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Building Permit #054-14 - 110 SUTTON STREET 7/16/2013
i TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO. / 1 Date Received Date Issued: 77 �q)0� IMPORTANT: Applicant must complete all items on this page ,,"LOCATION= 0.0 ;PRQfPERTY�OWNER sK j`� y Prmt 1ooN rb Structure' yes+ nor . MAP�N.O �' /_: PARCEL ZONING DISaT�RIGT Histonc�pistnctt yes no, Machine Shop=Village� yes no, l TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential jVew Building El One family .'Addition ❑Two or more family ❑ Industrial ❑Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg Others: ❑ Demolition ❑ Other MWIE GruPI ❑.Septic: ❑Well ❑�Floodplaih ❑Wetlands D• 1Natershed;District Water/Sewer,, DESCRIPTION OF WORK TO BE PERFORMED: PAWS ldentification Please Ty a or Print 1 t OWNER: Name: �� Phone: Address: a GUMP N09W Ap V G e CONTRACTOR: Name: �,rfN[b � F Plione: �AdIND Out Sr—r wb K----A Mft_. 641 3 Su` ervisorHIs Co 4 nstructlon,Lcense Expo Date 1 - 3HoCrielmprovement:L.icense.:_. _ r.. Exp} Gate tn UNP ARCHITECT/ENGINEER 6HA2LA% / tr?A Phone: Address:'' IMA Reg. No. JJ�S2- FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TO ST ATED COST BASED ON$125.00 PER S.F. jy Total Project Cost: $ 3g�,a��1. aD FEE: $�_t-5g3. Check No.: <Ao2 C IG F M K-T Receipt No.: LSP�P 2 i NOTE: Persons contracting with unre istered contractors do not have access t guaranty ign ato re of-Agent/Owner' igenature_of.coritracto �r.e5 Plans SubmittedPlans Waived ❑ Certified Plot Plan tamped Plans �7 z5 1 a 1Il`� II i Plans Submitted ❑ Plans Waived-0 Certified Plot Plan ❑ Stamped Plans ❑ TYPE_OF SEWERAGEDISPOSAL - 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 ❑ IN; COMMENTS OV`G��ohc�< i®ns � CONSERVATION Reviewed on l S �� Sinature COMMENTS Z - c '(� "• _ • HEALt'H Reviewed on Signature COMMENTS, _'. _' _ • - .• .`� • Zo ing Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board I Commeiits ervation Decision: ComMrients $ . r Severer Connection/Si nature& D` Drivewa Permit P _ (_ ' 'ova;! Engineer: Sggnatu-re:� _ - _• ,,,: •• ..Located.,384'Os ood_Street IRE-DEPARTI� 'Nt Tem Dum ster on site , • `_ ' ". ` _ p p YeS.. ' no• .. Located at 124 Mair Street Fire Deparfiner f•signaturefdate COMMENTS= ` i i I Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: I ELECTRICAL: Movement of Dieter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes Pio MGL Chapter 166 Section 21A=F and G min.$100-$1000 fine NOTES and DATA— (For department use i I ii I t ® Notified for pickup - Date 3 E Doe.Building Permit Revised 2010 I I Building Department The fol owing is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits o Building Permit Application o Workers Comp Affidavit o 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 o Building Permit Application L3 Certified Surveyed Plot Plan o Workers Comp Affidavit o Photo Copy of H.I.C. And C.S.L. Licenses o Copy Of Contract o Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) o Mass check Energy Compliance Report (If Applicable) o 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) Li Building Permit Application Li Certified Proposed Plot Plan o Photo of H.I.C. And C.S.L. Licenses o Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) o Copy of Contract o Mass check Energy Compliance Report o 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 apv,,al period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be subm:tted with the building application Doc: Doc.Building Permit Revised 2012 Location //0 No. "" 51�— Date e - TOWN OF NORTH ANDOVER ° SD ;s . o Certificate of Occupancy $ Building/Frame Permit Fee $� ! Foundation Permit Fee $ #P" Other Permit Fee $ TOTAL $ I Check#� �07 2 C r� // "Ay 6 6 2 6 'duilding Inspector � (��/ _ N5 9���.� � rv , � � �b �,� ' r_n Gael.fc. �^�x�h. AfOl1 - 7O NOTE The:TOP ofi concrete foundation wall on column line E to be 10"above e future grades - _z� 1 W r�u B a0 — mlz 1 ru`g w 41/2 13'.:: fi 3/8'.' 13'_—,6_x/8"i._ 13 _.:.6.3/8 13 -4 6 378�f fry 3 I exit si n Oil;dt I studs 11r: v.- ti yGUVB' K existing;to et room 3.1/2";metal sfuds;,@1.6°. tin wall:as re uired to install new doof and window <_ Total occupancy 85 Patch and paint as rsgwre r - _ f VERIFY D'EPgESSI t N DEPTH WIT} yy• VERIFY MOSITURE#+ ONTENT OF NEW SLAB RIOR TU'ANY A I St i rl E FLOOR IN$1 ALGATIO„ 'ENSUR.E TFIAT rMOSITU E'GONTENT IS AT OA B LOw MANUF g :i :SPECS. Fern h slab heightaha be=lower than ttief®xistingk dfacentaobby floorfn orde that the'firnsh floor of a added dance fl rshall be egtfal and le► el on#ractorto coordinate l b hfght achieve this: DANCE FLOOR`NIC Finish lane floor ele'at*'YO-,ua7{to_exf mg lobby fimsh;floor 42 T FLDING PARTITION.NI 3 if . . F !ELT 07 5}c ncf etc sla . tin wall-as regdired to install new door and window , Patch and pafrt as requred Totll QCCup 11Cy 85 exfstin car t+ tt sign; 1;6"oc 9 _ finish floor_�2 T. I te; ;isting-wall' i /�,; • exit slg�r.: - . a�.• `y 1 m _ �Existfn, rafnp' ,air lift glass and aluminum Wall mounted handrails pa .t exfsttng hantlrails 1eT.CUlQ8 I I,` Remove.exfstfng staff mounted}andraFand modify rail to be wall rnounted:and attach: pltet red 4 o enin to install newlft: R FE TO'-STRUC�'URAL DRAWINCaS FOR SAWCUT JQINT 40WQNS. la ,d alurnn Frame side,._ First floorpla Location t� A-1 No. � "t LA Date o - TOWN OF NORTH ANDOVER e Certificate of Occupancy $ Building/Frame Permit Fee $ d Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check# 27422 Building Inspector M1 . S OE MO D7M'N r F� 'i7 O4n°�,49 � SS4CINSE CERTIFICATE OF USE & OCCUPANCY TOWN OF NORTH ANDOVER Building Permit Number 054-14 on 7/16/2013 Date: March 27, 2014 THIS CERTIFIES THAT THE BUILDING LOCATED ON 110 Sutton Street MAY BE OCCUPIED AS a dance studio IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. Certificate Issued to: KLC Realty Trust 110 Sutton Street North Andover,MA 01845 Building Inspector Fee: $100.00 Receipt:2-147-2— Check : -1422— Check : NORTy 0� .{tE° 3.r 6E•fir` aq•,a OL APPLICA'T'ION FOR CERTIFICATE OF OCCUPANCYANSPECTION Op_ <o<wic ew w 'f' A°RTEo pa'.cy BUILDING PERMIT it. � SACHUSS� DOM' ADDRESS/LOCATIONOFPROPERTY: 5t�trON �! NUM' A1'VOOM Map Parcel Lot Number SUBDIVISION: DATE REQUESTED FILED/READY FOR INSPECTION: CLOSING DATE ON PROPERTY: FIVE (5)DAYS NOTICE PRIOR TO CLOSING DATE IS REOUIRED ALL WORK AND SIGN-OFFS MUST BE COMPLETED WITHIN THIS TIME FRAME. A REINSPECTION FEE OF TWENTY DOLLARS ($20.00) WILL BE CHARGED IF THE STRUCTURE DOES NOT MEET ALL APPLICABLE CODES. APPLICANT SIGNATURE v Permit Issued to: �Vcv S562 nq77 Address: ROUTING TOWN ENGINEER; SITE PL —DRIVE-WAY REVIEW -31, ktl\ CONSERVATION © l PLANNING NJ,-?-7 DPW—WATER METER NIA SEWER CONNECTION v _l DPW MUST INDICATE THAT THE WATER METER HAS BEEN INSTALLED PRIOR TO SUBMITTAL OF THE OCCUPANCYANSPECTION REQUEST DPW SIGNATURE File:Application for OC form revised Jan 2007/2011 A' i t4O R Tip Town of �.. � _� ; Andover l 0 ,w d, No. - • over, Mass , J'01,19 -'S�^ COC•91G'1 W'C N is OArEv P," BOARD OF HEALTH Food/Kitchen PERMIT T LD Septic System THIS CERTIFIES THAT k.14BUILDING INSPECTOR has permission to erect .......... buildings on 11.0.5. _m, . **3 . '.. . Foundation y .. Rough r kr/.. { / A r 5 to be occupied as .... t ' Chimney' ` a`' , ,�1 �Lr • ara, provided that the person act ing this permit shall in every respect conform to the terms of the application Final rjk on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and 3 Z r Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR Rough VIOLATION of the Zoning or Building Regulations Voids this Permit. Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESSCONSTRUCTION STARTS ,Rough ` `r ./�. ........ Service .................................................................. Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building 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. ti, t Smoke Det. d G� SEE REVERSE SIDE; r� °4 N°eTM 1N �7S ACNES 449 CERTIFICATE OF USE & OCCUPANCY TOWN OF NORTH ANDOVER Building Permit Number 054-14 on 7/16/2013 Date: March 27, 2014 THIS CERTIFIES THAT THE BUILDING LOCATED ON 110 Sutton Street MAY BE OCCUPIED AS a dance studio IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. Certificate Issued to: KLC Realty Trust 110 Sutton Street North Andover,MA 01845 Building Inspector Fee: $100.00 Receipt:2-147-2— Check i" F NORTH Town of 1�� . : '1 ° ndover 0 1 a, No. -t - LAKh ver, Mass,. 0 COCo91CtOWIC. 1�1' S � y, BOARD OF HEALTH Food/Kitchen PERMIT T LD Septic System or THIS CERTIFIES THAT .......%...:. . . � � � � `, BUILDING INSPECTOR a + , Foundation has permission to erect .......................... buildings on .... .................................................... Rough._. to be occupied as .... ... ,. .: .... &A .. .... .. ..A .0................................... Chimne t �:�. �/ .3 C`€ J ✓,` z rovided that the erson ac in this ermit `shall in eve res ect conform to the terms of thea lication p p 9 p every p pp Final�% �✓ Z, I on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR Rough VIOLATION of the Zoning or Building Regulations Voids this Permit. Final -3 PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS'CONSTRUCTION STARTS J!Rygh S"ervice ................................................................. . ........ Final BUILDING INS ECTOR GAS INSPECTOR Occupancy Permit Rewired t® Occupy RuildinRough 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. a� Smoke Det. SEE REVERSE SIDE . ,y,.� � A F 01 NORTH a p APPLICATION FOR CERTIFICATE OF OCCUPANCY/INSPECTION BUILDING PERMIT # CHUS A" ADDRESS/LOCATION OF PROPERTY: L 0 G nom �; • PUt A P Y S Map Parcel Lot Number SUBDIVISION: DATE REQUESTED FILED/READY FOR INSPECTION: CLOSING DATE ON PROPERTY: FIVE (5)DAYS NOTICE PRIOR TO CLOSING DATE IS REQUIRED_ ALL WORK AND SIGN-OFFS MUST BE COMPLETED WITHIN THIS TIME FRAME. A REINSPECTION FEE OF TWENTY DOLLARS ($20.00) WILL BE CHARGED IF THE STRUCTURE DOES NOT MEET ALL APPLICABLE CODES. APPLICANT SIGNATURE v Permit Issued to: �(Oa tz � Address: ROUTING TOWN ENGINEER; SITE PL -DRIVE-WAY REVIEW t -l� CONSERVATION PLANNING DPW-WATER METER NIA J� SEWER CONNECTION C l _ J DPW MUST INDICATE THAT THE WATER METER HAS BEEN INSTALLED PRIOR TO SUBMITTAL OF THE OCCUPANCY/INSPECTION REQUEST DPW - �� �i��e� ��� '►�,� SIGNATURE e_ 1:Z46 �49 vi File:Application for OC form revised Jan 2007/2011 4 (: ti i ti, t r , TLED !6* �O APPLICATION FOR CERTIFICATE OF OCCUPANCY/INSPECTION pAocxwi<i:..c P`1. � �9SSACHus���y BUILDING PERMIT # ADDRESS/LOCATION OF PROPERTY: _ I G a N t4nn' AN I)OVM- Map Parcel Lot Number SUBDIVISION: DATE REQUESTED FILED/READY FOR INSPECTION: CLOSING DATE ON PROPERTY: FIVE (5) DAYS NOTICE PRIOR TO CLOSING DATE IS REQUIRED ALL WORK AND SIGN-OFFS MUST BE COMPLETED WITHIN THIS TIME FRAME. A REINSPECTION FEE OF TWENTY DOLLARS ($20.00) WILL BE CHARGED IF THE STRUCTURE DOES NOT MEET ALL APPLICABLE CODES. APPLICANT SIGNATURE f Permit Issued to: Address: ROUTING TOWN ENGINEER; SITE PL —D E-WAY REVIEW OJX '31� %A CONSERVATION PLANNING M, •7 �r��y. DPW-WATER METER SEWER CONNECTION C /U DPW MUST INDICATE THAT THE WATER METER HAS BEEN INSTALLED PRIOR TO SUBMITTAL OF THE OCCUPANCY/INSPECTION REQUEST DPW SIGNATURE , File:Application for OC form revised Jan 2007/2011 Mc�u { R1 g 373 .��, ti �. 1A Document A1057 - 2007 Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project AGREEMENT made as of the Nineteenth day of July in the year Nineteenth day of July,in the yearTwo Thousand Thirteen (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other infonnation) KLC Realty Trust 110 Sutton Street North Andover Massachusetts and the Contractor: (Name, address and other infonnation) Centore Design- Build Inc 5 Winding Brook Lane Kennebunk,ME 04043 for the following Project: (Nance, location and detailed description) Nancy Chippendale's Dance Studio 110 Sutton Street North Andover,MA 3795 square foot single story on grade dance studio Construction of a single story,slab on grade,steel framed dance studio.The new addition is located adjacent to the existing lobby,extend existing sprinkler and fire protection systems,new HVAC,and have limited renovation to the existing lobby for access and egress. The Architect: (Naine, address and other info)-mation) Douglas Mund designgroup l dmdg2 132 King Street Groveland MA 01834 The Owner and Contractor agree as follows. Init. AIA Document A105T4"—2007(formerly A1051M—1993 and A20511^—1993).Copyright©1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright law and International Treaties.Unauthorized reproduction or 1 distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possibfe under the taw. 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. • i i s TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE 3 CONTRACT SUM 4 PAYMENT 5 INSURANCE 6 GENERAL PROVISIONS 7 OWNER 8 CONTRACTOR 9 ARCHITECT 10 CHANGES IN THE WORK 11 TIME 12 PAYMENTS AND COMPLETION 13 PROTECTION OF PERSONS AND PROPERTY 14 CORRECTION OF WORK 15 MISCELLANEOUS PROVISIONS 16 TERMINATION OF THE CONTRACT 17 OTHER TERMS AND CONDITIONS ARTICLE 1 THE CONTRACT DOCUMENTS §1.1 The Contractor shall complete the Work described in the Contract Documents for the Project.The Contract Documents consist of .1 this Agreement signed by the Owner and Contractor; .2 the drawings and spedifications prepared by the Architect,dated 1.20.2013 4.6 2013 ,and enumerated as follows: AND as amended 7.18.2013 Slit 1: code tabulation,site plan,demolition plan Drawings: Slit 2: foundation plan,floor plan Slit 3: roof plan,reflected ceiling plan,details Slit 4: exterior elevations,details Slit 5: interior elevations,section,details Slit 6: partition types,finish schedule,door schedule,details,wall section Specifications: Slit s0: general notes Slit sk typical details Slit s2: proposed foundation and first floor framing plans Slit s3: proposed roof plan Sht s4: section and details .3 addenda prepared by the Architect as follows: Slit s5: brace elevations and details none Slit s6: base plate details. In(t. AIA Document A105Tm—2007(formerly A105Tm—1993 and A205Tm—1993).Copyright 61993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This At An Document is protected by U.S.Copyright Law and Intern ati onal'Treaties.Unauthorized reproduction or 2 distribution of this AWA 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. .4 written orders for changes:in the Work issued after execution of this Agreement;and none .5 other documents, if any, identified as follows: ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time.The date of commencement of the Work shall be the date of this Agreement unless otherwise indicated below.The Contractor shall substantially complete the Work,no later than 14 weeks ( )calendar days from the date of commencement,subject to adjustment as provided in Article 10 and Article 11. (Insert the date of commencement, if it differs from the date of this Agreement.) upon approved building permit ' ARTICLE 3 CONTRACT SUM §3.1 Subject to additions and deductions in accordance with Article 10, the Contract Sum is: One Hundred Thirty,Four Two Thirty Dollars and no cents. 1734,230.00 §3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work: (Itemize the Contract Sunt atno)tg the major portions of the Work.) Portion of Work Value Foundation and slab $14,125.00 Insulation $4,500.00 Steel frame and steel bar joists $32,850.00 Drywall $2,600.00 Steel roof $8,480.00 Paint $3,000.00 Windows $8,269.00 Management..and profit 18,672.00 Electric $7,000.00 Not all 'inclusive. §3.3 Unit prices,if any,are as follows: (Identify and state the unit price;state the quanthy limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit none §3.4 Allowances included in the Contract Sum,if any,are as follows: (Identify allowance and state exclusions, if air),,front the allowance price.) Item Price Sprinkler $3,000.00 Fire Alarm $2,500.00 Testing and special inspections$2,000.00 §_3,5 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and hereby accepted by the Owner: (State the numbers or other identification of accepter!alternates. If the bidding or proposal documents pet7nit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that atttottnte.rpit es.) none Init. AIA Document A105Tb—2007(formerly A105TM—1993 and A205Tm—1993).Copyright®1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document Is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum 3 extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To reportcopyright violations of AIA Contract Documents,a-mail The American Institute of Architects'legal counsel,copyright@aia.org. §3.6 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. ARTICLE 4 PAYMENT §4.1 Based on Contractor's Applications for Payment certified by the Architect, the Owner shall pay the Contractor,in accordance with Article 12,as follows: (Insert below timing for payments and provisions for withholding retainage, if any.) 30%deposit required prior to construction start. Progressive payments based on completed work and materials stored or on-site. 5% retainage held and released within 5 days of Certificate of occupancy. §4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate below,or in the absence thereof, at the legal rate prevailing at the place of the Project. ARTICLE 5 INSURANCE §5.1 The Contractor shall provide Contractor's general liability and other insurance as follows: (Insert specific insurance requirements and limits.) Main Street America Group 1,000,000 each occurrence 2,000,000 general aggregate §5.2 The Owner shall provide property insurance to cover the value of the Owner's property, including any Work provided under this Agreement.Tile Contractor is entitled to receive an increase in the Contract Sum equal to the insurance proceeds related to a loss for damage to the Work covered by the Owner's property insurance. §5.3 The Contractor shall obtain an endorseme:nt to its general liability insurance policy to cover the Contractor's obligations under Section 8.12. §5.4 Each party shall provide certificates of insurance showing their respective coverages prior to commencement of the Work. §5.5 Unless specifically precluded by the Owner's property insurance policy,the Owner and Contractor waive all rights against(1)each other and any of their subcontractors, suppliers,agents and employees,each of the other;and (2)the Architect,Architect's consultants and any of their agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance or other insurance applicable to the Work. ARTICLE 6 GENERAL PROVISIONS §6.1 THE CONTRACT The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral.The Contract may be amended or modified only by a written modification in accordance with Article 10. Inst. AIA Document A105Tm—2007(formerly A105Tm—1993 and A205TM—1993).Copyright 0 1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S,copyright Law and international Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum 4 1 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.opyright@aia.org. §6.2 THE WORK The term"Work"means the construction and services required by the Contract Documents,and includes all other labor, materials,equipment and services provided,or to be provided, by the Contractor to fulfill the Contractor's obligations. §6.3 INTENT 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 Contract Documents are complementary,and what is required by one shall be as binding as if required by all. §6.4 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS,SPECIFICATIONS AND OTHER DOCUMENTS Documents prepared by the Architect are instruments of,the Architect's service for use solely with respect to this Project.The Architect shall retain all common law,statutory and other reserved rights, including the copyright.The Contractor, subcontractors,sub-subcontractors, and material or equipment suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work.The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect. ARTICLE 7 OWNER §7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER §7.1.1 If requested by the Contractor,the Owner shall furnish all necessary surveys and a legal description of the site. §7.1.