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HomeMy WebLinkAboutMiscellaneous - 1003 OSGOOD STREET 4/30/2018-cation No. i C. Date "°"r" TOWN OF NORTH ANDOVER p Certificate of Occupancy $ .=; Building/Frame Permit Fee $ -TS C" Foundation PermitFee $ Other Permit Fee ' ^r Sewer Connection Fee $ -ater Connection Fee $ IA-TAL $ .`r Building Inspector f 2 32'A-' 13 7 Div. Public Works P,mamrr,440. I �,' b q APPLICATION FOR PERMIT TO BUILD — NORTH ANDOVER, MASS. /AGE 1 MAP 440. LOT NO. 2 RECORD OF OWNERSHIP JDATE BOOK ;PAGE ZONE SUB DIV. LOT NO. -I l� LOCATION �;ey O Dc, VV��L �1 7i PURPOSE OF BUILDING OWNER'S NAME /' y2 NO. OF STORIES SIZE` OWNER'S ApDRE55/t' q 414 �Gi(./)' /`„�; G AJ ,AV BASEMENT OR SLAB ARCHITECT'S NAME �'-'r SIZE OF FLOOR TIMBERS IST 2ND 3RD BUILDER'S NAME !� 4 /— SPAN DISTANCE TO NEAREST BUILDING DIMENSIONS OF SILLS DISTANCE`FROM STREET POSTS DISTANCE FROM LOT LINES — SIDES REAR GIRDERS AREA OF LOT FRONTAGE HEIGHT OF FOUNDATION THICKNESS IS BUILDING NEW SIZE OF FOOTING X IS BUILDING ADDITION MATERIAL OF CHIMNEY IS BUILDING ALTERATION IS BUILDING ON SOLID OR FILLED LAND WILL BUILDING CONFORM TO REQUIREMENTS OF CODE IS BUILDING CONNECTED TO TOWN WATER BOARD OF APPEALS ACTION. IF ANY IS BUILDING CONNECTED TO TOWN SEWER IS BUILDING CONNECTED TO NATURAL GAS LINE INSTRUCTIONS SEE BOTH SIDES PAGE 1 FILL OUT SECTIONS 1 - 3 PAGE 2 FILL OUT SECTIONS 1 - 12 ELECTRIC METEPS MUST BE ON OUTSIDE OF BUILDING ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS PLANS MUST BE FILED AND APPROV D BY BU DING INPPECTOR e DATE FILED SIGNATURE OF OWNER OR AUTHORIZED AGENT F E E PERMIT GRANTED OWNER TEL. # oOD CONTR. TEL. # CONTR. LIC. # 3 PROPERTY INFORMATION LAND COST EST. BLDG. COST / N O EST. BLDG. COST PER SQ. FT. EST. BLDG. COST PER ROOM SEPTIC PERMIT NO. 4 APPROVED BY BOARD OF HEALTH PLANNING BOARD BOARD OF SELECTMEN I / BYI 0 INSP[CTOR . j' BUILDING RECORD OCCUPANCY 1 12 L""'t' THIS SECTION MUST SHOW EXACT DIMENSIONS OF LOT AND DISTANCE FROM MULTI. FAMILY OFFICES __ LOT LINES AND EXACT DIMENSIONS OF BUILDINGS. WITH PORCHES. GA - APARTMENTS RAGES. ETC. SUPERIMPOSED. THIS REPLACES PLOT PLAN. CONSTRUCTION 2 FOUNDATION CONCRETE 8 INTERIOR FINISH B 1 2 13 PINE CONCRETE BL'K. BRICK OR STONE HARDW D _ PIERS PLASTER ORY WALL _ UNFIN. 3 BASEMENT AREA FULL FIN. B'M'T' AREA '/4'/7 1/. FIN. ATTIC AREA _ N_O B M'T FIRE PLACES _ HEAD ROOM MODERN KITCHEN _ 4 WALLS I 9 FLOORS CLAPBOARDS B 1 2 3 I_ _ DROP SIDING WOOD SHINGLES ASPHALT SIDING ASBESTOS SIDING VERT. SIDING CONCRETE EARTH HARDIN'D COMMCN ASPH. TILE STUCCO ON MASONRY STUCCO ON FRAME BRICK N MASONRY ATTIC STRS. d FLOOR _ BRICK ON FRAME CONC. OR CINDER BLK. WIRING STONE ON MASONRY STONE ON FRAME SUPERIOR II POOR _ ADEQUATE NONE 10 PLUMBING $ ROOF GABLE GAMBRELMANSARD I A HIP BATH 13BATH FIXE TOILET RM. FIX.) ) _ FLAT SHED WATER CLOSET ASPHALT SHINGLES LAVATORY _ WOOD SHINGES KITCHEN SINK _ SLATE NO PLUMBING TAR & GRAVEL STALL SHOWER _ ROLL ROOFING MODERN FIXTURES TILE FLOOR TILE DADO 6 FRAMING 11 HEATING WOOD JOIST PIPELESS FURNACE FORCED HOT AIR FURN. TIMBER BMS. & COLS. STEAM STEEL BMS. d COLS. HOT W'T'R OR VAPOR WOOD RAFTERS _ AIR CONDITIONING _ RADIANT H'T'G UNIT HEATERS 7 NO. OF ROOMS GAS OIL B'M'T 2nd _ lsl 13rd ELECTRIC I NO HEATING FORM U - LOT RELEASE FORM INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable local or state law, regulations or requirements. ****************Applicant fills out this section***************** APPLICANT: OIL, L' G y� Phone LOCATION: Assessor's Map Number Parcel Subdivision Lot(s) Street /00 3 && pa 7) St N JJ 2AL" St. Number ************************Official Use Only************************ RREECO DATIONS OF TOWN AGENTS: Date Approved 3 v/ 5 Conservation Administrator Date Rejected Comments Town Planner Comments Food Inspector -Health Septic Inspector -Health Comments Public Works - sewer/water connections - driveway permit Fire Department Date Approved Date Rejected Date Approved Date Rejected Date Approved Date Rejected Received by Building Inspector Date ON r--4 x o cra ow cn v U) � O z a as o w o w' G s U c AG O U GOZ c� a a o w c it P. � O W V a W o w U) -cz w O H w x o rx c w W w «r w v ro O z cn I 0 o cn c c m c :'c g CD c y:= O Cc Cc Cc Q m C - O Q o i CE �0+ d � o C c.. CJ Ca ts r as CO H _R y m3 • � C a O �p H c E m N MEN :� m a.w - 04 � h m � O a N Qac.c Q N O cc i- CL Nmc _ O p H o a CD LjjN H Q..0 MUM ,= 53� u .E 16. 'a�CD � N� CL m G _ Ai N O H s .c.. E d. N L .a+ H �O O i N c O cm m m CM c CO 0 c •C N CD r r O Z O J 0 O 0 z 0 U M m O r'2 O CO O CO O O D CO2 y O i O CL yr . O co v CO2 O Cl V CO2 O R CO) L O v co Q COD C CO CM C O 0 M m m H � L co D O O O. Q. C r=.+ i c cc J -a O CO Z CD Q COD C J Q z LL W d } cc z � C) z LL' } Q W LL U) O C u 0- U Location - , , - ' I No. Date TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ nFAooA- un'd�-ation Permit Fee $ %Y'C3fl?Permit Fee $ JUN i pewer Connection Fee $ rffpater Connection Fee $ No. Andover CojjjffiiPL $ Building Inspector Div. Public Works pa�trr n'b. 2 -3 7 v APPLICATION FOR PERMIT TO BUILD — NORTH ANDOVER, MASS. PAGE 1 MAP 4J0. LOT NO. 2 RECORD OF OW RSHIP DATE BOOK PAGE �NE SUB DIV. LOT NO. LOCATION 1003 Osgood St. , No-. A'ridc�VPr PURPOSE OWDIER'S NAME Cyr Associates NO. OF STORIES SIZE OWNER'S ADDRESS 100 Water St., Lawrence, Ma BASEMENT OR SLAB ARCHITECT'S NAME SIZE OF FLOOR TIMBERS IST 2ND 3RD UILDER'S NAME David Gagnon SPAN DISTANCE TO NEAREST BUILDING DIMENSIONS OF SILLS DISTANCE FROM STREET, POSTS DISTANCE FROM LOT LINES — SIDES REAR GIRDERS AREA OF LOT FRONTAGE HEIGHT OF FOUNDATION THICKNESS IS BUILDING NEW SIZE OF FOOTING X IS BUILDING ADDITION MATERIAL OF CHIMNEY IS BUILDING ALTERATION - reshingle IS BUILDING ON SOLID OR FILLED LAND WILL BUILDING CONFORM TO REQUIREMENTS OF CODE yes IS BUILDING CONNECTED TO TOWN WATER BOARD OF APPEALS ACTION, IF ANY IS BUILDING CONNECTED TO TOWN SEWER IS BUILDING CONNECTED TO NATURAL GAS LINE SEE BOTH SIDES PAGE 1 FILL OUT SECTIONS 1 - 3 PAGE 2 FILL OUT SECTIONS 1 - 12 INSTRUCTIONS ELECTRIC METEPS MUST BE ON OUTSIDE OF BUILDING ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS PLANS MUST BE FILED AND PROVED BY BUILDING INSPECTOR , DATE ILED / 0� SIGNATURE OF OWNER OR AUTHOPnZED AGENT OWNER TEL FEE CONTI LIC. PERMIT GRANTED 19 v 3 PROPERTY INFORMATION LAND COST let EST. BLDG. COST $2, 500. 00 EST. BLDG. COST PER SQ. FT. EST. BLDG. COST PER ROOM SEPTIC PERMIT NO. 4 APPROVED BY BOARD OF HEALTH PLANNING BOARD BOARD OF SELECTMEN w.w-mw ..♦sra%. VR 1 OCCUPANCY SINGLE FAMILY STORIES - MULTI. FAMILY _ OFFICES APARTMENTS ASBESTOS SIDING FORCED HOT AIR FURN. CONSTRUCTION 2 FOUNDATION STEAM 8 INTERIOR FINISH CONCRETE d I 2 CONCRETE BL'K.PINE _ _ STUCCO ON MASONRY _ BRICK OR STONE HARDW D STUCCO ON FRAME _ PIERS PLASTER BRICK ON MASONRY ATTIC STRS. & FLOOR I_ _ DRY WALL _ 3 BASEMENT CONC. OR CINDER BLK. UNFIN. AREA FULL FIN. B'M'T' AREA '/ 1/1 '/. FIN. ATTIC AREA NO B'M'T FIRE PLACES HEAD ROOM MODERN KITCHEN 4 WALLS I 9 FLOORS CLAPBOARDSI�I 1 I - ASPHALT SIDING I 11 HEATING HARDH✓'D PIPELESS FURNACE _ ASBESTOS SIDING FORCED HOT AIR FURN. COMMON TIMBER BMS. & COLS. STEAM VERT. SIDING ASPH. TILE WOOD RAFTERS _ _ STUCCO ON MASONRY _ RADIANT H'T'G _ STUCCO ON FRAME 7 NO OF ROOMS GAS BRICK ON MASONRY ATTIC STRS. & FLOOR I_ BRICK ON FRAME CONC. OR CINDER BLK. STONE ON MASONRY �I ADEQUATE WIRINNONE STONE ON FRAME SUPERIOR I� POOR 5 ROOF 10 PLUMBING GABLE_ HIP BATH 13 FIX.) _ GAMBREL _ MANSARD TOILET RM. 12 FIX.) _ FLAT SHED WATER CLOSET _ ASPHALT SHINGLES LAVATORY WOOD SHINGES KITCHEN SINK _ SLATE NO PLUMBING _ TAR R GRAVFI - STALL SHOWER I ROLL ROOFING 6 FRAMING I 11 HEATING WOOD JOIST - PIPELESS FURNACE FORCED HOT AIR FURN. TIMBER BMS. & COLS. STEAM STEEL BMS. & COLS. HOT W'T'R OR VAPOR WOOD RAFTERS _ AIR CONDITIONING _ RADIANT H'T'G UNIT HEATERS 7 NO OF ROOMS GAS OIL B'M'T 2nd _ ELECTRIC 1st 13rd I NO HEATING T o BUILDING RECORD THIS SECTION MUST SHOW EXACT DIMENSIONS OF LOT AND DISTANCE FROM LOT LINES AND EXACT DIMENSIONS OF BUILDINGS. WITH PORCHES, GA- RAGES. ETC. SUPERIMPOSED. THIS REPLACES PLOT PLAN. N Cr led cc O ad � U •� C .~.i O U Q 09 L O W � I � W a� S U y v ? O Z Z O �W W C Go �to Z z ::D ? In z 'C O N ac oc w 0 H E 0 F a V p CID mD m L C —1 L J L U L m Y - 0 !Ec c c c cr U ii ¢ u. Q cn U. Nca Q ii m L,w( y,ICILM. O z i � U •� C o v o o ,= Z L i N Z Z L O � I � O a� 4 U y v W 0 � O �W U C Go �to Z w m� ::D 0 ao a 'C O N w 0 z E 0 F a ..a O y N one Z DID W) V in •y � 4 a� C ^� i �r � c E 0. � y 3 O O - V � c m •m � r.r CL o0 .( c .c one Z Date .....4 ......... � TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that�1..x.{.r..............%............................................. has permission to perform ...Ac..�- ............. . ................................................................ wiring in the building of.....��f y.,<.!..... . r� s!9,w . E.�.r................. at .�j ��� .......... . North Andover, Massa ��.77............ j . r....� Fee.f�1...../..........:.. Lic. No?/.Y��......,ar .................... �..,. ............ LECTRICALPE< Check # �73� 1-*. 11662 Commonwealth of Massachusetts Official Use Only Permit No. b (O � 'Department of Fire Services -- Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev.1/07) leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code (MEC), 527 CMR 00 (PLEASE PRINT ININK OR TYPE ALL INFORMATIO.IV) Date: , City or Town of. NORTH ANDOVER To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the elec4ital work described below. Location (Street & Number) Owner or Tenant Owner's Address No. Is this permit in conjunction with a building permit? Yes D2" No ❑ (Check Appropriate Box) Purpose of Building o-- Utility Authorization No. 13 `7 t 6 2"_ Existing Service Amps / Volts Overhead ❑ Und rd g ❑ No. of Meters New Service Amps / Volts Overhead Undgrd No. of Meters Number of Feeders and Ampacity J 2,0 Location anis Nature of Proposed Electrical Work: e (j h A � A /W v L-1' — 1 be waNed by the, him—Mr nf MY— No. of Recessed Luminaires No. of Ceil.-Susp. (Paddle) Fans No. of Total Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires Swimming Pool Above ❑In- E] rnd. rnd. No. of Emergency Lighting Batteg Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners No. of Detection and Initiating Devices No. of RangesNo. of Air Cond. Total Tons g No. of Alerting Devices No. of Waste Disposers Heat Pump Totals: Number "''"' Tons ""'"""""""""" "KW """..... "' No. of Self -Contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Local ❑ Municipal ❑ Other Connection No. of Dryers Heating Appliances KW Security Systems:* No. of Devices or Equivalent No. of Water Heaters KW No. of No. of Signs Ballasts Data Wiring: No. of Devices ox Equivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications Wiring: No. of Devices or Equivalent OTHER: N Attach additional detail if desired, or as required by the Inspector of Rres. Estimated Value of Electrical Work: (When required by municipal policy.) o+ Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify:) I certify, under the ains a ripenalties o perjury, that the information oit this application is true and complete. FIRM N ` c c-eA JAC. NO. • 2 1 L14 Licensee: ignature LIC. NO.: 2 (Ifapplicable n r "e empt" in the license number line. Bus. Tel. No.• 116 Address: - Alt. Tel. *Per M.G.L c. 14T, s. 7-61, security work requires Department ofPu lic Safety "S" License: Lic. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent. Owner/Agent Signature Telephone No. PERMIT FEE: $ ly d ❑ 2012 Massachusetts Electrical Code Amendments 527 CMR 12.00 § Rule 8: In accordance with the provisions of M.G.L. c. 143, § 3L, the permit application form to provide notice of installation of wiring shall be uniform throughout the Commonwealth, and applications shall be filed on the prescribed form. After a permit application has been accepted by an Inspector of Wires appointed pursuant to M. G.L c. 166, § 32, an electrical permit shall be issued to the person, firm or corporation stated on the permit application. Such entity shall be responsible for the notification of completion of the work as required in M.G.L. c. 143, § 3L. Permits shall be limited as to the time of ongoing construction activity, and may be deemed by the Inspector of Wires abandoned and invalid if he or she has determined that the authorized work has not commenced or has not progressed during the preceding 12 -month period. Upon written application, an extension of time for completion of work shall be permitted for reasonable cause. A permit shall be terminated upon the written request of either the owner or the installing entity stated on the permit application. ❑ The Permit Extension Act was created by Section 173 of Chapter 240 of the Acts of 2010 and extended by Sections 74 and 75 of Chapter 238 of the Acts of 2012. The purpose of this act is to promote job growth and long-term economic recovery and the Permit Extension Act furthers this purpose by establishing an automatic four-year extension to certain permits and licenses concerning the use or development of real property. With limited exceptions, the Act automatically extends, for four years beyond its otherwise applicable expiration date, any permit or approval that was "in effect or existence" during the qualifying period beginning on August 15, 2008 and extending through August 15, 2012. ❑ Rule 8 — Permit/Date Closed: *** Note: Reapply for new permit ❑ ❑ Permit Extension Act — Permit/Date Closed: Trench Inspection Pass Failed Re- Inspection Required ($.) Inspectors Co ents: t /❑ IK Z- �2_V Inspectors Signature! Date: SERVICE INSPECTION: Pass Failed 0 e- Inspection Required ($.) ❑ Inspectors Comments: Inspectors Signature: Date: PARTIAL ROUGH INSPECTION: Pass n? Failed Re- Inspection Required ($.) ❑ Inspectors Comments: Inspectors Signature: Date: ROUGH INSPECTION: Pass 0 Failed Re- Inspection Required ($.) ❑ Inspectors mments: f Inspectors Signature: Date: FINAL INSPECTION: Pass 0 Failed ❑' , Re- Inspection Required ($.) ❑ Inspectors Comments: `G�tw--6i�.�C /a---/ Z--1-', Inspectors Signature: Date: WEINHOLD ... TOWN OF MERRIMAC, MA........dweinhold@townofinerrimae.com The Commonwealth oflMlassachusetts Department oflndustritrlAccidents Office of Investigations 600 Washington. Street Boston, MA 02111 www.mass gov/dia Workers' Compensation )Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Address: V.0 -7.2 ' City/State/Zip: �LZ� �i a Y fJ o3_07 ( Phone #:_ M —Lf `� %� Are ou an employer? Check the appropriate box: 1. El I am a employer with _� 4. ❑ I am a general contractor and I employees (full and/or part-time) 2. ❑ I am a sole proprietor or partner- ship and'have no employees working for me in any capacity. [No workers' comp. insurance required.] 3. ❑ f am a homeowner doing allwork myself. [No workers' comp. insurance required.] t have hired the sub -contractors listed on the attached sheet. These sub -contractors have workers' comp. insurance. 5. ❑ We are a corporation and its officers have exercised their right of exemption per MGL c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required.] Type of project (required): 6. Q New construction 7. ❑ Remodeling 8. ❑ Demolition 9. Q Building addition 10.❑ Electrical repairs or additions 11.❑ Plumbing repairs or additions 12.Q Roofrepairs 13.❑ Other !Any applicant that checks box#1 must also fill out the section below showingtheir workers' compensation policy information. T Homeowners who submit this affidavit indicating they h7re doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. lam an employer that is providing workers' compensation insurance for my employees. Below is the,policy and joh site information. C Insurance Company Name:- � Policy # or Self -ins. Lie. #/: Expiration Date: Mb Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required"under Section 25A ofMGL o. 152 can lead to the imposition of criminal penalties of a fine up to .$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of Investigations of the DIA for insurance coverage verification. X do hereby certify under Aee paiins and penalties ofperjury that the information provided above) n is true an correct. - Sign re: C J�"'�`� l/ l Date: JA `!46� Official use only. Do not write in this area, to be completed by city or town official. City or Town: PermitUcense # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. EIectrical Inspector 5. Plumbing Inspector 6. Other - - - Contact Person: . Phone Information and InstructionmS ' Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract ofhire,• express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more ofthe foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner o£a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced. acceptable evidence of compliance with the insurance coverage requvred" Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance ofpublic work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s) name(s), address(es) and phonenumber(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP floes have employees, a policy is required. Be advised that this affidavit maybe submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their . self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only. submit one affidavit indicating current Policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)" A copy of the affidavit that has been officially stamped or markedly the city or town maybe provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. Anew affidavit must be filled out each year. Where a homeowner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation gird should you have any questions, please do not hesitate to give us a call. The.Department's address, telephone and fax number: The Commollwedth of Massachusetts I3epazftueat of 1ndusWal .Accidouts Qf$Ce of lave' stigatious 604 Wish *Ga Stir@)a Boston, MA 02111 ` QJ, # 617-727-4900 oxt406 or 1.-877-MASSAFI, Revised 5-26-05 Fax # 617-,727~7749 This certifies that ......�,��,��� . ,��..�„��,� • ��• j� has permission to perform plumbing in the buildings of ,- at .. G F • • • • • • . • • • • • • ........ , North Andover, Mass. Feed ... Lic. NoA,9-t"4t2--; C ' PL� &SPE UMBNG INCT() Check # Q, \\� ,, MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM PLUMBING WORK CITY I Wn JIMA DATE PERMIT # gqI W JOBSITE ADDRESS UCS , OWNER'S NAME POWNER ADDRESS TEL TYPE OR OCCUPANCY TYPE COMMERCIAL U2*� EDUCATIONAL Q RESIDENTIAL Q PRINT CLEARLY NEW: Q RENOVATION: ® REPLACEMENT: Q PLANS SUBMITTED: YES Q NOQ FIXTURES'l FLOOR- BSM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 BATHTUB ( I ( I ( f CROSS CONNECTION DEVICE DEDICATED SPECIAL WASTE SYSTEM DEDICATED GAS/OIUSAND SYSTEM I DEDICATED GREASE SYSTEM DEDICATED GRAY WATER SYSTEM I DEDICATED WATER RECYCLE SYSTEM I DISHWASHER (_ e_1 I i __...___..1 f DRINKING FOUNTAIN _ _ f __.-.J __ 1 _,J J ► �__ ��! ____J I _._J ____1 __ J _( f FOOD DISPOSER FLOOR / AREA DRAIN INTERCEPTOR INTERIOR KITCHEN SINK LAVATORY ROOF DRAIN SHOWER STALL SERVICE/MOP SINK TOILET I URINAL WASHING MACHINE CONNECTION WATER HEATER ALL TYPES I WATER PIPING OTHER INSURANCE COVERAGE: 1 have a current liability insurance its the MGL Ch. 142. YES QI policy or substantial equivalent which meets requirements of J NO IF YOU CHECKED YES, PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLICY Rr OTHER TYPE OF INDEMNITY Q BOND Q OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massach tts General Laws, and that my signature on this permit application waives this requirement. CHECK ONE ONLY: OWNER AGENT 0 SIGNATURE 0 ER OR AGENT I hereby certify that all of the details and information I have submitted or entered regarding this application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be in co pli ce with all Pertinent provision of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. PLUMBER'S NAME n F 11LICENSE # / ;S o2 ( SI URE MP JP Q CORPORATION n# Q# LLC j COMPANY NAME ADDRESS " Q CITY r/1STATE ZIP TEL FAX CELL MAIL 1.-__-- O z z 0 H C1 w j 1 w o� z NE O � W � w O ui 3 O a W U) a ui w u 3 W a O o w� as J a a V) ui YJ w I --a W F O z 0 H U. W W C7 z a °a I 51 p The Commonwealth ofMassachusetts - Department of IndustriqlAccidints Office ofl'nvestigations 600 Washington Street Boston, .NIA 02111 www.mass gov/rlia 'workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Name V P;n6r •/9 n, City/State/Zip:MC4 ye✓I / /% 01(��flf Phone Are you an employer? Check the appropriate box: Type of project (required): 1. ❑ I am a em to er with 4. ❑ I am a general contractor and I ' p y 6. ew construction loyees (full and/or part-time).* have hired the sub -contractors , 2. [�'I am a sole proprietor or partner- listed on the attached sheet. x 7• Remodeling ship and'have no employees These sub -contractors have 8. ❑ Demolition working for me in any capacity. workers' comp. insurance. g, ❑ Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its off cers have exercised their 10,[] Electrical repairs or additions required.] 3111 am a homeowner doing all work right of exemption per MGL ILEI Plumbing repairs or additions myself. [No workers' comp. c. 152, §1(4), and we have no 12.❑Roof repairs insurance required.] t employees. [No workers'. comp. insurance required.] 13.❑Other *Any applicant that checks box#1 must also fill out the section below showing their workers' compensation policy information. T Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit anew affidavit indicating such. tContractors that check this box must attached an additional sheet showingthe name of the sub -contractors and their workers' comp. policy information. I am an employer that isproviding workers' compensation insuranceformy employees. Below is thepolicy and job site information. Insurance Company Name% - Policy # or Self -ins. Lic. M ExpirationDate: Job Site Address: City/State/Zip: Attach a. copy of the workers' compensation -policy declaration page (showing the policy number and expiration date). Failure to secure coverage as requiredunder Section 25A ofMGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one=year imprisonment, as well as civil. penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of Investigations of the DTA for insurance coverage verification. Ido hereby certjd�under,.Aepains andpenalties ofperjury that the information provided above is true and correct. Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. CitylTown Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other - - - ContactPerson: Phone Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract ofhiw,- express or implied, oral or. written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the , dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced -acceptable evidence of compliance with the insurance coverage required." Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance ofpublic work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub -contractors) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit maybe submitted to the Department of Industrial Accidents fox confirmation of insurance coverage, Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or ifyou are required to obtain a workers' compensation policy, please ,call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure thatthe affidavit is -complete -and tinted 16ibl: The De atfinerithas rovided a s ace afi the boffoin p g Y of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number whichwill be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the. applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The CommonwcalthofMassacliusaits Dopaftent of Indust -dal .Accldants Off(ce offaveatigatiom 600 Wasbingtou Strwt Boston, MA 02111 Tel, # 617-727-4900 at 406 or 1-877,7MASSAFF Revised 5-26-05 Fax # 617"727-7749 1!� OF NORTfj 4� SACHUS� TOWN OF NORTH ANDOVER PERMIT FOR PLUMBING This certifies that .....uoa t. .... :.............. . has permission to perform .., ,,�1 �- .. ............... plumbing in the buildings of , Q at`%. ....... ,North Andov r, Mass. FeeAlyr f d .. Lic. No. �.�r C:� .... ... ... PLUMBING INSPECAPOR Check # 6 3' P TYPE OR PRINT CLEARLY MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM PLUMBING CITY MA DATE JOBSITE ADDRESS % OD a $ co OWNER'S NAME OWNER ADDRESS _ TELF OCCUPANCY TYPE COMMERCIAL EDUCATIONAL D NEW: D RENOVATION: D REPLACEMENT: D FIXTURES Z FLOOR- BSM 1 BATHTUB CROSS CONNECTION DEVICE ( __ DEDICATED SPECIAL WASTE SYSTEM DEDICATED GAS/OIL/SAND SYSTEM DEDICATED GREASE SYSTEM DEDICATED GRAY WATER SYSTEM DEDICATED WATER RECYCLE SYSTEM 1 DISHWASHER DRINKING FOUNTAIN �( _ FOOD DISPOSER FLOOR/ AREA DRAIN I _� INTERCEPTOR INTERIOR KITCHEN SINK I ;v LAVATORY ( _ ROOF DRAIN ( _ SHOWER STALL SERVICE I MOP SINK I TOILET I URINAL I 2 1 3 1 4 1 5 16 1 7 1 8 Ir PERMIT # ' "v t 1 CSS b A c FAX RESIDENTIAL PLANS SUBMITTED: YES © NODI 9 1 10 1 11 1 12 13 1 14 III "T"MmIl lei 1111 1 IM -MIM MOMIM FM F JMI''�- JIB'! 0FW-1�11WN ... f lNFM--M- 11If�1FM- 111%I •[ST.Cd7 f�lr.�lr��r�lt�r�lr�lr�r�l�r�l l,l- have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. YES k0 0 IF YOU CHECKED YES, PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLICY OTHER TYPE OF INDEMNITY © BOND D OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws, and that my signature on this permit application waives this requirement. CHECK ONE ONLY: OWNER '� AGENT �1 IGNATURE OF OWNER OR AGENT I hereby c ' y that all of the details and information I have submitted or entered regarding this application are true and accurate to the best of my knowledge and that a I plumbing work and installations performed under the permit issued for this application will be in compli ce ith all Pertinent provision of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. PLUMBER'S NAME �' -� �--2 I LICENSE SIGNATURE MP D JP– CORPORATION D#©PARTNERSHIP ©#�!1 LLC 0/I COMPANY NAME��� ADDRESS O // YL h CITY 1 /yI n STATE ZIP I P a ©' 2. TEL / D E13—� FAX(CELL _' EMAIL ._----- ----- -._.. _.-------------__..--...____..----------_.....-----_`_..-- _. _ - - NJ 0 zo LLJ uj o ux) LLJ LLI CO) O z CL CL LLI U- NJ The Commonwealth of Massachusetts - Department of Industrial Accidents Office of Investigations kvtj 600 Washington Street Boston, MA. 02111 www mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual):d� ? G,�- Address:. 4�)ciM_!. % 1/ J ) C City/State/Zip: A v2n 4.eAJ I, O jd3 Z Phone #: / o Are you an employer? Check the appropriate box: 1. ❑ I am a employer with 4. ❑ I am a general contractor and I employees (full and/or part-time).* have hired the sub -contractors 2. am a sole proprietor or partner- listed on the attached sheet. ship and'have no employees These sub -contractors have working for me in any capacity. workers' comp. insurance. [No workers' comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their 3. ❑ I am a homeowner doing all work right of exemption per MGL myself. [No workers' comp. c. 152, § 1(4), and we have no insurance required.] t employees. [No workers' comp. insurance required.] Type of project (required): 6. D New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 10. ❑ Electrical repairs or additions 11.0 Plumbing repairs or additions 12.0 Roof repairs 13.❑ Other *Any applicant that checks box #1 must also fill out the section below showing their workers' compensation policy information. Y Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit anew affidavit indicating such. #Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. lam an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name:. 0 6�) ffy 'e - - Expiration Date: - -- -- '- - --- - - -- ._ _ _ _ - - _ Job Job Site Address: C,U U.S 4 Ov S`r City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one=year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. Ido hereby certify under thepains andpenalties ofperjury that the information pro vided above is true and correct. Si afore: Date: V/1! Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other - - Contact Person: Phone #' Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, - express or implied, oral or written." An employeiis defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint. enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced -acceptable evidence of compliance with the insurance coverage required." Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub -contractors) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, ' are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents. for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom ___ _ _ of the affidavit for you to fill out in the eaenf the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permittlicense number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (ifnecessary) and under "Job Site Address" the applicant should write "all locations in (city or town)" A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The, Commonwealth of Massachusetts Department of Industrial Accidents office o£Investigations 600 Washington Street Boston, MA. 02111 Tel. # 617-727-4900 ext 406 or 1-877:MASSAFE Revised 5-26-05 Fax # 617-727-7749 wWw-mass.gov/dia Date........................................ �...`...-�. TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that ............... ....C.LZ............L......................... has permission to perform ....... /'.. wiring in the building of ...... C/,.�j/�............ ��.... 019 at .............(..... vj............................................'....... ,North Andover, Mass. Fee... f Z S Lic. No........ Z14`�,;.* ..rKCTR]ICAL ........... ........ ...... INSPECPOR Check # 11764 IF Commonwealth of Massachusetts Official Use Only Permit No. - / Department of Fire Services Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/071 eaveblanlc APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code (NMC), 527 12.00 (PLEASE PRINT INIIVK OR TYPE ALL INFORMATION) Date: '0 —► J City or Town oh NORTH ANDOVER To the Inspector of Wire By this application the undersigned gives notice of his orher intention to perform the ctrical work de scn ed below. Location (Street & Number) /QO 6 `J S0 Owner or Tenant Owner's Address Is this permit in conjunction with a building permit? Yes Telephone No ❑ (Check Appropriate Box) Purpose of Building Utility Authorization No. - Existing Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters New Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters Number of Feeders and Ampacity Lo atiqn and Nature of Proposed Electrical Work: + e- l� Completion of the following table maybe waived by the Inspector of Wires. No. of Recessed Luminaires No. of Ceil: Susp. (Paddle) Fans No. of Total Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires ++ +Swimming Above In- Pool rnd.-_ ❑ rnd. o. o Emergency Lighting Battery Units No. of Receptacle Outleti, V_ - '. No. of Oil Burners :. FIRE ALARMS I No. of Zones No. of Switches No. of Gas Burners No. of Detection and Initiating Devices No. of Ranges g No. of Air Cond. Total Tons No. of Alerting Devices g No. of Waste Disposers Heat Pump Totals: Number Tons KW No. of Self -Contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Local ❑ Municipal ❑ Other Connection No. of Dryers Heating Appliances KW Security Systems:- No. of Devices or Equivalent No. of Water KW Heaters No. of No. of Signs Ballasts Data Wiring: No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications Wiring No. of Devices or Equivalent OTHER: $ e e f - Attach additional detail if desired or as required by the Inspector of Wires. Estimated Value of Electrical Work: (When required by municipal policy.) Werk to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify:) I cert, under the Gins an penalties pfper'ur, that to in�orntatiPn on this application is true and complete. FIRM NAME:. x- /e ' t'"c I c7APV ce LIC. NO.: Licensee: p 'e Signature �f ti LIC. NO.: (If applicable,nter "exempt" in the license numbe line.) Bus. Tel. No. •9 `I 1�= 2!7 Address: limit 96'� 10.7 Sct leWV4% 0367c7 Alt. Tel. No.: *Per M.G.L c. 147, s. 57-61, security work requires Department of Public Safety "S" License: Lic. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent. Owner/Agent PERMIT Signature Telephone No. FEE: $/o� ❑ 2012 Massachusetts Electrical Code Amendments 527 CMR 12.00 § Rule 8: In accordance -with the provisions of M.G.L. c. 143, § 3L, the permit application form to provide notice of installation of wiring shall be uniform throughout the Commonwealth, and applications shall be filed 1 on the prescribed form. After a permit application has been accepted by an Inspector of Wires appointed pursuant to M. G.L c. 166, § 32, an electrical permit shall be issued to the person, firm or corporation stated on the permit application. Such entity shall be responsible for the notification of completion of the work as required in M.G.L. c. 143, § 3L. Permits shall.be limited as to the time of ongoing construction activity, and may be deemed by the Inspector of Wires abandoned and invalid if he or she has determined that the authorized work has not commenced or has not progressed during the preceding 12 -month period. Upon written application, an extension of time for completion of work shall be permitted for reasonable cause. A permit shall be terminated upon the written request of either the owner or the installing entity stated on the permit application. ❑ The Permit Extension Act was created by Section 173 of Chapter 240 of the Acts of 2010 and extended by Sections 74 and 75 of Chapter 238 of the Acts of 2012. The purpose of this act is to promote job growth and long-term economic recovery and the Permit Extension Act furthers this purpose by establishing an automatic four-year extension to certain permits and licenses concerning the use or development of real property. With limited exceptions, the Act automatically extends, for four years beyond its otherwise applicable expiration date, any permit or approval that was "in effect or existence" during the qualifying period beginning on August 15, 2008 and extending through August 15, 2012. ❑ Rule 8 — Permit/Date Closed: *** Note: Reapply for new permit ❑ ❑ Permit Extension Act — Permit/Date Closed: Trench Inspection Pass F Failed Re- Inspection Required ($.) ❑ Inspectors Comments: Inspectors Signature: Date: SERVICE INSPECTION: Pass 0 Failed Re- Inspection Required ($.) ❑ Inspectors Comments: W / - - %� a Inspectors Signature: Date: PARTIAL ROUGH INSPECTION: Pass 0 Failed Re- Inspection Required ($.) ❑ Inspectors Comments: Inspectors Signature: Date: ROUGH INSPECTION: Pass 0 Failed Re- Inspection Required ($.) ❑ Inspectors Comme ts: Inspectors Signature: Date: FINAL INSPECTION: Passe Failed 0 Re- Inspection Required_($.) ❑ Inspectors Comments: Inspectors Signature: Date: DEB WEINHOLD ... TOWN OF MERRIMAC, MA. .......dweinhold@townofinerrimac.com The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street . Boston, MA 02111 www mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Busin(fess/OrganizatiorAndividual): (_ hUlt j L'ef @.1 PL�r r ' C 00 7 t"iry i cep Address: City/State/Zip: Z L)e KA_ A4 0 30 Phone #: ? Are ou an employer? Check the appropriate box: 1. I am a employer with 1 4. ❑ I am a general contractor and I employees (full and/or part-time).* have hired the sub -contractors 2. ❑ I am a sole proprietor or partner- listed on the attached sheet. ship and'have no employees These sub -contractors have working for me in any capacity. workers' comp. insurance. [No workers' comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their 3. ❑ I am a homeowner doing all work right of exemption per MGL myself. [No workers' comp. c. 152, § 1(4), and we have no . insurance required.] t employees. [No workers' . comp. insurance required.] Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 10. ❑ Electrical repairs or additions I L ❑ Plumbing repairs or additions 12.❑ Roofrepairs 13. ❑ Other * ';ny applicant that checks box #1 must also fill out the section below showing their workers' compensation policy information. tomeowners who submit this affidavit indicating they aie doing all work and then hire outside contractors must submit anew affidavit indicating such. #Cbntractors that check this box must attached an additional sheet showing the name ofthe sub -contractors and their workers' comp. policy information. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name:. Policy # or Self -ins. Lic. #: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one=year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I d64hereby c%p c%'under the pains and penalties of perjury that the information provided above is true and correct. Signature: Date: -1-/ 79 - Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. PIumbing Inspector 6. Other - - Contact Person: Phone #: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,.partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed -to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced -acceptable evidence of compliance with the insurance coverage required." Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to, situation and, if necessary, supply sub -contractors) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple.permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or.citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bean leaves etc.) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, �17 please do not hesitate to give us a call. The Department's address, telephone and fax number: Tho Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations' 600 Washington Street Boston} MA 0.2111 Tel, # 617-727-4900 ext 406 or 1-877rMASS.ABE Revised 5-26-05 Fax # 617-727-7749 www,mass.govfdia ocaLloon No. U�~� Date Check #' Q6-�> 26901 'TOWN OF NORTH ANDOVER Certificate of Occupancy $_ Building/Frame Permit Fee $ Foundation Permit F6e $ Other Permit Fee '5t4' �. $ 3a TOTAL $ f Buil&Ag Inspector I c cn is U a) L O a- c O W cn c_ / E O a) o a z � Q _ w H w CL O z Z LL 0 s w z U 0 (n ca C O is M TI- N H � a N = F- CO) LO(D CL W AL V. 'moo h Q W 2 0 �NGO 01�t a) O O Q c O Lp .L O O v z Q-- O_ cu O O F- 0 -C - OC W E a)cn a) o co 0 cm c' E aa) J O cm O U LL r Q a) s cn N O a L N :E cn a) N N O C i C O J -r- C:) to C N •"= m O cu E U acn ca.—N qui p�� c O O 06 a) aa) w U a) zU t--jO 0 C J O 0-2) p ._ •- (� j O y - Q N 0) a) (D C U) o O a) 0a) 0 > O M L 6c C:) CL O O— O cc Cl An O Off. > 0 LwL /r W 2 0�/ w CL w a U) z U) w F - z D J J J J Q z w W I— z G s a 4 Q y Cd �J J s a 4 Q y Cd a b � O -tP4(5® ►"M ��4M. u 0 04 O 4 V5 ®� �.0 ��y 0 co 0 � -j oftw � 040 fa Qi Q� .0 'V3 go g �1�g 0 Q P4 A y Cd b � to P 4. c� . TO z WJ • tom« •� W O i�-7 S�.I •r-1' 0 Q P4 A W. Springfield, MA (413) 781-2897 Quincy, MA (617) 479-2619 Mattapoisett, MA (508) 758-6633 Rhode Island (888) 881-4598 Building Commissioner or Inspector of Buildings 1600 Osgood Street North Andover, MA 01845 Attention: Records COMPANY: POLICY NUMBER: CLAIM NUMBER: INSURED: LOSS LOCATION: DATE OF LOSS: DESCRIPTION: CLAIMANT: OUR FILE NUMBER Gentlemen: Pittsfield, MA (413) 442-6328 Kg Worcester, MA (508) 754-4100 Atli o` fe E Cape Cod & Islands (888) 881-4598 Hartford, CT (860) 525-9034 Board of Health Town of North Andover 120 Main Street North Andover, MA 01845 Attention: Records Underwriters at Lloyds London QMP 1124073 Osgood Properties LLC 1003 Osgood Street, North Andover, MA 03/12/2011 r Vandalism/Theft B 11-36283 JUN 14 2011 TOWN OF NORTH ANDOVER HEALTH DEPARTRAr-1,1T Claim has been made involving loss, damage, or destruction of the above captioned property which may either exceed $1,000, or cause Massachusetts General Law, Chapter 143, Section 6, to be applicable. If any notice under Massachusetts General Law, Chapter 139, Section 313, is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, company claim number, date of loss, and claim or file number. Au �qu .IY� ttaglmor P — 617-479-2619 F — 617-479-1740 paulb@georgebutleradjusters.com On this date, I caused copies of this notice to be sent to the persons named above at the address indicated Wrel ,by first class mail. ary June 6, 2011 P.O. Box 710120, Quincy, MA 02171 V '4NORTF/ .,_ O� _t�ac �.Atiw a • C: Gerry Brown, Inspector of Buildings Town of North Andover 1600 Osgood Street Bldg. 20, Suite 2-36 North Andover, MA 01845 Phone: 978-688-9545 Fax: 978-688-9542 December 15, 2010 John T. Smolak, Esq. Smolak & Vaughan LLP East Mill, 21 High Street, Suite 301 North Andover, Massachusetts 01845 Re: Property: 1003 Osgood Street Zoning Confirmation Letter Dear John: I have reviewed your December 13, 2010 letter with enclosed site plans dated June 17, 2010 (Revised December 8, 2010) concerning 1003 Osgood Street. I have also reviewed the Zoning Bylaw as it pertains to the proposed project. Accordingly, based upon our discussions and my review of the materials above, I have made the following zoning determinations. 1. The proposed uses of the project for office, retail and restaurant uses as described in our discussion and the revised Site Plans are uses permitted by right in the underlying Business 2 (B-2) zoning district subject to the issuance of a site plan review special permit (Section 8.3). 2. The property lies within the Watershed Protection District (Section 4.136 of the Zoning Bylaw), and the lot is shown on a plan recorded in 1966, before the date of the amendments to Section 4.136 on October 24,1994, so Section 4.136(s)(f) provides that the zones in effect after that date do not apply to the Property. 3. I have also determined that the following uses and activities are allowed, subject to the issuance of both site plan review, as well as a watershed protection district, special permits: 2, N a. The proposed Project uses, as described above, are permitted in a B-2 District and the Watershed Protection District, since the WPD zoning overlay district does not specifically prohibit those uses in the underlying B-2 zoning district b. I have reviewed the calculations shown on the Site Plans related to the existing barn and expansion of the structure located within the 100 -foot Non - Disturbance Zone. These improvements are permitted uses as an expansion of any existing structure by less than twenty-five (25) percent of the gross floor under section 4.136(3) (c), including section 4.136(3) (c) (ii) (6) of the Zoning Bylaw. c. The uses described above, as well as the proposed redeveloped and renovated building, parking, dumpster, and related improvements and activities shown on the Site Plans, are permitted within the Watershed Protection District by special permit issued by the Planning Board under Section 4.136 without the need for a variance from the Zoning Board of Appeals pursuant to 4.136(3)(c)(ii)(6) described above. 4. The existing barn is considered a preexisting lawful nonconforming structure as to building height, and the renovation of the barn in its current location is not a change, extension or enlargement of a preexisting lawful nonconforming use or structure under Section 9.2 of the Zoning Bylaw, as long as the height of the building does not increase. The expansion of the building (assuming no increase in height) would be permitted by site plan review special permit. This letter supersedes my June 23, 2010 letter issued for the formerly proposed project. Let me know if I can be of further assistance. GB/ cc: Zoning File Sincerely, Gerald Brown Building Commissioner Date J b ko i -L— TOWN OF NORTH ANDOVER PERMIT FOR WIRING l J,1 Llpq���-YljThiscertifies that.... ................. . has permission to perform .: �" ( ..P.,I,�,.'e .�........... . wiring in the building of . z -z ..erk-pe!1.C-Q............. at .....�. ............. No Andover, Mass. Fee'. ...�'. Lic. �....... �. . ff ELECTRICAL INSPECTOR Check # I� 11155 .y Commonwealth of Massachusetts Department of Fire Services BOARD OF FIRE PREVENTION REGULATIONS Official U/se/ Only Permit No. Occupancy and Fee Checked [Rev. 1/071 leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code (NEC), 5227 CMR 12.00 (PLEASE PRINT ININ,K OR TYPE ALL INFORMATION) Date: 119 — 1A —4,22— City or Town of. NORTH ANDOVER To the Inspector of Wires: By this application the undersigned gives notice of his r her ionto perform the electrical work described below. Location (Street & Number) Qa opeux Owner or Tenant ! e s Telephone No. Owner's Address 5 Is this permit in conjunction with a building permit? Yes ❑ No (Check Appropriate Box)„ 7.� Purpose of Building Utility Authorization No.L3 - Existing Service Amps / Volts New Service i®® Amps ovolts Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Overhead ❑ Undgrd ❑ Overhead Q---,"Undgrd ❑ No. of Meters No. of Meters Completion ofthe following table may be waived by the Inspector of Wires. Arracn aaamonul uLiuu Lf --ruu, vi uJ /cyw.r y .•.� +•• t --'-' ✓ " - Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability ' surance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such cViBOND ge is in force, and has exhibited proof of same to the permit issuing office. CECHECK ONE: INSURAN❑ OTHER ❑ (Specify:) I certify, under the plains an pentie�perju , thft the i orm tion on fiis application is true and complete. / QFIRM NAME:blot �"e r O� �%�vJ LIC. NO.: 2 11b �/ Licensee: �' Q l� Signature 5,52±/ LIC. NO.:JJ: (If applicable, a41er"exem " in the license na�mber line.) / ®� Bus. Tel. No.: %1$9Address: n rs% 2� % Z l�L ! l`Z f�%/7' �' D 7 Alt. Tel. No.: *Per M.G.L c.s. 57-61, security work requires Department of Public Safety "S" License. Lic. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent. Owner/Agent PERMIT FEE. $ Signature Telephone No. No. of Total No. of Recessed Luminaires No. of Ceil: Susp. (Paddle) Fans Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires Above In- Swimming Pool rnd. EJrnd. ❑ o. o mergency ig tmg BatteryUnits No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Detection and No. of Switches No. of Gas Burners Initiating Devices No. of Ranges Total No. of Air Cond. Tons No. of AlertingDevices No. of Waste Disposers Hear -lin Number Tons KW ...., No. c Self-contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Municipal FI Other Local ❑ Connection No. of Dryers Heating Appliances I Security Systems:* No. of Devices or Equivalent No. of WaterNo. Heaters KW of No. of Signs Ballasts Data Wiring: No. of Devices or E uivalent Telecommunications Wiring: No. Hydromassage Bathtubs No. of Motors Total HP No. of Devices or Equivalent OTHER: _ ..... . . . - .i .r �__._._ � _.. _,........ •;..,..7 i,,. tl,n Tv.nnantnr ni WIYG.C. Arracn aaamonul uLiuu Lf --ruu, vi uJ /cyw.r y .•.� +•• t --'-' ✓ " - Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability ' surance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such cViBOND ge is in force, and has exhibited proof of same to the permit issuing office. CECHECK ONE: INSURAN❑ OTHER ❑ (Specify:) I certify, under the plains an pentie�perju , thft the i orm tion on fiis application is true and complete. / QFIRM NAME:blot �"e r O� �%�vJ LIC. NO.: 2 11b �/ Licensee: �' Q l� Signature 5,52±/ LIC. NO.:JJ: (If applicable, a41er"exem " in the license na�mber line.) / ®� Bus. Tel. No.: %1$9Address: n rs% 2� % Z l�L ! l`Z f�%/7' �' D 7 Alt. Tel. No.: *Per M.G.L c.s. 57-61, security work requires Department of Public Safety "S" License. Lic. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent. Owner/Agent PERMIT FEE. $ Signature Telephone No. f � 7 — � •.+:+Ji-JY:JuJAJ.►-4�1�Jt��'�t/�it��7�''%�i j�•��yy®�'(��Y'p�j j'(+�'t ��h l.��Ll��.+.i .7�D.+x.L ®J�"S.e ._ � • _ J'Je_, rc„U.L.�G9.V.f�1.�.YFSJ._...�LJ�I.®�"' .. ._ • .. � • 'assec�•�j � �+'aziet�--j � ate-inspee�.o�xet�uixet�(�sO.OQ)�j � aspeetoXs' comme�.tsr (�nspectoxs�ignatuxe�+�ofaa7s) Pate •� !'WSJ.')9GnOX---J9RW IQF,: sseri-- j ) ;�ectoxs' eo�mzb.ep��s; 3'aiieci-- 'rJr11S�3eCi.�OJ[1 xequ3xe� (�'� (Ctspectoxs,olggtuze- 0$nItials) )late r 417.[3-'t�..R��,l,'q •-�Jlftl�J.b: • � 'e�~j � �`ailer�-,j �-'�e�nspeciioxtrec�izized($5Q.06)•-j � - . i .: ��s� ectox�' �zgnature � xto xnit�aTs) . � � Plate . The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): ?'l�a /"G ` �/CC_cL Address: Ro i 901-Z l D 2 City/State/Zip: �, 6A �%� OvO 22 Phone #: q'7� J an employer? Check tl a appropriate box: A�rl 1.m a employer with 4. ❑ I am a general contractor and I employees (full and/or part-time).* have hired the sub -contractors 2. ❑ 1 am a sole proprietor or partner- listed on the attached sheet. t *' ship and have no employees These sub -contractors have working for me in any capacity. workers' comp. insurance. [No workers' comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their 3. ❑ 1 am a homeowner doing all work right of exemption per MGL myself. [No workers' comp. c. 152, § 1(4), and we have no insurance required.] t employees. [No workers' comp. insurance required.] Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 10.❑ Electrical repairs or additions 11.❑ Plumbing repairs or additions 12.❑ Roof repairs 13.❑ Other "Any applicant that checks box #1 must also fill out the section below showing their workers' compensation policy information. I Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. ;Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy4# or Self -ins. Lic. #: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby cer ' nder the pains andpenalties of perjury that the information provided/above is true and correct. Sianature: �/ Date: _ l:_ —16 — ` Phone #: ??9_q71-11 Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required" Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." ; Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)" A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. # 617-727-4900 ext 406 or 1.877-MASSAFE Fax # 617-727-7749 Revised 5-26-05 L;.. Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required" Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." ; Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)" A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. # 617-727-4900 ext 406 or 1.877-MASSAFE Fax # 617-727-7749 Revised 5-26-05 Date..... ...!....... ..... �.../............. TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION This certifies that ..........P ................ fl �' `�' .......................................................... has permission for gas 'nstallation c.............rN P'C Pte.........:............ in the buildings of .......................................... at ............. .�.�............ 5. ? ... ....'........:.... No An er, Mass. Fee.`� �. . .........Lic. No.. 5v ...... . ..... .................. GAS SPECTOR Check # �� •` MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM GAS WORK 4 ///FITTING CITY MA DATE PERMIT # JOBSITE ADDRESS/OU 3 OS,� S OWNER'S NAME c t1'O GOWNER ADDRESS TE FAX TYPE OR PRINT OCCUPANCY TYPE COMMERCIAL EDUCATIONAL ® RESIDENTIAL CLEARLY NEW: ® RENOVATION: ® REPLACEMENT: ® PLANS SUBMITTED: YES M NOQ APPLIANCES 7 FLOORS— BSM 1 2 3 4 5 6 7 6 9 10 11 12 13 14 BOILER i BOOSTER CONVERSION BURNER COOK STOVE DIRECT VENT HEATER DRYER FIREPLACE FRYOLATOR FURNACE GENERATOR GRILLE INFRARED HEATER LABORATORY COCKS MAKEUP AIR UNIT OVEN POOL HEATER ROOM / SPACE HEATER ROOF TOP UNIT TEST UNIT HEATER UNVENTED ROOM HEATER WATER HEATER 1117 OTHER 1-- INSURANCE COVERAGE have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL. Ch. 142 YES NO I IF YOU CHECKED YES, PLEASE INDICATE THE TYPE OF COVERA E BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLICY [ OTHER TYPE INDEMNITY ® BOND OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws, and that my signature on this permit application waives this requirement. CHECK ONE ONLY: OWNER 0 AGENT ® I SIGNATURE OF OWNER OR AGENT hereby certify that all of the details and information I have submitted or entered regarding this application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliairle wit all Pertinent provision of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. PLUMBER- ASFITTER NAJ�FCt ,�, _ u•� LICENSE # ,� SIGNA E MP 7MGF ❑ JP GF El LPGI 0 CORPORATION ^}# PARTNERSHIP [3#E= LLC # COMPANY NAME:ADDRESS CITY STATE ZIP !TEL T� FAX CELLEMAIL 42a�� 11`—, O wo El OF w a - w o CO) t4 w LL. Z \44 The Commonwealth of Massachusetts - Department oflndustrialAccidents Office of Investigations IV 600 Washington Streei Boston, MA 02111 www.mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Tndividual): Address: City/State/Zip: Phone Are you an employer? Check the appropriate box: Type of project (required): 1. ❑ I am a employer with 4. ❑ I am a general contractor and I 6. [] New construction employees (full and/or part-time).* 2. (l I am a sole proprietor or partner- have }fired the sub -contractors listed on the attached sheet. x 7• []Remodeling ship and'have no employees These sub -contractors have 8. ❑ Demolition working for mein any capacity. workers' comp. insurance. 9• ❑ Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its 10.] Electrical repairs or additions required.] 3. ❑ I am a homeowner doing all work officers have exercised their right of exemption per MGL 11.❑ Plumbing repairs or additions myself. [No workers' comp. c. 152, §1(4), and we have no 12.❑ Roofrepairs insurance required.] i employees. [No workers'• 13.0 Other comp. insurance required.] !.Any applicant that checks box#1 must also fill out the section below showing their workers' compensation policy information. I Homeowners who submit this affidavit indicating they kie doing all work and then hire outside contractors must submit anew affidavit indicating such. TContractors that check this box must attached an additional sheet showingthe name of the sub -contractors and their workers' comp. policy information. -ram an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name-. Policy # or Self -ins. Lie. M ExpirationDate: Job Site Address: City/State0o: Attach a. copy of the workers' compensation -policy declaration page (showing the policy number and expiration date). Failure to secure coverage as requiredunder Section 25A of MGL o. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA. for insurance coverage verification. I do hereby cert under the pains andpenalties ofperjury that the information provided above is true and correct, Official use only. Do not write in this area, to be completed by city or town official City or Town: Permit/License # Issuing Authority (circle one): I. Board of Health 2. Building Department 3. CitylTown Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other - - - Contact Person: Phone Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract ofhire, • express or implied, oral or. written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced -acceptable evidence of compliance with the insurance coverage required" Additionally, MGL chapter 152; §25C(7) states "Neither the commonwealth nor any ofits political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the cgntracting authority." Applicants 4, Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub -contractors) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LL C or LLP does have employees, a policy is required. Be advised that this affidavit maybe submitted to the Department of Industrial Accidents for confirmation of insurance coverage, AIso be sure to sign and date the affidavit. The affidavit should be, returned to the city or town that the application far the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensationpolicy, please tail the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials -Please be sure that -the affidavit -is -complete -andprintehegibly: Thd D epartineiit lias provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permithicense number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessaty) and under "Job Site Address" the applicant should write "all locations in (city or town)" A copy of the affidavit that has been officially stamped or marked by the city or town may be, provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. Anew affidavit must be filled out each year. Where a homeowner or citizen is obtaining a license or -permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: Tho Commonwealth off-assaohusetts Departaaextt ofladustd l .Aocldents Office offiRvestagation 600 WasbiWm Stma Boston} MA, 021 Z X Tel, # 61.7-727-.4900 oA 406 or 1-877 MASS.Ak`B Revised 5-26-05 Fax 617"727-774.9 7 r SEiY a' ()wv0 f ALTK. OF 1MASSACCyi,U� )f this card agrees to comply with all laws and rules (] - - BOAgO OF METAL WORKERS `} this license. The holder of this card is entitled to the is set forth by the NH Department of Safety as prescribeo shall be SHEET ISSUES THE FOLLOWING L I CENSE , W I CTED inistrative Rules Saf C 8000. This license of any local official or jA$TER UNRESTR A$ : A ` I I times and displayed upon request J. William Degnan NH State Fire Marshal JOSEPH P BOROW�' '� ut - ENDORSEMENT CODES Piping Installer STP - Service Technician -Propane Service Technician - Natural w I s STREET I' 49 H I GHLANb 4 �- Installer - Propane STN - Installer - Natural HST- Hearth System Technician � NH 03858 - 3604 I WE N02/28/15 2650 6 S _ SETTS OF MASSACHU the. NH State Fire Marshal's COC Z ONWEALTH •1 • •-�"� - -FITTERS remain the -property of in AN D GAS PLUMBER s the bearer to all the rights and priveleges i RSA 3.19-C and shalt be surrendered io any PLUMBERS ASTER LjCENSED AS A M y, THE ABOVE LICENSE TO: \ ; al upon request. ISSUES C9 JOSEPH P BOROWY !YJ pa BOX384 MA 01844-0384\-) I' MET 176370 13542 05/01/14 ,� _-� � Sf LU .U� ` �fv�• ,... . PLUMBE SSq JOURNEYMAN PLUMBER A W (n m LICENSED DVEUCENSETO: iES THEA: U s V) y� F _ JOSI=PH P BOROWY c � - PO BpX 384 MA 01844-0384 4 ''R A f►ETNUEN 176369 05/01/14 } 26213 i Date.......... 41— "/ TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that .......S.40_ . .............. '7 - has permission to perform .......... ............. n .... wiring in the building of .... 4��---5.7 4�c ...................... at .......... ..................... . North Andover, Mass. 2 Fee .....5-.:.......: ........ Lic. No... ?.7P..A ............... R 95- ELECTRICAL INSPECTOR Check # 7298 Commonwealth of Massachusetts Department of Fire Services BOARD OF FIRE PREVENTION REGULATIONS Official Use Only Permit No. % Z 9 Occupancy and Fee Checked [Rev. 1/071 (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code (MEC), 527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: -4— (P- o City or Town of. NORTH ANDOVER To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location (Street & Number) 10,0 3 6,:S' N` !�-vu v (- ` Owner or Tenant ( OU 3 Ct g:22 00d S� 1.. L C Telephone No. q7 ( 7-2 2k? Owner's Address I (o o r' ems a A, f S�`' _ _ Al, 14 h,kj u-,-\ Is this permit in conjunction with a building permit? Yes ❑ No I] (Check Appropriate Box) Purpose of Building Utility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters New Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: n SS n w t7`'e e o1' %moi (3d r h. ComnlPtinn nfthe fnllnwina tnhlo —, he , .od h., the 1—.,..t.,. -L1R.- No. of Recessed Luminaires : No. of CeilSusp. (Paddle) Fans V N o. o � V v notal Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires Swimming Pool Above ❑n- ❑ rnd. grnd. o. of Emergency Lighting Battery Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners N—o.-off Detection an Initiating Devices No. of Ranges Total No. of Air Cond. Tons No. of Alerting Devices No. of Waste Disposers eat Pump Totals: umber Tons o. o e - ontaine Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Local ❑ unic,pa ❑ Other Connection No. of Dryers Heating Appliances KW SecuritySystems:* No. of Devices or Equivalent No. o Heaters KW ater o. o o. o Signs Ballasts Data Wiring: No. of Devices or E uivalent No. Hydromassage Bathtubs No. of Motors Total HP elecommun,cations firing: No. of Devices or Equivalent OTHER: ,attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify:) I cert, under the pains and penalties of perjury, that lite information on this application is true and complete. FIRM NAME: 7 C- c -e c, IS - e C- JC rL , _ LIC. NO.:ig ?q7 1 Licensee: --ro SPA It G L -e- , C C Signature LIC. NO.: (If applicable, enter "exempt" in the license number line.) Bus. Tel. No. e17jL�7a7�3 Address: t G �/ I LPOS� w¢ �_ Alt. Tel. No.:47t: Rt6 61�-7 5' *Per M.G.L c. 147, s. 57-61, security work requires Department of Public Safety "S" License: Lic. No. I OWNER'S INSURANCE WAIVER: 1 am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent. Owner/Agent Signature Telephone No. PERMIT FEE. $ lw Q JC q-1 0— 07 Petj DFm,l O O w O O d ►-3 Town of North Andover ' Office of the Planning, Department Community Development and Services Division 1600 Osgood Street North Andover, Massachusetts 01845 Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. NOTICE OF DECISION 2011 H.j1 ~2 p1j 4: 10 Til Akr, f �`ih,S�fi�F;tt�� Date: March 1, 2011 Date of Hearings:. July 20, 2010, Oct. 5, 2010, Nov. 16, 2010, February. 15, 2011, March 1, 2011 Date of Decision: March 1, 2011 Petition,of: Osgood Properties LLC, John Grasso, Manager 865 Turnpike Street, North Andover, MA 01845 Premises Affected: 1003 Osgood Street, North Andover, MA 01845, within the Business Two (B-2) Zoning District, Assessors Map 35, Lot 50. Referring to the above petition for a Watershed Special Pemiit from the requirements of the North Andover Zoning Bylaw, Section 4.136. So as to allow: to allow the construction of 19,300 sq. ft. retail/office/restaurant complex, including the renovation of an existing barn, with 70 total parking spaces, drainage system network, extensive grading and landscape work within the Business Two (B-2) Zoning District and the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District, based upon the following conditions: Manning Board r7 Volo► Simons, Chairman Richard Rowen Timothy Seibert Courtney LaVolpicelo Michael Colantoni 1003 Osgood Street, Map 35 Lot 50 Watershed Special Permit The Planning Board herein approves the Watershed Special Permit for the construction of 19,300 sq. ft. retail/office/restaurant complex, including the renovation of an existing barn, with 70 total parking spaces, drainage system network, extensive grading and,landscape work. The site is accessed by a Common Driveway shared with the Great Pond Crossing complex at 1025 Osgood St., which runs along the eastern property line. The building is located on 1003 Osgood Street, Map 35, Lot 50 in the Business Two (B --2) Zoning District. This Special Permit was requested by Osgood Properties LLC, John Grasso, Manager, located at 865 Turnpike Street, North Andover, MA 01845. The application was filed with the Planning Board on June 18, 2010 :The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 230.1, 4.136, 8.1, 8.3, 8.4, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C,40A, Sec. 9 In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1. As a result of discussions with the Planning Board, Planning Staff and outside consultants the applicant has significantly altered the design of the complex from that which was originally presented. The resulting proposal limits site disturbance, provides maximum distance from Lake Cochichewick and provides for the least amount of impact on an environmentally sensitive area, and as provided under section 3.136 (4)(e), the Planning Board has determined that there will not be any significant degradation of the quality and quantity of water in or entering Lake Cochichewick. 2. The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Management Engineering and Practices, and the most recent version of the MA DEP Stormwater Handbook, and has been reviewed by the outside consulting engineer, Lisa Eggleston. The applicant altered the original drainage design to provide for maximum stormwater infiltration and has provided adequate safeguards to mitigate pollutants from entering the Lake and the surrounding area. See letters from L. Eggleston dated August 5, 2010, October 5, 2010, January 6, 2011, February 1, 2011 and February 9, 2011. 3. The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover; 4. There will be no nuisance or serious hazard to vehicles or pedestrians. The shared access way results in a better overall and cohesive plan that reduces impervious surface, improves internal/external circulation of vehicles and pedestrians, emergency access, eliminates one curb cut on Osgood Street, and provides for a more aesthetically pleasing and cohesive streetscape for both projects at 1025 Osgood Street and 1003 Osgood Street. 2 1.003 Osgood Street, Map 35 Lot 50 Watershed Special Permit 5. The reduction in parking will provide for an efficient use of parking spaces, decreases the need for impervious surfaces and provides for a more environmentally sensitive project design. 6. An Emergency Response Plan that describes steps to be taken by the management of the project in cooperation with the town of North ,Andover in the case -of an environmental emergency has been incorporated as part of this decision. 7. The existing structure is connected to the Town sewer and'water systems. 8. A deed restriction will be placed Iimiting the types of fertilizers that can be used on the site. 9. The topography of the site will not be altered substantially. 10. The limit of clearing is restricted to the minimum necessary to construct the proposed addition. Grading and the construction of the parking area are located outside the 50 -foot Conservation No -Build Zone. 11. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will provide Town water, sewer, and utilities on the property to adequately address the needs of the project and has been reviewed by the Division of Public Works and the outside, consulting engineer, Vanasse Hangen Brustlin, Inc.; 12. The existing lot conforms to the minimum lot area requirements for a lot within the Business Two (B-2) Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 13. As conditioned, the site is an appropriate location for the project use and proposed structures. 14. The Planning Board also makes a specific finding that the use is in harmony with.the general purpose and intent of the North Andover Zoning Bylaw. 15. The siding, materials used, and architectural style for the retail office building shall conform to the elevations submitted by the applicant ,Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: Permit Definitions: i) The "Locus" refers to the' 138,729 sq. ft. parcel of land with land fronting on Osgood Street as shown on Assessors Map 35, lot 50, and also known as 1003 Osgood Street, North Andover, Massachusetts. ii) The "Plans" refer to the plans prepared by MHF Design Consultants dated June 17, 2010, revised September 22, 2010, December 8, 2010, January 17, 2011, February 3, 3 1003 Osgood Street, Map 35 Lot 50 Watershed Special Permit 2011, and February 18, 2011 entitled "Proposed Site Development Plans for Map 35 Lot 50,1003 Osgood Street, North Andover, Massachusetts 01845" and consisting of sheets 1 through 13. iii) The "Project" or "1003 Osgood Street" refers to the development of 19,300 square feet of retail/office/restaurant space, 70'parkin.g spaces and associated grading and extensive landscaping work. The project includes the approval.of a common driveway for 1003 Osgood Street, Map, 35, Lot 50 and 1025 Osgood Street, Map'35, Lot 20 and depicted on Sheet 3 of the Plans. The driveway provides a shared access road to both properties. iv) The "Applicant" refers to Osgood Properties LLC, the applicant for the Special Permits. v) 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. 1. 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 to the Special Permit by the Planning Board. This Watershed- Special Permit may only be used in conjunction with the Special Permit for Common Driveway, Site Plan Review and Parking for these same premises approved March 1, 2011. 2. Prior to issuance of a building permit: a) A performance guarantee bond of three thousand dollars ($5,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built,plans will be submitted. b) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. c) One certified copy of the recorded decision must be submitted to the Planning Department. d) All erosion control measures as shown on the plan must be in place .and reviewed by they Town Planner and Conservation Department. Weekly inspections of all erosion control measures will be completed by the designated 'independent Environmental Monitor and incorporated into the weekly reports as part of Special Condition (1) of the approved March 1, 2011 Site Plan Review Special Permit. e) No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces in the buffer zone, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. In addition, permanent signs designating "No - 4 1,003 Osgood Street, Map 35 Lot 50 Watershed Special Permit Salt Zone" and "Snow Stockpiling Zones" shall be displayed in prominent locations along the Non -Disturbance Zone as approved by the Conservation Department and shown on the herein referenced plans. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 3) Prior to release of the Performance Bond: a) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as -built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. c) The approved Emergency Response Plan required under Special Conditions 7 of the March 1, 2011 Site Plan Special Permit shall be submitted to the Planning Department. 4) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plans referenced in Special Condition #12. 5) The applicant must comply with the conditions set forth in the Site. Plan Review Special Permit approved, on March 1, 2011 and the Conservation Commission Order of Conditions related to this project. 6) No open burning shall be done except as is pemutted during burning season under the Fire Department regulations. 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 8) 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. 9) Should the Project Owner transfer ownership of the project and/or property prior to completion and submission of the final as-builts, the buyer shall meet with the Planning Board to provide an update on the status of the project. 10) This Special Permit approval shall be deemed to have lapsed March 1, 2013 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 5 003 Osgood Street, Map 35 Lot 50 Watershed Special Permit 11) The applicant is hereby notified that "should the applicant disagree with this decision, the applicant has the right under MGL Chapter 40A Section 17, to appeal this decision within twenty days after the date this decision has been filed with the Town Cleric. 12) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: 1) Plan titled: Proposed Site Development Plans for Map 35 Lot 50 1003 Osgood Street, North Andover, Massachusetts 01845. Prepared for: Osgood Properties LLC 865 Turnpike Street North Andover, MA 01845 Prepared by. MIF Design Consultants, Inc. 44 Stiles Road, Suite One Salem, NH 03079 Scale: 1"=20' Date: June .17.2010, Revised Sept. 22, 2010, Dec 8, 2010, Jan. 17, 2011, Feb. 3, 2011, Feb. 18, 2011 Sheets: 1-13 and Exhibit A, dated February 8, 2011 2) Report: Storm Water Management Report Prepared for: Osgood Properties LLC Prepared by: MIF Design Consultants; Inc. 44 Stiles Road, Suite One Salem, NH 03079 Date: June 17.2010, Revised Sept. 22, 2010, Oct. 08, 2010, Jan. 17, 2011 3) Report: Operations & Maintenance Plan and Long Term Pollution Prevention Plan Date: June 17, 2010. Revised September 22, 2010, December 8, 2010, January 17, 2011 and February 18, 2011 Prepared by: MHF Design Consultants, Inc. 44 Stiles Road, Suite One Salem, NH 03079 4) Report: Trip Generation Study Date: June 16, 2010 5) Elevations: Osgood Properties LLC 1003 Osgood Street— Concept Elevations Prepared by: Aninno, Inc. Date: January 14, 201 l cc: Director of Public Works Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File :IN 4 r. i'1-C,Y'1�,l j� r. Town of North Andover 29,11 V1AR -2 N it Office of the Planning Department - '•[1`;'' 1'r Community Development and Services Divisionj,,,jR j },j. Oji] ; 1.600 Osgood Street F.ASSIV'i North Andover, Massachusetts 01845 Any appeal shall be filed within (20) -days after the date of filing this notice in the office of the Town Clerk. NOTICE OF DECISION Date: March 1, 20011 Date of Hearing: July 20, 2010, Oct. 5, 2010, Nov. 16, 2010, February. 