEM NT 90 I PROPOSED DRIVE THRU ROOF teo ® rn. i 6 6' r March-landa6.63EXISTING - EDGE OF & Associates, L.P. . Roof Lines ©' 24." - PAVEMENT �y a; a •• 63.8 mm�ae g ConsultantsPROPOSED0 ® 3hu KIOSK 62 MONTVALE AVE., SUITE I t. �r 1►.N STONEHAM,MA 02180 6.39; , . - '' •- '" .-. WJ Qj I (781)438-6121 FAX: (781)438-9654 C.'uNx+ri i�,ll MYd ;, , Qq q;�Kx^.r>119,-- CVNr � efly ry .y,.�.d ,F yY.41 _ V - A, 2"'k- - :A== _ - .:�"r'i> :;- DATE: February 12 2007 v . _.W_ - ....—----' qac r.:- - nnr,' -. _'_ .__' _c =.._ __- -_ X_�:„ ._ -`. -` - �p�y.., ,'a_:a'.• ,:.1 •4' i ., _. _ ..._ .........._ . �_�?•,.. .w - __ '- _ _ r -" Rev. March 13, 2007 10.2' 20 O 40 H R:\P ..\7 - ..\Plans\Var..Plan . >w F/i?ST STREET SCALE: 0' SHEET 1 OF 1 i Y Document A101" - 199? Standard Fora of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the ?41- day of Mpteinber in the year of 2007 (In words, indicate do),, month and year) BETWEEN the Owner.: (Name,address and other information.) This document has important Sari Lau Realty Trust legal consequences. 1.09-123 Main Street Consultation with an attorney North Andover, MA 01845 is encouraged with respect to its completion or modification. AIA Document A201-1997, General Conditions of the Contract for Construction,is adopted in this document by and the Contractor: reference.Do not use with other (Name, address and other inforn.ation) general conditions unless this document is modified. Pinncon LLC 101 Campanel li Drive This document has been Braintree, 'MA 02184 approved and endorsed by The Associated General Contractors of America. The Project.is: (Name and location) Demolition of existing facility and construction of new CVS facility .Messina Shopping Center 109-123 Main Street North Andover, MA 01845 The Architect is: (Name,address and other information) H. H. Morant & Co. , Inc. 221 Washington Street Box 4485 Salem, MA :01970 The Owner and Contractor a-ree as follows. /tf ` AIA Document A101 M—1997.Copyright ©1915.1918,1925,1937,1951,1956,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AW'Document is protected by U.S.Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA` Document,or any portion of it,may result In severe civil and criminal penalties,and will be 1 prosecuted to the maximum extent possible under the lave.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions).Drawings.Specifications.Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or-agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article S. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents° except to the extent specifically indicated in the Contract Documents to be the responsibility of others. - ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION` §3.1 The date of commencement of the Work shall be the date of'this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice.to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed.) The date of commencement of the Work shall be the date of issuance of a building permit from the Town of North Andover., provided that promptly following execution of this Agreement, Contractor shall file an applica- tion for such building permit with the Town of North Andover and shall ftllrngtttl pursue �slnlctefi Sf the same. -- . pn o e m encement o 1e or c, a wner requires.ttt:n t6 le mortgages,mechanic's liens and other security interests.the Owner's time requirement shall be as fdHbws:'` §3.2 The Contract Time shall be measured from the date of commencement. §3.3 The Contractor shall achieve Substantial Completion of the entire Work-hotlater than -days fromtheYlate•of-cvtrtmelzivelttent-el-asfaflwvs- `-aa}t��_��.y---=8'9$ (Insert number of calendar days.Alternatively,a calendar•date may be used wizen coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents,insert any requirements for earlier Substantial Completion of certain portions of the Work) 133 days from the date of issuance of the building permit, and shall achieve final completion of the Work no later than tja&nty—one days after the date of Substantial Completion subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert prof i.sions, if amy,for liquidated.damages relating to failure to complete on time or for bonus payments for early completionof the Work.) ARTICLE 4 CONTRACT SUM = §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Coritractor's performance of the Contract.The Contract Sum shall be One Million Two Hundred:_Fifty Thousand Dollars 5 1,2 5 0, 0 0 0. 0 0), subject to additions and deductions as providedin Contract Documents. ,k 4'\ AIA Do T+•+— Document A101 1997.Copyright ©1915,1918,1925,1937.1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects.All rights reserved. i .M:r ;s a:oteczecT py ti.S.Copyright Law ar?c'tntvrnationa:'+zaTies• MR. asL1t,if.saver^civil andC7'ii t71f.2:i3cn2ITl3 �?t"[:f r:�l; S_'•'_• G Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §4.2 The Contract:Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the riumbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreentent,attach a schedule of such other alternates showing the amount for each and the date when that amount expires) None permitted §4.3 Unit prices,if any,are as follows: None ARTICLES PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based'upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment`issued by the Architect.the Owner shall make progress payments onaccount of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5..1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §5:1.3 Provided.that an Application for Payment is received by the Architect not later than the twentieth day of a month,the Owner shall mala payment to the Contractor not later than the twenty—fifth day of the f ollowing month.If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than f orty ( 40 }days after the Architect receives the Application for Payment. §5.1.4 Each Application for Payment shall`be based on the most recent schedule of values submitted by'the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accur-acy..as.the Architect may require. This schedule,unless objected tcrbythe Architect,shall be used as.a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment, f I I AIA Document A101'n^—1997.Copyright U 1915,1918,1925 1 915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects.All rights reserved.WARNING..This AIA" Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIR"'Document,or any portion of It,may result in severe civil and criminal penalties,and will be Prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. * reasonably determined by the Architect. §5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of valves,less retainage of ten percent( 10 ^tic).Pending final determination of cost to the Owner of changes;in the Work, amounts not in dispute shall be included ac p£e�ttiekd it3-Se�6isa- ��afI�-Dostta€ t- �91�`ag;i-* .