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,the Owner shall obtain and pay for other necessary approvals,easements,assessments and charges. §7.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made. §7.3 OWNER'S RIGHT TO CARRY OUT THE WORK 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, without prejudice to other remedies,correct such deficiencies.In such case,the Contract Sum shall be adjusted to deduct the cost of correction from payments due the Contractor. §7.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS §7.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and to award separate contracts in connection with other portions of the Project. §7.4.2 The Contractor shall coordinate and cooperate with the Owner's own forces and separate contractors employed by the Owner. §7.4.3 Costs caused by delays or by improperly timed activities or defective construction shalt be borne by the party responsible therefor. ARTICLE 8 CONTRACTOR §8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §-8.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §8.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the Contractor shall (1)take field measurements and verify field conditions; (2)carefully compare this and other information known to the Contractor with the Contract Documents;and (3)promptly report errors, inconsistencies or omissions discovered to the Architect. Init. AIA Document A105Tm—2007(formerly A105Ta—1993 and A205TM—1993).Copyright©1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA*Document is protected by U:S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum 5 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. §8.2 CONTRACTOR'S CONSTRUCTION SCHEDULE The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. §8.3 SUPERVISION AND CONSTRUCTION PROCEDURES §8.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for and have control over construction means, methods,techniques,sequences and procedures,and for coordinating all portions of the Work. §8.3.2 The Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the names of subcontractors or suppliers for each portion of the Work.The Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection. w §8.4 LABOR AND MATERIALS y §8.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor,materials, equipment,tools,utilities,transportation,and other facilities and services necessary for proper execution and Ncompletion of the Work. - C C 0 o � §8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other �i o persons carrying out the Contract Work.The Contractor shall not permit employment of unfit persons or persons not 5 skilled in tasks assigned to them. v o C •C y §8.5 WARRANTY vThe Contractor warrants to the Owner and Architect that: (1)materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2)the Work will be y free from defects not inherent in the quality required or permitted;and(3)the Work will conform to the requirements of the Contract Documents. .3 §8.6 TAXES The Contractor shall pay sales,consumer,use and similar taxes that are legally required when the Contract is executed. y .c� 0'oA c §8.7 PERMITS,FEES AND NOTICES §8.7.1 The Contractor shall obtain and pay a other permits and governmental fees, licenses 1 a and inspections necessary for proper execution and completion of the Work. 4 The owner will pay for the building permit. o §8.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work.If the F. 3 Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and U regulations,or lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and 0 o shall bear the attributable costs.The Contractor shall promptly notify the Architect in writing of any known o inconsistencies in the Contract Documents with such governmental laws,rules and regulations. L .r O b c. §8.8 SUBMITTALS a o The Contractor shall promptly review,approve in writing and submit to the Architect Shop Drawings,Product Data, 3 Samples and similar submittals required by the Contract Documents. Shop Drawings, Product Data,Samples and $ .o similar submittals are not Contract Documents. e §8.9 USE OF SITE r oThe Contractor shall confine operations at the site to areas permitted by law,ordinances,permits,the Contract Documents and the Owner. 06 E- n §8.10 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. §8.11 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work.At the completion of the Work,the Contractor shall remove its tools,construction equipment, machinery and surplus material;and shall properly dispose of waste materials. Init. AIA Document A105Tm—2007(formerly All 05Tm—1993 and A205714—1993).Copyright m 1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 6 distribution of this AIA' 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. §8.12 INDEMNIFICATION To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner,Architect, Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work, provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,regardless of whether or not such claim,damage, loss or expense is caused in part by a party indemnified hereunder. ARTICLE 9 ARCHITECT §9.1 The Architect will provide administration of the Contract as described in the Contract Documents.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. §9.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. §9.3 The Architect will not have control over or charge of,and will not be responsible for,construction means, methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility.The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. §9.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor. §9.5 The Architect has authority to reject Work that does not conform to the Contract Documents. §9.6 The Architect will promptly review and approve or take appropriate action upon Contractor's submittals,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. §9.7 The Architect will promptly interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request from either the Owner or Contractor. §9.8 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either and will not be Iiable for results of interpretations or decisions rendered in good faith. §9.9 The Architect's duties,responsibilities and limits of authority as described in the Contract Documents shall not be changed without written consent of tate Owner,Contractor and Architect.Consent shall not be unreasonably withheld. ARTICLE 10 CHANGES IN THE WORK §10.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and Contract Time being adjusted accordingly in writing.If the Owner and Contractor can not agree to a change in the Contract Sum,the Owner shall pay the Contractor its actual cost plus reasonabld overhead and profit. §10.2 The Architect will have authority to order minor changes in the Work not involving changes in the Contract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents. Such orders shall be in writing and shall be binding on the Owner and Contractor.The Contractor shall carry out such orders promptly. §10.3 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist,the Contract Sum and Contract Time shall be subject to equitable adjustment. Inst. AIA Document MOM—2007(formerly A105Tm—1993 and A205Tm—1993).Copyright©1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale 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 prosecuted to the maximum 7 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. ARTICLE 11 TIME §11.1 Time limits stated in the Contract Documents are of the essence of the Contract. §11.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work,or by labor disputes, fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control,the Contract Time shall be subject to equitable adjustment. ARTICLE 12 PAYMENTS AND COMPLETION §12.1 CONTRACT SUM The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. §12.2 APPLICATIONS FOR PAYMENT §12.2.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for Work completed in accordance with the values stated in the Agreement. Such Application shall be supported by data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require. Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner,payment may similarly be made for materials and equipment stored,and protected from damage,off the site at a location agreed upon in writing. g §12.2.2 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 for 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 liens,claims,security interests or other encumbrances adverse to the Owner's interests. §12.3 CERTIFICATES FOR PAYMENT t The Architect will, within seven days after receipt of the Contraclor's'Application for Payment,either issue to the Owner a Certificate for Payment,with a copy to the Contractor, for such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part. §12.4 PROGRESS PAYMENTS §12.4.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner provided in the Contract Documents. §12.4.2 The Contractor shall promptly pay each subcontractor and supplier, upon receipt of payment from the Owner, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders. §12.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a subcontractor or supplier. §12.4.4 A Certificate for Payment, a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. -. . §12.5 SUBSTANTIAL COMPLETION §12.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the'Contract Documents so the Owner can occupy or utilize the Work for its intended use. §12.5.2 When the Work or designated portion thereof is substantially complete,the Architect will make an inspection to determine whether the Work is substantially complete. When the Architect determines that the Work is substantially complete the Architect shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion,shall establish the responsibilities of the Owner and Contractor, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise pr6vided in the Certificate of Substantial Completion. Init. AIA Document A105TM—2007(formerly A105741-1993 and A205^d—1993).Copyright©1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA' 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 prosecuted to the maximum 8 extent possible under the taw.Purchasers are permitted to reproduce ten10 AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,el,copyright@aia.omrgent when completed.To report copyright violations of §12.6 FINAL COMPLETION AND FINAL PA-Y'MENT §12.6.1 Upon receipt of a final Application for Payment,the Architect will inspect the Work. When the Architect finds the Work acceptable and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment. §12.6.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts,claims,security interests or encumbrances arising out of the Contract. §12.6.3 Acceptance of final payment by the Contractor,a subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 13 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions andro rams p e ' including all those required by law in connection with performance of the Contract.The Contractor shall-take reasonable precautions to prevent damage,injury or loss to employees on the Work,the Work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto.The Contractor shall promptly remedy damage'and loss to property caused in whole or in part by the Contractor,or by anyone for whose acts the Contractor may be liable. ARTICLE 14 CORRECTION OF WORK §14.1 The Contractor shallrom tl p p y correct Work rejected by the Architect as failing to conform to the requirements of the Contract Documents.The Contractor shall bear.the cost of correcting such rejected Work,including the costs of uncovering,replacement and additional testing. §14.2 In addition to the Contractor's other obligations including warranties under the ContricL the Contractor shall,for a period of one year after Substantial Completion,correct work not conforming to the requirements of the Contract Documents. §14.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the Owner may correct it in accordance with Section 7.3. ARTICLE 15 MISCELLANEOUS PROVISIONS §15.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract as a whole without written consent of the other. §15.2 TESTS AND INSPECTIONS §15.2.1 At the appropriate times,the Contractor shall arrange and bear cost of tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, statutes,ordinances, codes, rules and regulations, or lawful orders of public authorities. §15.2.2 If the Architect requires additional testing,the Contractor shall perform those tests. §15.2.3 The Owner shall bear cost of tests, inspections or approvals that do not become requirements until after the Contract is executed. §15.3 GOVERNING LAW The Contract shall be governed by the-law of the place where the Project is located. r ARTICLE 16 TERMINATION OF THE CONTRACT §16.1 TERMINATION BY THE CONTRACTOR If the Architect fails to certify payment as provided in Section 12.3 for a period of 30 days through no fault of the Contractor,or if the Owner fails to make payment as provided in Section 12.4.1 for a period of 30 days,the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit,and costs incurred by reason of such termination. Inst. AIA Document A105Tm—2007(formerly Al 05T"—1993 and A205-'"A-1993).Copyright m 1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum 9 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. §16.2 TERMINATION BY THE OWNER FOR CAUSE §16.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors; .3 persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction;or .4 is otherwise guilty of substantial breach of a provision of the Contract Documents. §16.2.2 When any of the above reasons exist, the Owner,after consultation with the Architect, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days' written notice,terminate employment of the Contractor and may .1 take possession of the site and of all materials thereon owned by the Contractor,and .2 finish the Work by whatever reasonable method the Owner may deem expedient. §16.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 16.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. §16.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,such excess shall be paid to the Contractor. If such costs exceed the unpaid balance,the Contractor shall pay the difference to the Owner.This obligation for payment shall survive termination of the Contract. §16.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause.The Contractor shall be entitled to receive payment for Work executed,and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. s ._ ARTICLE 17 OTHER TERMS AND CONDITIONS (Insert any other tenns or conditions below.) Init. AIA Document MOM—2007(formerly Al 05T1*—1993 and A205Tu—1993).Copyright©1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAODocument 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 prosecuted to the maximum 10 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. i 4 This Agreement entered into as of the day and year first written above. (If required by law, insert cancellation period, disclosures or other warning statements above the signatures.) OWNER CONTRACTOR (Signature) (Signature) Robert Carberry trustee Robert Centore president (Printed name, title and address) (Printed name, title and address) KLC Realty Trust Centore design Build Inc 110 Sutton Street North Andover,MA Winding Brook Lane Kennebunk ME 04043 (Signature) LICENSE NO. CS-024667 Robert Carberry JURISDICTION Ma- (Printed a(Printed name, title and address) 110 Sutton Street North Andover MA t c ,.CAUTION:You should sign an original AIA Contract Document,on which tris text appears in RED.An original assures that changes will not be obscured. Init. AIA Document A105TN—2007(formerly A105Tb—1993 and A205TM—1993).Copyright @ 1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized,eproduction or 11 t extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. Final Construction Control Document a To be submitted at completion of construction by a Registered Design Professional es for work per the 8`h edition of the Massachusetts State Building Code, 780 CMR, Section 107.6.4 Project Title: Nancy Chippendales Dance Studio Date: November 19,2013 Permit No. Property Address: 110 Sutton Street,North Andover,MA 01845 f Project: Check(x)one or both as applicable: New construction X Existing Construction Project description: Addition to existing building f I Fred V.Cowen MA Registration Number: 2 7 g 661 Expiration date: June 30,2014 ,am a r-egistered design � professional, and hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning: j Entire Project Architectural X Structural Mechanical Fire Protection Electrical Other: for the above named project. I certify that 1,or my designee,have performed the necessary professional services. in accordance with the Professional Standard of Care,and was present at the construction site on a regular and periodic basis to determine that the work proceeded in accordance with the requirements of 780 CMR and the design documents prepared by me and approved as part of the building permit and that I or my designee: 1. Have reviewed,for conformance to this code and the design concept, shop drawings,samples and other submittals by the contractor in accordance with the requirements of the construction documents. Such review shall not diminish or relieve the Contractor of its submittal and other responsibilities. ! 2. Have performed the duties for registered design professionals in 780 CMR Chapter 17,as applicable. 3. Have been present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work was performed in a manner consistent with the construction documents and this code. The Contractor is responsible for the pert ance of the work in accordance with the contract documents �a a clusively responsi or its construction means,methods, sequences and procedures,and for co ction s ,i°4 �I Enter in the space to the right a"wet"or electronic signature and seal: co. r W Phone number: (508)655-3976 Email:fred@cowenassoc.eom Building Official Use Only III Building Official Name: Permit No.: Date: I� Trial Version 10_09_2012 I Nancy Chippendales i Dance Studio/ I Final Construction Control Document To be submitted at completion of construction by a Registered Design Professional for work per the 8h edition of the Year. Massachusetts State Building Code, 780 CMR, Section 107 Project Title:Nancy Chippendales Dance Studio, Single Story Addition Date:11.19.2013 Permit No.054-14 Property Address: 110 Sutton Street,North Andover,MA Project: Check(x)one or both as applicable: (X)New construction Existing Construction Project description: Construct an on-grade single story dance studio,minor alteration to the existing building,DEP site work I, Charles Maira,(Douglas Mund Designgroup\dmdg2)MA Registration Number: 5552 Expiration date: 2015, am a registered design professional, and I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning: X Architectural Structural Mechanical Fire Protection Electrical Other:Describe for the above named project. I, or my designee,have performed the necessary professional services and was present at the construction site on a regular and periodic basis. To the best of my knowledge,information,and belief the work proceeded in accordance with the requirements of 780 CMR and the design documents approved as part of the building permit and that I or my designee: 1. Have reviewed,for conformance to this code and the design concept, shop drawings,samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Have performed the duties for registered design professionals in 780 CMR Chapter 17,as applicable. 