15, 2011, March 1, 2011 Date of Decision: March 1, 2011 Petition of: Osgood. Properties LLC, John, Grasso, Manager 865 Turnpike Street, North Andover, MA 01845 Premises Affected: 1003 Osgood Street,. North Andover, MA 01845, within the Business Two (B-2) Zoning District, Assessors Map 35, Lot 50. Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 2.30.1, 8.1, 8.3, 8.4,10.3, and 10.31 and MGL C.40A, Sec. 9 So as to allow: to allow the construction of 19,300 sq. ft. retail/office/restaurant complex, including the renovation. of an existing barn, with 70 total parking spaces, drainage system network, extensive grading and landscape work within the Business Two (B-2) Zoning District. After a public hearing given on the above date, the Planning Board voted to APPROVE a Site Plan Special Permit, a Common Driveway Special Permit and an Off -Street Parking Special Permit based upon the following conditions: ' orth Andover PlAning Board 4ohn Simons, Chairman - Richard Rowen Timothy Seibert Courtney LaVolpicelo Michael Colantoni 1003 Osgood Street, Map 35 Lot 50 Site Plan Review, Common Driveway and Parking Special Permits The Planning -Board herein approves the Site Plan Special Permit, Parking Special Permit and Common Driveway Special Permit for the construction of 19,300 sq. ft. retail/office/restaurant complex, including the renovation of an existing barn, with 70 total parking spaces, drainage system network, extensive grading and landscape work. The site is accessed by a Common Driveway shared''with the Great Pond Crossing complex at 1025 Osgood St., which runs `along the eastern property line. The building is located on 1003 Osgood Street, Map 35, Lot 50- in the Business Two (B-2) Zoning District. This Special Permit was requested by Osgood Properties LLC, John Grasso, Manager, located at 865 Turnpike Street, North Andover, MA 01845. The application was filed with the Planning. Board on June 18, 2010. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 2.30.1, 8.1, 8.3, 8.4, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, See, 9 The Planning Board makes the following fundings as required by the North Andover Zoning Bylaws Section 2.30.1; 8. 1, 8.3, 8.4, and 10.31: FINDINGS OF FACT: 1) As a result of discussions with the Planning Board, Planning Staff and outside consultants. the applicant has significantly altered the design of the complex from that which was originally presented. The resulting proposal limits site disturbance,, provides maximum distance from Lake Cochichewick and provides for the least mount of impact on an environmentally sensitive area. 2) The proposal also includes the preservation of an historic barn, leaving the barn in its current position. The final design of the complex provides for an integration of the barn with the new addition and also provides design integration with the surrounding commercial properties, in particular the Great Pond Crossing complex located at 1025 Osgood St. 3) The application was reviewed by the Town's civil engineering consultants, VHB, who reviewed the project for conformance with the Town's Zoning Bylaw and also reviewed the Trip Generation Study submitted by the applicant and written by Dermott Kelly, dated June 16,2010. The final project reflects changes to the traffic pattern within the site, a relocation of parking spaces away from the environmentally sensitive areas and the use of a common driveway that will be shared with the development at 1025 Osgood St. See VHB letters dated July 26, 2010, November 5, 2010 and February 11, 2011. 4) The site drainage system and storm water management design are designed .in accordance with the Town Bylaw requirements and Best Management Engineering and Practices, and the most recent version of the MA DEP Stormwater Handbook, and has been reviewed by the outside consulting engineer, Lisa Eggleston. The applicant altered the original drainage design to provide for maximum stormwater infiltration and has provided adequate safeguards to mitigate pollutants from entering the Lake and the surrounding area. See letters from L. Eggleston dated August 5, 2010, October 5, 2010, January 6, 2011, February 1, 2011 and February 9, 2011. 2 1003'Osgood Street, Map 35 Lot 50 Site Plan Review, Corm -non Driveway and Parking Special Permits 5) An Emergency Response Plan that describes steps to be taken by the management of the project in cooperation with the town of North Andover in the case of an environmental. emergency has been incorporated as part of this decision. 6) The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover, and as provided under section 4.136 (4)(e), the Planning Board has determined that there will not be any significant degradation of the quality and quantity of water in or entering Lake Cochichewick. 7) The shared access way results in a better overall and cohesive plan that improves internal/external circulation of vehicles and pedestrians, emergency access, eliminates one curb cut on 'Osgood Street, and provides for a more aesthetically pleasing and cohesive streetscape for both projects at 1025 Osgood Street and 1003 Osgood Street. 8) The reduction in parking will provide for an efficient use of parking spaces, decreases the need for impervious surfaces and provides for a more environmentally sensitive project design. 9) The use as proposed will not adversely affect the neighborhood, as the proposal is designed to complement the adjacent development at 1025 Osgood St., Great Pond Crossing. 10) There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that (1) the proposed access and egress point from Great Pond Road will not significantly increase traffic flow or volumes and (2) the parking design provides for adequate traffic flow, safety, and sufficient pedestrian connections throughout the project. 11) The project meets the requirements of Section 2.30.1, 8.1, 8.3 and 8.4, of the North Andover Zoning Bylaw, with the exception of the following waivers: A) Section 8.3.5.e.xxii: Fiscal Impact Statement. In lieu of the Fiscal Impact Statement, the applicant has provided information that addresses the fiscal impact of the proposed commercial development and the Planning Board has found that the development provides potential benefits to the community. B) Section 8.3.5.e.xxiii: Community Impact Statement. In lieu of the Community Impact Statement, the applicant has provided information that addresses the impact of the proposed conimerciai development on the community and the Planning Board has found that the development is in harmony with the surrounding commercial area. _ C) Section 8.3.5.e.xix:. Traffic Impact Analysis. In lieu of the Traffic Impact Statement, the applicant has provided a traffic report prepared by Dermott Kelly, dated June 24, 2010. The report contains information on site -generated traffic volume, which addresses the 3 1003 Osgood Street, Map 35 Lot 50 Site Plan Review, Corrnnon Driveway and Parking Special Permits requirement for site specific traffic impacts. D) Section 8.4.2 Screening and Landscaping Requirements for Off -Street Commercial and Industrial Districts. The applicant is proposing a landscaped area in the front of the property that does not run the entire length of the front setback area, because of the need to preserve sight -lines along Route 125. The Board grants a waiver under Section 8.1.8, due to the sensitive environmental area and the need to reduce the overall footprint of the site. E) Reduction in parking section and modification of design standards 8.1.8: The applicant is proposing 70 parking spaces, a reduction of 35% from the number of required spaces, along with modifications to the aisle width. The Board finds that this reduction is appropriate for this development, based on the following: a) There is an opportunity to share parking spaces with the adjacent development at 1025 Osgood St. b) The applicant has made an effort to minimize site disturbance in an area close to Lake Cochicewick, and has reduced the footprint of the entire site, including reducing the number of parking spaces. c) The uses that are being proposed (office and restaurant) provide for a sharing of . parking spaces based on hours of operation. d) The parking and aisle layout provides for adequate circulation for emergency and other vehicles within and around the site. 12) The Conservation Commission closed the Public Hearing for the project on February 9,; 2011 and has issued an Order of Conditions. 13) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will provide Town water, sewer, and utilities on the property to adequately address the needs of the project and has been reviewed by the Division of Public Worlcs and the outside consulting engineers, Vanasse Hangen Brustlin, Inc and Lisa_ Eggleston. 14) The Common Driveway provides safe and convenient access to the site and is subject, to a recorded maintenance agreement as required under section 2.30.1 of the Bylaws. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Sections 2.30.1, 8.1, 8.3 and 8.4, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: Permit Definitions: i) The "Locus" refers to the 138,729 sq. ft. parcel of land with land fronting on Osgood Street as shown on Assessors Map 35, lot 50, and also known as 1003 Osgood Street, North Andover, Massachusetts. 4. 1003 Osgood Street, Map 35 Lot 50 Site Plan Review, Common Driveway and Parking Special Permits ii) The "Plans" refer to the plans prepared by MHF Design Consultants dated June 17, 2010, revised September 22, 2010, December 8,2010, January 17, 2011, February 3, 2011, and February 18, 2011 entitled "Proposed Site Development Plans for Map 35 Lot S0, 1003 Osgood Street, North Andover, Massachusetts 01845" and consisting(of sheets I through 13. iii) The "Project" or "1'003 Osgood Street" refers to the development of 19,300 square feet of retail/office/restaurant space, 70 parking spaces and associated grading and extensive landscaping work. The project includes the creation of a common driveway for 1003 Osgood Street, Map 35, Lot 50 and 1025 Osgood Street, Map 35, Lot 20 and depicted on Sheet 3 of the Plans. The driveway will provide a shared access road to both properties. iv) The "Applicant" refers to Osgood Properties LLC, the applicant for the Special Permits. v) 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. 1) Prior to the eiidorsement of the plans by the Planning Board, the applicant must comply with the following -conditions: A) The developer shalldesignate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. This monitor shall be the same environmental professional required by the Conservation Commission, per their Order of Condition, March 1, 2011. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file weekly reports, as specified in the Order of Conditions and the Planning Board's Special Permit decision, to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any and actions taken to resolve these issues. The designated monitor may not be,applicant and/or developer. B) All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan and Long Term Pollution Prevention Plan and Erosion and Sediment Control Plan for Stormwater Management Systems submitted to . the Conservation. Commission and to the Planning Board and incorporated in the Conservation Commission's Order of Conditions and the Planning Board's Special Permit. The approved Operation and Maintenance Plan and Long Term Pollution Prevention Plan for Stormwater Management Systems is fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity C) The applicant shall .designate an independent construction monitor who, shall -be chosen in 5 1003 Osgood Street, Map 35 Lot 50 Site Plan Review, Common Driveway and Parking Special Permits consultation with the Planning Department. The construction monitor must be available upon four (4) hours notice to inspect the -site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to, the Planning Board throughout the duration of the project, The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. D) The conditions of the Common Driveway Easement, dated October 10, 2006 and recorded at the Northern Essex Registry of Deeds, Book 10431, Page 325, shall .be incorporated into and be made a part of this decision. E) The Architectural Design Elevations from Annino Inc., 'dated January 14, 2011, as presented by the applicant at the. -Planning Board meeting on February 15, 2011, shall be incorporated as part of this decision. Substantial changes to the design shall be reviewed by the Planning Board. F) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety (90) days. Failing submission of required final plans within 90 days will render this -Special Permit null and void. The applicant may request an extension of this condition. G) If applicable, the applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for construction of the site to the Planning Department. H) Confirmatory soil testing will be conducted at the proposed infiltration system #2, as noted on the Plans. The results of this soil testing will be provided to both the Planning and Conservation Staff. 2) Prior to the start of construction: A) A construction schedule shall be submitted to the Planning Staff for .the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other offsite construction. Off- site ffsite 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. 1003 Osgood Street, Map 35 Lot 50 Site Plan Review, Common Driveway and Parking Special Permits D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any 1cutting and or clearing on site. I E) A pre -construction meeting must be held with the developer, their construction. employees, Planning Department, and Conservation Department to discuss scheduling of inspections and inspections to be conducted on the project. F) The applicant shall provide the Planning Board with copies of permits, plans and decisions received from the Conservation Commission. Should the Town Planner find that plans approved by the Conservation Commission substantially differ from the approved plans of the Planning Board; the Planning Board reserves the right to require the developer to present the changes through a public hearing to the Planning Board for a Modification to Site Plan approval G) The applicant shall provide copies of required approvals from both the Federal Aviation 'Administration (FAA) and the Aeronautics Division of MassDOT. H) A site openinglerosion control bond shall be in the totalamount of fifteen thousand dollars ($15,000) for the purpose of covering any contingencies that might affect the public welfare such as site opening, clearing, erosion control and performance of any other condition contained herein. The Guarantee shall be in the form of a bond acceptable to the Town and made payable to the Town of North Andover escrow account. Upon fulfilling the requirements under said bond, the said bond amount will be rolled over to Condition 7(1). 17 A bond in the amount of fifteen thousand dollars ($15,000) must be posted for the purpose of insuring that a final as -built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces, topography, and drainage facilities are submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond should be in the form acceptable to the Town and made payable to the Town of North Andover escrow account. 3) A bond in the amount of ten thousand dollars ($10,000.00) shall be posted for the purpose of covering any contingencies or emergency situations that may degrade or. impact the quality of the Town's drinking water supply, Lake CochicheWick. The Guarantee shall be in the forni of a bond acceptable to the Town made payable to the Town of North Andover escrow account and will be held in perpetuity. Should the property be sold or transferred, the Planning Department will require that a bond be posted by the new owner and to be held in perpetuity. Said bond will only be utilized for the purposes stated above. 3) Prior to the issuance of a Building Permit: A) Three (3) copies of the signed, recorded plans must be delivered to the. Planning Department. 1.003 Osgood Street, Map 35 Lot 50 Site Plan Review, Common Driveway and Parking Special Permits B) One certified copy of the recorded decision must be submitted to the Planning Department. C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic, calculations for each commercial system must also be supplied to the Building Department. D) To ensure the continued protection of the health and welfare of the residents of North Andover and lessen the probability and possibility of contamination and incident to the Town's primary source of drinking, the applicant shall be required to submit to the Planning Department a comprehensive Emergency Response Plan and Maintenance Procedures. The Planning Board shall review�and approve said plan. The final plans must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. Failing submission of requited Emergency Response Plan within 90 days will render this Special Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be distributed to the Town's Fire Department, Police Department, Planning Department, and the project site where the document(s) will be kept on file and easily accessible in case of an emergency. 4) During construction: A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt, wood, construction material, etc.) and must be shown on a plan and reviewed and approved -by the Town Planner. The developer will make every effort to locate stockpiles on the site away from the Lake Cochichewick. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts to _Lake Cochichewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded. C) 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. D) The Town Planner will perform bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 5) Prior to the issuance of a Certificate of Occupancy: 1003 Osgood Street, Map 35 Lot 50 Site Plan Review, Common Driveway and Parking Special Permits A) The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the applicant and/or property owner may provide a bond, determined by the Planning Board, to cover the frill amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to anticipated occupancy. B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security fox the site and structures however it must not create any glare or project any light onto adjacent residential properties. - C) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the. Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. D) Emergency Response Plan to be filed and posted in obvious place such as Fire Department, Police Department and Planning Department. E) The applicant must submit proof of contract to the Conservation and the Planning Department in the form of a written and signed document from the assignee(s) responsible for conducting the perpetual site maintenance in accordance with the Operation and Maintenance Plan and Long Term Pollution Prevention Plan for Stormwater Management Systems and perpetual conditions mandated in Conservation Commission's Order of Conditions. In addition to this contract, the applicant' shall submit an Affidavit from' the assignee (s) acknowledging the Stormwater Operation & Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation and Maintenance -Plan and Long Term Pollution Prevention Plan. for Stormwater Management Systems and other perpetual conditions mandated in this Decision and in the Order of Conditions. 6) Prior to the final release of all security and escrowed funds: A) The Planning Staff shall review the site. Any screening as may be reasonably required, by -the Planning Staff will be added at the Project Owner's expense. 0 1003 Osgood Street, Map 35 Lot 50 Site Plan Review, Common Driveway and Parking Special Permits B) A final as -built plan showing final topography, the location of all on-site utilities, structures, curb cuts, parking spaces, and drainage structures and facilities must be submitted to the Planning Department. The- applicant must submit a letter fiom the architect and engineer of the project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 7) General conditions: A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die must be replaced by the project owner in perpetuity. B) Tree cutting shall. be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. C) The emergency "shear gate valves located at the infiltration system should be tested twice yearly to insure that they are in working condition. The test reports are to be submitted to the Planning Office for review. D) Snow removal may be stored on the designated storages areas shown on said plans referenced below to the extent possible, but must. be trucked off site whenever snow exceeds ora -site storage capacity. E) No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces in the buffer zone, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. In addition, permanent signs designating "No -Salt Zone" and "Snow Stockpiling Zones" shall be displayed in prominent locations along the Non -Disturbance Zone as approved by the Conservation Department and shown on the herein referenced plans. F) Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition with the title of the property and shall remain in perpetuity. G) Should the Project Owner transfer ownership of the project and/or property prior to the completion of the project and the submission of as-builts, the buyer shall meet with the Planning Board to provide an update on the status of the project. H) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. I) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. J) 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. 10 1003 Osgood Street, Map 35 Lot 50 Site Plan Review, Common Driveway and Parking Special Permits K) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. . L) No underground fuel storage shall be installed. M) 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. N) Depending on the allowed uses, the Planning Board reserves the right to modify the form and frequency of water quality and maintenance testing and inspection. O) 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. P) 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. Q) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit (March 1, 2013), exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two year period or for good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial` use or construction if the developer has installed 100% of the designed drainage system. R) This Site Plan Review Special Permit approval is. based upon the following information which is incorporated into this decision by reference: 1) ,Plan titled: Proposed Site Development Plans for Map 35 Lot 50 1003 Osgood Street, North Andover, Massachusetts 01845. Prepared for: Osgood Properties LLC 855 Turnpike Street North Andover, MA 01845 Prepared by: MBF Design Consultants, Inc. 44 Stiles Road, Suite One Salem, NB 03079 Scale: P = 20' Date: June 17.2010, Revised Sept. 22, 2010, Dee 8, 2010, Jan. 17, 2011, Feb. 3, 2011, Feb. 18, 2011 Sheets: 1-13 and Exhibit A, dated February 8, 2011 2) Report: Storm Water Management Report Prepared for: Osgood Properties LLC Prepared by: MBF Design Consultants, Inc. 44 Stiles Road, Suite One Salem, NH 03079 cc: 1, Director of Public Works Building Inspector Conservation Administrator' - Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File 12 s 1003 Osgood Street, Map 35 Lot 50 s Site Plan Review, Common Driveway and Parking Special Permits Date: June 17. 2010, Revised Sept. 22, 2010, Oct. 08, 2010, Jan. 17, 2011 3) Report: Operations & Maintenance Plan and Long Term Pollution Prevention Plain Date: June 17, 2010. Revised September 22, 2010, December 8, 2010, January 17, 2011 and February 18, 2011 Prepared by: NUIF Design Consultants, Inc. 44 Stiles Road, Suite One Salem, NH 03079 4) Report: Storm Water Management Report Prepared for: Osgood Properties LLC Prepared by: MHF Design Consultants, Inc. .44 Stiles Road, Suite One Salem, NH 03079 Date: June 17.2010, Revised Sept. 22, 2010, Oct. 08, 2010, Jan. 17, 201 5) Elevations: Osgood Properties LLC 1003 Osgood Street-- Concept Elevations Prepared by: Aninno, Inc. Date: January 14, 2011 cc: 1, Director of Public Works Building Inspector Conservation Administrator' - Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File 12 OSGOOD PROPERTIES, LLC 865 Turnpike Street No. Andover, MA 01845 978-688-8895 March 12, 2010 Mr. Gerald Brown Inspector of Buildings Town of North Andover 1600 Osgood St. No. Andover, MA 01845 Re: 1003 Osgood St. — Bldg. Permit # 143 No. Andover, MA Dear Mr. Brown: i would like to request another extension for 9 months of the above Permit due to the economy and the slow process of getting the approvals. We are only planning on tearing down the house and leaving the barn to preserve it and move it further back into the property providing that the planning board approves the proposal that is being submitted. Your consideration to our request is greatly appreciated. Thank you very much. Yours truly, OSGOOD PROPERTIES, LLC John Ui, o OSGOOD PROPERTIES, LLC 865 Turnpike Street No. Andover, MA 01845 978-688-8895 September 8, 2009 Mr. Gerald Brown Inspector of Buildings Town of North Andover 1600 Osgood St. No. Andover, MA 01845 Re: 1003 Osgood St. – Bldg. Permit # 143 No. Andover, MA Dear Mr. Brown: I would like to request a 6 month extension of the above Permit due to the major problems we had in evicting the tenants from the property and getting all approval documents in order. I am confident that if you can extend until March 19, 2010, it will give me ample time to comply. At this time, we are only tearing down the house and the addition to the barn. We are leaving the barn building up in anticipation of being able to preserve the historical significance of this building by moving it somewhere in the rear of the property. Your consideration to our request is greatly appreciated. Thank you very much. Yours truly, OSGOOD PROPERTIES, LLC i— A s so —�59 OSGOOD PROPERTIES, LLC 865 Turnpike Street No. Andover, MA 01845 978688=8895 January 20, 2009 Mr. Gerald Brown Inspector of Buildings Town of North Andover 1600 Osgood St. No. Andover, MA 01845 Re: 1003 Osgood St. — Bldg. Permit # 143 No. Andover, MA Dear Mr. Brown: I would like to request a 6 to 8 week extension on the above Permit due to the major problems we had in evicting the tenants from the property. I am confident that if you can extend until March 13, 2009, it will give me ample time to comply. At this time, we are only tearing down the house and the addition to the barn. We are leaving the barn building up in anticipation of being able to preserve the historical significance of this building by moving it somewhere in the rear of the property. Your consideration to our request is greatly appreciated . Thank you very much. Yours truly, OSGOOD PROPERTIES, LLC r , Jo s OSGOOD PROPERTIES, LLC 865 Turnpike Street No. Andover, MA 01845 978-6888895 January 20, 2009 Mr. Gerald Brown Inspector of Buildings Town of North Andover 1600 Osgood St. No. Andover, MA 01845 Re: 1003 Osgood St. — Bldg. Permit # 143 No. Andover, MA Dear Mr. Brown: I would like to request a 6 to 8 week extension on the above Permit due to the major problems we had in evicting the tenants from the property. I am confident that if you can extend until March 13, 2009, it will give me ample time to comply. At this time, we are only tearing down the house and the addition to the barn. We are leaving the barn building up in anticipation of being able to preserve the historical significance of this building by moving it somewhere in the rear of the property. Your consideration to our request is greatly appreciated . Thank you very much. Yours truly, OSGOOD PROPERTIES, LLC Jo a s OSGOOD PROPERTIES, LLC 865 Turnpike Street No. Andover, MA 01845 978-688-8895 July 30, 2008 Mr. Gerald Brown Inspector of Buildings Town of North Andover 1600 Osgood Street No. Andover, MA 01845 Re: 1003 Osgood St. No. Andover, MA Dear Mr. Brown: I would like to request a 6 month extension on Permit # 143 for the demolition of the property at 1003 Osgood St., No. Andover, MA. At this time Phase I, which is the demolition of the garage, has been completed but due to unforeseen circumstances, we have to wait on the demolition of the remainder of the buildings. Your consideration in this matter is greatly appreciated. I would like to thank you in advance. Yours truly, OSGOOD PROPERTIES, LLC r'l— (P�� John LM COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION APR TITLE 5 OFFICIAL INSPECTION FORM - NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM FORM PART A CERTIFICATION Property Address: 1003 Osgood Street North Andover, MA Owner's Name: Thomas Properties Owner's Address: P.O. Box 3039 Andover., MA 01810 Date of Inspection: 4-25-02 is Name of Inspector: (please print) James Wright Company Name: R.J. INspections, Inc. Mailing Address: One Osgood Street Methuen, MA 01844 Telephone Number: 978-681-8759 CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposal system at this address and that the.information reported below is true, accurate and complete as of the time of the inspection. The inspection was performed based on my training and experience in the proper function and maintenance of on site sewage disposal systems. I am a DEP approved system inspector pursuant to Section 15.340 of Title 5 (310 CMR 15.000). The system: Inspector's Passes Conditionally Passes eeds Further Evaluation by the Local Approving Authority Fails Date: '� A�- The system inspector sKal1 submit a copy of this inspection report to the Approving Authority (Board of Health or DEP) within 30 days of completing this inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the DEP. The original should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. Notes and Comments o vm ***This report only describes conditions at the time of inspection and under the conditions of use at tl'ua time. This inspection does not address how the system will perform in the future under the same or different conditions of use. Title 5 Inspection Form 6/15/2000 page 1 Page 2 of 11 OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: 10 0 3 Osgood Street North Andover, MA Owner: Thomas Properties Date of Inspection: 4-25-02 Inspection Summary: Check A,B,C,D or E / ALWAYS complete all of Section D A. System Passes: I have not found any information which indic�thatoe failure criteria described in 310 CMR 15.303 or in 310 CMR 15.304 exist. Any failure criteare indicated below. Comments: B. System Conditionally Passes: One or more system components as described in the "Conditional Pass" section need to be replaced or repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass. Answer yes, no or not determined (Y,N,ND) in the for the following statements. If "not determined" please explain. The septic tank is metal and over 20 years old* or the septic tank (whethe al or not) is structurally unsound, exhibits substantial infiltration or exfiltration or tank failure is' ent. System will pass inspection if the existing tank is replaced with a complying septic tank as approved b e Board of Health. *A metal septic tank will pass inspection if it is structurally so , not leaking and if a Certificate of Compliance indicating that the tank is less than 20 years old is availab . ND explain: Observation of sewage backup o reak out or high static water level in the distribution box due to broken or obstructed pipe(s) or due to a broke ettled or uneven distribution box. System will pass inspection if (with approval of Board of Health): broken pipe(s) are replaced obstruction is removed distribution box is leveled or replaced ND explain: The system required pumping more than 4 times a year due to broken or obstructed pipe(s). The system will pass inspection if (with approval of the Board of Health): ND explain: broken pipe(s) are replaced obstruction is removed 2 ' Page 3 of 11 OFFICIAL INSPECTION FORM - NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: 1003 Osgood Street North Andover MA Owner: Thomas Properties Date of Inspection: 4-25---02 C. Further Evaluation is Required by the Board of Health: Conditions exist which require further evaluation by the Board o altli in order to determine if the system is failing to protect public health, safety or the environment. 1. System will pass unless Board of Heaay determines in accordance with 310 CMR 15.303(1)(b) that the system is not functioning in a �er which will protect public health, safety and the environment: _ Cesspool or privy,js-within 50 feet of a surface water _ Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh 2. System will fail unless the Board of Health (and Public Water Supplier, if any) determines that the system is functioning in a manner that protects the public health, safety and environment: —The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet of a surface water supply or tributary to a surface water supply. _ The system has a septic tank and SAS and the SAS isswrtlil a Zone 1 of a public water supply. _ The system has a septic tank and SAS anjt116­SAS is within 50 feet of a private water supply well. _ The system has a septic tank an SAS and the SAS is less than 100 feet but 50 feet or more from a private water supply well". Me d used to determine distance "This system passes if a well water analysis, performed at a DEP certified laboratory, for coliform bacteria and volatile. rganic compounds indicates that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered. A copy of the analysis must be attached to this form. 3. Other: . , ,Page 4 of 11 OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: 1 003 Osgood Street North Andover, MA Owner: Thomas Properties Date of Inspection: 4-25—()2 D. System Failure Criteria applicable to all systems: You must indicate "yes" or "no" to each of the following for all inspections: Yes ,NO Backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or cl gged SAS or cesspool tatic liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or Eecquiuired ool Nd depth in cesspool is less than 6" below invert or available volume is less than '/zday flow pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number times pumped _ portion of the SAS, cesspool or privy is below high groundwater elevation. portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface grater supply. �y portion of a cesspool or privy is within a Zone 1 of a public well. _ y portion of a cesspool or privy is within 50 feet of a private water supply well. Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. [This system passes if the well water analysis, performed at a DEP certified laboratory, for coliform bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered. A copy of the analysis must be attached to this form.] Yes o) The system fails. I have determined that one or more of the above failure criteria exist as described in 310 CMR 15.303, therefore the system fails. The system owner should contact the Board of Health to determine what will be necessary to correct the failure. E. Large Systems: To be considered a large system the system must serve a facility with a design flow of 10,000 gpd to 15,000 gpd. You must indicate either "yes" or "no" to each of the following: (The following criteria apply to large systems in addition t criteria above) yes no the system is within 400 feet a surface drinking water supply _ the system is with�0 feet of a tributary to a surface drinking water supply _ the system is located in a nitrogen sensitive area (Interim Wellhead Protection Area — IWPA) or a mapped Zone II of a public water supply well If you have answered "yes" to any question in Section E the system is considered a significant threat, or. answered "yes" in Section D above the large system has failed. The owner or operator of any large system considered a significant threat under Section E or failed under Section D shall upgrade the system in accordance with 310 CMR 15.304. The system owner should contact the appropriate regional office of the Department. Page 5 of 11 OFFICIAL INSPECTION FORM - NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B CHECKLIST Property Address: 1 003 Osgood Street North Andover, MA Owner: Thomas Properties Date of Inspection: 4-25-02 Check if the following have been done. You must indicate "yes" or "no" as to each of the following: Yes N _ Pumping information was provided by the owner, occupant, or Board of Health ere any of the system components pumped out in the previous two weeks? Has the system received normal flows in the previous two week period ? Have large volumes of water been introduced to the system recently or as part of this inspection ? / Were as built plans of the system obtained and examined? (If they were not available note as N/A) Was the facility or dwelling inspected for signs of sewage back up ? Was the site inspected for signs of break out ? Were all system components, excluding the SAS, located on site ? 