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Building Permit #204 - 219 MAIN STREET 8/31/2006
TOWN OFZ19YAWOVER p►ORTF/ APPLICATION EOR PLAN EXAMINATION O`tt�ID — �o Permit NO: l� Date Received A044TED Date Issued: D 9SSACHUS IMPORTANT: Applicant must complete all A7K&C)items on this page LOCATION I ' l�Fil lyl 1 ti Wt`srA <Kf- (�R PROPERTY OWNER ^ L Q� int Print MAP NO.:__3_0 PARCEL: 1ZONING DISTRICT: 4 TYPE AND USE OF BUILDING HISTORIC DISTRICT YES ❑ TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑New Building One family L"Addition ❑Two or more family ❑ Industrial ❑ Alteration No. of units: ❑ Kepair, replacement ❑ Assessory Bldg ❑ Commercial Demolition ❑ Moving(relocation) ❑ Other ❑ Others: ❑ Foundation only D CRIPTION OF WORK TO BE PREFORMED NQLJ M4 auLt ✓�. Identification Please Type or Print Clearly) > OWNER: Name: Phone: _� (a 1 Address: l^ ,,-U CONTRACTOR Name: N5,N- 1�0*JA Phone: 0 l qqO *1 bwf-eAu- Address: �( C�.('t' C rb- e, Supervisor's Construction License: D�� Exp. Date: 14 coy Home Improvement License: Exp. Date: (/07 ARCHITECT/ENGINEER?6UN� R(-C"me: Phone: O c o Address: I Q CdVtC0fJS fn Reg. No. (�a� + FEE SCHEDULE:BULDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost :$ SOI) FEE:$ d Check No.: oZ S� Receipt No.: 1 S Page I of 4 TYPE OF SEWERAGE DISPOSAL/ Lry,'/ Tanning/Massage/Body Art E] Swimming Pools El Public Sewer Tobacco Sales ❑ Food Packaging/Sales ❑ Well ❑ Permanent Dumpster on Site ❑ Private(septic tank,etc. ❑ Electric M ter locaDonto 'L project ( k t ra fw NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund Signature of Agent/Owner ` / t Signature of contractor Plans Submitted ❑ Plans Waived Certified Plot Plan 19' Stamped Plans THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF-U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ []Water Shed Special Permit ❑ Site Plan Special Permit ❑ Other COMMENTS DATE REJECTED DATE APPROVED CONSERVATIO r ❑ COMMENTS W DATE REJECTED DATE APPROVED HEALTH ❑ ❑ COMMENTS 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 Temp Dumpster on site yes—no— Fire Department signature/date Building Setback(ft.) Front Yard Side Yard Rear Yard Required Provided Required Provides Required Provided Dimension Number of Stories: Total square feet of floor area,based on Exterior dimensions. Total land area, sq.ft.: NOTES and DATA—(For department use) Page 3 of 4 Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM05 Created JMC.Jan.2006 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application o Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work Addition Or Decks ❑ Building Permit Application ❑ Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) 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 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:BPFORM05 Noe 4 of 4 r1 Location_ ft51- 1 No. aoq Date ! (] NORTH TOWN OF NORTH ANDOVER O�• �•o yah 3� r• •SOL ` Certificate of Occupancy $ �'�s ^°•tt� Building/Frame Permit Fee $ swcMus Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # 3 19569 '� Building Inspector RT Town of over 0 0 No..2oy over, Mass., 0 LAKr Oep COCHICHE W.C" 0RATED P? BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System 0 BUILDING INSPECTOR THIS CERTIFIES THAT....le A.�..C 0........IM0.6-11110101............................................%................................................... Foundation has permission to erect........................................ buildings on-ali..........."Am.... .....a..................... Rough to be occupied as...D4&.L............ .......... ............ ...... Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application on file 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 3� PERMIT EXPIRES IN 6 MONTHS Final ELECTRICAL INSPECTOR UNLESS CONSTRU(= d Rough Service Nei INSP RFinal Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. BK 5444 PG 166 QUITCLAIM DEED I, Nancy L. Sachsse, in my capacity as Trustee of the Wallwork Realty Trust(the "Trust"), u/d/t M"^ dated May 28, 1993 as recorded at the Essex North District Registry of Deeds at Book 3787,Page 136(the "Declaration of Trust"), for consideration paid and in full consideration of Two Hundred C07 Forty Nine Thousand Five Hundred($249,500.00)Dollars + in It grant to Eric H. Mabley and Amy T. Mabley of 219 Main Street, North Andover, Massachusetts 01845, husband and wife as tenants by the entirety L with QUITCLAIM COVENANTS n, A certain parcel of land with the buildings thereon situated in North Andover, in said gpRarjof9 FM1:44 Essex,bounded and described as follows: MAY 27199 Pt11:44 Easterly by the westerly line of Main Street as relocated by decree of Essex County Superior Court in 1914, 104.95 feet; Southerly by Third Street One Hundred Five and 70/100 feet; Westerly by land of Helen J.Smith,One Hundred Five Feet;Northerly by land formerly of George Stevens,now believed to be Arthur L. Stevens, One Hundred Thirteen and 02/100 feet. 0 z Said premises are shown on a plan entitled "Plan of Land at Corner of Main and Third Streets, North Andover, Mass., owned by Fred S. Smith Est. dated July, 1935, Ralph B. qj Brasseur,C.E.,"as Plan No. 961 recorded at Essex Northern District Registry of Deeds. For title reference,see also a deed from Arthur P.Chickering,dated May 4, 1923,recorded with North Essex Registry of Deeds,Book 478,Page 545,and the will of Fred S.Smith,(See N Essex County Probate Docket No. 174794). Title of Fred S. Smith was derived partly as he was the heir of George I. Smith(See Essex County Probate Docket No. 174794)and partly by virtue of a deed from George I. Smith, dated January 21, 1907, recorded with said x Registry of Deeds, Book 242,Page 557. °v Being the same premises conveyed to the Grantor by deed recorded at the Essex North District H Registry of Deeds at Book 3787, Page 146. o U rw Witness my hand in seal this 27th day of May, 1999. L Nancy L. Sac sse,Trustee of Wallwork Realty Trust N Wad o I U0t7 .4 SU 7 Bd of Buil ing Regula o11s and tan ar s oar E One Ashburton Place -Room 1301 ° Boston. Massachusetts 02108 Home Improvement Contractor Registration Registration: 123237 Type: Public Corporation Expiration: 1/10/2007 HOWELL DESIGN & BUILD STEPHEN HOWELL 360 MERRIMACK ST. LAWRENCE, MA 01843 Update Address and'return card.Mark reason for change. v 5oM-oaiO4-G101216 E] Address [:] Renewal Employment Lost Card ✓fce 1°omvmauuea�/ �✓�a'a�ix�et�a . Board of Building Regulations and Standards ' License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Registration: 123237 Board of Building Regulations and Standards Expiration:. 