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed:upon in writing),less retainage of ten percent ( 10 %); .3 Subtract the a--re-ate of previous payments made by.the'Owner;and .4 Subtract amounts,if any,for which the Architect..has'•withheld or nullified a Certificate for Payment as provided in Section 9-5- -ArfhiF?actmmnt*?_&�- 9.03 of the General Conditions. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances= and with the consent of the surety: J add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine far incomplete Work,retainage applicable to such work and unsettled claims;�- .f�c+�tir �.S.�i� 411 i�ruaeut 1281- �9£ .zecluixas z !�a,o app isa6k44*k4uagr-"P•Stibstarati - ...C.saurPletirtu.r.�i�laxk wirla_causetu�xtrl�cty.-i�'atzY-�- ..: . .' �---add- f xiel a oeia�raf-tl�e-W le t6 Ehereetze�t�eteL any-del+ Bret r*@-faH4- 4he-G9Rtraeteri- -apy additiexala to�tats-pmyal�l€-iia ac+erdaase=wit ;i;c.�ier�9-�4-3-0€ Pec�ti$et A 1-1-997, ���.�ltetlaefirtxt ar-li�ritatjvrrc�€retaifiltr�-i�stl�.;ikafl-be ss-fellaevs: {!f it is intended,prior to Substantial Completion of the entire Work-,to reduce or limit the retainage resulting from. the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above,and this is not explained elsewhere in4he Contract Documents. insert here provisions,forsuch reduction or limitation.) §5.1.9 Except with the Owner's prior approval.,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment:constituting the entire unpaid balance of the Contract Stun,shall be made by the Owner to the Contractor when: .1 the Contractor has full),performed the Contract except for the Contractors responsibility to correct Work as provided in Section P.:72-2-of Alik-Be--wnent-AD-4i-l•99'7-and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. **12.02 of the General. Conditions- §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of.-the Architect's final Certificate for Payment,or as follows: ARTICLE 6 TERMINATION OR SUSPENSION §6,1 The Contract may be terminated by the Owner or the Contractor as provided in -e ,4FI3oeecxc�t- A224-499?- the General Conditions. §6.2 The Work maybe suspended by the Owner as provided in the "All-; 1 General Conditions. � ,`yl 1 AIA Document A101-Pa-1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects.Ail rights reserved. ............... .... ..:. ^..cT!:ar=7 is orotecied n r i1.�.�onyr;gfri 11c. a .c international Tresi'se . tn;e e e chi I is C.1'ir7!Rui�e nd4!tas.a wil I .. i t t i . - Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents.a-mail The American Institute of Architects'legal counsel,copyright@aia.org. I ARTICLE 7 MISCELLANEOUS PROVISIONS §7.1 Where reference is made in this Agreement to a provision another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below.or in the absence thereof,at the legal rate prevailing from time to time at the place where.-the,'-project is located. (Insert rate of interest agreed upon, if any.) eight percent f 8 ) per annum (Usury laths and requirements under the Federal Truth in Lefuling Act:_similar state and local consumer credit laws and other reg Mentions at the Owner's and Contractor's principal.places Of business, the location of the Project and r elsewhere nraof feet the validity of this provision. Legal aduice s/ioald be obtained with respect to deletions or modifications. and also regarding requirements such as written-disclosures or waivers.) §7.3 The Owner's representative is: (Nance,address curd other information) R. Eric Rumpf Rumpf Group, Ltd. P.O. Box 4483 Salem, MA 01970 §7.4 The Contractor's representative'.is: (Natne,address and other information) James Thompson Pinncon LLC 101 Campanelli Drive Braintree, MA 02184 §7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other part). § 7.6 Other provisions: See Rider A attached hereto° and made a part hereof.-as thel.General Conditions of the Contract Vi 16 AIA Document A101ul—1997.Copyright ©1915,1918,1925.1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The ^^. '. ... .._ .r`.^... All ,.... .. -_ r.. `. r:l iE':ri):':' ?iL'CS[?.".';bV U,�,C opyrigh.-e'Lar:and imtCrnational::eF7Y193. American Institute of Architects.A I rights reserved.i^!1`:r.li.._: i;. :,: :an,t anti ;;a:`!2,P.m."result in severe civil ana cr in:inai c>^naities:.ant will p:_ Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,a-mail The American Institute of Architects'legal counsel,copyright@aia.org. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS §8.1 The Contract Documents, except for Modifications issued after execution of this Agreement.are enumerated as follows: §8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor.AIA Document A101-1997. §8.1.2 The General Conditions are the— 412e-dit�of ilia Ge�terel-E-ot�dit�tx�s-ef�he-Cent�aQt-fer£�rr teEier�Pr -Deeume,,A-A-'_)81--}99-7- attached hereto as Rider A.and supersede and replace the General Conditions contained in the Project Manual. §8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual-det-ed- - AgctatR@n;-------------------•�'itk---------------- Rages— entitled "General Contract Bid and Specifications Manual, ver. 1.1" dated June, 1, 2007 and amended by Addendum Number 1 dated June 21, 2007 , prepared by the Architect, as the same pertain to Phase I as described therein §8.1.4 The Specifications are those contained in.the Project Manual dated as in Section 13.1..3rattd ere ss�ft�l�cnvs— (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Sc arr--------------------Title----------------ft7_ 7 as the same pertain to Phase I as described therein §8,1.5 The Drawings are as follows,and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date See Rider B attached hereto and made a part hereof l u- v� � AIA Document A101TM—1997.Copyright n 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and internntionaf Treaties. Unauthorized reproduction or distribution of this AIA"Document.orany portion of i;.may result in severe civil and crlmmai penalties,and will be prosecuted to the maximum extent possible under the taws.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §8.1.6 The Addenda,if any,are as follows: Number Date Pages None Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements:are also enumerated in this Article 8. §8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201- 1997 provides that bidding,requirements such as advertisement or invitation to hid. Instructions to Bidders, sample forms and the Contra.ctor`s•bid are not part of the Contract Documents unless enumerated in this Agreement. The), should be listed here onlY if intended to be part of the Contract Documents..) Qualifications to bid dated July 17, 2007 and attached hereto,as Rider C. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies:of which one is to be delivered to the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. San Lau Realty Trust Pinncon LLC 13 _'�� (� ��� n2'i�-- o 14'Ek(Sign aturh- d tgnature) Executive 14,AAlc t . �C �� James Thompson,/Vice President (Printed name and title) (Printed name and title) Trustee as aforesaid and not individually CAUTION:You should sign an original AIA Contract Document,on which this text appears in REED.An original assures that chances will not be obscured. AIA Document A101 mi-1997.Copyright 01915,1918,1925,1937,1951, 1958,1961,1963,1967,1974,1977,1980,1967,1991 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AiA` Document is protected by U.S.Copyrigut Law and international Treaties. 7 Unauthorized reproduction or distribution of this AIA` Document,or any portion of K.may result in severe civil and criminal penalties,anti will o+ prosecuted to the maximum extant possibie under the law.purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel.copyright@aia.org. RIDER A--THE GENERAL CONDITIONS OF THE CONTRACT between San Lau Realty Trust and Pinncon LLC, dated September 12, 2007 1.0 General 1.01 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Work of the Contract shall consist of construction materials, labor,equipment and services required by the Drawings, Specifications and other Contract Documents,or as reasonably inferable from any or all of the Contract Documents. The Work shall be for the whole of the Project as described in the Construction 1.1, v S Agreement,which Project is also described as Phase I in the General Contract Bid and Specifications Manuel,ver. dated June 1, 2007, as amended by Addendum Number 1 dated June 21,2007 and prepared by the Architect(the"Project Manual"). 1.02 The Work of the Project shall comply in all respects with applicable federal, state, county and/or city regulations, laws,orders,permits and codes. Required building and other permits shall be obtained before beginning construction. 1.03 Materials and workmanship shall be equal to the highest standard and shall be to the satisfaction of the Owner. They shall also be in accordance with current industry standards such as:the American Society of Mechanical Engineers, American Society of Testing Materials,The American Water Works Association,The American Institute of Electrical Engineers,The National Board of Fire Underwriters and The American Society of Heating and Ventilating Engineers. 1.04 Substitution of items will not be permitted unless specifically approved by the Owner in writing. 1.05 Execution of the Contract by.the Contractor is a representation that Contractor has visited the site,become generally familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. 2.0 Owner 2.01 The Owner shall furnish the Contractor with a survey of the Project site if required. 2.02 Except as otherwise provided in the Contract Documents,the Owner shall obtain and pay for the necessary approvals, easements and/or variances required for the construction of the Project. 2.03 If the Contractor fails to continuously conduct and timely complete the Work, or part of the Work,in accordance with the Contract Documents, or fails to promptly correct any discrepancies from the requirements of the Contract Documents,the Owner may,by written order, stop work on all or part of the Project until the cause has been corrected. 2.04 The Owner reserves the right for Owner and its tenants to occupy and use other portions of the Project site and the buildings and improvements thereon, at any time without in any way invalidating this Agreement. An additional fee may be charged to the Owner by the Contractor if the Owner's occupancy materially interferes with the progress of the Project Project and the Contractor's costs are increased as a result of such interference. Additional time for completion of the ) may also be required if the Owner's occupancy delays the completion of the Work. 2.05 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may, after such seven day period give the Contractor a second written notice to correct such deficiencies'within a three day period. If the Contractor within such three day period after receipt of such second notice fails to commence and cure any deficiencies,the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, r, � including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. 3.0 Contractor 3.01 The Contractor shall be solely responsible for the Work described in the Contract Documents. Subject to the specific requirements of the Contract Documents, it shall have complete control over construction methods,techniques and procedures and shall supervise such work with its best skill and attention. 3.02 The Contractor shall provide and pay for labor, equipment,materials,utilities and services required to complete the Work as described in the Contract Documents as well as building permits and other governmental fees, licenses and inspections necessary for the proper completion of the Work. 3.03 Contractors and Subcontractors shall be bondable,licensed contractors and will coordinate their work with that of other contractors so that all work will be in harmony with the other contractors on the Project. 3.04 The Contractor warrants to the Owner that materials and equipment required to complete the Work will be of good quality and new,unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. 3.05 The Contractor shall take care in working near existing buildings and improved areas to protect them from damage. The Contractor shall be responsible for any damage to such areas and will repair such damage, at its expense,to the Owner's satisfaction. The Contractor shall confine operations at the site to areas permitted by law, ordinances,permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. 3.06 The Contractor shall keep the Project site and surrounding area free from waste materials and rubbish which results from its Work. Removal,hauling and disposal of rubbish and waste materials shall be the responsibility of the Contractor or as stipulated in the Specifications contained in the Project Manual. If the Contractor fails to clean up at the completion of the Work,the Owner may do so as provided in Paragraph 2.05 hereof and the cost thereof shall be charged to the Contractor. 3.07 The Contractor shall be held responsible for all damages resulting from its employees' and its subcontractors' and . their respective agents' and employees' acts, errors, omissions or negligence in the performance of the Work. 3.08 The Contractor shall indemnify and hold harmless the Owner,its agents and employees from and against claims, damages, losses, expenses, legal fees or other costs resulting from the Contractor's performance of the Work. 3.09 The Contractor shall provide the Owner and the Architect access to the Work. 3.10 Neither the Contractor nor any sub-contractor or supplier shall own or claim any ownership or copyrights in any of the Contract Documents. 