'Were the septic tank manholes uncovered, opened, and the interior of the tank inspected for the condition of the baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge and depth of scum? ,/— Was the facility owner (and occupants if different from owner) provided with information on the proper maintenance of subsurface sewage disposal systems ? The size and location of the Soil Absorption System (SAS) on the site has been determined based on: Yes no xisting information. For example, a plan at the Board of Health. ✓Determined in the field (if any of the failure criteria related to Part C is at issue approximation of distance is unacceptable) [310 CMR 15.302(3)(b)] ' Page 6 of 11 OFFICIAL INSPECTION FORM - NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION Property Address: 1003 Osgood Street North AN over, MA Owner: Thomas Properties Date of Inspection: 4-25-02 FLOW CONDITIONS RESIDENTIAL Number of bedrooms (design): Number of bedrooms (actual): DESIGN flow based on 310 CMR 15.203 (for example: 110 gpd x # bedrooms): Number of current residents: Does residence have a garbage grinder (yes or no): Is laundry on a separate sewage system (yes or no):XtAif yes separate inspection required] Laundry system inspected (yes or no): Seasonal use: (yes or no): Water meter readings, if available (last 2 years usage (gpd)): Sump pump (yes or no):� Last date of occupancy: COMMERCIAL/INDUSTRIAL Type of establishment: _ Design flow (based on 310 CMR 15 gpd Basis of design flow (seats/pe s/sgft,etc.): Grease trap present (yes o): Industrial waste ho ' g tank present (yes or no): _ Non -sanitary to discharged to the Title 5 system (yes or no): _ Water meter readings, if available: Last date of occupancy/use: OTHER (describe): GENERAL INFORMATION Pumping Records Source of information: ���/��/©fir/�.� ��f�` �%�,�' •s1 Was system pumped as part of the inspe— chon (yes or no): _ If yes, volume pumped: gallons -- How was quantity pumped determined? Reason for pumping: TYPE OF SYSTEM _ Septic tank, distribution box, soil absorption system _ Single cesspool _ Overflow cesspool _ Privy —,Shared system (yes or no) (if yes, attach previous inspection records, if any) ` Innovative/Alternative technology. Attach a copy of the current operation and maintenance contract (to be obtained from system owner) _ Tight tank _ Attach a copy of the DEP approval _ Other (describe): Approximate age of all components, date installNd (if known) and source of information: t//7/2 X ani% Were sewage odors detected, when arriving at the site (yes or no):,4 Page 7 of 1 I OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 1003 Osgood Street North Andover,- MA Owner: Thomas Properties Date of Inspection: 4-25-02 BUILDING SEWER (locate on site plan) / Depth below grade: Materials of construction: _cast iron _40 PVC _other (explain): Distance from private water supply well or suction line: Comments (on condition of joints, venting, evidence of leakage, 'etc.): SEPTIC TANK: _ (locate on site plan) Depth below grade: Mater construction: __concrete _metal fiberglass _polyethylene _ ther(explain) /���� ,S j o',✓�- If tank is metal list age: - Is age confirmed by a Certificate of Compliance (yes or no): _ (attach a copy of certificate) Dimensions: Sludge depth: Distance from top o s edge to bottom of outlet tee or baffle: Scum thickness: Distance from top of scum to top of outlet tee or baffle: Distance from bottom of scum to bottom of outlet tee or ba ffV How were dimensions determined: ��-���f Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): GREASE TRAP: _(locate on site plan) Depth below grade: Material of construction: _concrete _metal _fiberglass _polyethylene _other (explain): Dimensions: Scum thickness Distance from opo sc to to f et tee or baffle: Distance from bottom sc ttom of outlet tee or baffle: Date of last pumpin . Comments (on p ping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): 7 .. Page 8 of 11 OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 1003 Osgood Street North Anan icor.-MA Owner: Thomas Properties Date of Inspection: 4-25-02 TIGHT or HOLDING TANK: Depth below grade: Material of construction: concrete Dimensions: Capacity: Design Flow: Alarm present (yes or no): Alarm level: Alarm Date of last pumping: Comments (condition of al (tank must be pumped at time of inspection)(locate on site plan) fiberglass _polyethylene other(explain): order (yes or no): and float switches, etc.): DISTRIBUTION BOX: (if present must be opened)(locate on site plan) Depth of liquid level above outlet invert: Comments (note if box is level and distribution to outlets equal, any vidence of solids carryover, any evidence of leakage into or out of box, etc.): tel/ 455�1 /ric-��l PUMP CHAMBER: (locate on site plan) Pumps in working order (yes or no): Alarms in working order (yes orno Comments (note condition of primp) 8 pumps and appurtenances, etc.): • Page 9 of 11 OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 1003 Osgood Street North Andover, MA Owner: Thomas roper ies Date of Inspection: 4-25-02 SOIL ABSORPTION SYSTEM (SAS): (locate on site plan, excavation not required) If SAS not located explain why: Type leaching pits, number: _ leaching chambers, number: leaching galleries, number: leaching trenches, number, length: leaching fields, number, dimensions: overflow cesspool, number: innovative/alternative system Type/name of technology: Comments (note condition of soil, signs of hydraulic failufe, level of ponding, damp soil, condition of vegetation, etc.): — -- � J- — CESSPOOLS: (cesspool must be pumped as part of inspection)(locate on site plan) Number and configuration: Depth – top of liquid to inlet invert: Depth of solids layer: Depth of scum layer: Dimensions of cess ol: Materials of cons ction: Indication of groundwater i ow es -or no): Comments (note conditio of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): PRIVY: (locate on site plan) Materials of construction: Dimensions: Depth of solids: Comments (note condition of soi signs ofd level of ponding, condition of vegetation, etc.): Page 10 of 1 I OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 1 003 Osgood Street North Andover, MA Owner: Thomas Properties Date of Inspection: 4-25-02 SKETCH OF SEWAGE DISPOSAL SYSTEM Provide a sketch of the sewage disposal system including ties to at least two permanent reference landmarks or benchmarks. Locate all wells within 100 feet. Locate where public water supply enters the building. Page 11 of 11 OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 1 003 Osgood Street Owner ThomasNorth An�ov_MA Date of Inspection: 4-9-c;—n? SITE EXAM Slope Surface water Check cellar Shallow wells Estimated depth to ground waterfeet Please indicate (check) all methods used to determine the high ground water elevation: Obtained from system design plans on record - If checked, date of design plan reviewed: Observed site (abutting property/observation hole within 150 feet of SAS) C - -ked with local Board of Health -explain: ,hecked with local excavators, installers- (attach documentation) Accessed USGS database -explain: y—a s•_dL You must describe how you established the high ground water elevation: - 11 http://ma.water.usgs.gov/current-cond/data/02_03.txt a � SUMMARY OF GROUND -WATER LEVELS MARCH 2002 PROVISIONAL (NOTE: Wells with * also available in real-time at top of Ground -Water Data page) WELL L START NET CHANGE DEPARTURE WATER LEVEL T I YEAR IN MONTH IN ONE FROM BELOW LAND - 0 T OF YEAR MONTHLY SURFACE P H RECORD MEDIAN DATUM 0 0 (FEET) (FEET) (FEET) (FEET) DAY MASSACHUSETTS ACTON 158 * TS 1965 + 0.16 - 2.61 - 2.41 20.42 26 ANDOVER 462 VS 1968 + 0.27 - 2.32 - 1.85 16.13 27 ATTLEBORO 83 VS 1964 + 0.26 - 0.78 - 0.38 3.65 26 BARNSTABLE 230 FS 1957 + 0.14 - 1.12 - 2.82 25.89 25 BARNSTABLE 247 FS 1962 + 0.01 - 1.07 - 3.18 27.28 25 BECKET 12 TS 1986 + 0.12 + 0.03 + 0.34 2.94 22 BILLERICA 363 HS 1962 + 2.27 - 7.88 - 5.97 9.86 26 BLANDFORD 9 VS 1986 + 0.20 - 0.27 + 0.26 2.09 22 BOURNE 198 FS 1962 - 0.05 - 1.27 - 2.68 34.91 22 BOYLSTON 87 VT 1995 + 2.37 - 2.28 - 0.24 3.62 26 BREWSTER 21 FS 1962 + 0.02 - 0.56 - 3.37 13.02 < 21 BREWSTER 22 * FS 1962 + 0.02 - 0.81 - 2.63 33.51 < 26 CHATHAM 138 FS 1962 + 0.06 - 1.15 - 2.06 25.55 21 CHELMSFORD 384 TS 1987 + 0.39 - 1.92 - 0.75 15.94 27 CHESHIRE 2 HT 1951 + 2.27 - 0.64 - 0.62 3.38 21 CHICOPEE 95 TS 1984 - 0.12 - 1.25 - 2.39 23.72 << 21 COLRAIN 8 VS 1965 + 0.28 - 4.22 - 4.92 22.62 < 21 CONCORD 165 TS 1965 - 0.33 - 1.03 - 2.27 44.19 26 CONCORD 167 TS 1965 + 0.35 - 3.79 - 3.80 9.68 < 26 CUMMINGTON 13 VS 1986 + 0.13 - 1.22 - 1.22 5.27 21 DEDHAM 231 ST 1965 + 3.07 - 2.48 - 1.22 5.81 28 DEERFIELD 44 VS 1965 + 0.35 - 0.22 + 0.06 2.39 21 DOVER 10 TS 1965 + 0.29 - 3.30 - 3.11 35.28 26 DUXBURY 79 * VS 1965 + 0.06 - 1.16 - 0.20 8.00 25 DUXBURY 80 VR 1965 - 0.35 - 1.32 - 0.22 21.63 25 EAST BRIDGEWATER 30 HT 1958 + 2.03 - 6.96 - 6.04 10.76 < 25 EDGARTOWN 52 VS 1976 - 0.39 - 1.28 - 2.42 20.95 << 28 FOXBOROUGH 3 TS 1965 + 0.60 - 1.66 - 1.40 19.49 < 26 FREETOWN 23 TS 1964 + 0.04 - 2.03 - 2.25 15.30 < 26 ' GEORGETOWN 168 VS 1965 + 0.51 - 1.94 - 0.55 4.21 27 GRANBY 68 VS 1954 + 0.50 - 2.67 - 3.13 9.43 < 21 GRANVILLE 5 TS 1965 - 0.10 - 1.63 - 2.67 35.98 22 GRANVILLE 6 SS 1965 + 0.53 - 2.04 - 2.04 5.24 22 GREAT BARRINGTON 2 VT 1951 + 0.24 - 3.82 - 4.29 11.80 21 HANSON 76 VS 1964 + 0.07 - 0.91 - 0.52 4.61 25 HARDWICK 1 TS 1965 + 0.14 - 6.58 - 3.86 16.10 26 HARDWICK 31 TS 1984 + 0.06 - 0.73 - 0.43 11.22 21 HAVERHILL 23 TS 1960 + 0.42 - 4.28 - 2.84 13.19 27 HAWLEY 8 ST 1986 + 0.05 ------ - 0.52 4.02 21 HOLDEN 169 FT 1995 + 1.97 - 5.02 - 4.96 5.62 < 26 LAKEVILLE 14 * TS 1964 + 0.47 - 5.46 - 4.54 18.36 26 LEXINGTON 104 VS 1965 + 0.05 - 0.65 + 0.15 1.85 26 MASHPEE 29 FS 1976 + 0.11 - 1.08 - 1.67 9.55 < 22 MIDDLEBOROUGH 82 VT 1965 + 2.43 - 7.51 - 5.55 10.04 < 26 MONTGOMERY 19 SS 1986 + 0.38 - 1.15 - 1.38 2.15 < 22 NANTUCKET 228 FS 1976 + 0.01 - 0.69 - 1.26 26.71 22 NEW BEDFORD 116 VS 1964 + 0.22 - 0.39 - 0.21 3.88 26 NEWBURY 27 VT 1965 + 1.63 - 5.46 - 2.57 7.28 27 SUMMARY OF GROUND -WATER LEVELS MARCH 2002 PROVISIONAL (NOTE: Wells with * also available in real-time at top of Ground -Water Data page) 1 of4 4/25/2002 1:50 PM SEPTIC SYSTEM INSPECTION FORM ADDRESS 16 6s 6 s DATE INSPECTED I' I S" PROPERLY FUNCTIONING? WEATHER CONDITIONS Dp COMMENTS: DYE TEST PERFORMED? Y N DATE? SKETCH: WATERSHED RESIDENTS QUESTIONNAIRE 1. Name 2. Street Address / f1 �S �d ®� / ' �'� ��✓� �S 5 3. How many members are in your household? 4 What type of sewage disposal system do you have? ❑ cesspool septic tank and leaching area ❑ connection to municipal sewer ❑ other (describe) ❑ do not know 5. Are the plans (drawings) for your sewage disposal system on file with the Board of Health? ❑ yes ❑ no j< do not know 6. How old is your sewage disposal system? ❑ 0-5 years ❑ 6-10 years. 11-20 years ❑ over 20 years ❑ do not know 7. Has your sewage disposal system been rebuilt or repaired? ❑ yes 5 no ❑ do not know If yes, approximately how long ago? years. What was done? 8. How frequently is your sewage disposal system pumped out? ❑ annually Xevery 2-4 years ❑ every 5-10 years ❑ over 10 years ❑ never 9. Have you had any problems with your sewage disposal system? ❑ yes V9, no If yes, what problems? ❑ repeated pump -outs needed ❑ system clogs, backs up, or drains slowly ❑ odors ❑ sewage surfaces through ground 10. How many of each appliance are connected to your sewage disposal system? washing machine dishwasher garbage disposal a dehumidifier drain p sump pump toilet —2 roof/pavement drains C' shower/bathtub 11. Please state the brand and type (liquid or powder) of detergent you use for: dishwasher clotheswasher•�'- 12. Does your property have a lawn? 0: yes ❑ no If yes, approximately what size? ❑ less than 1/4 acre 0.1/4 acre ❑ 1/2 acre ❑ 3/4 acre ❑ 1 acre ❑ more than 1 acre (Specify)— acres 13. How often do you fertilize your lawn No. of applications per year Season(s) of the year 14. Please state the brand and type (liquid or granular) of lawn fertilizer you use: 0 Check here if your lawn is maintained by a professional landscape contractor. 1- l.Y1 I NAR fu 2. S`.re x Addressae -3 /:fi 5'f 3. Ynany members are in your household? 4 type of sewage disposal system do you have? :spool ptic tank and leaching area :_1 connection to municipal sewer E! :- her (describe) ❑ uo not know 5. the plans (drawings) for your sewage disposal system on file with the Board of Health? =1 yes ❑ no DK do not know 6. 1 f owe- old is your sewage disposal system? ❑ 0-5 years ❑ 6-10 years ,� 11-20 years :_i aver 20 years ❑ do not know 7, i -,s your sewage disposal system been rebuilt or repaired? ❑ yes tS' no ❑ do not know yes, approximately how long ago? years. What was done? OW frequently is your sewage disposal system pumped out? ❑ annually every 2-4 years ❑ every 5-10 years ❑ over 10 years ❑ never 9. 1" n, e you had any problems with your sewage disposal system? ❑ yes no 1 yes, what problems? • repeated pump -outs needed ❑ system clogs, backs up, or drains slowly ❑ odors ❑ sewage surfaces through ground ow many of each appliance are connected to your sewage disposal system? aslring machine dishwasher C9 garbage disposal U umid.ifier drain sump pump toilet — rc of rsavement drains U showerlbathtub _ 11,l ;ease state the brand and type (liquid or powder) of detergent you use,for: dishwasher -9f,heswasher 12. o:= your property have a lawn? yes iF yes, approximately what size? L i less than 1/4 acre ❑ 1/4 acre ❑ ❑ more than 1 acre (Specify) - 3 acres 13. Flow often do you fertilize your lawn (: o, of applications per year �- =-ason(s) of the year ❑ no '/s acre ❑ 3/4 acre ❑ 1 acre 14. 'P:e.__�e state the brand and type (liquid or granular) of lawn fertilizer you use: Cfeck here if your lawn is maintained by a professional landscape contractor. N O o W w O CD cn 6 0 0 to o go o m o m o m NORT►.� w• O��6•gtiO Oc N t p T - M , 0 ATE �gSSACHLUIS Gerry Brown, Inspector of Buildings Town of North Andover 1600 Osgood Street Bldg. 20, Suite 2-36 North Andover, MA 01845 Phone: 978-688-9545 Fax: 978-688-9542 December 15, 2010 John T. Smolak, Esq. Smolak & Vaughan LLP East Mill, 21 High Street, Suite 301 North Andover, Massachusetts 01845 Re: Property: 1003 Osgood Street Zoning Confirmation Letter Dear John: I have reviewed your December 13, 2010 letter with enclosed site plans dated June 17, 2010 (Revised December 8, 2010) concerning 1003 Osgood Street. I have also reviewed the Zoning Bylaw as it pertains to the proposed project. Accordingly, based upon our discussions and my review of the materials above, I have made the following zoning determinations. 1. The proposed uses of the project for office, retail and restaurant uses as described in our discussion and the revised Site Plans are uses permitted by right in the underlying Business 2 (B-2) zoning district subject to the issuance of a site plan review special permit (Section 8.3). 2. The property lies within the Watershed Protection District (Section 4.136 of the Zoning Bylaw), and the lot is shown on a plan recorded in 1966, before the date of the amendments to Section 4.136 on October 24, 1994, so Section 4.136(s)(f) provides that the zones in effect after that date do not apply to the Property. 3. I have also determined that the following uses and activities are allowed, subject to the issuance of both site plan review, as well as a watershed protection district, special permits: a. The proposed Project uses, as described above, are permitted in a B-2 District and the Watershed Protection District, since the WPD zoning overlay district does not specifically prohibit those uses in the underlying B-2 zoning district b. I have reviewed the calculations shown on the Site Plans related to the existing barn and expansion of the structure located within the 100 -foot Non - Disturbance Zone. These improvements are permitted uses as an expansion of any existing structure by less than twenty-five (25) percent of the gross floor under section 4.136(3) (c), including section 4.136 (3) (c) (ii) (6) of the Zoning Bylaw. c. The uses described above, as well as the proposed redeveloped and renovated building, parking, dumpster, and related improvements and activities shown on the Site Plans, are permitted within the Watershed Protection District by special permit issued by the Planning Board under Section 4.136 without the need for a variance from the Zoning Board of Appeals pursuant to 4.136(3)(c)(ii)(6) described above. 4. The existing barn is considered a preexisting lawful nonconforming structure as to building height, and the renovation of the barn in its current location is not a change, extension or enlargement of a preexisting lawful nonconforming use or structure under Section 9.2 of the Zoning Bylaw, as long as the height of the building does not increase. The expansion of the building (assuming no increase in height) would be permitted by site plan review special permit. This letter supersedes my June 23, 2010 letter issued for the formerly proposed project. Let me know if I can be of further assistance. Sincerely, Gerald Brown Building Commissioner GB/ cc: .jZoningsFile V I RECEIVED CY'!I r' .r -p, nrF!Cr Town of North Andover .. Office of the Planning DepartmejW07 APR 20 PH 2: 42 Community Development and Services Divisi",'�1 G; 1600 Osgood Street NORTH North Andover, Massachnsette Oise MASSACF;!! Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. NOTICE OF DECISION , ' /.4* '� Bldg. Con/Com Fire Chief Town Clerk Date: 4/20/07 Date of Hearings: 9/5/06 — 3/20/07 Date of Decision: 4/20/07 Petition of.. 1003,9sgood Street, LLC. 160 Pleasant Street, North Andover, MA 01845 .ZBA Health Police Chief DPW/Engine, Premiss Affected: 1003 Osgood Sbvet, North Andover, MA 0184 within the B-2 Zoning District, Assessors Map 3S, Lot S0. Ref.m* to the above petition for a Modification for a Watershed Special Permit under Section 4.136(3)cii and. for a Mod 6cao'an for a Sib. Plan Review Special Permit Under Section 8.3 Sporn the requirements of the North Andover Zoning Bylaw. So as to allow: the reconfiguration of the parking area, redesign and relocation of the easterly access driveway access fronting Osgood Street, the construction of 63 total panting spaces, revised landscape plan, and related grading work in the General, Non -Disturbance, and Non - Watershed Protection District. Discharge ?.ones of the After a public hearing given an the above date, the Pkn=g Hoard voted to APPROVE a Modification for a Watershed Spacial Permit, and for a Modification for a Site Plan Review Special Permit based upon the following conditions: cc: Town Departments Applicant Engineer Abutters Assessor APR 2 4 A07 D BOARD OF APPEALS y� ah beh.lf„f Richard Nardek Cham John Simons, Vice Chas MM Alberto Angles, Clerk Jennifer Kusek Richard Rowen 1003 Osgood Street, LLC 1003 Osgood Stred Map, 35, Lot 50 Waterbed Special Permit — Modification F'7CtIVED The public hearing on the above referenced application was opened 9/5/06 and cM A8RtK N h 2: 42 Andover Plaiming Board on 3/20/ 2007. On 3/20/2007 upon a motion made 'by Richard Rowen and seconded by John Simons Modification to the Watershed Spacial Permit to reconfigure the parking area, redesign zMA& i8&Nc9 & eastedy access driveway fronting Osgood Street, and 63 trial parking spaces (54 parking space dedicated to 1003 Osgood and 9 parking spaced designated for shared parking between 1025 and 1003 Osgood Street) on the premises rc&wW to as 1003 Osgood Street, as shown on Assessors Map 35, Lot 50. The purpose of which is to create a combined access road into both properties and 9 parking spaces. This Special Permit was requested by Joseph Levis, 160 Pleasant Street, North Andover, MA for premises located at 1003 Osgood Street, LLC, North Andover, MA 01845 on 8/11/2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.3 of the Town of North Andover Zoning Bylaw and MOL Chapter 40A, Section 11. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set firth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 5-0. A special permit issued by the special permit granting authority requires a vote of at least four makers of a five-nnember board. 'lime applicant is hereby notified that . should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days ager the date this decision has bow Sled with the Town Cleric. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision specifically stated by the Planning Board nukes the following FINDINGS OF FACT: 1. That as a result of the proposed construction in conjunction with cher uses nearby, there will not be any sigti ficart degradation of the quality or quantity of water in or entering Lake Cochidhewidc. The Plarhhhing Board bases this finding on the following finds: a. The proposed structures will be connected to the Town sewer and water systems. b. A deed restriction will be placed limiting the types of Sertiliaers that can be used on the site. c. A covenant will be placed in the deed restricting fiuther development of the entire field portion of the site in perpetuity. d. The topography of the site will not be altered substantially. e. The limit of clearing is restricted to the mWnvxn necessary to coostrud/reflvvate the structures, construct the shared driveway access and parking lot reconfiguration. f. Chian has been provided by a registered pr+o*s=W engineer and further verified by the Town's consthhing cognew, Vanasse, Hangen Brustlin, Inc. (VHB) that the building, r000nSgured parking area, and shared driveway access were designed using Best Management Practices and that project will not have an effect on the quality or quantity of nmoff entering the watershed protection district, Refer to letters dated August 30, 2006, September 21, 2006 and October 2, 2006 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. 2 y 1003 Osgood Street, LLC 1003 Osgood Street Asap, 35, Lot 50 Watershed SpeeW Permit — Modification g. The construction has been reviewed by Town Staff and the Town's eonsvltixig engineer, VHB, and with the application of the erosion control treasures and the minor modifications to the drainage and stormwit er trianagerrent designs, there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick or any delineated wetlands. The site drainage system and storm water managernent design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices, and has been reviewed by the outside consulting engineer, Vaoasse, Hangen Brustlin, Inc. (M). Refer to letters dated August 31, 2006 and October 2, 2006 from VHB. h. The Water Quality Testing and an En1CWucY Response Plan Program required by the Site Plan Special Permit modification approved on September 5, 2006 have been incorporated into this decision by reference. 2. There is no reasonable alternative location outside the General, Non -Dist ubaace, and the Discharge Zones fix any discharge, strum or activity associated with the proposed project. All structures, impervious areas and utilities shown in arras that are allowed by right under Section 4.136 of the North Anrdover Zoning Bylaw. The Amnwatcr management faglitics have been located as to rninimuc the grading and eardma k required to complete the project and restore vegetative cover as quickly as possible. In a000sdance with Section 10.31 of the North Andover Zoning Bylaw, the planning Board makes the k1lowing FINDINGS OF FACT: I. The specific site is an appropriate location for the proposed use as all frasible storm water and erosion controls have been placed on the site; 2. The use will oat adversely affiact the neighborhood, as the kit is located in a B-2 coning district. The project is looted within an extremely envirnnm mW sensitive area and in close pi m anuty to Lake Cochidrewiek. The final design reflects exdensnr discussions between the Town and applicant to ensure the continued protection of Lake Cochicrewiek and the safety and welfare of the residents of North Andover. 3. There will be no niisanoe or serious hazard to vehicles or pedestrians. The applicant has demonstrated that (1) the proposed access Osgood Street will not significantly incase traffic Saw or volwrres and (2) the parking design Provides for adequate traffic Sow, safety, and sufficient pedestrian comrectioos the project 4. Adequate and appropriate facilities will be provided for the prnjact will provide Town water, sewer, and utilities on the P� Operation of the proposed use. The PAY to adequitely address the needs of the project and has been reviewed. by the Division of public Works and the outside consulting , Vanasse., Hangeln Brustlin, Inc.; S. The existing lot conform to the minirmun lot area requirements for a lot within the Business 2 District as shoves in Table 2 of the North Andover Zoning By-laws. 6. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. 3 1003 Osgood Street, LLC 1003 Osgood Street Map, 35, Lot 50 Watershed Special Perna — Modification IF, Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1. This decision must be Sled with the North Essex Registry of Deeds. The following information is included as part of this decision: a. A set of plans entitled "Site Development Plans for Lakeview Farm Development, 1003 Osgood Street, North Andover Massachusetts 01845" consisting of Sheets 1 through 9, Truck Turning Plan 1 of 1, and Landscape Plan 1— 2; prepared for 1003 Osgood Street, ILC., 160 Pleasant Street, North Andover, MA 01845; prepared by prepared by MHF Design Consultants, 103 Stiles Road, Suite One, Salem, New Hampshire, dated August 10, 2006 and last revised 8/28/06,1x22/07, and 2x18/07 consisting of Sheets 1 through 9, Truck Turning Plan 1 of 1, and landscape Plan prepared by Huntress Associates, Inc., 17 Tewksbury Street, Andover, MA 01810, consisting of Sheets 1 & 2. b. A Traffic Study prepared by DJK Ash entitled - Traffic Impact and Access Study" dated August 14, 2003. c. Drainage cakuiladoos entitled "Storrrwater Management Drainage Calculations and Best Mwagenvw Practices", prepared by M G Design Consultants, dated August 15, 2003. 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. 2. Prior To Any Work on Si bm a. A performance guarantee bond of tea thousand dollars ($10,000.00) made out to the Town of North Andover must be posted to msurie drat the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with die plans and die conditions of this decision and to ensure that the as -built plans will be submitted. b. The Writ of work as shown on the plan by the erosion control line must be marked in the filed and most be reviewed and approved by the Town Planner. c. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planna and Conservation Department. Weekly inspe urns of all erosion control measures will be completed by the designated codependent Environmental Monitor. d. The site shall have received all necessary permits and approvals frau the North Andover Conservation Commission, Board of Health, and the Deiiartnient of Public Worms, and be in compliance with die above permits and approvals. e. All plans lion the eomnec ion to mrmccipal sewer must be reviewed and approved by the Division of Public Works. 3. Foundation Plan: Immediately upon compk bw of the addition foumdatien and prior to fin then const Kam x*mties associated with the site, the applicant shall complete a plan prepared by -a Registered Prof:ssieaal Land Surveyor which accurately depicts the fioimdation location and its proximity to wetland resource areas and watershed buffier zones as shown oa the approved Watershed Site Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 4 :y 1003 Osgood Street, LLC 1003 Osgood Street Map, 35, Lot 50 Watershed Special Permit — Modification 4. Prior To The Issuance Of A Building Permit: e 'Ihe plans and hydraulic calculations Ser each fire spriukler system shall be m bmitfsd for review and approval by the North Andover Fire Department and Building Inspector. b. 'Ibree (3) copies of the signed, recorded plans must be delivered b the Planning Department. c. One certified copy of the recorded decision must be submitted to the Planning Department. 5. Prior To The Issuance Of A Cerffw be Of Occupancy: a. No pesticides, lentilmers or ehanicals shall be used in lawn cane or maintenance. The applicant shall incorporate this condition as a deed astriction and a copy of the recorded deed shall be submitted to the Town Plainer and included in the file. b. The area shown on the plan referenced in Condition 1 delineated as the area within the 250 foot Non- Disdrbanee Zane shall be left in los natural and open state and that no construction shall occur thereon. The foregoing shall not be construed to pnvcnt the landscaping, mowing or haying of the Open Space or the installation, mam teoance, and replacement of utilities and/or drainage of surfaoe or subsurface water to or from the Open Space and all appurtenances thereto. The applicant shall incorporate this condition as a deed restriction; a copy of the dared shall be submitted to the Town Planner and included in the file. c. The bum nunst have any and all fire sprinklers installed in accordance with Massachusetts General Laws Chapter 148 Section 26. Catficatien that the systems have bees installed properly and m accordance with the above wErenood regulations must be provided firm the North Andover Fire Department. 6. Prior To The Release Of The Performance Bond.- a, ond: a. Tbc applicwtt shall submit an as4milt plan stamped by a Registered Prokssional Fawner m Masgac]nusoetts that shows all conWuctioo, inch udug storm water n imptian trenches and other pertinent site features. This as-buih plan shall be submitted to the Town Planna for approval. The applicant must submit a cubficaaen fioorn the design engineer that the site was constructed as shown on the approved plan. b. The Planning Board must by a majority vote make a fading that the site is in conf m nazroe with the approved plan. 7. In no instanm shall the applicant's proposed construction be allowed to further irrpe the site other than as proposed on the plans rdirenced in Special Condition # 12. 8. No open burning shall be done except as is permitted during burning season under the Fire Delmiment regulations. 9. The Contractor shall cooled Dig Safe at least 72 hours prior to eonumc g excava im 10. The provisions of this conditional approval shall apply to and be binding upon the applicant, it's empkryees and all successors and assigns in interest or control. 11. Should the Project Owner transfer ownership of the project and/or property, the buyer shall meet with the Planning Board to provide an update on the status of the project. 5 I&• 1003 Osgood Street, LLC 1003 Osgood Street Map, 35, Lot 50 Watershed Special Permit — Modification 12. This Special Permit approval shall be deemed to have lapsed two years after March 20, 2007 exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has comnnencW within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 13. Ibis decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan tided: Site Development Plans for Lakeview Farm Development 1003 Osgood Street North Andover Massachusetts 01845 Prepared for: 1003 Osgood Street LLC. 160 Pleasant Street, North Andover, MA 01845 Prepared by. MHF Design Com, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Scale: 1"=209 Date: August 10, 2006, revised 8!28/06, 1/22/07, 2/28/07, 3/12/07. Sly: 1— 9, Truck Turning Plan 1 of 1, and Landscape Plan I - 2 cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File K= rn N i 6 _ t%ECEIVED i UV;?!i Town of North Andover Office of the Planning DepartmeJ01 APR 20 PH 2: 42 Community Development and Services Divisi"., 1600 Osgood Sheet NORTH North Andover, Massachusetts 0184/ MA S S ACf � 7 i ' Y NOTICE OF DECISION Any appeal shall be filed within (20) days atter the date of filing this notice in the office of the Town Clerk. Date: 4/20/07 Date of Hearings: 9/5/06 — 3/20/07 Date of Decision: 4/20/07 Petition of 1003 Osgood Street, LLC. 160 Pleasant Street, North Andover, MA 01845 Pr+enrises Affected: 1003 Osgood Street North Andover, MA 01845, within the B-2 Zoning District, Assessors Map 35, Lot so. Rem to the above petition for a Modification for a WOMAW Special permit under Section 4.136(3)cii and for a Modifcation for a Site Plan Review Spacial Permit Under Section 8.3 fiom the requited of the North Andover Zoning Bylaw,. So as to allow. the reconfiguration of the parking area, redesign and m.1oattion of the easterly access pa�ay fio�°�B Osgood Sok theconstruction of 63 total parking spaces revised landscape related Fading work in the General, Non -Disturbance, and Non -Discharge Protection District. ? of the After a public heanng given on the above date, the Pk mmg Board voted to APPROVE a Modification for a Watershed Special Prrrndt; and for a Modti6ction for a Site Plan Review Special Permit based upon die following conditions: cc: Town Departnreats Applicant Engineer Abutters Assessor oh e!h.lF„I� Planning Bo Richard Nwdella, Cha man John SIMME, Vice Chaimmn Alberto Angles, Clerk Jexmife r Kuse k Richard Rowem 1003 Osgood Street, LLC 1003 Osgood Street Map, 35, Lot 50 Site Plan Review - Special Permit Modification The Planning Board hereby approves the Modification for a Site Plan Review Spllpie F �, reconfiguration of the parking area, redesign and location of the easterly access driveway-irdi itigztsgood Street, and 63 total parking spaces (54 parking space dedicated to 1003 Osgood� ds e . designated for shared parking between 1025 and 1003 Osgood Street) on the premises re s Ok� Osgood Street, as shown on Assessors Map 35, Lot 50. The project includes the creati,af a,"Parking and Driveway Easement" located on easterly property line of the parcel. The purpcNIjRX*1'Gh is,to create a combined access road and 9 parking spaces for 1003 Osgood Street and tAftt q panel 1025 Osgood Street, Map 35, Lot 20. A deed restriction would be placed on the existing open space prohibiting future development. 1003 Osgood Street, LLC., 160 Pleasant Street, North Andover, MA 01845, requested this Site Plan Special Permit modification on July 20, 2006 The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the Business Two (B-2) Zone to support the professional/medical office building with associated multi -family residential. It must be noted that the project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. Great care and consideration was taken by the Planning Board and applicant to design a project that would better protect the Town's primary source of drinking water. 2. A covenant will be placed in the deed restricting further development of the entire field portion of the site in perpetuity. 3. The use as developed will not adversely affect the neighborhood, as the project will improve the flow of vehicular and pedestrian movements and safety within the site and Osgood Street and Great Pond Road. Also, the applicant has proposed to preserve and renovate the existing structures, helping to maintain the historic character of the site and the surrounding views toward Lake Cochichewick. 