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Miscellaneous - 148 MAIN STREET 4/30/2018 (71)
re; 9,00 a-- 056 i a �I l � � � � $ � �°' . 5 (fommonweaGth Official Use Only `� aL3e�art$merttr o�..�ire J�rv,r"6^ j Perri it NL BOARD OF FIRE PREVENTION REGULATION'S 1 Occupancy and Fee 0eavi uiw..,.j APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code WC),527 CMR 32.00 (PLEASE PRINT IN INK OR TYPE ALL INFORIV14TION) Date: ��5— �o,�/� 090/2 City or Town of/� �fj�j? To the Inspector of Wires: By this application the unders gned gives notice of his or her intention to perform the electrical work descri ed below. Location(Street&Number) Zy'a ros-'o-I'd 1-4/1L /�/�f✓,C',::) C/C� Owner'orTenant ,J P13H C1 a)4 Ai) xl_:�S (, Telephone No.9 Z6-a28 1666 Owner's Address /00 C_6PPt_0r(,-tC_ `P)Af 6- St les rte'fit, _11�f,,,ry'y A,,Q Is this permit in conjunction with a building permit? Yes ❑ No (Check Appropriate Box) Purpose of Building_t,�12 S'�I P `� ���� Utility Authorization No. Existing Service Amps / Volts Overhead❑ Undgrd❑ No,of Meters New Service Amps / Volts Overhead❑ Undgrd ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: .7/�r4LC, ShP.� ✓�P __ T. rs��hi� .C�r1h� �'�Gtn.�,o �d�r Com,61etion of the ollowin'take may be waived b'y the Inspectorof Wires. No.of Recessed Luminaires No.of Ceil:Susp.(Paddle)Fa}s IN of Total i Transformers KVA ! No,of Luminaire Outlets No:of Hot Tubs _Generators KVA 1 s No.of Luminaires Swimming Pool Above ❑ In- ❑ o,o Emergency Lighting L:rrnd. rnd. Battery Units No.of Receptacle Outlets No,of Oil Burners FIRE ALARMS I No.of Zones No.of Switches No,of Gas Burners No.of Detection andTot1 InitiatingDevices No.of Ranges No.of Air Cond, Tons No. of AIerting Devices No.of Waste Disposers HeatPump Number Tons KW No.of Self-Contained Totals: '.•'""I.'-""""...... Detection/Alerting Devices No.of Dishwashers Space/Area Heating KW Local❑ Munlcipal ,t,, ❑ Other Connection No,of Dryers Heating Appliances KWSecuritS;s4,• :- No.-of evices or F,quivalen No.of Water No.of No.-of Heaters KWData Wiring: Signs Ballasts No.of Devices or Equivalent No. Hydromassage Bathtubs No,of Motors Total HP Telecommunications Wiring No.of Devices or Equivalent OTHER- Attach additional detail ifdesirea;eras reguiredby'the Inspectorof i��i.•::s. Estimated Value of Electrical Work: ( 0u:_— (When required by municipal policy.) Work to Start:,,_)s%/9/?/„Z Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. Ti undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit'issuing ofnc.�. CHECK ONE: INSURANCE BOND 171 OTHER El (Specify:) I certify, under the pains and hies of perjury,that the information on this application is true and complete. FIRM NAME; Aries Electrical Service and Controls LLC -LIC.N01 6 50 Licensee Nor and Michaud Signatu'� 1IC.1*G?: 395J2!e (Ifapplicable,enter"exempt"in the license number line.) -- -" Bus.Tel.No.• 918 8 j {}544 Address: _ 290 Broadway suite 117 Methuen ma 01844 Alt.Tel.No.. *Per M.G.L.c. 147,s.57-61,security work requires Department of Public Safety"S"License: Lie,No. OWNER'S INSURANCE WAIVER. I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. 'I am the(check onOij owner ❑owner'szg!mt OwnerlAzeprt Signature` Telephone No. mpum --mn 2. N -" The Commonwealth of Massach usetts P`75x M. Department o Industrial Accidents I Office of Investigations 600 Wasliington Street Boston,Mass 02111 www.massgov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/lElectricians/Pluutibers Applicant Information Please Print Legibly Name(Business/Organization/lndividual):_ ARIES_fELECTRICAL SERVICE AND CONTROLS LLC Address: 290 RROAT)WAy STTTTF. - 17 _ .� City/State/Zip: ;MP{ biiPn Ma dll 844 Phone#: 978 687 0544 Are you an employer?Check the appropriate box: Type of project(required): 1.-0 I am an employer with _-f 4.0 I am a general contractor and I 6.C New construction employees(full and/or part time).* have hired the sub-contractors 7.0 Remodeling 2 =? I am a sole proprietor or partner- listed on the attached sheet. Ship and have no erf!p_-f ryees . These sub-contractors have 8.0 Demolition working for me in any capacity. employees and have workers' [No workers comp.insurance comp.insurance.1 9.0 Building addition required] 5.0 We are a corporation and its 0. FKlectrical repairs or additions 3.0 I am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself [No workers'comp. right of exemption perm MGL b p insurance required]; c.152,§1(4),and we have no 12.0 Roof repairs employees.[no workers' 13.0 Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information, tHomeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContactors that check this box must attach an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. I1 the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees Below is the policy and job site information. ,� _ Insurance Company Name: e5 ��� � V _S'� of o Policy#or Self-ins.Lie.#: —742`,"Cd Expiration Date: / •�–Cr ?t�: / Job Site Address: �� y jQ/�U 3 7- City/State/Zip:�y�� Q •Q%v�I i Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration(date) Failure to secure c6verage as required under Section 25a of MGL 152 can lead to the imposition of criminal penalties of a fin up to$1,500.00 and/or one year imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of $250.00 a day against violator.Be advised that a copy of this statement maybe forwarded to the Office of Investigations of th DIA for coves e verification. I do herby certify under the pains and penalties ofperjury that the information provided above is true and correct. Signature: Date: Print Name: Normand Michaud Phonek 978 687 0544 t/ Official use only Do not write in this area to be completed by city or town official City or Town: Permit/license#: . Issuing Authority(circle one): 1.Board of Heath 2. Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact person: Phone# i i i V f f Date. g TOWN OF NORTH ANDOVER p PERMIT FOR WIRING ,SSACHUSE'( _ I Thiscertifies that 2...........:.................:...................................... has permission to perform.p.... `.. +fJGt� - I ............ .... ........... wiring in the building of.. !� ''!`.. .�.L °N �L� at.......... .`" .....4.-+. i:.5+. ......�..t ,, �' ,North dover,Mass. Fee.. . ��."'... .Lic.No.� ,° ......... ..........�''.. QCP ELEGTRI . MiPE;OR tA;p�a Check # f �. 0800 <> - - f II Y -. Stantec Consulting Services Inc. 5 LAN Drive Suite 300 Westford fa1.A 01886-3538 Tel.(978:1692-1913 Fax:!9781692 4578 statttec.com Sin% June 26, 2007 File: 195111296 Mr. Gregory P. Smith GSD Associates 148 Main Street, Building A North Andover, MA 01845 Dear Mr. Smith: Reference: Sewage Pump Station Review Stone Mill Building (GSD Associates) North Andover, Massachusetts This letter describes a site visit with Greg Smith on January 30, 2007 by V. Olson and on February 7, 2007 by W. Terrell to evaluate the existing sewage pump station for code compliance and to make recommendations for an upgrade. We also reviewed plans prepared by others and the Arbitration Award for general code compliance. The existing station failed when winter weather caused the frozen discharge pipe to burst its fittings and discharge sewage to the ground. The existing small electric heater was inadequate to prevent freezing of the discharge pipe. It was noted that the pump discharge was connected to the 2"force main with non-pressure rated unrestrained flexible couplings. It is our opinion that with freezing of the force main, the pressure at the coupling increased to full pump head causing the flexible coupling to slip off the force main. The pump station was not in operation during our initial site visit. After using a pump out truck for a period the discharge pipe was repaired and the pump placed back in service. At the time of our second visit the pump was working, albeit at a frequent pump cycle considering that the building was only partially occupied. The existing sewage pump station building recently reconstructed does not meet the award of the arbitrator dated October 18, 2005 in that the pump shed does not have any power ventilation or sufficient heat designed in conjunction with ventilation system to meet the arbitrator's award requirement that"The pump shed shall have, as a minimum, heat, full insulation, power ventilation upon opening of the access door, sufficient lighting for pump maintenance and a minimum 120 volt,20 amp outlet for maintenance use." The installation and operation of the system was not certified by a Licensed Professional Engineer, Commonwealth of Massachusetts as required by the Award of the Arbitrator. Stantec June 26,2007 Page 2 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting The proposed shed constructed and the proposed pump improvements by representatives for Sutton Pond Condominium Trust do not meet the Arbitrator's requirements since they do not meet applicable codes and manufacturers recommendations as described in the following: 1. Existing Sewage Pump Station (See attached Photo#1) The existing sewage pump station building was recently rebuilt under building permit dated December, 2005. The components of the existing pump station include: a. One submersible 2" sewage pump(non-cutter type). Previously there had been a second pump but it had been removed. b. 36" O fiberglass wetwell with steel cover with open unused pipe connection. c. 2" PVC force main with shut off valve (possibly a butterfly type) and non-pressure type Fernco flexible couplings. (See attached Photos #2 and#3) d. Wall mounted NEMA 1 duplex pump control panel with HOA switches and pump control floats in the wetwell. 230 volt single phase 60 Hz. (See attached Photos#5 and #6) e. Small baseboard electric heater sitting on earth floor. f. Rectangular wood framed shed of minimal construction/sealing covering the wetwell and partially insulated with rigid foam board on the ceiling, walls but not the door. There is no foundation or floor to the shed; it sits on timbers. (See attached Photos #2 and #4) g. Two-inch force main to an underground 3" PVC force main from the wetwell about 40 ft. to a concrete valve pit with a check valve and transition to a 4 cast iron (CI) force main which connects to the town sewer in Main St. (See attached Photo #7) A site plan showing the original pump station LOCATED ON THE 148 Main Street Building A side of the waterway indicated that the Osgood Mills complex (now the Sutton Pond Condominiums) was served by a pump station and 4-inch force main. The original pump station has been removed. A new pump station was construction on the opposite side of the waterway to serve most of the Sutton Pond Condominiums complex with only 148 Main Street Building A remaining connected to the existing 4- inch force main. /1'2. Code Violations The codes which govern the design for pumping raw sewage are: • TR-16 Guides for the Design of Wastewater Treatment Works- New England Interstate Water Pollution Control Commission, 1998. (This is used by DEP and Statttec June 26,2007 Page 3 of 13 Reference: Sewage Pump Station GSD Sewerage consulting engineers to demonstrate sound engineering practice as a condition of approval of Proposed sewerage infrastructure. • NFPA 820 Fire Protection in Wastewater Treatment and Collection Facilities— National Fire Protection Association, 2003. • Title V—State Environmental Code. - Used to estimate sewage flows for a given building use. • Massachusetts Building Code and Massachusetts Plumbing Code (248 CMR)— (These typically govern sewerage within a structure and generally do not apply outside the foundation as in site work with the exception of plumbing within 10 feet of the foundation. The following code violations were noted at the existing pump station. a. Two submersible pumps are required (TR-16 3.2.3.1 and 248 CMR ); currently there is only one pump in place. b. Pumps required to pass 3" solids (TR-16 3.2.3.2) (Note: This standard can be relaxed to 2" solids by using a "cutter"type impeller for the pumps.) c. Submersible pumps to be"lift out" design for maintenance without the need for entering the wetwell and connect to force main with self locking coupling. Shaft seal failure alarm required (TR-16 3.2.3.7) d. Explosion proof rated motors, controls and electrical components required for wetwells and spaces not separated from the wetwell. NEC-Area Electrical Classification is Class I, Group D, Divisions 1 & 2 (NFPA 820 Table 4.2 Row 16 and TR-16 3.6.2). The current wetwell is not sealed and the building has no ventilation. The wetwell should be ventilated separately from the building. e. The minimum size force main is 4 inches (TR-16 3.7.1). Smaller diameters down to 2 inches are accepted by DEP where "cutter"type pumps are used and. The existing force main is 2-inches which increase to 3-inches onsite and ties into a 4-inch cast iron force main before connecting to a sewer manhole in Main Street. f. The force main flow velocity shall be at least 3 ft/sec. (TR-16 3.7.2). For a 4" (nominal diameter) force main, located greater than 10' away from the foundation, the minimum pump rate would be approximately 120 gpm. Lower velocities are accepted by DEP where"cutter"or"grinder"type pumps are used. If a "cutter"type Pump were to be used the flow rate is 80 gpm to meet the 2 ft/sec criteria in the 4" force main. The intent of the 3 ft/sec velocity is to re-suspend sewage solids which will settle in the pipe when the pump is "off". The size of the force main thus determines the required pump capacity in order to achieve the 3 ft/sec cleansing Stantec June 26,2007 Page 4 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting velocity. Massachusetts Plumbing Code (248 CMR) requires 125 gpm for this condition. g. Flow volume storage of 24 hours during power outages is required where emergency standby power is not available (TR-16 3.8). The building with 6,000 sq. ft. floor area (business use) generates a Title V sewage flow of 450 gpd. This volume is usually provided in the wetwell, above the normal high water and below in the incoming sewer invert. If either fixed or portable standby power is available the storage requirement is waived by DEP. The existing 36" diameter x 48" deep wetwell with a total volume of 200 gallons does not have volume available above the on/off switch levels to meet the 24 hour emergency storage requirement. The insufficient size allows for overflows and backup of sewage into building and pump station during pump failure with inadequate time to respond. There is no adequate pump fail alarm system. h. The shed over a wetwell is required to be of non-combustible material (NFPA 820 Table 4.2 Row 19). Existing shed is constructed of wood with no flame retardant treatment. 3. United Compressor& Pump Services, Inc. Proposal and Norfolk RAM Group Review. The engineer for Sutton Pond Condominium Trust(Norfolk RAM Group) prepared a review of United Compressor and Pump Services Proposal to upgrade the sewage pump station and determined that the submittal substantially conforms to the pumping system installation that was submitted for review and discussed during the September 20, 2005 Arbitration Hearing. We have reviewed these materials in regards to code requirements and manufacturers recommendations and have the following comments. There were no formal plans or design calculations prepared for the pump station upgrade. The arbitrator indicated that the pump station shall meet applicable codes and manufacturers recommendations. a: Installing two new Goulds submersible pumps #W012BHF( No such model number- actual model number WS2012BHF) 2 horsepower @ 230-volt single phase, 3" discharge and rated for 130 gpm at 48 feet of total dynamic head will provide the required two submersible pumps per(TR-16 3.2.3.1). b. The pumps will not pass the required 3" solids (TR-16 3.2.3.2) even with the 3" NPT optional discharge flange. c. The proposal does not include a"lift out"design of submersible pumps for maintenance without the need for entering the wetwell and connect to force main with self locking coupling. (TRI 6 3.2.3.7) Goulds model A10-20 sliderail system would be compatible with pumps per manufacturer's recommendations however, there is no reference in the proposal. A shaft seal failure alarm is also required but it Stantec June 26,2007 Page 5 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting not included. The existing wetwell is not large enough to accommodate pumps and lift out equipment in accordance with manufacturer's recommendations. d. There is no documentation that explosion proof rated motors, controls and electrical components required for the wetwell are not separated from the wetwell. NEC-Area Electrical classification is Class 1, Group D, Divisions 1&2 (NFPA 820 Table 4.2 Row 16 and TR-16 3.6.2). The proposal does not address ventilation in this potentially hazardous environment. Any heating should be designed in conjunction with ventilation design. The wetwell should be ventilated separately from the building. e. The non-clog pumps will be upsized to 3-inch and will tie into existing 4" force main as required (TR 16 3.7.1). f. The force main velocity for the pumps will be rated greater than the required 3ft/sec (TR-16 3.7.2) however, the wetwell is undersized which will result in short cycling of flows such that the cleaning velocity duration may not be adequate. g. The proposal does not adequately address that the flow volume storage of 24 hours during power outages is required where emergency standby power is not available (TR-16 3.8). The building with 6,000 sq. ft. floor area (business use) generates a Title V sewage flow of 450 gpd. This volume is usually provided in the wetwell, above the normal high water and below in the incoming sewer invert. There is only ten gallons currently available. If either fixed of portable standby power is available the storage requirement is waived by DEP. The existing 36" diameter X 48" deep wetwell with a total volume of 200 gallons does not have volume available above the on/off switch levels to meet the 24 hour emergency storage requirement. h. The shed over a wetwell is required to be of non-combustible material (NFPA 820 Table 4.2 Row 19) Existing shed is constructed of wood with no flame retardant treatment. The existing shed located over the wetwell is inadequately ventilated presenting a hazardous condition for operators and a potential fire hazard. L The wetwell size does not meet the manufacturer's recommendation for running cycle time for running the pumps rated at 130 gpm at 48' TDH for two minutes. The current wetwell was sized for a smaller pump set up. The installation of larger pumps as proposed requires that the wetwell be upsized to accommodate larger pumps and flow rate, sliderail system and additional run cycle volume required. The existing wetwell provides approximately 46 gallons of working volume which would result in a Pump cycle of only 21 seconds compared to the required 2 minute run time. The short cycle will cause pump motors to over heat and may result in early pump failure. The wetwell size should also provide 24 hour emergency storage volume located between the normal high water and the invert of the incoming sewer if backup emergency power is not provided. Stantee June 26,2007 Page 6 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting j. There is no documentation that the existing wetwell is weighted for buoyancy. 4. Award of Arbitrator Review Award of Arbitration dated October 18, 2005 clearly states that a new pump station is to be provided. While the intent that codes govern is clear, some of the details are at odds with the codes governing the construction of sewage pump stations. a. The sewage pumps are defined and are adequate for the site. While not stated other manufacturers have the same pump performance and could be submitted so long as the system is stamped and certified by a Massachusetts Professional Engineer. b. The wetwell is to be per code, but specifically does not address the issue of standby power or emergency storage. c. The shed is to be erected per requirements of Town of North Andover. We feel this wording is very open and misleading. The shed, if provided, would have to be of non- combustible construction per NFPA 80. d. The use of"full insulation" should be interpreted not so much as a dimension of thickness, but as a performance specification for protection against freezing. We believe that it was the intent of the Arbitrator to direct that a pump station be constructed in compliance with the regulatory codes and permits governing sewerage works. While detail is provided in his ruling such detail does not override the code issues. 5. Town of North Andover Building Permit A building permit(No. 412) was issued at 178 Main Street(Assessors Map 0040 and Parcel Number 0004) on December 5, 2005 to the Sutton Pond Condominium Trust's contractor to rebuild a 6'x 8' shed per existing shed (no changes). The permit application indicates the permit is for utility shed for complex including tear down and rebuild shed of same size, length and width. The shed was re-built, however, the permit does not indicate building permit is for replacing pumps, electrical and mechanical equipment. Work to replace pumps, electrical and mechanical equipment was not completed. This building permit is expired and a new permit would be required to ensure municipal inspection by building inspector, plumbing inspector, electrical inspector and fire department. 6. Recommended Pump Station To comply with codes and to meet the orders and intent of the arbitrator's findings we recommend a sewage pump station incorporating the following components: a. Dual non-clog submersible sewage pumps with cutter type impellers, rated at 80 gpm at 70 ft. TDH± (head to be confirmed), 3 HP, 230v, 60Hz, 1 phase explosion Stantee June 26,2007 Page 7 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting proof. Lift-out guide rails are required. The cutter type impellers will reduce the size of solids and their clogging potential. Other pumps and ratings could be utilized provided they are engineered in conjunction with wetwell sizing and other equipment. Pumps rated at 130 gpm would require a larger working volume for the wetwell to provide two minutes of run cycle time compared an 80 gpm pump rate. b. 5-0" diameter wetwell is required to be approximately 8 ft. deep to have sufficient volume and be of FRP construction with concrete anti-flotation collar to provide liquid working depth of 1 ft. to provide a manufacturers recommended 2 minute run cycle time and 3 ft. storage depth. A pump rated for 130 gpm would require a larger working depth of 20 inches. A shallower wetwell could be constructed to provide sufficient volume for 24 hour storage. Alternately, the wetwell could be precast concrete and the flotation collar deleted. Alternately, a backup generator could be provided to reduce the required size of the wetwell. Wetwell size and configuration should be engineered in accordance with pump systems specified. c. The wetwell should be positioned at least 10 ft. away from the existing building to prevent undermining during excavation. A wetwell 4'-0" diameter by 6 ft. deep would be acceptable if emergency power (permanent with automatic transfer switch preferred) is provided. The wetwell and all piping would be below grade with only the access hatch visible. This would put the pump station outside the jurisdiction of the 248 CMR. d. The volume of concrete for anti-buoyancy should be stated and dimensioned for the wetwell. e. Pump controls and alarms rated by NEC as unclassified (i.e. NEMA 1) mounted in lower hallway or 2"d floor electrical room of the existing building. f. Upgrade electrical service for pumps, heating and ventilation system. Provide explosion proof panels and equipment. g. Reconstruct pump house to meet requirements for non-combustible materials, heating and ventilation. "A package pump station "engineered and provided by manufacturer would be acceptable as an option. h. Provide plans for installation and operation of the system certified by a Licensed Professional Engineer, Commonwealth of Massachusetts as required by the Award of the Arbitrator prior to start of construction. 7. Site Plan Special Permit Changes/Modifications The Town of North Andover issued a site plan special permit in 1993 for development of this site which included upgrades to sewer service. Changes or modifications to an approved site plan under Town of North Andover Bylaw require the following: Stantec June 26,2007 Page 8 of 13 Reference: Sewage Pump Station GSD Sewerage consulting Town.Bylaw Section 8.3(4) Procedures a. The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection 8.3(8)-Revisions to Approved Site Plans. Town Bylaw Section 8.3(8) —Revisions to Approved Site Plan a. Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three (3) copies of the revised.plan and the revisions placed on the plan fall into the following categories: L A change of location and layout of any parking area(s), signs, storage or accessory buildings, provided that no Town Bylaws are violated by the change; ii. The change in the proposed landscaping plan which does not violate any Town Bylaw; iii. A change of degree and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. b. The revisions cited above may be completed without further review by Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site plan. c. If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. A copy of the original decision, a plan including the modifications, and a short explanation detailing the proposed scope of work should be submitted to the Town Planner, Office of the Planning Department Community Development and Services Division, which will determine whether the scope of work is materially different from the site plan approved by the Planning Board. 8. Building Permit: A new building permit from the Town will be required to make necessary P.S. repairs. 