3. Have been present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work was performed in a manner consistent with the construction documents and this code. Nothing in this document relieves the contractor of its responsibility regarding the provisions of 780 CMR 107. Enter in the space to the right a"wet"or electronic signature and seal: �Ea�D ARcy ��� V 9 a N0.5552 Phone number: 978.373.5639 y J �(NI 0F R '\ \ NORTH ANDOVER ------------------- - CK RIVE - ,\ \ .\ . owlko 50— LOCUS LOCUS MAP N.T.S. / \ r ----- %% \ « 4 \ \ NOTES: ,\#46 • 11 D SUR� PER—ED we D za ]Nau auc]zolz % I N -:t�I• /' \ .r! A 1. IHR PIAN IS PREPARED FOR OUR WENT USE ONLY MR THE SIECIM as •\. �"-"�"�- O� 'YP • \ PURPOSE OF OBTNMNO KNIM AND LOON.APPRW O IS NOT TO RE 0 OTHER USERW ORDERS wBHWT THR M EM CONNSSENTEff OF OR DU I M_�O�///(il___}__ -"' /�,F•p5t� \ [~\ �J\ a l \ 2 E S 1 VEMIGL M1UM NOwH NEaEON IS NL+rD29 AS DERNEO FROM !!!7 j I If I/f f (�T�y..i.� �' \ zE \ /,,�,jN`gzY �'�' �C�y y0 •\ cO.—ON DOIW R IED arN cPs SumS.v wrA !I I I(( tJJ•�). \% \° \PF%/ I." \ i' SR (1 ry �O \ J. THE SU&ECT PROPERTY IS WD-D IN DOTH ZONE AE AND ZONE%AS I I! .f 11\ i{;A(<�,'r —. py,°' ",(\ i 1 % �t� > • SHOWN ON UN-MM RORD CirvE PINEL/ 6-0003C EFFEDAZE . 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HE DELI SIT U AND DERENMINArpN OF NEAN HpN wAIER FucGEO rp ME E O O HUGHES E MRONYEM 1 I �w,� e �; \yT,Pl�✓\ R \ a E'¢ PARCEL 210/017.0-0008• %F " \ \P�^y'l�q,\ \ 1 / `\ N/F \ OWNERS REFERENCES ' / "5'� ROBERT McCARRICK \ pwNus: RE—TRUST,DURUt C.CM�OERR.TRUSTEE / �i •\ •''7` LCC 12166 ADDRESS: O SUTr STREET,99yr LEAS0 /'• 5° / r'^ E� +`�" •\ ry LnsOSSESS OR PARCEL/210/0II.0— /'--11((���A2EAL TRITSi xaN DISTRICT: GENE —WESS 5EE/LC\0 Cj'23426_�11*• % —'-- — - _ _ry J D.z6x AC6E5 z• .%-�� \ \ � ,\ DEED 6N ivD Pc x lk \, °t' \ •\ PUN NO aia -00'// •"-s' ��\Ya /\,�a// �„,,,.�'9�"'/�' ��� ! •\ I HEREST URT 1-T AH CRouND wpv� %p/J1R�/jSHEHRFD nfE ON DN-THEFACR AS FOUND A E THE '13RR 6�\, c��°' a •\ j/ PRDFEssroNAL I,wD sumEroR 40... ,E 10/0,47 N11' KK" REALTY T7��O$T ROBERT CARBERRV/fR\• '� \'(\O� cj \ 6EED 42,70,PGI \' .�.` P00 SF. / Ile f 5'° i; .2de ACREri• o a, tJ��0 7., ✓9,, � "o, 0—o .f �/ / NANCY CHIPPENDALE'S DANCE STUDIO 110 SUTTON STREET l\ RESEIDI/ PARCEL 210/012.0-0008 ` \�''� -' � . 'i "� •\ \' j�% i � / EDx % N/F / \ \ em; / AS BUILT PLAN OF LAND — % 90 SUTTON STREET LLCIN - '. -I\' _�/w� „�'•.1D,,_„ A.®// ' NORTH ANDOVER MASSACHUSETTS cuA noN: •\�' LCC 96271 r'`'�' \ !! "j" L/� \ - \• �i �, _.'if 'sT"'I - �"a ESSEX COUNTY DaAFnNc: •\ / // /; 5(° "\-�,;'/'4�.s>•A6 .N.. T N S�EEf �t �/ ° asmrc 217—R,!IQ P.AY./EDx su(f0 Y .✓E \4 ,,,./ " Isamm EwsTDlo CHEU, \ L -"�' �_ '' r►N TEM \ PREP.EO roa: EDx t ^ ��• NANCY CHIPPENDALES DANCE STUDIO EMuucER; ,\ T • AREA CALCULATED TO RE LINE ��- \ \ PREPARED ftt:lDATE: OX DGT SURVEY GROUP-NORTH SHORE 6EP FM9RR,.9 A OMSION OF DIGITAL GEOGRAPHIC TECHNOLOGIES,INC. N-b5 NO I6 CENTER STREET TEL:9]8-.65-9992 1'SCALE-2 O'FEET SUITE I (�• infoOE9taurvoy.com DCS'!]S CRD NEWRURTPoRr.MA 1_-112 www.tl9taurvey.com 01950 SMET N0. • i Nancy Chippendales Dance Studio DMDG2 SITE VISIT Condensed REPORT. JULY 22: MONDAY, FOOTING FORMING. DMDG2 ON SITE. JULY 23: TUESDAY, FOOTING FORM/RAIN. DMDG2 ON SITE. JULY 24: WEDNESDAY, RAIN. DMDG2 ON SITE. DMDG2 ON SITE. JULY 25: THURSDAY, FOOTING POUR. DMDG2 ON SITE. JULY 26: FRIDAY, RAIN /NO FOUND WORK. DMDG2 ON SITE. JULY 27: (SAT) FORMING FOUNDATION WALLS/ DISCUSSION WITH TWO BOBS /DISCUSSION WITH DGT/PHIL BETWEEN MYSELF AND PHIL, PHIL AND BOB CENTORE ALL REGARDING EITHER FOUNDATION-OUT-OF- SQAURE, MIS-DIMENSION,(2") NEEDED TO BE VERIFED PRIOR T� CONTINUING WORK. DGT WOULD BE ON SITE MONDAY JULY 29 " TO DETERMINE "BUST". DMDG2 ONSITE. JULY 28: (SUN) ON SITE TO VERIFY OR DETERMINE WALL, FOOTING AND COULMN BASE HEIGHTS, SUNNY. DMDG2 ON SITE. JULY 29: MONDAY, DGT ON SITE TO DETERMINE DIFFERENCE WITH DIMENSION OF 55'—2". FORMING WALLS AND PILASTERS. MEET WITH BOB CENTORE TO DISCUSS FLOOR HEIGHT, COLUMN BASES, COLUMN BASE PLATES. DMDG2 ON SITE. JULY 30: MET WITH BOB CENTORE ON SITE AND DISUSSED EXACT FLOOR HEIGHT RELATED TO DOOR OPENINGS, BASE PLATE HEIGHTS AND LOCATIONS. DMDG2 ON SITE. JULY 31: WEDNESDAY, 7:15AM, STRIPPING FORMS. RETURNED TO SITE AT 1:30, FORMS STRIPPED AND LOADING OF FORM TRUCK. DMDG2 ON SITE. AUGUST 1: THURSDAY, 7:10AM VERIFYING COLUMN BASE PLATES LOCATIONS, ANCHOR BOLTS AND DEPTHS. DMDG2 ON SITE. AUGUST 2: FRIDAY, 10AM MET WITH BOB CENTORE, MEASURING EACH COLUMN BASE PLATE LOCATION REALTED TO INSTALLED ANCHOR BOLTS. DMDG2 ON SITE FOUND ALONG COLUMN LINE 5 SPACING BETWEEN COLUMN LINE "B"AND "C", "C"AND "D" SUBSTAINTIALLY INCORRECT, AND BETWEEN COLUMN LINE "E" AND "F SUBSTAINTIALLY INCORRECT. SPACING BETWEEN COLUMN LINED" AND "E" WAS WITHIN TOLERENCE. BASE PLATE C/5 7" BELOW TOR D/5 8" BELOW TOR E/5 7.5" BELOW TOF. COLUMN LINE "4" WAS WITHIN TOLERENCE. BASE PLATE DEPTH AT COLUMN 4B WAS -10.1/4". DMDG2 CONTINUED COLUMN LINE "3" WAS WITHIN TOLERENCE ON COLUMN LINE "B" , BUT OFF BY 1" ON COLUMN LINE "F". BASE PLATE DEPTH AT COLUMN 3/13 WAS -20". CENTERLINE OF BASE PLATE TO EXISTING FOUNDATION WALL 5.1/2". COLUMN LINE "2 WAS OFF FROM DDESIGN BY 2.3/4". DEPTH OF TOF/TOP - 9.3/4". COLUMN LINE 1 WAS OFF FROM COLUMN LINE 2 BY 6". CENTERLINE OF BASE PLATE IS 10.1/2" FROM EXISTING FOUNDATION WALL, NOT 6". ALONG COLUMN LINE 1: COLUMN CENTERLINE BETWEEN "B" AND "C" WAS OFF BY 3.1/2". BETWEEN "C"AND "D" ACCEPTABLE, BETWEEN "D" AND "E" ACCEPTABLE, BETWEEN "E"AND "F" 5"OFF. ALONG COLUMN LINE "F" , WITH THE HIGHER FOUNDATION WALL ALL BASE PLATES WERE +21", BETWEEN "5" AND "4"THE CENTERLINE TO CENTERLINE IS t/2"OFF. BETWEEN "4"AND "3", '/2" OFF. BETWEEN "3" AND "2" 2.1/2" OFF. BETWEEN "2" AND "1" 6" OFF. AUGUST 3: (SAT), 6 HOURS ON SHOP DRAWING REVIEW. PRODUCED NEW COLUMN ELEVATION AND FOUNDATION DRAWINGS TO COORULATE VARIOUS BASE PLATE HEIGHTS, AND COLUMN LINE /COLUMN LOCATIONS BASED ON A- BUILT BASE PLATE LOCATIONS. DMDG2 SITE VISIT. AUGUST 5: MONDAY, 9 HOURS SHOP DRAWING REVIEW. SHOP DRAWINGS FORWARDED TO CAPONE IRON. STEEL SHOP DRAWING REVIEW COMPLETED AND SENT TO CAPONE STEEL FROM STRUCTURAL ENGINEEER. DMDG2 ON SITE. AUGUST 6: TUESDAY, CALLED BOB CENTORE TO DISCUSS THE SERIOUS DISCREPENCIES WITH COLUMN LINE, BASE PLATE LOCATIONS AND THE SHOP DRAWINGS. DUE TO THE MAGNITUDE OF MARK-UPS ON THE SHOP DRAWINGS, MOST DRAWINGS WERE MARKED"REVISE AND RESUBMITT". 1 URGED BOB CENTORE TO HAVE DGT OR ANY OTHER SURVEYOR TO LOCATE THE EXISTING CONDITIONS RATHER THAN RELY ON HIS AND MY FIELD DIMENSIONS, BECAUSE EVERYTHING WAS SO FAR OFF. HE AGREED. DMDG2 SITE VISIT. y AUGUST 7: WEDNESDAY, DGT WAS ON-SITE LOCATING AS-BUILT BASE PLATES RELATED TO DESIGNED COLUMN LINES. DMDG2 SITE VISIT AUGUST 9: FRIDAY, SITE VISIT DMDG2 CONTINUED AUGUST 21: WEDNESDAY, CAPONE IRON RELEASED NEW ANCHOR BOLT LOCATION PLAN FOR APPROVAL. AUGUST 22: THURSDAY, ON SITE WITH STRUCTURAL ENGINEER TO DETERMINE METHOD OF CORRECTION. i AUGUST 22: FRIDAY, STRUCTURAL ENGINEER RETURNS REVISED ANCHOR BOLT PLAN, FOR ADDITIONAL CORRECTIONS. AUGUST 26: MONDAY, SHOP DRAWING COORDINATION WITH CAPONE IRON. THEY WERE NOT INTENDING TO REVISE AND RESUBMIT AND DID NOT EXPECT TO HAVE ANOTHER REIVEIW, I INSISTED THEY FORWARD SHOP DRAWING TO THE STRUCTURAL ENGINEER FOR COMMENT. AUGUST 29: THURSDAY, REVISED, REVISED SHOP DRAWINGS SENT TO STRUCTURAL ENGINEER. SEPTEMBER 4: COORDINATION OF LAYOUT OF REVISED ANCHOR BOLT LOCATIONS. STRUCTURAL ENGINEER AND OUR REVIEW OF ANCHOR BOLT LOCATION WITH COORDINATION OF SHOP DRAWING REVIEW. REVISED SHOP DRAWINGS RETURNED FROM CAPONE IRON. SEPTEMBER 10: TUESDAY, STEEL ERECTION START. SEPTEMBER 12: STEEL ERECTION, STEEL DECKING COMPLETE. SEPTEMBER 16: SITE VISIT WITH STRUCTURAL ENGINEER FOR STEEL INSTALLATION AND ERECTION INSPECTION. ALL COMPLETED TO DESIGN AND STASISFACTORY. SEPTEMBER 19; RAIN, CONCRETE SLAB INSTALLATION. SEPTEMBER 23: ROOF INSULATION AND ROOFING START. GOOD COMPITENT CREW. SEPTEMBER 26 ROOFING COMPLETE. ROOF TRANSITIONS AND CAP FLASHING NEEDED. NO GUTTERS INSTALLED. OCTOBER 2: WOOD WALL STUDS BEGIN INSTALLATION. VALUE ENGINEER LAYOUT AND SIZING. OCTOBER 4 WOOD WALL STUDS CONTINUE, 30% COMPLETE. GOOD STUD CONNETIONS TO DIAGONAL STEEL. i OCTOBER 9: WOOD STUD INSTALLATION CONTINUES WITH 85% COMPLETE. OCTOBER 10: WOOD STUD INSTALLATION, WALL SHEALTHING, AIR BARRIER COMPLETE INCLUDING SEAM TAPPING AND CORRECT INSTALLATION TO ROOFING. EXTERIOR VINYL SIDING START. OCTOBER 11: BATT WALL INSULATION START. HVAC UNIT INSTALLATION START, INCLUDING DUCTING. OCTOBER 12 (SAT) BATT INSULATION IN THE WALLS CONTINUES. OCTOBER 13: VAPOR BARRIER AND INTERIOR WALL INSULATION INSTALLED. FIRE BLOCKING COMPLETE. FIRE PROTECTION/SPRINKER INSTALLATION 25% COMPLETE. HVAC INSTALLATION AND DUCTING COMPLETE. OCTOBER 16: FIRE PROTECTION 95% COMPLETE, ELECTRICAL WORK START. DRYWALL INSTALL START. REWORK 35% OF EXTERIOR SIDING DUE TO INADEQUATE FASTENING. . OCTOBER 21: ELECTRICAL WORK CONTINUES. ON SITE FOR DGT MEETING. OWNER CHANGED DIRECTION OF ELECTRICAL LIGHT FIXTURES. ROUGH FOR EMERGENCY DEVICES IN PLACE. ELECTRICAL WORK +/- 85% COMPLETE. DRYWALL, 65% COMPLETE. OCTOBER 23: DRYWALL INSTALL COMPLETE. PLASTER TO START ON OCTOBER 25. OCTOBER 28: PLASTER COMPLETE, AND DRYING WELL. OCTOBER 29: PAINTING, FINAL ELECTRICAL INSTALLATION BEGINS. Enter construction cost for fee cal - North Andover Fee Ca/CU/ation Construction Cost $ 3$ 906.00 m $ - $ 4,582.87 ' Plumbing Fee $ 572.86 Gas Fee 100 comm. $ ` 100.00 Electrical Fee $ 572.86 Total fees collected $ 5,828.59 110 Sutton Street 054-14 on 7/16/13 New Single story flat roof dance studio Page 1 of 1 2013-07-'16 14:35:34 EOT 1866728485-1 From: Monne Brunelle �� CERTIFICATE OF LIABILITY INSURANCE ;;i;Zoi3"" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Donna Brunelle NAME: Cole Harrison Agency A/CONo Ext): (207)985-3361 ac No:(207)985-7977 83 Main Street ADDRESS:dbrunelle@coleharrison.com P.O. BOX 358 INSURER(S)AFFORDING COVERAGE NAIC 0 Kennebunk ME 04043 INSURERA klain Street America Group INSURED INSURERBNGM Insurance Couipany 14788 Centore Design Build Inc INSURER C'Maine Em to ersI Mutual 11149 5 Winding Brook Dr INSURER D: INSURER E: Kennebunk ME 04043 INSURERF: COVERAGES CERTIFICATE NUMBER CL1371605157 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE =11 ALM POLICY NUMBER MMIDDIYYY MMIDDIYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 500,000 A CLAIMS-MADE FXIOCCUR APT7120F /9/2012 /4/2013 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 21000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY f PRO LOC $ AUTOMOBILE LIABILITY EO COMBINED SINGLE LIMIT $ 300,000 B ANY AUTO BODILY INJURY(Per person) $ ALL OWNED F-,Wl SCHEDULED BlT6968i /21/2013 /21/2019 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident Uninsured motorist combined $ 300,000 UMBRELLALIAB OCCUR EACHOCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ C WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N TORYANY PROPRIETOR(PARTNER/EXECUTNE❑ NIA E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? BD /16/2013 /16/2019 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach AC ORD 707,Additional Remarks Schedule,if more space is required) 110 Sutton Street, No Andover, MA CERTIFICATE HOLDER CANCELLATION (978)688-9542 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN North Andover Massachusetts ACCORDANCE WITH THE POLICY PROVISIONS. Building Inspector AUTHORIZED REPRESENTATIVE Jeffrey Cole/DMB - ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. r INS095runinn.si ni Tho a( (1Rn namc nnrl Innn aro rcnicicrad mnrkc of Are)R n FORTH own o E . Andover o - .:�. 1 No. � - - � 2..o 13 h ver, Mass w1 I� o > > COC mcne WICK y1. �d A�R�TED AgP,��y S U BOARD OF HEALTH Food/Kitchen PER. MIT T LD Septic System THIS CERTIFIES THAT L T4kq BUILDING INSPECTOR ....... ........... .l....... ............... .s............ .......... .............. .. . ... ....... .... �... �t t+ Foundation has permission to erect.......................... buildings on ... .......... ......... .................................... .. Rough to be occupied as .... .�.. �. .:'�.... ,......� ��. ....... ...�:'/..'� ®°�� Chimney provided that the person ac in this ermlt shall in eve respect conform to the terms o tf he application p p 9 p every Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR Rough VIOLATION of the Zoning or Building Regulations Voids this Permit. Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS'CONSTRUCTIO RTS Rough � ......................... Service ............... .... . ........... . ... . Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building 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. Smoke Det. SEE REVERSE SIDE AIA Document A105 — 2007 Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project AGREEMENT made as of the Ninth (.9): day of July in the year Two Thousand and Thirteen BETWEEN the Owner: (Name, address and other information) KLC Realty Trust 110 Sutton Street North Andover Massachusetts and the Contractor: (Nance, address and other information) Centore Design- Build Inc 5 Winding Brook Lane Kennebunk, ME 04043 for the following Project: (Name, location and detailed description) Nancy Chippendale's Dance Studio 110 Sutton Street North Andover,MA 3,795 square foot single story on grade dance studio Construction of a single story,slab on grade,steel framed dance studio.The new addition is located adjacent to the existing lobby,extend existing sprinkler and fire protection systems,new HVAC,and have limited renovation to the existing lobby for access and egress. site work The Architect: (Nante, adth"ess and other information) Douglas Mund designgroup I dmdg2a 132 King Street Groveland MA 01834 The Owner and Contractor agree as follows. Init. AIA Document A105Tu—2007(formerly A10511A—1993 and A205"I—1993).Copyright rye 1993 and 2007 by The American Institute of Architects.All rights reserved.Y1ARNIN(,,: this AIA`Document IS nro!ected by U.S.Copyr;ght LI,erm '.i; (lonnl T;^;ties.Un.;:(hnri ed,'aprc lu:liar,ar c !ribution of this AIA m Docuent,or any portion of it,rutty r•rsult in swv iro<_i•:ii w(i crirtinatl c^r,.illi.ts,rind will pos; under nder the I;i:v. Purchasers are permitted to reproduce ten(10)copies of this document.vhen completed.To report ccpy.0right violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE 3 CONTRACT SUM 4 PAYMENT 5 INSURANCE 6 GENERAL PROVISIONS 7 OWNER 8 CONTRACTOR 9 ARCHITECT 10 CHANGES IN THE WORK 11 TIME 12 PAYMENTS AND COMPLETION 13 PROTECTION OF PERSONS AND PROPERTY 14 CORRECTION OF WORK 15 MISCELLANEOUS PROVISIONS 16 TERMINATION OF THE CONTRACT 17 OTHER TERMS AND CONDITIONS ARTICLE 1 THE CONTRACT DOCUMENTS §1.1-The Contractor shall complete the Work described in the Contract Documents for the Project.The Contract Documents consist of .1 this Agreement signed by the Owner and Contractor; .2 the drawings and spe+ifications prepared by the Architect,dated enumerated as follows: SP 1.Site Planting Plan, 1. Site Plan,code tabulation plans,demolition plan. 2. Foundation Plan. 2a. First Floor Plan,3. Roof Plan, Reflected Ceiling Plan,Details,4. Exterior Elevations,section,5. Interior Elevations,6. Partition Types,Finish Schedule,Door Schedule,Details, Wall Section,SO.Structural Notes,S I Typical Details,S2. Foundation and first floor framing plans.S3 Roof Framing Plan,S4 Section and Details,S5 Brace Elevations and Details,S6. Base Plate Details. Specifications: none .3 addenda prepared by the Architect as follows: none Init. AIA Document A105TM—2007(formerly A105Ty—1993 and A205114—1993).Copyright Z)1993 and 2007 b The American Institute of Architects.All rights reserved.WAHAIING This AIA r)r'CUt11 rt is rtraf,.r.t cl by r,1,j,r„•,t,y„ i;,t(-r..;,r;; y 1! r:i;iur it i it;as.Un naur!.;J n.�ro iucticn.;r .2 ;istrl[J!rtion of this AL'\ DoC:rmCnt,cr.rny porlton of a,r;tny m=utt in v.]r. civil,n,d r!irrin,rl nalt!:r :uid ill bo;r:;;-2cnt.d to the mnxir;urrn =xtont possibl.,unc!ar the 1-nv.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 written orders for changes in the Work issued after execution of this Agreement; and none •5 other documents, if any, identified as follows: none ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of this Agreement unless otherwise indicated below.The Contractor shall substantially complete the Work, no later than from the date of commencement,subject to adjustment as provided in Article 1 U and Article 123 )calendar days (Insert the date of commencement, if it differs front the dote of this Agreement.) Date of commencement to be within 5 working days of building permit date. ARTICLE 3 CONTRACT SUM §3,1 Subject to additions and deductions in accordance with Article 10, the Contract Sum is: $381,906.00 Three Hundred Eighty One Nine Hundred Six Dollars §3.2 For purposes of payment, the Contract Sum includes the (Itemize the Contract Scan alnong the major portions of the LVook,)wino values related to portions of the Work: Portion of Work Value Payments are due at the completion of each task listed in Attachment "A" and or as indicated within Article 12 §3.3 Unit prices, if any, are as follows. (Identify and state the unit price;state the quantiq,lintitations, if ally, to which the cunt price will be applicable.) Item Units and Limitations Price per Unit none §3.4 Allowances included in the Contract Sum, if any,are as follows: (Iclentify allowance and state exclusions, if any,from the allowance price.) Item Price Firm Alarm, $5,000.00 Sprinklers, $6,000.00 Testing, $4,000.00 § 3.5 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the esecutimn of this Agreement, attach a schedule of such other alternates showing the anrotint for each and the date when that aniocnrt expires.) none Init. AIA Document A1OSTM—2007(formerly Al OSTM—1993 and A2050A—1993).Copyright r9 1993 and 2007 by The American Institute of Architects.All rights reserved.4%ARMIPIG:This:11A Cocumi:nt is Proleclod by U.S.Cop'/rIgM Lavi and international rhe;ties.Un:nuthorl-ed reprgdurtton or rJisu'ihutlon of this AIA'Document,or m r t ?xtant possible unacr,the law. Purchasers are parm Illed tat epraducte'ten(10)copiesofthis document when completed.ilbe proseruterl to the m::xhnum 3 AIA Contract Documents,e-mail The American Institute of Architects'legal counsel co To report copyright violations of pyright@aia.org. § 3.6 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. ARTICLE 4 PAYMENT §4.1 Based on Contractor's Applications for Payment certified by the Architect, the Owner shall pay the Contractor, in accordance with Article 12, as follows: (insert below timing for payanents and provisions for lvithholding retainage, if any.) Progressive payments based on completed work and materials stored or on-site. See Attachment "A" §4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate below, or in the absence thereof, at the legal rate prevailing at the place of the Project. Certificate for Final Payment shall be made after the Certificate Of Occupancy Retainage to be paid within 5 days of Certificate of Occupancy ARTICLE 5 INSURANCE §5.1 The Contractor shall provide Contractor's general liability and other insurance as follows: (insert specific insurance requirements and linrit.s.) t. Main Street America Group 1,000,000 each occurrence 2,000,000 general aggregate §5.2 The Owner shall provide property insurance to cover the value Of the Owner's property, including any Work provided under this Agreement.The Contractor is entitled to receive an increase in the Contract Sum equal to the insurance proceeds related to a loss for damage to the Work covered by the Owner's property insurance. §5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations under Section 8.12. § 5.4 Each party shall provide certificates of insurance showing their respective coverages prior to commencement of the Work. § 5.5 Unless specifically precluded by the Owner's property insurance policy, the Owner and Contractor waive all rights against(I)each other and any of their subcontractors, suppliers, agents and employees,each of the other; and(2) the Architect, Architect's consultants and any of their agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance or other insurance applicable to the Work. ARTICLE 6 GENERAL PROVISIONS § 6.1 THE CONTRACT The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either writtcn or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10. Init. AIA Document.VIAR 12007(formerly A105^a—1993 and A205Tw—1993).copyright 4)1993 and 2007 by The American Institute of Architects.All rights reserved.'PlARf11;IG:This alA'�oorun,^n!Is;:rolact.