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Home My WebLink AboutMiscellaneous - 1025 OSGOOD STREET 4/30/2018 (4)I L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 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. VQ lz�x A. General Information DEP File Number: 242-1308 From: North Andover 1. Conservation Commission 2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions 3. To: Applicant: Eric a. First Name 28 Andover Street d. Mailing Address Andover McCarthy Hearthstone Realty Corporation b. Last Name c. Company e. City/Town 4. Property Owner (if different from applicant): Goodwin Trust c/o Russell Treadwell a. First Name 3667 Huntingtc d. Mailing Address Sarasota b. Last Name Place Drive MA. f. State c. Company FL. 01810 g. Zip Code 34237 e. City/Town f. State g. Zip Code 5. Project Location: 38 1025 Osgood Street North Andover a. Street Address b. City/Town Map 35 Lot 20 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: 42d-42'-52" N 71 d06'59" W electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North b. Prepared By a. County b. Certificate (if registered land) 1074 38 c. Book d. Paye 7. Dates: 3/31/05 o S D a. Date Notice of Intent Filed b. Date ublic earing Closed c. Da e o ssuance 8. Final Approved Plans and Other Documents (attach additional plan or document references needed): as Site Development Plans a. Plan Title MHF Design Consultants, Inc. Christopher Francher, P. L. S., Frank C. Monteiro b. Prepared By P. E. /0 D� 1" = 20' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date 9. Total WPA Fee Paid: $2,245.00 $ 867.50 $ 1,377.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform5.doc • rev. 3/1/05 Page 1 of 9 f � Massachusetts 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 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: DEP File Number: 242-1308 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: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. 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. 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. 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. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ 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). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement s. ❑Bank a. linear feet b. linear feet c. linear feet 4. ❑ Bordering Vegetated d. linear feet Wetland a. square feet b. square feet c. square feet d. square feet 5. ❑ Land Under a. square feetb. square feet c. square feet Waterbodies and d. square feet Waterways e. cu.yd dredged f. cu.yd dredged wpaform5.doc • rev. 3/1/05 Page 2 of 9 L11Massachusetts 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 DEP File Number: 242-1308 ts. rindings (cont.) ❑ Barrier Beaches 12. Resource Area Proposed Permitted Proposed Coastal Dunes Alteration Alteration Replacement 6. F-1 Bordering Land ❑ Rocky Intertidal Subject . to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood 17. ❑ Land Under Salt Storage e. cubic feet f. cubic feet g. cubic feet 7. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet s. ❑ Riverfront area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d. square feet e. square feet Sq ft between 100-200 ft e. square feet f. square feet e. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 10. ❑ Land Under the Ocean a. square feet b. square feet 11. ❑ Barrier Beaches 12. ❑ Coastal Beaches 13. ❑ Coastal Dunes 14. ❑ Coastal Banks 15. ❑ Rocky Intertidal Shores 16. ❑ Salt Marshes 17. ❑ Land Under Salt Ponds 18. ❑ Land Containing Shellfish 19. ❑ Fish Runs 20. ❑ Land Subject to Coastal Storm Flowage Permitted Replacement' h. cubic feet f. cubic feet Indicate size under Coastal Beaches and/or Coastal Dunes below a. square feet b. square feet c. c/y nourishmt. d. c/y nourishmt. a. square feet b. sauare feet r. rJv nnl Irichmt a h.. a. linear feet a. square feet a. square feet C. cu.yd dredged --.._....... w, .. ...�....,. b. linear feet b. square feet b. square feet d. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. square feet b. square feet wpafonn5.doc • rev. 3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection LlBureau of Resource Protection - WetlandsDEP File Number: WPA Form 5 - Order of Conditions 242-1308 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (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. 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. 8. 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 242-1308 wpaform5.doc • rev. 311/05 Page 4 of 9 Massachusetts Department of Environmental Protection I Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1308 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 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 #12 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. 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. If you need more space for additional conditions, select box to attach a text document 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: See attached wpaform5.doc • rev. 3/1/05 Page 5 of 9 LlMassachusetts 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 DEP File Number: 242-1308 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: wpaform5.doc • rev. 3/1/05 Page 6 of 9 a. Municipal Ordinance or Bylaw b. 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. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation 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. If you need more for c. The special conditions relating to municipal ordinance orb law are as follows:space additional conditions, See attached select box to attach a text document wpaform5.doc • rev. 3/1/05 Page 6 of 9 DEP FILE # 242 - 1308 Therefore, the North Andover Conservation Commission (hereafter the "NACU) 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 except those specifically stated in condition 20 herein. 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). 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. C:\Winword\OOC\ I 0250sgood/Teadwells.doc I NACC 9/15/2005 DEP FILE # 242 -1308 25. This Order of Conditions is issued under File No. 242-1308. 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: the construction of a 3 -story retail/office building with associated parking, utilities, grading, and stormwater management facilities within the buffer zone to a Bordering Vegetated Wetland. Proposed work is also located within the Watershed Protection District. The applicant filed separate plans to reflect several phases of the project (Phase I & Phase II), however all work under both phases are a part of this Order of Conditions. 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: Hearthstone Realty Corp. (Applicant) 28 Andover Street Andover, MA 01810 Entitled "Treadwell's Ice Cream Stand" Dated March 18, 2005, Received April 1, 2005 Prepared by: MHF Design Consultants, Inc. 103 Stiles Road, Suite 1 Salem, NH 03079 Site Plans prepared by: MHF Design Consultants, Inc. Entitled, "Site Development Plans for Treadwell's Re - Development" consisting of sheets 1-8, dated January 28, 2005 with revisions made through August 10, 2005. Stamped & Signed by Frank C. Monteiro, P.E. Sheet 1 of 8 Entitled, "Cover Sheet" Sheet 2 of 8 Entitled, "Existing Conditions Plan" Sheet 3 of 8 Entitled, "Site Development Plan" Sheet 4 of 8 Entitled, "Grading, Drainage Utilities & Erosion Control Plan" Sheet 5 of 8 Entitled, "Site Details" Sheet 6 of 8 Entitled, "Grading, Drainage & Erosion Control Details" Sheet 7 of 8 Entitled, "Water & Sewer Details" C:\Winword\00C\I0250sgood/Teadwells.doc 2 NACC 9/15/2005 DEP FILE # 242 -1308 Sheet 8 of 8 Entitled, "Roof Infiltration System/Underground Detention System Details". Sheet 1 of 1 Entitled, "Fire Truck Access Plan" Sheet 1 of 1 Entitled, "Lighting Plan" Additional Plans: Prepared by MHF Design Consultants, Inc. Entitled "Site Plan Special Permit Plans for Treadwell's Re - Development Phase