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HomeMy WebLinkAboutBuilding Permit #41-12 - 166 SALEM STREET 7/18/2011 NORTH BUILDING PERMIT oF�z�Eo TOWN OF NORTH ANDOVER 0? hyitr• r. 6 �� APPLICATION FOR PLAN EXAMINATION 2— Permit NO: Date Received �SSACHUSS� Date Issued: n IMPORTANT: A plicant must complete all items on this page 17 4u ,C.��-"r1 -- G ♦', i Wim•- r .T. ® ; n .. x Ci7 ZA I = �5(LO ; ADAM PRO RT�Yr®U1/NER� Io .,SAt, fH ,=j"k" ,a� ,t► 1_� s s.y<�,cJ .—� .� �..'=mss rg• :_z '��r3€ r.+ { _ .�`..to ,a ,. ""'.*"r Dist ct Historic. , PARCEL. ZONING DISTRICT.� " ` _ _ fy,�_•. ' tMAPNO, TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition ❑Two or more family ❑ Industrial ❑Alteration No. of units: ❑ Commercial Repair, replacement ❑Assessory Bldg 11 Others: emolition ❑ Other f0 66 ®1Nell 1= FI o pla n WetI`ands�` ® 1Nate etl Distr c N r . �.. .� ; f k ..��_...�..w•�ris. _ -fit'- —_-.-"•._J' ' DESCRIPTION OF WORK TO BE PREFORMED: (Z,AIS� 14 s-rALL DeTAIGA"I S,44Q tdoF GA9AGE A jSa100 S4� fc A R -VJo SM45a y CARaj 4Ae A of) ri Identification Please Type or Print Clearly) OWNER: Name: CR+ 4LL Phone: (91 Address: 1�66 SAL" S� i rf +CONTtRA'cT®R Name = *, . .��.,��--•�..; �; em-s �-- 4 Cf 15zo k�:rr•rr -►�'��A'` � Su ervtsors C'onstructionLicense i fc 1 _w. mm #Exp'' Date' off^-l° o?d 3 g� iHome Improvement License . v ARCHITECT/ENGINEER Phone: Address: Reg. No. I FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ ae/ FEE: $ Check No.: /412-1� Receipt No.: 2 NOTE: Persons contractinA w'heunre&gisillontractors do not have acce to the guaran unci�Sigraturecco�contracto 7 II a Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/Body Art ❑ Swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private(septic tank,etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ I COMMENTS CONSERVATION Reviewed on Signature COMMENTS - r HEALTH Reviewed on Signature 2 COMMENTS r Zoning Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature& Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIR E ART x p ®umpst r2ori-site es� � no (L e tedtat,ii�2`4IMai'6kSt'rreett. �y ' Iia: h+c.M1a 1.�.• ! R 1 tq dire Department signature/daes -'x d . ,� a -4.,t• , ,y"1. .. ' 7LY t d ra r `7 •' d` ,j..,^ x $ ., c o-.. . Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of -Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No i MGL Chapter 166 Section 21A-F and G min.$10041000 fine NOTES and DATA — For department use "A414t&M �AWJ- L3 Notified for pickup - Date Doc.Building Pen-nit Revised 2008 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits j ❑ Building pp Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit i Addition Or Decks ❑ Building Permit Application ❑, Certified Surveyed Plot Plan ' + - - -o Workers-Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑. Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit i New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM07 Revised 2.2008 Locationl�/�/ No. "' Date TOWN OF NORTH ANDOVER Certificate of Occupancy $ • o� ..:5:�... w � sCNUS Building/Frame Permit Fee $ _ Foundation Permit Fee $ � Other Permit Fee $ TOTAL $ Check # � v 24Y/8 Building Inspector 0 E I V LE'D 2003,MAR 20 PM 3: 53 Oreo �SSAC mu `4 R"r C A !'o ,S 1 Z.. PLANNING DEPARTMENT Community Development Division 1600 Osgood Street North Andover,Massachusetts,01845 -Decision Definitive.Subdivision Plan,-Final �.Any appeal shallbe filed within(20) days after the date of filing this notice in the office of the Town Clerk. Date: March 16,2009 Date of Hearing: October 7,2008 through -March 16,2009 Date of Decision: March 16,2009 Petition of: 166 Salem Street Realty Trust 166 Salem Street North Andover, MA 01845 Premises Affected: 166 Salem St.,North Andover,MA,Assessors Map 37D,Parcel 21. Referring to the above-petition for Approval of a Definitive Subdivision Plan according to the requirements of the North Andover Subdivision Rules and Regulations Section 5.6 Decision: So as to construct a three-lot subdivision including a roadway, the installations of stormwater management ffifiwtructure, the installation of underground utilities, connections to existing water and sewer service and substantial grading in the R-3 Zoning District. After a public hearing given on the above dates, and upon a m nd motion by R. Rowen and 2 by T. Seibert to APPROVE the Application for a Definitive Subdivision Plan as amended and based upon the following conditions.A vote of 4-0 was made in favor of the application. 0 0 behalf of the NortAndover Planning Board John Simons,Chair Richard Rowen Jennifer Kusek,Clerk Timothy Seibert The Planning Board herein APPROVES the Application for a Definitive Subdivision to create three lots, including lot 2a with 33, 421 sq. ft., Lot 3 with 57, 488 sq. ft., and Lot IA with 25,000 sq. ft. It should be noted that Lot lAwas created as a lot with the endorsement of an Approval Not Required Plan, endorsed by the Planning Office on April 1, 2008. The project is located at 166 Salem St., North Andover, Massachusetts, 01845, Map 37D, Parcel 21 in the Residential 3 (R-3) Zoning District and in the Non- 166 Salem.Street Realty Trust 166 Salem Street Definitive Subdivision Plan Decision Map 37D,Parcel 21 Discharge Buffer Zone of the Watershed Protection District. The application was filed with the Planning Board on September 3,2008. The public hearing on the above referenced application was opened on October 21, 2008, and.closed by the North Andover Planning Board on March 16, 2009. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section IV of the Town of North Rules and Regulations Governing the Subdivision of Land. The PIanning Board makes the following findings as required by section 5.6 of the.North Andover Rules and Regulations Governing the Subdivision of Land: FINDINGS OF FACT: In accordance with Section 5.6 of the North Andover Zoning Rules and Regulations Governing the Subdivision of Land,the Planning Board makes the following findings: A. The Definitive Plan, which dated July 23, 2008 and last revised March 12, 2009, is substantially complete and technically adequate, accept as amended herein. B. The Defmitive Plan shows a Plan of Lots (Sheet 1 of 5)that depicts the creation of three lots with the following area and frontage on a 50 ft. Right-of-Way shown on the plan as "Lydia Lane": Lot IA, 25;000 sq. ft. and 135 ft. of frontage; Lot 2A, 33,421 sq. ft. and 172 ft. of frontage; Lot 3, 57,488 sq. ft. and 125 ft. of frontage. The Plan thus conforms to all applicable zoning requirements. C. The Planning Board finds that the proposed road layout(Sheet 3 of 5, Site Grading Plan)and design is less intrusive than that of a conventional subdivision road and that the design is more in keeping with the character of the neighborhood. The applicant had previously proposed a four lot subdivision with a conventional subdivision road that would have been more intrusive and would have had much greater impact on the natural topography and site features of the neighborhood and the surrounding environment in the Watershed district. D. The proposed roadway layout provides for adequate access to all of the lots in the subdivision that will be safe and convenient for travel. E. The applicant applied for and received approval for a Watershed Special Permit from the Town of North Andover Planning Board according to the Town of North Andover Zoning Bylaw section 4.126. In making that decision, the Planning Board found that the overall design of the subdivision was less intrusive and had less impact on the environment than the initial plan. F. The applicant had applied for an Earth Removal Special Permit from the Town of North Andover Zoning Board of Appeals, under Section 5,paragraph 5.6.2 of the town of North Andover Zoning Bylaw for the removal of 3,655 cubic yards of excess earth material related to the construction of a four-lot subdivision. The applicant requested a withdrawal without prejudice due to the fact that the design of the Subdivision was changed from four lots to three. lots with a reduced roadway layout so that the Earth Removal Permit was not required. The ZBA voted to grant the applicant's request for a withdrawal without prejudice on January 13,2009. G. The roadway layout and stormwater management systems as depicted in Sheet 3 of 5 (Site Grading Plan) has been found to provide a design that is compatible with the surrounding neighborhood, that provides for adequate drainage and provides for least amount of intrusion and disturbance with the 400 ft. buffer of the Non-Discharge Zone of the Watershed Protection Area. H. The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent public ways. I. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation of motor vehicles. 2 166 Salem Street Realty Trust 166 Salem Street Definitive Subdivision Plan Decision Map 37D,Parcel 21 J. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The new roadway will provide adequate access for emergency situations. g K. The Definitive Plan secures adequate provisions for water, sewerage, drainage, underground- utility services, fire, police and other similar municipal equipment, and street lighting and other requirements where necessary in a subdivision. L. The Definitive Plan has been reviewed by the Department of Public Works, and the Fire Department and has been found to be acceptable. M. The Definitive Plan conforms with the design and construction standards described in these Rules and Regulations,with the exceptions of waivers granted in Condition 2. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Permit Definitions: A) The "Locus" refers to the 115,909 sq: ft. parcel of land with land fronting on Salem Street as shown on.a portion of Assessors Map 37D, Parcel 21, and also known as 166 Salem St., North Andover,Massachusetts. B) The"Plans"refer to the plans prepared by Christiansen & Sergi 160 Summer St., Haverhill, MA 01830 dated July 23, 2008,revised to October 10,2008, February 2,2009, February 17, 2009 and March 12, 2009, consisting of Sheets 1 - 5, titled "Definitive Subdivision Plan for Captain Nathaniel Berry Homestead, located in North Andover,Mass,record owner and applicant 166 Salem Street Realty Trust, 166 Salem Street,North Andover,MA 01845". C) The "Project" or "166 Salem Street" refers to the construction of a three-lot subdivision, including a roadway, the installations of stormwater management infrastructure, the installation of underground utilities, connections to existing water and sewer service and substantial grading in the R-3 Zoning District D) The "Applicant" refers to 166 Salem Street Realty Trust, the