4. There will be no nuisance or serious hazard to vehicles or pedestrians as the consolidated access road improves the circulation and flow of vehicular and pedestrian traffic to 1003 Osgood Street and 1025 Osgood Street. The Traffic Impact & Access Study performed by Dermot J. Kelly Associates, Inc. and reviewed by the Town's Outside Engineering Consultant, Vanasse Hangen Brustlin, Inc. 5. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw. 6. The site drainage system is designed in accordance with the Town Bylaw requirements. The drainage calculations submitted by MHF Design Consultants were reviewed with the Town's Outside Engineering Consultant, Vanasse, Hangen, Brustlin, Inc. and deemed to be acceptable. Refer to letters August 31, 2006, and October 2, 2006 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. 7. The shared access/egress road and parking area results in a better overall and cohesive plan that improves internal/external circulation of vehicles, pedestrians, parking, and emergency access and. provides for a more aesthetically pleasing and cohesive project for 1025 Osgood Street and 1003 Osgood Street. 8. A Water Quality Testing program for the site shall be incorporated as part of this decision. .y 1003 Osgood Street, LLC 1003 Osgood Street Map, 35, Lot 50 Site Plan Review - Special Permit Modification 9. An Emergency Response Plan shall be incorporated as part of this decision. 10. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 and for Special Permits as stated in Section 10.3 of the Zoning Bylaw. 11. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The facility will be connected to the municipal sewer system in the Town of North Andover. 12. The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw. Finally, the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3(5) and (6) subject to the following conditions. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: Permit Definitions: i) The "Locus" refers to the 3.20 -acre parcel of land adjacent to Route 125 as shown on Assessors Map 35, lot 50, and also known as 1003 Osgood Street, North Andover, Massachusetts. ii) The "Plans" refer to the plans prepared by MHF Design Consultants dated August 10, 2006 and last revised 8/28/06, 1/22/07, and 2/28/07, 3/12/07 entitled "Site Development Plans for Lakeview Farm Development, 1003 Osgood Street, North Andover Massachusetts 01845" consisting of Sheets 1 through 9, Truck Turning Plan 1 of 1, and Landscape Plan 1— 2. iii) The "Project" or "1003 Osgood Street" refers to the development of a shared access roadway, expanded parking area, and associated grading and extensive landscaping work. The project includes the creation of a driving and parking easement on 1003 Osgood Street, Map 35, Lot 50 and depicted on Sheet 3 of the Plans. The driveway and parking easement includes the construction of 9 spaces and shared access road to both properties. iv) The "Applicant" refers to 1003 Osgood Street LLC, 160 Pleasant Street, North Andover, MA 01845, the applicant for the Special Permit. v) 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. 1) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file reports on the 4'h Monday of each month to the Planning Department throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any and actions taken to resolve these issues. As part of the monthly submissions, the Environmental Monitor will submit all environmental monitoring reports provided to Conservation Commission as part of their Order of Conditions. The designated monitor may not be applicant and/or developer. 2) The applicant shall designate an independent construction monitor who shall be chosen in 1003 Osgood Street, LLC 1003 Osgood Street Map, 35, Lot 50 Site Plan Review - Special Permit Modification consultation with the Planning Department. The construction monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file reports on the 4`h Monday of each month to the Planning Department throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. The designated monitor may not be applicant and/or developer. 3) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: A) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. 4) PRIOR TO THE START OF CONSTRUCTION A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. E) A pre -construction meeting must be held with the developer, their construction employees and the Planning Department to discuss scheduling of inspections and inspections to be conducted on the project. F) The developer must secure any necessary special permits required under the Zoning Bylaw for the continued pre-existing non -conforming status of the original structures from the Zoning Board of Appeals. The developer shall inform the Planning Department/Planning Board of the final decision of the Zoning Enforcement Officer/ZBA, and provide revised plans as needed. G) The -developer shall provide the Planning Board with copies of permits, plans and decisions received from the Conservation Commission. In accordance with General Condition 7(k) below, should the Community Development Director find that plans approved by the Conservation Commission substantially differ from the approved plans of the Planning Board, the developer is required to present the changes through a public hearing to the Planning Board for a modification to site plan approval. H) A bond in the amount of ten thousand dollars ($10,000.00) shall be posted for the purpose of covering any contingencies or emergency situations that may degrade or impact the quality of the Town's drinking water supply, Lake Cochichewick. The Guarantee shall be in the form of a bond 3 1003 Osgood Street, LLC 1003 Osgood Street Map, 35, Lot 50 Site Plan Review - Special Pennit Modification acceptable to the Town made payable to the Town of North Andover escrow account and will be held in perpetuity. Should the property be sold or transferred, the Planning Department will require that a bond be posted by the new owner and to be held in perpetuity. Said bond will only be utilized for the purposes stated above. 5) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT A) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. D) To ensure the continued protection of the health and welfare of the residents of North Andover and lessen the probability and possibility of contamination and incident to the Town's primary source of drinking, the applicant shall be required to submit to the Planning Department a comprehensive Emergency Response Plan and Maintenance Procedures. The Planning Board shall review and approve said plan. The final plans must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. Failing submission of required Emergency Response Plan within 90 days will render this Special Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be distributed to the Town's Fire Department, Police Department, Planning Department, and the project site where the document(s) will be kept on file and easily accessible in case of an emergency. 6) DURING CONSTRUCTION A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt, wood, construction material, etc.) and must be shown on a plan and reviewed and approved by the Town Planner. The developer will make every effort to locate stockpiles on the site away from the Lake Cochichewick. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts to Lake Cochichewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded. C) 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. E) The Town Planner will perform bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 7) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) The applicant must submit a letter from the architect and engineer of the project stating that the 4 V ,1 1003 Osgood Street, LLC 1003 Osgood Street Map, 35, Lot 50 Site Plan Review - Special Permit Modification building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the applicant and/or property owner may provide a bond, determined by the Planning Board; to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to anticipated occupancy. B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. C) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. D) The applicant shall be required to submit a Water Quality Testing Program to the Planning Department. The Town Planner shall review and approve said plan. Said program will detail the location of testing sites and specify the methodology used for testing. The applicant will provide a report every six (6) months to the Planning Department presenting the water quality results and inspections of the on-site drainage facilities. E) Emergency Response Plan to be filed and posted in obvious place such as Fire Department, Police Department and Planning Department. 8) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as -built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to the Planning Department. C) A copy of an executed copy of the "Agreement of Easement" for the Parking and Driveway Easement shown in the plans referenced in Condition 9(M) between the owner of the 1025 Osgood Street and 1003 Osgood Street, LLC, owner of 1003 Osgood Street shall be submitted to the Planning Department. Said agreement shall be recorded at the Registry of Deed and a copy of the recording be submitted to the Planning. 9) GENERAL CONDITIONS A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one years from the date of planting shall be replaced by the project owner. B) Should the Project Owner transfer the project, the buyer shall meet with the Planning Board to update the Board on the status of the project. 5 1003 Osgood Street, LLC 1003 Osgood Street Map, 35, Lot 50 Site Plan Review - Special Permit Modification C) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. D) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. E) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. F) No underground fuel storage shall be installed except as may be allowed by Town Regulations. G) All blasting shall be in complete compliance with regulations and procedures required by the North Andover Fire Department. H) 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. 1) 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. J) Any revisions shall be submitted to the Community Development Director for review. If these revisions are deemed substantial, the developer must submit revised plans to the Planning Board for approval. K) This Special Permit approval shall be deemed to have lapsed two years after March 20, 2007, exclusive of the time required to pursue or await determination of any appeals! unless substantial use or construction has commenced within said two year period or for good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun renovation of the existing structures. Moreover, any delay arising from the need to obtain a Special Permit from the Zoning Board of Appeals regarding the pre-existing non -conforming status of the original structures, or any other permits and the time required to pursue or await determination of any appeals shall constitute good cause. M) The following information shall be deemed part of the decision: Plan titled: Site Development Plans for Lakeview Farm Development 1003 Osgood Street North Andover Massachusetts 01845 Prepared for: 1003 Osgood Street LLC. o 160 Pleasant Street, o North Andover, MA 01845 Prepared by: MBF Design Consultants, Inc. CCA= � TJ 103 Stiles Road,Suite One Salem, NH 03079 o =- Scale: 1" = 20'f -o m Date: August 10, 2006, revised 8/28/06, 1/22/07, and 2/28/0�1;,�2/07. N � Sheets: 1— 9, Truck Turning Plan 1 of 1, and Landscape Plan 1,_2 N 4�° cc: Director of Public Works Building Inspector 6 1003 Osgood Street, LLC 1003 Osgood Street Map, 35, Lot 50 Site Plan Review - Special Permit Modification Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File Town of North AndoverNORTH s Of tt�co ,6 q.(.O Office of the Planning Departmejnt 3= `° Community Development and Services !Div � 27 Charles Street S ._ * '` 4 K. � �.� North Andover, Massachusetts 01845 , ; ,, ; ^ -� sACHO Telephone (978) 688-9535 Fax (978) 688-9542 Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Notice Of Decision Date: January 12, 2004 Date of Hearing: September 23, 2003, October 7, 2003, October 21, 2003, November 6, 2003,November 25, 2003, December 2, 2003, January 6, 2004 Petition of.: Thomas Properties, LLC, 231 Sutton Street, North Andover, MA 01845 Premises Affected: 1003 Osgood Street Referring to the above petition, for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw Section 4.136. So as to allow: the renovation and expansion of an existing structures at 1003 Osgood Street, as shown on Assessors Map 35, Lot 50. The renovated structures will accommodate 13,000 square feet (+/) of office space and four (4) renovated residential apartments for a total building size of 17,843, square feet.. After a public hearing given on the above date, the Planning Board voted to APPROVE, the Site Plan Review Special Permit,. based upon the following Acond's:Cc: Applicant SignedEngineer Heidi GTown Planner Abutters on I DPW Alberto Angles, Chairman Building Department George White, Vice Chairman Conservation Department Felipe Schwarz, Clerk Health Department John Simons ZBA Richard Nardella James Phinney, Associate Member BOARD OF APPBAL.S 688-9541 BUILDING 688-9545 CONSEM ATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1003 Osgood Street Special Permit - Watershed Protection District The Planning Board makes the following findings regarding the application of Thomas Properties, LLC, 231 Sutton Street, North Andover, MA 01845, who submitted this application on August 22, 2003. The area affected is located on Osgood Street in the B-2 Zoning District, Map 35, Lot 50. The applicant is requesting a watershed special permit for the renovation and expansion of an existing structure to accommodate 13,000 square feet (+/-) of office use, four residential apartments, a youth soccer field and associated parking within the Non -Discharge and Non -Disturbance Buffer Zone of the Watershed Protection District. Specifically, work within the Nan -Disturbance Zone will include stormwater management including surface and subsurface discharge, drainage pond outlet, and grading associated with both the stormwater system and proposed soccer field. No homes, impervious areas or driveways of any kind have been proposed within this zone. Work within the Non -Discharge Zone will include renovation and addition to the existing structure, construction of associated parking, landscaping, utilities, associated retaining walls and site grading. Additional work in the Non -Discharge Zone includes stormwater management as surface and subsurface discharge, drainage structures and associated grading. FINDINGS OF FACT: In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts: a) The proposed structures will be connected to the Town sewer system; b) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to conAmct/renovate the structure and appurtenances; 2. There is no reasonable alternative location outside the Non -Disturbance Buffer Zone, Non - Discharge Zone and Conservation Zone for any discharge, structure or activity, associated with the proposed project. All structures, impervious areas and utilities are shown in areas that are allowed by right under Section 4.136 of the North Andover Zoning Bylaw. The stormwater management facilities have been located as to minimize the grading and earthwork required to complete the project and restore vegetative cover as quickly as possible. 1 1003 Osgood Street — Watershed Special Permit In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the use is less intensive than the surrounding general business and industrial uses; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: i) A set of plans entitled "Site Plan Review and Special Permit plans for 1003 Osgood Street North Andover, Massachusetts 01845"; prepared for Thomas Properties LLC 231 Sutton Street North Andover, Massachusetts 01845; prepared by MHF Design Consultants 103 Stiles Road, Suite One, Salem NH 03079, consisting of sheets 1 through 9, dated August 15, 2003 and revised as of December 17, 2003 and sheets L 1 through L2 prepared by Huntress Associates, 17 Tewksbury Street, Andover, MA 01810, dated August 15, 2003. u) A Traffic Study prepared by DJK Associates entitled "Traffic Impact & Access Study, Dated August 14, 2003. iii) Drainage calculations entitled "Stormwater Management Drainage Calculations and Best Management Practices"; prepared by MHF Design Consultants; dated August 15, 2003. iv) Architectural drawings prepared by Woodman Associates, Inc. Ground and first floor Plans 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. 2 1003 Osgood Street — Watershed Special Pennit 2) PRIOR TO ANY WORK ON SITE: a) A performance guarantee often thousand dollars ($10,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. b) The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the. Town Planner. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. d) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. e) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. 3) Foundation Plan: Immediately upon completion of the addition foundation and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R-P.L.S.) which accurately depicts the foundation location and its proximity to wetland resource areas and watershed buffer zones as shown on the approved Watershed Site Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) The plans and hydraulic calculations for each fire sprinkler system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each system must also be supplied to the Building Department. 5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction, a copy of the deed shall be submitted to the Town Planner and included in the file. b) The building must have any and all fire sprinklers installed in accordance with the Massachusetts General Laws Chapter 148 Section 26. Certification that the systems have been installed properly and in accordance with the above referenced regulations must be provided from the North Andover Fire Department. 3 1003 Osgood Street — Watershed Special Permit 6) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND: a) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features. This as -built plan shall be submitted to the Town Planner and the Department of Public Works for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved Plan - b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 7) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition # 1. 8) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 10) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 11) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit, exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two year period or for good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun renovation of the existing structures. Moreover, any delay arising from the need to obtain a Special Permit from the Zoning Board of Appeals regarding the pre-existing non -conforming status of the original structures, or any other permits and the time required to pursue or await determination of any appeals shall constitute good cause. cc: Applicant File 4 1003 Osgood Street — Watershed Special Permit BD Town of North Andover Office of the Director Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Division Director Heidi Griffin August 4, 2002 Mr. David Boudreau, Vice President Warren Five Cents Savings Bank P.O. Box 6159 Peabody, MA 01961-6159 RE: Project Eligibility Letter, Chapter 40B Thomas Properties, LLC, 1003 Osgood Street Dear Mr. Boudreau: Telephone (978) 688-9531' Fax (978) 688-9542 We are in receipt of your letter dated July 18, 2002 whereas Thomas Properties, LLC is requesting funding from your institution for their 40B project at 1033 Osgood Street. Pursuant to your request, below listed please find our comments relative to the proposed project. Please note these comments are based on the site approval application, with accompanying conceptual site plans submitted from Thomas Properties, LLC. Promixity to Town's Drinking Supply: The proposal is located within approximately 330' feet of the town's drinking water supply. This means that the project falls into the town's Non -Discharge Zone of the town's watershed protection district. Essentially, any work proposed in this zone would normally require a special permit from the Planning Board. The town recognizes that the applicant is exempt from town's zoning bylaws; nonetheless, the town STILL maintains taking a firm stand in protection of the town's drinking water supply as this is a public health issue for the Town of North Andover. As such, the town will still perform an extremely rigorous review of the development and will want the applicant to demonstrate, beyond the shadow of a doubt, that the proposal will not harm the drinking water for the town. As this project is located in such a critical zone, the applicant will need to demonstrate the following to ensure the town's drinking water supply will be protected: ➢ Written certification from a registered engineer stating there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochiewick; ➢ Proof there is no reasonable alternative location outside the Non -Discharge Zone for any discharge, structure or activity associated with the proposed use to occur; ➢ Evidence that all on-site operations including but not limited to construction, waste water disposal, fertilizer application and septic systems will not create concentrations of nitrogen in groundwater greater than the federal limit at the downgradient property boundary; and ➢ Projections of downgradient concentrations of nitrogen, phosphorus and other relevant chemicals filat property boundaries and other locations deemed pertinent. AUG 13 2002 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 . BOARD OF APPEALS Development within so close of a proximity to the town's drinking supply is a major concern as all runoff will run directly into the Lake the way the topography of the land is located. As such, the applicant will need to demonstrate that sufficient best management practices will be utilized in order to ensure that the runoff will not lead directly to the town's drinking supply. The proposed buildings are approximately 280' away; the associated impervious areas for the necessary parking is extremely disconcerning as this pavement will possibly sheetflow the runoff directly into the Lake. The Town of North Andover will protect the town's drinking water supply, and the public health of the inhabitants of the town regardless of whether or not this project is filed through the 40B process or not. 2. Pro -Forma Information: The bulleted items listed within the pro -forma information produced items of question/and or concern: Proposed Cost of Market Rate Units: The proforma indicates that the market rate units will sell at an average sale price of $392,700. Yet the information provided within the market analysis summary under both sections entitled "current condominium listings" and "sold and off - market condominium listings" for the Town of North Andover clearly indicate otherwise. The highest price paid for a condominium within the Town of North Andover according to the documentation submitted by the applicant indicates a sales price of $357,700; the two next highest units sold in price closest to that are $350,000 then dropping to $310,000. Furthermore, the documentation does not provide a true comparison as there is no information available under the section entitled "sold and off -market condominium listings" depicting a comparison of square footage or garage information on the units proposed that are sold. It would appear as though this market information would be more accurate and helpful if utilized directly from the Town of North Andover vs. the Town of Andover as the highest prices paid for recently sold condominiums in the Town of Andover was $900,00 and $650,000. Thus, it appears as though the projected sales for the market rate units is overestimated. • Estimates on Proposed Soft/Hard Costs: The Town of North Andover was curious as to if the bank requires actual estimates from the expenses listed. For example, will the applicant provide to you copies of estimates from an engineer on the engineering costs, architect for the architectural costs, etc. or is the applicant's proposal just taken at face value? The Town thinks it would be prudent for the bank to require such proof of proposed soft/hard costs to obtain an accurate estimate of proposed costs to justify they do not surpass the net profit of 20% allowed. Finally, the applicant has listed municipal bonding as a soft cost. Often times, developers, particularly when going through the 40B process, post a surety bond versus a cash bond that is typically required. As you're probably aware, surety bonds do not require an applicant posting the entire bond amount of the bond. Based on that, it would appear their proposed bonding costs are overestimated; however if the applicant indicates to you and the town they are willing to post a cash bond vs. a surety bond this estimate would be accurate. Also, it is somewhat unclear why the applicant would again list construction bonds and bond performance and payment under their hard costs also and how those amounts have come to be estimated. 3. Traffic: The major concern relative to traffic would be entering and exiting the site. Osgood Street, also known as Route 125, is an extremely busy roadway; the proposal is situated between two existing traffic lights making left -turns in particular a potentially hazardous traffic situation. Traffic studies need to be provided by the 4pplicant to analyze existing traffic counts and recommendations from a traffic consultant revealing the proposed Levels of Service for left and right-hand turns, and associated traffic mitigation based upon those results will need to be thoroughly examined. The above comments essentially summarize the town's concerns at this point of the project. As stated above, the biggest concern at this point would be protection of the town's drinking supply and analyzing the proforma documentation provided to ensure that the proposed salesand costs provided are respectively reflective and accurate of what has been proposed vs. the actual. We thank you for providing us with the opportunity to comment. Sincerely, Rosemary Smedile Chairperson, North Andover Board of Selectmen cc: Robert W. Levy Eckert Seamans Cherin & Mallott One International Place, Eighteenth Floor Boston, MA 02110 Heidi Griffin, Community Development Director North Andover Zoning Board of Appeals North Andover Planning Board . North Andover Conservation Commission V Town of North Andover Office of the Director Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Division. Director Heidi Griffin MEMORANDUM TO: Mark H. Rees, Town Manager FROM: Heidi Griffin, Community Development & Services Director RE: 40B Summary of Activity DATE: August 5, 2002 Pursuant to your request, I have addressed the following items: 1. Summary of Comprehensive Permit Activity in North Andover: Telephone (978) 688-9531 Fax(978)688-9542 • Kittredge Crossing: Approved/finalized by ZBA on 10/24/01 (exempt from 9/1/2001 changes to housing law) —filed back in April 2001; 126 units of condominium housing; 31.5 units of affordable housing; Estimated start date for construction: October 1, 2002 • Smolak Farms/Meetinahouse Commons: Site Eligibility Letter issued prior to September 1, 2001 (exempt from 9/1/2001 changes to housing law) Approved/finalized by ZBA on 4/24/02; 88 units of 55 and older housing/ 25% affordable= 22 units affordable; estimated start date for construction: April of 2003 — they are still going through the Mass. Environmental Protection Agency process for a sewer extension permit. • The Meadows: Proposed 270 units of condorniniumhownhouse housing; would allow for a minimum of 67.5 units of affordable housing. This project is pending -in front of the Zoning Board of Appeals where the applicant will make their first presentation at the ZBA Meeting on August 13, 2002. All review memorandums from departments heads on this project are enclosed in this packet as well as a draft letter for your consideration to'be sent from the Board of Selectmen to the Zoning Board of Appeals outlining the Board of Selectmen's areas of concern.. Site Eligibility Letter issued April 16, 2002 ( not exempt from 9/1/2001 changes to housing law) • 1033 Osgood Street: Enclosed in your packet is a copy of a site approval letter from the sponsoring financial institution as well as a draft letter for your consideration to be sent to the bank responding to their request for comments. Proposed 17 units of condominium housing located adjacent to Treadwell's Ice Cream Stand. Applied for Site Eligibility Letter with Warren Bank of 7/17/02; will probably be issued by bank on or prior to 8/17/02. (not exempt from 9/1/2001 changes to housing law) • Forest Street: Proposed 8 units of condominium housing. Will yield minimum of 2 affordable units. Site eligibility letter in process of being issued. (not exempt from 9/1/2001 changes to housing law) �od� D AUG BEA DZPZ 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 BOARD OF APPEALS 2. Town of Norton Letter Regarding Revisions to the Housing Regulations (40B)• The enclosed letter from the Town of Norton was sent to communities within the Commonwealth to enlist their recruitive efforts on their proposed revisions to the Housing Regulations. They had hired their Town Counsel to perform a review of the of the Housing Law as it exists and their suggested proposed changes. The Town of North Andover should concur with their proposed revisions as their revisions are issues that North Andover has faced. The revisions the Town of Norton proposes that are most useful to North Andover are: • Propose the Planning Board be the special permit granting authority vs. the Zoning Board of Appeals; • Propose the waivers be limited to zoning bylaws and subdivision regulations so a community can control its own destiny on 40B applications as they relate to water and sewer; and only dimensional waivers be granted on local wetland bylaws and health regulations only if applicant can establish waivers will be granted without adversely impacting the environment; • Propose an applicant can only make a 10% profit on the development vs. the current 20% profit currently allowed (more consistent with typical development); e Propose the figure of affordable housing for a community be reduced from 10% to the proposed number of 8%. • Propose the percentage of affordable units in a development be increased from 25% to 35%. • Allow any units in a 40b development be counted towards the mandated 10%; not just rentals, but sale - based also. • Propose a ZBA be allowed to hire consultants it deems reasonable and have applicant pay as allowed under c. 44 section 53G (as in other application processes with land -use boards). The above issues are critical issues the Town of North Andover faces in addressing 40B developments and we should encourage these changes through our legislative process as the Town of Norton suggests. Furthermore, the Town of Norton has done.a comprehensive analysis in conducting these proposed revisions and they certainly would benefit North Andover. As Norton's studies are so comprehensive, I have no additional revisions to propose as they are general in nature to the housing regulations but yet address critical issues in North Andover as well. 3. Creation of Commission on Housing Issues: Many towns throughout the Commonwealth have created committees/commissions to address housing issues in their towns to address such issues as long-term growth, affordable housing, and balanced growth. This provides the town with a dual role: it allows the town to achieve bonus points on their annual certification to the Department of Housing and Community Development, and the committee also provides specific recommendations to address these types of housing issues within a community. The committee could also work in conjunction with the goals and objectives provided to obtain in the $30,000 worth of grant monies we have received from DHCD to address the affordable housing shortage to ensure their goals do not overlap. I have drafted a resolution as listed below: WHEREAS, The Town of North Andover remains concerned with their ability to manage growth and provide quality public services without over -taxing our residents; WHEREAS, The Town of North Andover must shape and direct growth so that new housing respects our historic identity and natural resources, especially near Lake Cochiewick, and uses public utilities efficiently; WHEREAS, the Town of North Andover's zoning bylaw encourages affordable housing development through Planned Residential Development with negotiated density bonus for qualified projects vs. simply building affordable housing through the 40B process; WHEREAS, the Town of North Andover acknowledges that the high cost of North Andover homes makes affordability an issue of concern; WHEREAS, the Town of North Andover's housing stock is comprised of several housing types that differ architecturally and by development pattern which reflect our community's agricultural roots; L1� J WHEREAS, the Town of North Andover has a need to form a Commission on Housing Issues to address the need for controlled and well-planned residential growth because the Town's environmental and fiscal health depends on a balanced alignment of population, demand and revenue; SO HEREBY A COMMISSION ON HOUSING ISSUES IS ESTABLISHED within the Town of North Andover. Said Commission shall: a. Consist of seven members appointed by the Board of Selectmen of which at least one member shall also be a member from the following town committees: Planning Board, Zoning Board of Appeals and the North Andover Housing Authority. The Town's Director of Community Development and Services and the Town Planner shall serve as ex officio members of the Commission. b. Be a non -permanent Commission that will cease to exist after the completion of its duties and responsibilities. C. Make recommendations to the Board of Selectmen on the following: i) As to how the town can maintain and expand the diversity of housing in North Andover; ii) Develop a strategy to best comply with applicable state laws regarding housing while still adhering to the goals and policies of the Town of North Andover Master Plan iii) Identify potential areas for all types of housing opportunities for low, moderate and middle-income households including single-family, two-family, multi -family, and age restricted units by location (street address), type and quantity. Identify areas where buildings that may be suitable for reuse or division into multi -family or mixed-use units are located. iv) Discuss current and future housing demand, considering demographic trends, market conditions, housing costs, fit between characteristics of existing supply and various population groups. V) Discuss techniques to preserve the town's base of older housing stock and to provide housing stock diversity through reuse/redevelopment of existing residential and non-residential buildings; and vi) Summarize above listed housing findings and make specific recommendations which address the town's need for housing in concert with the goals and policies of the Town of North Andover Master Plan. d. Conduct at least one public hearing and report back to the Board of Selectmen with its finding within 180 days of the appointment of the Commission by the Board of Selectmen. 