I, consisting of sheets 1- 4, dated February 9, 2005, last revised 8/10/05 Entitled "Watershed Special Permit Plans for Treadwell's Re - Development Phase I" consisting of sheets 14, dated February 9, 2005, last revised 8/10/05. Stamped & Signed by Frank C. Monteiro, P.E; Other Reports, Plans & Documents: "Stormwater Management, Drainage Calculations & Best Management Practices" Report, last revised dated August 3, 2005, prepared by MHF Design Consultants, Inc.; includes the Stormwater Operation and Maintenance Plan (Section 6, pages 10 & 11); Plans entitled "Pre Development Drainage Figure" & "Post Development Drainage Figure", dated January 28, 2005, last revised 8/3/05 prepared by MHF Design Consultants, Inc.; Letter from Division of Fisheries & Wildlife Natural Heritage Endangered Species Program dated May 4,2005; Review letter prepared by Lisa Eggleston, Eggleston Environmental dated June 7,2005; Response letter prepared by MHF Design Consultants, Inc. dated July 6, 2005, Review letter prepared by Lisa Eggleston, Eggleston Environmental dated July 27,2005; Response letter prepared by MHF Design Consultants, Inc. dated August 3, 2005, Review letter prepared by Lisa Eggleston, Eggleston Environmental dated August 10, 2005; Response letter prepared by MHF Design Consultants, Inc. dated August 15, 2005. C:\Winword\00C\10250sgood/Teadwells.doc 3 NACC 9/15/2005 DEP FILE # 242 -1308 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). This resource.area is 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. 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. The resource area delineation was approved under an ORAD issued on 9/12,/03 (242-1211) and reconfirmed for this project. 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 (25') No Disturbance Zone and a fifty -foot (50') No Construction Zone shall be established from the edge of the adjacent wetland resource area. 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. 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. 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions 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. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage PRIOR TO CONSTRUCTION 36. 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. 37.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 C:\Winword\00C\I0250sgood/Teadwells.doc 4 NACC 9/15/2005 DEP FILE # 242 -1308 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. 38. 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 242-1308." 39. 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. 40. 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 c to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41. Prior to any work commencing on site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including, but not limited to, the installation of temporary and permanent erosion control devices, installation of the stormwater drainage structures to be completed before other work begins on site, and housing development. 42. 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 n taintained 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. C:\Winword\00C\10250sgood/Teadwells.doc 5 NACC 9/15/2005 DEP FILE # 242 -1308 43. 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 referenced herein. The erosion control barrier shall be inspected and approved by the NACC 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. 44. 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 30 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 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. Additional soil testing must be conducted prior to construction and prior to any building permit application, to determine soil suitability and high groundwater elevations to facilitate the design of the proposed underground stormwater detention basin. At least one confirmatory soil test pit in the proposed underground detention basin area shall be performed to demonstrate that the bottom of the basin would be above the maximum seasonal high groundwater elevation. Conservation staff shall witness said soil testing. The Conservation Department shall be notified at least 48 hours in advance of this testing to ensure staff availability. Upon completion of testing activities, soil test results and data must be submitted to the Conservation Department for review and approval prior to the sign off of any building permit application. 48. The applicant shall designate a Professional Wetland Scientist as the project's "Erosion Control Monitor" (ECM) to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. C:\Winword\OOC\I0250sgood/Teadwells.doc 6 NACC 9/15/2005 DEP FILE # 242 -1308 This professional must submit a letter to the Conservation Department, on company letterhead stating they have been retained as the project's Erosion Control Monitor. The designated Erosion Control Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes. The ECM 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. 49. 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 EMC 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. Weekly Monitoring reports are not required for any non -jurisdictional work unrelated to the activities as defined and approved under this Order. The EMC 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. 50. Prior to construction, the applicant shall permanently mark the edge of the "25' No - Disturbance Zone" with ten (10) signs or markers spaced evenly every 25 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 each. The placement of the markers on the site is 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. 51. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days after to the closing of said land transaction. 52. 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 CAWinword\00C\10250sgood/Teadwells.doc 7 NACC 9/15/2005 DEP FILE # 242 -1308 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 53. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 54. A crushed stone construction entrance shall be designated at each entrance/exit to minimize soil/material tracking on Great Pond Road and Osgood Street in accordance with Best Management Practices standards and specifications. This entrance shall be maintained and reinforced as necessary. 55. 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. 56. Upon beginning work, the applicant shall submit written progress report every month detailing what work has been done in or near resource areas, and anticipated work to be completed over the next period. This will update the construction sequence. 57. The NACC shall be notified in writing of any lot line or number changes with a copy of a plan showing these changes prior to any work on these lots. 58. The sewer lines on the site shall be tested for water tightness in accordance with North Andover DPW standards. 59. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 60. De -watering activities anticipated shall be supervised and witnessed by the designated Erosion Control Monitor (ECM). This designee must be on-site while work specific to de- watering activities are occurring and until complete. Activities shall be monitored daily by the ECM 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 under the MA Wetlands Protection Act and / or the North Andover Wetlands 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 tank or basin, to reduce turbidity prior to discharge into a resource area. u:\wmworawuuxiuz-)Usgood/7'eadwells.doc 8 NACC 9/15/2005 DEP FILE # 242 -1308 61. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 62. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 63. The roadways shall be swept at least once per week or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or the Conservation staff for as long as the site remains exposed and unstabilized. 64. 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 19t of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 65. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be permanently stabilized using clean, stone riprap or biodegradable matting. 66. Equipment shall not be staged overnight within 50 -feet of a wetland resource area. 67. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 68. 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. 69. 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. C:\Winword\00C\10250sgood/Teadwells.doc 9 NACC 9/15/2005 DEP FILE # 242 -1308 STORMWATER MANAGEMENT CONDITIONS 70. All construction and post -construction stormwater management structures shall be maintained and monitored in accordance with the approved Operation and Maintenance Procedures plan included as an attachment to this Order, approved site plans, the MA Stormwater Management Policy, and as approved by the NACC. 71. All stormwater management facilities and the underground detention basin shall be properly installed and functional throughout the life of the project and in perpetuity. During construction, all drainage structures and the underground detention basin shall be maintained, as outlined in the Operation and Maintenance Plan as referenced and attached herein. 72. Construction of the underground stormwater detention basin shall be constructed and functioning as part of the initial project phase. 73. All stormwater management facilities shall be designed & constructed in accordance with the approved plans referenced herein. 74. All stormwater Best Management Practices (BMPs) shall be maintained as specified in the Operation and Maintenance Plan and as incorporated in the Order of Conditions. A Registered Professional Civil Engineer shall provide evidence of the maintenance of the stormwater management system to the NACC on an annual basis. The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual 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. 75. 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. 76. Water quality of the adjacent Bordering Vegetated Wetland (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. 77. 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. This condition will remain in perpetuity. C:\Winword\00C\10250sgood/Teadwells.doc 10 NACC 9/15/2005 DEP FILE # 242 -1308 78. All roof runoff shall be directed to the infiltrators to provide groundwater recharge, as shown on the approved plans referenced herein. 79. 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. This condition will remain in perpetuity. 80. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the Operation & Maintenance Plan and the associated stormwater management conditions referenced and attached herein. 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 Town's Wetland protection Bylaw. 82. 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. Only organic fertilizers may be used. 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. 83. 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. A minimum of four (4) Permanent signs designating "No -Salt Zone" and "No - Snow Stockpiling Zones" shall be displayed in prominent locations along the southeastern parking area fronting Great Pond Road upgradient to the wetland resource area. The locations of the signs are subject to review and approval by the Conservation Administrator or agent thereof. 84. Snow shall be stockpiled on the designated snow storage areas as depicted on the approved plans referenced herein only. Excess snow shall be trucked off site if snow exceeds onsite storage capacity. 85. 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. C:\Winword\00C\10250sgood/Teadwells.doc 11 NACC 9/15/2005 DEP FILE # 242 -1308 86. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed areas shall be seeded. 87. 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. 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 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. This certification statement shall include verification that the stormwater management system functions as designed. i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and 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. Plans shall also detail information sufficient to define the geometry of the basins and systems, including the applicable seasonal high groundwater elevations. The plans shall be accompanied by as -built volumetric calculations (pre vs. post construction) NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stonewalls, pools, retaining walls, subsurface utilities and decks. ➢ A line -showing the limit of work and the extent of existing erosion control devices. "Work" includes aU disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. C:\Winword\OOC\10250sgood/Teadwells.doc 12 NACC 9/15/2005 DEP FILE # 242 -1308 88. 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 this filing. 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 these setbacks as established under the local Bylaw (Condition #32); ➢ Discharge or spillage of pollutants (Condition #69); ➢ Maintenance of catch basins (Condition #77); ➢ 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 blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #79); ➢ The attached Operation and Maintenance Plan prepared by MHF Design Consultants, Inc. (Section 6, pages 10 & 11). No additional filings will be required to conduct maintenance of the above referenced system and plan. ➢ Prohibition of underground fuels (Condition #81); ➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #82 & # 83). C:\Winword\OOC\I0250sgood/Teadwells.doc 13 NACC 9/15/2005 DEP FILE # 242 -1308 I, 1) APPENDIX A — AFFIDAVIT (authorized agent of applicant and / or owner) I am the on oath do hereby depose and state: (PLEASE CHECK AT LEAST ONE BLOCK) (position with applicant) of (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File #) placed upon by the North Andover Conservation Commission (NACC). 2) I am the (position with owner) and / or of (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File #) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20---, 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 the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of , 20 (Authorized agent of applicant or owner) C:\Winword\00C\10250sgood/Teadwells.doc 14 NACC 9/15/2005 Standard # 7: Redevelopment proiects The site is not a redevelopment project. Standard # 8: Erosion/sediment control Erosion and sediment controls are incorporated into the project design to prevent erosion. Standard #9: Oueration/maintenance plan Construction Phase The BNIPs associated with this project will be owned by Great Pond Crossing, LLC., who will be responsible for inspection, operation and maintenance. 1) The contractor is to install and maintain drainage facilities as shown on plan (166604, by N HF Design Consultants, Inc., Revised August, 2005). 2) Prior to construction, all erosion/silt control devices shown on above plan are to be installed. To prevent silt intrusion into surrounding areas during construction, the contractor is to set silt fencing at all slopes which may erode in the direction of any open drainage facilities or abutting property. Such preventive measures are to be maintained throughout the construction process. 3) All construction of drainage facilities is to be inspected by inspectors from the Town of North Andover and WE Design Consultants, Inc. to verify conformance to the design plan. 4) The sequence of drainage construction shall be as follows: a) Clear, grub, excavate areas for detention system. b) Install catch basins, pipes, stormceptors and detention system. c) Trench and install drainage channel. 5) Erosion controls are to be inspected and maintained on a daily basis. Upon discovery of siltation build-up in any catch basin sumps, Stormceptor unit, infiltration trenches or any other structures, cleaning shall be performed. 