9. Wetlands Permit:Any excavation in this area is within the jurisdiction of the conservation commission and CH131 Notice of intent. Application with site plan is required to be filed with the North Andover Conservation Commission and MADEP for replacing the pump station. Stantee June 26,2007 Page 9 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting If you have any questions regarding this matter please do not hesitate to contact us. Thank you for affording Stantec the opportunity to serve you in this matter. Sincerely, STANTEC CONSULTING SERVICES INC. Victor A. Olson, P.E. Senior Project Manager Tel:978-692-1913 Fax:978-692-4578 victor.olson iaatantec.com Attachment: Copy of site plan Special Permit Stantec June 26,2007 Page 10 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting ,e k Photo 1 GSD Building& Sewage P.S.Site MA WIN Y yh„t w{ Photo 2- Frozen 2" Force Main,Wetwell& Unit Heater Stantee June 26,2007 Page 11 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting x'Sct AA�, Photo 3-Wetwell& Sewage Solids, One pump in Wetwell W Y 3 fs� ? F Photo 4- P.S.Wood frame Materials r x �y 14.e ,fir' �L ;•• u , a � a Via ko rev i y J • Stantec June 26,2007 Page 13 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting rr V- -AM r � r � Photo 7-Valve Pit 3" Force Main-in 4"Check Valve 4"Force Main -out M1ii.Y - IMV i1iv ulu �Vi vuVV 1 UUO IYV4I YUY �"'LO:. �an 10 06 10: 132 united comp Pump 603 552 S857 ( i i I United Ga>arraplressor & Pump Services Inc, 13 Delaware Drive unit Z2 - - - ._.. Salem,MH 03079 Tel: 978 85-oao8 NH. 603-552-5885 Fax: 603-5524867 i www.hillt5)unitr,dadrr,.cam i January 10. 200E o: Matt DVkeman Essex ManagementFax: 978-687-$840 i Subject: Granite t3uilding sewage pumping station upgrade Thursday 1t12106, I Two new Gould's submersible pumps# W012SHF. 2 horsepower @ 230-volt single phase, 3°discharge: I" 3"piping, unions, 90's, adapter's, check valves and ball valve. Schedule 40. New high-water alarm includes buyer alarm and warning light: • New upsized control panel to handle(2)-two horsepower pumps. Includes alternators, HOA, starters/contactors,wined to run one pump at a time. Pump down system completely_ Shut down electrical supply to station. Remove old pumps, piping and electrical systems. Disposal as required. Instal new pumps and piping. All new 3" piping and valves. i Install new float switches and run wires to control panel and alarm. Licensed electrician hired by Sutton Pond to install pump control panel and j hook up all wiring and connections. Test systems- IIS Granite building will not be able to pump waste for at least 4 hours. This is an aPerOxirnate time only Please have them minimize the use of all toilets and sink drain usage during this time. We will make every effort to keep the time to a minimum and will keep you posted on our progress_ i Please let me know if you need anything further, Thank You I Bill Dufton i i ( u,-cu-cuuo uv,gnrtr: rnuM-rerKlns 4 ArcIII M +97B-Z5i-36QE ?-Q69 P.005/QOE �-ZE9 Ink F0L RAM GROUP "=7 ENGINEERING THE ENVIRONMENT i i i January 16,2006 i I Attorney Charles A. Perkins,Jr, 1 Perkins & Anctil,P.C. j 73 Princeton Street, Suite 306 ! North Chelmsford, MA 01863-1558 Rk: Northh Andover-Surton Pond Condominium Association Sewage Ejector Pump— 148 Main Street,Building A lorrolk Project No. 768.0011.01 Dear Attorney Perkins: I We have reviewed the Granite Building sewage pumping station upb7ade proposal prepardid by United Compressor & Pump Services Inc. and have determined that this submittal subs tanialiy conforms to the pumping system installation that was submitted for review and discussed d rin, the September 20,2005 Arbitration Heating. The intent of this proposed duplex pumping s}!ster,� is to replace existing undersized pumps, valves and piping with the installation; to be com) icted within the existing wet well in accordance with the manufacturer's recommendation' and installation instructions. I The approvi:d pumping system (as outlined in our Memorandum dated September 12, DOCS) includes the instaIl.ation of duplex Goulds Pump, non-clog submersible pumping system, (rnodl 3887BJIF with 2 hp, 230 volt, 3500 rpm single-phase motors and a maximum draw of 18.0�ammz providing 130 gpm of flow at 48' total dynamic head). The pumping system is to be Cgwipred with z new high water alarm and an upgraded control panel, rurthennore, the app;ov installation is to include upgrade of the existing 2"diameter discharge pipe and valves, whit 3" diameter replacement line (including flow control valves and check valves)to be installed tbovt g7ound within the upgraded pump ]louse building. The remainder of the existing 3" piping Gnat extends underground approximately 20 feet to the existing subsurface valve chamber whetle tt is coupled to a 4" line that ultimately extends to Main Street, is 10 remain in use and will not need to be disturbed. The Aware of the Arbitrator, dated Oclob,-r 18, 2005 indicates that "the wet well is to'be ir. accordance with manufacturer's recommendation, State Plumbing Code and Titie Regulatimts", The existing 40" diameter, 48" deep fiberglass wet well appears to complt✓ with lite applicable sections of the State Plumbing Code and is sufficient for the installation to be connpieted to accordance with th:° manufacturer's recommendations and installation instructions. Furthermore, tine provisions of 310 CMR 1x.000: The Stace Environmental Code, Teale S: 5`trrncktrrl Requirements for the Siting, Construction, Inspection, Upgrade and Expansion On- she .5euvune Treatment and Disposal Systems andfir the Transport and Disposal of S'gplage, ctn;L Rono rs RUAr)•P1.),A,Io I!,MASSACHUSFI-rs 02360•(5081747-7900 Nnlntar • (508)747-3658i--/,)Z! 3 Sn;c;!S!urt:r,B!I!t.u!N�B-M!t_roRn:Nn�s9c!aasrrs 017117•(50s)47b-1276•(508);76•lA9a r nx i W W W AORFOLK KAKC0M , i nncm rt, +OTB-Z51-36OS T-DBP P.DOB/ODS =-Ng hnuary 1.6.2006 Sudor.Pend Condominium Assoctatinn Ecwage Pumping System Installation (Titles) are not applicable for this site. Title 5 regulates the siting; construction, upgrade lanc' maintenance of or.-site sewage disposal systems (ie septic systems]not the dcsigrt,instaliattoh os operation of pumping systems that convey sewage to a municipal sewage collection system. ; Finally, as outlined in the Memorandum and discussed at the Arbitration Hearing, Mr. (firr: Willett, Sewer Superintendent for the Town of North A idovcr has indicalcd that the sewage connection for 148 Main Street, Building A is an existing permitted use and that no new slatie or local sewer permit is necessary for th:°upgrade of these pumping systems. I l:you have any questions, or require any additional information,please feel free to contact n c a+. (508) 747-7900,extension 130. Sincerely, 1 Norfolk RP,ivI Group I i i Kevin t'_Klein, P.E. Associate I Copy to: Mr. 'Matthew B. Dykeman,Essex Management Group Mr.Bill Dutton,United Compressor, and Pump Services, Inc. I f l l J 1 i 1 93 675 TOWN OF NORTH ANDOVER HAS SAC USETTS 272 o ty [lEC � 4 re i � ....,,• ` 1f 1. . Any appeal shall be filed within(20) days after the '•�' �� Y`' • ' Thr k ka am*IhW booms M*e nate of filing.of this Notice '`•�-�•,' rmMw;---4Eta CWItGelb=6W i in the Office of the Town Clerk- OF DECM.10N £ A:z C OPT Qr�%�� Date...,Deceabcr 22� 1442 Z" i G.�r ,:ja -•rt,}��A„ ........•i'iecembei�l,�I44� ---( r 1•°re t`'�• r" o '� Date of Hearing December 25, 1992 �y c _t� 1 ................. trG�Y_• G[it3on}Af�Q11CQA�I.In:.....................,...... —�f �1.5•T��\'g1 "•..:•��,. .......................... J F ected ,61eat. side of Elm/High Street. .. Referring to the above petition for a special permit from the requirements of the HoFth.Andor Zoning.BYlay. Section I1.�.Plannedt .DevelopmenDistrict ve `^ v _i so as to permit , the reissue of a Special Permit in order to complete she. ,pop9Cruction of the Dagood bill Profect:.•... After a public hearing given on the above date, the Planning Board votes C. CONDIT1014ALT—Y tD APPROt.ES .......the based upon the following conditions: f . cc, Director of Public Works Building Inspector Conservation Administrator Health Agent Signed ' Assessors } Police Chiefx�r Fire Chief Applicant .IcscplL ?{ahcluy.. Engineer File .iviui Simons ................ ... . Interested Parties •' .Inhn Dxapu..................... L R�FhtzFd.¢RD--n. ann ng'Banr�.... .... ' i i { BFts67 � 'K&REN Ii.P.hcLSON l a;"CW Town of 120 Main sem:, eit� BUILDING FORTH ANDOVER (5W)6s2-6483 ���•-y'.� CONSERVAMON W.U00 or rLAxhzNc PLANNING &CON19UNITY DEVELOPAMNT i t December 22, 1992 Mr. Daniel Long, Town Clerk Town Office Building F 120 Main Street North Andover, MA 01845• Re: Osgood Mill Planned Development District (PDD) Special Permit Dear Mr. Long: The North Andover Planning Board held a public hearing or. Tuesday evening, -December 1, 1992, at 8:00 p.m. in the 2awr. Office Meeting Room, upon the application of URDAC, Inc. o Boston, MA., and subsequently continued the public hearing until December . 15, 1992. The hearing was duly advertised in the Lawrence Eagle Tribune on November 16 and November 23, 1992, Ki_ parties of interest were properly notified. The follow'_•nz members were present at . the December 1, 1952 meeting; Josepr Mahoney, George . Perna Rowan. , .John Draper, John Simons and Richard Row � ,• i The petitioner seeks a Special Permit under Section 1:- P1anned Development District- of the North Andover Zoning Byla I the "Zoning Bylaw") , governed by Section 10.31 F + Approval aP SnPrial n �� Conditions c- This section of the Zoning Bylaw permits a mixed use in an Industrial-S District by Special Permit. As indicated in ti Notice of Decision dated September 3, 1985, recorded with the Essex North District Registry of Deeds at Book 2111„ Page 167, the Planning Board issued a Special Permi_ to allow the conversion of two existing buildings, and constructio:, of five new buildings, into 188 residential housine, units and an Office/restaurant facility located on the Westside Of Elm Street and known as the Osgood Mill Complex. Said lot is, situated in an Industrial-S Zoning District possessing 13.2 acres of land area. In addition, the premises is located in the Town's designated Commercial . Area Revitalization District (CARD) and Historic District. Construction authorized under the above referenced Special permit was discontinued before the Osgood Hill Complex was completed, and a quostion has arisen whether the ' Special Permit, as Well as the associated site plan approval for the Osgood Mill Complex, are still in full force and effect. i • • I , X22 Page 2: Osgood !Sill Cotoplex The purpose of the .present Spacial Permit application obtain a new Special Permit, as wall as definitive site oit approval, in order to complete the partially constructed Gsgo, Mill Complex. The new dsfinitivs site plan is set forth on t•. ' Plan entitled "Site Layout[, ) 'Sutton Pond Condominiuzas[', } vo--' Andover, Massachusetta^; prepared by Henry Schadler Associate; P•C•% scale: 1^"4011 dated November 13, 1992, revised hovemb 30, 1992 (the The following members were present and voting December 15, 1992, meeting when the Board rendered the decision: Joseph Mahoney, George Perna, John Drapers Simons, and Richard Rowan, Upon a motion made by Mr. Mahoney and asconded by Draper, the Board voted unanimously to close the public hear± and approve the petitioner's Special Permit applipation an , p; for a Planned Development District (PDD) for the Osacdi ?; Complex. - Attached are those conditions, Sincerely, NORTH ANDOVER PLALNNING F3ohl,- Ap George D. Perna, Chai:mLr cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Osgood Hill Project Special Permit, Planned Development District The Planning Board herein approves the Special Permit requested by URDAC, Inc. , submitted November 13, 1492. The Planning Board wakes the following findings regarding this special Permit for a Planned Development District (PDD) as required by Sections 10.3 and 10.31 of the North Andover Zoning Bylaw. A. The specific site is an appropriate location for such a use, structure or condi..ioni B. The use as developed will not adversely affect neighborhood; C. There will he no nuisance or serious hazard to vehicles er pedestrians; D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; E. The Planning Board finds that the use is in harmony with the general purpose and intent of this Bylaw. The Planning Board also makes these findings under Section 11.4- of the North Andover Zoning Bylaw that this PDD A. Does not detract from the livability and aesthe _- qualities of the environment. B. Is consistent-with the objectives of the Zoning Bylaw. C. Promotes a more efficient use or land while protecting natural resources, such .as water resources, wetlands., flood plains, and wildlife. D. Promotes diverse housing at a variety of costs. E. Contains ingress and egress for traffic flow that iz designed properly so that there will be no serioue. / hazard to vehicles or pedestrians. V F. Contains adequate parking facilities for each use rand structure in the development. G. Is designed so that major facilities and functions are visually compatible with characteristics. the natural and historical H. Will not adversely affect the natural environment to the detriment of community character and public health and safety. Finally, the PlanningBoardA. finds that the PDD complies with Town 367 Bylaw requirements 'so long as the are tet: following in additional condo t or: 1, The raquirad opet, spaces shall be conveyed to :.he Conservation Commission or to a non-profit consezvrat_o,: organization, or to at corporation or trust repress-:tine Persons responsible .for the PDD, and shall be protected by t conservation restriction as required by G.L. Chapter 401:, section . 9 , for common open space, in cluster developments.. The conveyance documents will be provided to the Planning staff for review .prior to the recording of the Special Permit, 2. The applicant shall comply with all Horth Andover Depa ,:ment Of Public Yorks Rules and Regulations. s. Any action by another Town Board which requires chana-- the roadway. Alignment, . .-Placement of any easeman_s c_° utilities, drainage facilities, grading or no-cut lines, M,-.y subject this decision to modification by the .Planning bot=w. 4. The property owner shall use the 1,proposed right -of wa-. ac- shown on the Plans titled: Site Layout, Date Issued: Nov. 13, 1992, Revisions: Nov. 30, ' 1992, Prepared By: Hance Schadler Assbciates, 5 Waterville Rd, Farmington, Cr G5L2 (hereinafter "Plan") for ingress and egress to the e Ze. The Property owner shall continue to use this right c. uG« as it may be modified over the Brickstone property, 51- called, in the future to access directly .the Sutton St=eat connector, once it is constructed. 5. All lighting Within the site and the right of way shL_1 be as shown on the Plan and shall be consistent with lighting on site. 16. All new signs shall be approved by the Town Planner and mu--t have' a sign permit as required by Section 6 of the Bylaw:. 7. The Planning Board approves, at a minimum, 281 parking spaces as shown 'on the Plan. The Planning Board Rinds: thir- number of spaces, although minimal, to be adequate, fc, the project as approved. Twenty spaces will be designated and marked for visitor parking. The applicant must provide fo= handicapped spaces as required by applicable state and federal rules and regulations. 8: The water installations must conform to 310 CMR 2.2:22 regarding cross-connections. Plans showing proposed r installation of back flow prevention devices at such cross- sections must be submitted to D.E.P. for review and approval. These installations must be approved by the i ; plumbing inspector. 83675 225 S. The applicant shall adhere to the following requirementsof the Department of Public Works: a. The applicant will connect the new water main on the Osgood Mill -site to the recently installed water main on the North Andover Mills property. A11 unmetered on site water mains to be used for domestic purposes are to be abandoned. b. The sewage pumping station and collection system should be inspected and tested to determine conformity to the appropriate regulations and specifications of the Division of Public Works. A sewer connection permit must be produced from the Division of Water Pollution Control of the Massachusetts Department of Environmental Protection i4 necessary. C. The existing pump station adjacent to the office building will be demolished. The applicant will install an individual grinder-ejector pump to the lift station at the courtyard location. 10. . The applicant shall adhere to 'the following requirements of the Vire Department: a. The Fire Department must be contacted prior to the installation of any underground tanks. b. Copies of the completion certificates for asbestos removal must be forwarded to the fire department. C. The automatic fire sprinkler systems is required to be finished. The Fire Department will work with the sprinkler contractor to modify existing but partially built system to comply with applicable fire safety codes. i. all the installations must be inspected and tested to see if the flows will be adequate. ii. the connection for the sprinkler systems protecting the units and adjacent hallways shall be corrected by the removal of the separate sprinkler shutoff so that there is only one. shut off for. both the domestic and sprinkler water:. the sprinkler contractor shall review the entire sprinkler protection system with the fire chief prior to the start of any work on any existing or new systems. d. The dry fire hydrant is to be maintained by t:he property owners. It' must be tested by the fire A 6 7i •. P.2S .department and repairedb the . y property owners. e. The automatic spr storage area on thinY.ler system used to protect tea e lower floors must be installed in accordance Frith applicable• fire safety codes._ at thi_ direction•of the fire department. f. Fire department.. connections are required on the etandpip$ aymteme. These ztandpipss must he installed in accordance with. the applicable fire eafaty codon, The fire -department will work in conjunction with standpipe contractor .to insure that the proper adapter!: and threads are installed on these devices. i• The fire sprinkler system in the stone maintenanze building must be maintained by the property owner. Any change in use of the building from maintenance .o another use must be reviewed by the fire department. h. the existing fire alarm box, located on the old mil'. must be removed. A new fire alarm box and remo:t annunciator shell was installed at the far right co=ne: Of the existing old mill. This fire alarm box and remote annunciator shall service all .the fire alLro devices in the residential complex. The main fire Biu control panel for the complex shall be located ir- tiic stairwell adjacent to the fire alarm box. i� The- fire alarm system components that have been, installed must be inspected and tested. j. A fire alarm system must be installed with the following equipment; i, hard-wired smoke detectora in common areas an' hallways tied to the fire alarm central panel and zone indicator; ii. each unit will have smoke detectors as required but will be only for that unit and not connected to the central panel; iii. a double action pull station shall be installed. within 6 feet of every exterior door from common areas; iv, an exterior indicator light shall be placed on the corner of each section of the buildings (4 in total) , visible from the courtyard to give fire apparatus the location of the problem as desc_ibed on the existing plans. k. A Crater flow alarm for each sprinkler system shall be installed. These alarms will not activate- the master `ire Ala=n box. The system protecting the storage areas shall have its flowswitch. connected to the in control panel and the activation of that flow Switch will trip the master fire alarm box. - 11. Prior to a Certificate of Occupancy being insuadi a. Bonds,, in the form of a passbook or Tri-Party Agreement in an amount to be r determined b1Y the Planning Department, 'Shall be posted toe nsure construction and/or completion of the right flf way across the Brickstone Of as shown on the record plans. b. The Applicant' is to provide a final as-built when construction is completed to be approved by the: Department of Public Works and the Town Planner. 12• Prior to a Certificate of Occupancy isr the last of the Live (5) new buildingsfnther- property owner must construct .one additional elevator as shown on the building plans. 13. The applicant must comply with all Massachusetts Stare building codes and obtain all permits and approvals as required from the Bu4lding Department. 14. There shall be no burying or dumping of construction material an the Bite. 15. The contractor shall contact Dig Safe at least 72 hours Prior to commencing any excavation. 16. Gas, telephone, Cable and Electric Utilities shall b installed as specified by the respective utility companies, 17. Any plants, trees or shrubs that have been incorporated into the landscape plan approved in this decision that die within one year from the time of planting shall be replaced by the applicant. 18• Any demolition of structures and clearing at material shall be as shown on the Plan. 19• The Main Street access to the property shall be a one way only ingress. The access to the property from high Street as described shall be both an egress and ingress across the right at way on the Plan and ms referenced in Condition # 4. ZO• The one-way access from Main Street to the property in to be f maintained by the owner. i 21. Any change in use of the stone maintenance building gram maintenance to another use iii sabject to the review of the i Planning Board. I s t ' 22. The canatruction of the interahg?1 �. ior of the building Under the aupervieiar: of the Building Snapector. 23. All construction shall commence within two (2) years :,-.om the date or this approval and shall be completed within flye ( ) Years from the: date aY this approval. Completion tc ve December 22, lgg7, be 24• The nrovisiona Of thio conditional approval shall a v and be binding upon the applicant, its employees and` :1 successors and assigns in interest or control. 25. The following plans sha decision: ll be considered an port of this Plans Entitled; Osgood Mill ?forth Andover, MA Prepared by; Anderson-Nichols, Boston, KA Scale: .I/8* - 1'-0" Dated: April 6, 1987 Sheets cl—Ca - civil Sheets DI-DID - Demolotion Sheets AD-A23 - Architectural Sheets S1-S9 - Structural Sheets P1-p6 - plumbing Sheets M1-M7 - Mechanical Dated: 3/17/87 Revised: 4/1/87 Sheets E1-E12 Electrical Plans Entitled: The Osgood Mill, North Andover, MA, Prepared by: . Hatara2zo Design 9 Hills Avenue scale: Concord, N.H. 01301 I - 30' Dated: August 3, 1987 Sheets: 1 - 5 Dated: November 11, 1987 Sheets; I 2 Revised by the following plans; Plans Entitled: Site Layout Sutton condominiu'no North Andover, NA Prepared by: Henry Schadler Associates, p.C. 5 Waterville Road Farmington, C-T 06032 Dated: November 13, 1992, Revised: November 30, 1992 f Scale: 1" 40 Ae-Built Site Development plan Prspared for RECOLL Management Corporation Scale: Dated: 1n0' August 1992 Plans Entitled: Planting Plan • Sutton Pond Condominiums North Andover, ISA Prepared by: Henry Schadler Dated: November 13, 1992 Revised: November 3o, 1992 Scale: 1" 40' cc: Director of Public Works Building Inspector Conservation Administrator Health Agent Assessors Police Chief Fire Chief Applicant Engineer Filo OSGOOD.D a 05 02: 30P E 2 AMERICAN A"ITRATION ASSOCIATION Construction Arbitration Tribunal In the Matter of the Arbtiration between. Pr-: 11 110 E 01040 05 (ire€ory Smith„Trustee ofStone Mill Realty Trust and "rla;.,,a„,n Trustees,Sutton Pond Condo True "Respondents” A WARD OF ARBITRATOR e THE UNDERSIGNED ARBITRATOR havitrg bccm designated in accordance with the arbitration entered into between the above-named pies and dated December oi, 2003, and having been duly sworn and having duly heard the roofs and agrsemer.: R allegations of the Parties,do hereby,FIND,as follows: L Claimant is found to have breached the Settlement Agreement entered by the Court in the case of"Gregory Smith and Linda M.Can do Voorde,individually and as Trustees enlee 5bne Mill Realty Tnut v_Suuon Pond Condominium T g �'P. Trust.,Essex Superior Coun Civil Action Number 94-0!960. la specific,Claimant has breached the Sefxlcwith the co str by failing to allow Respondents;to install a duplex sower pump Syy2en with an alarm system along with the construction of a sited to house the same_ Tne Arbiu'ator orders the Purchase and installation of two(2)Goulds non-clog sewer cjacmr pumps, lyloael 3853 BHF as ,detailed at d Specified in Respondents,Exhibit 29,installed in a"duplex,,arrangement with i contras at municipal system in accordant with the Towns royuisrm is and�a�n designed to discharge to Erne installation and operation of the system shall a ccr2ified b _a Licensed professional En ��rnmonwealth of�►v1 8 engineering practice, The changes usetts. The Arbitrator orclers�pondents to enter Claimantt''llstfzcibties and uple ascwag Putrt o��rls C3�mant's electrical system to provide the necessary power for the new The wet well is to bee in ace l Cdwaltlh=• Any power outages must be at the convenience of Claimant. ROgulations. manufacturer's recommendation,State Plumbing Code and Titie Tete Arbitrator lies determined,based on ttztirnony,documents,exhibits and site inspection that Claimant' requested`grinder"pumps do not meet Claimant's concern for matntcnartce and operation. '-'.Gri;nder"PumP�,given the dischar e i in affluent"fall-out",ca BPP g configuration,length,size and!low vclooity could have redtimrs/inereasers and o g packing of the Particulates in the discharge pint,flow obstruction at bends n sae tendency to"move along general fitting, The non-clog pomp(2"material discharge)would have a maiatenanue costs rale along", not packing within the syst,errr_ "GrittderPumps"have known causing a signifcant burden Particularly n Claimant] at a later date. i igniftcee y Respondent's maintenance liability agreernen; The Arbitrator rinds that the Massachusetts State Building pump -9 ed C 02ted an r otherwise,does mt come under the Commonwealth of regw-ments of the Town oFNorth d is ordered to be erected in compliance with all other Andover. The Pump shed shall have as a tninimurrz,heat fuL insti_:rint rt- access door,sufficient lighting{ter the ----�r�w2r venttlat' .up Opening of the rnaicter', Pnutp maintenance and `~ -f0n on �n�`us;.