1/10/2007 One Ashburton Place Rm 1301 Type: Public Corporation Boston,Ma 02108 'WELL DESIGN&BUILD EPHEN HOWELL MERRIMACK ST.• NRENCE,MA 01843 Administrator Not valid without signature R 1 C 1 • . 1 i BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number: CS 068232 Birthdate: 02/14/1962 Expires: 02/14/2008 Tr.no: 16261 Restricted: 00 STEPHEN D HOWELL 15 MT VERNON G— �� • BOXFORD, MA 01 01921 Commissioner 9Xe e Board of Buildin Regulations One Ashburton Pace, Rm 1301 4` Boston, Ma 02108-1618 License: CONSTRUCTION SUPERVISOR LICENSE Birthdate: 02/14/1962 Number: CS 068232 Expires:02/14/2008 Restricted To: 00 STEPHEN D HOWELL 15 MT VERNON RD BOXFORD, MA 01921 Tr.no: 16261 Keep top for receipt and change of address notification. 1 0 SOM-D4/05•PC8898 i ' 00-35,000 cf enclosed space (MGL C.112 S.60L) 1A-Masonryonly 1 G-1&2 Family Homes Failure to possess a current edition of the Massachusetts State Building Code is cause for revocation of this license. I ' i ACORD7 CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(MM/DD/YYYY) )RODUCER HOWEL-1 0 7/06/05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO GHTS UPON THE CERTIFICATE iUB International New England HOLDER.THIS CERTIF CARE DOES NOT AMEND,EXTEND OR ?.O.Box 540169 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. galtham MA 02454-0169 Phone: 781-893-4808 Fax:781-893-6679 INSURERS AFFORDING COVERAGE NAIC# 4SURED INSURER A: Atlantic Charter INSURERB: Hartford Insurance 22357 Howell Design & Build, Inc INSURER C: 360 Merrimack Street, Bldg #5 INSURER O: Lawrence MA 01843 INSURER E: :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TER E OF INSURANCE POLICY NUMBER DATE MM/Dm E DATE MM/DD/1 YO LIMITS ABILITY EACH OCCURRENCE $ 1,000,000 RCIAL GENERAL LIABILITY 08SBAGH6835 06/01/05 06/01/06 PREM ISES(Eaoccurence) $ 300,000 AIMS MADE OCCUR MED EXP(Any one person) $ 10,OOOPERSONAL&ADV INJURY $ 1,000,000 $5000GENERAL AGGREGATE $2,000,000 GATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $2,000.�00QPRO- JECT LOC LIABILITY COMBINED SINGLE LIMIT ( ANY AUTO $ Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) HIRED AUTOS NON-OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ —• (Peracddent) GARAGELIABILITY ANY AUTO AUTO ONLY-EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND _ EMPLOYERS'LIABILITY TORY LIMITS ER _- ANYPROPRIETOR/PARTNER/EXECUTIVE WCA00120704 06/01/05 06/01/06 E.L.EACH ACCIDENT $ 100000 OFFICER/MEM BER EXCLUDED? Des,describevnder E.L.DISEASE-EA EMPLOYEE $ 100000 SPECIAL PROVISIONS below OTHER E.L.DISEASE-POLICY LIMIT $500000 CRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS contactor ITIFICATE HOLDER CANCELLATION BOXFORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Town of Boxford NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 7 Boffard Road IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Boxford MA 01921 REPRESENTATIVES. AUTH PRE EN hj VE )RD 25(2001/08) '�•� cJ' ©ACORD CORPORATION 1988 CERTIFIED PLOT PLAN PROPOSED ADDITION IN NORTH ANDOVER, MASS. MIDDLESEX SURVEY INC. LAND SURVEYORS 131 PARK STREET NORTH READING, MA. 01884 SCALE: 1"= 30' DA TE. AUG 29, 2006 0 30' 60' 90' PROPOSED OPEN DECK SARA ZONE- R4 MIN. SETBA 1�5��• \0JO' STREET KS 31-V' 1- 15' SIDE JO' REAR 1 g,15' •N. 0 (W1 5 FOW � ,/ 77// C7 o N0* 9 2 t � LOT 3 13,45' PORN 1 1,370fsf �v 'o v\ , X113'34 ET��104.g5 �R S MA,t4 P�ZN OF Mgss9 NOTE: LOT J SHOWN ON PLAN OF LAND ALPHONSE DATED JULY, 1935 AS PLAN NO. 961 D. RECORDED AT E.N.R.D. HALEY I CERTIFY THAT THE EXISTING DWELLING NO. 31312 LOCATED AS SHOWN. DA TE: 8/29/06 Regist red nd r Amo. l neo 0 `se C f IA2-T"Hum L. STEVLt�iS k o I ^C p �'`° _ - 78A __ {d 113.02' ' / lag Q - g6.0 y � ` ` O r '.S e T ., T � IQ a � mo o AiXeA- 11370 -M-;I' c 14t qa 693 • �.o i �i _ `� a �" � u z- f L _-_ 1 s!3 it I 50 sX , b co ' ' ! —j Gam.j 1- •,�, i2 s► .Y _ ; 105:70, Gy �-- 78.0' T H IQD 3T. PLAN 4F LAND a} CORNER 01= MAIN &THIOD STS. NORTH ANDOVE R MASS. ow teed bt4 FRED S. SMITH EST. SC,ALR-{=40 .JULY 1535 tZaf ph pj.Brc+9Seur C.E. F•(AYE.RHIL�.. MPSS. $ Al. i. SECTION 7 DIlVIENSIONAL REQUIREMENTS 7.1 Lot Area Minimum lot areas for such uses in each district shall be as set forth in Table 2, Summary of Dimensional Requirements,which is hereby made part of this Bylaw. 7.1.1 Contiguous Buildable Area(CBA) As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use,at least seventy five(75)percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area. 7.1.2 Lot Width For any lot created after May 1, 1995,the minimum width of the lot shall be a distance of one hundred(100) feet between the street frontage and the front building line The width shall be measured in a line parallel to the street. This requirement shall apply in all zones except Residence 4(R4)and Village Residential(VR);for zone R4,said minimum width of the lot shall be a distance of(eighty)80 feet and for zone VR,said minimum width of the lot shall be a distance of(eighty)80 feet. 7.13 Restrictions 1. When a fifty (50)foot straight line is drawn to divide a lot in two, and the perimeter of the smaller piece is greater than two hundred (200) feet, then such smaller piece shall not be included in the calculations when determining: lot area contiguous buildable area(CBA),or street frontage as required by the Summary of Dimensional Requirements(Table 2)of this bylaw. This restriction applies only to lots created after May 1, 1995. 