6) All exposed soils shall be immediately stabilized with a layer of mulch hay. 7) Upon installation of catch basins, inlet protection - as described on aforementioned plan - shall be installed and maintained until ready for paving. 8) Prior to construction of impervious areas, all drainage structures and pipes shall be installed and inspected for proper function. During construction of other site features, all drainage facilities F;\Projects\Eng\1666(14\Drainagc Report-Revs-3-O5.doc Page 10 shall be inspected on a daily basis and cleaned/repaired immediately upon discovery of sediment build-up or damage. 9) After paving is installed, it shall be swept clean on a monthly basis. Post -Development Phase The owner is to be responsible for maintenance of all drainage structures in the project - including drain pipes and detention system. The future owner is expected to be Great Pond Crossing, LLC., who will ultimately be responsible for compliance with Plan. Regular maintenance is to include the following: 1) Inspection of all drainage facilities (catch basins, drainage channel, Stormceptors, underground detention and infiltration system,) every three months. During the first year of operation, all drainage facilities should be inspected after every large storm, and 2-3 days afterward. During these inspections the inspector as designated by Great Pond Crossing, LLC., shall look for evidence of the following: structural damage, silt accumulation (near inlet inverts on catch basins), and improper function. 2) After inspection, if any of the above conditions exist, the inspector shall notify Great Pond Crossing, LLC., who shall immediately arrange for all necessary repairs and sediment removal. 3) Parking areas are to be swept clean every three months spring through fall and otherwise as needed (i.e. visually noticeable debris build-up). 4) The Catch Basins, Drainage Channel, Infiltration Trenches, Detention System and Stormceptors are to be inspected every three months. Remove oil, debris and sediment after inspections. 5) All graded slopes shall be inspected every spring for erosion. Upon discovery of any failure (i.e. erosion) loam and seed shall be put in place and nurtured. 6) During the winter months, all snow is to be stored such that snowmelt is controlled within the paved area and enters the storm water treatment systems. In the event the amount of snow exceeds such capacity, it is to be removed off-site. The minimum amount of deicing chemicals needed is to be used. No toxic chemicals are to be used for snow or ice control. 7) During the summer months, all landscape features are to be maintained with the minimum possible amount of fertilizers, pesticides or herbicides. The materials used should be organic, biodegradable, non-toxic in nature. If in question, maintenance personnel should check with the Conservation Commission. All personnel involved with the maintenance of landscaping will be informed of this condition. F:CProiects\Eng\166604\Drainagc Rcport-Rev8-3-05.doc Page 11 I L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance DEP File Number: 242-1308 This Order is valid for three years, unless otherwise specified as a special 9// y OS condition pursuant to General Conditions #4, from the date of issuance. 1. Date if lss nce Please indicate the number of members who will sign this form: Y This Order must be signed by 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 De fitment of Environmental Protection Regional Office, if not filing electronically, and the erty owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North * � ¢r I � 900 .S On this Day of Month Year Before me, the undersigned Notary Public, Sco Wsse_ personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover DONNA M. W -D NOTARY PUBLIC COMMONWEALTH OF VA t. 99 ------- MY Comm. Expl= A City/Town Place notary seal and/or any stamp above This Order is issued to the applicant as follows: g"*by hand delivery on �is os Date Conservation Commission //1., S ature of Notary Public Da aa 4 in GtI�D�� Printed Name of Not ry Public � 77,2200 9 My CommissionEftires (Date) ❑ by certified mail, return receipt requested, on Date wpaform5.doc • rev. 3/1/05 Page 7 of 9 Massachusetts 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 F. Appeals DEP File Number: 242-1308 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 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. 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 Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G, Recording Information is available on the following page. wpaform5.doc • rev. 3/1/05 Page 8 of 9 4 . r Massachusetts 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 G. Recording Information DEP File Number: 242-1308 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 this form 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: 242-1308 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner 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 wpaform5.doc • rev. 3/1/05 Page 9 of 9 Massachusetts Department of Environmental Protection Ll\ DEP FileNumber: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1211 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover Conservation computer, use Conservation Commission only the tab key to move This Issuance is for (check one): .your cursor - do not use the return key. ® Order of Resource Area Delineation ❑ Amended Order of Resource Area Delineation To: Applicant: Daniel Corbett Name 27 Andover Street Mailing Address Danvers MA 01923 Property Owner (if different from applicant): Goodwin Trust, C/o Russell Treadwell Name 3667 Huntington Place Drive Mailing Address Sarasota FL 34237 City/Town State Zip Code City/Town 1. Project Location: 1025 Osgood Street North Andover Street Address City/Town Map 35 Parcel 20 Assessors Map/Plat Number Parcel /Lot Number 2 State Zip Code Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Site Development Permit plan 7/24/03, Rev. Title 8/28/03 Abbreviated Notice of Resource Area Delineation August 2003 Title Date Title 3. Dates: August 2003 Date Notice of Intent Filed 9/10/03 9/12/03 Date Public Hearing Closed Date of Issuance Date wpaform4b.doc • rev. 12/15/00 Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1211 Massachusetts. Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP . Order of Delineation The Conservation Commission has determined the following (check whichever is applicable): ® Accurate: The boundaries described on the referenced plan(s) above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): ® Bordering Vegetated Wetlands ❑ Other Resource Area(s), specifically: ❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn from the following resource area(s): ❑ Bordering Vegetated Wetlands ❑ Other Resource Area(s), specifically: ❑ Inaccurate: The boundaries described on the referenced plan(s) and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): ❑ Bordering Vegetated Wetlands ❑ Other Resource Area(s), specifically: The boundaries were determined to be inaccurate because: wpaform4b.doc • rev. 17J15/00 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Raseurcp Area Delineatinn 242-1211 Massachusetts. Wetlands Protection Act M.G.L. c. 131, §40 B. Order of Delineation (cont.) Provided. by DEP This Order of Resource Area Delineation determines the boundaries of those resource areas noted above and is binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131, § 40) and its regulations (310 CMR 10.00) regarding such boundaries. This Order does not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not specifically. noted above, regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation. This Order must be signed by a majority of the Conservation Commission. The Order must be sent by certified mail (return receipt requested) or hand delivered to the applicant. A co ust be mailed or hand delivered at the same time to the appropriate DEP Regional OfficeAppencjix-f�►) This Order is valid for three years from the date of issuance. This Order is issued to the applicant and the property owner (if different) as follows: ❑ by hand delivery on Zby certified mail, return receipt requested on 9/i2/v�3 Date Date ' 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 (see Appendix A) to issue a Superseding Order of Resource Area Delineation. 