- ,a minimum 120 volt,20 am,-outlet for a R irnaL dents are found to have breached the Settlement Agreement as described in item 1.. a minimal loading..iUaloedin ondents sha aria without obstruction su haffiC ng p,loadiment oa ll h facave ilities,or fire lane interference.pr ovide Asuit�o perking right to io use and failed to provide a suitable parking ded observed that the closest surrounding Panting areas are numbered and dedicated to the condominium residents_ Page 1 e;'2 heceIVe Time Gct •!(j, 1:34PU 'ON Pi'v 1 l 6 �j G; jg 05 02: Sop ENGINI P lrr the Mutter of the Arbitration bervees Re:1 i 114E 01040 OS Gregory Smith,Trustee of Stone Mill Realty Trust "Claimant- and TrMlets,Sutton Pont!Condo Trust �t esnonCienL4" AWARD OF ARBITRATOR The Arbitrator orders Respondents to create o pari6ng slot within close proximity of dcsignatimi 2 as shown on Exhibit C,forptirpose of parking a service vehicle for access to the rear ofCiaiman 's building. ?. The Arbitrator finds no breach of the Settlement Agretmcnt,as described in item i in regards to trash siting and remove), The Settlement Agreement does not designate a permanent location forthe trash containers,but only designates an area for the short-term construction project, The Arbitrator orders Claimant to place the trash containers at his desired location without obstruction to the ingress of Respondents' propetry. All conditions regarding this issue in the SC,0CnI=Agreement remain in full affCCL 4. As testified to,Claimant has failed ort,at least one occurrence to adjust the lighting as required in paragraph 5 0 the Settlement Agreement. The Arbitmtor orders Claimant to provide due diligence in maintaining the operation time clock,specifically when there is a power outage and daylight savings time adjustments. The Arbitrator reiterates the findings of the Court in regards to the"Settlement Agreement",civil action number 99-01960 and Claimant and Respondents to cooperate jointly,allow access Claimant's leased property in order for Rmplaudertts to efiectnate the terms of this Order. All legal fees shall be the burden of the respective clients. The administrative fees of the American Arbitration Association totaling 52,100,00 and the compensation and expenses of rhe arbitrator totaling S842.12 shall be bome by the patsies tonally. This Award is in full settlement of all claims and counterclaims submitted to this Arbitration. All claims not expressly granted hcrCin are hcmby,denied. Date �1,,MA 1,Mr.Richard A.Voikin,do hereby affirm upon my oath as Arbitrator that I am the individual described in and wbo executed this instrument,which is my Award. l>ate �Vlkm�,t�— i .Richard A. Page 2 of 2 Received Time Oct. l�. 2:34PMI /L r Coe $y WO PL-ATFORM V� $TiMS V - CoNc GATE 2' h PIPES 4'Ct 1 p o SHED ALwro >r t w°hI, GRASS WrDCA $ � Pv �� - =a - } ear:.. ... P1 con GRASS At SRI cK a RI RET NVD (, MfATER �`g C eFP (IF WATER � K Matt p� T r� _ � a MPMSEACTi .ihr GRAUP TE VAU V GRASSAb s ,.. ' Ca• I kf 100 YR.F� BJP GA e �• N 32/�-pp • 4 -38 W n%tt I r TOWN OF NORTH Wo. *oST J ANDOVER a 1720 / 17641W Q. 0 4, RTH Town of North Andover � `O Office of the Planning Department Community Development and Services Division �o A 4e ..ne 400 Osgood.Street ATiA Af��`y snc:wu North Andover,Massachusetts 01845 Town Planner hU://www.towpofnorthandover.com com P (978)688-9535 I:iaic°o3ciate4° F (978)688-9542 Gregory Smith, AIA GSD Associates, LLC 148 Main Street, Building A North Andover, MA 01845 June 23, 2005 Mr. Smith: I am of the understanding that you are currently having a disagreement on a legal settlement regarding the ability for one side to negotiate a change to complete a scope of work that deviates from the language and conditions stipulated in the Site Plan Special Permit issued in 1993. The purpose of this letter is to provide clarity in outlining the regulatory process involving site plan review. Below please find the relevant sections of the Bylaw pertaining to changes/modifications to an approved site plan. Town Bylaw Section 8.3(4) Procedures a) The site plan approved by the Planning Board becomes the official development pian for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection 8.3(8) - Revisions to Approved Site Plans. Town Bylaw Section 8.3(8) - Revisions to Approved Site Plan a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review.No revisions shall be approved until the-Town Planner receives three(3) copies of the revised plan and the revisions placed on the plan fall into the following categories: i) A change of location and layout of any parking area(s), signs, storage or accessory buildings, provided that no Town Bylaws are violated by the change; ii) The change in the proposed landscaping plan which does not violate any Town Bylaw; iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. b) The revisions cited above may be completed without further review by Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Board in that changes are called for in the type, location and manner of the facilities and site improvements to be constructed and shown in the approved site plan. c) If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. In an effort to expedite this matter,my recommendation would be for the individual(s) involved in the disagreement to submit a copy of the original decision,a plan including the modifications, and short explanation detailing the proposed scope of work. Upon receipt of all materials, I will make the determination whether the scope of work is materially different from the site plan approved by the Planning Board. If you have any questions or require additional information,please do not hesitate to contact me. Sincerely, Lincoln Daley 1 d r i COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL NO. 99-01960 GREGORY P. SMITH &othersl V. SUTTON POND CONDOMINUM TRUST ORDER ON MOTION TO ENFORCE SETTLEMENT AGREEMENT AND ARBITRATION AWARDS Movant filed this motion to enforce a Settlement Agreement reduced to a judgment on August 4., 2004.. This motion is also to enforce Arbitration Awards issued in late.2005 and the first half of 2006. After considering the pleadings, supplemental pleadings,responses and supplemental responses as well as all the exhibits and affidavits, it is hereby ORDERED as follows: 1. Respondent did not complete and or properly construct the Sewer Pump Station presently serving Movant's property. Respondent must properly construct a Sewer Pump Station at Respondent's expense according to all the requirements of Settlement Agreement reduced to the court's judgment on August 4,2004, and Arbitration Awards by Richard A. Volkin on May 12,2006 and October 18, 2005. Respondent has 45 days from the date of this Order to complete the construction of the subject Sewer Pump Station. Movant shall not interfere with Respondent's proper action to construct a Sewer Pump Station described herein. 'Linda M.Van DeVoorde,Individually and as Trustee of the Stone Mill Realty Trust. 2. Respondent shall.not intentionally use Movant's parking spaces during snow storms and other situations whereby Respondent,Respondent's contractors and agents intentionally store snow or other materials,vehicles or equipment specifically in Movant's parking spaces. If Respondent's agents and/or contractors do store snow and other materials, equipment or vehicles in Movant's parking spaces appurtenant to a snow storm or necessary construction projects, Respondent shall cause such snow and/or materials,equipment or vehicles to be moved at the earliest possible time. 3. Respondent shall not allow any of its owners or.invitees to park in Movant's parking spaces for any reason during the hours in which Movant has exclusive use of these parking spaces. Upon notice of any owners or invitees wrongfully parking in Movant's parking spaces,Respondent shall cause any vehicles wrongfully parked to be moved or towed within a reasonable time. 4. Respondent shall identify and mark one additional parking space for Movant's use in Respondent's parking lot. This parking space shall be as close to bridge to Movant's property as possible. This parking space shall not be shared with a loading zone and shall be a bonafide parking space. 5. As stated in the original Order of August 4,2004,Respondent shall allow access to Building A across the bridge in a reasonable manner. Respondent may not block Movant's reasonable access across the bridge. Respondent shall also construct whatever obstructions required by the Settlement Agreement/Judgment and Arbitration Awards to prevent other parties from accessing Building A in a similar manner. 6. Both parties shall bear their own attorneys fees with respect to this Motion to Enforce. There is no further award of attorney fees. If either party violates this Order,the court retains the jurisdiction to make an award of attorney fees attributed to this Motion,any subsequent Motion, and any claims for attorney fees paid by either parry since the final Arbitration Award was issued in 2006. Maynard Kirpalani Justice of the Superior Court DATED: December 1, 2011 Stantec Consulting Services Inc. 5 LAN Drive Suite 300 Westford MA 01886-3538 Tel:(978)692-1913 Fax:(978)692-4578 stantec.com Stantec June 8, 2007 File: 195111296 Mr. Gregory P. Smith GSD Associates 148 Main Street, Building A North Andover, MA 01845 Dear Mr. Smith: Reference: Sewage Pump Station Review Stone Mill Building (GSD Associates) North Andover, Massachusetts This letter describes a site visit with Greg Smith on January 30, 2007 by V. Olson and on February 7, 2007 by W. Terrell to evaluate the existing sewage pump station for code compliance and to make recommendations for an upgrade. We also reviewed plans prepared by others and the Arbitration Award for general code compliance. The existing station failed when winter weather caused the frozen discharge pipe to burst its fittings and discharge sewage to the ground. The existing small electric heater was inadequate to prevent freezing of the discharge pipe. It was noted that the pump discharge was connected to the 2"force main with non-pressure rated unrestrained flexible couplings. It is our opinion that with freezing of the force main, the pressure at the coupling increased to full pump head causing the flexible coupling to slip off the force main. The pump station was not in operation during our initial site visit. After using a pump out truck for a period the discharge pipe was repaired and the pump placed back in service. At the time of our second visit the pump was working, albeit at a frequent pump cycle considering that the building was only partially occupied. The existing sewage pump station building recently reconstructed does not meet the award of the arbitrator dated October 18, 2005 in that the pump shed does not have any power ventilation or sufficient heat designed in conjunction with ventilation system to meet the arbitrator's award requirement that" The pump shed shall have, as a minimum, heat, full insulation, power ventilation upon opening of the access door, sufficient lighting for pump maintenance and a minimum 120 volt, 20 amp outlet for maintenance use." The installation and operation of the system was not certified by a Licensed Professional Engineer, Commonwealth of Massachusetts as required by the Award of the Arbitrator. Stantec June 8,2007 Page 2 of 14 Reference: Sewage Pump Station GSD Sewerage Consulting The proposed shed constructed and the proposed pump improvements by representatives for Sutton Pond Condominium Trust do not meet the Arbitrator's requirements since they do not meet applicable codes and manufacturers recommendations as described in the following: 1. Existing Sewage Pump Station (See attached Photo#1) The existing sewage pump station building was recently rebuilt under building permit dated December, 2005. The components of the existing pump station include: a. One submersible 2" sewage pump (non-cutter type). Previously there had been a second pump but it had been removed. b. 36" 0 fiberglass wetwell with steel cover with open unused pipe connection. c. 2" PVC force main with shut off valve (possibly a butterfly type) and non-pressure type Fernco flexible couplings. (See attached Photos#2 and#3) d. Wall mounted NEMA 1 duplex pump control panel with HOA switches and pump control floats in the wetwell. 230 volt single phase 60 Hz. (See attached Photos#5 and #6) e. Small baseboard electric heater sitting on earth floor. f. Rectangular wood framed shed of minimal construction/sealing covering the wetwell and partially insulated with rigid foam board on the ceiling, walls but not the door. There is no foundation or floor to the shed; it sits on timbers. (See attached Photos #2 and #4) g. Two-inch force main to an underground 3" PVC force main from the wetwell about 40 ft. to a concrete valve pit with a check valve and transition to a 4" cast iron (CI)force main which connects to the town sewer in Main St. (See attached Photo#7)A site plan showing the original pump station LOCATED ON THE 148 Main Street Building A side of the waterway indicated that the Osgood Mills complex (now the Sutton Pond Condominiums) was served by a pump station and 4-inch force main. The original pump station has been removed. A new pump station was construction on the opposite side of the waterway to serve most of the Sutton Pond Condominiums complex with only 148 Main Street Building A remaining connected to the existing 4- inch force main. 2. Code Violations The codes which govern the design for pumping raw sewage are: • TR-16 Guides for the Design of Wastewater Treatment Works—New England Interstate Water Pollution Control Commission, 1998. (This is used by DEP and Stantec June 8, 2007 Page 3 of 14 Reference: Sewage Pump Station GSD Sewerage Consulting engineers to demonstrate sound engineering practice as a condition of approval of proposed sewerage infrastructure. • NFPA 820 Fire Protection in Wastewater Treatment and Collection Facilities— National Fire Protection Association, 2003. • Title V—State Environmental Code. - Used to estimate sewage flows for a given building use. • Massachusetts Building Code and Massachusetts Plumbing Code (248 CMR)— (These typically govern sewerage within a structure and generally do not apply outside the foundation as in site work with the exception of plumbing within 10 feet of the foundation. The following code violations were noted at the existing pump station. a. Two submersible pumps are required (TR-16 3.2.3.1 and 248 CMR ); currently there is only one pump in place. b. Pumps required to pass 3" solids (TR-16 3.2.3.2) (Note: This standard can be relaxed to 2" solids by using a "cutter"type impeller for the pumps.) c. Submersible pumps to be "lift out" design for maintenance without the need for entering the wetwell and connect to force main with self locking coupling. Shaft seal failure alarm required (TR-16 3.2.3.7) d. Explosion proof rated motors, controls and electrical components required for wetwells and spaces not separated from the wetwell. NEC-Area Electrical Classification is Class I, Group D, Divisions 1 & 2 (NFPA 820 Table 4.2 Row 16 and TR-16 3.6.2). The current wetwell is not sealed and the building has no ventilation. The wetwell should be ventilated separately from the building. e. The minimum size force main is 4 inches (TR-16 3.7.1). Smaller diameters down to 2 inches are accepted by DEP where "cutter" type pumps are used and. The existing force main is 2-inches which increase to 3-inches onsite and ties into a 4-inch cast iron force main before connecting to a sewer manhole in Main Street. f. The force main flow velocity shall be at least 3 ft/sec. (TR-16 3.7.2). For a 4" (nominal diameter) force main, located greater than 10' away from the foundation, the minimum pump rate would be approximately 120 gpm. Lower velocities are accepted by DEP where "cutter" or"grinder"type pumps are used. If a "cutter" type pump were to be used the flow rate is 80 gpm to meet the 2 ft/sec criteria in the 4" h force main. The intent of the 3 ft/sec velocity is to re-suspend sewage solids which will settle in the pipe when the pump is "off'. The size of the force main thus determines the required pump capacity in order to achieve the 3 ft/sec cleansing Stantec June 8,2007 Page 4 of 14 Reference: Sewage Pump Station GSD Sewerage Consulting velocity. Massachusetts Plumbing Code (248 CMR) requires 125 gpm for this condition. g. Flow volume storage of 24 hours during power outages is required where emergency standby power is not available (TR-16 3.8). The building with 6,000 sq. ft. floor area (business use) generates a Title V sewage flow of 450 gpd. This volume is usually provided in the wetwell, above the normal high water and below in the incoming sewer invert. If either fixed or portable standby power is available the storage requirement is waived by DEP. The existing 36" diameter x 48" deep wetwell with a total volume of 200 gallons does not have volume available above the on/off switch levels to meet the 24 hour emergency storage requirement. The insufficient size allows for overflows and backup of sewage into building and pump station during pump failure with inadequate time to respond. There is no adequate pump fail alarm system. h. The shed over a wetwell is required to be of non-combustible material (NFPA 820 Table 4.2 Row 19). Existing shed is constructed of wood with no flame retardant treatment. 3. United Compressor& Pump Services, Inc. Proposal and Norfolk RAM Group Review. The engineer for Sutton Pond Condominium Trust (Norfolk RAM Group) prepared a review of United Compressor and Pump Services Proposal to upgrade the sewage pump station and determined that the submittal substantially conforms to the pumping system installation that was submitted for review and discussed during the September 20, 2005 Arbitration Hearing. We have reviewed these materials in regards to code requirements and manufacturers recommendations and have the following comments. There were no formal plans or design calculations prepared for the pump station upgrade. The arbitrator indicated that the pump station shall meet applicable codes and manufacturers recommendations. a. Installing two new Goulds submersible pumps#W012BHF( No such model number- actual model number WS2012BHF) 2 horsepower @ 230-volt single phase, 3" discharge and rated for 130 gpm at 48 feet of total dynamic head will provide the required two submersible pumps per (TR-16 3.2.3.1). b. The pumps will not pass the required 3" solids (TR-16 3.2.3.2) even with the 3" NPT optional discharge flange. c. The proposal does not include a "lift out" design of submersible pumps for maintenance without the need for entering the wetwell and connect to force main with self locking coupling. (TR16 3.2.3.7) Goulds model A10-20 sliderail system would be compatible with pumps per manufacturer's recommendations however, there is no reference in the proposal. A shaft seal failure alarm is also required but it Stantec June 8, 2007 Page 5 of 14 Reference: Sewage Pump Station GSD Sewerage Consulting not included. The existing wetwell is not large enough to accommodate pumps and lift out equipment in accordance with manufacturer's recommendations. d. There is no documentation that explosion proof rated motors, controls and electrical components required for the wetwell are not separated from the wetwell. NEC-Area Electrical classification is Class 1, Group D, Divisions 1&2 (NFPA 820 Table 4.2 Row 16 and TR-16 3.6.2). The proposal does not address ventilation in this potentially hazardous environment. Any heating should be designed in conjunction with ventilation design. The wetwell should be ventilated separately from the building. e. The non-clog pumps will be upsized to 3-inch and will tie into existing 4"force main as required (TR 16 3.7.1). f. The force main velocity for the pumps will be rated greater than the required 3ft/sec (TR-16 3.7.2) however, the wetwell is undersized which will result in short cycling of flows such that the cleaning velocity duration may not be adequate. g. The proposal does not adequately address that the flow volume storage of 24 hours during power outages is required where emergency standby power is not available (TR-16 3.8). The building with 6,000 sq. ft. floor area (business use) generates a Title V sewage flow of 450 gpd. This volume is usually provided in the wetwell, above the normal high water and below in the incoming sewer invert. There is only ten gallons currently available. If either fixed of portable standby power is available the storage requirement is waived by DEP. The existing 36"diameter X 48"deep wetwell with a total volume of 200 gallons does not have volume available above the on/off switch levels to meet the 24 hour emergency storage requirement. h. The shed over a wetwell is required to be of non-combustible material (NFPA 820 Table 4.2 Row 19) Existing shed is constructed of wood with no flame retardant treatment. The existing shed located over the wetwell is inadequately ventilated presenting a hazardous condition for operators and a potential fire hazard. i. The wetwell size does not meet the manufacturer's recommendation for running cycle time for running the pumps rated at 130 gpm at 48' TDH for two minutes. The current wetwell was sized for a smaller pump set up. The installation of larger pumps as proposed requires that the wetwell be upsized to accommodate larger pumps and flow rate, sliderail system and additional run cycle volume required. The existing wetwell provides approximately 46 gallons of working volume which would result in a pump cycle of only 21 seconds compared to the required 2 minute run time. The short cycle will cause pump motors to over heat and may result in early pump failure. The wetwell size should also provide 24 hour emergency storage volume located between the normal high water and the invert of the incoming sewer if backup emergency power is not provided. Stantec June 8,2007 Page 6 of 14 Reference: Sewage Pump Station GSD Sewerage Consulting j. There is no documentation that the existing wetwell is weighted for buoyancy. 4. Award of Arbitrator Review Award of Arbitration dated October 18, 2005 clearly states that a new pump station is to be provided. While the intent that codes govern is clear, some of the details are at odds with the codes governing the construction of sewage pump stations. a. The sewage pumps are defined and are adequate for the site. While not stated other manufacturers have the same pump performance and could be submitted so long as the system is stamped and certified by a Massachusetts Professional Engineer. b. The wetwell is to be per code, but specifically does not address the issue of standby P p Y Y power or emergency storage. c. The shed is to be erected per requirements of Town of North Andover. We feel this wording is very open and misleading. The shed, if provided, would have to be of non- combustible construction per NFPA 80. d. The use of"full insulation" should be interpreted not so much as a dimension of thickness, but as a performance specification for protection against freezing. We believe that it was the intent of the Arbitrator to direct that a pump station be constructed in compliance with the regulatory codes and permits governing sewerage works. While detail is provided in his ruling such detail does not override the code issues. 5. Town of North Andover Building Permit A building permit (No. 412) was issued at 178 Main Street(Assessors Map 0040 and Parcel Number 0004) on December 5, 2005 to the Sutton Pond Condominium Trust's contractor to rebuild a 6' x 8' shed per existing shed (no changes). The permit application indicates the permit is for utility shed for complex including tear down and rebuild shed of same size, length and width. The shed was re-built, however, the permit does not indicate building permit is for replacing pumps, electrical and mechanical equipment. Work to replace pumps, electrical and mechanical equipment was not completed. This building permit is expired and a new permit would be required to ensure municipal inspection by building inspector, plumbing inspector, electrical inspector and fire department. 6. Pump Station Plan Review—Plan by Crossfield Engineering, Inc., August 2, 2006, Rev. 1 October 4, 2006 The engineer hired by GSD Associates, LLC in conjunction with the shed design shown on the plans, prepared a final design to reflect the findings of the arbitration procedure recently completed. Stalntec June 8, 2007 Page 7 of 14 Reference: Sewage Pump Station GSD Sewerage Consulting The existing pump station would be abandoned and a new submersible pump station constructed adjacent thereto. The final design would incorporate 3-inch dual 130 gpm 2 HP submersible pumps in a 4' diameter x 6' deep fiberglass wetwell and automatic controls. GSD Plans show a shed, fully insulated foundation and ventilation for the shed to be constructed over the wetwell. While the design substantially meets the requirements of the arbitrator, and is adequate for pumping raw sewage we cannot recommend acceptance of this pump station for the following reasons: a. The wetwell is NEC Area Electrical Class 1, Group D, Division 1 (i.e. explosion proof) which requires explosion proof rated motors for the pumps, controls and electrical components required for wetwells and spaces not separated from the wetwell and the shed over the wetwell must be non-combustible construction per NFPA 80. b. The 48" diameter x 60" deep wetwell does not have sufficient volume to provide the 24 hour additional storage during power outages. The wetwell is appropriate if the pumps were interconnected to a standby power generator or a portable generator were available with appropriate receptacle and transfer switch. c. The pumps with the semi-open impeller and 3" discharge are not capable of passing the required 3" solids per TR-16. We recommend the pump be supplied with a "cutter"type impeller which then allows for 2" sewage solids criteria to be used and would be acceptable. The pumps will develop sufficient head for the site conditions. d. The volume of concrete for anti-buoyancy should be stated and dimensioned. e. The electrical one line diagram does not provide for emergency power connection of portable generator or for explosion proof equipment. If provision for emergency power is provide then the need for 24 hour additional storage volume in the wetwell can be eliminated. It is noted that the storage requirement is based on the Title V flow and assumes that the building is fully occupied during power outages and that water use does not reduce. This is admittedly a very conservative criteria and is intended to allow occupancy of the building over an extended power outage without the need to have frequent pump-outs performed. f. 7. Pump Station Plan Review—Plan by GSD Associates, LLC, October 4, 2006 The building owner prepared a preliminary design to reflect the findings of the arbitration procedure recently completed. The existing pump station would be abandoned and a new submersible station constructed nearby. This preliminary design would incorporate dual submersible sewage pumps in a 48" x 60"deep FRP wetwell, automatic controls and a high grade wood frame insulated Stantec June 8, 2007 Page 8 of 14 Reference: Sewage Pump Station GSD Sewerage Consulting ventilated shed over the wetwell with a fully insulated continuous concrete foundation and floor slab. We cannot recommend submittal of this pump station plan for the following reasons: a. The wetwell is NEC Area Electrical Class 1, Group D, Division 1 (i.e. explosion proof) which requires explosion proof rated motors for the pumps, controls and electrical components required for wetwells and spaces not separated from the wetwell and the shed over the wetwell must be non-combustible construction per NFPA 80. This generally means a concrete a concrete block or precast building. b. The 48" diameter x 60" deep wetwell does not have sufficient volume to provide the 24 hour additional storage during power outages. The wetwell is appropriate if the pumps were interconnected to a standby power generator or a portable generator was available with appropriate receptacles and transfer switch. 