•d by U.S.Cul>yr.lht Lxv an,l Irtt-.rn ili•rnni i i ;a!!es. .n.;:cth.^,ricad rpr;rlu!ainn nr Llr,aution of this AIA i7ccun,cr.t,or.u,y portion of it.;nay r^suit in ;ay.:re r_ivil:ma cn,ininnl uennitL;s.:u d :;ill Le ire: culoU tU the;n:cumun, -)xtent,nn:,Sible und_r the lacy. 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. i §6.2 THE WORK The term"Work"means the construction and services required by the Contract Documents, and includes all other labor, materials,equipment and services provided, or to be provided, by the Contractor to fulfill the Contractor's obligations. §6.3 INTENT 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 Contract Documents are complementary,and what is required by one shall be as binding as if required by all. §6.4 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS,SPECIFICATIONS AND OTHER DOCUMENTS Documents prepared by the Architect are instruments of the Architect's service for use solely with respect to this Project.The Architect shall retain all common law,statutory and other reserved rights, including the copyright.The Contractor, subcontractors, sub-subcontractors,and material or equipment suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work.The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect. ARTICLE 7 OWNER §7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER §7.1.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site. §7.1.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, the Owner shall obtain and pay for other necessary approvals,easements, assessments and charges. §7.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made. §7.3 OWNER'S RIGHT TO CARRY OUT THE WORK 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, without prejudice to other remedies,correct such deficiencies. In such case, the Contract Sum shall be adjusted to deduct the cost of correction from payments due the Contractor. §7.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS §7.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and to award separate contracts in connection with other portions of the Project. §7.4.2 The Contractor shall coordinate and cooperate with the Owner's own forces and separate contractors employed by the Owner. t §7.4.3 Costs caused by delays or by improperly timed activities or defective construction shalt be borne by the party responsible therefor. ARTICLE 8 CONTRACTOR §8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §8.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §8.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the Contractor shall (1)take field measurements and verify field conditions;(2) carefully compare this and other information known to the Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies or omissions discovered to the Architect. Init. AIA Document At 05 1-2007(formerly A105Tm—1993 and A2051"_1993).Copyright Q 1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Documcnt is protected by U.S.Copyright Law and Intermatlonal Traailes.Unauthorized rn,rroductlon or diolribution of this AIA'Document,or any portion of it,may result in;@4•ra civil:unl.r!minal p•n:;tties,and will h2 nrocec_d rp r the maximum extant possible undor the ia.v.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of 5 AIA Contract Occuments,e-mail The American Institute of Architects'legal counsel,copyrightQaia.org. I § 8.2 CONTRACTOR'S CONSTRUCTION SCHEDULE The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. §8.3 SUPERVISION AND CONSTRUCTION PROCEDURES §8.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques,sequences and procedures,and for coordinating all portions of the Work. §8.3.2 The Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the names of subcontractors or suppliers for each portion of the Work. The Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection. �. §8.4 LABOR AND MATERIALS §8.4.1 Unless otherwise provided in the Contract Documents, the Contractor shallp rovide and pay for labor, materials, equipment,tools, utilities, transportation,and other facilities and services necessary for proper execution and C completion of the Work. C C ' O � 3 §8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract Work.The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. v o a •� §8.5 WARRANTY The Contractor warrants to the Owner and Architect that: (1) materials and equipment furnished under the Contract will u be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; and(3)the Work will conform to the requirements of the Contract Documents. 3 §8.6 TAXES E The Contractor shall pay sales,consumer,use and similar taxes that are legally required when the Contract is executed. J o §8.7 PERMITS, FEES AND NOTICES 7A. c §8.7.1 The Contractor shall obtain and pay ; other permits and governmental fees, licenses band inspections necessary for proper execution and completion of the Work. The owner will pay for the building permit. a §8.7.1 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work.if the 3 Contractor performs Work knowing it to be contrary to applicable laws, statutes,ordinances,codes, rules and regulations,or lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and 0 o shall bear the attributable costs. The Contractor shall promptly notify the Architect in writing of any known C inconsistencies in the Contract Documents with such governmental laws, rules and regulations. o c. 98.8 SUBMITTALS t c o The Contractor shall promptly review, approve in writing and submit to the Architect Shop Drawings,Product Data, Samples and similar submittals required by the Contract Documents. Shop Drawings, Product Data,Samples and a similar submittals are not Contract Documents. 0 o v §8.9 USE OF SITE � The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract r` U2 Documents and the Owner. F- a §8.10 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts tit together properly. §8.11 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. At the completion of the Work, the Contractor shall remove its tools,construction equipment, machinery and surplus material; and shall properly dispose of waste materials. Init. AIA Document A105T11—2007(formerly A105711—1993 and A205114—1993).Copyright(D 1993 and 2007 by The American Institute of Architects.All rights This 11.1 cormn^nt prn!,,rto-1 r ;.S C:,pyi ight L::v,nr J I,•Iri mitt r,.1l '(o Le•; Uot tohon ._d r_•craduchon or Nstribution of this l[A tDocmn:r r,or.any parting nt it,m ly in n•rr,%J,1il ai![I r -nifml imn tit:] 1114 :nll,i.. xoscc at• ! 6 pos:;ibla under Hi Ia%v,purchasers are permitted to reproduce ten(10)copies of this document'Nhen completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org.pyright@aia.org. §8.12 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and against claims,damages, losses and expenses, including but not limited to attorneys' fees,arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death,or to injury to or destruction of tangible property(other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim,damage, loss or expense is caused in part by a party indemnified hereunder. ARTICLE 9 ARCHITECT §9.1 The Architect will provide administration of the Contract as described in the Contract Documents. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. §9.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. §9.3 The Architect will not have control over or charge of, and will not be responsible for,construction means, methods, techniques, sequences or procedures,or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility.The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. §9.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor. §9.5 The Architect has authority to reject Work that does not conform to the Contract Documents. §9.6 The Architect will promptly review and approve or take appropriate action upon Contractor's submittals, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. §9.7 The Architect will promptly interpret and decide matters concerning performance under, and requirements of,the Contract Documents on written request from either the Owner or Contractor. §9.8 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. §9.9 The Architect's duties, responsibilities and limits of authority as described in the Contract Documents shall not be changed without written consent of the Owner,Contractor and Architect.Consent shall not be unreasonably withheld. ARTICLE 10 CHANGES IN THE WORK § 10.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly in writing. If the Owner and Contractor can not areto a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus reasonable overhead and profit. IS% § 10.2 The Architect will have authority to order minor changes in the Work not involving changes in the Contract Suln or the Contract Time and not inconsistent with the intent of the Contract Documents. Such orders shall be in writing and shall be binding on the Owner and Contractor. The Contractor shall carry out such orders promptly. § 10.3'If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinatily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment. Init. AIA Document A105TIA—2007(formerly A 105T'*—1993 and A205118—1993).Copyright 11 1993 and 2007 by The American Institute of Architects.All rights reserved.'NAR 11NG:riii;AIA t)ar r,;rtiet�a.;rorcted by U.Sr _ upyi:,ilit!.air,rr.;l L.t'r..rti it,rt i r-tali.;;.Un.uitLo:i; d nnrr furtiun or <lisfribu[inn of this AIA'Dor-tm:•7nt,or any r^,'inn,I it,.nay r_:;uil.n i,il and-r.;:(c:�l;;�;;;tlii•1;, r, .;ill:;^:tro;;t::uh�d to'irnn::irtum 7 dent po:;,ihle under the!a^r.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 11 TIME § 11.1 Time limits stated in the Contract Documents are of the essence of the Contract. § 11.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, the Contract Time shall be subject to equitable adjustment. ARTICLE 12 PAYMENTS AND COMPLETION §12.1 CONTRACT SUM The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. §12.2 APPLICATIONS FOR PAYMENT § 12.2.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for Work completed in accordance with the values stated in the Agreement. Such Application shall be supported by data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require. Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored,and protected from damage, off the site at a- reed writing. location a re ed upon b b n P §12.2.2 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, Work for which Certificates for Payment have been reviousl PPnershaall 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 liens,claims,security interests or other encumbrances adverse to the Owner's interests. § 12.3 CERTIFICATES FOR PAYMENT e The Architect will,within seven days after receipt of the Contractor's'Application for Payment,either issue to the Owner a Certificate for Payment, with a copy to the Contractor, For such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part. § 12.4 PROGRESS PAYMENTS § 12.4.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner provided in the Contract Documents. § 12.4.2 The Contractor shall promptly pay each subcontractor and supplier, upon receipt of payment from the Owner, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders. § 12.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a subcontractor or supplier. I § 12.4.4 A Certificate for Payment, a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. - _ § 12.5 SUBSTANTIAL COMPLETION § 12.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the'Cuntract Documents so the Owner can occupy or utilize the Work for its intended use. r § 12.5.2 When the Work or designated portion thereof is substantially complete, the Architect will make an inspection to determine whether the Work is substantially complete. When the Architect determines that the Work is substantially complete the Architect shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish the responsibilities of the Owner and Contractor, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or desi;nated portion thereof unless otherwise provided in the Certificate of Substantial Completion. Init. AIA Document A105TM—2007(formerly A105114—1993 and A205114—1993).Copyright,10 1993 and 2007 by The American Institute of Architects.All rights reserved.Y/AR.lIfIG:This A1.4'i]ururn tnt is nrnl.:cted by U S.Cupyri;nt Law.ur.1;ntcriwtional R, alio lin;nrii!oriz d r^pro hu.;ior;or di rihution of Ihis AIA Document,ar any port!an of it,m.ny result in ,y.,ra civil:md r,rin;in I adut:: to;iia rna:ci.^.!nn 8 xtent possible under the la:r.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. § 12.6 FINAL COMPLETION AND FINAL PAYMENT § 12.6,1 Upon receipt of a final Application for Payment, the Architect will inspect the Work. When the Architect finds the Work acceptable and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment. § 12.6.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts,claims,security interests or encumbrances arising out of the Contract. §12.6.3 Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. r� ARTICLE 13 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. The Contractor shalt take reasonable precautions to prevent damage, injury or loss to employees on the Work, the Work and materials and co equipment to be incorporated therein, and other property at the site or adjacent thereto.The Contractor shall promptly CIO o remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. � o 0 ARTICLE 14 CORRECTION OF WORK 0 q §14.1 The Contractor shall promptly correct Work rejected by the Architect as failing to conform to the requirements of p the Contract Documents.The Contractor shall bear-the cost of correcting such rejected Work, including the costs of M, I= uncovering, replacement and additional testing. §14.2 In addition to the Contractor's other obligations including warranties under the Contrcct, the Contractor shall, for Q a period of one year after Substantial Completion,correct work not conforming to the requirements of the Contract Documents. OE §14.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 7.3. a? o ARTICLE 15 MISCELLANEOUS PROVISIONS §15.1 ASSIGNMENT OF CONTRACT r~ , Neither party to the Contract shall assign the Contract as a whole without written consent of the other. EU > a § 15.2 TESTS AND INSPECTIONS a,2 §15.2.1 At the appropriate times, the Contractor shall arrange and bear cost of tests, inspections and approvals of a) portions of the Work required by the Contract Documents or by laws,statutes,ordinances, codes, rules and regulations, d 4- or lawful orders of public authorities. 40. § 15.2.2 If the Architect requires additional testing,the Contractor shall perform those tests. ���.. § 15.2.3 The Owner shall bear cost of tests, inspections or P approvals that do not become requirements until after the p � Contract is executed. v Fees for Testing are indicated within article 3.4 § 15.3 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. ARTICLE 16 TERMINATION OF THE CONTRACT § 16.1 TERMINATION BY THE CONTRACTOR If the Architect fails to certify payment as provided in Section 12.3 for a period of 30 days through no fault of the Contractor,or if the Owner fails to make payment as provided in Section 12.4.1 for a period of 30 days, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit, and costs incurred by reason of such termination. Init. At Document A105Tw—2007(formerly A105TM—1993 and A205T`—1993).Copyright,D 1993 and 2007 by The American Institute of Architects.All rights reserved.'NARNING: r;is AIA oarument is protect, i ry I1.;;.C }yr! !h;r_,.•y,,;rf liif 7r;,a;in;t�l ; , ue;;.Un,n;Ihorit._l roproifuction ar mty iistrihution of this AIA'Dacut,or;uiy portion of it,rnry r reult in ;._.yarn,cFyil nil r,rimin:I nnitic:,,md will •,pro;acu!s;t to fila;na:for n 9 ?xtent possible under tha 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. i §16.2 TERMINATION BY THE OWNER FOR CAUSE §16.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors; .3 persistently disregards laws,ordinances,or rules, regulations or orders of a public authority having jurisdiction; or .4 is otherwise guilty of substantial breach of a provision of the Contract Documents. §16.2.2 When any of the above reasons exist, the Owner, after consultation with the Architect, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any,seven days' written notice, terminate employment of the Contractor and may .1 take possession of the site and of all materials thereon owned by the Contractor, and .2 finish the Work by whatever reasonable method the Owner may deem expedient. §16.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 16.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. § 16.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,such excess shall be paid to the Contractor. If such costs exceed the unpaid balance,the Contractor shall pay the difference to the Owner.This obligation for payment shall survive termination of the Contract. §16.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause.The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 17 OTHER TERMS AND CONDITIONS (Insert any other teens or conditions belot:v.) The owner-will supply the check for the building permit to the Architect upon request. The Architect will provide and get the general building permit. Each sub-contractor either under sub contract or not with with Centore Design Build Inc.,shall submit for, access, and pay for each required permit themselves,at not cast to the owner. It is the responsibility of the general contractor to ensure that all sub-contractors have the appropriate permits for the work to be preformed. Progress payments shall be made based on performed work,site materials,stored and valued materials.Certificate of payment shall be made by the contractor with material and performance determination for approval. Payments on approved payment schedule and stored material determination shall be made by the owner within 3 days of the approved application for payment. Init. AIA Document A IOSTM—2007(formerly A10 Tl*_—1993 and A20571—1993).Copyright J 1993 and 2007 by The American Institute of Architects.All rights reserved. r',l:\ ,r,�,r ::.:; .;t i.:..,.1 r:v.!�: L u un.;nt,or,in'/Portion of:t, :,ray r aiR m s.r„; l nr_! u n: chin;rr 10 m;d;2r rh- I.."v.