4.0 Subcontractors 4.01 The Contractor shall select the subcontractors, except that it shall not use subcontractors to whom the Owner has a reasonable objection.The Contractor shall not be required to use a subcontractor to whom it has a reasonable objection. 4.02 The Contractor shall promptly furnish to the Architect in writing the names of the persons or entities proposed for each principal portion of the Work. 1 � 4.03 By an appropriate written agreement,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor,by these Documents,assumes toward the Owner and the Architect. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with his Sub-subcontractors. 4.04 Each subcontract agreement is hereby assigned by the Contractor to the Owner, effective only upon termination hereof as provided in Paragraph 13.02 hereof and only for those subcontract agreements which the Owner accepts by notifying the Contractor and Subcontractor in writing, and subject to any prior rights of the surety. 5.0 Disputes 5.01 Any claims or disputes between the Contractor and the Owner arising from this Agreement shall be resolved by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association unless both parties agree otherwise. Pending final resolution of a dispute(unless the Contract as been terminated as provided in Paragraph 13.0 hereof),the Contractor shall proceed diligently with performance of the Contract and Owner shall continue to pay undisputed payments in accordance with the Contract Documents. 6.0 Work by Other Contractors 6.01 The Owner reserves the right to perform and to award separate contracts in connection with other work on the site(including without limitation Phase II as described in the Project Manual). 6.02 Contractors and subcontractors shall work in harmony with others on the Project,Phase II and the site, shall afford the Owner and other contractors and subcontractors reasonable opportunity for the storage of materials and equipment, and shall connect and coordinate the Work with their work. 7.0 Changes 7.01 Changes,modifications,additions and/or deletions to the Work under this Contract will only be made by written order signed by the Owner and the Contractor. Any such changes will not invalidate the Contract.If appropriate,the time for Project completion and the Project cost will be adjusted accordingly. 8.0 Time 8.01 If at any time the Contractor is delayed in performing the Work under this Contract by Owner-requested changes, labor disputes, fire or other circumstances over which the Contractor has no control,the contract time shall be extended by the same amount of time as was caused by the delay. 8.02 The Architect will conduct inspections to determine the dates of Substantial Completion and final completion of the Work. Time limits stated in the Contract Documents are of the essence of the Contract. The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. By executing the Agreement, Contractor agrees that the Contract Time is a reasonable period for performing the Work. 9. Payments 9.01 Payments will be made by the Owner to the Contractor in accordance with the payment schedule stipulated in the Agreement. All Applications for Payment shall be notarized,if requested, and supported by such data substantiating the Contractor's right to payment as the Owner may require. 9.02 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates of Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge, information and belief,be free and clear of all liens, claims, security interests or encumbrances, in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor,materials and equipment relating to the Work. 9.03 Certificates for Payments and payments may be withheld because of any of the following conditions a. Defective work not corrected. b. Failure of the Contractor to make payments to subcontractors or for materials, labor, equipment or services if payment(less applicable retainage)has been received by Contractor from Owner for such materials,labor, equipment or services. C. Continued failure to perform the work in accordance with the terms and conditions set forth in this Agreement. d. Legal or other claims by third parties relating to the work performed under the Agreement. e. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum. f. Damage to the Owner or another contractor. g. Reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance will not be adequate to cover actual or liquidated damages for the anticipated delay. 9.04 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work,the amount to which said Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall by an appropriate agreement with each Subcontractor,require each Subcontractor to make payment to Sub-subcontractors in a similar manner. 9.05 Final payment shall become due when the Work of the Agreement is completed in accordance with the Contract Documents. Neither the final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(1) an affidavit that payrolls,bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible,have been paid or otherwise satisfied, a certificate evidencing that insurance required b the Contract Documents to remain in force after final payment is (2) g q Y currently in effect and will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4)consent of surety, if any,to final payment and(5) , if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts,releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. 9.06 The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Payment. 10.0 Insurance 10.1 Prior to commencement of the Work,the Contractor shall furnish the Owner with the following certificates of insurance in the amounts indicated or other amounts as required by law, whichever is greater: a. Workmen's Compensation Insurance in the amount required by law b. General liability insurance of not less than$2,000,000 each occurrence and$2,000,000 aggregate for bodily injury including Personal Injury. C. Property Damage insurance in not less than$2,000,000 i d. Contractual liability insurance covering its obligations under Paragraph 3.08 hereof i PART 1-Comprehensive Automobile Liability in the amount of not less than$1,000,000 each person, $1,000,000 j each occurrence, and Property Damage in the amount of$1,000,000 each accident. Such certificates shall be reasonably acceptable to Owner may reasonably require,and such coverage shall be maintained throughout the progress of the Work until the date of final payment. 10.02 The Owner shall maintain property insurance for the Project to its full insurable value.This insurance shall include the interests of the bank, or other mortgage holder, if any, and the Owner and shall insure against "all risks" of physical loss or damage. 