applicant for the Definitive Subdivision Plan Approval. E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 2) The roadway, utilities and stormwater management systems will be constructed according to the Plans, . with the following waivers granted by the Town of North Andover Planning Board, according to the provisions of the Town of North Andover Rules and Regulations Governing the Subdivision of Land. These waivers are.hereby granted in consideration of the fact that the number Qf lots originally proposed for the subdivision was reduced from 4 lots to 3 lots and that the design of the roadway.was changed from that of a conventional subdivision road to the less intrusive roadway design as presented on the approved Plan: • Section 6.8.1 Table IA.Minimum pavement width proposed is 18 ft., instead of 26 ft. • Section 6.8.1 Table IA. Minimum intersection corner curb radius proposed is 10 ft., instead of 40 ft. • Section 6:8.1 Table IA.A 50 ft.vertical curve is proposed, instead of the required 100 ft. 3 166 SalemStreet Realty Trust 166 Salem Street Definitive Subdivision Plan Decision Map 37D,Parcel 21 4 • Section 6.8.1 Table IA. A K value of 12.5 for the"driveway"is proposed, instead of the required y Y 30 K value. • Section 6.8.1 Table IA.No cul-de-sac is proposed. • Section 6.9.No curbing is proposed. • Section 6.11.No sidewalks are proposed. • Section 6.15.2.No fire hydrants are proposed. There is a fire hydrant within 200 ft. of the current driveway entrance to 166'Salem St. • Section 6.18.1. No street trees are proposed. • Section 6.21.No street lighting is.proposed. • Appendix I. "Driveway"construction will consist of an 8' gravel base,topped by 4"of crushed stone,2 ''/z' binder course and 1 '/2' top course. The requirement is for 12' gravel base,with a 4' sub-base of crushed stone, a 4'.binder course and 1 ''/s'top course. • Appendix 1.No street sign is proposed. The Board deems that each of the foregoing waivers is in the public interest and consistent with the intent and purpose of the Subdivision Control Law and the Rules and Regulations.and such waivers are hereby granted. 3) The roadway will remain private, to be maintained by a homeowner's association, with the terms of ownership and maintenance to be documented in the respective deeds for each lot in the subdivision. 4) All existing trees that are noted on the plan to remain will be maintained in perpetuity. 5) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 6) In consideration of the approval of the Plan,there is to be no further division or subdivision of a part or portion of the parcel. This restriction is to documented in the respective deeds for each lot in the subdivision. PRIOR TO ENDORSEMENT OF THE PLAN 1) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a. A covenant (FORM I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as required in Condition 5 under "PRIOR TO START OF CONSTRUCTION". b. A Site Opening Bond in the amount of one thousand($1,000)dollars to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will be placed into an interest bearing escrow account. c. A notation must be placed on the plan noting that the roadway is considered a private driveway,not a public road. d. Deed restrictions must be placed on Lots IA, 2A and 3 regarding the fact that the private roadway will never be maintained by'the Town and that it will never be accepted as a public road. e. Deed restrictions must be placed on all lots regarding the further subdivision of the lots, as noted in Special Condition#6. f. Easement documents and maintenance agreements concerning the private driveway must be submitted and reviewed and approved by Town Counsel. g. The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. 4 ioo awembtreetxeany Trust 166 Salem Street Definitive Subdivision Plan Decision Map 37D,Parcel 21 } h. All drainage,water and sewage facilities designs shall be approved by the North Andover Division of Public Works. i. The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's decision. These plans must be submitted within ninety (90)days of filing the decision with the Town Clerk. j. The Subdivision Decision for this project must appear on the mylars.. k. A Development Schedule must be submitted for signature by the Town Planner. The schedule must show building permit eligibility by quarter for all lots. 1. All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. PRIOR TO THE START OF CONSTRUCTION 1) The record plans must be endorsed by the Planning Board and recorded by the applicant at the Registry of Deeds. 2) Three (3)' copies of the signed, recorded plans and two copies of the following recorded documents must be delivered to the Planning Department: Subdivision Approval Form M, Easement documents, homeowners' agreement and maintenance documents referred to in Condition 3 under"Special Conditions". 3) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. 4) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. . 5) A Performance Guarantee in an amount to be determined by the Planning Board and the DPW, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form acceptable to-the North Andover Planning Board. Items covered by the Bond may include,but shall not be limited to: a. as-built drawings;. b. sewers and utilities; c. roadway construction and maintenance; d. lot and site erosion control; e. site screening and street trees; f. drainage facilities; g. site restoration; h. final site cleanup. 