1. Any lot created after May 1, 1995 shall have a lot depth of thirty(30)feet or more for at least eighty(80) percent of the minimum length of its frontage as required by the Summary of Dimensional Requirements (Table 2)of this bylaw. The lot depth shall be measured as a line drawn perpendicular to the street. 2. No lot, upon which is then located any buildings or with respect to which a permit has been issued and is then outstanding for the erection of any building, shall be subdivided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area,street frontage and yard space requirements of this Bylaw except as may be permitted otherwise by the provisions of a variance granted by the Board of Appeals. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot(s) retained until all of such land and lots meet the requirements of this Zoning Bylaw. Any land taken by eminent domain or conveyed for a public purpose for which the land could have been taken shall not be deemed to be transferred in violation of the provisions hereof. 78 7.2 Street Frontage Minimum street frontage shall be as set forth in Smmmn of Dimensional Requirements(Table 2)and the lot line meeting these requirements shall constitute the "street frontage"for the lot. In no case shall actual street frontage at the street line be less than seventy five(75)feet; except as allowed by Section 7.2.2. Corner lots shall be required to have the required frontage only on one street. In determining the fiilfillment of the minimum area and minimum street frontage of a lot required in any zoning district, there shall not be included any land within the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot;except that if a corner lot at its street comer is bounded in part by a segment of curved line not more than seventy five (75) feet in length connecting other Imes bounding such lot which if extended would intersect, the area and frontage required in such lot shall be computed as if such potentially intersecting lines were so extended;but if a curved lime more than seventy five (75)feet in length is the whole of any one boundary line of a lot,the minimum area and minimum frontage required shall be determined entirely within the lines bounding such lot,including such curved line. 7.2.1.Access across street frontage Access to each lot,except for comer lots,must be provided across the street frontage. If access to a lot is not across the street frontage as of the date of the adoption of this Section 7.2.1,the lot will not be considered non- conforming as to use or as to an existing structure on that lot. (1994/39) Exceptions to this requirement may be granted by the issuance of a Special Permit from the Planning Board A street frontage access Special permit may be granted for a lot in any residential district provided that: a) The specific site is an appropriate location for access to the lot given the current and projected traffic on the roadway,and the site distance to adjacent driveways and roadways,and/or b) Special environmental conditions exit such as wetlands and/or steep slopes such that access across the street frontage would require wetland filling or extreme cutting and/or filling of slopes or would be otherwise detrimental to the environment, c) The access will not adversely affect the neighborhood; d) There will be no nuisance or serious hazard to vehicles or pedestrians; e) The access is in harmony with the general purpose and intent of this Bylaw. 7.2.2 Frontage exception Exceptions for meeting the frontage and lot width requirements required by sections 7.1.2 and 7.2 may be granted upon the approval of a Special Permit. The permit granting authority shall be the Planning Board. A street frontage and lot width exception Special Permit may be granted for a lot in any residential district provided that: a) The area of the lot exceeds by three(3)times the minimum lot area required for that district; b) The lot has a minimum continuous street frontage of not less that fifty(50)feet and a width of not less than(50)feet at any point between the street and the site of the dwelling; c) There is not more than one other such lot with frontage contiguous to it:and d) It is so located as not to block the possible future extension of a dead end street. e) The creation of the frontage exception lot will not adversely affect the neighborhood; f) The creation of the frontage exception lot is in harmony with the general purpose and intent of this Bylaw; g) No such lot as described above on which a dwelling is located, shall be hereafter reduced in area below the minimum area required in Section 7.1 (1985/16) 73 Yards(Setbacks) Minimum front,side and rear setbacks shall be as set forth in Table 2,except for eaves and uncovered steps. Buildings on comer lots shall have the required front setback from both streets,except in Residence 4 (R4) District,where the setback from the side street shall be twenty(20)feet minimum. 79 s 7.4 Building Heights Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing limitations of height in feet in the designated zoning districts shall not apply to: 1. Farm buildings on farms of not less than ten(10)acres. 2. Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers,and other accessory structural features usually erected at a height greater than the main roofs of any buildings. 3. Nor to domes,bell towers,or spires of churches or other buildings,provided all features are in no way used for living purposes. 4. And further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty five(65)feet from the ground. 5. Nor of a manufacturing building a height of eighty five(85)feet from the ground. 7.5 Lot Coverage Maximum lot coverage by buildings shall be as forth in Table 2. Lot coverage shall mean the percent of the lot covered by principal and accessory structures. 