8. Recommended Pump Station To comply with codes and to meet the orders and intent of the arbitrator's findings we recommend a sewage pump station incorporating the following components: a. Dual non-clog submersible sewage pumps with cutter type impellers, rated at 80 gpm at 70 ft. TDH± (head to be confirmed), 3 HP, 230v, 60Hz, 1 phase explosion proof. Lift-out guide rails are required. The cutter type impellers will reduce the size of solids and their clogging potential. Other pumps and ratings could be utilized provided they are engineered in conjunction with wetwell sizing and other equipment. Pumps rated at 130 gpm would require a larger working volume for the wetwell to provide two minutes of run cycle time compared an 80 gpm pump rate. b. 6-0" diameter wetwell is required to be approximately 8 ft. deep to have sufficient volume and be of FRP construction with concrete anti-flotation collar to provide liquid working depth of 1 ft. to provide a manufacturers recommended 2 minute run cycle time and 3 ft. storage depth. A pump rated for 130 gpm would require a larger working depth of 20 inches. A shallower wetwell could be constructed to provide sufficient volume for 24 hour storage. Alternately, the wetwell could be precast concrete and the flotation collar deleted. Alternately, a backup generator could be provided to reduce the required size of the wetwell. Wetwell size and configuration should be engineered in accordance with pump systems specified. c. The wetwell should be positioned at least 10 ft. away from the existing building to prevent undermining during excavation. A wetwell 4'-0" diameter by 6 ft. deep would be acceptable if emergency power(permanent with automatic transfer switch preferred) is provided. The wetwell and all piping would be below grade with only the access hatch visible. This would put the pump station outside the jurisdiction of the 248 CMR. Stantec June 8, 2007 Page 9 of 14 Reference: Sewage Pump Station GSD Sewerage Consulting d. The volume of concrete for anti-buoyancy should be stated and dimensioned for the wetwell. e. Pump controls and alarms rated by NEC as unclassified (i.e. NEMA 1) mounted in lower hallway or 2nd floor electrical room of the existing building. f. Upgrade electrical service for pumps, heating and ventilation system. Provide explosion proof panels and equipment. g. Reconstruct pump house to meet requirements for non-combustible materials, heating and ventilation. "A package pump station "engineered and provided by manufacturer would be acceptable as an option. h. Provide plans for installation and operation of the system certified by a Licensed Professional Engineer, Commonwealth of Massachusetts as required by the Award of the Arbitrator prior to start of construction. 9. Site Plan Special Permit Changes/Modifications The Town of North Andover issued a site plan special permit in 1993 for development of this site which included upgrades to sewer service. Changes or modifications to an approved site plan under Town of North Andover Bylaw require the following: Town Bylaw Section 8.3(4) Procedures a. The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection 8.3(8)-Revisions to Approved Site Plans. Town Bylaw Section 8.3(8)—Revisions to Approved Site Plan a. Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three (3) copies of the revised plan and the revisions placed on theIan fall into the following categories: p 9 9 i. A change of location and layout of any parking area(s), signs, storage or accessory buildings, provided that no Town Bylaws are violated by the change; ii. The change in the proposed landscaping plan which does not violate any Town Bylaw; iii. A change of degree and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. b. The revisions cited above may be completed without further review by Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection, and Stantec June 8, 2007 Page 10 of 14 Reference: Sewage Pump Station GSD Sewerage Consulting that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site plan. c. If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. A copy of the original decision, a plan including the modifications, and a short explanation detailing the proposed scope of work should be submitted to the Town Planner, Office of the Planning Department Community Development and Services Division, which will determine whether the scope of work is materially different from the site plan approved by the Planning Board. 10.Building Permit: Anew building permit from the Town will be required to make necessary P.S. repairs. 11.Wetlands Permit:Any excavation in this area is within the jurisdiction of the conservation commission and CH 131 Notice of Intent. Application with site plan is required to be filed with the North Andover Conservation Commission and MADEP for replacing the pump station. If you have any questions regarding this matter please do not hesitate to contact us. Thank you for affording Stantec the opportunity to serve you in this matter. Sincerely, STANTEC CONSULTING SERVICES INC. Victor A. Olson, P.E. Senior Project Manager Tel: 978-692-1913 Fax: 978-692-4578 victor.olson(astantec.corn Attachment: Copy of site plan Special Permit Stantec June 8,2007 Page 11 of 14 Reference: Sewage Pump Station GSD Sewerage Consulting e , r ■ ■ Photo 1 -GSD Building &Sewage P.S. Site w �I Photo 2-Frozen 2" Force Main,Wetwell &Unit Heater Staff June( 2007 P g 12 of 14 Reference: Swge Pump Station GSD Sewerage Cnumng . . : . . > . � x�* . .>a . .+ x. . . . Photo 3.Wetwe| &Sewage Solids,One pump m Wetwe| : . . . . ._. . . :>. � \ Photo 4.mS Wood farmeMaterials Stantec June 8,2007 Page 13 of 14 Reference: Sewage Pump Station GSD Sewerage Consulting Photo 5-NEMA 1 Pump Control Panel I f NOb PW 1 O ` Photo 6-NEMA 1 Pump Control Panel I Stantec June 8, 2007 Page 14 of 14 Reference: Sewage Pump Station GSD Sewerage Consulting r C •*f iz t <% y of r Photo 7-Valve Pit 3 Force Main -in 4"Check Valve 4"Force Main -out ,�dan 10 05 10; 13x united Comp PUMP 603 552 5867 P. 1 United Comprressor_& Pump.,SRw ees Inc. 13 Delaware Drive Unit 22 Salem,NH 03079 Tel: 978.685-0808 NH.- 603-552-5885 Fax: 603-552-5857 www.billaunito dadrti.00m January 10.2006 To:. Matt Dykeman Essex ManagementFax: 978-687-864D Subject: Granite Building sewage pumping station upgrade Thursday 1112/06. Two new Gould's submersible pumps# W012SHF. 2 horsepower aet 230-volt single phase, 3"discharge: 3"piping,unions, 90's,adapter's, check valves and ball valve, Schedule 40. New high-water alarm includes buzzer alarm and waming light: New upsized control panel to handle(2)-two horsepower pumps. Includes alternators,HOA, starters/contactors, wired to run one pump at a time. Pump down system completely. Shut down electrical supply to station. Remove old pumps, piping and electrical systems. Disposal as required. Install new pumps and piping. All new 3" piping and valves. Install new float switches and nun wires to control panel and alarm. Licensed electrician hired by Sutton Pond to install pump control panel and hook up all wiring and connections. Test systems. Granite building will not be able to pump waste for at least 4 hours. This is an approximate time only. Please have thern minimize the use of all toilets and sink drain usage during this time. We will make every effort to keep the time to a minimum and will keep you posted on our progress. Please let me know if you need anything further, Thank You � F1 Bill Dufton -cu-cuuo ug.gorx rKut-rsrKlns d Ansa l rc +978-261-3609 T-089 P.005/008 F-299 NORFOLK. A -R GROUP ENGINEERING THE ENVIRONMENT January 16,2006. Attorney Charles A. Perkins,Jr. Perkins &Anctil,P.C. 73 Princeton Street,Suite 306 North Chelmsford,MA 01863.1558 RE: North Andover—Sutton Pond Condominium Association Sewage Ejector Pump— 148 Main Street,Building A Norfolk Project No, 768.001.01 Dear Attorney Perkins: We have reviewed the Granite Building sewage pumping;station upgrade proposal pmpart d by Pump United Compressor 8.. Pum Services Inc. and have determined that this submittal substan Tally conforms to the pumping system installation that was submitted for review and discussed d Iring tl,c September 20,2005 Arbitratiotl Hearing. The intent of this proposed duplex pumping s stem is to replace existing undersized pumps, valves and piping with the installation to be comr feted within the existing wet well in accordance with the manufacturer's recommendation and installation instructions. The approved pumping system (as outlined in our Memorandum dated September 12, 005) includes the installation of duplex Goulds Pump, non-clog submersible pumping system, (Triodel 3887B1iF with 2 hp, 230 volt,3500 rpm single-phase motors and a maximum draw of 18.0 amps Providing 130 gpm of flow at 44' total dynamic head). The pumping system is to be equipped with a new high water alarm and an upgraded control panel. Furthennore, the app oved installation is to include upgrade of the existing 2"diameter discharge pipe and valves, wit I a 3" diameter replacement line(including flow control valves and check valves)to be installed above ground within the upgraded pump house building. The remainder of the existing 3"piping that extends underground approximately 20 feet to the existing subsurface valve chamber whets it is coupled to a 4" line that ultimately extends to Main Street, is to remain in use and will no need to be disturbed. The Award of the Arbitrator, dated October 18, 2005 indicates that "the wet well is to be in accordance with manufacturer's recommendation, State Plumbing Code and T tie 5 Regulations", The existing 40" diameter, 48" deep fiberglass wet well appcsrs to cornpl with the applicable sections of the State Plumbing Code and is sufficient for the installatior to be completed in accordance with the manufacturer's recommendations and installation instru tions. Furthcmlore, the provisions of 310 CMR 15.000: The State Environmental Code, 7 rle 5: .SimI?durd Requirements for the Siting, Construction, Inspection, Upgrade and Expansion f On- sire sewage Treatment and Disposal Systems and for the Transport and Disposal of S Plage, UNC RnnLi rs Rona+PCYMou't1!,MASSAC}iusFTI's 02360•(508)747-7900 NuoNr (508)747.3658 r•Ax 2j Bilt('I I S 1ltfa:'I',13111Lt)1NG B•MILr•02n,MASSACIIIISFII-rS 01757•(508)478-1276•(508)478.1498 FAN W W W.NOIkFO LK RAM,COM •� ��•»�rxi rnuxrrorenis a AncLii ru +878-Z51-3606 T-069 P.006/006 -T99 January 1.6,2006 Sutton Pond Condominium Assocuation SC1,Vage Pumping System Installation (Thle5) are not applicable for this site. Title 5 regulates the siting, conslruCtiOn, upgrade and maintenance of on-site sewage disposal systems(ie septic systems) not the design,installatio I or operation of pumping systems that convey sewage to a municipal sewage collection system. Finally, as outlined in the Memorandum and discussed. at the Arbitration Hearing, Mr. rim Willett, Sewer Superintendent for the Town of North Andover has indicated that the se age connection for 148 Main Street, Building A is an existing permitted use and that no new stage or local sewer permit is necessary for the upgrade of these pumping systems, If you have any questions, or require any additional information,please Leel free to contact n e at (5 08)747-7900,extension 130. Sincerely, Norfolk RAM Group Kevin P.Klein,P.E. Associate Copy to: Mr. Matthew B. Dykcman,Essex Management Group Mr. Bill Dufton,United Compressor and Pump Services, Inc, BB3S75 .,20 TOWN OF NORTH ANDOVERL'w HASSACnUSETTs .. r ,1. �Ec ZZ Any appeal shall be filed within(20) days after the date of filing of this Notice In the Office of the Town D�atair:�, Clerk. NOTICE OF DECISION U0001111. CoDT December 22, 1992 a r� Date.... x•�;�;��1;�, :,� .lSecemliei� December 15, 1992 Date of Hearing ............ ... r'. _ rfGs.-f Vtiilon 13.f�.QUtt�AC.,. :..................................................... cz z . 7t; iess� ected .ileat�side,of,Elm/High.Stzeet....... Referring 'to the above petition for a special permit from the requirements y . of the North Andover Zoni..... ,�BYlavf�Section, 11�........ d Development District ...................... yR. so as to permit the relaeue af� a Special Permit in order to complete the. ,., �t • Q� fppp Fpction of the Osgood,Mill Pro}ect. u� ..... ... ............................. After a ppublic hearing given on the above dnte,.the Planning Hoard voted a CONDITI0t1ALLY a, to AjPkQ%ES .......the , SPECIAL PERMIT . ...................................... based upon the following conditions; cc: Director of Public Works Building Inspector Conservation Administrator Health Agent Signed Assessors} Police Chief Cicp�ge PAXAa r.t�v�i�pt ........`� Fire Chief Applicant .Joseph X4wiley.................. Engineer File .Talo: SStmna..................... Interested Parties Jahn Drapes ...................... Rf�h�Fd.gos�es�, g.B .. ... Rinnninoard l BR3fi75 . 'KAREN H.P.NELSON �' Town of 120 Main stmt.018,15 Din :,' (5W)68,2.6483 NORTH ANDOVER BUILDING .:..:,7� ovER CONSERVATION PLANNING PLANNING &COMMUNITY DEVELOPMENT December 22, 2992 Mr. Daniel Long, Town Clark Town Office Building 120 Main Street North Andover, MA 01845' Re; Osgood Mill Planned Development District (PDD) Special Permit Dear Mr. Long: The North Andover Planning Board held a public hearing on Tuesday evening, December 1, 1992, at 8:00 p.m. in the Town Office Meeting Room, upon the' application of. URDAC, Inc. of Boston, MA., and subsequently continued the public hearing until December . 15, 1992. The hearing was duly advertised in the Lawrence Eagle Tribune on November 16. and November 23, 1992. All parties of interest were properly notified. The . following members were present at . the December 1, 1992. meeting; Joseph Mahoney, George Perna, .John Draper, John Simons and Richard Rowan. The petitioner seeks a Special Permit under Section 11- Elanned Development District of the North Andover Zoning Bylaw (the "Zoning Bylaw") , governed by Section 10.31 Conditions for Approval of ,Special Permit. This section of the Zoning Bylaw permits a mixed use in an Industrial-S District by Special Permit. As indicated in a Notice of Decision dated September 3, 1985, recorded with the Essex North District Registry of Deeds at Book 2111„ Page 167, the Planning Board issued a Special Permit to allow the conversion of two existing buildings, and*- constructioii of five new buildings, into 188 residential housing units and an office/restaurant facility located on the Westside of Elm Street and 'known as the Osgood Mill Complex. Said lot is situated in an Industrial-s Zoning District possessing 13.2 acres of land area. In addition, the. premises is located in the Town's designated Commercial .Area Revitalization District (CARD) and Historic District. Construction authorized under the above referenced Special permit was discontinued before the Osgood Mill Complex was completed, and a question has arisen whether the Spacial Permit, as well as the associated site plan approval for the, Osgood Mill Complex, are still in full force and effect. I . _ .� . B $ S x.78 . .•(. . 2 Page 23 ; ` Osgood bill Complex The purpose of the .present Special Permit application is 1 obtain a new special Permit, as Well as definitive site pl+ approval, in order to complete the partially constructed Osgo+ Mill Complex. The new definitive site plan is set forth on U plan entitled "Site Layout(,) 'Sutton Pond Condominiums[', ] Nor, Andover, Massachusetts"; prepared by Henry Schadler Associate; P.C.; scale: 1"-401 ; dated November 13, 1992, revised Novemb 30, 1992 (the "Plan") . The following members were present and voting at t December 15, 1992, meeting when the Board rendered the decision; Joseph Mahoney, George Perna, John Draper, Jo Simons, and Richard Rowan. Upon a motion made by Mr. Mahoney and seconded by t Draper, the .Board voted unanimously to close the public heari and approve the petitioner's Special Permit applipation and PI for a Planned Development District (PDD) for the Osgood Mi Complex. Attached are those conditions. Sincerely, NORTH ANDOVER PLANNING BOARI George D. Parna, Chairman ccs Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File B93675 Osgood Mill Project Special Permit, Planned Development District la The Planning Board requested g herein approves the Special Permit r qu d by URDAC, Inc. , submitted November 13, 1992.. The Planning Board makes the following findings regarding this Special Permit for a Planned Development District (PDA) as required by Sections 10.3 and 10.31 of the North Andover Zoning Bylaw.. A. The specific sits is an appropriate location for such a uss, structure or conditions B. The use as, developed will not adversely affect. the neighborhood,• C. There will be no nuisance or serious hazard to vehicles or pedestrians; D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; E. The Planning Board finds that the use is in harmony with the general purpose and intent of this Bylaw. The Planning Board also makes these findings under Section 11.4 of the North Andover Zoning Bylaw that this PDD A. Does not detract from the livability and aesthetic qualities of the environment. B. Is consistent with the objectives of the Zoning Bylaw. C. Promotes a more efficient use of land while protecting natural resources, such .as water resources, wetlanda, flood plains, and wildlife. D. Promotes diverse .housing at a variety of costs. E. Contains ingress and egress for traffic flow that is designed properly so that there will be no serious /. hazard to vehicles or pedestrians. V/ F. Contains adequate ..parking facilities for each use and structure in the development. G. Is designed so that major facilities and functions are visually compatible with the natural and historical characteristics. H. Will not adversely affect the natural environment to the detriment of community character and public health and safety. Finally, the Planning Board finds that tho PDD complies with Town B93675 ; 224 Bylaw requirements'so long as the following additional condition are met: 1. The required open spaces shall be conveyed to the Conservation Commission or to a non-profit conservation organization, or to a corporation or trust representing persons responsible._for the PDD, and .shall be protected by a conservation restriction as required by G.L. Chapter 40k,. Section 9 , for common open space, in cluster developments.. The conveyance documents will be provided to .the Planning staff for review prior to the recording of the Special Permit. 2. The applicant shall comply with all Horth Andover, Department of Public Works Rules and Regulations. `s. Any action by another Town Board which requires changes in the , roadway. ._ al .gnment., ._....placement of . any ._easements or . utilities, drainage facilities, grading or no-cut lines, may subject this decision to modification by the,Planning Board. 4. The property owner shall -use the "proposed right'of way'i as shown on the Plans titled: Site Layout, Data Issued: Nov. 13, 1992, Revisions: Nov. 30, ' 1992, Prepared By: Henry Schadler Associates, 5 Waterville Rd, Farmington, CT 06032 (hereinafter "Plan") for ingress and egress to the site. The Property owner shall continue to use this right of way asit may be modified over the Brickstone property, so- called, in the future to access directly .the Sutton Street connector, once it is constructed. 3. All lighting within the site and the right of way shall be as shown on the Plan and shall be consistent with existing lighting on site. 6. All new signs shall be approved by the Town Planner and must have' a sign permit as required by Section 6 of the Bylaw. 7. The Planning Board approves, at a minimum., .281 . parking spaces as shown 'on the Plan: The Planning Board finds this number of spaces, although minimal, to be adequate, for the, project as approved. Twenty spaces will be designated and marked for visitor parking. The applicant must provide for handicapped spaces as required by applicable state and federal rules and regulations.. 8: The water .installations -must . conform .to .310 . CMR :22:22 regarding cross-connections. Plans showing proposed. Z `, installation of back flow prevention devices at. such cross- sections . must be submitted to ..D.E.P. tfor review and approval. These installations must be approved by the j plumbing inspector. BK3675 . 225 S. The applicant shall adhere to the following requirements of , the Department of Public Works: a. The applicant will connect, the new water wain on the Osgood Mill -site to the recently installed water main on the North Andover Mills property. All unmetered on site water mains to be used for domestic purposes are to be abandoned. b. The sewage pumping station and collection system should be inspected and tested to determine conformity to, the appropriate regulations and specifications of the Division of Public Works. A sewer connection permit must be produced from the Division of Water Pollution Control of the Massachusetts Department of Environmental Protection if necessary. --� C. The existing pump station adjacent to the office building will be demolished. The applicant will install an individual3- rindsre ectcr pump to the lift station e at the courtyard location. 10. . The applicant shall adhere to'the, following requirements of the Aire Department: a. The Fire Department must be contacted prior to the installation of any underground tanks. b. Copies of the completion certificates for asbestos removal must be forwarded to the fire department. C. The automatic fire sprinkler systems is required to be finished. The Fire Department will work with the sprinkler contractor to modify existing but partially built system to comply with applicable fire safety codes. I. all the installations must be inspected and tested to see if the flows will be adequate- ii. the connection for the sprinkler systems protecting the units and adjacent hallways shall be corrected by the removal of the separate sprinkler shutoff so that there is only one -shut off for both the domestic and sprinkler water. iii. the sprinkler contractor shall review the entire sprinkler protection system with the fire chief prior to the start of any work on any existing or new systems. d. The dry fire hydrant is to be maintained by the property owners. it` must be tested by the Sire B K367b 26 department and repaired by the property owners. �. The automatic sprinkler sYstem used to protect the storage area on the lower floors- must be installed in accordance With applicable. fire safety codes 1. at the direction•_of the fire department. f. Fire department. connections art required on the standpipe systems. Thest ctandpipan must be irictallsci in accordance .with. the applicable fire safety codos,. The fire -department will work in conjunction with the standpipe contractor to insure that the proper adapters and threads are installed on these devices. 9• The fire sprinkler system in the stone maintenance building must be maintained by the property owner. Any change in use of the building from maintenance to another use must be reviewed by the fire department. h. the existing fire alarm box, located on the old mill must be removed. A new firealarm box and remote annunciator shell was installed at the far right corner of the existing old mill. This . fire alarm box and remote annunciator shall service all .the fire alarm devices in the residential complex. The main fire alarm control panel for the complex shall be located in the stairwell adjacent to the fire alarm box. i.. The— fire alarm system components that have been installed must be inspected and tasted. j. A fire alarmsystem must be installed with the following equipment: i. hard-wired smoke detectors in common areas .and hallways tied to the fire alarm central panel and zone indicator; ii. each unit will have smoke detectors as required but will be only for that unit and not connected to the. central panel; iii. a double action pull station shall be installed within 6 feet of every exterior door from common areas; iv, an exterior indicator light shall be placed on the corner of each section of the buildings (4 in total) , visible from the courtyard to give fire apparatus the location of the problem as described on the existing plans. k. A water flog alarm for each sprinkler system shall be installed. These alarms will not activate- the master 2 27 h./fr fire'alarm box. The system protecting the storage areas shall have its glow switch.. connected to the main control panel and the activation of that .flow switch will trip the master fire alarm box. . . 