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 for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.030 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 bylaw or ordinance, and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform4b.doc • rev. 12/15/00 Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A - DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments, payable to: Amesbury Chelmsford Hingham Merrimac Commonwealth of Massachusetts 205 Lowell Street Andover Chelsea Holbrook Methuen Department of Environmental Protection Walpole Wilmington, MA 01887 Arlington Ashland Cohasset Box 4062 Middleton Reading Waltham Phone: 978-661-7600 Bedford Concord Danvers Boston, MA 02211 Millis Milton Revere Rockport Watertown Wayland Fax: 978-661-7615 Belmont DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Essex Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone: 413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Gloucester Belcherlown East Longmeadow Holland New Ashford Savoy Westfield Fax: 413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton Hamilton Blandford Erving Hunfington New Salem Shelburne West Springfield Haverhill Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Chademont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Milhdlle Shirley Warren Worcester, MA 01605 Ashby Athol Douglas Hudson New Braintree Shrewsbury Webster Dudley Holliston Northborough Southborough Westborough Phone: 508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston Fax: 508-792-7621 East Brookfield Leicester North Brookfield Spencer West Brookfield TDD: 508-767-2788 Bane Barre Fitchburg Leominster Oakham Sterling Westford Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Lakeville, MA 02347 Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Avon Duxbury Halifax NewBedford Rochester Wellfleet Phone: 508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax: 508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport TDD: 508-946-2795 Bourne Easton Harwich Norwell Scituate West Tisbury Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Wilmington, MA 01887 Arlington Ashland Cohasset Hull Middleton Reading Waltham Phone: 978-661-7600 Bedford Concord Danvers Ipswich Lawrence Millis Milton Revere Rockport Watertown Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley TDD: 978-661-7679 Beverly Billerica Doer Dracut Lincoln Lowell Natick Salem Wenharn Boston Essex Lynn Needham Newbury Salisbury Saugus West Newbury Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester -By -The -Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpafonn4b.doc • Appendix A • rev. 11/22/00 Page 1of 1 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands i; WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1 forms on the computer, use only the tab key to move your cursor - do not use the return key. City/Town State Zip Code Phone Number Fax Number (if applicable) a AV Project Location Mailing Address 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 Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address Phone Number 3. DEP File Number. B. Instructions 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Omer of Resource Area Delineation Fax Number (if applicable) 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 Wpaform4b.doc • Appendix E - rev. 2100 Page 1 of 2 a.. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E— Request for Departmental Action Fee Transrihiftat 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. Wpaform4b.doc • Appendix E • rev. 2100 Page 2 of 2 ` -3`e •1�,; .� Town of North Andover Office of the Planning Department Community Development and Services Division 400 Osgood Street =. North Andover, Massachusetts 01845 NOTICE OF DECISION Any appeal shall be tiled within (20) days after the date of filing this notice in the office of the Town Clerk. Date: September 6, 2006 Date of Hearings: 7/18/06, 8/15/06, & 9/5/06. Date of Decision: September 5, 2006 Petition of: Hearthstone Realty Corporation 28 ,Andover Street, Andover, MA 01810 Premises Affected: 1025 Osgood Street, North Andover, MA 01845, within the General Business Zoning District, Assessors Map 35, Lot 20. 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: to construct a 15,228 s.f. retail and office building, 100 parking spaces, creation of a driveway and parking casement, extensive grading work and landscaping in the General, Non -Disturbance and Non -Discharge Zones of the Watershed Protection District ("Phase Il"). 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: Tr n D, -,.ulnr_nts \t��lic;uit Emvinecr :butters 1ssossor N� C E � W I P�. SEP J " 2006 BOARD OF APPEALS Planning Board John Simons. Vice Chairman Alberto Angles, Clerk Jack Green Jennifer Kusck Richard Rowen. ,Alternate !025 Osgood Street, flap 35 Lot 20 Watershed Special Pennit - Phase II September 5, 2006 The public hearing on the above referenced application was opened July- 18, 2006 closed by the North Andover Planning Board on September 5, 2006. Chris Tamula, %IHF Design Consultants, appeared on behalf of the petitioner Hearthstone Realty Corp. On September 5, 2006 upon a motion made by John Simons and seconded by Richard Row en to GR.1NT a Watershed Special Permit to construct a 15?88 s.f. retail building, 100 total parking spaces, drainage system network, extensive grading and landscape work in the General, Non - Disturbance, and Non -Discharge Zones of the Watershed Protection District, under the requirements of Section .4.1 i6 & 10.3 of the North Andover Zoning Bylaw. The plan further includes the creation of a "Parking and Driveway Easement" located on easterly property line of the abutting parcel 1003 Osgood Street, Map 35, Lot 50. The purpose of which is to create a combined access road into both properties and 9 parking spaces. The project is a continuation of the Phase I renovation and expansion of the Treadwell's Ice Cream approved by the Planning Board on March 16, 2005. This Special Permit was requested by Hearthstone Realty Corporation of 28 Andover Street, Andover, MA 01810 on June 23, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 4-0 A special permit issued by the special permit granting authority requires a vote of at least four members of a five -member board. 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 to this decision within twenty days after the date this decision has been filed with the Town Clerk. 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. 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 this finding on the following tacts: a) The existing structure is connected to the Town sewer and water systems. b) A deed restriction will be placed 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 construct the proposed ,addition. Gradin- and the construction of the parking; area are located outside the 50 -toot Conservation No -Build Zone. 1025 Osgood Street, Map 35 Lot 20 Watershed Special Pcrmil - Phase Ii Septcnlher 5. 