6) A pre-construction meeting must be held with the developer,their construction employees, Planning Department and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. 7) In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk fund. The DPW will determine the amount of the contribution and evidence of DPW's determination and a receipt for the contribution must be submitted to the Town Planner. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1) The private driveway must be constructed to binder paving with stabilized shoulders and the rain gardens in place,. 5 166Salem Street Realty Trust 166 Salem Street Definitive Subdivision Plan Decision Map 37D,Parcel 21 2) All condition found in the Watershed Special Permit for each lot must be complied with. 3) A Plot Plan for the lot in question must be submitted to include the following: a. Location of the structure b. Location of the driveway c. Location of all water and sewer lines d. Any graded called for on the lot e. Location of drainage,utility and other easements. 4) All appropriate erosion control measures for the lot shall be in place. 5) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain line during construction. 6) The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. 7) Lot numbers,visible from all roadways must be posted on all lots. 8) Prior to the issuance of a Building Permit for Lot IX a Plot Plan showing the reconstruction of the existing stone walland and fence facing Salem Street will be submitted for approval by the Planning Office. DURING CONSTRUCTION 1) 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. 2) It shall be the responsibility of the developer to assure that no erosion from the site of construction shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board 'shall give the developer written notice of any such finding and.ten days to cure said condition. 3) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance,any and all equipment that shall emanate sounds from the structures or site. 4) Hours of construction are limited from 7 am.to 5 p.m., Monday through Friday and 8 a.m.—5 p.m. on Saturdays PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 1) A granite post with the three "Salem Street" house numbers must be installed at the entrance to the driveway. The location and size of granite post must be approved by the North Andover Fire Department. 2) All slopes shall be stabilized, as determined by the Planning Board, with regard to erosion and safety. 6 166 Salem Street Realty Trust 166 Salem Street Definitive Subdivision Plan Decision Map 371),Parcel 21 3) All lots must be raked, loamed and seeded, sodded or mulched, if the weather does not permit seeing or sodding. 4) It shall be the developer's responsibility to assure thero er placement of the driveways r r r regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position. 5) The Planning Board reserves the right to review the site after construction is.complete and require additional site screening as it deems necessary and reasonable. 6) The applicant must submit a letter from the architect and engineer of the project stating that the building and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 7) The homes built on lots IA and 3 must be equipped with a home sprinkler system that will be installed according to current building code standards. The sprinkler systems must be inspected and approved by the North Andover Fire Department. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS 1) A final as-built planshowing final topography,the location of all on- site utilities, structures and drainage facilities must be submitted to the PIanning Department. 2) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 3) The Town Planner shall ensure that all Planning, Conservation, Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. 4) The private driveway and all stormwater management systems must be constructed according to the plans approved by the Planning Board GENERAL CONDITIONS 1) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 2) Gas, Telephone, Cable and,Electric utilities shall be installed underground as specified by the respective utility companies. 3) 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. 4) 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. 5) 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. 7 166 Salem Street Realty Trust 166 Salem Street Definitive Subdivision Plan Decision Map 37D,Parcel 21 • `r 6) 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. 7) The following information shall be deemed part of the decision: Plan titled: Definitive Subdivision Plan for"The Captain Nathaniel Berry Homestead", located in North Andover,MA Prepared for: 166 Salem Street Realty Trust 166 Salem Street North Andover,MA 10845 Prepared by: Christiansen&Sergi 160 Summer St. Haverhill,MA North Andover,MA 01845 Scale: 1"=40' Date: July 23,2008,revisions October 10,2008,February 17,2009,and March 12,2009. Sheets: 5 Application for Definitive Subdivision Plan Received: Sept. 3,2008 Narrative Received, Sept. 3,2008 cc: Town Departments Applicant Engineer Abutters Assessor 8 kr" CONIC A 4 %,- MAR 2 0 P"1 5 SSAC ED 01 1 U 6 it 7 PLANNING DEPARTMENT PWSSACf" 8 Community Development Division 9 10 1600 Osgood Street North Andover,Massachusetts, 01845 12 Decision—Watershed Special Permit. Final 13 14 Any appeal shall be filed 15 within (20)days after the 16 date of filing this notice in 17 the office of the Town Clerk. 