4. Town of North Andover's Subsidized Housing Inventory and DHCD's List of Qualifying Programs to be Placed on North Andover's Subsidized Inventory Earlier this week I met with a member of the Board of Selectmen and pursuant to their request I am enclosing a list of North Andover's Subsidized Housing Inventory and what projects currently total our 5.35% of affordable housing. I am also enclosing the Department of Housing and Community Development's definitions of which projects are eligible to be placed on that list as their definitions currently allow. ojll` ti n�S , P r ooe up) i+, \\ Town of North Andover Office of the Planning Department F Community Development and Services Division 27 Charles Stre(IL '- Nc,rth An�jcwr.r, 1\�tass:u-husetts 018-45 `J TcL1�p�i�ne (975) 688-9535 Fax (978) 688-9542 Any appeal shall be filed 'Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Notice Of Decision Date of Hearing: September 23, 2003, October 7, 2003, October 21, 2003, November 6, 2003,November 25, 2003, December 2, 2003, January 6, 2004 Petition of: Thomas Properties, LLC, 231 Sutton Street, North Andover, MA 01845 Premises Affected: 1003 Osgood Street Referring to the above petition for a Site Plan Review Special Permit. The application was determined to be complete and was noticed and reviewed in accordance with the Sections 8.3, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec.9 So as to allow: the renovation and expansion of an existing structures at 1003 Osgood Street, as shown on Assessors Map 35, Lot 50.The renovated structures will accommodate 13,000 square feet (+/-) of office space and four (4) renovated residential apartments for a total building size of 17,843, square feet.. After a public hearing given on the above date, the Planning Board voted to APPROVE, the Site Plan Review Special Permit, based upon the following conditions: ' Cc: Applicant Signed:'� � ,G•� Engineer Heidi Griff ; Acting Town Planner Abutters on behalf of. DPW Alberto Angles, Chairman Building Department George White, Vice Chairman Conservation Department Felipe Schwarz, Clerk Health Department John Simons .7 A, Richard Nardella James Phinney, Associate Member BOARD OF. -VITALS 688-9541 BUTLDING 688-9545 CONSERVATION'688-95:0 HEALTH 688-9540 PL.k KING 688-9535 1003 Osgood Street Site Plan Review - Special Permit The Planning Board hereby approves the Special Permit/Site Plan Review for the renovation and expansion of an existing structures at 1003 Osgood Street, as shown on Assessors Map 35, Lot 50. The renovated structures will accommodate 13,000 square feet (+/-) of office space and four (4) renovated residential apartments for a total building size of 17,843 square feet. Thomas Properties LLC, 231 Sutton Street, North Andover, MA 01845, requested this Special Permit/Site Plan Review on August 22, 2003. -The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the Business Two (B-2) Zone and the use is professional/medical office with associated multi -family residential. 2. The use as developed will not adversely affect the neighborhood as the project is less intensive that the surrounding general business and industrial land uses. Also, the applicant has proposed to preserve and renovate the existing structures, helping to maintain the historic character of the site and the surrounding views toward Lake Cochichewick. The project also offers a public benefit to the site through the construction of an Y/10 soccer field. 3. There will be no nuisance or serious hazard to vehicles or pedestrians as indicated by the Traffic Impact & Access Study performed by Dermot J. Kelly Associates, Inc. and reviewed by the Town's Outside Engineering Consultant, Vanasse Hangen Brustlin, Inc. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw. 5. The site drainage system is designed in accordance with the Town Bylaw requirements. The drainage calculations submitted by MHF Design Consultants were reviewed with the Town's Outside Engineering Consultant, Vanasse, Hangen, Brustlin, Inc. and deemed to be acceptable. 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 and for Special Permits as stated in Section 10.3 of the Zoning Bylaw. 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The facility will be connected to the municipal sewer system in the Town of North Andover. 8. The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw. Finally, the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3(5) and (6) subject to the following conditions. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: ii) The "Plans" refer to the plans prepared by MHF Design Consultants dated August 15, 2003 and last revised December xx, 2003, entitled "Site Plan review and Special Permit Plans for 1003 Osgood Street North Andover, Massachusetts" consisting of Sheets 1 through xx and L1 through L2. iii) The "Project" or "1003 Osgood Street" refers to the development of 13,000 square feet of office and four residential apartments at the Locus in accordance with the Plans and the instant Special Permit. iv) The "Applicant' refers to Thomas Properties LLC, the applicant for the instant Special Permit. v) 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. 1) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: A) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. B) Prior to endorsement of the plans the affordable unit criteria will be established to the board for one unit. 2) PRIOR TO THE START OF CONSTRUCTION A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. E) A pre -construction meeting must be held with the developer, their construction employees and the Planning Department to discuss scheduling of inspections and inspections to be conducted on the project. F) The developer must secure any necessary special permits required under the Zoning Bylaw for the continued pre-existing non -conforming status of the original structures from the Zoning Board of Appeals. The developer shall inform the Planning Department/Planning Board of the. final decision of the Zoning Enforcement Officer/ZBA, and provide revised plans as needed. G) The developer shall provide the Planning Board with copies of permits, plans and decisions. =r received from the Conservation Commission. In accordance with General Condition 7(k) below, should the Community Development Director find that plans approved by the Conservation r Commission substantially differ from the approved plans of the Planning Board, the developer is , 1003 Osgood Street Special Permit Approval 2 required to present the changes through a public hearing to the Planning Board for a modification., to site plan approval. 3) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT A) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. 4) DURING CONSTRUCTION A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. C) 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. . 5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) The building must have any and all fire sprinklers installed in accordance with the Massachusetts General Laws Chapter 148 Section 26. B) The applicant must submit a letter from the architect and engineer of the project stating that the .: building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the applicant and/or property owner may provide a bond, determined by the Planning Board, to cover the full amount of the landscaping materials and installation if weather. conditions do not permit the completion of the landscaping prior to anticipated occupancy. C) The Planning Staffshall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. 6) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as -built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to the Planning Department. B) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve.l the natural features of the site. If any tree cutting occurs outside of the no -cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the Zoning Bylaw. C) The soccer field shall be available for public use as agreed upon by the Town of North Andover Fields Committee and the Owner. Because the parking associated for office use will also serve the soccer fields, use of the soccer field will be limited to the following hours: Monday through Friday 5:30pm to dusk, and Saturday/Sunday 8:00am to dusk. This site plan review approval shall not be construed as an agreement for use of the fields. Any agreement shall be negotiated between Town and the owner, and may be subject to renewal on an annual basis as agreed upon for a nominal fee, s $1.00 per year by both parties. D) Should the Project Owner transfer the project, the buyer shall meet with the Planning Board to update the Board on the status of the project. E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. F) Gas, Telephone, Cable and Eieciric uiiiides snail be insiaiied underground as specified by the respective utility companies. G) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. H) No underground fuel storage shall be installed except as may be allowed by Town Regulations. I) All blasting shall be in complete compliance with regulations and procedures required by the North Andover Fire Department. 3) 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. K) 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 as provided in General Condition 7(k) below. L) 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. M) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit, exclusive of the time required to pursue or await determination of any appeals,, unless substantial use or construction has commenced within said two year period or for good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun renovation of the existing structures. Moreover, any delay arising from the need to obtain a Special Permit from the Zoning Board of Appeals regarding the pre-existing non -conforming status of the original structures, or any other permits and the time required to pursue or await determination of any appeals shall constitute good cause. N) The following information shall bedeemed part of the decision: i) A set of plans entitled "Site Plan Review and Special Permit plans for 1003 Osgood Street North Andover, Massachusetts 01845'; prepared for Thomas Properties LLC 231 Sutton Street North Andover, Massachusetts 01845; prepared by MHF Design Consultants 103 Stiles Road, Suite One, Salem NH 03079, consisting of sheets 1 through _ � 9, dated August 15, 2003 and revised as of December 17, 2003 and sheets Ll through L2 ' 1003 Osgood Street Special Permit Approval 4 A Truo eo;Yi` Town prepared by Huntress Associates, 17 Tewksbury Street, Andover, MA 0 18 10, dated August 15, 2003. ii) A Traffic Study prepared by DJK Associates entitled "Traffic Impact & Access Study, Dated August 14, 2003. iii), Drainage calculations entitled "Stormwater Management Drainage Calculations and Best Management Practices"; prepared by MHF Design Consultants; dated August 15, 2003. iv) Architectural drawings prepared by Woodman Associates, Inc. entitled ".... cc: Director of Public Works Building Inspector r. Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File VS 4 a°eTN 0 0 Zoning Bylaw Review Form Town Of North Andover Building Department * 9 27 Charles St. North Andover, MA. 01845 s"SSE Phone 978-688-9545 Fax 978-688-9542 Street: 0 b .. c)S o S C�'z . .... Map/Lot: M rM - 3 y 1.ort - s'a F3 - 2 Za,crE Applicant: -M-0hn rrs'V rte_ LL G , .. Re uest: Lot Area Date: �p�►.�u z.3 2<x Please ne advised that atter review of your Application and Plans that your Application is DENIED -for -the following Zoning Bylaw reasons: Zoning ;uawue aQ uipng Item Notes Item Notes A Lot Area peMuluoz F Frontage a�ld 1 Lot area Insufficient 1 . Frontage Insufficient . 2 Lot Area Preexisting cS 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use . 5 No access over Frontage 1 Allowed L --S G Contiguous Building. Area 2 Not Allowed 1 I Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum e� 2 Front Insufficient - t3 2. 1 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient l Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D 1.. Watershed -Not in Watershed 3 4 Coverage Preexisting Insufficient Information ye -g 2 In Watershed J Sign MaT 3 Lot prior to 10/24/94 C-5 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies ;uawue aQ uipng Ieouotsuossiw00 lH uw}sNaoM ollgnd;oae a u�uau4e30ldl uoltenJasuoCs peMuluoz ao!lod 4tleaH a�ld :ol pai.lajaa Plan Review Narrative The following narrative is provided to further explain the .reasons for DENIAL forthe APPLICATION for the property indicated on the reverse side: _ ' HUNTRESS ASSOCIATES i. LANDSCAPE ARCHITECTURE & LAND PLANNING Wednesday, February 11, 2004 Mr. Walter Soule, Acting Chair North Andover Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 Re: 1003 Osgood Street — Variance Application. Dear Mr. Soule: On behalf of Thomas Properties LLC, we are please to provide the attached Variance application regarding the renovation and expansion of the existing structure at 1003 Osgood Street. The following is a brief description of the proposed project, existing property, and the specific requirements to be met for the issuance of the Variance as requested. 1. Description of Proposed Project: The proposed project will entail the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet (+/-) of professional office space and four renovated residential apartments. The existing farmhouse is seven (7) feet from the front property line. The proposed addition to the rear of the existing building meets all required setback and will be less than 35' in height. Description of Premises: The site is improved with an existing farmhouse, barn, driveways and open fields. The primary use is residential, and the property contains approximately 3.20 +/- acres. 3. Variance Application - Written Documentation: a. The particular use proposed for the land or structure. The existing use is residential. The proposed mix of office and residential uses are allowed by right in the Business Two (B-2) Zoning District. b. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the variance is sought which does not generally affect the zoning district in which the property is located. The structure is existing, and provides an attractive view given it's traditional architectural style and location. Further, the property is within the Lake Cochechewick Watershed Protection District, and although the existing structures are outside the 250 non -disturbance zone, a significant portion of the site is located within that zone. 17 Tewksbury Street, Andover MA oi8io 978.470.8882 978.470.889op f Mr. Walter Soule 02/11/2004 Page 2 of 2 C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. If the variance is not granted the existing structures would have to be demolished. By maintaining the existing building in its present location and height, we can minimize impact to the 250' non -disturbance zone of the Watershed Protection District. Literal enforcement of the front yard setback would result in a new building, with pavement and grading encroaching closer to Lake Cochichewick d. Facts relied upon to support a finding that relief sought will be desirable and without substantially detriment to the public good. By granting the relief requested in this petition the existing structure will be preserved and renovated. It is our opinion that this structure provides a unique aesthetic quality/character to the surrounding neighborhood given its architectural style and setting. e. Facts relied upon to support a finding that the relief sought may be given without nullifying or substantially derogating from the intent or purpose of the ordinance. The renovation/expansion of the existing structure complies with all other dimensional and use restriction of the North Andover Zoning Bylaw. The use in allowed by right in the B-2 Zoning District, and the proposed addition complies with all setback and height requirements. E Submit RDA from the Conservation Commission when Contiguous Buildable Area is applied for in ZBA application. N/A We are confident that the plans and supporting information we have submitted are in keeping with the general intent of the North Andover Zoning Bylaw, and are in the best interest of the neighborhood and the Town of North Andover. For these reasons, we request that the Zoning Board of Appeals issue a Variance allowing the existing structure to remain in place. We appreciate your time and consideration with regard to this matter and we look forward to working with you throughout the approval process. Please feel free to contact my office with any further questions or concerns. Sincerely, HjyjnjVress A socia s, Inc. C esti C. Hun ss Landscape Architect Cc: Thomas Properties LLC Woodman Associates, Inc. NH-lF Design Consultants Feb 10 04 01:24p Huntress nssociates 19784708890 p.1 YOL Abutter to Abutter ( J Building Dept. ( ) Conservation ( ) zoning ( ) Town of North Andover r� Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Partles in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters two abutters within three hundred (300) feet of the property line of the petitioner as they appear on the m&t�recent applicable tax list, not withstanding that the land of any such owner is located in another city or t;n; the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 35 50 Thomas Properties, LLC 1003 Osgood Street No Andover, MA 01845 Abutters Proewes Map Parce/ Name Address 35 15 Vincent Grasso 10 Commerce Way 35 16 Airport Commision City of Lawrence 35 20 Goodwin Trust 1025 Osgood Street 35 21 Town of North Andover 120 Main Street 35 23 Town of North Andover 120 Main Street 35 27 Angus Realty Corp 1077 Osgood Street 35 28 Town of North Andover 120 Main Street 35 29 R&M Realty Trust 1060 Osgood Street Go David Samuel 35 44 Town of North Andover 120 Main Street 35 47 VJ VK, Inc 1070 Osgood Street c/o Chai Thai Restaurant 35 49 Airport Commision City of Lawrence 35 108 Cochichewick Realty Trust Great Pond Road N. Andover, MA 01845 Lawrence, MA 01841 N. Andover, MA 0184 — Irk"' N. Andover, MA 01845 / N. Andover, MA 01845 �� per-✓ N. Andover, MAO 1845" N. Andover, MA 01845 4 ? e 1✓ 1 N. Andover, MA 01845 f' f/ N. Andover, MA 01845 1-P N. Andover, MA 01845 Lawrence, MA 01841 N. Andover, Andover, MA 01845 �re�ltVin 74 5 John Ferreira 980 Osgood Street N.Andover, MA 01845 L/ 74 6 Airport Commision City of Lawrence Lawrence, MA 01841 L 11. Crtified b Gard of Assessor North AZ r Date 1113/04 Page 1 of 1 s, Cl �0;,nc:e6 &eJ P5J L� new. dow - ' /D D 3 655v'J Sf, t l 3 5 v i cl746— 3X)—b 4-0 No.: �1 Date TOWN OF NORTH ANDOVER BUILDING DEPARTMENT Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $, - - Building laspector ZBA 182 x .. Date ... ................. r TOWN OF NORTH ANDOVER RECEIPT This certifies that ...1..�1.Q.N1�.��... t' Q. Y?r.f ..P..S..3... .! �»..... has paid...�.t.......G .'4....... -.....c� ....................... for .. 12. ..-3..:. y. ..... .1 ............ Val ...................... Receivedby ...... i...Cl�.......................................... Department..........±........................................................... WHITE: Applicant CANARY: D rtment PINK: Treasurer ZBA 187 Date TOWN OF NORTH ANDOVER RECEIPT This certifies that ....4."! has paid .# .:J A or>.r> G: " ,..... $� ... �..�..'.� ......................................... for .... P03......C� �-1`l1, O77d..... S YPH ...... !........................... Received by ....... Department..... � 6#.................................................................... WHITE: Applicant PINK: Treasurer E Town of Norton Andover A 0 i a i' Office of the Zoning Board of Appeals ,. Community Development and Services Division ZEE FES f � D. Robert Nicetta Building Commissioner 400 Osgood Street A 0: 0 North Andover, Massachusetts 01845 Ms. Christina Minicucci, Project Manager Thomas Properties, LLC P. O. Box 907 North Andover, Massachusetts 01845 RE: Thomas Properties, LLC For premises at: 1003 Osgood Street North Andover, Massachusetts 01845 Regarding your request for a six (6) month extension of your Variance: Telephone (978) 688-9541 Fax (978)688-9542 February 11, 2005 Please be advised that the Zoning Board of Appeals approved a six (6) month extension relative to the premises affected at 1003 Osgood Street, North Andover, Massachusetts, reference attached decision 2004- 005. 004005. The Zoning Board of Appeals voted to extend for a period of six -months the Variance granted by the 2004- 005 decision to and including September 23, 2005(without the extensions, the variances would expire on March 23, 2005 - one year and 20 days after the filing in the Town Clerk's office, taking into account the appeal period.) at the regular February 8, 2005 meeting upon a motion by Richard J. Byers and 2"d by John M. Pallone. Mass. Gen. L., ch. 40A, §10 allows the Variance permit granting authority to "extend the time for exercise of such rights for a period not to exceed six months". Voting in favor: John M. Pallone, Ellen P. McIntyre, Richard J..Byers, Thomas D. Ippolito, and David R Webster. Town of North Andover Zoning Board of Appeals, C/ Ellen P. McIntyre, air 2004-005. M35P50. cc: Town Clerk ZBA file Board of Appeals 978- 688-9541 Building 97"88-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978? a, Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division (; 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978),688-9541 Building Commissioner Fax (978) 688-9542 Upon a motion by Richard J. Byers and 2nd by Joe E. Smith, the Board voted to GRANT a Special Permit from Section 9 of the Zoning Bylaw in order to allow the extension of the existing structure by constructing a proposed 3 story addition per Existing.Conditions Plan, Assessors Map 35 Lot 50, 1003 Osgood Street, North Andover, MA 01845, prepared for: Thomas Properties, LLC 231 Sutton Street, North Andover, MA 01845 sheet no. 2 of 9, and Site Development Plan, Lakeview Farm,. Assessors Map 35 Lot 50, 1003 Osgood Street, North Andover, MA 01845, prepared for: Thomas Properties, LLC 231 Sutton Street, North Andover, MA 01845, sheet no. 3 of 9, Date: August 12, 2003, by Frank C. Monteiro, Registered Professional Civil Engineer #36341 and Christopher Francher, O.L.S. #36116, dated 2/9/04, MHF Design Consultants, hitt., 103 Stiles Road, Suite One, Salem, New Hampshire 03079 and Project: Northpoint, Osgood Street, N. Andover, Project no: 0211.00, Date: 08/15%03, 10/07/03, Revisions: 02/06/04, drawn by: ERG and checked by: JJW, Woodman Associates Architects, 20 Inn Street, Newburyport, MA 01950, drawing nos. A-1, A-2, and A-3; on the condition: 1. The project shall connect to the Town sewer. Voting in favor: Walter F. Soule, Ellen P. McIntyre, Joseph D. LaGrasse, Joe E. Smith, and Richard J. Byers. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw; rather it will preserve a nineteenth century farmhouse and barn. Also, the applicant has satisfied Section 9, of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after, a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule, Vice Chairman Decision 2004-005. M35P50. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 M Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street \' North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978),688-9541 Building Commissioner Fax (978) 688-9542 Any appeal shall be filed Notice of Decision within (20) days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: for premises at: 1003 Osgood Street NAME: Thomas Properties, LLC, 231 Sutton Street HEARING(S): March 9, 2004 ADDRESS: for premises at: 1003 Osgood Street PETITION: 2004-005 North Andover, MA 01845 TYPING DATE: 03-11-04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, at 7:30 PM upon the application of Thomas Properties, LLC, 231 Sutton Street, North Andover, for premises at: 1003 Osgood Street, requesting a Variance from Section 7, Paragraphs 7.3, 7.4, & Table 2; for the front setback and building height of the existing structure; and a Special Permit from Section 9, of the Zoning Bylaw in order to extend the existing structure by constructing a proposed 1 story addition on a conforming lot. The said premise affected is property with frontage on the East side of Osgood Street within the Business 2 (B-2) zoning district. The legal notice was published in the Eagle Tribune on February 23 & March 1, 2004. 4321 The following members were present: Walter F. Soule, Ellen P. McIntyre, Joseph D. LaGrasse, Joe E. Smith, and Richard J. Byers. Upon a motion by Joseph D. LaGrasse and 2°d by Richard J. Byers, the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 18' from the front setback and a dimensional Variance from Section 7, Paragraph 7.4 and Table 2 of the Zoning Bylaw for relief of 12' in height of the existing structure per Existing Conditions Plan, Assessors Map 35 Lot 50, 1003 Osgood Street, North Andover, MA 01845, prepared for: Thomas Properties, LLC 231 Sutton Street, North Andover, MA 01845 sheet no. 2 of 9, and Site Development Plan, Lakeview Farm,. Assessors Map 35 Lot 50, 1003 Osgood Street, North Andover, MA 01845, prepared for: Thomas Properties, LLC 231 Sutton Street, North Andover, MA 01845, sheet no. 3 of 9, Date: August 12, 2003, by Frank C. Monteiro, Registered Professional Civil Engineer #36341 and Christopher Francher, O.L.S. #36116, dated 2/9/04, MHF Design Consultants, Inc., 103 Stiles Road, Suite One, Salem, New Hampshire 03079 and Project: Northpoint, Osgood Street, N. Andover, Project no: 0211.00, Date: 08/15/03, 10/07/03, Revisions: 02/06/04, drawnby: ERG and checked by: JJW, Woodman Associates Architects, 20 Inn Street, Newburyport, MA' 01950, drawing nos. A-1, A-2, and A-3. - Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold• a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 9th of March, 2004 at 7:30 PM to all parties interested in the appeal of Thomas Properties, LLC, 231 Sutton Street, North Andover, for premises at: 1003 Osgood Street, requesting a Variance from Section 7, Paragraphs 7.3, 7.4, & Table 2; for the front setback and building height of the existing structure; and a Special Permit from Section 9, of the Zoning Bylaw in order to extend the existing structure by constructing a proposed 1 story addition on a conforming lot. The said premise affected is property with frontage on the East side of Osgood Street within the Business 2 (B-2) zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on February 23 & March 1, 2004. Legalnotice 2004-005. M35P50. NIT NSj•DC�QJ �p N O N 0 -+n 7Q7= (nN Nt0 D(n�"'.' V1n?D•.. -i m O 9c.< o ��'O y o m'� Ov x. �j .. O �p CO c �O � � m� W r g B.. ���•cDO�cD�3 ° w�m�n-� aon»om-- `°�v?;Z02 M i mac° n y° v o�mn3cr,,° "vw—mom° m ZDZ- m�'yCD omoa� oCmoQ`~.COO D�n3.Imy0��°�.C- Nr—J CQy�m0-40.� N go ��m.°.� n"'�cOo.-.�3co-.i'' =.(0C�r»ydy�`�D�'o�°:.msODr'1�' W moo° �oyDmmo<'yr»�ov 7wNSR5=a 3-400)0-0CD- 5L CD Z CL a C) CDm ° ° Cam r-^� o O o 9oC 03=r CD 0)K- 3, N2MCD; OD °N fDa0) >C.;(n3." -Jrm ° wcuomO 0 �3<m� � "ao�°m mi•in�rn' �0m�°.cn°o°'�p�w�comoN3mc6'c°oo��c°•mA) -,,W �R= °M .ro v?a-'O �(DQOO W Q?n6 �,»w 'wNn� (1w .Q Nr- ii �. v m o� 1� .4 CD o m s v Q c ac° ? sli co ;c m° 2 A Er � m�� Q_ ° � 0 fTl fT'f W P"`1 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 _17,- 02/04/2005 12:30 9783276544 NORTH POINT REALTY PAGE 02/02 THOMAS PROPERTIES; LLC PO Box 907 North Andover, MA 01845 P: 978-327-6540 " F: 978-327-6544 February 4, 2005 Ellen McIntyre, Chair Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 RE: 1003 Osgood Street, North Andover, MA Dear Ms. McIntyre: We are writing to request to be placed on the agenda for the February 8, 2005 meeting of the Zoning Board of Appeals to request an extension of a front set back variance time stamped March 23, 2004. Please let me know if you require any further (information. Sincerely, es, LLC Manager 1 5 FEB 4 - 2U05 BOAR® OF APPEALS Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Tele hone (978) 688-9541 D. Robert Nicetta p Fax (978) 688-9542 Building Commissioner Any appeal shall be filed Notice of Decision within (20) days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: for premises at: 1003 Osgood Street NAME: Thomas Properties, LLC, 231 Sutton Sired HEARING(S): March 9, 2004 ADDRESS: for premises at: 1003 Osgood Street PETITION: 2004-005 North Andover, MA 01,845 - TYPING DATE: 03-11-04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,. at 7:30 PM upon the application of Thomas Properties, LLC, 231 Sutton Street, North Andover, for premises at: 1003 Osgood Street, requesting -a Variance from Section 7, Paragraphs 7.3, 7.4, & Table 2; for the front setback and building height of the existing structure; and a Special Permit from . Section 9, of the Zoning Bylaw in order to extend the existing structure by constructing a proposed 1. story addition on a conforming lot. The said premise affected is property with -frontage on the East . side of Osgood Street within the Business 2 (B-2) zoning district. The legal notice was published in the Eagle Tribune on February 23 & Mare 1, 2004. 4321 The following members were present: Walter F. Soule, Ellen P. McIntyre, Joseph D. LaGrasse, Joe E. Smith, and Richard J. Byers. Upon a motion by Joseph D. LaGrasse and 2°d by Richard J. Byers, the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 18' from the front setback and a dimensional Variance from Section 7, Paragraph 7.4 and Table 2 of the Zoning Bylaw for relief of 12' in height of the existing structure per Existing Conditions Plan, Assessors Map 35 Lot 50,1003 Osgood Street, North Andover, MA 01845, pr ed for: Thomas Properties, LLC 231 Sutton -Street, North Andover, MA 01845 sheet no. 2 of 9, and Site Development Plan, Lakeview Farm,. Assessors Map 35 Lot 50,1003 Osgood Street,•North Andover, MA 01845, prepared for: Thomas Properties, LLC 231 Sutton Street, North Andover, MA 01845, sheet no. 3 of 9, Date: August 12, 2003, by Frank C. Monteiro, Registered Professional Civil - Engineer #36341 and Christopher Franpher, O.L.S. #36116, -dated 2/9/04, MHF Design Consultants, Inc., 103 Stiles Road, Suite One, Salon, New Hampshire 03079'and Project: Northpoint, Osgood Street, N. Andover, Project no: 0211.00, Date: 08/15/03;10/07/03, Revisions: 02/06/04, drawnt: ERG and checked by. JJW, Woodman Associates Architects, 20 Inn Street, Newburyport, MA,, - 01950, A,, -01950, drawing nos. A-1, A-2, and A-3.. nom' W D Page 1 of 2 I.AJ CD Board of Appeals.97"88-9.54 I Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 Upon a motion by Richard J. Byers and 2 d by Joe E. Smith, the Board voted to GRANT a Special Permit from Section 9 of the Zoning Bylaw in order to allow the extension of the existing structure by constructing a proposed 3 story addition per Existing:Conditions Plan, Assessors Map 35 Lot 50, 1003 Osgood Street, North Andover, MA 01845, prepared for: Thomas Properties, LLC 231 Sutton Street, North Andover, MA 01845 sheet no. 2 of 9, and Site Development Plan, Lakeview Farm,. Assessors Map 35 Lot 50,1003 Osgood Street, North Andover, MA 01845, prepared for: Thomas Properties, LLC 231 Sutton Street, North Andover, MA 01845, sheet no. 3 of 9, Date: August 12, 2003, by Frank C. Monteiro, Registered Professional Civil Engineer #36341 and Christopher Francher, O.L.S. #36116, dated 2/9/04, MHF Design Consultants, Inc., 103 Stiles Road, Suite One, Salem, New Hampshire 03079 and Project: Northpoint, Osgood Street, N. Andover, Project no: 0211.00, Date: 08/15/03, 10/07/03, Revisions: 02/06/04, drawn by: ERG and checked by: JJW, Woodman Associates Architects, 20 Inn Street, Newburyport, MA 01950, drawing nos. A-1, A-2, and A-3; on the condition: 1. The project shall connect to the Town sewer. Voting in favor: Walter F. Soule, Ellen P. McIntyre, Joseph D. LaGrasse, Joe E. Smith, and Richard J. Byers. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw; rather it will preserve a nineteenth century farmhouse and barn. Also, the applicant has satisfied Section 9, of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule, Vice Chairman Decision 2004-005. M35P50. Page 2 of 2 Board of Appeals 978-688-954) Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 �f LP akI4 �?�►� v lvkp Any appeal shall be filed Notice of Decision within (20) days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Property at: for premises at: 1003 Osgood Street NAME: Thomas Properties, LLC, 231 Sutton Street HEARING(S): March 9, 2004 ADDRESS: for premises at: 1003 Osgood Street PETITION: 2004-005 North Andover, MA 01845 TYPING DATE: 03-11-04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, at 7:30 PM upon the application of Thomas Properties, LLC, 231 Sutton Street, North Andover, for premises at: 1003 Osgood Street, requesting a Variance from Section 7, Paragraphs 7.3, 7.4, & Table 2; for the front setback and building height of the existing structure; and a Special Permit from Section 9, of the Zoning Bylaw in order to extend the existing structure by constructing a proposed 1 rA story addition on a conforming lot. The said premise affected is property with frontage on the East side of Osgood Street within the Business 2 (B-2) zoning district. The legal notice was published in ` p�n the Eagle Tribune on February 23 & March 1, 2004. 4321 The following members were present: Walter F. Soule, Ellen P. McIntyre, Joseph D. LaGrasse, Joe E. Smith, and Richard J. Byers. Upon a motion by Joseph D. LaGrasse and 2nd by Richard J. Byers, the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 18' from the front setback and a dimensional Variance from Section 7, Paragraph 7.4 and Table 2 of the Zoning Bylaw for relief of 12' in height of the existing structure per Existing Conditions Plan, Assessors Map 35 Lot 50, 1003 Osgood Street, North Andover, MA 01845, prepared for: Thomas Properties, LLC 231 Sutton Street, North Andover, MA 01845 sheet no. 2 of 9, and Site Development Plan, Lakeview Farm,. Assessors Map 35 Lot 50, 1003 Osgood Street, North Andover, 1 MA 01845, prepared for: Thomas Properties, LLC 231 Sutton Street, North Andover, MA 01845, sheet no. 3 of 9, Date: August 12, 2003, by Frank C. Monteiro, Registered Professional Civil Engineer #36341 and Christopher Francher, O.L.S. #36116, dated 2/9/04, N41 -IF Design Consultants, Inc., 103 Stiles Road, Suite One, Salem, New Hampshire 03079. Pagel of 2 Upon a motion by Richard J. Byers and 2nd by Joe E. Smith, the Board voted to GRANT a Special Permit from Section 9 of the Zoning Bylaw in order to allow the extension of the existing structure by constructing a proposed 3 story addition per Existing Conditions Plan, Assessors Map 35 Lot 50, 1003 Osgood Street, North Andover, MA 01845, prepared for: Thomas Properties, LLC 231 Sutton Street, North Andover, MA 01845 sheet no. 2 of 9, and Site Development Plan, Lakeview Farm,. Assessors Map 35 Lot 50,1003 Osgood Street, North Andover, MA 01845, prepared for: Thomas Properties, LLC 231 Sutton Street, North Andover, MA 01845, sheet no. 3 of 9, Date: August 12, 2003, by Frank C. Monteiro, Registered Professional Civil Engineer #36341 and Christopher Francher, O.L.S. #36116, dated 2/9/04, MBF Design Consultants, Inc., 103 Stiles Road, Suite One, Salem, New Hampshire 03079 and Project: Northpoint, Osgood Street, N. Andover, Project no: 0211.00, Date: 08/15/03, 10/07/03, Revisions: 02/06/04, drawn by: ERG and checked by: JJW, Woodman Associates Architects, 20 Inn Street, Newburyport, MA 01950, drawing no. A-1 & A-2; upon the following condition: 1. The Existing Conditions Plan, sheet 2 of 9, shall have the front setback dimension of 7' be added to the Mylar. g ' 'A k ;t' 'T�Q- pYOposl' gd e '%C� --- o 5�Q/ 60, Voting in favor: Walter F. Soule, Ellen P. McIntyre, Joseph D. LaGrasse, Joe E. Smith, and Richard L J. Byers. 