2006 e) Certification has been provided b) a registered professional engineer and further verified by the Town's consulting engineer, Vanasse, Hangen Brustlin, Inc. (VHB) that the building and parking area wcre designed using Best Management Practices and that project will not have an effect on the quality or quantity of runoff entering the watershed protection district. Refer to letters dated October 13, 2005. August 31, 2006, and September 8, 1006 from VHB. Further, adequate safeguards have been provided to mitigate pollutants frons entering Lake Cochichewick. t) The construction has been reviewed by Tow n Staff and the Town's consulting engineer. VHB, and with the application of the erosion control measures and modifications to the drainage and stormwater management 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 management 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, Vanasse, Hangen Brustlin, Inc. (VHB). Refer to letters dated October 13, 2005, August 31, 2006, and September 8, 2006 from VHB. g) The Water Quality Testing and an Emergency Response Plan program required by the Site Plan Special Permit approved on September 5, 2006 have been incorporated into this decision by reference. 2. There is no reasonable alternative location outside the General, Non -Disturbance, and the Discharge Zones for any discharge, structure or activity. 3. The terms, conditions, and plans referenced in this Special Permit shall render all previously approved Watershed Special Permits for 1025 Osgood Street, Phase 11 null and void. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) 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; 2) The use will not adversely affect the neighborhood as the lot is located in a General Business zoning district. 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 satcty ;and welfare of the residents ofN'orth Andover; 3) There will he no nuisance or serious hazard to Nchicles or pedestrians, The applicant has +.icnu 1-IStratul that ( I ) the proposed access and egress point from Great Pond Road and Osgood Street will not signiticantly increase trattic flow or volunhes and (2) the parking design provides ,6r adequate traffic flow. safct�, and sufficient pedestrian connections throughout the project. 'gine (9) of the 100 parking spaces located on the southerly portion of the property shown on Sheet 3 labeled "9 Future Parking Spaces If Needed (Loam and Seeded)"' have been designed 1025 Osgood Street, Map 35 Lot 20 \Vatershed Special Pcrmit - Phase 11 Scoember 5, 2006 and engineered, but will be constructed at a future date. Said parking space will be graded. loamed, and seeded in accordance with the approved plans until at such time parking needs require additional parking spaces on the site to be constructed; 4) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will provide Town water, sc`vcr, 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.; 5) The existing lot conforms to the minimum lot area requirements for a lot within the General Business District as shown in Table 2 of the North Ando er 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. 7) The siding, materials used, and architectural style for the retail office building per elevations submitted. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Permit Definitions: a) The "Locus" refers to the 77,645 sf parcel of land with land fronting on Osgood Street as shown on Assessors Map 35, lot 20, and also known as 1025 Osgood Street, North Andover,'Ylassachusetts. b) The "Plans" refer to the plans prepared by MHF Design Consultants dated January 28, 2005, august 18, 2005, revised August 16, 2006 entitled "Site Development Plans for Treadwell's Redevelopment, 1025 Osgood Street, North Andover, Massachusetts 01845" and consisting of sheets 1 through 8. c) The "Project" or "1025 Osgood Street" refers to the development of 15,288 square feet of retail space, one hundred (100) parking spaces, and associated grading and extensive landscaping work. Nine (9) of the 100 total parking spaces located on the southerly portion of the property shown on Sheet 3 labeled "9 Future Parking Spaces If Needed ( Loam and Seeded)" have been designed and engineered, but will be constructed at a future date. Said parking space will be graded, loamed, and seeded in accordance with the approved plans until at such time parking demands require additional parking spaces be constructed. The project includes the creation of a driving and parking easement on !003 Osgood Street. %lap 35. Lot 50 and depicted on Sheet 3 of the Plans as referenced below. d) The " \pplicant" refers to Hcailhstone Realty Corporation, the applicant for the Special Pcrmit. 4 :025 Osgood Street, Flap 35 Lot 20 N ,Uershed Special Penuit - Phase. [[ September 5. 21006 e) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time. which can include but is not limited to the applicant, developer, and owner. ?) The Town Planner shall approve any changes made to these plans. .fin}, chanPes dcemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. This Watershed Special Pcnmit may only be used in con unction with the Site Plan Special Pen -nit for these same premises (Phase Il) approved September 5, 2006. 3) Prior to issuance of a building permit: a) A performance guarantee bond of three thousand dollars (S3,000.00) 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 the 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 September 5, 2006 Site Plan Review Special Permit for Phase I1. e) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. 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. =4) 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 contOrmrnce 'Kith the approvcd plan. cj The approked Emergency Response Plan and ylaintenancc Procedures and \Dater Quality Testing. Program ,cquircd under Spccial Conditions 5(D) and "(D) xspccttully of tile September 5, 2006 Site Plan Special Permit shall be submitted to the Planning Department. 5 .025 Osgood Street, flap 35 Lot 20 V1 atcrshed Special Pemit - Phan It September 5, 2006 5) In no instance shall the applicant's proposed construction be allowed to htrther impact the site other than as proposed on the plans referenced in Special Condition X12. 6) The applicant must comply with the conditions set forth in the Site Plan Review Special Permit approved on September 5, 2006 and the ConserN ation Commission Order of Conditions related to Phase 11 of this project. Upon the determination by the Planning Board that the dc\ cloper has undertaken substantial use or construction of Phase; 11, the Watershed Special Permit for Phase 1 approved on ;March 16, 2005 for this project shall be rendered null and void. \Nio open burning shall be done except as is pennitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) 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. 10) 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. 1 l) This Special Permit approval shall be deemed to have lapsed September 5, 2008 (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. 12) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Site Development Plans for Treadwell's Re -Development 1025 Osgood Street, North Andover, Ivlassachusctts 01845 Prepared for: Hearthstone Realty Corp. 28 Andover Street Andover, IIA 0 18 10 Prepared by: %MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Scale: I" 20' Date: .Ianuan• 28, 2005, Revised October 18. 2005, ,August 16, 2006 Sheets: 1 —8 6 1025 Osgood Strcct, flap 35 Lot 20 \� atershed Special Permit - Phase It September 5. 2006 b) Report: Stone'Kater Managemcnt Drainage Calculations & Best 'Management Practices Prepared for: Hearthstone Realty Corp. Prepared by: yIHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Date: Jul) 6, 200 cc: Director of Public `Forks Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File h Town of North Andover - � Office of the Planning Department., Community Development and Services Division ` tY P 400 Osgood Street :North Andover, Massachusetts 0154 .any appeal shall he filed within (20) days after the date of filing this notice in the office of the Town Clerk. NOTICE OF DECISION' Date: September 6, 2006 Date of Hearing: July 18, 2006, ,'august 15, 2006, and September 5, 2006 Date of Decision: September 5, 2006 Petition of: Hearthstone Realty Corporation 28 Andover Street, Andover, MA 01810 Premises Affected: 1025 Osgood Street, North Andover, MA 01845, within the General Business Zoning District, Assessors Map 35, Lot 20. Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A, Sec. 9 So as to allow: to construct a 15,228 s.f. retail and office building, 100 parking spaces, creation of a driveway and parking easement, extensive grading work and landscaping within the General Business Zoning District. _after a public hearing given on the above date, the Planning Board voted to APPROVE A SITE PLAN' SPECIAL PERMIT based upon the following conditions: i p North Andover Planning Board John Simons, Vice Chairman Alberto :angles, Clerk Jack Green .Icnnifer Kusck Richard Rokwcn, A Itcrnatc Cc: I'mkil Departments ',.pplicant -n�Tineer kbutters 1025 Osgood Street, Map 35 Lot 20 Site Plan Special Permit - Phase 11 September 5, 2005 The Planning Board herein approves the Site Plan Special Permit for the construction of 15.285 s.f. retail building, 100 total parking spaces, drainage; system network, extensive grading and landscape work. The Site Plan further includes the creation of a "Parking and Driveway Easement" located on easterly property line of the abutting parcel 1003 Osgood Street, Map 35, Lot 50. The purpose of which is to create a combined access road into both properties and 9 parking spaces. The building is located out 1025 Osgood Street, %lap 35, Lot 20 in the General Business (GB) Zoning District. The project is a continuation of the Phase l renovation and expansion of the Treadwell's Ice Cream approved by the Planning Board on March 16. 2005. This Special Permit was requested by Hearthstone Realty Corporation of 28 Andover Street. Andover, MA 01810. Access and egress from the site will be from Great Pond Road and Osgood Street. The purpose of the proposed project is to construct Phase 11 of Treadwell's. This Special Permit was requested by Hearthstone Realty Corporation located at 28 Andover Street, Andover, MA 01810. The application was filed with the Planning Board on June 23, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9 The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is located in the General Business Zone and involves the construction of a retail building. 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. 2) 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 and Osgood Street 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. Nine (9) of the 100 parking spaces located on the southerly portion of the property shown on Sheet 3 labeled "9 Future Parking Spaces if Needed (Loam and Seeded)" have been designed and engineered, but will be constructed at a future date. Said parking space will be graded, loamed, and seeded in accordance with the approved plans until at such time parking needs require additional parking spaces on the site to be constructed. The landscaping approved as part of this plan meets the 1-cquirements of Scction 8.4 ;is .amended b,, the Planning Board, of the North ,1ndovcr Zoning Bylaw. 4) The site drainage system and storm water management design arc designed in accordance with the ToNAn B,law rt;qulrelncnts and Beast Englnccring and Managcinellt Practicl;s, and has been reviewed by the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. E 1025 Osgood Street, flap 35 Lot 20 Site Plan Spccial Pcimilt - Phasc II September 5, 2005 (VHB). Refer to letters October 13, 2005. August 3l, 2006, and September 8, 2006 from VHB. Further. adequate safeguards have been provided to mitigate pollutants from entering Lake CochicheN\ ick. 5) The shared acccss,'cgress road and parking area results in a better overall and cohesive plan that improves internal external circulation of vehicles, pedestrians, parking, and emergence access and provides for a more aesthetically pleasing and cohcsi\ c proJcct for 1025 Osgood Street and 1003 Osgood Street. 6) A Nater Quality Testing program for the site has been incorporated as part of this decision. 7) An Emergency Response Plan has been incorporated as part of this decision. 8) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw - 9) 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. 10) The terms, conditions, and plans referenced in this Special Permit shall render all previously approved Site Plan Special Permits for 1025 Osgood Street, Phase 11 null and void. 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, but requires conditions in order to he 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 77,645 sf parcel of land with land fronting on Osgood Street as shown on Assessors Nlap 35, lot 20, and also known as 1025 Osgood Street, North Andovcr, Massachusetts. ii) The "Parking and Driveway Easement" refers to a parking arca consisting of nine (9) total parking spaces, a 10' x 10' concrete pad for two durnpsters with tenced in enclosures and C:i.pe Cod berms, and an access,;cgress roadway located on easterly property line of the abutting parcel 1003 Osgood Street, 'flap 35, Lot 50 as shown on '-;Beet 3 ol'8 labeled "Proposed Parking :end Easenicnt" on the site plans referenced in this decision. The purpose of the permanent casement is for the mutual 'xnctit of both properties for the access and egress by foot or b -, means of t chicle and vchicular parking. 1025 Osgood Street, Map 35 Lot 20 Site Plan Special Permit - Phase. [I September 5. 2005 ii) The "Plans" refer to the plans prepared by %1HF Design Consultants dated Januar}, 38, 2005, August 1 S. 2005, revised August 16, 3006 entitled "Site Development Plans for Treadwell's Redevelopment, 1035 Osgood Street. North AndoN er. 'Massachusetts 01345" and consisting of sheets I through S. iii) The "Project' or "1025 Osgood Street" refers to the development of 15,338 square feet of retail space, one hundred (100) parking spaces, and associated gradin,_ and extensive landscaping work. dine (9) of the 100 total parking spaces located on the southerly portion of the property shown on Sheet 3 labeled "9 Future Parking Spaces If Needed (Loam and Seeded)" have been designed and engineered, but will be constructed at a future date. Said parking space will be graded, loamed, and seeded in accordance with the approved plans until at such time parking demands require additional parking spaces be constructed. 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 as referenced below. iv) The "Applicant" refers to Hearthstone Realty Corporation, 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 11h 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 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 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 Lipplicant an&or deN-eloper. 4 1025 Osgood Street, Nlap 35 Lot 20 Site Plan Special Permit - Pliase 11 September 5.'_005 3) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: k) 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 revicw within n1net}i (90) days. ['ailing Submission of required tinal plans within 90 days will render this Special Pen -nit null and void. B) The applicant will submit "Parking and Drivcway Easement" document detailing the location, purpose, and responsibilities of each party for the easement located on 1003 Osgood Street, :tap 35, Lot 50 for review and approval by the Planning Board. The language of the easement shall address the installation and maintenance of the easement by both parties. Capon approval, the applicant will record executed casement documentation at the Northern Essex Registry of Deeds and provide a copy of said recording to the Planning Department. C) 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. 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 incur which will cause deposition of soil or sediment upon adjacent properties or public �N ays, except as normally ancillary to off-site sewer or other off site construction. Ott= 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 k\,ith the developer, their construction employees. Planning Dcpartnient. and Conserw,ition De.parimcnt to di"'cuss SClled(.1linc of inspections and inspections to be conducted on the project. F) The developer shall proN. idc the Planning Board u ith copies of permits, plans and decisions received from the Cunser\ation Commission.