11. Prior to a certificate of Occupancy being issueds A. Bonds, in this form of a Passbook or Tri-Party Agreement in an amount to be determined, by the Planning Department, shall be posted to ensure e construction and/or completion of the right of way across the Brickstone Property as shown on the record plans. b. The applicant- is to provide a final as-built When construction is completed to be approved by the Department of Public Works and the Town Planner. 12. Prior to a Certificate of Occupancy being issued for the last of the rive (5) new buildings, the property owner must construct .one additional elevator as shown on the building plans. 13. The applicant must comply with all Massachusetts state building codes and obtain all permits and approvals as required from the Bu4lding Department. . 14. There shall be no burying or .dumping of construction material on the site. 15. . The contractor shall contact Dig Safe at least 72 hours prior to -commencing any excavation. 16. Gas, telephone, Cable and Electric Utilities shall be installed as specified by the respective. utility companies. 17. Any plants, trees or shrubs that have been incorporated into the landscape plan approved in this decision that die within one year from the time of planting shall be replaced by the applicant. 18. Any demolition of' structuras and clearing of material shall be as shown on the Plan. 19. The Main Street access to the property shall be a one way only ingress. The access to the property from High Street shall be both an egress and ingress. across the right of fray as described on the Plan and as referenced in Condition # 4. 20. The one-way access from Main Street to the property is to be maintained by the owner. 21. Any change in use of .the stone maintenance building tram maintenance to another use is subject to the review or the Planning Board. 22. The construction of the, interior of the building shall bL under the supervision of the Building Inspector. . 23. All construction shall commance Within two (2) years from thedate of this approval and- shall be completed Within five (5) years from then date of this approval. Completion to be December 22, 1997. 24. The, provisions of this conditional approval shall apply to and be binding upon the applicant, its employees Yaes and all successors and assigns in interest or control. 25. The following plans shall be considered as part of this decision: Plans Entitled: Osgood Bill North Andover, MA Prepared by: Anderson-Nichols, Boston, MA Scale: .1/8" - 11-0« Dated: April 6, 1987 Sheets C1-C8 - Civil Sheets D1-D10• - Demolotion Sheets AO-A23 - Architectural ' Sheets Sl-S9 - .Structural Sheets P1-P6 - Plumbing. Sheets M1-M7 - Mechanical Dated: 3/17/87 Revised: 4/1/87 Sheets E1-E12 - Electrical Plans Entitled: The Osgood Mill, North Andover, HA Prepared by Matarazzo Design 9 Hills Avenue Concord, H.H. 03301 Scale: 1" - 30' Dated: August 3, 1987. Sheets: 1 - 5 Dated: November 11, 1987 Sheets: 1 2 Revised by the following plans: Plans Entitled: Site Layout Sutton Condominiums North Andover, MA Prepared by: Henry Schadler Associates, P.C. 5 Waterville Road Farmington, CT 06032 Dated: November 13, 1992' Revised: November 30, 1992 113675. 229. Scale: 1M „ 401 As-Built Sita Development Plan Prepared for RECOLL Management Corporation Scale: 1» ' 5 O Dated: August 1992 Plans Entitled: Planting Plan • Sutton Pond Condominiums North Andover, MA Prepared by: Henry Schadler Dated: November 13, 1992 Revised: November 30, 1992 Scale: 1" i 40' cc: Director of Public Works Building inspector Conservation Administrator Health Agent Assessors Police chief Fire Chief Applicant Engineer File OSGOOD.D d 05 02: 30P E p.2 AMERICAN ARBITRATION ASSOCIATION Construction Arbitration Tribunal In the Matter of the Arbitration between: Ido: 1.1 1101:01040 05 Gregory Smith,Trustee of Slone Mill Realty Trust and Claimant" Trustees, Trustees,Sutton Pond Condo Trust " Respondents" AWARD OF ARBITRATOR 1, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreement entered into between the above-named parties and dated December 01, 2003, and having been duly sworn, and having duly heard the proofs and allegations-of the Parties,do hereby,FIND,as follows: I. Claimant is found to have breached the Settlement Agreement entered by the.Court in the case of"Gregory P. Smith and Linda M.Can de Voorde,individually and as Trustees of the Stone Mill Raaf Trust v.Suuon Pond Selement CohConCondominiumTrust",Essex Superior Court,Civil Action Number 99-01960, Ia specific,Claimant bas breached the Agreement by failing h allow pesuse the same to install a duplex sewer pump system with an alarm system along with the construction of a shed to house the same. The Arbitrator orders the purchase and installation of two(2)Goulds non-clog sewer cjectar pumps,Model 3883 BUF as detailed and specified in Respondents'Exhibit 29,installed in a"duplex,arrangement with conaro s,slanns,electrics,piping and valves as required,engineered and designed to discharge to the municipal system in accordance with the Town's requirements and good engineering practice. The installation and operation of the system shall certified by a Licensed Professional Engineer, commonwealth Oflvlassachusetts. The Arbitrator orders Respondents to enter Claimant's facilities and make any necessary changes to Claimant's electrical system to provide the necessary power for Ute new duplex sewage pumps,controls and alarms, Art The we 1 is to be in accordance with manufacturer,owerr recommendation,State Pnlumbing Code and utages must bc sit the covenience of Title 5 t. Regulations The Arbitrator has determined,based on testimony,documents,exhibits and site inspection that Claimant's tf:quemed"grinder"Pumps do not meet Claiman('s concern for maintenance and operation. 'Grio `effluent lfalumPs,given the dischargt piping confr8umuian,length,size and flow velocity could have effluent"fall-out",causing packing Of the particulates in the discharge pipe,flow obstruction at bends,pipe rn tendency /i o-morcuers and other genetal fittings, The non-clog pump(2"material discharge)would have a tendency to"move along",not packing within the system "Grinder pumps"have known significant maintenance costs relatol,particularly after the three-year Respondent's maintenance liability agrewment, causing a significant burden on Claimant at a later date- The Arbitrator fends That the Purnp shed,heated or otherwise,does not come under the Commonwealth of Massachusetts State Building Code 780 CMR and is ordered to be erected in compliance with all other requirements of the Torn of North Andover- ' The pump shed shall leave,as a minimum,hen access door,sufficient lighting for the urn ainte ram a n min- eat[lation ono nin of Ute maintenance use. P p nonce and,a minrmum 120 volt,20 amp outlet for { 2. Respondents are found to have br=ched the Settlement Agreement as described in item 1.. a minima[loedinghrnlo of traffic arca which Claimant shall have the right to use and failed to Provide z suitable providedondenis king arae wcd'ha obstruction of haffic flow,loading/unloading facilities,or fire lane interference. The Arbitrator observed that the closest surrounding parking areas are numbered and dedicated to the condominium residents- Page I of 2 Received Time Oct. 18, 2:34PM 5/E 8-5089 'ON Wdll:b SOE '61 DO 18 05 oz: aop ENGInl p.3 In the Matter of the Arbitration between tte:l 1110.E 01040 05 Gregory Smith,Trustee of Stone Mill Realty Trust "Claimant" and Ttttdlees,Sutton Pond Condo Trust "Respondents" AWARD OF AWNTRATOR The Arbitrator orders Respondents to create o parking slot within close proximity ofdcsigna4on 2 as shown on Exhibit C,for purpose ofparicing a service vehicle for access to the rear of Claimant's building. 3. The Arbitrator finds no breach of the Settlement Agreement,as described in item 1 in regards to trash siting and removal. The Settlement Agreement does not designate a permanent location farthe[tush containers,but only designates an area for the short-term construction project. The Arbitrator orders Claimant to place the cash containers at his desired location without abstraction to the ingtss of Respondents'property. All conditions regarding this issue in the Settlement Agreement remain in full effect. 4. As testified to,Claimant has failed on,at least one occurrence to adjust the lighting as required in paragraph 5 of the Settlement Agreement. The Arbitrator orders Claimant to provide due diligence in maintaining the operation time clock,loch,specifically when thea'is a power outage and daylight savings time adjustments. The Arbitrator reiterates the Gradings of the Court in regards to the"Settlement Agreement",civil action ntunber 99-01960 and Ciaimantand Respondents to cooperate jointly,allow access Claimant's leased property in order for Respondents to effectuate the terms of this Order. All legal fees shall be the burden of the respective clietus. The administrative fees of the American Arbitration Association totaling 52,100,00 and the compensation and expenses of the arbitrator totaling$842-12 shall be bome by the parties equally. This Award is in full settlement of all claims and counterclaims submitted to this Arbitration. All claims not expressly granted fi=in are hereby,denied. Date Mr.Fdchard A.Vantin 1,Mr.Richard A_Volkin,do hereby affirm upon my oath as Arbitrator that I am the individual described in and who executed this instrument,which is my Award. _ t !Yate Rich�AV.�Ikin � Page 2 of 2 Received Time Oct. l8, 234P 0 '01-5089 Ott' — _ NW:6 _S00Z '61 UO i Al ca SIT COW APRON- w0 p1.ATFOAM, y o oz STAIR5GATE p2. to O CONG . .. T T 3)PIPES 4 ! i a 6sr�! wo. SHED g� •: V m 2 a WASS ft r, t •`'t K T a MY _ � MP• • , is s>w»a _ aaRS� r4 e O "MAr �r MCKRa b� k KYD Q4, MIATER c eFP Q` df WATER T dBROW ?' -� o� e" wq4 �! lNPP'ORL lips S �� - - It ` fTLUP VAUCGRATE y GRASS .,.r,:3"• ; '�:..... ........v � #:,,::`--- - - !y�,�,it 5 f t •ti O fff � I eo, • Q� oSM ., �` ' 100 YR•FL• ' UP l •;;,.,� 9 GA e f �. N -�2--I4-00 M, -3B-2P W ZZ TOWN OF�NORTH wo. rosT 24.88 1 / v � ANDOVER +w •,� • IT20 / 176 V\a O �r - v Z ati. Q \\\ ..a- •g \ �i� ' -�N PJ 1 TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OS0000 STREET. 01843 WILLIAM A. CYR TELEPHONE 687 7964 Nr'i Rim DIREcrORFAV (508) 683 9381 O' MOAT"' , �O 3+ Q : December 1 , 1992 y ;,SSMC wUSt�a Mr . George Perna, Chairperson Planning Board 120 Main Street J:orti� Andover, Ma 01845 Re : Osgood Mill Dear Mr . Perna : The Division of Public Works has reviewed the September 1985 Special Permit and various construction and site plans of the Osgood Mil]. Complex. Based on the review of available information we have compiled the following list of outstanding issues which need to be addressed. 1 . Provide a plan for construction of adequate vehicular and pedestrian access to both Main Street and High Street . The plan should consider the potential future access to Sutton St . The plan should be based on an updated traffic study and should address our concerns regarding flow and site distance in the direction of and at the intersection with Main St . 2 . Connect the new watermain on the Osgood Mill site to the recently installed water main on the North Andover Mills pr,,pe.-tv. Bandon al' unlined on site keat er Mains to be used for domestic purposes . Hydrants should be installed ;..n accordance with sheet C-4 of the 1987 plan, or as required by the Fire Department . 3 . Thee water installations must conform to 310 CMR 22 : 22 regarding cross-connections . Plans showing proposed installation of back flow prevention devices must be submitted to D. E . P . for review and approval . 4 .• :tie :sewage pumping station and collection system should conform to the appropriate regulations and specifications of the Division of Public Works . A sewer connection permit must be obtained from the Division of Water Pollution Control of the Mass Division of Environmental Page 2 . Protection. The existing pumping station along Cochichewick brook should be redisigned to reflect future site use . 5 . Provide an interim as-built plan prior to continuing construction on site and a final as-built when construction is completed. Very tr yours, J. William Hmurciak, P .E . Assistant Director JWH: jm Y � ELM MILL REALTY TRUST 200 North Main Street East Longmeadow, MA 01028 (413) 626-4686 December 8, 1992 Mr. George Perna, Chairperson Planning Board Town of North Andover 120 Main Street North Andover, MA 01846 REFERENCE. SUTTON POND (A/K/A OSGOOD MILL) 166 ELM STREET NORTH ANDOVER, MASSACIIUSETTS Dear Mr. Perna: In response to the letter dated December 1, 1992 from the Division of Public Works to the Planning Board with respect to the above—captioned development, please be advised of the following: 1. Item No. I: The site plan shows our plan for adequate vehicular and pedestrian access to Main Street and Iiigh Street. A recent traffic study was provided to the Planning Board in connection with the addition to the Brickstone property. The relocated right—of—way approved by the Planning Board is an Integral part of the plan. Pursuant to yesterday's meeting with Marty Spagat, Paul liedstrom, John Nolan, Karen Nelson and Kathleen Bradley, I understand that you have Instructed Mr. Spagat to record a new easement consistent with your prior approval. The proposed access to Sutton Street Is entirely outside of this property and outside of our control and is not a proper condition for this repermitting. 2. Item No. 2: We have not yet seen an as—built site plan for the North Andover Mills property. If the water main has been Installed contiguous to the Sutton Pond property on the right—of—way, then we will connect the water main. Please provide us with the pertinent information as soon as possible. Also, we need further clarification on the second part of Item #2 relative to abandoning all unlined on site water mains to be used for domestic purposes. 3. Item Nos. 3 and 4: It is our understanding that this work was Installed In accordance with the approved plans and applicable permits. We assume that the applicable DEP approvals were previously attained prior to Installation and connection. Item No. 4 indicates that the existing pumping station along Cochichewick brook should be redesigned to reflect future site use. It should be noted that this pump station will be demolished and a tennis court constructed In its place. Given the proposed demolition of this pump station, Elm Intends to Install an Individual grinder—ejector pump for the three—story office building which will more than likely pump to the lift station at the courtyard location. TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 ./. William F/murciak 01 MO.TN� Telephone (978) 685-0950 Director F' Fax(978) 688-9573 February 29, 2000 John A. Daly, Esquire 89 Main Street No. Andover, Ma. 01845 RE: Sutton Pond Condominium Complex Dear Mr. Daly: We have researched available information at the Division of Public Works in response to your letter of January 25, 2000 regarding special permit issues of the Sutton Pond Condominium Complex. We could not find any specific records for the inspection and testing of the sewer pumping station which now services your clients building.' Since we maintained the pumping station when the Town of North Andover leased the building we are aware that the old pumping station at the Osgood Mill was modified to service only the office building. However,the new pumps are connected to the existing force main which discharges to the sewer in Main Street. A sewer system extension permit from the Department of Environmental Protection was obtained for the project; a copy of which is enclosed. If you have any questions or require any additional information, please advise. Very J. William Hmurci .E. Director of Public Works G' JWH/njb ► � -� °� ti I -,- Commonwealth of Massachusetts LAR Executive Office of ENronmentai Affairs Department of Environmental Protection Metro Boston/Northeast Regional Office William F. Weld G"M" Daniel S.Greenbaum carmisslorw March 10, 1993 Ernest Gralia, III RE: NORTH ANDOVER - BRP WP14 Elm Services, Inc. Sewer System Connection/ 200 North Main Street Extension Permit No. 68834 East Longmeadow, MA 01028 Sutton Pond/Osgood Mill Dear Mr. Gralia: In response to your application for a sewer connection/ extension permit to discharge into the sewer system located at Sutton Pond off Elm Street in North Andover, Massachusetts, and after due public notice, I hereby issue the attached final permit. No comments objecting to the issuance or terms of the permit were received by the Department during the public comment period. Therefore, in accordance with 314 CMR 2. 08, the permit becomes effective upon issuance. This Permit is an action of the Department. If you are aggrieved by this action, you may request an adjudicatory hearing. A Notice of Claim for an Adjudicatory Hearing must be made in writing and postmarked within thirty (30) days of the date this permit was issued. Pursuant to 310 CMR 1.01(6) , the Notice of Claim shall state clearly and concisely the facts which are grounds for the proceeding and the relief sought. The Notice of Claim, along with a valid check payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) , must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The Notice will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described in 310 CMR 4.00. 10 Commerce Way • Woburn,Massachusetts 01801 a FAX(617)935-6393 • Telephone(617)935-2160 North Andover Sutton Pond, cont'd. Page 2 If you have any questions regarding this matter, please contact Alice M. Durek at (617) 935-2160. Very truly urs, Sabin M. Lord Jr. , Regional Engineer for Resource Protection SML/AMD/ad cc: -Kevin Mahoney/NERD -TOWN OF NORTH ANDOVER/DPW, 384 OSGOOD STREET, NORTH ANDOVER MA 01845 ATTN: DIRECTOR Thomas E. Neve Assoc. , Inc. , 447 Boston Street, Topsfield, MA 01983 Attn: Thomas E. Neve, P.E. 9 s6883.4.per 314 CMR: Division of Water Pollution Control One Winter Street Boston, MA 02108 7.20: PERMIT NO: Q� APPLICATION FOR PERMIT TOWN: ar' N-boVE& FOR For- issuing office SEWER SYSTEM EXTENSION OR CONNECTION use only: INSTRUCTIONS The application should be signed by the appropriate municipal official, and submitted in triplicate, with the original and one copy to the Division's Boston Office and one copy to the appropriate regional office. The signature of the design engineer or- other •agent will be accepted only if accompanied by a letter of authorization. If connection is to be made to the MDC sewerage system, indicate "MDC" in item 11. If the project includes sewers, pumping stations, force mains, or syphons, construction plans must be submitted with the application. If additional space is required to properly answer any questions, please attach additional sheets and refer to the attachments in the space provided. (1) Name and Address of Applicant: Elm Mi 11 Realty Trnct 200 North Main Street, E. Long. , MA 0102£ (413) 525-4585 Telephone (2) Name of Sewer System Owner: Town of North Andover (North Essex Sewer (Municipality or Sewer District)Di stric Dept. of Public Works (De artment) 384pOsgood St. , North Andover, MA 01845 • (3) Type of Project: Residential Sewer Connectors - Minor (Sewer Extension or Sewer Connection) (4) Number of Residences to be 188 Residential Units served: 1 110 - 1 BR Units 110 (5) Number of Bedrooms: 78 - 2 BR Units 156 96 futd! S Property: Formerly Osgood Mill Condominiums- 166 Elm Street North Andover, Massachusetts 314 CMR: DIVISION OF WATER POLLUTION CONTROL (6) Other establishments to be served: (a) None Name Address Type of Establishment Design Flow (b) (c) (d) (7) Design Flow-Gallons Per Day: Sewage 266 BRS @ 110 GPD = 29,260 Industrial Wastes None Total 29,260 gal./day (8) Location, Length, Size and Capacity of Sewers to be Connected to the existing system: (Attach, sketch) (a) See attached Name of Street Length of Sewer Size of Sewer Flow Full Capacity (b) (c) (d) (9) Location, Size and Capacity of Pumping Stations to be Connected to the existing system: (a) See attached Pump Station Location Number of Pumps Pump Size Pump Capacity (b) , 8. The 188 unit residential development was constructed in 1987-1988, and is currently connected to the Town of North Andover's public sewer system. The residential development is comprised of a combination of renovated existing mill buildings and new construction. As part of the construction. some new sewer systems were provided on the subject property and some existing onsite systems were upgraded. Substantially all underground work has been Installed and connected. The aforesaid systems tie into an existing line and sewer manhole which connects to the Town of North Andover's main gravity system. See attached Plans C-1. C-4, C-8 and Neve Associates "As—Built". 9. There is a lift station incorporated with the new sewer system for the new construction portion of the development as described in Item #8 above. However, as indicated, all wastewater discharge from the development connects onsite to an existing 10" sewer line which is connected to the Town of North Andover's gravity system. 314 CMR: DIVISION OF WATER POLLUTION CONTROL (10) General Description of Sewers and Pump Stations within the existing sewer system which will transport the flow from the proposed sewer extension of connection to the receiving Wastewater Treatment Facility: The sewer connection drains into an existing sewer manhole located on the subject property, which connects to an existing gravity sewer main. Such sewer main runs parallel to the now unused Boston and Maine Railroad within a 20' wide sewer easement. (11) Receiving Wastewater Treatment Facility: Greater Lawrence Sanitary District Name: . North Essex Sew(r District - Lawrpncp Average Daily Flow: 37 Million Gallons Per Day Design Flow: Million Gallons Per Day (12) Does the discharge contain any industrial waste? Yes No X If yes, list any pollutants which you know or have reason to believe are discharged or may be discharged. For every pollutant you list, please indicate its approximate concentration in the discharge and any analytical data in your possession which will support your statement. Additional wastewater analysis may be required as part of this application. (13) Does the discharge contain any industrial waste containing substances . or materials which could harm the sewers, wastewater treatment process, or equipment; have an adverse effect on the receiving water; or could otherwise endanger life, limb, public property, or constitute a nuisance? Yes No X (14) Do the wastewaters receive any pretreatment prior to discharge? ' X Yes No 314 CMR: DIVISION OF WATER POLLUTION CONTROL (15) List, in descending order of significance, the four (4) digit standard industrial classification (SIC) Codes which best describe the facility producing the discharge in terms of the principal products for services provided. Also, specify each classification in words. SIC CODE OPECIFY A. H. Not Applicable C. D. (16) Is the Proposed Discharge Consistent with Existing Sewer Use Regulations: YES: X NO: A (17) Is there a site of historic or archeological significance, as defined in regulations of the Massachusetts Historical Commission, 950 CMR 71. 00, which is in the area affected by the proposed extension or connection? YES: NO: .X (18) Does this project require a filing under 301 CMR 11. 00, the Massachusetts Environmental Policy Act? YES: NO: X If yes, Has a Filing been Made? YES: NO: (19) Name and Address of Massachusetts Registered Professional Engineer Designing the Proposed System: Anderson-Nichols & Company, Inc (Engineers/Ari7h;tprt) Name 31. St. James Avenue Address Boston MA 02116 City State Zip (617) 695-3312 Telephone Mass. P.E. Number 314 CMR: DIVISION OF WATER POLLUTION CONTROL (20) Certification , "I certify under penalty *of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly . gather and evaluate the information submitted. Based on my inquiry of -the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, .. true accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment of knowing violations. ,, (I will be responsible for publication of public notice of the applicable permit proceedings identified under 314 CMR 2. 06(1) (a) through (d) • ) Ernes Gralia, III nt N f " pli ant Title P912/28/92 Signature Applicant Date Signed Ernest A. Gralia III Elm Mill Realty triist _(413) 525-4585 Name of Preparer Title Phone No. 21) General Conditions (a) All discharge authorized herein shall be consistent with the terms and conditions of this permit and the approved plans and specifications. The discharge of any wastewater at a level in ' excess of that identified and authorized by this permit shall constitute a violation of the terms and conditions ' this permit. - Such a violation may result in the imposition Of civil and/or criminal penalties. as provided for in section 42 of the State Act. (b) After notice and opportunity for a hearing, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: 1. Violation of any terms or conditions of the permit; 2. obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; and 3 . •A change -in conditions or the existence of a condition which requires either a temporary or permanent reduction or elimination of the authorized discharge. i 314 CMR: DIVISION OF WATER POLLUTION CONTROL (c) In the event of any change in control or ownership of facilities from which the authorized discharges originate, the permittee shall notify the succeeding owner or operator..of the existence of this permit by letter, a copy of which shall be forwarded to the Director. Succeeding owners or operators shall be bound by all the conditions of this permit, unless and until a new or modified permit is obtained. (d) The issuance of this permit does not convey any property rights in either real or personal property, ..or any exclusive privileges; nor does it authorize or relieve the permittee of any liability for any injury to private property or any invasion of personal rights; nor any infringement of Federal, State, or local laws or regulations; nor does it waive the necessity of obtaining any local assent required by law for the discharge authorized herein. (e) The provisions of this permit are severable, and the invalidity of any condition or subdivision thereof shall not make void any other condition or subdivision thereof. (f) All information and data provided by an applicant or a permittee identifying the nature and frequency of a discharge shall be available to the public without restriction. All other information (other than effluent data) which may be . submitted by an applicant in connection . with a permit application shall also be available to the public unless the applicant or permittee is able to • demonstrate •that the disclosure of such information or particular part thereof to the general public would divulge methods or processes entitled to protection as trade secrets in accordance with the Provisions of M.G.L. c. 21, x.27 (7) . Where the applicant or permittee is able to so demonstrate, the Director shall treat the information or the particular part (other than effluent data) as confidential and not release it to any unauthorized person. Such information may be divulged to other officers, employees, or authorized representatives of the Commonwealth or the United States Government concerned with the protection of public water or water supplies. (g) Transfer of Permits 1. Any sewer system extension or connection permit authorizing an industrial discharge to a sewer system is only valid for the person to whom it is issued, unless transferred pursuant to 314 CMR 7. 