7.6 Floor Area Ratio Maximum floor area ratio(FAR)shall be as set forth in Table 2. FAR is the ratio between the total amount of building floor area on all usable floors and the area of the lot on which it is located- 7.7 ocated7.7 Dwelling Unit Density Maximum dwelling unit density(dwelling units per acre)shall be as set forth in Table 2 7.8 Exceptions 1. The residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner,available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957,and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep,and two side yards,each not less than 12 feet wide;and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. 2. In Residence 4(R4)Districts only,two or more vacant lots,mutually adjoining,may with a Special Permit from the Board of Appeals be permitted to be combined into a new lot or lots of not less than 10,000 square feet area each,and with not less than 100 feet street frontage,provided it be shown to the Board of Appeals that each such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and the Building Inspector shall permit the construction of one single family dwelling on each such 10,000 square foot lot. 3. As described in M.G.L. Ch.40A,no amendment to this Zoning Bylaw shall apply to land shown on an approved definitive subdivision plan as defined by the Subdivision Control Law,for the length of time described in M.G.L.Ch 40A. 4. As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall affect the use of land shown on an endorsed Approval Not Required Plan,as defined by the Subdivision Control Law,for the length of time described in M.G.L.Ch 40A. (Section 7 rewritten and reorganized May 1, 1995 Annual Town Meeting,Article 41) 80 tAORTH Town of over N.. / =_ dover, Mass., ;A. 0 0, L L COCHIC HEWICK OA?ATED P"? BOARD OF HEALTH Food/Kitchen PERMIT T Septic System THIS CERTIFIES THAT....... to 6 LAOM BUILDING INSPECTOR ...........M ..... . ...........................\................................. ...... Foundation a1 1 has permission to erect................................ ... buildings on............ .. ........M.kin..... ........ Rough 9 on 4 Chimney ...........& .Ji to be occupied as.. K* provided that the person accepting this permit shall in every respect conform...to the terms of the application on file 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 q (3(* 'ww=ft PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR LJTNLESS CONSTRUVN S' TS Rough Service . ...... .................. ............. ................... ... ............... L CTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Display in a Conspicuous Place on the Premises — Do Not Remove Rough Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. Board of Bu11 ing Regula ons aild tan az� One Ashburton Place -Room 1301 . Boston. Massachusetts 02108 Home Improvement Contractor Registration Registration: 123237 Type: Public Corporation Expiration: 1/1012007 HOWELL DESIGN & BUILD STEPHEN HOWELL 360 MERRIMACK ST. LAWRENCE, MA 01843 Update Address an&return card.Mark reason for change. : u 5oM-o4104-G101276 Address E] Renewal n Employment n Lost Card ✓lte�omino�zu�t1 o��/f/taa�ar�,zcaetta _ . a— Board of Building Regulations and Standards License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Registration: 123237 Board of Building Regulations and Standards •` Expiration:. 1/10/2007 One Ashburton Place Rm 1301 Type: Public Corporation Boston,Ma,02108 )WELL DESIGN&BUILD EPHEN HOWELL )MERRIMACKST.'�. WRENCE,MA 01843 /0� Administrator Not valid without signature �i '::`` �'' ✓lie't0a7��n�xuiea�i o�✓f�aa�ar./1,uaeC� BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number: CS 068232 Birthdate: 02/14/1962 Expires: 02/14/2008 Tr.no: 16261 Restricted: 00 STEPHEN D HOWELL 15 MT VERNON RD G- BOXFORD, MA 01921 Commissioner —�e _ , e Board of Buildin Regulations One Ashburton Pace, Rm 1301 Boston, Ma 02108-1618 License: CONSTRUCTION SUPERVISOR LICENSE Birthdate: 02/14/1962 Number: CS 068232 Expires:02/14/2008 Restricted To: 00 STEPHEN D HOWELL 15 MT VERNON RD B OXFORD, MA 01921 Tr.no: 16261 Keep top for receipt and change of address notification. 41 0 SOM•04/05-PC8698 • 00-35,000 cf enclosed space (MGL CA 12 S.60L) 1 A-Masonry only 1 G-1&2 Family Homes Failure to possess a current edition of the Massachusetts State Building Code is cause for revocation of this license. i ACORD CERTIFICATE OF LIABILITY INSURANCE OP IDS DATE(MM/DD/YYYY) ROWEL-1 07/06/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HUB International New England HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O.Box 540169 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Waltham MA 02454-0169 Phone: 781-893-4808 Fax:781-893-6679 INSURERS AFFORDING COVERAGE NAIC# !NSURED INSURER A: Atlantic Charter INSURER B: Hartford Insurance 22357 Howell Design & Build, Inc INSURER C: 360 Merrimack Street, Bldg #5 INSURER D: Lawrence MA 01843 INSURER E: OVERAGES 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,TH E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR NSR TYPE OF INSURANCE POLICY NUMBER DACY TE(MM/DDI E PDATE MM/DD/YYON LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,00 ,000 B X COMMERCIAL GENERAL LIABILITY 08SBAGH6835 06/01/05 06/01/06 PREMISES(Eaoccurence) $ 300,000 CLAIMS MADE FX OCCUR MED EXP(Any one person) $ 10�0 0 0 PERSONAL&ADV INJURY $ 1,000,00 X EPL-$S000 GENERALAGGREGATE $2,000,00o GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000. 000- POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ (Ea accident) ALLOWNED AUTOS —' SCHEDULED AUTOS BODILY INJURY $(Per person) HIRED AUTOS -- NON-OWNED AUTOS BODILY INJURY(Per (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F1 CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY I TORY LIMITS I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE WCA00120704 06/01/05 06/01/06 E.L.EACH ACCIDENT $ 100000 OFFICERIMEM BER EXCLUDED? If yes,describe under E.L.DISEASE-EA EMPLOYEE $ 100000 SPECIAL PROVISIONS below OTHER E.L.DISEASE-POLICY LIMIT $500000 SCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS contactor :RTIFICATE HOLDER CANCELLATION BOXFORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Town of Boxford NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 7 Boffard Road IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Boxford MA 01921 REPRESENTATIVES. AUTH PRE EN IVE ORD 25(2001/08) ©ACORD CORPORATION 1988 CONSTRUCTION SERVICES AGREEMENT Contractor: Owner: Date: Howell Design&Build,Inc. Eric and Amy Mabley August 23,2006 360 Merrimack St.Bldg 5 219 Main Street Lawrence,MA 01843. North Andover,MA 102845 Phone: 978-989-9440 Project: C.S.L.