18 Date: March 16,2009 19 Date of Hearing: October 7 through March 20 16, 2009 21 22 Date of Decision: March 16,2009 23 24 Petition of: 166 Salem Street Realty Trust 25 166 Salem Street 26 North Andover, NIA 01045 27 Premises Affected: 166 Salem St.,North Andover,MA,Assessors-Map 37D,Parcel 21. 28 29 Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover 30 Zoning Bylaw, Section 4.136: 31 Under Section 4.136.3(b)(ii)(1)of the Bylaw to permit limited activity within the Non-Discharge 32 Zone of the Watershed Protection District 33 34 So as to construct a three-lot subdivision, including a roadway,the installations of stormwater 35 management infrastructure, the installation of underground utilities; connections to existing water and 36 sewer*service and substantial grading within the Non-Discharge Zone of the Watershed Protection 37 District. 38 39 40 After a public hearing given on the above dates, and upon a motion by R. Rowen and 2nd by J. Kusek to 41 APPROVE the Application for a Watershed Special Permit as amended and based upon the following 42 conditions.A vote of 4-0 was made in favor of the application. 43 44 45 46 On application. the—North dover Planning Board 47 John Simons,Chair 48 Richard Rowen 49 Jennifer Kusek,Clerk 50 Timothy Seibert 51 oo3aiem streetxealty 1 rust 166 Salem Street Watershed Special Permit Decision Map 3 7D Parcel 21 , 2 The Planning Board herein APPROVES the Watershed Special Permit to construct a three-lot subdivision, 3 including a roadway, the .installations of stormwater management infrastructure, the installation of 4 underground utilities,connections to existing water and sewer service and substantial grading within the 325 5 foot Non-Discharge Buffer Zone of the Watershed Protection District. The project is located at 166 Salem 6 St.,North Andover,Massachusetts, 01845,Map 37D Parcel 21 in the Residential 3 (R-3)Zoning District and 7 in the Non-Discharge Buffer Zone of the Watershed Protection District. There are three parcels with a total of 8 approximately 115,909 s-f.,two'of which have frontage on Salem Street,with the third having frontage on the 9 new roadway. This Special Permit was requested by 166 Salem Street Realty Trust of 166 Salem St.,North 10 Andover,MA 01845. The application was filed with the Planning Board on September 3,2008. The public 11 hearing on the above referenced application was opened on October 21, 2008, and closed by the North 12 Andover Planning Board on March 16, 2009. The applicant submitted a complete application, which was 13 noticed and reviewed in accordance with Sections 4.126, 8.3, 10.3, and 10.31 of the Town of North Andover 14 Zoning Bylaw and MGL C.40A, Sec. 9. 15 16 17 . The Planning Board makes the following findings as required by the North Andover Zoning Bylaws 18 Section 10.52: 19 20 FINDINGS OF FACT: 21 22 That as a result of the proposed construction in conjunction with other uses nearby, there will not be any 23 significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning 24 Board bases this fmding on the following facts: 25 26 1. The project is located within the Non-Discharge Zone of the Watershed Protection District. 27 The final design reflects extensive discussions between the Town and applicant.to ensure the 28 continued protection of Lake Cochichewick and the safety and welfare of the residents of 29 North Andover. 30 31 2. There will be no construction of stormwater management systems within the limits of the 400$. 32 buffer of.the Non-Discharge Zone. The creation of the subdivision will result in limited 33 disturbance within that buffer zone, due to the construction of the new home, an allowed use 34 according to the Town of North Andover Bylaw, section 4.126. 35 36 37 3. The applicant has applied for and received approval for a Definitive Subdivision of Land,that 38 shows the creation of three lots that conform to the dimensional requirements for a lot within 39 the Residential 3 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 40 The applicant had previously proposed a four lot subdivision with a conventional subdivision 41 road,that would have been more intrusive and would have had much greater impact on the 42 neighborhood and the surrounding environment. Specifically, the current design eliminates 43 the need for the construction of a detention pond in the Watershed Protection District. 44 45 46 4. The applicant had applied for an Earth Removal Special Permit from the Town of North 47 Andover Zoning Board of Appeals,under Section 5,paragraph 5.6.2 of the town of North 48 Andover Zoning Bylaw for the removal of 3,655 cubic yards of excess earth material related to 49 the construction of a four-lot subdivision. The applicant requested a withdrawal without 50 prejudice due to the fact that the design of the Subdivision was changed from four lots to three 2 166 Salem Street Realty Trust 166 Salem Street Watershed Special Permit Decision v Map 37D Parcel 21 1 lots with a reduced roadway layout so that.the Earth Removal Permit was not required. The ZBA 2 voted to grant the applicant's request fora withdrawal without prejudice on January 13,2009. 