13 . Such permits shall be automatically transferred to a new permittee if: 314 CMR: DIVISION OF WATER POLLUTION CONTROL A. The current permittee notifies the Director at least 30 days in advance of the proposed transfer date; and B. The notice includes a written agreement between the existing and new permittee containing a specific date for transfer of permit responsibility, coverage, and liability between them. 2 . Any sewer system extension or connection permit not subject to 314 CMR 7.13 (1) automatically transfers:-to a subsequent owner, operator, or occupant. (22) Special Conditions SEE f4TTACHFL) SPeC14 L CoNb iT1045 f T-{/9oa4q 7 APPRO RE ENDED: Signature-Ind Title o Appropriate Municipal Official (Phone) (FOR ISSUING OFFICE USE ONLY) MAR 10 1993 DATE ISSUED DIRECTOR DIVISION OF WATER POLLUTION CONTROL MAR 10 1993 - tFFECTIVE DATE OF PERMIT (22) SPECIAL CONDITIONS Permit No. 68834 1. This permit authorizes discharge of up to 29 , 260 gallons per day from the project specified within the permit. 2. Since the project has been substantially completed without the preparation of usual as-built plans denoting underground work for the project, the permit review was based on the plans that were prepared by the original architectural/engineering firm and subsequently revised by the applicant's Massachusetts registered professional engineer after construction was completed. Exact profiles and water/sewer line separations are not shown but inverts of sewer manholes were measured and noted on the plans. These plans consisted of four (4) sheets and are titled as follows: Title: Drawings C-1, C-4, C-8 and As-Built Site Development Plan Location: Sutton Pond (a.k.a. Osgood Mill) Municipality: North Andover, Massachusetts Applicant: Elm Mill Realty Trust Engineer: Thomas E. Neve Associates ' Date (Last Revision) : C-1: 04/06/87 C-4: 04/06/87 (06/26/87) C-8: 04/06/87 (06/26/87) As-Built: 08/09/92 Any deviation from the approved plans shall require review and approval from the Department. 3. Any future connection that will: a. discharge 15,000 gallons or more per day; or b. include a pump station except those serving one or more single family dwellings on a single lot; or C. include any industrial waste shall be subject to a new and separate sewer connection permit application as required by 314 CMR 7.00 and 310 CMR 4.00. 4. All pumping, ejector or lift stations shall be provided with an adequate and operational alarm system that will transmit a warning of a malfunction at the facility to a manned facility. Operational alarm systems shall be tested at least twice annually. 5. Small pumping ejector of lift stations which are not located adjacent to drinking water supplies, storage equal to the maximum amount of wastewater (including Infiltration and Inflow) which can be expected may be provided, or a portable standby generator may be used or a portable engine-driven pump may be supplied which can be readily connected to the force . main. Electric generators and engine driven pumps shall be tested at least twice annually. (22) SPECIAL CONDITIONS, cont'd Permit No. 68834 6. Manholes shall be designed for watertightness if located in areas subject to flooding and for any anticipated loadings. 7. After construction is complete and prior to actual use of the sewers, the applicant shall do the following: A. Submit a copy of the as-built plans including plan and profile views to the Department for the:, three story office building grinder/ejector pump and force main connection to the existing lift station in the courtyard location; B. Hire a Massachusetts registered professional engineer to conduct a dye test of all sewer connections and confirm in writing with a copy to the Department that all lines are connected to the sewer system as shown; C. Install a clean out manhole in the forcemain from the courtyard lift station at an appropriate location and submit a copy of the as-built plans including this new detail. 4 D. Submit documentation of ownership, an escrow account set aside for equipment replacement and operation and maintenance costs, a copy of an executed contract with a contract operations firm for the operation and maintenance of the sewer system infrastructure and pumping station associated with the sewer connection project for the review and approval of the Department. JM Associates Civil Engmeering Consultants 32» Main St. North Reading. MA 01864 (978)664.6668 Fax(978)664 8155 November 12, 200-1 Mr. Robert Lavoie Devine Millinret cf Branch 300 Brickstone Place Andover, MA 01810 Re: Pressiure Sewer Line From 148 Main St., Bldg. A,North Andover, Ma. Dear Mr. Lavoie: This letter is being prepared at the request of your client Gregory Smith. On November 6, 2002, 1 visited the above mentioned property and observed the condition of the sewer prnnping station located adjacent to the Stotre Mill Building also known as .148 Main. St_ Bldg A. Site Observations: 1 reviewed the existing site conditions,including the ejector station located in a shed structure next to the Stone Mill Building, the 4' concrete vault,the new clean-out location installed by Gregory Smith,the location of the sewer manhole at Main and Second St. and the lift station installed in the courtyard of the Sutton Pond Condominium,. 1 also reviewed photographs of these items and original 1909 work order for the installation of the 4" forced sewer main to Maui St. Plan and Document Review-: 1 reviewed site plans prepared by various companies and dates which are listed below; 1. Dwg No_W-20.00.01 - "Site Plan of Osgood Mill in North Audover," Prepared by Beals and Thomas, bac. Dated September 20, 1934 2. Plan 410305 at NERD - "Plan of Land in North Andover, Mass." Prepared by"fhoma_s .E. Neve Associates, Inc. Dated May 24, 1986. 3. C-4 - "Utility.Plan"Prepared by.Anderson-Nichols. revision,(late of June 26, 1987. �' C r •..y-07-1 1_196 a: I =PH FRUH P. .f 4. Plan#12296 at NERD- "Site Plan of the Sutton Pond Condominium 148 Main St. North Andover, Me. Prepared by Christiansen&: Sergi, Dated September 1, 1993. 5. I reviewed the Special Permit for The Osgood Mill Planned Development District(PDD) which was issued by the North Andover Planning and Community Development Department on December 22, 1992. Condition 9C states "The existing pump station adjacent to the office building will be demolished. The Applicant will install an individual grinder-ejector purnp to the lift station at the courtyard location. Conclusion: I. The Stone Mill Building located at 148 Main St.Bldg.A has a sewer line which is not installed as required by the condition of the special permit. The existing Sewer Pump station was demolished and a new pump was installed in a new location adjacent to the Stone Mill Building. However,the pump currently instatled is not a grinder type ejector pump and is not coraiected to the lift station located in the courtyard. 2. The installation of the sewer pump system is connected into the 1909 4" forced main that travels approximately-665 feet and up approximately 38 feet of static head pressure to the sewer manhole located at Second and Main Streets. This sewer system as installed has not been designed properly for the specific conditions of this property. This improper design has caused this system.to fail in the past and according to Mr. Smith,he has recurring problems with the system being clogged aiad failing. 3. It is my opinion that the sewer line currently installed should be properly designed and either be installed in accordance with the requirements of the Special Permit to the lift station in the courtyard, or tht existing route should be studied for alternative designs that are acceptable and reliable for this specific condition. Sincerely, O y JM Associates, Tic. JOHN F. �+ vMcO ,JR. CIVIL No. 31262 �EGtSTE4�� �4Q `ssr pNA` ��G�� John McQuilkin, P.E. cc: Gregory Smith ' _ �� t �'1�` ;� MAP SOUS �' I N � • • i.VV N.T�S ELS�IE M. ` �• -, � �� • , ` DOWD d. R-4 I i �rtukG; o KITT'RIDG N NOTES 1,Z o 4 A ACR N\F RICHARD & SHERR/LL 1 e 2 ES - LENTINI N\F TOWN OF k Q► NO.ANDOVER �000 •�. ! i 2 :° f•�' 05'' APPROX. �..� L ; l LOCATION OF �� d • J SPORTS RIGHT 0�Y / L£ASE LINE COURT . $ $ _ GROUND LEASE EASEMENT (SEE COMPLETE D£SC.) _ __ AREA _ 55315_0 TEMP.CONSTR. � - • ��s\°� EASEMENT i I • `.—,, LEASE b,39400. .1-—�---—— I NOW WALD" 0SG00D a 8 N60'36'22 L� 1 u ` q M Of Puzm SEE NOTES 1,2 = '• �s• PHASE 1 is.�e� • PHASE 1 ti g `S 116. / ��_�w.�+i• .��':� T�:+s i eZ�i ArA Si*M,- — — ~� so► NT PHASE 6SrAIRS N79'05'00'W I A ER 13.20' WO D �► f p0V • ti BRIDGE OVER 1. 1 AN '^ �/ HANG y�/J R N MCC JAOlkS o j Vo •/ � i \ ECR�E N • z J0AN�sTr%0ND ' ,'rte-� re�N �v \ N\F PETER ��, ,v ,���� R� l LEASE LINE sr I (SEE GROUND D£SC. \� A�O �`• ` FOR COMPLETE .-- Lb -- SaT GSD Associates 148 Main Street, Building A, North Andover MA 01845 Me . Tel: 978 688 5422 Fax: 978 688 5717 Web: www.gsd-assoc.com Computer Aided Design • Architecture • Planning • Interiors • Development Consulting July 24, 2002 Mr. Robert Nicetta Building Commissioner RECEIVED 27 Charles Street North Andover, MA 01845 JUL 2 4 2002 Mr. William Hmurciak r— Director of Public Works BUILDING DEPT. 384 Osgood St. North Andover, MA 01845 Ms. Sandra Star Board of Health Director 27 Charles Street North Andover, MA 01845 Dear Building, Health, and Public Works Department Heads, 1. Please be advised that I observed the Sewage Pumps servicing Building 148 Main St, Building A to be in failure and sewage is observed on the surrounding ground area around the pumps. This letter is being written so that this condition can be finally resolved in the manner that it was intended when the Sutton Pond Condominium project,(then Osgood Mill Project)was proposed and request for a Special Permit was requested from the Planning Board. These sewage ejector pumps are located on Sutton Pond Condominium's Property and are owned by them. We have been forced into a situation where it is in our interests to maintain these pumps, however, our efforts are being defeated by the Condominium Associations actions including vandalism of the system and removal of one of the dual pumps. We have a long term ground lease (99 year) for the building and 2'-0" surrounding the building. The demolition and istallation of the pumps were installed after our lease,and are not installed on areas controlled by myself or any company for which we have control or an interest in. This failure of the sewage pumps condition has ocurred on a number of occassions in the past, and the Sutton Pond Condominium has refused to repair and maintain this system, and has in fact damaged the operation of the system by removal of one of the pumps. This failure of the pumps condition continuies to be an ongoing problem due to the inappropriate design of the system as installed, and the failure of the Condoiminium to meet the Conditions of of the Special Permit issued for this project in 1992. 2. A Special Permit dated Nov. 17, 1992,revised Nov.30, 1992 and recorded in the North Essex registry Deeds on Dec. 22, 1992 at Book 3675, Page 220. The Special Permit was Issued to URDAC,Inc.and Sutton Pond Condominium Association is now in possession of this property. A Condition of the Special Permit requires the owner of the complex to demolish the existing pump station adjacent to office building and install a grinder ejector pump to a lift station at the courtyard location. This condition has not been complied with, and continued requests by myself to the Sutton Pond Condominium Association to complete this system as requiredby the Special Permit has not been complied with. 3. We have previously sent this Demand request on December 28, 1999 to Building Department and Demanded enforcement of the condition in Special Permit, however, this has not been acted upon to extent that the issue was resolved. Mr Hmurciak has also previously responded to a letter dated Jan 25, 2000, in a February 29, 2000 letter which references the sewer connection permit#68834. However, this permit did not address 148 Main St, Bldg A (the office building) and the Conditions of the Special Permit, in Paragraph 9c,which regires the office building to be tied into the new lift station in the courtyard. Furthermore, this Sewer Permit references Special Conditions 1 thru 7 of which I believe#4, which references alarm system requirements and testing twice annually on ejector pump systems, this has not been provided on this system,as the alarm is not operational at this time and the system is in failure, and there is no alarm. Furthermore, Condition 7c of the sewer permit requires a cleanout manhole to be installed in the forced main from the courtyard liftstation, this too does not appear to have been complied with. 4. Our review of Town of North Andover records did not indicate that Paragraph 9c condition of the Special Permit was waived or changed as was required by Additional Condition 3 that the permit be modified by the Planning Board. Therefore,we are DEMANDING that this condition be enforced,a proper sewage pumping design completed,the required permits obtained, and the design implimented as required by the Special Permit. Failure of the Condominium to repair and maintain their pumps and their refusal to install the system required by the Special Permit continues to allow for this potentially hazardous situation to occur. The Condominium's continued refusal to take any form of action in this serious matter has promted our appeal to the Town Officials responsible for enforcement of the issues related to the sewer in this area. The Special Permit was Issued to URDAC, Inc of which the Sutton Pond Condominium is the successor to URDAC and is in control of this area. I do not controll the areas ouside of our ground lease and cannot effect this. The Special Permit condition#24 states"The provisions of this conditional approval shall applyto and be binding upon the applicant, its employees and all successors and assigns in interest and control. 5. We look forward to your immediate and timely response to this matter. Sincerely, GSD Associates 0 Gregory P. Smith,AIA Architect cc: Mark Sampson, Rosa Mazzeo, linda VanDeVoorde L J , - 120 MAin Street-018,15 I ,torr /r,�ecCQ 1 I O.vt1 of (508)G82•6453 Ail CN n.1.Nx NORTH ANDOVER WVM0"Of �N�I,NATION PL/LNNING &COMMUNITY DEVELOPMENT _.;I I!J 'December 22, 1992 SIC • 11. Hr. Daniel Long, Town Clerk Town Otfico Building 120 Hain Street 01045' North Andover, Re: Osgood Hill Planned Development District (PDD) Special Permit 1 , Dear Hr. Long: public hearing on The North Andover Planning Board a00 p.m• in the Town Tuesday evening, December 1, 1992, A Office Meeting Room, upon the application public URD ea' Inc.until {{ continued the public hearing I Boston, MA., and subsequently I; 4: All December 15, 1992. The hearing was duly advertised in . the Lawrence Eagle Tribune on November 16 992 notiti d. er The lLollowing !1, parties of interest were properly 1992 meeting: Joseph resent st. the December 1, � ,t . members ware p eT John Simons and Richard Mahoney, George Perna, John Draper, Rowan. • The petitioner seeks a Special Perm it under Section 11- plannpd DeveL4PILrJLC District of the North Andover Zoning Bylaw (the "Zoning Bylaw"] , governed by Section 10.71 ondi�ion Bylaw ; �pt?roval oL Sne�1a1 PerID1i- This section of the Zoning Y „' permits a mixed use in an Industrial-S District by Special Permit. I ce of Decision dated September 7, `.1 As indicated in r Noti 1985, recorded with the Essex North District Registry of Deeds at Book 2111„ Page 167, the Planning Board issued abSpecial Permit and i to allow the conversion of two ex n9 I constructio:1 of five now buildings, into 100 ed ion nthelNestside !� units and nn office/restaurant facilityis of Elm Street and known as the Osgood Hill CS17a21acres situated in an Industrial-S ZoningDistrict possessing of land area. In addition, the premises is located in the Town's ovitalization District (CARD) and designated Commercial Area R Historic District. Construction authorized under Osgood above r. referenced Special permit was discontinued has before arisene whether therHtha ` Complex was ,completed, and a questionapproval for i Special Permit, as well as the associated site plan the oagood Hill Complex, are still in full force and effect. s f I. . I ..,L:w�.,,.,:.1,.:..:Ya.t.•.a.a....,.�.:L..::..::..i.::,.:-=:�1+fn+,i:...�..•..-•.-.:..,..::44+!J..� a . ti h':r NEW 4`.!. B K3 67 5 222 Page 21 Oagood Hill Complex The purpose of the prevent Special Permit applicntinn i" r obtain a now Spacini Permit, as wall an dofinitive mite V. approval, in order to complete the partially conet.ructed C;- Mill Complex. The new dofinitive aite plan is cot forth on plan el,titled "Site Layout(,) Sutton Pond Condominiums(, I 1r(:: 1` I Andover, Mansachurotts"; prepared by Henry Schadler Ansocint- F.C.1 eealrt 1"^4011 dated Novembrr 13, 1992, revived ho c 30., 1992 (the "Plan") . l.iThe following members were present and voting at December 15, 1992, meeting worn the Bo eora Ferns, John Drard rendered t.. decision: Joseph Mahoney, Cgaprr, Simons, and Richard Rowan. 1 7 Upon a motion made by Mr. Mahoney and urcondod by Draper, the Board voted unanimously to close the public hen- 17 and approve the petitioner's Special Permit application and for a Planned Development District (PDD) for the Osgood Complex. ! Attached are those conditions. �j sincerely, 1I { NORTH ANDOVER PLA7!7!IhG I!,— George D. Perna, Chnirr�.' (` ccl Director of Public HorXs I Building Inspector �{ Conservation Administrator ! licalth Sanitarian ' - Anse Gsors Foliee Chief 11 Fire Chief Applicant ! Engineer File 1 I . 1I I`{ 4 � , I ! t". .....�.__._,-_._.. T.sS?^ in iY� � �•.'�^i»�''43"-'• 't 1 •' '• zz3 Osgood Hill Project Special Permit, Planned Development District } The Planning Board herein approves the Special permit requested by UnDAC, Inc., submitted November 13, 1992. The Plafor nning rBoard d makes the following findings regarding this Sp Planned Development. District (PDD) as required by Sections 10.1 and 10.31 of the North Andover Zoning Bylaw. A. The specific site is an appropriate location for such a use, structure or condition; F � B. The use as developed will not adversely affect the a � neighborhood; C. There will be no nuisance or serious hazard to vehicles or 3. pedestrians; , . ;. D, Adequate and appropriate facilities will be provided for the _f proper operation of the proposed use: E• The generalnpurposeard andfinds intenthat the of this se is Bylaw. in harmony with the Bylaw 'j these findi The Planning Board also makesngs under Section 11.4 I �+ of the North Andover Zoning Bylaw that this PDD A. Does not detract from the livability and aesthetic I qualities of the environment. �.. B. Is consistent with the objectives of the Zoning Bylaw. C. Promotes a more efficient use of land while protecting natural resources, such as water resources, wetlands, flood plains, and wildlife. D. Promotes diverse housing at a variety of costs. E. Contains ingress and egress for traffic flan that is designed properly so that there will be no serious hazard to vehicles or pedestrians. V/ F. Contains adequate parking facilities for each use and structure in the development. G. Is designed so that major facilities and functions are visually compatible with the natural and historical 2• characteristics. tt. Will not adversely affect the natural onvironment to the detriment of community character and public health and safety. . Finally, the Planning Board finds that the PDD complies with Town ,14;. t' ..1'.� :•lam �1+..�•--L:l. s'4,i� •'-s.'t���s•� �wa�, r •�. .� tis�Tsr tis h.�. cz.4�.. :z s. x ---'•`t'�.�.s. �'c�,-.�'��.vt�'.:�-Ss,'tiesR `-•.i,+,��.��,,..�v..7�i;.ti`�.�`�'.�*:z.�tidr` �=;;..s`Nc:�.x�.,�"r�,.t. .?� -- ....B $3675 Y1,Y. 1 i�r2`r additional condition Bylav requirements so long na the following are metf required open spaces shall be conveyed to the ' The req refit conservation I Conservation Commission or to or non-pr reprosenting organisation, or to a corporationand shell be protected by a 1 persona responsible for the PDD, iced by C.L. Chapter 40A, tn't. conservation restriction as required s ace• in cluster i 8oction - 91 for common open P provided to : i devolopments.• The conveyance d ri r to the lrecoring of the the Planning Staff for review p j Special Permit. wiDepartment '• � th all North Andover Z, The applicant shall comply ulations. of Public Works Rules and Reg ices changes in 9. Xny action by I' anotlioY Town Board which requinny res or the roadway alignment, placement of or no cut linos, mnY I utilities, drainage Lacilitieo, grading subject this decision to modification by the.Planninq Board. . ht'of waY" as 4• The property owner shall use the "proPbeed rig shown on the Plans titled: Site Layout, Date Issued= Nenry 1992, Prepared By: 1 Revisions: Nov. 30� Farmington, CT 06072 17, 1992• 5 Waterville Rd, Fming I Sc hadlor Assb„Sate„, for ingress and egress to the site. "Plan”) way (hereinafter property, erty, so- The property owner shall continue to use this right o i be modified over the Brlckstothe Sutton street an it may called, in one it is constructed directly connector, way shall be 5, All lighting within the site and the right of Y {.. Plan and shall be consistent as shown on the with existing lighting on site. •5 '. roved by ttie Town Planner aijwmust 6• All now signs shall be app Section 6 of the BY have a sign permit as required by 281 parking The Planning Board approves, at n minimum, 7• uate, for the spaces as shaown on minimal, to be adequ finds this for ��1 number of sp ;Paces will be designated and project as approved. Twenty Th applicant must provide and marked for visitor parking. applicable state ' { handicapped spaces as required by PP h federal rules and regulations. to 310 CHR 22:22 ��• conform proposed .I g; The water Snatallations must s showing ss- regarding cross-connections: Plan_ ch installation oL back flow prevention devices t revievroand sections must be submitted to t be roved by the i` approval. These must be app plumbing .•t V~ ..._.._ .. .. 1 • I '1 �'a'� ,�r+:ux'�ati�r�� sang��,�oi� ,{a r�rx�yx•.sa .. .,,r,�� ..• �y� -, t� ""� tr x._r tvtis:.1•�r�_ .=�:�_,{rb,�sr ,..�a',?. ..,_. .� .....xti - ;, ,....._....:. . .. 777 I 13K367IS 225 g. The applicant shall adhere to the following requirements of ' the Department of Public Works: n. The applicant will connect the now water main on the Osgood Hill•81te to the recently installed water main on the north Andover Hills property. All unmetered a n II site water inning to be uned for domentic purposes to be abandoned. b. The sewage pumping station and Collection system should . be inspected and tested to determine conformity to the appropriate regulations and specifications of the Division of Public Works. A sewer connection permit must be produced from the Division of Water Pollution I Control of the Haganchusetts Department of it Environmental Protection if necessary. ( li C. The existing pump station adjacent to the office 1 , building will be demolished. The applicant will install an individual grinder-ejector pump to the lift station Ii II at the courtyard location. 10. The applicant shall adhere to"the following requirements of the Fire Department: II, e. The Fire Department must be contacted prior to the ! installation of any underground tanks. b. Copies of the completion certificates for asbestos II ,II removal must be forwarded to the Lira department. o. The automatic fire sprinkler systems is required to be finishad. The Fire Department will work with the i existing ally ti built ■ sprinkler to comply r contractor to mvithy applicable ufirsareafety I{ ' codes. ! 1. all the installations must bo inspected and I tested to see if the flows will be adequate. I I 11.. the connection for the sprinkler systems protecting the units and adjacent hallways shall be corrected by the removal of the separate sprinkler shutoff so that there is only one shut off for both the domestic and sprinkler water. iii. the sprinkler contractor shall review the entire sprinkler protection system with the fire chief prior to the start of any work on any existing or new systema. d. The dry fire hydrant is to be maintained by the property owners. It must be tested by the fire . Ir. i • I i ,MM a? 3 s� v tfa ;t..4 .`i ?` %v'ti5ittiTxllt�` i~ . .department and repaired by the property owners. ! s. The automatic sprinkler system used to protect the storage area on the lower floors; must be installed in accordance with applicable• fire safety codes at the direction•of the fire department. ••; f. fire department.. connectionsere required on the standpipe systems. These standpipe■ must be installed in accordance with: the applicable fire safety codes.- The fire odes.