4 ,NS / The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the F✓ �'Nck�i Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or F�� derogate from the intent and purpose of the Zoning Bylaw; rather it will preserve a nineteenth century farmhouse and barn. Also, the applicant has satisfied Section 9, of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule, Vice Chairman Decision 2004-005. M35P50. Page 2 of 2 TOWN OP NORTH. ANDOVER VARIANCE ZONING BOARD OF APPEALS NAME: ADDRESS OF APPEAL: Procedure & Requirements for an Application for a Variance Ten (10) copies'of the following information must be submitted thirty (U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoninv Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. Step 3' PLAN PREPARATION., Petitioner submits all of the required plan information as cited in section 10, page 4 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests from the Assessors Office a certified list of Parties in Intent (abutters). STEPS: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original willbe left at the Town Clerk's Office, and the 10 Xerox copies will be left with the µ0G711 p�4a ao .�71p w sem. a s s ,SgACNUSEt STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the.legal notice has.been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in histher behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise receive. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk: Step 10• RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of t Zoning Board of Appeals secretary. Appeals and the Building Departmen . IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services — 27 Charles Street, North Andover, MA 01845 978-688-9501 Town Clerk's Office D ` 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office ,c 978-688-9545 Building Department °O 7 97 9541 oninig Board of Appeals Office cn p� 9-f a PAGE 1 of 4 FEB 1 2004 .^!V^D 0fr--APPEALS 1. Petitioner: Name, address and telephone number: Thomas Properties LLC — 231 Sutton Street North Andover MA 01845 phone 978.327.6540 'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Same. Years Owned Land: 1 year +/- 3. Location of Property: a. Street:: Osgood Street Zoning District Business Two (B-2) b. Assessors: Map number 35 Lot Number: 50 c. Registry of Deeds: Book Number 6895 Page Number: 325 4. Zoning Sections under which the petition for the Variance is made. NAZB Table II — Dimensional Standards; Section 7.0 Dimensional Requirements; Section 7.3 Yards (Setbacks); Section 7.4 (Building Heights) *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Variance request: The existing farmhouse is seven (7) feet from the front property. The B-2 zone requires a 25' front yard setback. The existing structure is 47'jn height, and the B-2 zone allows for 35' maximum height. This application seeks to secure a variance of 12' in height and 18' with regard to the front yard setback. The granting of this variance will allow the structures to remain as they presently exist by being in compliance with the dimensional standards and requirements. 'The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 plication for a VARIAN C E NORTH ANDOVER ZONING BOARD OF APPEALS 6. a. Difference from the Zoning Bylaw Requirements: Indicate the dimensions that will not meet the current Zoning Bylaw Requirements (A & B are in the case o a lot split) Lot Area Open Space Percent Lot Frontage Building Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Height Spaces Front Side A Side B Rear A. — 47' 7' — — B 6. b. Existing Lot (S): Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage 3.20 ac. 70%+/- < 35% 6. c. Proposed Lot (S): Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage 3.20 ac. 70%+/- < 35% Frontage Parking Parking Minimum Lot set Back Minimum Lot set Back Feet Feet Spaces Front Side A Side B Rear 305' 6 spaces 7' 63' 87' 320' Ground Floor Number of Total Building Frontage Parking Square feet Floors Sq. feet Minimum Lot set Back Building* Feet Spaces Front Side A Side B Rear 305' 54 spaces 7' 63' 87' 320' 6. d. Required Lot: (As required by Zoning Bylaw) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25.000 sf N/A 35% min. 125.00' 54 spaces 25.00' 25.00' 25.00' 30.00' 7. a. Existing Buildings: Ground Floor Number of Total Building Use of Number Square feet Floors Sq. feet Height Building* of Units 4.750 sf +/- 3.5 Stories 13,165 +/- 47' Residential Two *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Building Use of Number Square feet Floors Sq. feet Height Building* of Units 5.885 sf+/- One 17,843+/- 47' Professional Office/Residential Four *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town's Clerk's Office. It shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by.the Zoning Board of this application as incomplete. Thomas Properties LLC - Thomas D. Laudani, Trustee/Applicant Date: January 15, 2004 PAUL 4 01- 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. Each point, A -F individually, is required to be addressed with this application. A. A 5" Flo] E F The particular use proposed for the land or structure. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Regi Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10 A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five or more parking spaces, II) three (3) or more dwelling units, IH) 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: 1)Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1"=40' In One (1) Mylar. III) .Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a deck or money order to: 'Town of North Andover - #02'L-1760-4841' for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 370) x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1'x2-5/8' (3 copies for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of $50.00 per application. ► ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and anew petition must be submitted. 4 TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS PROCEDURE STEP 6: SCHEDULING OF HEARING AND PREPARATIONr OF LEGAL NOTICE: and REQUIREMENTS The Office of the Zoning Board of Appeals schedules the for FILING an APPLICATION for for for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for a SPECIAL PERMIT publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed by the petitioner. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Permit Denial form completed by the Codes Administrator. STEP 2: SPECIAL PERMIT APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits three (3) originals of all the required information to the Town Clerk's Office; to be stamped by the Town Clerk certifying the time and date of filing. Only one original will be filed with the Town Clerk's Office, the petitioner retains one stamped copy; the third stamped copy is filed with the remaining seven (7) unstamped copies at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: 508-688-9533 Office of Community Dev. & Services 508-688-9501 Town Clerk's Office 508-688-9545 Building Department 508-688-9541 Zoning Board of Appeals Office the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise receive. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North -Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department Office (s) �ECEodED FEB 1_2004 BOARD OF APPEALS 11 e (tr' Ctl �s PAGE 2 OF 4 Date & Time Thomas Properties LLC — 231 Sutton Street, North Andover MA 01845 phone 978.327.6540 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Same. Years Owned Land: 1 year +/- 3. Location of Property: a. Street:: Osgood Street Zoning District Business Two (B-2) b. Assessors: Map number 35 Lot Number: 50 c. Registry of Deeds: Book Number 6895 Page Number: 325 4. Ordinance Sections under which the petition for the Special Permit is made. Section 9.0 - Non -conforming Uses *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: The Special Permit application is for expansion and alteration of a pre-existing non -conforming structure. The existing farmhouse and barn located at 1003 Osgood Street are pre-existing to the creation of the zoning bylaw and non -conforming to the extent that the existing residence is within seven (7') feet of the front property line, and the existing barn is approximately 47' in height. The applicant proposes to renovate the existing structures for office and residential use, and add a small addition to the rear of the building. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3of4 c. Required Lot: (As required by Zoning Ordinance) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25.000 sf N/A 35% min. 125.00' 54 spaces 25.00' 25.00' 25.00' 30.00' 7. a. Existing Buildings: Ground Floor Number of Application for a SPECIAL PERMIT 11111=01 - Use of Number NORTH ANDOVER ZONING BOARD OF APPEALS 6. a Existing Lot: Sq. feet Height Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 3.20 ac. 80%+/- N/A 305' N/A 7' 68' 87' 320' +/- b. Proposed Lot (S): Ground Floor Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 3.20 ac. 70%+/- < 35% 305' 54 spaces 7' 63' 87' 320' c. Required Lot: (As required by Zoning Ordinance) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25.000 sf N/A 35% min. 125.00' 54 spaces 25.00' 25.00' 25.00' 30.00' 7. a. Existing Buildings: Ground Floor Number of Total Building Use of Number Square feet Floors Sq. feet Height Building* of Units 4.750 sf +/- 3.5 Stories 13.165 +/- 47' Residential Two *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Building Use of Number Square feet Floors Sq. feet Height Building* of Units 5.885 sf+/- 3.5 stories 17.843+/- 47' Professional Office/Residential Four *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town's Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Thomas Properties LLC - Thomas D. Laudani, Trustee/Applicant Date: January 9, 2004 V aoxrry V 6.3 (- i w S _rz L .. .... Ma /Lot: Zoning Bylaw Review Form Applicant: -Tll�k ow►.►, -5" �'r�P L L e - Town Of North Andover Building Department Lot Area 27 Charles St. North Andover, MA. 01845 F Phone 978-688-9545 Fax 978-688-9542 Street: V 6.3 (- i w S _rz L .. .... Ma /Lot: M rt -P - -6 1.vrt - s'a r3 _ Z Applicant: -Tll�k ow►.►, -5" �'r�P L L e - Re uest:�- Lot Area F Please be advised that atter review of your Application and Plans that your Application is DENIED -for the following Zoning Bylaw reasons: Zoning :ol poijejeN Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 . Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies e_le_� 3 Preexisting frontage GT'S 4 Insufficient Information 4 Insufficient Information B use . 5 No access over Frontage 1 Allowed g G . Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum C3 2 Front Insufficient,,. t'S 2. Complies 3 Left Side Insufficient 3 1 Preexisting Height a� 4 Right Side Insufficient 4 Insufficient information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 1 Coverage exceeds maximum ,7 Insufficient Information 2 Coverage Complies D 1..,. Watershed Not in Vl/atershed 3 4 Coverage Preexisting Insufficient Information yC--S 2 In Watershed Sign "i-TTc`12 tV"trt;.: 3 Lot prior to 10/24/94 CE—S 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information .,f, . Historic. District , K' Parking 1 2 3 In District review required Not in district Insufficient Information .11 �� 2 3 More Parking Required Parking Complies Insufficient Information E� 4 Pre-existinn Parkinn :ol poijejeN Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: HHUNTRESS ASSOCIATES LANDSCAPE ARCHITECTURE R LAND PLANNING Wednesday, February 11, 2004 Mr. Walter Soule, Acting Chair North Andover Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 Re: 1003 Osgood Street — Special Permit for expansion/alteration of a non -conforming structure.. Dear Mr. Soule: On behalf of Thomas Properties LLC, we are please to provide the attached Special Permit application regarding the renovation and expansion of the existing structures at 1003 Osgood Street. The following is a brief description of the proposed project, existing property, and the specific requirements to be met for the issuance of the Special Permit. 1. Description of Proposed Project: The proposed project will entail the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet (+/-) of professional office space and four renovated residential apartments. The site is a 3.20 +/- acre parcel of land bounded by Osgood Street to the west, Treadwell's Ice Cream to the north, Lake Cochichewick to the east and the Stevens Estate at Osgood Hill to the south. The project is within the Watershed Protection District, and a Watershed Special Permit has been secured from the North Andover Planning Board. The existing structures are pre-existing non -conforming, in that the existing farmhouse is seven (7') feet from the front property line, and the existing barn is approximately forty seven (47') feet in height. 2. Description of Premises: The site is improved with an existing farmhouse, barn, driveways and open fields. The primary use is residential, and the property contains approximately 3.20 +/- acres. 3. Special Permit Application — Section 9, Written Documentation: a. The particular use proposed for the land or structure. The proposed mix of office and residential uses are allowed by right in the Business Two (B-2) Zoning District. The existing building is a pre-existing non -conforming structure, and the proposed renovation and addition will not increase the non -conformity of the structure. b. The requested use is essential and/or desirable to the public convenience or welfare. 17 Tewksbury Street, Andover MA oi8io 978.470.8882 978.470.889ofa, Mr. Walter Soule 02/11/2004 Page 2 of 3 The adjoining general business and industrially zoned properties will not be negatively impacted by the restoration/expansion of the existing farmhouse and barn. The renovation is desirable in that the completed project will protect the historic significance of the existing structure and surrounding views toward Lake Cochichewick. C. The requested use will not create undue traffic congestion, or unduly impair pedestrian safety. Driveways have been located to provide for the best available site distance along Osgood Street. The project will not negatively impact the level of service along Osgood Street, or otherwise impact pedestrian foot traffic on or around the property. d. Ability of the proposed sewage disposal and water supply system within and adjacent to the site to serve the proposed use. The project will be connected to the municipal water and new municipal sewer system available in Osgood Street. Sufficient capacity exists within the municipal system to accommodate the proposed project needs. A sub -surface drainage system is being proposed, and accommodates all increased runoff resulting from the development. Please refer to the enclosed drainage report for additional information. e. Any special regulation for the use, set forth in the special permit table are fulfilled. The project, as designed, complies with all special permit requirements of the North Andover Zoning Bylaw. f. The requested use will not impair the integrity or the character of the district or adjoining districts, nor be detrimental to the character of said neighbors. - The farmhouse and barn are existing structures, and the addition will be designed to respect the scale and style of the original building. The surrounding uses are predominately general business and industrial, and the renovation of these structures will not harm their character or present use. Please refer to the attached architectural drawings for additional detail. g. The requested use will not, by its addition to a neighborhood, cause an excess of that particular use that could be detrimental to the character of said neighborhood. The proposed use is a mix of professional office and four residential apartments. The surrounding land uses are predominantly defined by retail, office and industrial land uses. The renovation/expansion of these existing structures for their intended use will not cause an excess of any particular use, nor will it be detrimental to the surrounding neighborhood. h. The proposed use is in harmony with the purpose and intent of this ordinance. The proposed use shall not be conducted in a manner so as to emit any dangerous, noxious, injurious or otherwise objectionable fire, explosion, radioactive or other hazard, noise or vibration, smoke, duct odor or other form of environmental Mr. Walter Soule 02/11/2004 Page 3 of 3 pollution. Given the nature of the renovation, and the understanding that the proposed uses are allowed by right, the proposed project is in harmony with the general purposes and intent of Section 1 ("Purposes") of the North Andover Zoning Bylaw. Further, as the proposed uses are professional .office and residential, there will be no long-term impact on the surrounding area from excessive noise, dust, smoke, vibration or other negative environmental pollution. We are confident that the plans and supporting information we have submitted are in keeping with the general intent of the North Andover Zoning Bylaw, and are in the best interest of the neighborhood and the Town of North Andover. For these reasons, we request that the Zoning Board of Appeals issue a Special Permit Approval allowing the renovation/expansion of this non -conforming structure as outlined herein. We appreciate your time and consideration with regard to this matter. Please feel free to contact my office with any further questions or concerns. Sincerely, Huntress A soc'ates, Inc. Cistian C. untress Landscape Architect Cc: Thomas Properties LLC Woodman Associates, Inc. N4HF Design Consultants Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning - ( ) Town of North Andover Abutters Listing REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land"of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property., MAP PARCEL Name Address 35 50 Thomas Properties, LLC 1003 Osgood Street No Andover, MA 01845 Abutters Properties Map Parcel Name Address 35 15 Vincent Grasso 10 Commerce Way N. Andover, MA 01845 35 16 Airport Commision City of Lawrence Lawrence, MA 01841 35 20 Goodwin Trust 1025 Osgood Street N. Andover, MA 01845 35 21 Town of North Andover 120 Main Street N. Andover, MA 01845 35 23 Town of North Andover 120 Main Street N. Andover, MA 01845 35 27 Angus Realty Corp 1077 Osgood Street N. Andover, MA 01845 35 28 Town of North Andover 120 Main Street N. Andover, MA 01845 35 29 R&M Realty Trust 1060 Osgood Street N. Andover, MA 01845 c/o David Samuel 35 44 Town of North Andover 120 Main Street N. Andover, MA 01845 35 47 VJ VK, Inc 1070 Osgood Street N. Andover, MA 01845 c/o Chai Thai Restaurant 35 49 Airport Commision City of Lawrence Lawrence, MA 01841 35 108 Cochichewick Realty Trust Great Pond Road N. Andover, MA 01845 74 5 John Ferreira 980 Osgood Street N.Andover, MA 01845 '74 6 Airport Commision City of Lawrence Lawrence, MA 01841 Date 1/13/04 Page 1 of 1 CaRified b < <3 0 oard of Assessor North Andov r , 1'01. 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WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. This is required in the case of a Special Permit when the following points, based on MGLA ch. 40A sec. 9 and the Zoning Ordinance Section xxxxxxxSpecial Permit shall be clearly identified and factually supported: Addressing each of the below points individually is required with his application. North ANDOVER ZONING BOARD OF APPEALS a) Size of plan: Ten (10 ) copies of a plan not to exceed 36x24, preferred scales of 1"=20,' 1"=40', 1"=10' b) Neighborhood Plan: 10 Copies, 8.5X11 of the tax map with the site centered. c) Locus Plan: 10 copies, 8.5X11 of a portion the Northern Essex County Map with the site indicted. Plan prepared by a Registered Professional Engineer and/or Land Surveyor, on mylar in black ink with block for ZBA signature and date. 1. The particular use proposed for the land or structure. 2. The requested use is essential and/or desirable to the public convenience or welfare. 3. the requested use will not create undue traffic congestion, or unduly impair pedestrian safety. 4. The requested use will not overload any public water, drainage or sewer system or any other municipal system. S. Any special regulation for the use, set forth in the special permit table are fulfilled. 6. The requested use will not impair the integrity or the character of the district or adjoining districts nor be detrimental to the health or welfare. 7. The requested use will not, by its addition to a neighborhood, cause an excess of that particular use that could be detrimental to the character of said neighborhood. 8. The proposed use is in harmony with the purpose and intent of this ordinance. The proposed use shall not be conducted in a manner so as to emit any dangerous, noxious, injurious or otherwise objectionable fire, explosion, radioactive or other hazard, noise or vibration, smoke, duct, odor or other form of environmental pollution. 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a)xxxxxor more parking spaces, b) three (3) or more dwelling units, c) 5000 square feet of building area. Those projects that are less than the above limits shall require only the plan information as indicated with an asterisks (*) In some cases further information may be required. 10 B. Plan Specifications: 10C. FEATURES TO BE INDICATED ON PLAN: A. Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. property boundaries, 6. locations of buildings on adjacent properties 7. deed restrictions, easements. B. Legend & Graphic Aids: 1. Proposed features in solid lines. 2. Existing features to be removed in dashed lines. 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the; applicant, owner or record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation plans may be required when the application involves new construction/conversion/ and/or a proposed changes in use. 11. APPLICATION FILING FEES A. Notification Fees: A fee of xxxxxx cfor each party in Interest (abutters) as identified in MGLA ch. 40A sec. 11 and $xxxxxper Petitioner as listed on the application, to be made payable prior to the first notification. The applicant shall be billed by the newspaper to costs associated with notification in the newspaper. B. An administrative fee of $xxxxx aper application. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1491 `` 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use Osgood Properties, LLC -John Grasso only the tab key Name to move your 865 Turnpike Street cursor - do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Osgood Properties, LLC -John Grasso Name March 1, 2011 242-1491 Dated DEP File Number 3. The project site is located at: 1003 Osgood Street North Andover Street Address City/Town Map 35 Parcel 50 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Osgood Properties, LLC -John Grasso Property Owner (if different) Essex Northern 12941 283 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 9/29/2014 Date wpafrm8b.doc • rev. 5/29/14 WPA Form 8B, Certificate of Compliance • Page 1 of 3 - LI, Massachusetts Department of Environmental Protection Bureau of Resource. Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1491 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above -referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above -referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: 92 C. Authorization Issued by: North Andover Conservation Commission Date of Is ance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See regional -office -for -your -city -or -town. htrril). Si atures: wpafrm8b.doc • rev. 5/29/14 WPA Form 813, Certificate of Compliance • Page 2 of 3 LlMassachusetts Department of. Environmental -Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate Of Compliance 242-1491 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To:--------------------------------------------------------------------------------------------------. North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 1003 Osgood Street 242-1491 Project Location DEP File Number Has been recorded at the Registry of Deeds of: for: Essex Northern County Osgood Properties, LLC -John Grasso Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: wpafrm8b.doc • rev. 5129114 Document Number Signature of Applicant WPA Form 8B, Certificate of Compliance • Page 3 of 3 i� Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File #:242-1491 WPA Form 5 - Order of Conditions eDEP Transaction #:365945 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e City/Town-NORTH ANDOVER A. General Information 1. Conservation Commission NORTH ANDOVER 2. Issuance a. E OOC b. U Amended OOC 3. Applicant Details a. First Name JOHN b. Last Name GRASSO c. Organization OSGOOD PROPERTIES LLC d. Mailing Address 865 TURNPIKE STREET e. City/Town NORTH ANDOVER f. State MA g. Zip Code 01845 4. Property Owner a. First Name JOHN b. Last Name GRASSO c. Organization OSGOOD PROPERTIES LLC d. Mailing Address 865 TURNPIKE STREET e. City/rown NORTH ANDOVER f. State MA g. Zip Code 01845 5. Project Location a. Street Address 1003 OSGOOD STREET b.City/rown NORTH ANDOVER c. Zip Code 01845 d. Assessors Map/Plat# 35 e. Parcel/Lot# 50 f. Latitude 42.71386N g. Longitude 71.11598W 6. Property recorded at the Registry of Deed for: a. County b. Certificate c. Book d. Page NORTHERN ESSEX 10893 250 7.Dates _- a. Date NOI Filed: 7/21/2010 b. Date Public Hearing Closed: 2/9/2011 c. Date Of Issuance: 3/1/2011 8.17inal Approved Plans and Other Documents a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale: PROPOSED SITE DEVELOMENT MHF DESIGN FRANK G. MONTIERO & 02/03/2011 PLANS FOR MAP CONSULTANTS, INC. DAVID R. JORDAN 1" = 20" 35 LOT 50 B. Findings Page 1 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1491 f' WPA Form 5 - Order of Conditions eDEP Transaction #:365945 4 Massachusetts Wetlands Protection Act M:G.L. c. 131, §40 City/Town-NORTH ANDOVER 1 1.Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. r Public Water Supply b. Ei Land Containing Shellfish c. Ei Prevention of Pollution d. r Private Water Supply e. F—J Fisheries f. R6 Protection of Wildlife Habitat g. r Ground Water Supply h. r Storm Damage Prevention i. r Flood Control 2. Commission hereby finds the project, as proposed, is: Approved subject to: a. P1 The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. 0 The information submitted by the applicant is not sufficient to describe the site, the work or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. fJ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource 30 area specified in 310CMR10.02(1)(a). a. linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. C`1 Bank a linear feet b. linear feet c. linear feet d. linear feet 5. ri Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 6. fJ Land under Waterbodies and Waterways a. square feet b. square feet c. square feet d. square feet e. dy dredged ff, c/y dredged Page 2 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1491 WPA Form 5 - Order of Conditions eDEP Transaction #:365945 Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 City/Town-NORTH ANDOVER 7.0 Bordering Land Subject to Flooding a. square feet b. square feet c. square feet d. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet h. cubic feet 8. U Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage 9. r Riverfront Area Sq ft within 100 ft Sq ft between 100-200 ft a. total sq. feet b. total sq. feet c. square feet d. square feet e. cubic feet f. cubic feet e. square feet f. square feet g. square feet h. square feet i. square feet j. square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted c. cubic feet d. cubic feet 9. r Riverfront Area Sq ft within 100 ft Sq ft between 100-200 ft a. total sq. feet b. total sq. feet c. square feet d. square feet e. cubic feet f. cubic feet e. square feet f. square feet 17. Ci Salt Marshes a. square feet b. square feet c. square feet d. square feet 18. r Land Under Salt Ponds a. square feet b. square feet c. c/y dredged d. c/y dredged 19. Cl Land Containing Shellfish Page3 of 10 * ELECTRONIC COPY g. square feet h. square feet i. square feet j. square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. Ci Designated Port Areas Indicate size under Land Under the Ocean, below 11. Ci Land Under the Ocean a. square feet b. square feet c. c/y dredgdd d. c/y dredged 12. ❑ Barrer Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. n Coastal Beaches a. square feet b. square feet c. c/y nourishment d. c!y nourishment 14. r Coastal Dunes a. square feet b. square feet c. c/y nourishment d. c/y nourishment 15. Ci Coastal Banks a. linear feet b. linear feet 16. rJ Rocky Intertidal Shores a. square feet b. square feet 17. Ci Salt Marshes a. square feet b. square feet c. square feet d. square feet 18. r Land Under Salt Ponds a. square feet b. square feet c. c/y dredged d. c/y dredged 19. Cl Land Containing Shellfish Page3 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection - Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1491 r WPA Form 5 -Order of Conditions eDEP Transaction #:365945 k Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER a. square feet b. square feet c. square feet d. square feet Indicate size under Coastal Banks, inland Bank, Land Under the 20. r Fish Runs Ocean, and/or inland Land Under Waterbodies and Waterways, above c. c/y dredged d. c/y dredged 21. r Land Subject to Coastal Storm Flowage a. square feet b. square feet 22. Restoration/Enhancement (For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c & d or B.17.c & d above, please entered the additional amount here. a. square feet ofBVW b. square feet of Salt Marsh 23. f_i Streams Crossing(s) If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number of new stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath; paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. Page 4 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: L71 Bureau of Resource Protection - Wetlands MassDEP File #:242-1491eDEP Transaction #:365945 WPA Form 5 - Order of Conditions City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Courtfor the district in which the land is located, withinthe chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done: In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the .land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by. the Registry of Deeds, prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, " Massachusetts Department of Environmental Protection" [or'MassDEP"] File Number :"242-1491" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon.completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission . in writing whether the change.is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the. right to enter and inspect the area subject to this Order at reasonable hours to evaluatecompliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained -until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed: The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19.: The work associated with this Order(the "Project") is (1) r is not (2) 1.1 subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards, then the project is subject to the following conditions; a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required bythe National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard_ 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff maybe discharged to the post -construction stormwater I3MPs unless and until a Registered . Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii.. as -built final construction Page 5 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: .Bureau of Resource Protection. -Wetlands MassDEP File 4:242-1491 WPA Form 5 -Order of Conditions eDEP Transaction #:365945City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 BMP plans are included, signed and.stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii, any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority;:and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. C) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance, Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement") for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following:. i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable; the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi -Sector General Permit. e) Unless and until another party accepts responsibility, the. landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(f) through 19(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. t} The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: I. Maintain an operation -and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure. that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. ) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the.Low Impact Site Design Credit (as defined in the MassDEP:Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall.be at least six.inches'above grade to allow for wildlife passage. Page 6 of 10 * ELECTRONIC COPY Massachusetts Department of. Environmental Protection Provided by MassDEP: Ll Bureau of Resource Protection Wetlands MassDEP File #:242-1491 WPA Form 5 -Order of Conditions eDEP Transaction #:365945 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER A Findings Under Municipal Wetlands Bylaw or Ordinance I. Is a municipal wetlands bylaw or ordinance applicable? r, Yes r No 2• The Conservation Commission hereby(check one that applies a.. r : DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order or Conditions is issued. Which are necessary to comply. with a municipal ordinance or bylaw: b. r APPROVES the proposed work, subject to the following additional conditions. NORTH ANDOVER 1: Municipal Ordinance or Bylaw WETLANDSPROTECTION 2. Citation CHAPTER 178 BYLAW 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED CONDITIONS. Page 8 of 10 * ELECTRONIC COPY - 4 r by hand delivery on Plby certified mail, return receipt requested, on Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will,be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (3 10 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Page 9 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1491 WPA Form 5 - Order of Conditions eDEP Transaction #:365945 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER E. Signatures This Order is valid for three years from the date of issuance, unless otherwise specified pursuant to General Condition #4: If this is an Amended Order of Conditions, the Amended 1. Date of Original Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form. This Order must be signed by 4 a majority of the Conservation Commission. 2. Number of Signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: - 4 r by hand delivery on Plby certified mail, return receipt requested, on Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will,be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (3 10 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Page 9 of 10 * ELECTRONIC COPY f i Massachusetts Department of .Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File#:242-1491 WPA Form 5 -Order of Conditions eDEP Transaction #:365945City/Town:NORTH ANDOVER V Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Q Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's ; Grantor Index under the name of the ownerof the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order. of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. NORTH ANDOVER Conservation Commission Detach on. dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. .............................................................................................................................. To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at`. . 1003 OSGOOD STREET 242-1491 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for. Property Owner JOHN GRASSO and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number i If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Rev. 4/1/2010 Page 10 of 10 * ELECTRONIC COPY DEP FILE # 242 1491 The North Andover Conservation Commission (hereafter the "NACC".) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: The demolition of an existing house and the construction of a 13,200 square foot (5,500 s.f. footprint) mixed use building attached to an existing barn (2,032 s.f. footprint) which will be renovated. The project includes associated site work, grading and appurtenances including subsurface infiltration and stormwater systems, a bio -retention area, parking, and access drives. Portions of the work are within the 100 foot Buffer Zone to Bordering Vegetated Wetland (BVW). Sub -surface infiltration chambers and the bio -retention area are outside the 100' Buffer Zone. The project is also located in the Zone A to the towns surface water supply (Lake Cochichewick). 