11.0 Work Safety 11.01 The Contractor is responsible for establishing, supervising and maintaining all safety precautions in connection with the Work performed under this Contract, including without limitation reasonable protection to prevent damage, injury or loss to the Work, all workmen,tenants at the site, and other property and improvements at the site or adjacent thereto. 11.02 The Contractor shall comply with federal, state and local laws and regulations applicable to the safety of persons and property and their protection from damage,injury or loss. 11.03 The Contractor shall promptly remedy all damage or loss to any property referred to in Paragraph 11.01 caused in whole or in part by the Contractor, any Subcontractor, any Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable and for which the Contractor is responsible under Paragraph 11.01. The foregoing obligations of the Contractor are in addition to its obligations under Paragraphs 3.07 and 3.08. 12.0 Correction of Deficiencies 12.01 The Contractor shall promptly correct at its expense any deficiencies in the Work, any work not in accordance b d jecte with the Contract Documents and/or any Work rejected y the Owner. 12.02 The Contractor and Subcontractors shall provide guarantees of workmanship for at least one (1)year from the time of final completion of their Work under the Contract Documents. If,within the period of such guarantee, any of the Work is found to be not in accordance with the Contract Documents,the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so(unless the Owner has previously given the Contractor a written acceptance and express waiver of such condition). Such corrected Work shall be of good quality free from all faults and defects and in conformance with the Contract Documents. The Owner shall give such notice promptly after discovery of the condition. 13.0 Termination of the Agreement 13.01 If the Owner fails to make payment under the terms of the Agreement,through no fault of the Contractor or a Subcontractor,the Contractor may,upon seven(7) days written notice to the Owner,terminate the Contract. The Owner shall pay for Work completed and any proven loss with respect to materials, equipment and machinery and reasonable profit applicable to the Work completed under this Agreement. 13.02 If the Contractor fails to carry out the Work in accordance with the Agreement and other Contract Documents, the Owner may,upon seven(7)days written notice to the Contractor,terminate the Contract, take possession of the site and of all materials,equipment,tools, construction equipment and machinery thereon owned by the Contractor,and finish the w Work by whatever method the Owner determines. If the cost of completing the Work exceeds the balance due under this Agreement,the difference is to be paid to the Owner by the Contractor. 14.0 Jurisdiction 14.01 This agreement shall be governed by the laws of the Commonwealth of Massachusetts. 15.0 Miscellaneous 15.01 Except for an assignment by Owner to an institutional lender providing financing for the Project,neither party to the Contract shall assign the Contract as a whole without written consent of the other. 15.02 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 15.03 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations,rights and remedies otherwise imposed or available by law or in equity. 15.04 No action or failure to act by the Owner,Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 15.05 The provisions of these General Conditions supersede and replace the provisions of the General Conditions contained at Section 700 of the Project Manual. 15.06 The obligations of the parties under the Contract Documents which by the terms thereof are to be or may be performed after final payment under or termination of the Contract and all warranties and guaranties of the parties (including without limitation the provisions of Paragraphs 2.05, 3.07, 3.08, 3.10,4.04, 5.01, 9.02, 9.04, 9.06, 11.03, 12.0, 13.0, and this 15.0) shall survive such final payment and any such termination. PART 1 -Other Provisions These General Conditions entered into this 12a'day of September,2007 San Lau Realty Trust Pinncon LLC By: Y: Printed Name: r, A) = �'��55� ` Printed Name: James Thompson as Trustee and not Individuilly Executive Vice President RIDER B—The List of Drawings as set forth in Section 8.1.5 of the Agreement between San Lau Realty Trust and Pinncon LLC, dated September 12,2007 - Permit Set dated June 1, 2007 List Of Drawings: Civil: r C-1 Existing Conditions Survey C( +- C-2 Layout Plans C-3 Grading &Utility Plans C-4 Site Details C-5 Site Details Landscape: + L-1 Landscape&Lighting Plan C���- AV-1°7 L-2 Site Improvement Details O(4'kn--L %I 1t,I&I L-3 Site Improvement Details &JUL kk 1�1 Architectural: Exl.1 Existing First Floor Plan Exl.2 Existing Second Floor Plan Ex2.1 Existing Exterior Elevations Ex3.1 Existing Sections D1.1 First Floor Demolition Plan D1.1 First Floor Demolition Plan(Phase 1) D1.2 Second Floor Demolition Plan D2.1 Demolition Elevations AL I First Floor Plan A1.1 First Floor Plan(Phase 1) A1.2 Second Floor Plan A1.3 Roof Plan&Details A1.4 Partial First Floor Plan/Partial First Floor Reflected Ceiling Plan(Building A-E) A1.5 Partial First Floor Plan(Building F) A1.6 Partial First Floor Plan(Building G) A1.7 Partial Second Floor Plan/Partial Second Floor Reflected Ceiling Plan(Building A-E) A1.8 Partial Second Floor Plan(Building F) A1.9 Partial Second Floor Plan(Building G) ALIO ATM Building Floor Plan, Elevations, Details A2.1 Elevations A2.2 Elevations &Details A2.3 Elevations A3.1 Wall Sections A3.2 Wall Sections A3.3 Wall Sections A3.4 Wall Sections r A3.5 Wall Sections A3.6 Wall Sections A3.7 Wall Sections A3.8 Wall Sections A3.9 Wall Sections A3.10 Wall Sections A3.11 Wall Sections A3.12 Wall Sections &Details A3.13 Details A4.1 Partition Schedule A4.1 a Partition Schedule A4.2 Storefront Elevations A4.3 Door Schedule &Details A4.4 Room Finish Schedule, Door Elevations & Details A4.5 Window Schedule, Elevations &Details Structural: SIA Partial Foundation Plan & Details (Buildings A-E) S1.2 Partial Foundation Plan (Building F) S1.3 Partial Foundation Plan (Building G) S1.4 Second Floor Framing Plan& Lower Roof Framing (Building A-E) S1.5 Roof Framing Plan (Building A-E) S1.6 Roof Framing Plan (Building F) S 1.7 Roof Framing Plan (Building G) S1.8 False Roof Framing Plan (Building F) S 1.9 False Roof/Mezzanine Roof Framing Plan (Building G) S2.1 Structural Notes &Details Plumbing: P-2.00 Plumbing Notes & Legend P-201 Plumbing First Floor Retail Pharmacy P-202 Plumbing First Floor Retail Space P-203 Plumbing First Floor Retail Spaces 1-5 P-204 PlumbingSecond Floor and Roof Retail Spaces 1-5 P P-205 Plumbing Roof Plan Retail Pharmacy FP-2.00 Fire Protection Legend,Notes &Details FP-201 Fire Protection Retail Pharmacy FP-202 Fire Protection First Floor Retail Space FP-203 Fire Protection Second Floor Retail Space Mechanical: M-201 Mechanical Roof Plan II Electrical: E0.00 Electrical Symbol List & General Notes E1.00 Electrical Site Plan E2.00 Electrical First Floor Lighting Plan E3.00 Electrical First Floor Lighting &Power Plan E3.01 Electrical Second Floor Lighting &Power Plan E3.02 Partial Electrical Second Floor Lighting &Power Plan E3.03 Partial Electrical Second Floor Lighting &Power Plan E3.04 ATM Kiosk Lighting &Power Plan E4.00 Electrical Risers E4.01 Electrical Schedules and Risers E5.01 Electrical Details 4 RIDER C—Qualifications as set forth in Section 8.1.7 of the Agreement between San Lau Realty Trust and Pinncon LLC, dated September 12, 2007 QUALIFICATIONS July 17, 2007 1. Dumpster enclosure for the pharmacy is three sided with an 8' double gate. 2. Lift in Building"G" is excluded. 