- Thefire department will work in conjunction with the standpipe contractor to insure that the proper adaptors (i and threads are installed on these devices. I g. The fire sprinkler system in the stone maintenance C; building must be maintained by the property owner. Any change in use of the building from maintenance to r another uce must be reviewed by the fire department. .r , h. the existing fire alarm box, located on the old mill must be removed. A now fire alarm box and remote ahnunciator shell was installed at the far right corner of the existing old mill. This fire alarm box and remote annunciator shall service all the fire alarm devices in the residential complex. The main fire alarm control panel for the complex shall be located in the stairwell adjacent to the fire alarm box. 1. The-- fire alarm system components that have been r• installed munt be inspocted and tested. j. A fire alarm system must be installed with the following equipments 1. hard-wirod smoke detectors in common areas and hallways tied to the fire alarm control penal end !� zona indicators .:11 11. each unit will have smoke detectors as required but will be only for that unit and not connected to the central panel) ! iii. a double action pull station shall be installed within 6 feet of every exterior door from common areasl i iv. an exterior indicator light shall be placed on the corner of each section of the buildings (/ in total) , . visible from the courtyard to give fire apparatus the location of the problem as described r on the existing plana. j k. A water flow alarm for each sprinkler system shall be installed. These alarms will not activate the master a Ill� �- � ..� S.. yt L t �1 "L .�h L S1 J' 1.`114 i = X'•i L `y ' _b .• '4G .'",H J.>. "'4 t>y,� .}lid' SC i '5... t' - e rtti... .+:�.. .. �-- ----.`-. '•£.,- --"�+r:,.xr�,'.'?S'_�`+l_ _.r'3,�»srv�Ai�:t,�r^-.-; },t_.'n_, ._y_�....��-,s,..a,'�'.._>,. I� K3G7G Z� 7� 227 fire alarm box. The system protecting the storage areas shall have its flow switch connected to the main control panel and the activation of that flow switch will trip the master fire alarm box. d 11. Prior to a certificate of Occupancy being issueds a. Bonds, in thQ form of a Passbook or Tri-Party Agreement in an amount to be determined by the Planning I; Department, shall be posted to ensure construction and/or completion of the right of Way across the Brickstone Property as shown on the record plans. .I b. The applicant- Is to provide a final as-built when construction is completed to be approved by the Department of Public Works and the Town Planner. 12. Prior to a Certificate of Occupancy being issued for the last of the five (5) new buildings, the property owner must construct one additional elevator as shown on the building plans. 17. The applicant must comply with all Massachusetts State I ' building codes and obtain all permits and approvals as required from the Building Department. I 14. There shall be no burying or dumping of construction �I material on the site. 15. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 'I 16. Gas, telephone, Cable and Electric Utilities shall be Installed as specified by the respective utility companies. 17. Any plants, trees or shrubs that have been incorporated into the landscape plan approved in this decision that die within I((II one year from the time of planting shall be replaced by the applicant. 18. Any demolition of structures and clearing of material shall be as shown on the Plan. 19. The Main Street access to the property shall be a one way only ingress. The access to the property from High Street shall be both an egress and ingress across the right of way as described on the Plan and as referenced in Condition i 4. 20. The one-way access from Main Street to the property in to be maintained by the owner. . 21. An yy change in use of the stone maintenance building from maintenance to another use is subject to the review of the Planning Board. Y. i l • I • I ..Tf'.^^:T`JCaTT!'m•srtt'��n. r.--.-...t....�;•,�-...++.rl•--f+t.• 1• .. .._ .. n....$ .. -$S�6 7.5. t: )lil {';l �• '228 ' � + 22, The construction of the- interior of the building shall be 1 under the supervision of the Building Inspector. 23. All construction "hall commence within two (2) yearn from the date of thin approval andaTtall bplcompletionwithin toibe t (5) years from tho- dato of this approval. December 22, 1997. approval shall apply to 24. The provisions of this a p licant, s employees and all K, and be binding upon the app ft successors and assigns in interest or control. i 25. The following plans shall be considered as part of this decision: IIoa ood Hill North Andover, HA plane Entitled% Anderson-Ttichols, Boston, HA prepared byt 1/8" Scale* April 6, 1987 ii Dated: t Sheets C1-C8 - Civil I: Sheets Dl-D10 - Demolotion Sheets AO-A23 - Architectural Sheets S1-S9 - Structural Sheets pl-p6 - plumbing Sheets H1-M7 - Mechanical Dated: 3/17/87 Revised: 4/1/87 Sheets E1-E12 - Electrical Plans osgood Hill, North Andover, HA 5: p plans Entitled: matarazzo Design 1f prepared by: 9 hills Avenue !1 Concord, 11.11. 07101 scales l" - JO' Dated: August 1, 1987 Sheets: 1 - 5 11ovembor 11, 1907 g�l Datodt l - 2 tlt Shentst �{ Revised by the following plans: I�I plans Entitled: site Layout SuttonCondominiums North Andovar, MA Pro pared by: Henry Schadler Associates, P.C. s Waterville Road Farmington, CT 06032 Dated: November 17, 1992, t ! � Revised: November 90, 1992 I A. i . !V - .. ~.. ..: r' • :.i%V1uLii i.:ou.'1l.ii.a>..7:.�iiJ.V.5.an1.1:+;r:.'.n:.L21y��- .�_..1:.':a•:.l:. f*��i S✓�L'-�e ay ,e a' i�.s. ..A r, i„zt �Y xx k }�„t:r '.t'4 ......tit ac Ss1 S. �..,.:°�...:........ ..... ,...,..,...�...r '. .. • •�� l B KS 6 7 5. 229 j1" .. • scale: for As-Built site Development Plan Prepared for RECOLL Management Corporation ` S. scale: 1" 501 Dated: August 1992 Plans Entitled: planting plan Sutton Pond condominiums North Andover, MA � i Prepared by: Henry Schadlor 1. 1992 Dated: November 13, 1992 Revised: November 30, ♦0' scale: 1" cct Director of Public Works Building Inspector Conservation Administrator Health Agent I1 Assessors Police Chief Fire Chief Applicant Engineer File OSCOOD.D I i i r i \ .•t tT.i iL•4T X1 J!+ ice..- \S,r 1. '{•"7. x ..L i' -'C' - - .. - _ -si�::_.....X. >r�"4: ..:r.� ....J. .?'1;.::k:1...: X s z. _,a4,:.j,•. .:?' «_ .; ... .r � w a TONVN OF NOIt'1'11 ANDOVER • DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 J. William 11nnn•ciok ,M°"'N 'fele hone 978 685-0950 l)irec.hu o Fax(978)688-9573 h 1 February 29, 2000 John A. Daly, Esquire 89 Main Street No. Andover, Ma. 01845 RE: Sutton Pond Condominium Complex Dear Mr. Daly: We have researched available information at the Division of Public Works in response to your letter of January 25, 2000 regarding special permit issues of the Sutton Pond Condominium Complex. We could not find any specific records for the inspection and testing of the sewer pumping station which now services your clients building.' Since we maintained the pumping station when the Town of North Andover leased the building we are aware that the old pumping station at the Osgood Mill was modified to service only the office building. I lowever, the new pumps are connected to the existing force main which discharges to the sewer in Main Street. A sewer system extension permit from the Department of Environmental Protection was obtained for the project; a copy of which is enclosed. If you have any questions or require any additional information, please advise. 4trours, urci I .E. Director of Public Works J WI-I/njb " •HwC` 'sS:*uc^'s" "r'"`4waz ' Secs "1rr . .. 1 i `L`Y\ t e r �,. yes r r,:lss� 5 . } ..., 5..� :x'� a rttz � s ti tiYz �T commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection ' Metro Boston/Nodheast Regional Office William F. Weld Goyem. Denlel S.Greenbaum co`r misstcww March 10, 1993 Ernest Gralia, III RE: NORTH ANDOVER - HRP WP14 Elm Services, Inc. Sewer System Connection/ 200 North Main Street Extension Permit No. 68834 Sutton Pond/osgood.Mill East Longmeadow, MA 01028 Dear Mr. Gralia: In response to your application for a sewer connection/ extension permit to discharge into the sewer system located at and Sutton Pond off Elm Street in North Andover, Massachusetts, after due public notice, I hereby issue the attached final permit. No comments objecting to the issuance or terms of the permit were received by the Department during the public comment period. Therefore, in accordance with .314 CMR 2.08, the permit becomes effective upon issuance. This Permit is an action of the Department. If you are aggrieved by this action, you may request an adjudicatory hearing. A Notice of claim for an Adjudicatory 30He da ns f the datemust be de in this writing and postmarked within thirty ( y the Notice of permit was issued. Pursuant to 310 CMR 1.01(6) , Claim shall state clearlythe concilief sought a facts which are grounds for the proceeding and The Notice of claim, along wthe amount of one ha valid undred dollars ayable to the Commonwealth of Massachusetts in ($100. 00) , must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The Notice will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described in 310 CMR 4 .00. 10 commerce Way 9 Woburn,Massachusetts 01801 r. FAX(617)935-6393• 9 Telephone(617)935-2160 North Andover Sutton Pond, cont'd. Page 2 If you have any questions regarding this matter, please contact Alice M. Durek at (617) 9-35-2160. Very truly urs, gSabLinM. Lord Jr. , Regional Engineer for Resource Protection SML/AMD/ad cc: -Kevin. Mahoney/NERO -TOWN OF NORTH ANDOVER/DPW, 384 N: DIRECTOROD STREET, NORTH ANDOVER MA o1845 ATTNDIRECTOR -Thomas E. Neve Assoc. , Inc. , 447 Boston Street, Topsfield, MA 01983 Attn: Thomas E. Neve, P.E. s6883.4 .per i • _ S.itx���' "'ti""4' S 4y S iCZ" �� il' ,.',:it���+4 't `'�,JY�4„5gyyy ���� 1�1�z� tYG 314 CMR: Division of Water Pollution Control One Winter Street Boston, MA 02108 7 . 20: PERMIT 140:-619-31k— "PLICATION O: 9APPLICATION FOR .PERMIT TOWN: 1404TH-Atallo &R FOR For issuing off ce SEWER SYSTEM EXTENSION OR CONNECTION use only: INSTRUCTIONS Theapplication should be signed by the appropriate municipal official, and submitted in triplicate, with the original and one copy to the Division's . Boston Office and one copy to the The signature of the design engineer appropriate regional office. ed only if accompanied by a letter of or. other -agent will be accept authorization. If connection is to be made to the MDC sewerage system, indicate "MDC" in item 11. If the project includes sewers, pumping stations, force mains, or syphons, construction plans must be submitted with the application. If additional space• is required to properly answer any questions, please attach additional sheets and refer to ,the attachments in the space provided. (1) Name and Address of Applicant: Elm Mill Realty Triis 200 North Main Street, E. Long., MA (413) 525-4585 Telephone ystem Owner: (2) flame of Sewer S ' Town of North Andover (North Essex (Munk pality or Sewer District)0` Dept. of Public Works (Department) 384 Osgood St., North Andover, MA 0 (J) Type of Project: Residential Sewer Connectors- Minoi (Sewer Extens on or Sewer Connection) (4) Number of Residences to be 188 Residential Units served: 110 - 1 BR Units 110 78 - 2 BR Units 156 (5) Number of Bedrooms: ^ 6 T w Property: Formerly Osgood Mill Condominiums- 166 Elm Street North Andover, Massachusetts ff fir' ._ ..__. • 1 314 CMR: DIVISION OF '•WATER 'POLLUTION CONTROL (6) Other establishments to. be served: (a) None n Flow Name Address Type of . Establishment Des g (b) ------------- (c) (d) (7) Design Flow-Gallons Per Day: Sewage 266 BRS @ 110 GPD = 29,260 Industrial Wastes None Total 29,260 al./day (8) Location, Length, Siie and Capacity of Sewers to be Connected to the existing system: (Attach. sketch) (a) See attached Name of Street Length of Sewer Size of Sewer Flow Full Capacity (b) (c) (d) (9) Location, Size and Capacity of Pumping Stations to be Connected to the existing system: (a) See attached Pump Stat on Locat on Number of Pumps Pump Size Pump Capacity (b) RM Si'�t M A'• 3. v 8. The 188 unit residential development was constructed in 1987-1988, and Is currently connected to the, Town of North Andover's public ' sewer system. The residential. development is comprised of a combination of renovated existing mill buildings and new construction. As part of the construction. some new'sewer systems wereprovided on the subJect property and some existing -onsite systems were upgraded. Substantially all underground-work ,has been Installed and connected. The aforesaid systems tle into an existing line and sewer manhole which connects to the Town of North Andover's main gravity system. See attached Plans C-1, C-4. C-8 and Neve Associates "As—Built". 9. There Is a I1ft station Incorporated with the new sewer system for the new construction portion of the development as described in Item #8 above. however. as indicated. all wastewater discharge from the development connects onsite to an existing 10" sewer line whlcli Is connected to the Town of North Andover's gravity system. v ' c �ii. sx zr'3irr u Y 7 1i r 1 � �at �5xu ti� 'tisL 314 CMR: DIVISION OF WATER POLLUTION CONTROL (10) General Description of, Sewers and Pump Stations within the existing sewer system which will transport the flow from the proposed sewer extension of connection to the receiving Wastewater Treatment Facility: . The sewer connection drains into an existing sewer manhole located -on- the subject property, which connects to an existing gravity sewer main: Such sewer main runs parallel to the now unused Bostbn and Maine Railroad within a 20' wide sewer easement. (11) Receiving Wastewater TreatmentGreat ]Facility: Sanitary District �orzh ssek Sewcr District - Lawrtnrt Name: Average Daily Flow: 37 M; 7 > ion Gallons Per Day 5 Million Gallons Per Day Design Flow: — (12) Does the discharge contain any inddstrial waste? Yes No X If yes, list any pollutants which you know or have reason to every believe are discharged or may be discharged. F roximate pollutant you list, please indicate its app concentration in the discharge and any analytical data in your possession which will support your statement. artAdoftithis wastewater analysis may be required as p application. (13) Does the discharge contain any Industrial wastrm containing substances . or materials which could wastewater treatment process, or equipment; have an adverse effect on the receiving- water, or could otherwise endanger life, limb, public property, or constitute a nuisance? No X Yes (14 ) Do the wastewaters receive any pretreatment prior to discharge? ' X Yes No -. ..... �vhxz�e-ca-=, eye '' cy r -5^r' �•izd � 5 { t �ti .� 314 MR: DIVISION OF WATER POLLUTION CONTROL (15) List, in descending order of significance, the four (4) digit standard industrial classification (SIC) Codes which best oducindescribe tproductsifor services providedthe . Alsorge , specifyterms f each principes]. p . classification in words. gI_ C CODE APECIFY A. H, Not .Applicable C. D. (16) Is the Proposed Discharge Consistent with Existing Sewer Use Regulations: YES: X NO: (17) Is there a site of historic or theh Massachusettsical ifHistorical icance, as Commission, 950 CMR 71.00, defined in regulations °which is in the area affected by the proposed extension or connection? X YES: NO: (18) Does this project require a filing under 301 CMR 11.00, the Massachusetts Environmental Policy Act? X YES: NO: If yes, Has a Filing been Madel YES: NO: (19) Name and Address of Massachusetts Registered Professional Engineer Designing the Proposed System: Anderson-Nichols b Company, Inc. E Name 31St. James Avenue Address Boston MA 02116 city State Zip (611) 695-3312 Telephone Mass. P.E. Number tihtx,"�t , ' as T ... __.. _.,,"...�...Y.-. -y --"i -- --z't.._.u: t rr kS: _r.t..��. l 't� r •4ys.,. r 4 t 314 CMR: DIVISION OF WATER POLLUTION CONTROL (20) Certification ' "I certify under penalty 'of law that this document: and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly • gather and evaluate the information submitted. Based on my inquiry of -the person or persons who manage the system, or 'those persons dir'eetly responsible for gathering the information, the information submitted is, to the best of myknowledge and belief, ,, trye accurate, ' and complete. I am aware that there are significant panaltien for submitting false information, including thh possibility of fine and imprisonment of -knowing violations.. (I .will be responsible for publication of public notice of the applicable permit proceedings identified.under 314 CMR x.06(1) (a) through (d) • ) Ernes . Gra lia, III P nt� N of � pli ant MTitle 12/28/91 signature Applicant Date Signed Ernest A. Gralia III (413) 525-4585 Elm 11 11 Rea 1 tv frust Name of Preparer Title Phone No. 21) General conditions a All discharge authorized herein shall be consistent. with the ( ) terms and conditions of this permit and the approved plans and specifications. The discharge of any wastewater at a level in , excess of that identified and authorized by this permit shall constitute a violation of the terms and conditions of this permit. - Such a violation may result in the imposition of civil and/or criminal penalties. as provided for in Section 42 of the State Act. (b) After notice and opportunity for a hearing, this permit may be modified, suspended, or revoked in whole or in part .during its term for cause including, but not limited to, the. following: 1. Violation of any terms or conditions of the permit; 2 . obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; and 3 . •A change -in conditions or the existence of a condition which requires either a temporary' or-" permanent reduction or elimination of the authorized discharge. c fiaa r o nvawe k u %Sq " tii i :z �r t�s;. ' at .tiiSy" yi j '.�r4yy.rY� ear 314 CMR: DIVISION OF WATER POLLUTION CONTROL (c) in the event of any change in control, or ownership of facilities from which the authorized discharges originate, the permittee shall notify the succeeding owner or operator.,of. the existence of this permit by letter, a copy of which shall be forwarded to the. Director. Succeeding owners or. operators shall be bound by all the conditions of this permit,. unless and until a new or modified permit Jr.. obtained. (d) The issuance of this permit does not convey any property rights in either real or personal property, ;-or any exclusive privileges; nor does it authorize or relieve the permittee of any liability for any injury to ' Private property or any invasion of personal rights; nor any infringement of Federal, State, or local obt obtaining any regulations; 1 assent required tbyaive tht law for necessity . the discharge authorized herein. (e) The provisions- of this permit are severable, and the invalidity of any condition or subdivision thereof shall not make void any other condition or subdivision thereof. (f) All information and data provided by an applicant or a permittee identifying the nature and frequency of a discharge shall be available to the public without restriction. All other information (other than of f luenL data) which may be submitted by an applicant in connection .with a permit application shall also be . available to the public unless the applicant or permittee is able to • demonstrate -that the disclosure of such information or particular part thereof to the general public would divulge methods or processes entitled to protection as trade secrets in accordance with the provisions of M.G.L. c.21, x.27 (7) . . Where the applicant or permittee is able to so demonstrate, the Director shall treat the information or the particular part (other than effluent data) as confidential and not release it to any unauthorized person. Such information may be divulged to other officers, employees, or authorized representatives of the Commonwealth or the United States Government concerned with the protection of public water or water supplies. (g) f rerm is 1. Any sewer system extension asewersystem retpermit authorizing an industrial discharge isonlyvalidfor the person to whom it is issued, unless transferred pursuant to 314 CMR 7.13 . Such permits shall be automatically transferred to a new permittee if: 314 CMR: DIVISION OF WATER POLLUTION CONTROL A. The current permittee notifies the Director at least 30 days in advance of the proposed transfer date; and B. The notice includes a written 'agreement ' betwien the existing and new permittee containing a specific date for transfer of permit "responsibility, coverage, and liability between them. 2 . Any sewer system extension or connection permit not subject to 314 CMR 7. 13 (1) automatically transfers:.to a subsequent owner, operator, or occupant. (22) Special conditions 5EE /}7T��N�� SPcC1 A L CONN IT101!5 / T1/90af4 7- APPRO L RE ENDED: Sigature nd Titleo Appropriate Municipal official (Phone) n (FOR ISSUING OFFICE USE ONLY) MAR 10 1.993 DATE ISSUED DIRECTOR DIVISION OF WATER POLLUTION CONTROL MAR 10 1993 . EFFECTIVE DATE OF PERMIT ON, {� r�y � (22) SPECIAL CONDITIONS Permit No. 93034 1. This permit authorizes discharge of up to 2 .260- gallons per day from the project specified. within the permit. 2. Since the project has been substantially completed without the preparation of usual as-built. plans' denoting underground work for the project, the permit review was based on the plans that were prepared by the original architectural/engineering firm and subsequently revised by the applicant's Massachusetts . registered professional engineer after construction was completed. Exact profiles and water/sewer lino separations are not ,shown but inverts of sewer manholes were measured and sheets noted ont he plans.asfollows; plans consisted of four (4) and are Title: Drawings C-1, C-4, C-8 and As-Built Site Development Plan Location: Sutton Pond (a.k.a. Osgood Mill) Municipality: North Andover, Massachusetts Applicant: Elm Mill Realty Trust , Engineer: Thomas E. Neve Associates Date (Last Revision) : C-1: 04/06/87 C-4: 04/06/87 (06/26/87) C-8: 04/06/87 (06/26/87) As-Built: 08/09/92 Any deviation from the approved plans shall require review and approval from the Department. 3 . Any future connection that will: a. discharge 15,000 gallons or more per day; or b. include a pump station except those serving one or more single family dwellings on a single lot; or ' C. include any industrial waste shall be subject to a new b and s CMR 7e 00 andc310 eCMRo4.00 it sewer application as requ Y 4 . All pumping, ejector or lift stations shall be provided with an adequate and operational alarm system that will transmit a warning of al alarm malfunction s stems shall facility tested be manned least facility. operational Y annually. 5. Small pumping ejector of lift stations which are not located adjacent to drinking water supplies, storage equal to the maximum amount of wastewater (including Infiltration and Inflow) which can be expected may be provided, or a portable standby generator may be used or a portable engine-driven pump may be supplied which can be readily connected to the force main. Electric generators and engine driven pumps shall be tested at least twice annually. . _..___.-•_'•__._...._._„j. *"ws:.3��:�:�--i_ �� �i. a's .y tti r� '� r�z z .att zs•i4';=.rr�:t`.a ti - - ' s- - (22) SPECIAL CONDITIONS, cont'd Permit No.' 68834 6. Manholes shall be o floodi ng e for and for any anticipated'd' loadings. htness if located in areas subject t 9 , 7. After construction is complete and prior to actual use of the sewers, the applicant shall .do the following: A. submit a copy of the as-built plans including plan and profile views to the Department for the..three story cffice onnects nito the lding exists gelift stector ation aind force main c in the courtyard location; B. Hire a Massachusetts registered professional engineer to conduct a dye test of all theeDepartmentons thatnall�lines nfix in writing with a copy are connected to the sewer system as shown; C. Install a clean out manhole in tm in f rom and the courtyard lift station at an appropriate submit a copy of the as-built plans including this new detail. D. Submit documentation of ownership, an escrow account- set- aside for equipment replacement and operation .:and maintenance costs, a copy of an executed contract with a contract operations firm for the . operation and, maintenance of the sewer system infrastructure and pumping station associated with - the the Department.'connectionwer project for the review and approval i� �r From: Bob Nicetta To: Tom Urbelis Date: July 29, 2002 Re: GSD Associates 148 Main Street—Bldg"A" North Andover Tom, enclosed please find the compliant of GSD Associates who are located in the former Town Hall Annex, on the Sutton Pond Condominium property. I am sure that the correspondence will indicate the problem involved. I would like to refer the complainant to the ZBA pursuant to Section 10.4 of the Zoning Bylaw. Your advice is appreciated. Bob Town of North Andover tkORTH Office of the Building Department `teO °��° 10 Community Development and Services Division ; 27 Charles Street • � North Andover,Massachusetts 01845s F��x S^CRUS D. Robert Nicetta Telephone (978) 688-9545 Building Commissioner Fax (978) 688-9542 DATE: Grec S M777 l4S 7►ti r�t.N tR---T— ►3�rJ(� ti�c' 1.