21. The work shall conform to the following: Applicant: John Grasso Osgood Properties, LLC 865 Turnpike Street North Andover, MA 01845 Representative: Mark West West Environmental, Inc. 48 Stevens Hill Road Nottingham, NH 03290 Notice of Intent Filed by: West Environmental, Inc. Date filed: July 16, 2010 Site Plans prepared by: MHF Design Consultants, Inc. 44 Stiles Road, Suite One Salem, NH 03079 Stampeded by: David R. Jordan, P.E & Frank'C. Monteiro, P.E. Record Plans: "Proposed Site Development Plans for Map 35 Lot 50 1003 Osgood Street, North Andover, Massachusetts 01845" Sheets 1-10 242-1491, 1003 Osgood OOC.doc 1 NACC 3/1/2011 DEP FILE # 242 -1491 Dated: June 17, 2010 and last revised: 2/18/11 Sheet 1 of 10 Title Sheet Sheet 2 of 10 Existing Conditions Plan Sheet 3 of 10 Site Development Plan Sheet 4 of 10 Grading, Drainage & Utilities. Plan Sheet 5 of 10 Erosion & Sediment Control Plan Sheet 6 of 10 Landscape Plan Sheet 7 of 10 Site Details Sheet8 of 10 Site Details .. Sheet 9 of 10 Site Details ... Sheet 10 of 10 Site Details Additional Plans: ".Fire Truck Access Plan", last revised 2/18/11; "Lighting Plan", last revised 1/17/11; "Elevations'Sheet", dated 1-6-2011; "Exhibit A", dated 2/28/.11: Record Documents: Stormwater Management Report Map 35 Lot 50 ` 1003 Osgood Street, North Andover, MA 01845 Prepared by: MHF Design Consultants, Inc. Date: June 17, 2010and last revised: July 17, 2011 & , February 3, 2011 (supplement) Operation'& Maintenance. Plan and Long Term Pollution Prevention Plan -for Stormwater Management Systems Map 35 Lot 50,1003 Osgood Street, North Andover, MA Prepared by: MHF Design Consultants, Inc. Date: June 17, 2010 and last revised: February 18, 2011 Alternatives Analysis 1003 Osgood Street, Osgood Properties, LLC Prepared by: MHF Design Consultants, Inc. Date: February 9, 2011 Stormwater Review: Review Management. Review letter prepared by Lisa Eggleston, P.E. dated August 5, 2010; Response letter prepared by MHF Design Consultants, Inc. dated September 27,2010; Review letter prepared by Lisa Eggleston, P.E. dated October 5, 2010; 242-1491, 1003 Osgood OOC.doc 2 NACC 3/1/2011 DEP FILE # 242 -1491 Review.letter prepared by Lisa Eggleston, P.E. dated January 6, 2011; Response letter prepared by MHF Design Consultants, Inc. dated January 20, 2011; Review letter prepared by Lisa Eggleston, P.E. dated February 1, 2011; Response email sent by Christopher M. Tymula to Lisa Eggleston on February 1, 2011; Final Review letter prepared by Lisa Eggleston, P.E. date February 9, 2011. 22. The term "Applicant" as used in.this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00) and associated regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 242-1491, 1003 Osgood OOC.doc 3 NACC 3/1/2011 DEP FILE # 242 -1491 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: Buffer Zone to BVW. This resource area is significant to the interests of the Act as noted above and therein. The applicant has not attempted to overcome the presumption of significance of this resource area to the identified interests. . 33. The NACC agrees with the applicant's delineation of the wetland resource area: WF3- W179 (west side of parcel), WF11-WF29 (parallel to bank of Lake Cochichewick) connected to WF08-3 - WF08-9 (east side of parcel). The BVW was delineated by West Environmental, Inc. in October 2010. 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot 25') No -Disturbance Zone and a fifty foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area as depicted on the record plan referenced herein except as follows: Waiver of the 50 -foot No -Build Zone for a portion of the access drive and parking on the west side of the parcel and annual mowing (after July 15) of open field areas within jurisdiction of the commission including portions of the BVW and associated 25' No - Disturb Zone. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. 35. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and 242-1491, 1003 Osgood OOC.doc 4 NACC 3/1/2011 4 DEP FILE # 242 -1491 conditions. Thereafter; the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 36. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. 13RIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39: This Order is issued in addition to the Order of Conditions issued under DEP File#242- 1232. A Certificate of Compliance was approved for this file by the NACC on February 23, 2011. 40. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1491." 41. Prior to the commencement of any work, the applicant shall submit to the Conservation Department a copy of the approved NPDES Storm Water Pollution Prevention Plan (SWPPP). 42. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval 242-1491, 1003 Osgood OOC.doc 5 NACC 3/1/2011 i DEP FILE # 242 -1491 prior to implementation. If the NACC finds said changes to be� significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 43. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer- and contractors are to be provided with a copy of this Order of Conditions and referenced documents. before commencement of construction. 44. Prior to any work commencing on site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including a dated'timetable of soil disturbance, the construction of compensation and retention areas, installation of sedimentation/ erosion control devices, phasing associated with the development, the construction of the associated stormwater management structures, and landscaping activities. This timetable must continue to be updated monthly throughout the project. 45. Wetland flagging shall be checked prior to the start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 46. A row of staked hay bales backed by trenched siltation fence (and all other necessary erosion control measures) shall be placed: between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the Erosion & Sediment Control Plan approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. 242-1491, 1003 Osgood OOC.doc 6 NACC 3/1/2011 DEP FILE # 242 -1491 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 25 hay bales and sufficient stakes for staking these bales, 75 feet of silt fence, and an adequate supply of emergency erosion controls including crushed stone,: silt sacks, jute matting and any other erosion controls the applicant proposes to use as part of the Erosion and Sedimentation Control Plan. Said supplies shall be used 1 only for the control of emergency erosion problems and shall not. be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall beprovided in the amount of $8,000 ($5,000 Parking lot and Stormwater and $3,000 building) which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the .NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The: applicant may propose a monetary release schedule keyed to completion of specific portions of.the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 49. The applicant shall designate a Wetland Scientist or other environmental professional as approved by the NACC or its agent, as an "Erosion Control Monitor (ECM)" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices (Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval bye NACC). The name and phone number of the erosion control ;monitor must be provided to the NACC in the event. that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. During the placement of engineered fill, the ECM should inspect and submit reports confirming that the engineered slope is. built in accordance with the plans approved and referenced herein. Reports shall confirm slope construction details such as placement of filter fabric between fill and stone as well as placement of required erosion controls. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized; the applicant shall submit a written report and photographs from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work iso being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland 242-1491, 1003 Osgood OOC.doc 7 NACC 3/1/2011 DEP FILE # 242 -1491 resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2' inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 51. Prior to construction or when permanent locations are established, the applicant shall permanently mark the edge of the "25' No -Disturbance Zone (or entire length of guardrail on the property)" with signs or markers spaced evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area' and signs stating associated rules (1 square sign for every 3 round). This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. Prior to the start of construction, the applicant shall submit a detail of the guardrail and signage to be approved by the Conservation Department. The applicant shall instruct all agents to:explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity, 52. The applicant and/or the legal owner of that portion of land upon which. these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, such as a Management Company,. Homeowner's Association or individual, subject to said Orders of Conditions, the "Compliance Certification Form' Affidavit (attached herein) signed under the pains and penalties of perjury, stating that said applicant has read these Orders of Conditions and is incompliance with each and every condition. If portions of said land are transferred to different parties, such as individual unit owners, each party is subject to this Condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 53. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, contractor, engineer, wetland scientist/ environmental monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). 242-1491, 1003 Osgood OOC.doc 8 NACC 3/1/2011 DEP FILE # 242 -1491 STORMWATER MANAGEMENT CONDITIONS 54. All construction and post -construction stormwater management systems shall be constructed in accordance with the approved construction sequence, supporting documents and plans submitted with the Notice of Intent, this Order of Conditions, and the approved Operation and Maintenance Plan and Long Term Pollution Prevention Plan for Stormwater Management Systems attached herein. 55. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan and Long Term Pollution Prevention Plan for Stormwater Management Systems submitted with the Notice of Intent and incorporated in the Order of Conditions. The approved Operation and Maintenance Plan and Long Term Pollution Prevention Plan for Stormwater Management Systems is fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. 56. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer certifying that the drainage system is working as designed and shall include any maintenance invoices for cleaning and repairs. The first report shall be submitted to the NACC as soon as the first storiilwater structure goes on-line and reports must continue to be submitted until a Certificate of Compliance is issued. Compliance with the designed stormwater management. system and associated stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 57. Temporary and/or permanent basins and swales being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6) inches. Soils removed from the temporary/permanent stormwater management system, shall be stored and disposed of in accordance with the approved plans. The basins shall be cleaned of sediment prior to final grading and construction of permanent stormwater basins and structures. 58. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions. 59. Water quality down gradient of BVW shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 60. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the approved Operation and Maintenance Plan and Long Term Pollution Prevention Plan for Stormwater Management 242-1491, 1003 Osgood OOC.doc 9 NACC 3/1/2011 DEP FILE # 242 -1491 Systems attached herein and the associated stormwater management conditions mandated herein. 61. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 62. Upon beginning work, the applicant shall submit written weekly progress detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 63. Construction sequencing shall be followed throughout all phases of construction as detailed in the Erosion &Sediment Control Plan (Sheet 5 of 10) and in the construction sequence submitted per condition #44, thereby minimizing any unnecessary impacts to the wetland resource areas. 64. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 65. The contractor will take all steps necessary to control dust onsite so that adverse effects on adjacent resource areas and / or habitat do not occur. 66. Immediately upon completion of the building foundation, and prior to further construction activities'associated with the site, the applicant shall complete a plan prepared by a Registered Professional' Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the building foundation and its proximity to wetland resource areas as approved under this Order of Conditions. Said plans shall be submitted to the Conservation Administrator for approval. 67. A crushed stone construction entrance shall be installed at the designated access location as shown on the approved plans referenced herein to minimize soil/ material tracking onto the roadways and paved.surfaces. This entrance shall be reinforced and cleaned as necessary throughout the duration of construction. 68. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 242-1491, 1003 Osgood OOC.doc 10 NACC 3/1/2011 DEP FILE # 242 -1491 69. All existing and proposed catch basins and oil traps on the site or on the streets adjacent to the project shall be protected by Silt Sacks or other approved method to prevent sediment from entering the drainage system. Silt Sacks or other catch basin protection shall be maintained. and regularly cleaned of sediments until all areas associated with the work permitted by this Order have been permanently stabilized and the NACC and/or Conservation Department has formally approved their removal. 70. All catch basins shall contain oil/ gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance.is issued and the owner or his/her agent shall so specify in the request for Compliance. 71. Approved. de -watering activities shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De -watering activities shall be conducted as ,shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the NACC or its administrator for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 72. Pavement and roadways shall be swept weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un -stabilized. 73. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 74. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas.must be graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with jute matting or by other means approved by the NACC until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 75. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 242-1491, 1003 Osgood OOC.doc 11 NACC 3/1/2011 DEP FILE # 242 -1491 76. Construction equipment/ vehicles shall not be staged overnight within 100 feet of a wetland resource area. 77. There shall be no stockpiling of soil or other materials within one hundred (100) feet of any resource area. Soils or other materials shall be stockpiled in locations approved by this department or within the designated areas as shown on the approved plans referenced herein. Further, due to the existing grade on the site, any approved temporary stockpile areas shall be adequately surrounded by erosion controls to prevent migration of soils off-site. 78. Washings.from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If concrete truck washing is required an area for this activity shall be designated and approved by the Conservation Department. 79. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 80. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 81. No underground storage of fuel oils shall be allowed on any lot within one -hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection ByLaw. 82. Prior to the issuance of a Certificate of Compliance, the applicant must submit proof of contract to the Conservation Department in the form of a written and signed document from the assignee(s) responsible for conducting the perpetual site maintenance in accordance with the Operation and Maintenance Plan and Long Term Pollution Prevention Plan for Storrnwater Management Systems and perpetual conditions mandated in this Order. In addition to this contract, the applicant shall submit an Affidavit from the assignee (s) acknowledging the Stormwater Operation & Maintenance responsibilities of the stormwater management systems in accordance with the approved 242-1491, 1003 Osgood OOC.doe 12 NACC 3/1/2011 DEP FILE # 242 -1491 Operation and Maintenance Plan and Long Term Pollution Prevention Plan for Stormwater Management Systems and other perpetual conditions mandated in this Order. 83. No road salt, sodium chloride, or other de-icing: chemicals shall be used on :paved surfaces in the buffer zone, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands: In addition, permanent signs designating"No-Salt Zone' and "Snow Stockpiling Zones" shall be displayed in prominent locations along the No-Disturbance Zone as approved by the Conservation Department and shown on the herein referenced plans. 84. The following two sentences shall be included in the O & M Plan and adhered to by the property owner: "Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area." This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland Protection ByLaw and shall remain in perpetuity. 85. There: shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or within 25 feet of a wetland resource area. This condition shall remain in perpetuity. 86. Mowing of the field on the property including the Buffer Zone and previously mowed wetland areas shall occur in accordance with the Operations and Maintenance Plan referenced herein. Mowing shall be done annually. 87. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 88. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 89. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: . a. WPA Form 8A "Request for a Certificate.of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/ trust or corporation to whom the compliance is to be granted. 242-1491, 1003 Osgood OOC.doc 13 NACC 3/1/2011 DEP FILE # 242 -1491' f. The street address and assessor's map/parcel number for the project., g. The DEP file number. h. A .written: statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the, plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As -Built" post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes aIU disturbance of soils or vegetation. ➢ Location of. all subsurface utilities entering the property. 92. The following special conditions shall.survive the issuance of a Certificate of Compliance (COC) for this project: ➢ A 25 -foot No -Disturbance Zone and 50 -foot No -Build Zone shall be established from the edge of adjacent wetland resource areas as approved under.DEP # 242-1491. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive the setbacks as established under this Order; ➢ Resource Area Markers (Condition #51); Maintenance of all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid 242-1491, 1003 Osgood OOC.doc 14 NACC 3/1/2011 DEP FILE # 242 - 1491 blockages and siltation, which might cause failure :'of the system and/or detrimental impacts to on-site or off-site resource. areas (Condition #61); All catch basins shall contain oil/ gasoline. traps and shall be maintained (Condition #70) n ➢ Discharge or spillage of pollutants (Condition # 80); Prohibition of underground fuels (Condition #81); ➢ Limitations on the use of fertilizers, herbicides; road salts, de-icing compounds and pesticides (Conditions #83 & #84); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris J (Condition #85); ➢ 'The approved "Long -Term Stormwater Operations and Maintenance Plan' shall be adhered to. No additional. filings will be required to conduct maintenance of the above referenced system and plan (Condition #55). 242-1491, 1003 Osgood OOC.doc 15 NACC 3/1/2011 s ' DEP FILE # 242 -1491 APPENDIX A -AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions. have been placed upon by (DEP or NACC number) the North. Andover Conservation Commission. &/or 2.. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. & 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) & 5. 1 hereby affirm and acknowledge that thisdocument will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) 242-1491, 1003 Osgood OOC.doc 16 NACC 3/1/2011 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 242.1232 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project. Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use Osgood Properties, LLC c/o John Grasso only. the tab key Name to move your 865 Turnpike Street, 2"d Floor cursor - do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Thomas Properties, LLC Name June 15, 2004 242-1232 Dated DEP File Number 3'. The project site is located at: 1003 Osgood Street North Andover Street Address Citylrown Map 35 Parcel 50 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner (if different) Essex North 6895 325 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date . . wpafrm8b.doc - rev. 12/23/09 WPA Form 8B, Certificate of Compliance • Page 1 of 3 i. r Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands DEP File number: WPA Form 8B — Certificate of Compliance 242-1232 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above -referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ® Invalid Order of Conditions: It is hereby certified that the work regulated by the above -referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditiohs. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: North Andover Conservation Commission A� % Dae of issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://vAvw.mass.gov/dep/about/region/findvour.htm). Signatures: �. Vf wpafrm8b.doc • rev. 1 WPA Form 88, Certificate of Compliance • Page 2 of 3 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B Certificate of Compliance 242-1232 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To:-------------------------------------------------------------------------------------------------- North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 1003 Osgood Street 242-1232 Project Location DEP File Number Has been recorded' at the Registry of Deeds of: for: Essex North County Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm6b.doc • rev. 12/23/09 WPA Form 8B, Certificate of Compliance- Page 3 of 3 ILLMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 16 Bre A. General Information From: North Andover ,onservauon uommission This issuance if for (check one): ® Order of Conditions ❑ Amended Order of Conditions To: Applicant: Thomas Properties, LLC Name 231 Sutton Street Mailing Address North Andover City/Town 1. Project Location: 1003 Osgood Street Street Address Map 35 Assessors Map/Plat Number DEP File Number: ivv�ucu uy ver Property Owner (if different from applicant): Same Name Mailing Address MA. 01845 State Zip Code City/Town North Andover City/Town Parcel 50 Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex North 6895 County Book Certificate (if registered land) 3. Dates: 12/5/03 5/26/04 4. State 325 Page 6/15/04 Zip Code Date Notice of Intent Filed • Date Public Hearing Closed Date of Issuance Final Approved Plans and Other Documents (attach additional plan references as needed): NOI December 2003 Title Date Site Development Plans for Lakeview Farm Development, Sheets 1-9 8/12/03 last Title revised 5/14/04 Stormwater Management Drainage Calculations, & Best Management Practices 8/15/03 last Title revised 4/28/04 5. Final Plans and Documents Signed and Stamped by: Frank C. Monteiro, P. E. Name 6. Total Fee: $1550.00 (from Appendix B: Wetland Fee Transmittal Form) Wpaform5.doc • rev. 12/15/00 Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1232 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ® Public Water Supply ® Private Water Supply ® Groundwater Supply ❑ Land Containing Shellfish ❑ Fisheries ® Storm Damage Prevention ® Prevention of Pollution ® Protection of Wildlife Habitat ® Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, .and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc • rev. 12/15/00 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Ll WPA Form 5 - Order of Conditions 242-1232 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order maybe extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 242-1232 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. . 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition 412 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of -a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform5.doc • rev. 12/15/00 Page 3 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1232 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Findings as to municipal bylaw or ordinance Furthermore, the North Andover hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: North Andover Wetland Protection Bvlaw Chapter 178 Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpaform5.doc • rev. 12/15/00 Page 4 of 7 DEP FILE # 242 -1232 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. "GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by- laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). CAWinword\00C\10030sgoodSt.doc 1 NACC 6/14/04 DEP FILE # 242 -1232 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No. 242-1232. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: Construction of an addition to an existing apartment building, associated parking facilities and stormwater management system. A soccer field will also be constructed in an existing field behind the building, which will be surrounded by 300 feet of a vinyl coated chain link fence located along the inside edge of the existing tree line. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Thomas Properties, LLC 231 Sutton Street North Andover, MA 01845 No Date — Received December 5, 2003 Site Plans prepared by: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Dated August 12, 2003, last revised 5/14/04 Signed & Stamped by Frank C. Monteiro, P.E. Entitled: "Site Development Plans for Lakeview Farm Development" - Sheets 1-9 CAWinword\00C\10030sgoodSt.doc 2 NACC 6/14/04 DEP FILE # 242 -1232 Stormwater Management, Drainage Calculations, & Operation & Maintenance Report prepared by: Other Reports and Record Documents: MHF Design Consultants, Inc, 103 Stiles Road, Suite One Salem NH 03079 Dated August 15, 2003, Last revised April 28, 2004 Entitled — "Stormwater Management, Drainage Calculations, & Best Management Practices" Turf Management Plan Prepared by West Environmental, Inc. 122 Mast Road, Suite 6 Lee, NH 03824 Dated 5/25/04, Entitled, "Turf Management Recommendations for 1003 Osgood Street Ball Field"; Letter from Division of Fisheries & Wildlife Dated October 21,2003; Memorandum with supporting stream stats data Prepared by West Environmental, Inc.; Eggleston Environmental Drainage Review Letter Dated January 28, 2004; MHF Design Consultants Drainage Response Letter Dated February 18,2004; Eggleston Environmental Drainage Review Letter Dated March 16,2004; MHF Design Consultants Drainage Response Letter Dated March 22, 2004; MHF Design Consultants Drainage Revision Letter Dated May 4,2004; Eggleston Environmental Drainage Review Letter Dated May 13,2004; Eggleston Environmental Final Drainage Review Letter, Dated May 25, 2004. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. C:\Winword\OOC\10030sgoodSt.doc 3 NACC 6/14/04 DEP FILE # 242 -1232 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (251 No -Disturbance Zone and a fifty -foot (501 No -Construction Zone shall be established from the edge of the adjacent wetland resource area except for the installation of a vinyl coated chain link fence. The Conservation Administrator and/or other agents of.the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 33. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 34. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 35. The owners of the project and their successors in title, in the event they proceed to. alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 36. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. CAWinword\00C\10030sgoodSt.doc 4 NACC 6/14/04 DEP FILE # 242 -1232 PRIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1232.- 40. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. C:\Winword\OOC\10030sgoodSt.doc 5 NACC 6/14/04 DEP FILE # 242 -1232 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/ erosion control devices and re -vegetation to be completed before other work begins on-site. 43. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 44. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areashave been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 45. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 25 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 46. A check payable to the Town of North Andover shall be provided in the amount of $10,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be C:\Winword\OOC\10030sgoodSt.doc 6 NACC 6/14/04 DEP FILE # 242 -1232 signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 47. The applicant shall designate a Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in writing by the hired professional in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 48. Prior to construction, the applicant shall permanently mark the edge of the " 25' No - Disturbance Zone" with signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are available at the Conservation Office for $2 apiece and are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 49. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions CAWinword\00C\10030sgoodSt.doc 7 NACC 6/14/04 DEP FILE # 242 -1232 referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 50. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre - construction meeting (e.g. 72 hours). DURING CONSTRUCTION 51. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 52. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 53. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 54. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. CAWinword\00010030sgoodSt.doc 8 NACC 6/14/04 DEP FILE # 242 -1232 55. Approved de -watering activities anticipated at the roadway entrance location shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to the roadway retaining wall installation is occurring and until this section is complete. De -watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland ByLaw. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 56. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or, debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 57. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 58. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 59. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 60. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 61. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 62. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. C:\Winword\OOC\l 003OsgoodSt.doc g NACC 6/14/04 DEP FILE # 242 -1232 63. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 64. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 65. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. Refer to the "Turf Management Recommendations for 1003 Osgood Street Ball Field", dated 5/25/04. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 66. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. Permanent signs designating "No -Salt Zone" and "No -Snow Stockpiling Zones" shall be displayed in prominent locations. 67. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 68. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 69. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. CAWinword\00C\10030sgoodSt.doc 10 NACC 6/14/04 DEP FILE # 242 -1232 d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As -Built" post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls,'pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 71. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone and a 50 -'No -Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-1232. Future work within CAWinword\00C\10030sgoodSt.doc 11 NACC 6/14/04 DEP FILE # 242 -1232 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Maintenance of catch basins (Condition #53); ➢ Discharge or spillage of pollutants (Condition # 63); ➢ Prohibition of underground fuels (Condition #64); ➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #65 & 66). ➢ The attached "Stormwater Operations and Management Plan", including Best Management Practices and referenced Turf Management Plan. No additional filings will be required to conduct maintenance of the above referenced system and plan. CAWinword\00C\10030sgoodSt.doc 12 NACC 6/14/04 DEP FILE # 242 -1232 APPENDIX A - AFFIDAVIT L on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. Wor 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. F14 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth. in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19_ I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) C:\Winword\00C\10030sgoodSt.doc 13 NACC 6/14/04 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File "Umber: WPA Form 5 - Order of Conditions 242-1232 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See attached This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions�4, from the date of issuance. 6/i6 k Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner (if different from applicant). Sig On Day .a6 -1-k before me personally appeared Of Ha V CUD Month and ear to me known to be the person described in and who executed th acknowledged that he/she executed the same as his/her free ac d. 6614M . WEDGE OFYi MlXM tary Public My Co This Order is issued to the applicant as follows: ❑ by hand delivery on ❑ by certified mail, return receipt requested, on Date Date Wpaform5.doc • rev. 12/15/00 Page 5 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File "umber: WPA Form 5 - Order of Conditions 242-1232 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Wpaform5.doc • rev. 12/15/00 Page 6 of 7 t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1232 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ----------------------------------------------------------------------- To: North Andover k_,onservauon L omr Please be advised that the Order of Conditions for the Project at: 242-1232 Project Location DEP File Number Has been recorded at the Registry of Deeds of: %.uunty for: Property Ownef Book and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Page Wpaform5.doc • rev. 12/15/00 Page 7 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: 1. Person or party making request(If appropriate, name the citizen group's representative): When filling out forms on the computer, Name use only the tab key to Mailing Address move your cursor - do City/Town State Zip Code not use the return key. Phone Number Fax Number (if applicable) ree Project Location Mailing Address renin City/Town State Zip Code 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number (if applicable) 3. DEP File Number: 1 B. Instructions 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for $50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5.doc • Appendix E • rev. 12/30/03 Pagel of 2 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ' WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform5.doc • Appendix E • rev. 12/30/03 Page 2 of 2