#068232 Additions and Renovations H.I.C.#123237 I. PARTIES&DATE OF AGREEMENT This contract(hereina ereferred to as"Agreement")is made and entered into on this 23rd day ofU2006,by and between Eric and Amy Mabley,(hereinafter referred to as"Owner");and Howell Design&Build,Inc.,(hereinafter referred to as"Contractor"). In consideration of the mutual promises contained herein,Contractor agrees to perform the following work: H. SCOPE OF WORK DESCRIPTION &CONTRACT SUM The Contractor shall perform the"Work"as described in this Agreement and the following Attachments,which are incorporated into this Agreement by reference below: A. ATTACHMENTS 1"� 1) 8 sheets of Plans titled"Mabley Residence"by Peterman Architects,Inc.,all sheets dated August$; 2006. 2) 10 pages of Kitchen Plans titled"Mabley Residence"by David J.Beaulieu,all sheets dated August 16, 2006 3) 19 page Scope of Work Description&Specifications dated August 23,2006. 4) 3 page List of Contract Allotments dated August 23,2006. 5) 2 page List of Contract Options dated August 23,2006. 6) 2 page Schedule of Values dated August 23,2006. 7) 1 page Substantial Completion Agreement dated August 23,2006. 8) 2 page Limited Warranty dated August 23,2006. B. CONTRACT DOCUMENTS The"Contract Documents"consist of this Agreement,the Attachments listed above,and Modifications issued after execution of the Contract. There are three(3)types of modifications: 1) FCO"Field Change Order"is a written directive from the Owner for the Contractor to proceed with a change in the work prior to the final cost of the change being known,the exact amount of extra time required for performance of the change,and/or prior to a"Contract Change Order"being executed. 2) CCO"Contract Change Order"is a written agreement between the parties to change the Work including the cost,or estimated cost,of the change,and the change in days to the Date of Substantial Completion specified in this Agreement. The cost or estimated cost of the Change Order is then incorporated into the Schedule of Values and becomes payable according to the payment terms discussed below in the Agreement. 3) A written amendment to the Contract signed by both parties. C. CONFLICT OF DOCUMENTS If any conflict should arise between the Contract Documents,then the following order of precedence will be Page: 1 of 8 Initials:5�W u' C followed in determining the terms and conditions that shall be controlling and binding upon the parties to this Agreement: 1) this Agreement 2) Substantial Completion Agreement 3) Limited Warranty 4) Schedule of Values 5) List of Contract Allotments 6) List of Contract Options 7) Scope of Work Description&Specifications 8 Plans — pQ�tmXq (9 fiw% - t3E.wo.irovi, D. CONTRACT SUM (price for all work described above): $344,749 E. TOTAL ALLOTMENTS included in Contract Sum): $ 97 25 (See attached"List of Contract Allotments") F. TOTAL OPTIONS (not included in Contract Sum): $ 27,029 (See attached"List of Contract Options") III.GENERAL CONDITIONS FOR THE AGREEMENT ABOVE A. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION Commence work on or about August 28,2006. Contractor to achieve substantial completion of all work in this Agreement on or about February 12,200ot including delays and adjustments for delays caused by:inclement weather,accidents,additional time required for performance of Change Order work(as specified in each Change Order),delays caused by Owner,and other delays unavoidable or beyond the control of the Contractor. B. EXCLUSIONS Unless specifically included in the Scope of Work described above,this Agreement does not include labor or materials for the following work: 1. Fees for design or engineering work including any additional D&E work required by building inspectors. All D&E work to be billed under separate Design Services Agreement. 2. Surveying that may be required to establish accurate property boundaries for setback purposes 3. Temporary sanitation,power,or fencing 4. Moving Owner's property around the site 5. Repair or replacement of Owner-supplied materials 6. Public or private utility connection fees 7. Repair of unforeseen and concealed conditions including,but not limited to,repair of concealed underground utilities not located on prints or physically staked out by Owner which are damaged during construction 8. Testing,removal and disposal of any materials containing asbestos(or any other hazardous material as defined by the EPA) 9. Removal of filled ground or rock or any other materials not removable by ordinary hand tools or other heavy equipment already on-site 10. Any digging or excavation below the grades shown on the plans in the event that soils unsuitable for supporting the specified footings are discovered 11. De-watering of excavations 12. Frost protection for open excavations Page:2 of 8 Initials: 13. Cold weather additives to concrete or insulation of concrete forms if required due to cold weather conditions 14. Correction of existing out-of-plumb or out-of-level conditions in existing structure 15. Correction of concealed substandard framing. 16. Removal and replacement of existing rot or insect infestation 17. Re-routing/removal of vents,pipes,ducts,wiring,conduits,structural members,or steel mesh which may be discovered in the removal or cutting of openings in the existing structure. 