-•hould the Town Planner find that plans approved by the Conservation Commission substantially differ from the 5 1025 Osgood Street, Map 35 Lot 20 Sitc Plan Special Permit - Phase lI September 5, 2005 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. G) A site opening -erosion control bond shall be in the total amount of ten thousand dollars (S 10,000) 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 tonn of a bond acceptable to the Town and made payable to the Town of North Andover escrow account. Capon fulfilling the requirements under said bond, the said bond amount will be rolled over to Condition 40. H) A bond in the amount often thousand dollars ($10,000) 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. I) A bond in the amount of five thousand dollars (55,000.00) 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 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: I. All structures must contain a commercial fire sprinkler system. The plans and hvdraulic calculations for each commercial system shall be submitted for review and approval by the North Ando er Fire Department. Plans and h\.draulic calculations I' 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 lessc ri the probability and possibility of contamination and incident to tile; 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 n 1025 Osbood Street, Map 35 Lot 20 Site Plan Special Permit - Phase 11 September 5, 2005 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 " ill be distributed to the Town's Fire Department, Police Department, Planning Department, and the project site where the doCUlllent(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. 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. 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 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 andior property owner may provide a bond, determined by the Planning Board, to cover the hall amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to anticipated occupancy. B) "Che 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 :,nd shall he shicaded or recessed so as not to �11111e 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 Plannin`, Staff shall be made at the owner's expense. All site lighting shall prOVICIC SeeLII'Ity for the :-ite :and structures hokN uv er it must not create any -,]are or project any light onto adjacent residential properties. 7 1025 Osgood Street, Map 35 Lot 20 Site Plan Special Permit - Pllase 11 September 5, 2005 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 Ando\.er Building Department to the applicant. The applicant must then provide this certification to the North Andovcr Planning, Departlllellt. D) The applicant shall be required to submit a Nater 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. F) No restaurant other than the proposed "cafe" will be constructed on the site. 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 structures and facilities must be submitted to the Planning Department. The applicant must submit a letter from 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. 9) 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) Snow removal may be stored on the designated storages areas shown on said plans rctercnccd below to the extent possible, but must be trucked orf site whenever snow exceeds on-site storage capacity. D) Should the Project Owner transfer o�knership of the project and or property, the buyer 'hall elect \N ith the Planning Board to provide ,:in update on the status of the project. ll 1025 Osgood Street, Map 35 Lot 20 Site Plan Special Permit - Phasc II September 5. 2005 E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. F) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. G) The hours tin- construction shall be limited to betwccn ?:00 a.m. and 5:00 p.m. �'tonday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. H) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 1) NO underground fuel storage shall be installed. J) 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) 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. L) 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. %/I) 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 to ensure the continued protection of Lake Cochichewiek. Vit) 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. O) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit (September 5, 2006), 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 the construction of Phase 11 AND has installed 1 UO°/o of the designed drainage system. Moreover, any delay arising from the need to Obtain a Special Pcrmit from the Zoning Board of ,appeals rcuarding the pre-existing non - confirming status of the original structures, or any other penults and the time rcgUlrud to pursue ()I-awaitdetermination of any appeals Miall e:onstitule 1100d cause. P) C'pon the dUC1111ination by the Planning Board That the dev�loper has undertaken substantial use or construction of Phase Il, the Site Plan Rcvicw Special Pen it and 9 1025 Osgood Street, ,-lap 35 Lot 20 Site Plan Special Permit - Phase II September 5, 2005 %Vatershed Special Pen -nit approved on March 16, 2005 for Phase f of this project shall be rendered null and void. Q) The applicant must comply with the conditions set forth in the Watershcd Special Permit approved on September 5, 2006 related to Phase if of this project. 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: Site Development Plans for Treadwell's Re -Development Prepared for: 1025 Osgood Street, North Adiclover, Massachusetts 01845. Hearthstone Realty Corp. Prepared by: 28 Andover Street Andover, MA 0 18 10 Prepared by: MHF Design Consultants, Inc. cc: Director of Public Works =. 103 Stiles Road, Suite One Salem, NH 03079 Scale: 1" = 20' Date: Sheets: January 28, 2005, Revised October 18, 2005, ,kugust 16, 2006 1 —8 2) Report: Storm Water Management Drainage Calculations & Best Management Practices Prepared for: Flearthstone Realty Corp. Prepared by: I'VW Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Date: June 21, 2006 3) Elevations: Hearthstone Realty Corp. Osgood Street — Concept Elevations Prepared by: NIaugcl Architects Inc. Harvard, MA Date: April, 2006 cc: Director of Public Works =. Building Inspector Town )tanager Conservation ;administrator ' Drainage Consultant ` Planning Board Police Chief Fire Chief .applicant Enu.incer File 10 G&L Laboratories ♦ Water Analysis ♦ Food/Seafood Analysis 246 Arlington Street, Quincy, MA 02170 Lab. ID #: 75199 Attn: Mr. Steve Reppucci Mad Maggie's Ice Cream 1025 Osgood Street N. Andover, MA 01845 ♦ Metals/Chemical Analysis ♦ Microbiological Testing Tel: (617) 328-3663 Fax: (617) 472-0706 REPORT Sample Received Date/Time: 4/8/16, 4:45 PM Sample Received Temperature: -2.8°C Sample Collected Date/Time: 4/8/16, 2:35 PM Sample Collected By: S.R. (G & L Labs) Sample Analyzed Date/Time: 4/8/16, 5:10 PM Sample Identification: Two (2) frozen dessert samples labeled: 1) Vanilla Ice Cream 2) Vanilla Soft Serve TEST METHOD: A.P.H.A. STANDARD METHOD, 17'h Ed, 2004 TEST RESULTS: SA_ 1) Bacteriological Standard for Frozen Desserts Coliform Plate Count/s < I ECPC < I ECPC 20/50 Report Date: 4/13/16 Total Pages: i Standard Plate Counts 3100 < 2500 ESPC 50,000 LABORATORY QUALITY CONTROLS: All samples were found to be properly cooled upon receipt. All analyses were performed within A.P.H.A. designated holding -times. Pipet, dilution water, agar, air density at the plating are negative. Agar temperature at the plating is 44.0 °C. ECPC: Estimated Coliform Plate Count ESPC: Estimated Standard Plate Count cc: N. Andover BOH Report reviewed and approved by: Lab. Director Signed Date Page 1 of I