3 4 5. The applicant has provided for sufficient erosion control measures to ensure that any 5 stormwater runoff that occurs during construction is contained and infiltrated on-site. 6 7 6. The applicant has also provided information showing that there will be very little runoff from 8 new impervious surfaces and that the runoff will be discharged into the ground and infiltrated 9 within the two rain gardens to be constructed on site. 10 11 7. There is no reasonable alternative location outside the General, Non-Disturbance, and the 12 Discharge Zones for any discharge,structure or activity. 13 14 8. The specific site is an appropriate location for the proposed use as it is consistent with the- 15 existing residential use on the site; 16 17 9. The use will not adversely affect the neighborhood as the lot is located in a Residential 3 Zoning 18 District; 19 20 10. There will be no nuisance or serious hazard to vehicles or pedestrians; 21 22 11. Adequate and appropriate facilities are provided for the proper operation of the proposed use; 23 24 25 12.' The Planning Board also makes a specific finding that the use is in harmony with the general 26 purpose and intent of the North Andover Zoning Bylaw. 27 28 Upon reaching the above findings,the PIanning Board approves this Special Permit based upon the following 29 SPECIAL CONDITIONS: 30 31 1) Permit Definitions: 32 33 A) The "Locus" refers to the 115,909 sq. ft. parcel of land with land fronting on Salem Street as 34 shown on a portion of Assessors Map 37D, Parcel 21, and also known as 166 Salem St., North 35 Andover,Massachusetts. _ - 36 37 B) The"Plans" refer to the plans prepared by Christiansen & Sergi 160 Summer St., Haverhill,MA 38 01830 dated July 23, 2008,revised to October 10, 2008, February 2,2009,February 17, 2009 and 39 March 12, 2009, consisting of Sheets 1 - 5, titled "Definitive Subdivision Plan for Captain 40 Nathaniel Berry Homestead,located in North Andover,Mass,record owner and applicant 166 Salem 41 Street Real T , Trust; 166 Salem Street;Realty � eet,North Andover,MA 01845 . 42 43 C) The "Project" or "166 Salem Street" refers to the construction of a three-lot subdivision, 44 including a roadway, the installations of stormwater management infrastructure, the installation 45 of underground utilities, connections to existing water and sewer service and substantial grading 46 in the R-3 Zoning District 47 48 D) The "Applicant" refers to 166 Salem Street Realty Trust, the applicant for the Definitive 49 Subdivision Plan Approval. 50 3 166 Salem Street Realty Trust 166 Salem Street Watershed Special Permit Decision Map 37D Parcel 21 +- 1 E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus 2 from time to time,which can include but is not limited to the applicant,developer, and owner. 3 4 5 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial 6 by the Town Planner would require a public hearing and modification by the Planning Board. 7 8 9 10 PRIOR TO THE START OF CONSTRUCTION 11 ', 12 A) All applicable erosion control measures must be in place and reviewed and approved by the 13 Planning Department. 14 15 C) A bond in the amount of one thousand dollars ($1,000.00)shall be posted for the purpose of insuring 16 that the site is constructed in accordance with the approved plan and that a final as-built plan is 17 provided, showing the location of all on-site structures. This bond shall be in the form of a check : 18 made out to the Town of North Andover. This check will then be deposited into aninterest bearing 19 escrow account. .20 21 ' PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 22 23 A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department. 24 25 B) One certified copy of the recorded decision must be submitted to the Planning Department. 26 27 DUiz_INRL G C0NSTCTION 28 29 A) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and 30 reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times 31 and fenced off to minimize any dust problems that may occur with adjacent properties. 32 33 B) It shall be the responsibility of the developer to assure that no erosion from the site of construction 34 shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, 35 except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be 36 a basis for the Planning Board making a finding that the project is not in compliance with the plan; 37 provided, however, that the Planning Board shall give the developer written notice of any such 38 finding and ten days to cure said condition. 39 40 C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through 41 regular maintenance,any and all equipment that shall emanate sounds from the structures or site. 42 43 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 44 45 A) The applicant must submit a letter from the architect and engineer of the project stating that the 46 building and site layout substantially comply with the plans referenced at the end of this decision as 47 endorsed by the Planning Board. 