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright v]I;.!liMilill lons of t AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,co ri hl@ aia.org. PY 9 i This Agreement entered into as of the day and year first written above. (If required by law, insert cancellation period, disclosures or other warnhtg statements above the signatures.) OWNER CON RACTOR Zak AU (Signature) .s r (Signature) Robert Carberry trustee Robert Centore president (Printed huune, title and address) (Printed name, title and address) KLC Realty Trust Centore design Build Inc 110 Sutton Street North Andover,MA Winding Brook Lane Kennebunk ME 04043 . i ( ---� `/ LICENSE NO. CS-024667 (Signature) Robert Carberry JURISDICTION Ma (Printed name, title and address) 110 Sutton Street North Andover MA c t c C:1UTION: YOU should sign an oric)in,l ;i�1 Coi;±r�r:t _7: 'r rt, 10 original assmos '.hat citnnr,es;vill not bol obscured. Inst. AIA Document A105T'A—2007(formerly A 10511—1993 and A205TM—1993).Copyright,Zi 1993 and 2007 by The American Institute of Architects.All rights reserved.'NARMING riti,;ki,i Drr ur,nt I;pr,rtect i r ! t. i :!.-stritnrtian of t^;. 41A Uo,:uiner.t.or.ray;:onion,rf it,,;,, -�._,r,t.n ,.•,..r.. -:r.l .,:I �„ii,:1 ,. .i:• mld�r the I r;r.Purchasers are permitted to reproduce ten(10)copies of this document w.;hen�:completed.To report copyright violationsrn of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyrightC@aia.org. Attachment"A" Construction of 2 new dance studios,additional renovations as delineated in contract documents dated 4.6.2013 Centore Design Build Inc. KLC Realty. Contract amount$381,906.00 Payment schedule: Deposit: 30%,($114,571.80) Progress payments shall be made based on performed work,site materials,stored and valued materials.Certificate of payment shall be made by the contractor with material and performance determination for approval.Payments on approved payment schedule and stored material determination shall be made by the owner within 3 days of the approved application for payment. Retainage: 5% ( 19,095.30) Retainage shall be held until 5 days after Certificate of Occupancy. Chippendale's Dance Studio 110 Sutton St. June July AugSet Oct Nov Temp. Fence 24 -25 Storm Water 26h-I O M tment Wooden Guardrail 11 -17` Cape Cod Berm Remove Asphalt 18 -24 Excavate Foundation Footings 29"-30" Pourd Walls 31 st-7` Backfill/Compaction 1'2 -14 Concrete Slab 19'h-2 I st Saw Cuts 26th Finish Gradin 27` -30` Steel Fabrication 2° -6` Roofing 9th_13 th Metal Studs/Sheating 9h-13 Windows/Doors 16 -18` Siding 23rd-26` Rough Electrical 30` -4 Rough HVAC 30` -4tb Rough Fire Alarm 7` _9t Rough Sprinkler 9th-I i th Insulation 15` -16` Wallboard 17` -22" Painting 28` -315` Finish Electrical Finish HVAC 11` 4th ***all dates are subject to change* 1 el I klasuch usetts-Department of Public^Safety soat4t of Building R 'ulation e9 s and Standards "Canstruction Supen:isor Licenses CS*24867 rrs. ROB J CB,iV�p tri, S WINDI (; mnlu* . J.2C... kriAt�a Commissioner £xpirafiori:. 03H 1J�14: - tfnc�strided-Buil of use s Y gtottp which. coulain less than 35,000 cubic feet(991m)-of enclosed space. ailure-to possessacurrent edition ofthe M ttsetts 3tatie BOOM Code is cause for "4 - .. revocation :liCcng ioFutmatfon vktt www:Mess;Gcy '`' - ' 1 1 • i .'----- ------ ---- - -- --- - ----• --- ---D---E----- -- - - -• _.._.._ _._ ._._.. ...- ----.. .__ . ._..--- -. ..._ . _____ _BELOW. THIS CERTIFICATE OF INSURANCE OS NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER cNAMEoNTAcT Donna Brunelle Cole Harrison AgencyP HONE (207)985-3361 FAX 2 83 Main Street -MAIL s.dbrunelle@coleharrison.com °•( 47)935-7977 ADDRESS: P.O. BOX 358 PRODUCERMEE 0007847 Kennebunk ME 04043 INSURERS AFFORDING COVERAGE NAIC 0 INSURED _-] INSURERA in Street �@r].C8 rsr0 INSURER 8: Centore Design Build Inc INSURERC: 5 Winding Brook Dr INSURERD: 1Cennebunk 14E 04043 INSURER E: COVERAGES CERTIFICATE NUMBER..CL.12113004138 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBERM GCD MMND LIMITS LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Eo RE "'cu cel $ 500,000 A CLAIMS MADE ®OCCUR 7120F /4/2012 9/4/2013 MED EXP(Any onePerson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMB $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY(Per person) $ SCHEDULED AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS PROPERTY DAMAGE $ (Per accident) NON-OWNED AUTOS $ UMBRELLAIJAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WOCRY_LMITS STATU- OTH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNER/EXECUTIVE❑ E.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? NIA (Mandatory In NH) If yes, E.L.DISEASE-EA EMPLOYEII er DESCRIPTION describe undOF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 7- DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) r CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ID p ACCORDANCE WITH THE POLICY PROVISIONS. Evidence of Insurance AUTHORIZED REPRESENTATIVE Jamie Whitten/JLW - —--— ACORD 25(2008/09) ©1888.2009 ACORD CORPORATION. All rights reserved. INS025(2oogn) The ACORD name and logo are registered marks of ACORD i CONSTRUCTION CONTROL Address: 110 Sutton Street Owner: KLC Realty Trust Architect/Engineer: Douglas Mund deisgngroup In accordance with Section 107.0 of 780 CMR 8th Edition,the Massachusetts State Building Code,I Charles Maira.Douglas Mund desi ngrou,..p Registration No 5552 being a registered professional architect/engineer in the State Of Massachusetts,hereby certify that I have prepared or directly supervised the preparation of all design plans, computations andspecifications concerning: Entire Project X Architectural Structural Mechanical Electrical Fire Protection Other(Specify) For the above named project and that,to the best of my knowledge,such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code,all acceptable engineering practices and applicable laws and ordinances for the proposed use and occupancy. I further 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 accordance with the documents approved for the Building Permit and shall be responsible for the following as specified in Section 107.6.2. 1.Review of shop drawings,samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit approval for conformance to the design concept and this code. 2.Review and approval of the quality control procedures for all code required controlled materials. 3.Special architectural or engineering professional inspection of critical construction components requiring controlled materials or construction specified in the accepted engineering practice standard list in Ch. 17 of the Massachusetts State Building Code. PURSUANT TO SECTION 107.6.2.3 AND/OR 107.6.2.4 I SHALL SUBMIT PERIODICALLY'A PROGRESS REPORT TOGETHER WITH PERTINENT COMMENTS TO THE NORTH ANDOVER BUILDING INSPECTOR.UPON COMPLETION OF THE WORK,I SHALL SUBMIT A FINAL REPORT AS TO THE SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOR OCCUPANCY. Signature/Seal SES J. f C . 5552 Date 1. ID 6aso OF 9 f NORTty _ O ,%.eO , '9 �6 O 10 rrt�lF'0 �` 04 �� �w K• °� 20(3 APR -4 n 8: 37 ACHU PLANNING DEPARTMENT Community Development Division 1600 Osgood Street This is to certify that twenty(20)days North Andover, Massachusetts,01845 have elapsed from date of clslo'�, without filing ofa eat. Date J Jeyee A.Brad haves--"-"- SITE PLAN REVIEW DECISION Tow01@fk Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: April 2, 2013 Date of Hearing: April 2, 2013 Date of Decision: April 2, 2013 Petition of: Douglas Mund/Douglas Mund Design Group 132 King Street Groveland, MA 01834 Premises Affected: 110 Sutton Street, Assessors Map 17 Lot 9. Referring to the above petition for a Site Plan Special Permit, from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.3 1, and M.G.L.c.40A, Sec. 9. So as to allow the construction of a single-story 3,796 sq. ft. addition to an existing building. The project includes stormwater drainage improvements and landscaping within the General Business (GB) Zoning District. After a public hearing given on the above date, and upon a motion by Lora McSherry and 2"d by Dave Kellogg to APPROVE the Site Plan Special Permit as amended and based upon the following conditions. Vote was 5—0 in favor of the application. Oehalf of the Nort ndover Planning Board J n Simons Richard Rowen Michael Colantoni Dave Kellogg i Lora McSherry ATTEST` ' .' A True Copy' Town"Clerk.'. 1 + I 10 Sutton Street. Map 17,Parcel 9 Site Plan Special Permit—3,796 sq. ft. addition The Planning Board herein APPROVES the Site Plan Special Permit to allow the construction of a single- story 3,796 sq. ft. addition to an existing building and parking lot. The project includes stormwater drainage improvements and landscaping within the General Business (GB) Zoning District. The project is located at 110 Sutton St., North Andover, Massachusetts, 01845, Assessors Map 17, Parcel 9 within the General Business (GB) Zoning District. The parcel totals approximately 53,943 sq. ft. with frontage on Sutton St. This Special Permit was requested by Douglas Mund of Douglas Mund Design Group, 132 King St., Groveland, MA 01834. The application was filed with the Planning Board on or about February 15, 2013. The public hearing on the above referenced application was opened on April 2,2013,and closed by the North Andover Planning Board on April 2, 2013. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec.9. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: I) The specific site is an appropriate location for the project as it is an addition to an existing commercial building within the General Business(GB) District. 2) Based on input received from both the Planning Board and the Planning Board's stormwater management consultant, the applicant is providing for a substantial stormwater management benefit for both volume and flow of stormwater from the existing parking lot and the new addition, thus complying with Massachusetts Stormwater Standards, as well as the Planning Board's Site Plan Review standards. The existing stormwater runoff flows directly, untreated, into the adjacent Merrimack River, whereas the proposed change will provide both treatment and attenuation through the use of stormwater BMPs described below. 3) Runoff from the existing parking area will be directed towards two sediment forebays, located at the northern edge of the existing parking area. These forebays are designed to capture, pre-treat and attenuate the flow from the parking area. Also, a level spreader to disperse discharge along the bank of the river will be constructed. The existing pavement in front of the new addition will be removed and replaced with loam and seed and roof drainage from the addition will be discharged onto the new lawn area. 4) The Planning Board's consulting stormwater engineer has stated that the proposed work is consistent with the state's Stormwater Management Standards for redevelopment projects. The design also exceeds the compensatory storage requirements for construction in a flood zone. See letter from Eggleston Environmental dated March 15, 2013. 5) The proposed landscaping in the front of the building will provide a substantial improvement to the area since it will replace existing asphalt, which will be removed. 6) The use as developed will not adversely affect the neighborhood as the existing building is in the General Business(GB)Zone. 7) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will not have a significant impact on pedestrian safety and vehicular circulation since the existing parking area provides sufficient parking spaces for the building addition. 2 I 10 Sutton Street. Map 17,Parcel 9 Site Plan Special Permit—3,796 sq. ft. addition 8) Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3.5, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: DEFINITIONS and WAIVERS 1) Permit Definitions: A) The "Locus" or "Site" refers to the 53,943 sq. ft. parcel of land with land fronting on Sutton Street as shown on Assessors Map 17, Parcel 9, and also known as 110 Sutton Street, North Andover, Massachusetts. B) The "Plans" refer to the plans prepared by DGT Survey Group — North Shore entitled "Preliminary Site Improvement Plan 110 Sutton Street in North Andover, Mass Essex County.", dated February 15, 2013 consisting of Sheets 1 through 3, C) The "Project" refers to the construction of a single-story 3,796 sq. ft. addition to an existing building. The project includes stormwater drainage improvements and landscaping within the General Business(GB)Zoning District. D) The "Applicant" refers to Douglas Mund/Douglas Mund Design Group, the applicant for the Special Permit, its successors and assigns. EEThe"Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 2) Waivers: The Applicant has requested waivers from the following provisions of the Town of North Andover Zoning Bylaw, including Section 8.3.5.e (xix)— Traffic Study, (xxii) — Fiscal Impact, and (xxiii) — Community Impact. As part of this decision, the Planning Board has granted the above waivers, in that it has found that the Applicant has provided sufficient information as part of its application to address all traffic, fiscal,community, and other impacts. SPECIAL CONDITIONS: 1) PRIOR TO THE START OF SITE WORK OR CONSTRUCTION A) Three(3)copies of the signed, recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. C) One copy of the recorded Conservation Commission Order of Conditions and the Stormwater Pollution Prevention Plan must be provided. D) A detailed construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. Construction of the stormwater management improvements shall be implemented during the first phase of construction and during a period of low flow in the Merrimack River. 3 I 10 Sutton Street. Map 17,Parcel 9 Site Plan Special Permit—3,796 sq. ft. addition E) The applicant shall provide a copy of project approval from the Natural Heritage Endangered Species Protection program (NHESP). 2) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT A) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of insuring that the site is constructed in accordance with the approved plan and that a final as-built plan is provided, showing the location of all on-site structures and stormwater management improvements. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. B) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. C) The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning and Conservation Departments. The monitor will oversee the construction of the stormwater management system to ensure that the system is built according to the plan and that the level spreader functions properly. The construction monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. D) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. All existing trees that will remain in the landscaped area are to be marked prior to the pre-construction meeting. E) A pre-construction meeting must be held with the developer, their construction employees, Planning Department,and other applicable departments,to discuss the construction schedule. 3) DURING CONSTRUCTION A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. C) It shall be the responsibility of the developer to assure that no erosion from the construction site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shalt give the developer elorer written notice of any such finding and ten days to cure said condition. 4) PRIOR TO A CERTIFICATE OF OCCUPANCY 4 • 110 Sutton Street. Map 17,Parcel 9 Site Plan Special Permit—3,796 sq.ft. addition A) The applicant must submit a letter from the architect and engineer.of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively,the applicant and/or property owner may provide a bond, determined by the Planning Board, to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to the use,of the building: B) All stormwater structures shall be cleaned, in accordance with the approved Stormwater Operation& Maintenance Plan: 5) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening as may be reasonably required_ by the Planning Staff will be added at the Project.Owner's expense. . B) A final as-built plan showing final topography,.the location of all on-site utilities, structures,curb, cuts, parking spaces and drainage facilities, including invert elevations of, all stormwater structures, must be submitted to the Planning Department. This as-built plan shall be submitted to the Town Planner for approval and must be provided in paper form as.well as in SDF (Standard Digital_File) format. The applicant must also submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially"comply with the plans referenced at the end of this decision as endorsed by the Planning Board. C) The Planning Board°must by a majority vote make a finding that the site is in conformance with the a approved plan. 6) GENERAL CONDITIONS A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. C) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. D) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. E) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. F) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board.. G) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. 5 d 110 Sutton Street. Map 17, Parcel 9 Site Plan Special Permit—3,796 sq. ft. addition H) This Special Permit approval shall be deemed to have lapsed after April 2,2015 (two years from the date permit granted), exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period or for good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun site grading and tree clearing as noted on the Permit Site Plan. 1) The following information shall be deemed part of the decision: Plan titled: "Preliminary Site Improvement Plan 110 Sutton Street in North Andover, Mass Essex County." Prepared for: Nancy Chippendale's Dance Studios 110 Sutton Street North Andover, MA 01845 Prepared by: DGT Survey Group—North Shore 18 Center Street, Suite 1 Newburyport, MA 01950 Date: Dated February 15, 2013 Sheets: 1 through 3 Plan Titled: Design and Planning Work Proposed First Floor Prepared for: Nancy Chippendales's Dance Studios Prepared by: Douglas Mund Design Group 132 King Street Groveland, Ma Date: 3/19/2013 Scale: 1/8"=1' —0" Sheets: 1 through 5 cc: Town Departments Applicant Engineer Abutters Assessor 6 I Commonwealth of Massachusetts ff I MW 15 140 1 phk En Itp � I wasneffies & Volaliveh �.1 MASSWUd/ife Wayne F.MacCallum,Director April 24,2013 North Andover Conservation Commission 1600 Osgood Street Building 20 Suite 2-36 North Andover MA 01845 Douglas Mund Designgroup c/o The Neve Morin Group,Inc. 477 Boston Street Topsfield MA 01983 RE: Applicant: Douglas Mund Designgroup Project Location: 110 Sutton Street Project Description: Installation of Stormwater Management Structures DEP Wetlands File No.: 242-1591 NHESP File No.: 13-32075 Dear Commissioners&Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife(the"Division') received a Notice of Intent with site plans (dated 2/15/2013,revised 3/6/2013) in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.58(4)(b), 10.59). The Division also received the MESA Review Checklist and supporting documentation for review pursuant to the MA Endangered Species Act Regulations (321 CMR 10.18). WETLANDS PROTECTION ACT MTA) Based on a review of the information that was provided and the information that is currently contained in our database, the Division has determined that this project, as currently proposed, will not adversely affect the actual Resource Area Habitat of state-protected rare wildlife species. Therefore, it is our opinion that this project meets the statelisted species performance standard for the issuance of an Order of Conditions. Please note that this determination addresses only the matter of rare wildlife habitat and does not pertain to other wildlife habitat issues that may be pertinent to the proposed project. MASSACHUSETTS ENDANGERED SPECIES ACT(MESA) Based on a review of the information that was provided and the information that is currently contained in our database, the Division has determined that this project, as currently proposed, will not result in a prohibited "take" of state-listed rare species. This determination is a final decision of the Division of Fisheries and Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional work beyond that shown on the site plans may require an additional filing with the Division pursuant to www.masswildlife.org Division of Fisheries and Wildlife Temporary Correspondence: 100 Hartwell Street,Suite 230,West Boylston,MA 01583 Permanent:Field Headquarters,North Drive,Westborough,MA 01581 (508)389-6300 Fax(508)389-7890 An Agency of the Department of Fish and Game r� NHESP No. 13-32075,page 2 of 2 the MESA. This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination,or if there is a change to the project. Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions regarding this letter please contact Lauren Glorioso,Endangered Species Review Assistant,at(508)389-6361. Sincerely, Thomas W.French,Ph.D. Assistant Director cc: MA DEP Northeast Region Scott Cameron,The Neve-Morin Group,Inc. Robert Carberry,KLC Realty Trust E RECEIPT Printed:05-20-2013 @ 15:40:29 Essex North Registry M. Paul Iannuccillo Register 169 Bk 134741='� 1�s0 T Trans#: 12360 Oper:RICHARDB 05-20-2f313 a 03 = 40P MUND DESIGN Book: 13474 Page 160 Inst# 14169 Ctl#: 288 Rec:5-20-2013 ® 3:40:26p NAND 110 SUTTON ST DOC DESCRIPTION TRANS AMT ----------- LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1591 WPA Form 5 -Order of Conditions eDEP Transaction#:557550 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER A. General Information 1.Conservation Commission NORTH ANDOVER 2.Issuance a. r OOC b.C Amended OOC 3.Applicant Details a First Name DOUGLAS MUND DESIGNGROUP/DMDG2 b.Last Name c.Organization C/O THE NEVE-MORIN GROUP,INC. d Mailing Address 447 BOSTON STREET e.Cityfrown TOPSFIELD f.State MA g.Zip Code 01983 4.Property Owner a First Name ROBERT C. b.Last Name CARBERRY,TRUSTEE c.Organization KLC REALTY TRUST d.Mailing Address 110 SUTTON STREET e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address 110 SUTTON STREET b.Cityfrown NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 17 e.Parcel/Lot# 9 f.Latitude 42.70587N g.Longitude 71.13604W 6.Popertq recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 4270 30 TDates a Date NOI Filed: 3/25/2013 b.Date Public Hearing Closed:4/24/2013 c.Date Of Issuance: 4/25/2013 8Final,Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: SITE DGT SURVEY GROUP EDWARD DIXON,PLS& IMPROVEMENT _NORTH SHORE SCOTT P.CAMERON,P.E. 4/4/2013 1"=20' PLAN EXISTING DGT SURVEY GROUP EDWARD DIXON,PLS Feb. 15,2013 1"=20' CONDITIONS -NORTH SHORE Page 1 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File 4:242-1591 i MTA Form 5 -Order of Conditions eDEP Transaction#:557550 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CitylIown:NORTHANDODOVER A. General Information 1. Conservation Commission NORTH ANDOVER 2.Issuance a. r OOC b.r Amended OOC 3.Applicant Details a.First Name DOUGLAS MUND DESIGNGROUP/DMDG2 b.Last Name' c.Organization C/O THE NEVE-MORIN GROUP,INC. d.Mailing Address 447 BOSTON STREET e.City/Town TOPSFIELD f.State MA g.Zip Code 01983 4.Property Owner a.First Name ROBERT C. b.Last Name CARBERRY,TRUSTEE c.Organization KLC REALTY TRUST d.Mailing Address 110 SUTTON STREET e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address 110 SUTTON STREET b.Cityaown NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 17 e.Parcel/Lot# 9 f.Latitude 42.70587N g.Longitude 71.13604W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 4270 30 7.Dates a.Date NOI Filed:3/25/2013 b.Date Public Hearing Closed: 4/24/2013 c.Date Of Issuance:4/25/2013 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: SITE DGT SURVEY GROUP EDWARD DIXON,PLS& IMPROVEMENT _NORTH SHORE SCOTT P.CAMERON,P.E. 4/4/2013 V=20' PLAN EXISTING DGT SURVEY GROUP EDWARD DIXON,PLS Feb. 15,2013 1"-20' CONDITIONS NORTH SHORE Page 1 of 10 ELECTRONIC COPY Massachusetts.Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1591 WPA Form 5 -Order of Conditions eDEP Transaction#:557550 LAI 0 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 . City/Town NORTH ANDOVER DETAILS(SHEET 3 DETAIL SHEET(2) EDWARD DIXON,PLS& 3/6/2013 &4) SCOTT P.CAMERON,P.E. B. Findings 1.Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. r✓ Public Water Supply b. r Land Containing Shellfish C.r Prevention of Pollution d. r Private Water Supply e. (✓ Fisheries f. r Protection of Wildlife Habitat g. r Ground Water Supply h. r Storm Damage Prevention i. r Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a.F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: b.r—The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may riot go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3 r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource area specified in 310CMR10.02(1)(a). a.linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. G Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.r— Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet i Page 2 of 10*ELECTRONIC COPY i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1591 WPA Forma 5-Order of Conditions eDEP Transaction#:557550 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town-NORTH ANDOVER 6. r Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet e.c/y dredged f.c/y dredged 7.F Bordering Land Subject to Flooding 5000 5000 .5000 5000 a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage 1641 1641 5040 5040 e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8.f Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9.F Riverfront Area 5000 5000 a.total sq.feet b.total sq.feet Sq ft within 100 ft 5000 5000 5000 5000 c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.F--Designated Port Areas Indicate size under Land Under the Ocean,below 11.F-Land Under the Ocean a square feet b.square feet c.c/y dredged d.c/y dredged 12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.r.-Coastal Beaches a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14.r Coastal Dunes a square feet b.square feet c.c/y nourishment d.c/y nourishment 15.1-Coastal Banks a.linear feet b.linear feet 16.r Rocky Intertidal Shores a.square feet b.square feet 17.r Salt Marshes a.square feet b.square feet c.square feet d.square feet 18.F Land Under Salt Ponds Page 3 of 10*ELECTRONIC COPY LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1591 WPA Form 5 - Order of Conditions eDEP Transaction#:557550 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER a.square feet b.square feet c.c/y dredged d.c/y dredged 19.r Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above c.c/y dredged d.c/y dredged 21.r Land Subject to Coastal Storm Flowage a.square feet b.square feet 22. F- Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BV W b.square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings Ce General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the pemlittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances,bylaws,or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a.the work is a maintenance dredging project as provided for in the Act,or b.the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including Page 4 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1591 WPA Foran 5-Order of Conditions eDEP Transaction#:557550 City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, until all proceedings before the Department have been completed 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or'MassDEP") File Number:"242-1591" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) F is not(2)r- subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff maybe discharged to the post-construction stormwater BMPs unless and until a Registered Page 5 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1591 i WPA Form 5-Order of Conditions eDEP Transaction#:557550 l Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the firture responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. fl The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request,and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the Page 6 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1591 WPA Foran 5-Order of Conditions eDEP Transaction#:557550 CitylTown:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. i) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: SEE ATTACHED. Page 7 of 10 ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: MassBureau of Resource Protection-Wetlands eDEP Transaction File ion#: 1591 WPA Foran 5-Order of Conditions eDEP Transaction#:557550 City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 MCI A Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable?r Yes r No 2• The Conservation Commission hereby(check one that applies): a. G DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. r APPROVES the proposed work,subject to the following additional conditions. NORTH ANDOVER WETLANDS 2.Citation CHAPTER 178 1.Municipal Ordinance or Bylaw PROTECTION BYLAW 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. Page 8 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1591 r?\. WPA Form 5 - Order of Conditions eDEP Transaction#:557550 City/Town-NORTH ANDOVER { Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 E. Signatures z This Order is valid for three years from the date of issuance,unless otherwise specified pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Dat of Oi ig fnal brder Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by 2 Numbe of Signers a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically,and the property owner,if different from applicant. Signatures: U F- by hand delivery on FXy certified mail,return receipt requested,on Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 9 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1591 f WPA Form 5-Order of Conditions eDEP Transaction#:557550 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-NORTH ANDOVER G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Us page shall be submitted to the Conservation Commission listed below. NORTH ANDOVER Conservation Commission Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. .......................................................................................................................................................................................................... To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: 110 SUTTON STREET 242-1591 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for. Property Owner ROBERT C.CARBERRY,TRUSTEE and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant Rev.4/1/2010 Page 10 of 10*ELECTRONIC COPY DEP FILE#242 - 1591 Findings: • The Applicant proposes to construct a 3,796 s.f.'single-story addition at 110 Sutton Street. • The proposed construction is outside the jurisdiction of the North Andover Conservation Commission(NACC). • The North Andover Planning Board issued a Site Plan Special Permit for the project on April 2,2013. • Stormwater review by Lisa Eggleston of Eggleston Environmental,recommended that Stormwater Management improvements be made to an area within the jurisdiction of the NACC. • On April 27, 2013, the NACC approved waiver requests of Section 2.4,3.4 and 7.0 of the North Andover Wetland Protection Bylaw Regulations. Therefore, the North Andover Conservation Commission (hereafter the "NACC) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations,the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent,the conditions shall control. GEllTEIZA . CONDTI'IONS proposed work includes: construction of stormwater management structures 20. The ro g P P associated with the expansion of a commercial structure located outside of jurisdictional resource areas. The stormwater management structures are located in Riverfront Area, Bordering Land Subject to Flooding, and the buffer zone to Bordering Vegetated Wetland and Inland Bank. An Operation&Maintenance Plan is included as part of the proposal. 21. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): KLC Realty Property Owner: y Trust Robert C. Carberry,Trustee 110 Sutton Street North Andover,Massachusetts 01845 Applicant: Douglas Mund designgroup/dmdg2 132 King Street Groveland,MA 01834 242-1591,Sutton Street 110 1 NACC 4/25/2013 DEP FILE#242 - 1591 Notice of Intent/Stormwater Report filed by: Scott Cameron The Neve-Morin Group,Inc. 447 Boston Street Topsfield, MA 01983 Received: March 23,2013 Project Report: Prepared by: Neve-Morin Group, Inc. Titled: Project Report, Drainage Analysis & Riverfront Area Narrative Date: March 6,2013 Site Plans prepared by: DGT Survey Group -North Shore 18 Center Street,Suite 1 Newburyport, MA 01950 Titled: Site Improvement Plan(Sheet 1) Existing Conditions Plan(Sheet 2) Detail Sheet(Sheets 3 &4) Date: Feb. 15, 2013 Last Revised: 4/4/13 Stamped by: Edward Dixon,PLS Operation&Maintenance Plan: Date: March 6, 2013 (attached hereto) Other Record Documents: Stormwater Review Letter Prepared by: Lisa Eggleston Eggleston Environmental Date: March 15,2013 Letter from NHESP Date: 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 242-1591,Sutton Street 110 2 NACC 4/25/2013 DEP FILE#242 - 1591 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However,the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,the Act(310 CMR 10.00), the North Andover Wetland ByLaw and Regulations,and may require any information measurements photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,state or local statutes, ordinances,by-laws or regulations. 27. The work authorized hereunder shall be completed within three,Tears from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30.Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: Riverfront Area, Bordering Land Subject to Flooding,and Buffer Zone to Bordering Vegetated Wetland (BVW) and Inland Bank. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 242-1591,Sutton Street 110 3 NACC 4/25/2013 v DEP FILE#242 - 1591 33. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown.on the plans dated referenced herein. 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(25') No- Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as shown as shown on the record plan referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. 35. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 36. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding,storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover 242-1591,Sutton Street 110 4 NACC 4/25/2013 DEP FILE#242 - 1591 Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words"Massachusetts DEP,File Number 242-1591." 40. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation-of sedimentation/erosion control devices, grading,construction, and final stabilization. 43. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 44. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the herein referenced plans. The erosion control shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any 242-1591,Sutton Street 110 5 NACC 4/25/2013 i DEP FILE#242 - 1591 noticeable degradation of surface water quality discharging from the site. For example,installation of erosion control measures.may be required in-areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commissions request. 45. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling fifteen(15) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 46. A check payable to the Town of North Andover shall be provided in the amount of $5,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC,and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project,provided that provisions,satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 47. The applicant shall designate a Wetland Scientist(or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement-of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes.The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 48. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized,the applicant shall submit a written report with photos from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their 242-1591,Sutton Street 110 6 NACC 4/25/2013 DEP FILE#242- 1591 maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 49. Prior to construction, the applicant shall permanently mark the edge of the"25' No- Disturbance Zone" to Top of Bank with signs or markers spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Markers may be obtained at the Conservation Department($2 round/$3 square). 50. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via"Appendix A signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5)business days prior to the closing of said land transaction. 51. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer/wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). 242-1591,Sutton Street 110 7 NACC 4/25/2013 DEP FILE#242 - 1591 F:IORMWATER MANAGEMENT CONDITIONS 52. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent,the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 53. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 54. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 55. All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan and incorporated in the Order of Conditions. The approved Operation&Maintenance Plan is fully binding upon the applicant and/or owners,successors, agents,associations,heirs and assigns and must be adhered to in perpetuity. Maintenance of the stormwater management system shall be conducted on an annual basis by a Registered Professional Civil Engineer. Maintenance bills submitted by cleaning contractors (catch basins, stormcepters,etc.) shall be maintained with annual engineering reports. A log/proof of annual maintenance activities as required by the Operation&Maintenance Plan shall be maintained for not less than the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 56. Stormwater management structures/swales shall not be used for snow stockpiling. No-Salt/No-snow Stockpiling Signs shall be placed at the sediment forebays/swales and shall be maintained in perpetuity. 57. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures,subsurface storage areas, and other I lements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas,and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 242-1591,Sutton Street 110 8 NACC 4/25/2013 DEP FILE#242 - 1591 58. Upon beginning work,the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report (see Condition#48). 59. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 60. Associated pavement and roadways shall be swept at least weekly during construction or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un- stabilized. 61. Any fill used in connection with this project shall be clean fill,containing no trash, refuse,rubbish or debris, including but not limited to lumber,bricks,plaster,wire, lath, paper, cardboard,pipe, tires, ashes,refrigerators,motor vehicles or parts on any of the foregoing. 62. All exposed soil finish grade surfaces shall] be immediately landscaped and stabilized, or loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be graded,loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 63. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 64. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. 65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 66. All waste generated by, or associated with,the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other 242-1591,Sutton Street 110 9 NACC 4/25/2013 DEP FILE#242 - 1591 means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 67. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 68. During and after work on this project,there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication or maintenance is to be done within 100 feet of a resource area. CA7FT� ONSTRUCTION f '77 69. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection ByLaw. 70. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland Protection ByLaw and shall remain in perpetuity. 71. There shall be no dumping of leaves,grass clippings,brush, or other debris into a wetland resource area or within 25 feet of a wetland resource area. This condition shall remain in perpetuity. 72. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 73. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 74. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." 242-1591,Sutton Street 110 10 NACC 4/25/2013 DEP PILE #242 - 1591 b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ` ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions,fences, sheds, stone walls, pools,retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes an disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 75. The following special conditions shall survive the issuance of a Certificate.af Compliance (COC)for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-1591..Future work within 100' of__ existing wetland resource areas will require a separate filing with the.NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of.the 242-1591,Sutton Street 110 11 NACC 4/25/2013 DEP PILE#242 - 1591 NACC do not have the authority to waive these setbacks as established under the local ByLaw; Resource Area Markers (Condition#49); Stormwater Management System Operations and Maintenance (Condition #55); No Snow-Stockpiling/No-Salt signage (Condition#56); ➢ Discharge or spillage of pollutants (Condition#68); Prohibition of underground fuels (Condition#69); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions #70) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#71); ➢ The attached "Operations and Management Plan', including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. 242-1591,Sutton Street 110 12 NACC 4/25/2013 DEI'FILE#242 - 1591 APPENDIX A-AFFIDAVIT L on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. & 4. 1 hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) & 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) 242-1591,Sutton Street 110 13 NACC 4/25/2013 a ! n fitl 'n' Vv Page 21 i OPERATION&MAINTENANCE PLAN FOR 110 Sutton Street North Andover,MA March 6,2013 The success of the stormwater management plan depends on the proper implementation, operation, and maintenance of several management components. The following procedures shall be implemented to ensure success of the Stormwater Management plan: fi 1. The contractor shall comply to the details of construction of the site as shown on the plans. 2. The sediment forebays, level spreaders, outlet protection and check dams shall be inspected and maintained as required in Table 1. I 3. Effective erosion control measures during and after construction shall be maintained until a stable turf is established on all altered areas. THE MAINTENANCE PLAN During Construction: The Contractor constructing the site and drainage system shall be responsible for maintaining the stormwater system during construction i i i Routine maintenance of all items shall be performed in order to ensure adequate runoff and pollution control during construction. Once construction is complete, the property owner, Nancy Chippendale's Dance Studio, shall assume responsibility to operate and maintain the stormwater management components. The owner shall be responsible for all maintenance activities needed following the construction. The maintenance schedule shown in Table 1 shall be done in perpetuity. Inspections of the sediment forebay, level spreader, outlet protection and check dams as required in Table 1. Cleaning and repair of sediment forebay, level spreader, outlet protection and check dams as j required in Table 1. Monitoring the erosion control systems until establishment of natural vegetation. Page 22 Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan • A continuous line of erosion control shall be installed in accordance with the approved plans prior to the commencement of any work on the site. The erosion controls shall be inspected on a weekly basis and replaced as needed. i • All Disturbed Areas Shall Be Stabilized During And After Construction. During ' Construction Temporary Measures, Including But Not Limited Too, Seeding And Mulching Shall Be Implemented As Needed. All Disturbed Slopes Shall Be Stabilized With Permanent Vegetative Cover Or Rip-Rap. I Long-Term Pollution Prevention Plan (Also See Operation & Maintenance Plan) .Street Sweeping: • Street sweeping shall occur at least twice per year in April and October. The April sweeping is of note as this is the time of year when sand left from the winter's snow and ice removal operations is at its peak accumulation. Sweeping shall be conducted by a high efficiency vacuum sweeper. Current rates for street sweeping can vary from $25-$100 depending on site specific conditions. Sediment Forebay and Outlet Protection: • The sediment forebay and outlet protection shall be inspected twice per year in April and October. Any significant debris accumulation shall be removed and disposed of properly. Vegetation shall be controlled by grubbing at least once annually to prevent woody growth. Dislodged stones or eroded areas shall be repaired and stabilized immediately as discovered. Inspections and cleaning can be incorporated into regular landscape schedules and costs for the property. Total maintenance costs should not exceed $500 per year. Level Spreader: • The level spreader shall be inspected twice per year in April and October. Any significant debris accumulation shall be removed and disposed of properly. Vegetation shall be controlled by grubbing or mowing at least once annually to prevent woody growth. If the curb becomes uneven or disturbed in a manner that flow is no longer being evenly distributed and a concentrated discharge causes erosion, then the curb shall be repaired to fix this condition. Inspections and cleaning can be incorporated into regular landscape schedules and costs for the property. Total maintenance costs should not exceed$500 per year. I Page 23 i 1 Debris & Litter: f • All debris and litter shall be removed from the parking area as necessary to prevent migration into the drainage system. F Prevention Of Illicit Discharges: • Illicit Discharges To The Stormwater Management System Is Not Allowed. Illicit Discharges Are Discharges That Are Not Comprised Entirely Of Stormwater. Pursuant To Mass. DEP Stormwater Standards The Following Activities Or Facilities Are Not Considered Illicit Discharges: Firefighting, water line flushing, landscape irrigation,uncontaminated groundwater,potable water sources, foundation drains, air conditioning condensation, footing drains, individual resident car washing, flows from riparian habitats and wetlands, dechlorinated water from swimming pools, water used for street washing and water used to clean residential building without detergents. • To Prevent Illicit Discharges To The Stormwater Management System The Following Policies Should Be Implemented: 1. Provisions For Storing Materials And Waste Products Inside Or Under - Cover 2. Vehicle Maintenance And Washing Controls 3. Requirements For Routine Inspections Of The Stormwater Management System 4. Spill Prevention And Response Plans i _ \ NORTH ANDOVER \ ' LOCUS 100 LOCUS MAP N.T.S. 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ENB1wD PAM liWAIE I I ,"• -� I Y/y%O% �T.,:�' s /i� � �O OMOWNERS REFERENCES: (leO Se PA 9QIT�)flEI W4) x.% ... oWMN:at Arun rNUBr,Meer a cARERer.IWRrrt LOCUS ABAtML rrB�slnrav llBrtl.xaR)rr ANDDnD 9:DWBLT / NxDAY ,1\I% I'-; i %��\ Yc� / +� \ I.nE Lm/mLemR R sPEavcucr eAINNeuD rwr nlF RECORD REFERENCES: ��I \ h\ LOMD0.V AMO/pp CIrYABUV W LYAILMD UIR/Ma AND _txnER�MY N.. ` ®:'�� 'f / P o'L \ \ \ SIMMRMLS,lS SNONx'0.Y)IIRBE PL.1N5 AR£BABm aV RL0OP6T i' / / \'"n• \ i ti_ NGBAEfRDYR IAAVI Fum mW) Ildl R NOI ro Abtl.Im 'TD asrvcr L�i� / / ` ✓ IRR/n OR~ WYCWIM.T PLRNRWO AUBIatlIIM1 ANp A iiOWOANN YN:NOtE %fP / SE,(aaea.e i 2 B \ \ \ "�,• \ ro Wmr LOa�Wrouw�rNs�ANOA�t ���vs. w\mT azaz S �� \ ,: i,�-„,•'�� LxRNe)x sxuL Be Anmlm W Nmaw W AMr um/IEs RR W. PRDO a Y /(�\` , TW 541 w3wrc�vMOmwNBAMO APbDaNArt sMN sE%m uANNGE v\ b u Ir %••�{AG .H ' .- PROP.CDNSIIOICIIAI iBltE\ BBVM'.II NWL OL Mf NAYgNR/rY W INC LYWI21CI0.4 ro TW. 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COMcheck Software Version 3.9.1 I Envelope Compliance Certificate 2009 IECC Section 1: Project Information Project Type:Addition Project Title:Nancy Chippendale's Dance Studio Construction Site: Owner/Agent: Designer/Contractor: 110 Sutton Street KLC Realty Trust Douglas Mund designgroup l dmdg2 North Andover,MA 110 Sutton Street 132 King Street North ANdover,MA Groveland,MA 01834 978 373 5639 dmunddesigngroup@comeast.net Section 2: General Information Building Location(for weather data): North Andover,Massachusetts Climate Zone: Sa Building Type for Envelope Requirements: Non-Residential Vertical Glazing/Wall Area Pct.: 8% Activity Tvnefs) Floor Area 2 open dance studios(Exercise Center) 3795 Section 3: Requirements Checklist ••- - . . .- ..- Climate-Specific Requirements: Component Name/Description Gross Cavity Cont. Proposed Budget Area or R-Value R-Value U-Factor U-Factorial Perimeter Roof 1:Insulation Entirely Above Deck 3795 --- 38.0 0.026 0.048 Exterior Wall 1:Steel-Framed,16"o.c. 2685 13.0 17.0 0.040 0.064 Window 1:Metal Frame with Thermal Break:Double Pane with 213 --- --- 0.300 0.550 i Low-E,Clear,SHGC 0.50 Door 1:Insulated Metal,Swinging 45 --- 0:600 0.700 Floor 1:Slab-On-Grade:Unheated,Horizontal with vertical>=4 ft. 3795 --- 10.0 --- --- (a)Budget LI-factors are used for software baseline calculations ONLY,and are not code requirements. Air Leakage,Component Certification,and Vapor Retarder Requirements: Ll 1. All joints and penetrations are caulked,gasketed or covered with a moisture vapor-permeable wrapping material installed in accordance with the manufacturer's installation instructions. l] 2. Windows,doors,and skylights certified as meeting leakage requirements. 0 3. Component R-values&U-factors labeled as certified. D 4. No roof insulation is installed on a suspended ceiling with removable ceiling panels. 5. 'Other'components have supporting documentation for proposed U-Factors. u 6. Insulation installed according to manufacturer's instructions,in substantial contact with the surface being insulated,and in a manner that achieves the rated R-value without compressing the insulation. LJ 7. Stair,elevator shaft vents,and other outdoor air intake and exhaust openings in the building envelope are equipped with motorized dampers. ❑ 8. Cargo doors and loading dock doors are weather sealed. Project Title:Nancy Chippendale's Dance Studio Report date:05/07/13 Data filename: Untitled.cck Page 1 of 12 ❑ 9. Recessed lighting fixtures installed in the building envelope are Type IC rated as meeting ASTM E283,are sealed with gasket or caulk. ❑ 10.Building entrance doors have a vestibule equipped with self-closing devices. Exceptions: ❑ Building entrances with revolving doors. ❑ Doors not intended to be used as a building entrance. ❑ Doors that open directly from a space less than 3000 sq.ft.in area. ❑ Doors used primarily to facilitate vehicular movement or materials handling and adjacent personnel doors. ❑ Doors opening directly from a sleeping/dwelling unit. Section 4: Compliance Statement Compliance Statement: The proposed envelope design represented in this document is consistent with the building plans,specifications and other calculations submitted with this permit application.The proposed envelope system has been designed to meet the 2009 IECC requirements in COMcheck Version 3.9.1 and to comply with the mandatory requirements in the Requirements Checklist. Name-Title Signature Date Project Title:Nancy Chippendale's Dance Studio Report date:05/07/13 Data filename: Untitled.cck Page 2 of 12 COM check Software Version 3.9.1 Interior Lighting .Compliance Certificate 20091ECC Section 1: Project Information Project Type:Addition Project Title:Nancy Chippendale's Dance Studio Construction Site: Owner/Agent: Designer/Contractor: 110 Sutton Street KLC Realty Trust Douglas Mund designgroup I dmdg2 North Andover,MA 110 Sutton Street 132 King Street North ANdover,MA Groveland,MA 01834 978 373 5639 dmunddesigngroup@comcast.net Section 2: Interior Lighting and Power Calculation A B C D Area Category Floor Area Allowed Allowed Watts (ft2) Watts/ft2 (B x C) 2 open dance studios(Exercise Center) 3795 1 3795 Total Allowed Watts= 3795 Section 3: Interior Lighting Fixture Schedule A B C D E Fixture ID:Description/Lamp/Wattage Per Lamp/Ballast Lamps/ #of Fixture (C X D) Fixture Fixtures Watt. 2 open dance studios(Exercise Center 3795 sq.ft.) Linear Fluorescent 1:Other/Electronic 1 24 32 768 Incandescent 1:Incandescent 75W 1 8 75 600 Total Proposed Watts= 1368 Section 4: Requirements Checklist MUM= Lighting - ..- Lighting Wattage: 1. Total proposed watts must be less than or equal to total allowed watts. Allowed Watts Proposed Watts Complies 3795 1368 YES Controls,Switching,and Wiring: Lj 2. Daylight zones under skylights more than 15 feet from the perimeter have lighting controls separate from daylight zones adjacent to vertical fenestration. Lj 3. Daylight zones have individual lighting controls independent from that of the general area lighting. Exceptions: Contiguous daylight zones spanning no more than two orientations are allowed to be controlled by a single controlling device. L] Daylight spaces enclosed by walls or ceiling height partitions and containing two or fewer light fixtures are not required to have a separate switch for general area lighting. L] 4. Independent controls for each space(switch/occupancy sensor). Project Title:Nancy Chippendale's Dance Studio Report date:05/07/13 Data filename:a e. Untitled.cck Page 3 of 12 Exceptions: ❑ Areas designated as security or emergency areas that must be continuously illuminated. ❑ Lighting in stairways or corridors that are elements of the means of egress. ❑ 5. Master switch at entry to hotel/motel guest room. 6. Individual dwelling units separately metered. ❑ 7. Medical task lighting or art/history display lighting claimed to be exempt from compliance has a control device independent of the control of the nonexempt lighting. ❑ 8. Each space required to have a manual control also allows for reducing the connected lighting load by at least 50 percent by either controlling all luminaires,dual switching of alternate rows of luminaires,alternate luminaires,or alternate lamps,switching the middle lamp luminaires independently of other lamps,or switching each luminaire or each lamp. Exceptions: ❑ Only one luminaire in space. ❑ An occupant-sensing device controls the area. ❑ The area is a corridor,storeroom,restroom,public lobby or sleeping unit. ❑ Areas that use less than 0.6 Watts/sq.ft. ❑ 9. Automatic lighting shutoff control in buildings larger than 5,000 sq.ft. Exceptions: ❑ Sleeping units,patient care areas;and spaces where automatic shutoff would endanger safety or security. ❑ 10.Photocell/astronomical time switch on exterior lights. Exceptions: ❑ Lighting intended for 24 hour use. ❑ 11.Tandem wired one-tamp and three-lamp ballasted luminaires(No single-lamp ballasts). Exceptions: ❑ Electronic high-frequency ballasts;Luminaires on emergency circuits or with no available pair. Section 5: Compliance Statement Compliance Statement: The proposed lighting design represented in this document is consistent with the building plans,specifications and other calculations submitted with this permit application.The proposed lighting system has been designed to meet the 2009 IECC requirements in COMcheck Version 3.9.1 and to comply with the mandatory requirements in the Requirements Checklist. Name-Title Signature Date Project Title:Nancy Chippendale's Dance Studio Report date:05/07/13 Data filename: Untitled.cck Page 4 of 12 COMcheck Software Version 3.9.1 Exterior Lighting Compliance Certificate 2009 IECC Section 1: Project Information Project Type:Addition Project Title :Nancy Chippendale's Dance Studio Exterior Lighting Zone: 2(Residential mixed use area) Construction Site: Owner/Agent: Designer/Contractor: 110 Sutton Street KLC Realty Trust Douglas Mund designgroup I dmdg2 North Andover,MA 110 Sutton Street 132 King Street North ANdover,MA Groveland,MA 01834 978 373 5639 d munddesigngrou p@comcast.net Section 2: Exterior Lighting Area/Surface Power Calculation A B G D E F Exterior Area/Surface Quantity Allowed Tradable Allowed Proposed Watts Wattage Watts Watts /Unit (8 x C) existing parking area(Driveway) 1000 ft2 0.06 Yes 60 75 Total Tradable Watts'= 60 75 Total Allowed Watts= 60 Total Allowed Supplemental Watts"= 600 Wattage tradeoffs are only allowed between tradable areas/surfaces. A supplemental allowance equal to 600 watts may be applied toward compliance of both non-tradable and tradable areas/surfaces. Section 3: Exterior Lighting Fixture Schedule A B C D E Fixture ID:Description/Lamp/Wattage Per Lamp/Ballast Lamps/ #of f=ixture (C X D) Fixture Fixtures Watt. existing parking area(Driveway 1000 ft2):Tradable Wattage HID 1:Metal Halide 75W/Standard _ 1 1 75 75 Total Tradable Proposed Watts= 75 Section 4: Requirements Checklist Lighting Wattage: 13 1. Within each non-tradable area/surface,total proposed watts must be less than or equal to total allowed watts.Across all tradable areas/surfaces,total proposed watts must be less than or equal to total allowed watts. Compliance:Passes using supplemental allowance watts. Controls,Switching,and Wiring: 2. All exemption claims are associated with fixtures that have a control device independent of the control of the nonexempt lighting. I] 3. Lighting not designated for dusk-to-dawn operation is controlled by either a a photosensor(with time switch),or an astronomical time switch. L] 4. Lighting designated for dusk-to-dawn operation is controlled by an astronomical time switch or photosensor. Li 5. All time switches are capable of retaining programming and the time setting during loss of power for a period of at least 10 hours. Exterior Lighting Efficacy: Project Title:Nancy Chippendale's Dance Studio Report date:05/07/13 Data filename: Untitled.cck Page 5 of 12 L) 6. All exterior building grounds luminaires that operate at greater than 100W have minimum efficacy of 60 lumen/watt. Exceptions: L] Lighting that has been claimed as exempt and is identified as such in Section 3 table above. L] Lighting that is specifically designated as required by a health or life safety statue,ordinance,or regulation. E] Emergency lighting that is automatically off during normal building operation. [] Lighting that is controlled by motion sensor. Section 5: Compliance Statement Compliance Statement: The proposed exterior lighting design represented in this document is consistent with the building plans,specifications and other calculations submitted with this permit application.The proposed lighting system has been designed to meet the 2009 IECC requirements in CQMcheck Version 3.9.1 and to comply with the mandatory requirements in the Requirements Checklist. Name-Title Signature Date Project Title:Nancy Chippendale's Dance Studio Report date:05/07/13 Data filename:Untitled.cck Page 6 of 12 COMcheck Software Version 3.9.1 Mechanical Compliance Certificate 20091 ECC Section 1: Project Information Project Type:Addition Project Title:Nancy Chippendale's Dance Studio Construction Site: Owner/Agent: Designer/Contractor: 110 Sutton Street KLC Realty Trust Douglas Mund designgroup I dmdg2 North Andover,MA 110 Sutton Street 132 King Street North ANdover,MA Groveland,MA 01834 978 373 5639 dmunddesigngroup@comcast.net Section 2: General Information Building Location(for weather data): North Andover,Massachusetts Climate Zone: 5a Section 3: Mechanical Systems List Quantity System Type&Description 1 HVAC System 1 (Multiple-Zone):Rooftop Packaged Heat Pump Heating Mode:Capacity=100000 kBtu/h,Efficiency=15.30 HSPF Cooling Mode:Capacity=5 kBtu/h,Efficiency=15.30 SEER Section 4: Requirements Checklist Requirements Specific To: HVAC System 1 : ❑ 1. Equipment minimum efficiency: Heat Pump: 7.70 HSPF 13.00 SEER ❑ 2. Minimum one temperature control device per zone ❑ 3. Balancing and pressure test connections on all hydropic terminal devices ❑ 4. Systems serving more than one zone must be VAV systems ❑ 5. Single-duct VAV terminals reduce primary air before reheating ❑ 6. Dual-duct VAV mixing boxes installed to minimize mixing ❑ 7. Controls capable of resetting supply air temp(SAT)by 25%of SAT-room temp difference Exception(s): ❑ Systems that prevent reheating,retooling or mixing of heated and cooled supply air ❑ Seventy five percent of the energy for reheating is from site-recovered or site solar energy sources. ❑ Zones with peak supply air quantities of 300 cfm(142 Us)or less. ❑ 8. VAV fans with static pressure sensors are placed in a position such that the controller setpoint is no greater than one-third the total design fan static pressure.If placement results in the sensor being located downstream of major duct splits,multiple sensors are installed in each major branch. Exception(s): ❑ Systems with DDC of individual zone boxes reporting to the central control panel and reset of static pressure setpoint based on the zone requiring the most pressure. ❑ 9. Systems with DDC of individual zone boxes reporting to the central control panel has static pressure setpoint reset based on the zone requiring the most pressure. Generic Requirements: Must be met by all systems to which the requirement is applicable: ❑ 1. Plant equipment and system capacity no greater than needed to meet loads Project Title:Nancy Chippendale's Dance Studio Report date:05/07/13 Data filename: Untitled.cck Page 7 of 12 Exception(s): ❑ Standby equipment automatically off when primary system is operating ❑ Multiple units controlled to sequence operation as a function of load ❑ 2. Minimum one temperature control device per system ❑ 3. Minimum one humidity control device per installed humidification/dehumidification system ❑ 4. Load calculations per ASHRAE/ACCA Standard 183. ❑ 5. Automatic Controls:Setback to 55°F(heat)and 85°F(cool);7-day clock,2-hour occupant override,10-hour backup Exception(s): ❑ Continuously operating zones ❑ 2 kW demand or less,submit calculations ❑ 6. Outside-air source for ventilation;system capable of reducing OSA to required minimum ❑ 7. R-5 supply and return air duct insulation in unconditioned spaces R-8 supply and return air duct insulation outside the building R-8 insulation between ducts and the building exterior when ducts are part of a building assembly Exception(s): ❑ Ducts located within equipment ❑ Ducts with interior and exterior temperature difference not exceeding 15°F. ❑ 8. Mechanical fasteners and sealants used to connect ducts and air distribution equipment ❑ 9. Ducts sealed-longitudinal seams on rigid ducts;transverse seams on all ducts;UL 181 A or 181 B tapes and mastics Exception(s): ❑ Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w.g. pressure classification ❑ 10.Hot water pipe insulation: 1.5 in.for pipes<=1.5 in.and 2 in.for pipes>1.5 in. Chilled water/refrigerant/brine pipe insulation: 1.5 in.for pipes<=1.5 in.and 1.5 in.for pipes>1.5 in. Steam pipe insulation: 1.5 in.for pipes<=1.5 in.and 3 in.for pipes >1.5 in. Exception(s): ❑ Piping within HVAC equipment. ❑ Fluid temperatures between 55 and 105°F. ❑ Fluid not heated or cooled with renewable energy. ❑ Piping within room fan-coil(with AHR1440 rating)and unit ventilators(with AHR1840 rating). ❑ Runouts<4 ft in length. ❑ 11.Operation and maintenance manual provided to building owner ❑ 12.Balancing devices provided in accordance with IMC(2006)603.17 ❑ 13.Demand control ventilation(DCV)present for high design occupancy areas(>40 person/1000 ft2 in spaces x500 ft2)and served by systems with any one of 1)an air-side economizer,2)automatic modulating control of the outdoor air damper,or 3)a design outdoor airflow greater than 3000 cfm. Exception(s): ❑ Systems with heat recovery. ❑ Multiple-zone systems without DDC of individual zones communicating with a central control panel. ❑ Systems with a design outdoor airflow,less than 1200 cfm. ❑ Spaces where the supply airflow rate minus any makeup or outgoing transfer air requirement is less than 1200 cfm. ❑ 14.Motorized,automatic shutoff dampers required on exhaust and outdoor air supply openings Exception(s): ❑ Gravity dampers acceptable in buildings<3 stories ❑ Gravity dampers acceptable in systems with outside or exhaust air flow rates less than 300 cfm where dampers are interlocked with fan ❑ 15.Automatic controls for freeze protection systems present ❑ 16.Three-pipe systems not used ❑ 17.Exhaust air heat recovery included for systems 5,000 cfm or greater with more than 70%outside air fraction or specifically exempted Exception(s): ❑ Hazardous exhaust systems,commercial kitchen and clothes dryer exhaust systems that the International Mechanical Code prohibits the use of energy recovery systems. ❑ Systems serving spaces that are heated and not cooled to less than 60°F. ❑ Where more than 60 percent of the outdoor heating energy is provided from site-recovered or site solar energy. ❑ Heating systems in climates with less than 3600 HDD. ❑ Cooling systems in climates with a 1 percent cooling design wet-bulb temperature less than 64°F. ❑ Systems requiring dehumidification that employ energy recovery in series with the cooling coil. Project Title:Nancy Chippendale's Dance Studio Report date:05/07/13 Data filename: Untitled.cck Page 8 of 12 [] Laboratory fume hood exhaust systems that have either a variable air volume system capable of reducing exhaust and makeup air volume to 50 percent or less of design values or,a separate make up air supply meeting the following makeup air requirements: a)at least 75 percent of exhaust flow rate,b)heated to no more than 2°F below room setpoint temperature,c)cooled to no lower than 3°F above room setpoint temperature,d)no humidification added,e)no simultaneous heating and cooling. Section 5: Compliance Statement Compliance Statement. The proposed mechanical design represented in this document is consistent with the building plans,specifications and other calculations submitted with this permit application.The proposed mechanical systems have been designed to meet the 2009 IECC requirements in COMcheck Version 3.9.1 and to comply with the mandatory requirements in the Requirements Checklist. Name-Title Signature Date Section 6: Post Construction Compliance Statement Lj HVAC record drawings of the actual installation,system capacities,calibration information,and performance data for each equipment provided to the owner. L) HVAC O&M documents for all mechanical equipment and system provided to the owner by the mechanical contractor. J Written HVAC balancing and operations report provided to the owner. The above post construction requirements have been completed. Principal Mechanical Designer-Name Signature Date Project Title:Nancy Chippendale's Dance Studio Report date:05/07/13 Data filename: Untitled.cck Page 9 of 12 COM check Software Version 3.9.1 Mechanical Requirements Description 2009 IECC The following list provides more detailed descriptions of the requirements in Section 4 of the Mechanical Compliance Certificate. Requirements Specific To: HVAC System 1 1. The specified heating and/or cooling equipment is covered by the ASHRAE 90.1 Code and must meet the following minimum efficiency: Heat Pump: 7.70 HSPF 13.00 SEER 2. Each zone of a multiple-zone system must have its own temperature control device. 3. Hydronic heating and cooling coils must be equipped with a way to pressure test connections and measure and balance water flow and pressure. 4. Systems serving multiple thermostatic control zones must be variable-flow systems. Zone terminal controls must reduce the flow of primary supply air before reheating,recooling,or mixing air streams. 5. The specified multiple-zone system is equipped with single-duct VAV terminals.These terminals must be equipped with dampers,air valves,or other means to reduce the supply of primary supply air to a minimum prior to reheating. 6. The specified system includes both warm-air and cool-air ducts. Zone terminal devices must be installed that reduce the flow of air through each duct to a minimum before mixing with air from the other duct. 7. Automatic controls capable of resetting supply-air temperature(within a range of 25 percent of the difference between supply-air and design air temperature)in response to building loads or outdoor air temperature exist on systems serving multiple zones. Exception(s): Systems that prevent reheating,recooling or mixing of heated and cooled supply air Seventy five percent of the energy for reheating is from site-recovered or site solar energy sources. Zones with peak supply air quantities of 300 cfm(142 Us)or less. 8. VAV fans with static pressure sensors are placed in a position such that the controller setpoint is no greater than one-third the total design fan static pressure.If placement results in the sensor being located downstream of major duct splits,multiple sensors are installed in each major branch. Exception(s): Systems with DDC of individual zone boxes reporting to the central control panel and reset of static pressure setpoint based on the zone requiring the most pressure. 9. Systems with DDC of individual zone boxes reporting to the central control panel has static pressure setpoint reset based on the zone requiring the most pressure. Generic Requirements: Must be met by all systems to which the requirement is applicable: 1. All equipment and systems must be sized to be no greater than needed to meet calculated loads. A single piece of equipment providing both heating and cooling must satisfy this provision for one function with the capacity for the other function as small as possible,within available equipment options. Exception(s): The equipment and/or system capacity maybe greater than calculated loads for standby purposes.Standby equipment must be automatically controlled to be off when the primary equipment and/or system is operating. Multiple units of the same equipment type whose combined capacities exceed the calculated load are allowed if they are provided with controls to sequence operation of the units as the load increases or decreases. 2. Each heating or cooling system serving a single zone must have its own temperature control device. 3. Each humidification system must have its own humidity control device. 4. Design heating and cooling loads for the building must be determined usingprocedures in the ASHRAE Handbook of P Fundamentals or an approved equivalent calculation procedure. 5. The system or zone control must be a programmable thermostat or other automatic control meeting the following criteria: a)capable of setting back temperature to 55°F during heating and setting up to 85°F during cooling, b)capable of automatically setting back or shutting down systems during unoccupied hours using 7 different day schedules, c)have an accessible 2-hour occupant override, d)have a battery back-up capable of maintaining programmed settings for at least 10 hours without power. Exception(s): A setback or shutoff control is not required on thermostats that control systems serving areas that operate continuously. A setback or shutoff control is not required on systems with total energy demand of 2 kW(6,826 Btu/h)or less. Project Title:Nancy Chippendale's Dance Studio Report date:05/07/13 Data filename: Untitled.cck Page 10 of 12 6. The system must supply outside ventilation air as required by Chapter 4 of the International Mechanical Code.If the ventilation system is designed to supply outdoor-air quantities exceeding minimum required levels,the system must be capable of reducing outdoor-air flow to the minimum required levels. 7. Air ducts must be insulated to the following levels: a)Supply and return air ducts for conditioned air located in unconditioned spaces(spaces neither heated nor cooled)must be insulated with a minimum of R-5.Unconditioned spaces include attics,crawl spaces,unheated basements,and unheated garages. b)Supply and return air ducts and plenums must be insulated to a minimum of R-8 when located outside the building. c)When ducts are located within exterior components(e.g.,floors or roofs),minimum R-8 insulation is required only between the duct and the building exterior. r=xception(s): Duct insulation is not required on ducts located within equipment. Duct insulation is not required when the design temperature difference between the interior and exterior of the duct or plenum does not exceed 15°F. 8. Mechanical fasteners and seals,mastics,or gaskets must be used when connecting ducts to fans and other air distribution equipment, including multiple-zone terminal units. 9. All joints,longitudinal and transverse seams,and connections in ductwork must be securely sealed using weldments;mechanical fasteners with seals,gaskets,or mastics;mesh and mastic sealing systems;or tapes.Tapes and mastics must be listed and labeled in accordance with UL 181A and shall be marked'181A-P'for pressure sensitive tape,'181A-M'for mastic or'181A-H'for heat-sensitive tape. Tapes and mastics used to seal flexible air ducts and flexible air connectors shall comply with UL 181B and shall be marked '181 B-FX'for pressure-sensitive tape or'181 B-M'for mastic. Unlisted duct tape is not permitted as a sealant on any metal ducts. Exception(s): - Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w.g. pressure classification. 10. All pipes serving space-conditioning systems must be insulated as follows: Hot water piping for heating systems: 1 1/2 in,for pipes<=1 1/2-in.nominal diameter, 2 in.for pipes>1 1/2-in.nominal diameter. Chilled water,refrigerant,and brine piping systems: 1 1/2 in.insulation for pipes<=1 1/2-in.nominal diameter, 1 1/2 in.insulation for pipes>1 1/2-in.nominal diameter. Steam piping: 1 1/2 in.insulation for pipes<=1 1/2-in.nominal diameter, 3 in.insulation for pipes>1 1/2-in.nominal diameter. Exception(s): Pipe insulation is not required for factory-installed piping within HVAC equipment. Pipe insulation is not required for piping that conveys fluids having a design operating temperature range between 55°F and 105°F. Pipe insulation is not required for piping that conveys fluids that have not been heated or cooled through the use of fossil fuels or electric power. Piping within room fan-coil(with AHRI440 rating)and unit ventilators(with AHR1840 rating). Pipe insulation is not required for runout piping not exceeding 4 ft in length and 1 in.in diameter between the control valve and HVAC coil. 11. Operation and maintenance documentation must be provided to the owner that includes at least the following information: a) equipment capacity(input and output)and required maintenance actions b) equipment operation and maintenance manuals c) HVAC system control maintenance and calibration information,including wiring diagrams,schematics,and control sequence descriptions;desired or field-determined set points must be permanently recorded on control drawings,at control devices,or,for digital control systems,in programming comments d) complete narrative of how each system is intended to operate. 12. Balancing devices provided in accordance with IMC(2006)603.17. 13. Demand control ventilation(DCV)required for high design occupancy areas(>40 person/1000 ft2 in spaces>500 ft2)and served by systems with any one of 1)an air-side economizer,2)automatic modulating control of the outdoor air damper,or 3)a design outdoor airflow greater than 3000 cfm. Exception(s): Systems with heat recovery. Multiple-zone systems without DDC of individual zones communicating with a central control panel. Systems with a design outdoor airflow less than 1200 cfm. Spaces where the supply airflow rate minus any makeup or outgoing transfer air requirement is less than 1200 cfm. 14. Outdoor air supply and exhaust systems must have motorized dampers that automatically shut when the systems or spaces served are not in use. Dampers must be capable of automatically shutting off during preoccupancy building warm-up,cool-down,and setback, except when ventilation reduces energy costs(e.g.,night purge)or when ventilation must be supplied to meet code requirements.Both Project Title:Nancy Chippendale's Dance Studio Report date:05/07/13 Data filename: Untitled.cck Page 11 of 12 outdoor air supply and exhaust air dampers must have a maximum leakage rate of 3 cfm/ft2 at 1.0 in w.g.when tested in accordance with AMCA Standard 500. Exception(s): Gravity(non-motorized)dampers are acceptable in buildings less than three stories in height. Systems with a design outside air intake or exhaust capacity of 300 cfm(140 Us)or less that are equipped with motor operated dampers that open and close when the unit is energized and de-energized,respectively. 15. All freeze protection systems,including self-regulating heat tracing,must include automatic controls capable of shutting off the systems when outside air temperatures are above 40°F or when the conditions of the protected fluid will prevent freezing. Snow-and ice-melting systems must include automatic controls capable of shutting off the systems when the pavement temperature is above 50°F and no precipitation is falling,and an automatic or manual control that will allow shutoff when the outdoor temperature is above 40°F. 16. Hydronic systems that use a common return system for both hot water and chilled water must not be used. 17. Individual fan systems with a design supply air capacity of 5000 cfm or greater and minimum outside air supply of 70 percent or greater of the supply air capacity must have an energy recovery system with at least a 50 percent effectiveness.Where cooling with outdoor air is required there is a means to bypass or control the energy recovery system to permit cooling with outdoor air. Exception(s): Hazardous exhaust systems,commercial kitchen and clothes dryer exhaust systems that the International Mechanical Code prohibits the use of energy recovery systems. Systems serving spaces that are heated and not cooled to less than 60°F. Where more than 60 percent of the outdoor heating energy is provided from site-recovered or site solar energy. Heating systems in climates with less than 3600 HDD. Cooling systems in climates with a 1 percent cooling design wet-bulb temperature less than 64°F. Systems requiring dehumidification that employ energy recovery in series with the cooling coil.. Laboratory fume hood exhaust systems that have either a variable air volume system capable of reducing exhaust and makeup air volume to 50 percent or less of design values or,a separate make up air supply meeting the following makeup air requirements:a) at least 75 percent of exhaust flow rate,b)heated to no more than 2°F below room setpoint temperature,c)cooled to no lower than 3'F above room setpoint temperature,d)no humidification added,e)no simultaneous heating and cooling. I Project Title:Nancy Chippendale's Dance Studio Report date:05/07/13 Data filename: Untitled.cck Page 12 of 12 I