18. Failure of surrounding part of existing structure,despite Contractor's good faith efforts to minimize damage such as plaster or drywall cracking and popped nails in adjacent rooms. 19. Repair of damage to existing roadways,driveways,sidewalks,or grass areas that could occur when construction equipment and vehicles are being used in the normal course of construction 20. Exact matching of existing finishes.Where Contractor's work involves the"matching of existing finishes or materials,"Contractor will use his best efforts to match existing finishes and materials. However,an exact match is not guaranteed due to such factors as discoloration due to the aging process,difference in dye lots,and difficulty of exactly matching certain finishes,colors,and planes. 21. Final construction cleaning(Contractor will leave site in"broom swept"condition) 22. Landscaping and irrigation work of any kind. 23. Any item on the Plans marked"Not in the Contract"or"NIC". C. CHANGE ORDERS 1. CONCEALED CONDITIONS: If conditions are encountered at the site which are(1)subsurface or otherwise concealed physical conditions which differ from those indicated in the Contract Documents or(2)unknown physical conditions which differ from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,then the contract price shall be equitably adjusted in accordance with the change order provisions set forth herein for such concealed or unknown conditions upon claim by the Contractor. 2. CHANGES IN WORK: Any change from the Scope of Work referred to in the Contract Documents involving extra costs of materials or labor will be performed upon a written FCO(Field Change Order)and/or a written CCO (Contract Change Order)issued by Contractor and signed by Contractor and Owner prior to the commencement of Additional Work by the Contractor. Owner may issue a verbal FCO to Contractor for a change in the work,and may direct Contractor to commence with the change prior to signing a written change order. In this case,Contractor shall commence with the change in work and Owner shall be obligated to pay for additional costs incurred as a result of the change in work. Contractor shall follow-up with a written FCO and/or CCO to be signed by Contractor and Owner,as soon as is reasonably possible. 3. CHANGE ORDER PRICE CALCULATION: The adjustment to the Contract Sum for change order work that results in an increase in the contract price shall be calculated as follows: 1) costs of labor,including all applicable taxes and insurances;plus 2) costs of materials,supplies and equipment,including cost of transportation;plus 3) costs of additional dumpster space and/or hauling and removal of construction debris directly attributable to the change;plus 4) rental costs of machinery and equipment,exclusive of hand tools,whether rented from Page:3 of 8 Initials: 5 aj Contractor or others;plus 5) costs of premiums of all bonds and insurance,permit fees,and sales,use or similar taxes related to the work;plus 6) additional costs of supervision,and field and office personnel directly attributable to the change. The price of the change order work shall be the total cost of the work divided by 0.75,which compensates the Contractor 15%of the price for overhead and 10%of the price for net profit. . 4. EXAMPLE PRICE CALCULATION: Breakdown of Costs: Cost of Labor: $ 100 Cost of Materials: $ 100 Cost of Supervision Labor: $ 50 Cost of Equipment Rental: $ 50 Total Costs: $300 Divide Total Costs by 0.75 =Total Price: $400 Breakdown of Price: Total Costs $300 75% Overhead $ 60 15% Net Profit $ 40 10% Total Price $400 100% 5. DEDUCTIVE CHANGE ORDERS: Contractor's profit and overhead,and any supervisory labor will not be credited back to Owner with any deductive Change Orders(work deleted from Agreement by Owner). 6. SUBSTITUTION CHANGE ORDERS: In the event of a substitution of one item for another related item that results in an increase in price,Contractor's profit and overhead will be added only to the difference in costs between the original item and substituted item. In the event of a substitution of one item for another related item that results in a decrease in price,Contractor's profit and overhead will not be credited back to Owner on the difference in costs between the original item and substituted item. An example of substituting related items would be substituting hardwood flooring for carpeting in a room,or substituting a higher or lower grade material for a particular item. Unrelated changes or substitutions shall be priced per paragraphs 3&4 above. D. PAYMENTS AND COMPLETION 1. CONTRACT SUM: The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 2. SCHEDULE OF VALUES: The Schedule of Values(attached to this agreement)allocates the Contract Sum to the various portions of the Work and project milestones. This schedule shall be used as a basis for Contractor's Applications for Payment. The Schedule of Values shall not be used as a Page:4 of 8 Initials: / basis for the value of Work added to or deleted from the Agreement. 3. APPLICATION FOR PAYMENT: Applications for Payment(Invoices)shall be prepared by the Contractor every two(2)weeks and submitted to the Owner. The Application for Payment shall itemize the amounts due for completion or partial completion of the Work and/or project milestones thru the Invoice Date. The Owner shall receive the Application for Payment two(2)days prior to the Invoice Date and shall have two(2)days to review the application and respond to Contractor with any comments. During these two(2)days,Contractor and Owner shall agree on the amounts due. If Owner does not respond within two(2)days,the application is deemed accepted as submitted. Cr; 4. PROGRESS PAYMENTS: The Owner shall make payment within-three-(-3)days of the Invoice Date. 5. FAILURE OF PAYMENT: If the Owner does not pay the Contractor within three44days of the Invoice Date,then the Contractor may,upon seven(7)additional days'written notice to the Owner, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown,delay and start-up,plus interest as provided for in the Contract Documents. 