3. Construction of the sidewalk at the rear of Building G is included. No other construction is included for that area. 4. Door#19, double sliding entry(automatic entries) is excluded. 5. Concrete is based on using 3000psi, normal weight concrete for the project. If lightweight concrete is required please add the following: Building G Add $13,000 6. EPDM is included as Gen-flex. 7. Winter conditions and protection is excluded. 8. Ledge,unsuitable, contaminated and hazardous material are excluded. 9. Testing is by the owner. 10. Utility company back-charges are excluded. L S • COLLATERAL ASSIGNMENT OF CONSTRUCTION CONTRACT August 3�, 2007 WHEREAS, Anne M. Messina and Joseph A. Messina, Trustees of San Lau Realty Trust, having a mailing address of 109-123 Main Street, Suite E2,North Andover, MA 01845 (hereinafter, the "Assignor"), has entered into a certain Mortgage and Agreement(hereinafter the "Loan Agreement")with TD Banknorth,N.A., having a usual place of business at 370 Main Street, Worcester, Massachusetts ("Lender"). Pursuant to which the Lender has agreed to loan the Assignor the maximum aggregate sum of $9,000,000.00 pursuant to a Note (hereinafter the "Note"), for which sum is dedicated for construction at 109-123 Main Street, North Andover, Massachusetts together with certain infrastructure and site improvements (hereinafter, the"Improvements") on land located at 109-123 Main Street,North Andover, Massachusetts; and WHEREAS, The Assignor has entered into a Construction Contract between the Assignor and P�f IVC 04/ , (hereinafter"Contractor") as such may have amended from time to time in connection with the construction of the Improvements on the Premises; and WHEREAS, one of the conditions of the making of the Loan pursuant to the Loan Agreement is the collateral assignment of the Construction Contract by the Assignor to the Lender, such assignment being to secure the Assignor's prompt,punctual and faithful payment and performance under the Loan Agreement given to the Lender; NOW THEREFORE, and in consideration of the above, and of mutual covenants contained herein and benefits to be derived herefrom, the parties hereto agree as follows: 1. To secure the prompt,punctual and faithful payment and performance under Loan Agreement, the Assignor hereby assigns to the Lender all rights of the Assignor gnor under the Construction Contract. 2. This Assi ent is an assignment ssignment only of all of the rights which the Assignor may now or at any time hereafter have under,pursuant to or in respect of the Construction Contract or against the Contractor arising out of or under the Construction Contract. The Lender shall not be deemed by virtue of this Agreement to have assumed any of the obligations of the Assignor under the Construction Contract each of which obligations the Assignor covenants and agrees with the Lender to perform and observe as if this Agreement had not been made. The Lender is not under any liability of any kind to the Contract under,pursuant or in respect of the Construction.Contract or by reason of any labor or materials furnished by the Contractor to or for the account or benefit of the Assignor. By acceptance hereof, the Lender agrees not to exercise any rights under this Assignment except upon the occurrence of an Event of Default enumerated in the Loan Agreement. The Contractor may relay i conclusively upon any written notice given by the Lender to the Contractor of the occurrence of such Event of Default. Upon and after the given of such notice, and until further written notice from the Lender to the Contractor, the Lender may (but shall not be obligated to) exercise all rights granted the Lender under this Assignment. 3. The Assignor represents and warrants that the Construction Contract is in full force and effect and that there are no defaults under the Construction Contract by either party thereto, and that the Assignor has not made and will not make.any other assignment thereof. 4. The Assignor covenants and agrees that except upon the prior written consent of the Lender in each instance, the Assignor will not amend, change, modify, or terminate the Construction Contract, nor waive any provision thereof. S. Any action or proceedings to enforce this Assignment may be taken by the Lender either in its name or in the name of the Assignor as the Lender may deem necessary. 6. The Contractor hereby acknowledges this Assignment of the Construction Contract by the Assignor to the Lender and consents thereto. The Contractor agrees that it will furnish to the Lender copies of all written notices given to the Assignor with respect to any default of the Assignor thereunder, simultaneously with the giving of such notice to the Assignor, and anything in the Construction Contract to the contrary notwithstanding, agrees that the Lender shall have an opportunity to cure any such default within the time periods established in the Construction Contract. The Contractor further agrees that it will accept any such performance by the Lender which cures such default. So long as the Lender commences to cure or causes to be cured any such default within the time periods established in the Construction Contract, and the elimination of any such default is carried on with due diligence, the Contractor will continue to fully meet its obligations under the Construction Contract to the end that there shall be no interruption of the work called for thereby; provided, however, after the Lender assumes the obligations of the Assignor under the Construction Contract, the Lender will make payments then due and thereafter due from the Assignor as therein provided. 7. The Contractor covenants and agrees that except upon a prior written consent of the Lender in each instance, the Contractor will not amend, change or modify the Construction Contract. 