48 49 50 . PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS 4 166 Salem Street Realty Trust 166 Salem Street Watershed Special Permit Decision s Map 37D Parcel 21 2 A) A final as-built plan showing final topography,the location of all on- site utilities, structures and 3 drainage facilities must be submitted to the Planning Department. 4 5 B) The Planning Board must by a majority vote make a finding that the site is in conformance with the 6 approved plan. 7 8 9 GENERAL CONDITIONS 10 11 12 A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13 14 B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the 15 respective utility companies. 16 17 C) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through 18 .. Friday and between 8:00 a.m. and 5:00 p.m.on Saturday. 19 20 D) The provisions of this conditional approval shall apply to and be binding upon the applicant, its 21 employees and all successors and assigns in interest or control. 22 23 E) Any action by a Town Board, Commission, or Department, which requires changes in the plan or 24 design of the building, as presented to the Planning Board, may be subject to modification by the 25 Planning Board. 26 27 F) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed 28 substantial,the developer must submit revised plans to the Planning Board for approval. 29 30 G) This Special Permit approval shall be deemed to have lapsed after March 16, 2011 (two years 31 from the date permit granted), exclusive of the time required to pursue or await determination of 32 any appeals, unless substantial use or construction has commenced within said two-year period or 33 for good cause. 34 35 H) The following information shall be deemed part of the decision: 36 37 Plan titled: Definitive Subdivision Plan for"The Captain Nathaniel Berry Homestead", located 38 in North Andover MA 39 North Andover,Mass. 40 Prepared for: 166 Salem Street Realty Trust 41 166 Salem Street 42 North Andover,MA 10845 43 Prepared by: Christiansen&Sergi 44 160 Summer St. 45 Haverhill,MA 46 North Andover,MA 01845 47 Scale: 1"=40' 48 Date: July 23 2008,-revisions October 10,2008,February 17,2009,and March 12,2009. 49 Sheets: 1 50 5 166 Salem Street Realty Trust 166 Salem Street Watershed Special Permit Decision Map 37D Parcel 21 1 Application for Definitive Subdivision Plan 2 Received: Sept. 3,2008 3 Narrative 4 Received: Sept. 3,2008 5 6 cc: Town Departments 7 Applicant 8 Engineer 9 Abutters _ 10 Assessor 6 i V40RTH Town Of . 0 No. 4 #i ® / over Mass., Mass., Q LAKE COCHICHEWICK �. 7,950 ATED P �C Nam U BOARD OF HEALTH Food/Kitchen . PE , , MIT T D Septic System BUILDING INSPECTOR 7.. ..161404tu. 00.... .THIS CERTIFIES THAT....... .......... .... �.. .............................................................................. •••••••' Foundation has permission to erect...... ......................... build*n s on /G.4 .. K .......(11111 110 ............... Rough to be occupied as.................. .. .... .�. .r. f ,i►�... '....... Chimney provided that the person a ing this permit s all every respect c nform to the terms of the ap cation on a in Final 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 VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final • PERMIT EXPIRES IN 6 S ELECTRICAL INSPECTOR UNLESS CONSTRU - Rough - Service . .............................................................. ..................... BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIR_E,DEPARTMENT. Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. TOWN OF NORTH ANDOVER AFFIDAVIT Home Improvement Contractor Law Supplement to Permit Application MGL c. 142 A requires that the"reconstruction, alteration,renovation,repair,modernization, conversion,improvement,removal,demolition,or construction of an addition to any pre-existing owner occupied building containing at least one but not more than four dwelling units...or to structures which are adjacent to such residence or building"be done by registered contractors, with certain exception,along with other requirements. Type of Work: De�,0/f`i -..L Est. Cost Address of Work 14 /e-'^ Owner (Name: ��° C � �� x Date of Permit Application: I hereby certify that: Registration is not required for the foilowinq reason(s): For office Use Only Work excluded by law Permit No. Job under$1.000 Date Building not owner-occupied Owner pullino own permit __=e�Tes.�e'_:!,ttY:_ t e tk_ .. ie C r, -__• `_ _—_` eC`.3 _�t t'—? uqw!len - --- - - W)Cpallillem of Pubfic B 'nL. - k.-da6ml! and St-amim-ils Board of Buildlg— N= C On-- icense: CS 91353 STEVEN ROGERS 16 HOLBROOK AVE DRACUT, IMA-01825 Expiration: 21U2G13 12065 Owner/Contractoip, A OWNER/CONTRACTOR AGREEMENT between Steven Rogers DBA S &J Remodeling and Contracting and Date TVI 2 0 // Contract Details s Contract Amount: Dollars ($ v o® ) Contractor Signature ab(/ Homeowner Signature)' www.socratesmrn Page 1 of 1 SS4301.310 Rev.05104 The Commonwealth of Massachusetts l Department of Industrial Accidents ' r Office of Investigations t • l t 'I 600 Washington Street Boston, MA 02111 r www.mass gov/dia . Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers A [icant Information Please Print UAW Name(Business/Organization/individual): ®7,0z.2 .G A Address: /Vv / I'm/ �� � City/State/Zip: C-� }� ,mss/v- �` Phone#: Are you an employer?Check the appropriate box: Type of project(required): L C] 1 am a employer with 4. Q l am a general contractor and 1 b. New construction ,,(employees(full and/or part-time).