6. DEFINITION OF SUBSTANTIAL COMPLETION: Substantial Completion is the stage in the progress of the Work when the Building/Work ohmprovement or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Building/Work of Improvement for its intended use. The Work under this Agreement may not contain all work required for the issuance of a"Certificate of Occupancy",and further,issuance of a "Certificate of Occupancy"may be beyond the control of the Contractor,therefore issuance of a Certificate of Occupancy shall not be a condition of Substantial Completion. 7. PUNCH LIST WALK-THRU: When the Contractor considers the Work,or portion thereof,which the Owner agrees to accept separately,is substantially complete,the Contractor and Owner shall perform the Punch List Walk-thru and agree on the list of work remaining for the Contractor to achieve "Final Completion"of the Work. This list of work shall be referred to as"The Final Punch List". The Contractor and Owner will then place a fair and reasonable value on each item on the Final Punch List. 8. SUBSTANTIAL COMPLETION AGREEMENT: The Contractor shall prepare and submit to the Owner the Substantial Completion Agreement. The Substantial Completion Agreement shall contain the Final Punch List along with the value of each punch list item. By signing and dating Part I of the Substantial Completion Agreement,Contractor and Owner agree that: a. the Work is Substantially Complete on the date noted on the agreement, b. that Warranties required by the Contract Documents shall commence on the date of Substantial Completion, c. that the Contractor is entitled to the Final Payment as shown on the Schedule of Values,less the Holdback for Punch List Work as described in Subparagraph 9. 9. FINAL PAYMENT AND HOLDBACK FOR PUNCH LIST WORK: The final contract payment is due and payable upon Substantial Completion(not Final Completion)of the work under contract. At the time of making the final contract payment,Owner may hold back the value of the Punch List Work times two,or$2,000,whichever is greater. This hold back for Punch List work assures Owner that Contractor will complete all Punch List work in a timely manner. Page:5 of 8 Initials: ` I 10. FINAL COMPLETION AND PAYMENT OF HOLDBACK: Upon receipt of written notice from the Contractor that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Owner will promptly make such inspection and,when the Owner finds the Work acceptable under the Contract Documents and the Contract fully performed,the Owner shall sign Part II of the Substantial Completion Agreement acknowledging that the Work has been completed in accordance with terms and conditions of the Contract documents and that the remaining unpaid amounts as shown on the final invoice are due and payable to Contractor. 11. PARTIAL PAYMENT OF HOLDBACK AMOUNT: If,after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,the Owner shall upon application by the Contractor,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed and accepted. 12. PAYMENTS/CREDITS FOR ALLOTMENT OVERAGES/UNDERAGES: Payment for items designated in the Agreement as Allotments has been initially factored into the Contract Sum and Schedule of Values. If the actual cost of an item exceeds the Allotment amount,the difference between the actual cost including taxes and delivery charges and the Allotment amount will be added to the Contract Sum via Change Order. Contractor overhead and profit will not be added to material only Allotment overages as long as the scope of work to receive,handle,install,and warrant such materials has not increased. For Allotment items that include materials and installation labor,overhead and profit will be added to the labor portion of an Allotment overage. If the actual cost of an item is less than the Allotment amount,a credit will be issued to Owner after all billings related to this particular Allotment have been received by Contractor.This credit will be issued via Change Order prior to calculating the final payment owing under the Agreement.The amount of the credit will be the difference between the Allotment and the actual cost of the item including taxes and delivery charges. Contractor overhead and profit will not be credited back to owner on Allotment underages. 13. INTEREST ON OVERDUE PAYMENTS: Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of one and one half percent(1-1/2%)per month. 14. ATTORNEY'S FEES: The Owner shall be responsible for reasonable attomey's fees incurred by Contractor in collecting any sums due hereunder. E. INSURANCES Contractor shall carry General Liability Insurance as well as MA Worker's Compensation Insurance for its employees throughout the course of the project. Certificates of such insur�nce shall bye"filed with the Owner rior to the commencement of the Work. Cre��C&L. vr 40d f ct4tS i ►^+�C��5 U ' 1'61�JV p�J' Owner shall purchase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include interests of the Owner,the Contractor,Subcontractors and Sub- subcontractors in the Work and shall insure against the perils of fire,and Acts of God such as earthquakes,high winds,floods,etc.and extended coverage and physical loss or damage including,without duplication of coverage,theft,vandalism and malicious mischief. This insurance shall also insure against loss of work in place,. Owner's above insurance shall remain in effect whether or not Owner occupies the premises during construction. Page:6 of 8 Initials:�PA s1,0:5;V The Owner shall file a copy of their Homeowner's Insurance policy with the Contractor before an exposure to loss may occur. The policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days'written notice has been given to the Contractor. F. WARRANTY Contractor provides a limited warranty for all Work included in this Agreement for a period of two(2)years following the date of substantial completion. (See attached Limited Warranty) G. OWNER'S