8. The Contractor agrees that unless the Lender assumes the obligations of the Assignor under the Construction Contract, the Lender shall not be deemed to have assumed any of the obligations of Assignor under the Construction Contract, nor shall the Lender be under any liability of any kind to the Contractor under the Construction Contract or by reason of any labor or materials furnished by the Contractor to or for the account or benefit of the Assignor. This Assignment does not release or affect in any way the obligations of the Assignor to the Contractor. It is intended that this Agreement take effect as a sealed instrument as of the date first above written. Signed in the presence of: Anne M. Messina, Trustee of San Lau Realty Trust oseph A. Messina, T tee of SanLau Realty Trust Contractor By: Ltz--, TD Ban rth,N.A. By:f�' G The Commonwealth of Massachusetts Department of Industrial Accidents 1 s; f "l }. Office of Investigations ., 600 Washington Street �. Boston MA 02111 i� www.ntass.g ov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/tndividual): 21 ki �, C Address: City/State/Zip: —1�,Ccq tin i rce f M(l 6 a 1 PV Phone #: '� `� 35-6-56 6-5- Are Are you an employer?Check the appropriate box: Type of project(required): 1.❑ I am a employer with_ 4. 91 am a general contractor and 1 6. , ,New construction employees(full and/or part-time),* \have hired the sub-contractors 2.❑ 1 am a sole proprietor or partner- listed on.the attached sheet.1 7• ❑ Remodeling ship and.have no employees These sub-contractors have 8. ❑Demolition. workingfor me in an capacity. workers' comp. insurance. Y9. ❑ Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL 11. Plumbing repairs or additions myself. [No workers'comp. c. 152, §1(4),and we have no 12,❑ Roof repairs insurance required.]t employees. [No workers' comp. insurance required_] 13.❑Other 'Any applicant that checks boz#I must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of tate sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: c—Ln c e 06 0/_ Per4l SM f U 4 ni q Policy#or Self-ins. Lic.#: L �j ��J S`d'U Expiration Date:_ a1 3l O Job Site Address: /6c — /,P3 M-!Girl S4Ircc ( City/State/Zip: Xl, n rlcle vc r , M19 Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required.under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. do hereby certify under a pains ,4ndpe / hes of erjury that the information provided above is true and correct. t Signature: t� �� Date: la2o Phone 9: / Cs 5- 6-5- b("r Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1. Board of Health 2. Building Department 3.City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6.Other Contact Person: Phone#: ACORD CERTIFICATE OF LIABILITY INSURANCE CSR PR DATE(MM/DD/YYYY) PINNA-3 08/27/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MF&T Ins. Construction Div. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Construction Division HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 77 Accord Park Drive Unit B-1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. . Norwell MA 02061 Phone: 781-261-2000 INSURERS AFFORDING COVERAGE NAIC# INSURED Pinncon, LLC INSURER Travelers Insurance CO. Pinnacle Partners, LLC INSURER B: Ins .Co of Pennsylvania Pinnacle Partners, Inc. INSURER C. National Union Fire Insurance Pinncon, Inc. 101 Cam panelli Drive INSURER D' Braintree MA 02184 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ti POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MMIDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 A IX COMMERCIAL GENERAL LIABILITY DT-CO-463D6626-IND-0612/31/0612/31/07 IZU PREMISES(Eaoccurence) $ 300000 CLAIMS MADE D OCCUR MED EXP(Any one person) g 5,000 5--,000 Property PERSONAL&ADV INJURY $ 1,000,000 Damage Deductible GENERAL AGGREGATE s 2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG S2,000,000 POLICY�1 PE� �I LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 A ANY AUTO DTAD-810-463D6636-COF-06 12/31/06 12/31/07 (Ea accident) r r X ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) s I X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X MxColl Comp Ded $500 PROPERTY DAMAGE $ X Ded $500 I(Per accident) GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT s ANY AUTO OTHER THAN EA ACC I $ IHAUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE I S, 18,000,000 C IF OCCUR CLAIMSMADE BE6799669 12/31/06 12/31/07 AGGREGATE $ 18 QQQ QQQ $ DEDUCTIBLE I $ RETENTION s10,000 I s WORKERS COMPENSATION AND j X TORY LIMITS I ER _ B EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC8979560 12/31/06 12/31/07 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? It yes.describe under E.L.DISEASE-EA EMPLOYEEI s 5 O 0,0 0 0 I SPECIAL PROVISIONS below E.L.DISEASE-POLICYLIMIT I $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUT ED REP S TATI ACORD 25(2001/08) ©ACORD CORPORATION 1988 �ow"A&W'e , RE.G ATIONS BOARD OF BUILDING SUPERVISOR License: cONSTRUCTION Number;:Cs 069376 ►. _ B►r<hdte U81011N964 -fr.no1344 0 Expires:',0810112d�8 Itesti ite ; 130 WRENCE J CIOLFI `RD er I A TES ssion A i T 10 CUFF ES MA 02066` - coCom SCITUATE, CONSTRUCTION CONTROL AFFIDAVIT PROJECT NUMBER: 07059 DATE: 8-14-07 PROJECT TITLE: Messina's Shopping Center Renovation PROJECT LOCATION: First and Main Street,Andover,MA NAME OF BUILDING: Shopping Center SCOPE OF PROJECT: Renovation IN ACCORDANCE WITH THE SECTION 116.0 OF THE MASSACHUSETTS STATE BUILDING CODE,I, Zbigniew M. WoM,P.E. MASSACHUSETTS REGISTRATION NO. 34029 BEING A REGISTERED PROFESSIONAL ENGINEER/ARCHITECT HEREBY CERTIFY THAT I HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIFICATIONS CONCERNING: ENTIRE PROJECT ARCHITECTURAL_ STRUCTURAL MECHANICAL X FIRE PROTECTION ELECTRICAL X OTHER(specify)PLUMBING X FOR THE ABOVE-NAMED PROJECT AND THAT, TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, SUCH PLANS, COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE, ACCEPTABLE ENGINEERING PRACTICES AND APPLICABLE LAWS FOR THE PROPOSED PROJECT. I HEREBY CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND BE PRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THAT THE WORK IS PROCEEDING, IN GENERAL, IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 116.0: 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit, and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code-required controlled materials. 