* have hired due sub-contractors 2.�J I am a sole proprietor or partner- listed on the attached sheet t ?• 0 Remodeling /., ship and have no employees These sub-contractors have $. 06 Demolition working for me in any capacity. workers'comp.insurance. q. Building addition [No workers'comp.insurance 5. ❑ We are a corporation and its 10.(]Electrical repairs or additions required.] officers have exercised their 3.❑ I am a homeowner doing all work right of exemption per MGL 11.[]Plumbing repairs or additions myself.[No workers'comp. c. 152,§1(4),and we have no 12.0 Roof repairs insurance required.]t employees. [No workers' comp.insurance required] 13.(]Other *Any applicant that checks boli#I must also fill out the section below showing their workers'compensation policy information. r Homeowners who submit this affidavit indicating they are doing all work and then Erre outside commoors must submit a new affidavit indicating such. *Contractorsthat check this box mustattached on additional sheet showing the name of the suit-ountractors and their workets'comp.policy information. I ani an employer that is proWding workers'compensadon insurance for rrry es WhTees. Below is the policy and job site infonnadon. Insurance Company Name: ...'� O Policy#or SPIf--ins.Lic.#: O®—a7G �� 7 Expiration Date: 3 / Job Site Address: L Jap e -r city/Stateizvd ./er W4 Attach a copy of the workers'compensation policy decl:ration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 andlor one-year imprisonment,as well as civil penalties in d-ie form of a STOP'WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIx.for insurance coverage verification. ,rir� Elieiiflri � Q�pr?vi- c0s N fJVU =e',s pau-uurdpe- `s utided ;o)veis true and correct. 7 ft S.SUOR9 AMoriEV is reie onei: i. "oar"ti'e Fi2A lir i5tiiiQiE?tr De�rBFesiairertt 3.cit-V1 a elivrt�;6Qrs€ 4.�es�Er iC�F�bd� st@r S,-Fitumbing f*sPectar fE _> c►,a�sner -- h .......,..- -- -------- ------- - 7/15/2011 9:59 AM FROM: Gallant Ins Agcy Gallant Ins Agcy TO: 919783496122 PAGE: 002 OF 002 OATS (NMMWYYYY) ACORU` CERTIFICATE OF LIABILITY INSURANCE F 07115/2011 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 PRODUCEP,AND THE CERTIFICATE HOLDER. IMPORTANT:t the certificate holder is an ADDITIONAL INSURED,the po8cy(ies)must be endorsed.N SUBROGATION M WANED,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 Phan: (978)263-3500 Faoc(978)263.1438 �!cT Gallant In5�p0e Agency,Inc. GALLANT INSURANCE AGENCY,INC. (978)2633500 rm (978)263-1438 199 GREAT ROAD I P 0 BOX 975 E-MAIL ACTON MA DIM Amoss PRODUCER 36704 CUS70WR m: INSURER(S)AFFORDING COVERAGE NAIL i NSUREO ICER A Travelers Casualty hes Co of America STEVEN ROGERS DBA S&J REMODELING&CONTRACTING INSURER e : Associated Employers inSlffdnCe Co 16 HOLBROOK AVENUE INSURER c DRACUT MA 01826 INSURER Ir INSLPER E : INSURER : COVERAGES CERTIFICATE NUMBER: 25047 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, IONS AND CONDITIONS QF&M AIN SHOWN MAY HAVE BEEN REDUCED BY PAI r CLAIMS- TYPE OF INSURANCE ADIYL SCSR te. POLICY NUMBER POLICY EFF POLICY EXP um" LTRA 08x" LI"N"T^' 680-2469Ni49 0310/111 03101/12 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DANIAGE TO(Ea $ 300,000 CLAMS-MADE I—XI OCCUR MED.FJ(P(AY one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMB APPLIES PER' PRODUCTS-COMPIOP AGG $ 2,0001000 POLICY PRO- RO OC $ AUTOMOSTE LTASRJTY COMBINED SINGLE LIMIT $ (EB accident) ANY AUrO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE .HIRED/4ITOS (Per acadert) .$. NON-OWNED AUTOS $ $ UMBRELLA Lva OCCUR EACH OCCURRENCE $ EtCESS tIAB CLAIMSMADE AGGREGATE $ _ DEDUCTIBLE $ — ftETF TION $ $ I worscees eoatPelsAnoN rYi�a s 0- AND EMPLAYERW LLN39 3Y - YIN - ANY prtOp—URIPAmNt3LE)IEcveryE EL.EACH ACCIDENT $ OFFICEtmurAh int at E%CWOED't �':NRA EL.DISEASEEAEMPLOYEE . tin M�I $ DEscxPTION OF OPERATIONS Mw EL.DISEASE-POLICY LIMB $ I I OESCWPRON OF OPERARONS I LOCATIOPI,S/VEHICLES(Attach ACORD 101,AdManat Remarks SehedWe,a more space is required) Steven Rogers is covered by the Workers'Compensation policy. CERTIFICATE HOLDER CANCELLATION MOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Jade Cahill THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 166 SalemStreet ACCORDANCE WITH THE POLICY PROVISIONS. . North Andover MA 01810 AUTHORIZED REPMSENTATNE Attention: fax S Rogers#978349-6122 Ray Gallant ACORD 25(2009/09) ®1988-2009 ACORD CORPORATION. All rights reserved The ACORO name and logo are registered marks of ACORD Town of North Andover NORTH Building Department O .��LE° #6 1600 Osgood Street Bldg 20, Suite 2-36 + North Andover MA 01845 0 i Tel: 978-688-9545 Fax: 978-688-9542 L m" # DEMOLITION OF BUILDING AFFIDAVIT �` COCNICNl WICK A04ATE0 p?%% (5 DATE 9SSAC HUSH OWNER'S NAME &ADDRESS: .�ou*4 CACI iiL 1�0�o SAC;�rr» S� I LOCATIONF PROPERTY T DEMOLISH bhp SAL coy) S 1�N b f� r VEAIL TWo5'!'dn s se DESCRIPTIO,P y 5'rALi. OfT�AC.i�IE. 5AD Z66F GA.1, CONTRACTOR'S NAME &ADDRESS: 5CLE /C.4 c>,-wz z ��CAd,Qr7'A1� 1 96c.6�k A L,-" ��rnaES 8 vR�/, NA �ti• an m o!�a 6 DEPARA NT 'GF s DEPT. OF PUBLIC WORKS -WATER: dl' SEWER: ✓ DEPT. OF CONSERVATION SEPTIC WELL HISTORIC COMMISSION A& LAZ -7- PLANNING T NE SLC TAXES 'I i POLICE: FIRE: EXTERMINATOR: DUMPSTERaw FF STREET D j DIG SAFE NUMBER o1�1�0� o61� g y BUILDING INSPECTOR: auto , C A2