SEPARATE SUBCONTRACTORS Owner shall not hire separate Subcontractors to work on the site at same time as Contractor without prior written consent from Contractor. Contractor reserves the right to not allow uninsured,unlicensed or unqualified subcontractors to work on the site at the same time as Contractor. Owner may hire separate Subcontractors to work on the site either before Contractor's date of work commencement or after final completion of the work. H. WORK STOPPAGE,TERMINATION OF CONTRACT BY CONTRACTOR Contractor shall have the right to stop all work on the project and keep the job idle if(1)payments are not made to Contractor in accordance with the Payment Terms in this Agreement,or if(2)Owner repeatedly fails or refuses to furnish Contractor with access to the job site and/or product selections or information necessary for the advancement of Contractor's work. Seven(7)days prior to stopping work on the project,the Contractor must give Owner written notice of the nature of Owner's default and must also give the Owner a fourteen(14)day period in which to cure this default. If work is stopped due to any of the above reasons(or for any other material breach of contract by Owner)for a period of 14 days,and the Owner has failed to take significant steps to cure his default,then Contractor may,without prejudicing any other remedies Contractor may have,give written notice of termination of the Agreement to Owner and demand payment for all completed work and materials ordered through the date of work stoppage,and any other loss sustained by Contractor,including Contractor's overhead and profit at the rate of 25%on the balance of the incomplete work under the Agreement. Payment for this final invoice is due within 7 days of submittal of invoice by Contractor. Thereafter,Contractor is relieved from all other contractual duties,including all Punch List and warranty work. If the contract is terminated and Owner pays all outstanding balances owed to Contractor,then materials ordered through the date of work stoppage become the property of Owner. I. TERMINATION OF CONTRACT BY OWNER The Owner shall have the right to initiate termination this Agreement if(1)the job remains idle for longer than fourteen(14)consecutive days after the work has been started without reasonable written notification of the cause of the work stoppage by Contractor to Owner,or if(2)the Contractor repeatedly fails to perform the work according to the Contract Documents. The Owner must give the Contractor written notice of the nature of the Contractor's default and must also give the Contractor a 14-day period in which to cure this default. If the Contractor fails to take significant steps to cure his default within the 14-day period,the Owner may give written notice to Contractor of Owner's desire to terminate this Agreement. Upon receipt of the Owner's written notice of desire to terminate this Agreement,the Contractor has 14 days to respond with an invoice for payment for all work completed and materials ordered through the date of work stoppage. Payment for this final invoice is due within 7 days of submittal of invoice by Contractor. After payment of final invoice Owner may terminate this Agreement and Contractor is relieved from all other contractual duties,including all Punch List and warranty work. If the contract is terminated and Owner pays all outstanding balances owed to Contractor,then materials ordered through the date of work stoppage become the property of Owner. The Contractor shall not be responsible for any incidental or consequential damages incurred by Owner as a result of such termination. J. DISPUTE RESOLUTION The parties agree that Massachusetts law shall control this Agreement and jurisdiction is proper in the Massachusetts Superior Court. Any controversy or claim arising out of or related to this Agreement involving an amount of less than the maximum limit of the small claims court must be beard in the Small Claims Division of Page:7 of 8 Initials: S"k/ / the district where the Contractor's office is located. Any controversy or claim arising out of or related to this Agreement which is over the dollar limit of the Small Claims Court shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules. The parties agree that mediation administered by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules shall be a condition precedent to arbitration. Judgment upon the award may be entered in any Court having jurisdiction thereof K ENTIRE AGREEMENT,SEVERABILITY,AND MODIFICATION This Agreement represents and contains the entire agreement between the parties.Prior discussions or verbal representations by the parties that are not contained in this Agreement are not a part of this Agreement. In the event that any provision of this Agreement is at any time held by a Court to be invalid or unenforceable,the parties agree that all other provisions of this Agreement will remain in full force and effect. Any future modification of this Agreement must be executed in writing in order to be valid and binding upon the parties. L. TRANSFERENCE This Agreement is between Owner and Contractor and is not transferable to other parties without the prior written consent of both Owner and Contractor which shall not be unreasonably delayed or withheld. M. EXPIRATION OF THIS AGREEMENT This Agreement will expire 30 days after the date at the top of page one of this Agreement if not accepted in writing by Owner and returned to Contractor within that time. O. OWNER'S 3-DAY RIGHT OF RECISION The Owner may cancel this agreement with no further obligations by notifying the Contractor in writing that they wish to cancel the agreement within 3 business days of the date they signed the agreement. I have read and understood,and I agree to,all the terms and conditions contained in the Agreement above. Date Stephen D.Howell,President Howell Design&Build,Inc. gz3 , (2, -7 Date Owner 2,W Date Owner Page:8 of 8 Initials:�J