3. Special architectural or engineering professional inspection of the critical construction components requiring controlled materials or construction specified in the accepted engineering practice standards listed in Appendix B. f f I SHALL SUBMIT PERIODICAL REPORT TOGETHER WITH PRETINENT COMMENTS TO THE BUILDING INSPECT ,y� TION OF WO , I ;SHALL SUBMIT A FINAL REPORT AS TO THE SAT T&WNI f TION AND INESS OF THE PROJECT FOR OCCUPANCY. o� M. m 0 VVO2NY � MECHANICAL ti No.34029 gnature On this 14th day of August , signed notary public, persona ly appeared Zbigniew M. Womv (name of document signer rough satisfactory evidence of 'dentification, which were Massachusetts Driver's License to be the person whose name is signed on the preceding or attached document, and ac owledged to me that (he) (she) signed it voluntary for its stated purpose and who swore or affirmed to me that th contents of the document are truthful and accurate to the best of his/here/their knowledge and belief. OFFICIAL SIGNATURE& SEAL OF NOTARY MY COMMISSION EXPIRES It FIDAA E.BARBAR Notary Public U)Commonwealth of Massachusetts J:\07059 Messina Shopping Center\P.ffidavits\Construction Control Affidavit 8-14-07 MEP.doc My Commission Expires November 19,2010 CONSTRUCTION CONTROL AFFIDAVIT PROJECT NUMBER: 07059 DATE: 8-14-07 PROJECT TITLE: Messina's Shopping Center Renovation PROJECT LOCATION: First and Main Street Andover,MA NAME OF BUILDING: Shopping Center SCOPE OF PROJECT: Renovation IN ACCORDANCE WITH THE SECTION 116.0 OF THE MASSACHUSETTS STATE BUILDING CODE,I, Grzegorz B. Wozny,P.E. MASSACHUSETTS REGISTRATION NO. 39170 BEING A REGISTERED PROFESSIONAL ENGINEER/ARCHITECT HEREBY CERTIFY THAT I HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIFICATIONS CONCERNING: ENTIRE PROJECT ARCHITECTURAL_ STRUCTURAL MECHANICAL_ FIRE PROTECTION X ELECTRICAL OTHER(specify) FOR THE ABOVE-NAMED PROJECT AND THAT, TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, SUCH PLANS, COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE, ACCEPTABLE ENGINEERING PRACTICES AND APPLICABLE LAWS FOR THE PROPOSED PROJECT. I HEREBY CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND BE PRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THAT THE WORK IS PROCEEDING, IN GENERAL, IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 116.0: 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit, and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code-required controlled materials. 3. Special architectural or engineering professional inspection of the critical construction components requiring controlled materials or construction specified in the accepted engineering practice standards listed in Appendix B. I SHALL SUBMIT PERIODICAL 'FRO PORT TOGETHER WITH PRET NT COMMENTS TO THE BUILDING INSPECT ON C TION OF THE WORK, I SHAL SUBMIT A FINAL REPORT AS TO THE SATI TARO ON AND YADESS OF HE PROJECT OR OCCUPANCY. o WOzNY -' v FIRE PROTECTION N No.39170 Signature Q- On this 14th day of August be _ ed notary publi ,personally appeared Grzegorz B. Wozny (name of document signer), prove ugh satisfactory evidence of identification, which were Massachusetts Driver's License to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntary for its stated purpose and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of his/here/their knowledge and belief. OFFICIAL SIGNATURE& SEAL OF NOTARY MY COMMISSION EXPIRES FlDAA E.BARBAR J:\07059 Messina Shopping Center\Affidavits\Construction Control Affidavit FP 8-14-07.doe Notary Public Pas ,ti Commonwealth of Massachusetts My Commission Expires November 19,2010 OFFICE OF BUILDING INSPECTOR °+ TOWN OF NORTH ANDOVER `•�,, CONSTRUCTION CONTROL PROJECT NUMBER: t. PROJECT TITLE: PROJECT LOCATION: fMi� NAME OF BUILDING: NATURE OF PROJECT: A/1C _E� 6�d��!i1rl IN A2CE5RDANCE WIT ARTICLE 116 OF THE MASSACHUSETTS STATE BUILDING CODE,I, REGISTRATION NO. BEING A REGISTERED PROFESSIONAL ENGINEER%ARCHITECH HEREBY CERTIFY THAT I HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIFICATIONS CONCERNING: ENTIRE PROJECT 0 ARCHITECTURALA STRUCTURAL 0 MECHANICAL 0 FIRE PROTECTION 0 ELECTRICAL 0 OTHER(SPECIFY) FOR THE ABOVE NAMED PROJECT AND THAT,TO THE BEST OF MY KNOWLEGE, SUCH PLANS, COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISION OF THE MASSACHUSETTS STATE BUILDING CODE,ALL ACCEPTABLE ENGINEERING PRATICES. AND APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY. I FURTHER CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND B EPRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THAT THE WORK IS PROCEEEDING IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 116.0 1. Review,for conformance to the design concept, shop drawings, samples and other submittals which are submitted by the contractor in accordance with the requirements of the construction documents. 2. Review and approval of the quality control procedures for all code-required controlled materials. 3. Be present at intervals appropriate to the stage of construction to become, generally familiar with6the progress and quality of the work and to determine, in general, if the work is being performed in a manner consistent with the construction documents. PURSUANT TO SECTION 116.2 .2 1 SHALL SUBMIT WEEKLY , A PROGRESS REPORT TOGETHER WITH PERTINENT COMMENTS TO.THE NORTH ANDOVER BUILDING INSP d9R I , UPON COMPLETION OF THE WORK, I SHALL SUBMIT A FINAL REPORT AS TO T MASS. SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOR OCC 3\SL- T SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF n u 5 19 ao01 I—L"44-�0-0 A I IQ NOTARY PUBLIC MY COMMISSION EXPIRES OFFICE OF BUILDING INSPECTOR TOWN OF NORTH ANDOVER '•�, �� CONSTRUCTION CONTROL PROJECT NUMBERAL�'i+ ' E7 PROJECT TITLE: Aa6t 4t s akf�ec �QI� PROJECT LOCATION: ''ll NAME OF BUILDING: fw c -e, e0 ltz gj(�, -1!��r4oPP1 11 .4 NATURE OF PROJECT: �J IN ACC RDANC�WITH A LE 116 O E MASSACHUSETTS STATE BUILDING CODE, e� I, REGISTRATION NO. BEING A REGISTERED PROFESSIONAL ENGINEER%ARCHITECH HEREBY CERTIFY THAT I HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIFICATIONS CONCERNING: ENTIRE PROJECT 0 ARCHITECTURAL 0 STRUCTURAL MECHANICAL 0 FIRE PROTECTION 0 ELECTRICAL 0 OTHER(SPECIFY) FOR THE ABOVE NAMED PROJECT AND THAT,TO THE BEST OF MY KNOWLEGE, SUCH PLANS, COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISION OF THE MASSACHUSETTS STATE BUILDING CODE,ALL ACCEPTABLE ENGINEERING PRATICES. AND APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY. I FURTHER CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND B EPRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THAT THE WORK IS PROCEEEDING IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SHALL BE RESPONSIBLE FOR THE FOL Qa S SPECIFIED IN SECTION 116.0 SN OF MASSA 1. Review, for conformance to the design co op d , samples and other submittals which are submitted by the contractor in a th uirements of the construction documents. RUMPF No. 6632 4 � 2. Review and approval of the quality control r e 'rsesI e-required controlled materials. 3. Be present at intervals appropriate to the stag on to become, generally familiar with6the progress and quality of the work and to determine, in general, if the work is being performed In a manner consistent with the construction documents. PURSUANT TO SECTION 116.2 .2 1 SHALL SUBMIT WEEKLY , A PROGRESS REPORT TOGETHER WITH PERTINENT COMMENTS TO THE NORTH ANDOVER BUILDING INSPECTOR. UPON COMPLETION OF THE WORK, I SHALL SUBMIT A FINAL REPORPTSIG—NATURE O THE SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOUP NC IC 1>S SUBSCRIBED AND SWORN TO BEFORE ME THIS ��`��- DAY OF �u�us'r- 19 �1 0 0-A, QrAl I i I - NOTARY PUBLIC MY COMMISSION EXPIRES