�ort�t'tl v4-�1�81�►-'7c wtl�f ©iB�S To Whom It May Concern: We are in receipt of your complaint dated_ ZX!, ,, a4 and have commenced an investigation of same. Please be advised that,we will inform you of our findings as soon as we complete our Investigation. Thank you, Yours truly, D. Robert Nicetta, Building Commissioner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTF1 688-9540 PLANNING 688-9535 DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Joseph A.Millimet Retired *Richard G.Asoian June 18, 2002 300 Brickstone Square Paul C.Remus Ninth Floor Andrew D.Dunn P.O.Box 39 *Mark E.Tully David H.Barnes Andover,MA 01810 George R.Moore *Susan V.Duprey Donald E.Gardner VIA CERTIFIED MAIL Tel:978-475-9100 Daniel J.Callaghan *Frederick J.Coolbroth # 7106 45751292 3169 0657 Fax:978-470-0618 *sieveCohen "Aaron A..Gilman RETURN RECEIPT REQUESTED ' Robert C.Dewhirst *Richard E.Mills Manchester,NH Newton H.Kershaw,Jr. Mr. D. Robert Nicetta Concord NH *Karen S.McGinley Steven E.Grill Building Commissioner and North Hampton,NH Ovide M.Lamontagne Thomas Quarles,Jr. Zoning Enforcement Officer Paul L.Salafta Mark T Broth 27 Charles Street *Debra Weiss Ford Peter G.Beeson North Andover, MA 01845 *Nicholas Forgione Eric G.Falkenham *Robert W.Lavoie Charles T.Giacopelli Camille Holton Di Croce Re: 148 Main Street, Building A,North Andover, MA Mark W.Dean *Mark J.Sampson *.Jon B.Sparkman Anu R.Mullikin Dear Mr. Nicetta: Ronald D.Ciotti Diane Murphy Quinlan This firm represents Gregory P. Smith and Linda M. VanDeVoorde, Melinda S.Gehris Alexander J.Walker,Jr. Trustees of the Stone Mill Realty Trust. Mr. Smith and Ms. VanDeVoorde David S.Phillips Cindy Robertson own and operate an architectural firm known as GSD Associates in the Margaret A.O'Brien *Michael Dana Rosen premises at 148 Main Street, Building A (formerly known as the Town Hall *Patrick C.McHugh Annex). *John P.Sherman David P.Eby ScottW.Ellison This is a request for enforcement of the North Andover Zoning Bylaw Bret D.Gifford Jennifer Shea Moeckel and Special Permit-Conditions pursuant to M.G.L. ch. 40A, § 7. Charles R.Powell,111 *Michael E. te r *Kevin G.Collimate This request for enforcement relates to Sutton's obligation to replace *Elaine M'Michaud and maintain sewer pumps on the property as required by Condition No. 9(c) *Daniel E.Will Donna M.Daneke in a Special Permit dated November 17, 1992 and revised November 30, 1992 *Robert J.Hundertmark Eric Kane (Exhibit A). The sewer pumps serve Building A and are located on the Robert E.Dunn,Jr. *Pamela A.Peterson common area property of Sutton, outside of Building A as shown on the plan *Christopher].Poulin "Eileen O'Connor Bernal attached. The sewer pumps have failed repeatedly q and are inadequate to serve *Matthew R.Johnson the needs of Building A. *Patricia M.McGrath Paul R.Kfoury,Jr. *Kenneth J.Rossetti Special Permit Condition No. 9(c) states: "The existing pumping James R.Fox Shana G.R.Fisher station adjacent to the office building will be demolished. The applicant will Michael A.Ricker *Michael J.Kenison install an individual grinder-ejector pump to the lift station at the courtyard •Renelle L.L'Huillier location." Furthermore, Sutton is required to repair, replace, and maintain all Kimberly A.Burke *Robert T.Ford utilities within its common areas. *William R.Bagley Jr. *Pamela Morales *Jameses L.Spaur Sutton has failed to demolish the existing pump station and has failed Todd A.Sullivan Erich Y.Schultz to install new pumps to the lift station which constitute a violation of the y� James F.Merrill Special Permit Conditions and Zoning Bylaw. As a result of Sutton's f 1VEU Jannette L.Mooney Donald Lee Smith replace the pumps, raw sewage has discharged on the ground and around t e Abigail J.Sykas PUMP chambers threatening the health, safety and well-being of Mr. Smith� ri 2 0 2002 William J.Murphy Of Counsel *Admitted in Massachusetts. BUILDING DEPT. {13041\59266\,40024017.1 1 r DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Mr. Nicetta 300 Brickstone Square June 18, 2002 Ninth Floor Page 2 P.O.Box 39 Andover,MA 01810 Ms. VanDeVoorde, their clients and visitors, the residents and visitors of the Tel:978-475.9100Fax:978-470-0618 condominium complex, and the general public. Recently, on or about April 24, 2002, the pumps failed again causing the discharge of sewerage. Certainly, the Planning Board saw the need to replace the pumps and had the foresight to require that the pumps be replaced in their 1992 decision allowing the development of the condominium complex. Their replacement is now long overdue. Further delays by Sutton will jeopardize the public health and safety and the residents of the condominium complex. In addition to violating the special permit requirements, the discharge of raw sewage constitutes (1) a violation of the Wetlands Protection Act due to its proximity within 100' of a wetland resource area, namely Osgood Pond and its tributaries and (2) a violation of the Board of Health Regulations relating to the proper discharge and handling of sewerage waste. Request is hereby made that you order the replacement of the sewer pumps as required by the Special Permit. Please respond to this request in writing within fourteen days as required by Mass. Gen. L. Ch. 40A § 7. Thank you for your anticipated cooperation in this regard. Very truly yours, Mark J. Sampson MJS/kad Enclosures cc: Board of Health Conservation Commission Planning Board (13041\59266W0024017.1) z � _ m x D K3675 ,-5g I ac TOWN OF NORTH ANDOVER oMo.-IL'`ly MASSACHUSETTS -,OER f...:.,.° DEC ZZ 42 Any appeal shall be filed , within(20)days after the •�" is �.�•..ir Ti,YYba��Iht��t7iA� . date of filing of this Notice In the Office of the Town - { Cleric. NOTICE OF DECISIONM. 1r:io i "� ". Dee�mber 22: 1992 ia. �— :r Date.... s� 'decem6ez'1;'1992 Deccmber.l5 .1992 c �'�•� o� Date of Hearing ,'YGxf C=ition,A.f 9U AC...; c:....................................... s ected Referring to the above petition for a special permit from the requirements r of the North,/lndover,2onin8 BYlav, Section 11 - Planned Develo went District :. ..... .. ................................P............... ' so as to permit the reissue of a Special Permit in order to complete the r$ '` ':! ,fopstruetion,of•tha,Osgood,ISill Project..•.... . .•..... c After a public hearing given on the above date. the Planning Board voted All; CO\DITIO, ,LLY hto APPROVES .......the . SPECIAL PERMIT............................. :ter based upon the following conditions: cc: Director of Public Works Building Inspector Conservation Administrator Health Agent Signed gT1 � Assessors 4; Polite Chiefgc T Fire Chief Applicant Jasr*h:t+ho:seY.................. ' Engineer File Jahn Slsettt�.................... :Y Interested Parties John Draper..................... X, R�she�rd.�:•• � 4: lanning Bonrd� - A. a�!f jC 4'i F: ;- 221 AM r.NELSON Town of in Sant.01845 DOMW 69-UM NORTH ANDOVER VJMMour e,ior, °AIIe1 w rt�ranNc PLANNING&COMMUMTY DEVELOPMENT December 22, 1992 Mr. Daniel Long, Town Clark Town Office Building 120 Main Street North Andover, HA 01845• Re: Osgood Hill Planned Development 1;'Z District (PDD) Special Permit (:r Dear Mr. Long: The North Andover Planning Board held a public hearing an Tuesday evening, December 1, 1992, at 8:00 p.m. in the Town Office Meeting Room, upon the application of URDAC, Inc. of Boston, MA., and subsequently continued the public hearing until December•.15, 1992. The hearing was duly advertised in the J!, Lawrence Eagle Tribune on November 16 and November 23, 1992. All t parties of interest were properly notified. The following -' members were present at. the December 1, 1992 meeting: Joseph ` Mahoney, George Perna, .John Draper, John Simons and Richard •'" Rowan. The petitioner seeks a Special Permit under Section 11- Planned Development District of the North Andover Zoning Bylaw (the "Zoning Bylaw"), governed by Section 10.31 Conditions for Approval of Special Permit. This section of the Zoning Bylaw � F permits a mixed use in an Industrial-S District by Special Permit. As indicated in a Notice of Decision dated September 3, 1985, recorded with the Essex North District Registry of Deeds at Book 2111„ Page 167, the Planning Board issued a Special Permit to allow the conversion of two exnq buildings, and !t construction of five new buildings, into 188 residential housing units and an office/restaurant facility IV4Kted on the Westside of Elm Street and known as the Osgood Hill Complex. Said lot is situated in an Industrial-S Zoning District possessing 13.2 acres of,land area. In addition, the premises is located in the Town's • designated Commercial Area Revitalization District (CARD) and {; Historic District. Construction authorized under the above referenced Special permit was discontinued before the Osgood Mill Complex was completed, and a question has arisen whether the Special Permit, as well as the associated site plan approval for #! the Osgood Mill Complex, are still in full force and effect. r� - .....8 H387b . 2 Page 2: f •. Osgood !till Complex , The purpose of the present Special Permit application is ;� ,.. obtain a new Special Permit, as well as definitive site p) approval, in order to complete the partially constructed Osgc !till Complex. The naw definitive site plan is sat forth on 1 Plan entitled "Site Layout[,) 'Sutton Pond Condominiums ', No, Andover, Massachusetts"; prepared by Henry Schadler Associate P.C.; scale: 1"-4011 dated November 11, 1992, revised Novenj 30, 1992 (the "Plan"). ' The f011Owicig members were present and voting at i December 15, 1992, meeting when the Board rendered tht decision: Joseph Mahoney, George Perna, John Draper, it Simons, and Richard Rowan. Upon a motion made by Mr. Mahoney and seconded by 1 Draper, the Board voted unanimously to close the public hear: and approve the petitioner's Special Permit application and P: for a Planned Development District (PDD) for the Osgood M: Complex. Attached are those conditions. Sincerely, NORTH ANDOVER PLANNING BOAR: AV- 1OO-U,,,X George D. Pnrna, Chairman _S cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian p Assessors Police Chief Fire Chief Applicant Engineer File is 'I _mss I B93675 223 Osgood Mill Project Special Permit, Planned Development District The Planning Board herein approves the Special Permit requested by URDAC, Inc., submitted November 13, 1992. The Planning Board makes the following findings regarding this Special Permit for a ' Planned Development District (PDD) as required by Sections 10.3 and 10.31 of the North Andover Zoning Bylaw. A. The specific site is an appropriate location for such a use, structure or condition; � ;• B. The use as developed will not adversely affect the neighborhood; C. There will be no nuisance or serious hazard to vehicles or i pedestrians; Y . � D. Adequate and appropriate facilities will be provided for the »' proper operation of the proposed use; l E. The Planning Board finds that the use is in harmony with the ! general purpose and intent of this Bylaw. zy The Planning Board also makes these findings under Section 11.4 of the North Andover Zoning Bylaw that this PDD A. Does not detract from the livability and aesthetic qualities of the environment. B. Is consistent-with the objectives of the Zoning Bylaw. C. Promotes a more efficient use of land while protecting natural resources, such as water resources, wetlands, :•� flood plains, and wildlife. CD. Promotes diverse housing at a variety of costs. E. Contains ingress and egress for traffic flow that is designed properly so that there will be no serious hazard to vehicles or pedestrians. V/F. Contains adequate parking facilities for each use and structure in the development. G. Is designed so that major facilities and functions are visually compatible with the natural and historical characteristics. H. Will not adversely affect the natural environment to the detriment of community character and public health and safety. Finally, the Planning Board finds that the PDD complies with Town t r .ts i 224 Bylaw requirements so long as the following additional condition are not: 1. The required openspaces shall be conveyed to the Conservation Commission or to a non-profit conservation organisation, or to a corporation or trust representing persons responsible for the PDD, and shall be protected by a conservation restriction as required by G.L. Chapter 40A, ! Section 9, for common open space• in cluster developments.. The conveyance documents x111 be provided to the Planning Staff for review prior to the recording of the Special Permit. i Y. 2. The applicant shall comply with all North Andover Department t of Public Works Rules and Regulations. 3. Any action by another Town Board which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may subject this decision to modification by the.Planning Board. 4. The property owner shall use the "proposed right'of way" as t shown on the Plans titled: Site Layout, Date Issued: Nov. C 13, 1992, Revisions: Nov. 30, 1992, Prepared By: Henry .• &' Schadler Associates, 5 Waterville Rd, Farmington, CT 06032 (hereinafter "Plan") for ingress and egress to the site. f' The Property owner shall continue to use this right of way as it may be modified over the Brickstone property, so- called, in the future to access directly the Sutton Street connector, once it is constructed. S. All lighting within the site and the right of way shall be { shown on the Plan and shall be consistent with existing lighting on site. 6. All new signs shall be approved by the Town Planner and must have a sign permit as required by Section 6 of the Bylaw. t p. 4 7. The Planning Board approves, at a minimum, 281 parking ;z spaces as shown 'on the Plan: The Planning Board finds this 3 number of spaces, although minimal, to be adeiquate, for the , project as approved. Twenty spaces will be designated and marked for visitor parking. The applicant must provide for handicapped spaces as required by applicable state and federal rules and regulations. `'.1. `. s: The water installations must conform to 310 CHR 22:22 regarding cross-connections. Plans shoving proposed installation of back flow prevention devices at such cross- sections must be submitted to D.E.P. for review and approva-1. These installations aunt be approved by the plumbing inspector. ;i 'r- -f • 1' ' Y y t � L Bass75 225 ' 9. The applicant shall adhere to the following requirements of the Department of Public Works: a. The applicant will connect the new water main on the tk Osgood Mill site to the recently installed water main on the North Andover Mills property. All unmetered on site water mains to be used for domestic purposes are ril •- to be abandoned. • 11` b. The sewage pumping station and collection system should be inspected and tested to determine conformity to the 1 appropriate regulations and specifications of the , Division of Public Works. A sewer connection permit i must be produced from the Division of Water Pollution Control of the Massachusetts Department of Environmental Protection if necessary. 001, C. Theexisting pump station adjacent to the office building will be demolished. The applicant will install �j to an individual grinder-ejector pump to the lift station :. at the courtyard location. i. L 10. The applicant shall adhere to'the following requirements of ?` �+ the Fire Department: a. The Fire Department must be contacted prior to the i.. installation of any underground tanks. 'q= C b. Copies of the completion certificates for asbestos removal must be forwarded to the fire department. " C. The automatic fire sprinkler systems is required to be > � finished. The Fire Department will work with the sprinkler contractor to modify existing but partially built system to comply with applicable fire safety codes. i L. all the installations must be inspected and tested to see if the flows will be adequate. i r 11. the connection for the sprinkler systems protecting the units and adjacent hallways shall be corrected by the removal of the separate sprinkler shutoff so that there is only one shut off for both the domestic and sprinkler water. the sprinkler contractor shall review the entire sprinkler protection system with the ; fire chief prior to the start of any work on any existing or new systems. l d. The dry fire hydrant is to be maintained by the property owners. It' suet be tested by the fire i ° 1 A t 3675 Ir 26 department and repaired by the Property ownera. a• The automatic sprinkler system used to .Lr storage area on thefloors. Protect the accordance with applicable�mmust 'be nss}alled in direction•of the fire paa�m� safety codes at the f• Fire department-. r`h ions atandpipsystems. are Thee* standpipes must abed on in accordance with. the applicable fire safetyInstalled The fire department will work in conjunction i h th andnthreadsoareaiinnsttalled Onr to rthese tdevicesoper adaptors the eters g• The fire sprinkler system in the stone maintenance building must be maintained by the property owner. Ar p change in use of the building from mainte ance to another use must be reviewed by the lire department. ! . h• the existing fire alarm box, located on the old mill must be removed. A new fire alarm box and remote annunciator shell was installed-at the tar right corner Of the existing old mill. This fire alarm box and remote annunciator shall service all the lire alarm - devices in the residential complex. The main fire alarm control panel for the complex shall be located in the stairwell adjacent to the fire alarm box. 1. The— fire alarm system components that have been installed must be inspected and tested. j. A fire alarm system must be installed with the following equipment: ? :. i• hard-wired smoke detectors in common' areas and hallways tied to the fire alarm central panel and zone indicator; each unit will have smoke detectors as required but: will be only for that unit and not connected to the central panel; iii. a double action pull station shall be installed within 6 feet of every exterior door from common areas; IV. an exterior indicator light shall be placed on the t corner of each section of the buildings (4 in total), visible from the courtyard to give fire apparatus the location of the problem as described on the existing plans. k• A water flow alarm for eachsprinkler-system shall be a installed. These alarms will not activate- the master 2 j B136?b ' 227 fire alarm box. The system protecting the storage areas shall have its flow switch connected to the main control panel and the activation of that flow switch will trip the master fire alarm box. 11. Prior to a Certificate of Occupancy being issued: i a. Bonds, in the form of a Passbook or Tri-Party Agreement in an amount to be determined by the Planning Depaztment, shall be posted to ensure construction and/or completion of the right of way across the Brickstons Property as shown on the record plans. b. The applicant- is to provide a final as-built when 1+ construction is completed to be approved by the Department Of Public Works and the Town Planner. 12• Prior to a Certificate of Occupancy being issued for the last of the five (5) new buildings, the property owner must construct one additional elevator as shown I on the building plans. 13. The applicant must comply with all Massachusetts State building codes and obtain all permits and approvals as required from the Building Department. 14. There shall be no burying or dumping of construction ! material on the site. IS. The contractor shall contact Dig Safe at least 72 hours � 4 prior to commencing any excavation. 16. Gas, telephone, Cable and Electric Utilities shall be installed as specified by the respective utility companies. 17. Any plants, trees or shrubs that have been into ! vi the landscape plan a at diced into one year from the time of planting hall decision replaced by the applicant. 18. Any demolition of structures and clearing of material shall I be as shown on the Plan. r 19. The Main Street access to the property shall be a one way only ingress. The access to the property from High Street shall be both an egress and ingress across the right of way as described on the Plan and as referenced in Condition # 4. 20. The one-way access from Main street to the property is to be maintained by the owner. 21. Any change in use Of the stone maintenance build maintenance to another use is subject to the review ng from the , Planninq Board. ' I _ d i _ 1 J I • i t � $ 3.6 7.5. .• 228 . 22. The construction of the- interior of the building shal under the supervision of thinq Inspector. I be e Build I 23. All construction shall commence within i the date of this a mpO (2) years from row (5) years from the'dates of this approval completed within rtivvee iDecember 22, 1997. The provisions of this conditional approval shall apply to 4 and be..binding upon the applicant, its this all successors and assigns in interest or control. 25. The following plana shall be considered a decision: s part of this t Plana Entitled: Osgood Mill North Andover, MA Prepared by: Anderson-Nichols, Boston, MA ' . Scale: .1/8" - 1'-0" Dated: April 6, 1987 • Sheets C1-Ce - Civil Sheets D1-D1O - Demolotion Sheets AO-A23 - Architectural Sheets S1-S9 - Structural Sheets P1-P6 - Plumbing Sheets M1-M7 - Mechanical Dated: 3/17/87 Revised: 6/1/87 Sheets E1-E12 - Electrical Plans Entitled: The Osgood Mill, North Andover, MA _ Prepared by: Matarazzo Design 9 Hills Avenue Concord, N.H. 03301 Scale: 1. 30' Dated: August 3, 1987 Sheets: 1 - 5 Dated: November 11, 1987 Sheets: 1 - 2 Revised by the following plans: Plans Entitled: Site layout r:A Sutton Condominit:ms Horth Andover, MA Prepared by: Henry Schidler Associates, P.C. •� S Waterville Road Farmington, CT 06032 Dated: November 13, 1992, Revised: November 30, 1992 i i „ r .f.. .. � 1. • `^ • - • - .. w B93675 • .< .. � , . 229 ,? Scale: 1" 40' y As-Built Site Development plan r Prepared for RECOLL Management Corporation 1' Scale: Dated: August 1992 • Plans Entitled: planting Plan • Sutton Pond -Condominiums North Andover, MA X41,1 Prepared by: Henry Schadler Dated: .November 13, 1992 Revised: N�H 30, 1992 +- Scale: 40, . 1 � 40' • is cc: Director of Public Works is Building inspector Conservation Administrator ? Health Agent Assessors ' Police Chief Fire Chief r Applicant Engineer + File ; a: CSCOOD.D I i i r � 1 rt {� ie •i I i t i M 1 : Town of Forth Andover ct NORTH 16e Np Office of the Building Department o� A Community Development and Services Division 27 Charles Street eb North Andover, Massachusetts 01845 ��Ss:,CHU D. Robert Nicetta Telephone(978)688-9545 Building Cvinmissivner• Fax(978)688-9542 DATE: June 24 2002 Re: Devine, Millimet &Branch Building "A" 300 Brickstone Square 148 Main Street PO Box 39, Andover MA 01810 North Andover MA 01845 To Whom It May Concern: We are in receipt of your complaint dated June 18, 2002 and have commenced an investigation of same. Please be advised that we will inform you of our findings as soon as we complete our Investigation. Thank you, Yours truly, D. Robert Nicetta, Building Commissioner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANVTNG 688-9535 DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION•ATTORNEYS AT LAW Joseph A.Millimet Retired *Richard G.Asoian June 1.8, 2002 300 Brickstone Square Paul C.Remus Ninth Floor Andrew D.Dunn P.O.Box 39 'Mark E.Tully David H.Barnes Andover,MA 01810 George R.Moore 'Susan V Duprey Donald E.Gardner VIA CERTIFIED MAIL Tel:978-475.9100 Daniel).Callaghan *Frederick J.Coolbroth # 7106 4575 1292 3169 0657 Fax:978-470.0618 'stem Cohen 'Aaron A.Gilman RETURN RECEIPT REQUESTED Robert C.Dewhirst 'Richard E.Mills Manchester,NH Newton H.Kershaw,)r. Mr. D. Robert Nicetta Concord,NH 'Karen S.McGinley Steen E.Grill Building Commissioner and North Hampton,NH Ovide M.Lamontagne Thomas Quarles,Jr. Zoning Enforcement Officer Paul L.Salafia Mark T.Broth 27 Charles Street 'Debra Weiss Ford North Andover MA 01845 Peter G.Beeson � 'Nicholas Forgione Eric G.Falkenham 'Robert W.Lavoie Charles T Giacopelli amille Holton Di Croce Re: 148 Main Street, Building A,North Andover, MA Mark W.Dean 'Mark J.Sampson ')on B.Sparkman k Anil R.Mullikin Dear Mr. Nicetta: y Ronald D.Ciotti {' Diane Murphy Quinlan This firm represents Gregory P. Smith and Linda M. VanDeVoorde, *Melinda S.Gehris Alexander J.Walker,Jr. Trustees of the Stone Mill Realty Trust. .Mr. Smith and Ms. VanDeVoorde Cindy R bertsopn own and operate an architectural firm known as GSD Associates in the Margaret A.O'Brien 'Michael Dana Rosen premises at 148 Main Street, Building A (formerly known as the Town Hall 'Patrick C.McHugh Annex). *John P.Sherman David P.Eby 6, Scott W.Ellison This is a request for enforcement of the North Andover Zoning Bylaw 1. Bret D.Gifford Jennifer SheaMoeckel and Special Permit Conditions pursuant to M.G.L. ch. 40A, § 7. Charles R.Powell,III •Michael E.Kushnir This request for enforcement.relates to Sutton's obligation to replace •Kevin G.Collimore *Elaine Mpumps on tproperty Michaud and maintain sewer he ro as required b Condition No. 9 e ` Daniel E.Will p p p p y q y ( ) ' Donna M.Daneke in a Special Permit dated November 17, 1992 and revised November 30, 1992 a 'Robert J.Hundertmark ; Eric Kane (Exhibit A). The sewer pumps serve Building A and are located on the Robert E.Dunn,Jr. ` *Pamela A.Peterson common area property of Sutton, outside of Building A as shown on the plan *Christopher J.Poulin Eileen O'Connor Bernal attached. The sewer pumps have failed repeatedly and are inadequate to serve s: *Matthew R.Johnson the needs of Building A. *Patricia M.McGrath Paul R.Kfoury,Jr. *Kenneth J.Rossetti Special Permit Condition No. 9(c) states: "The existing pumping James R.Fox Shana G.R.Fisher station adjacent to the office building will be demolished.' The applicant will Michael A.Ricker *Michael J.Kenison install an individual grinder-ejector pump to the lift station at the courtyard •Renelle L.L'Huillier location." Furthermore, Sutton is required to repair, replace, and maintain all Kimberly A.Burke •Robert T Ford utilities within its common areas. •William R.Bagley Jr. *Pamela Morales 'Jameses L.$paur Sutton has failed to demolish the existing pump station and has failed Todd A.Sullivan Erich Y.Schultz to install new pumps to the lift station which constitute a violation of the James F.Merrill Special Permit Conditions and Zoning Bylaw. As a result of Sutton's y AVED Jannette L.Mooney Donald Lee Smith replace the pumps, raw sewage has discharged on the ground and around t e Abigail J.Sykas pump chambers threatening the health, safety and well-being of Mr. Smith� fi 2 02002 William J.Murphy Of Counsel tJ 'Admitted in Massachusetts. BUILDING DEPT. t. 113041\59266\A0024017.1} E DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION•ATTORNEYS AT LAW Joseph A.Millimet • Retired *Richard G.Asoian June 18, 2002 300 Brickstone Square Paul C.Remus Ninth Floor Andrew D.Dunn Mark E.Tully ZP.O.Box 39 d H.Bames Andover,MA 01810 George R.Moore 'Susan V.Duprey Donald E.Gardner VIA CERTIFIED MAIL Tel:978-475-9100 Daniel].Callaghan *Frederick J.Coolbroth # 7106 45751292 3169 0657 Fax:978-470-0618 'sCohen 'Aaron RETURN RECEIPT REQUESTED A.A.Gilman Robert C.Dewhirst . 'Richard E.Mills Manchester,NH Newton H.Kershaw,Jr. Mr. D. Robert Nicetta Concord,NH 'Karen S.McGinley Steven E.Grill Building Commissioner and North Hampton,NH Ovide M.Lamontagne Thomas Quarles,Jr. Zoning Enforcement Officer Paul L.Salafia Mark T Broth 27 Charles Street *Debra Weiss Ford Peter G.Beeson North Andover, MA 01845 'Nicholas Forgione Eric G.Falkenham *Robert W.Lavoie Charles T.Giacopelli Camille Holton Di Croce Re: 148 Main Street, Building A,North Andover, MA Mark W.Dean *Mark J.Sampson) !Jon B.Sparkman Ants R.Mullikin Dear Mr.Nicetta: Ronald D.Ciotti Diane Murphy Quinlan This firm represents Gregory P. Smith and Linda M. VanDeVoorde, Melinda S.Gehris Alexander J.Walker,Jr. Trustees of the Stone Mill Realty Trust. Mr. Smith and Ms. VanDeVoorde David S.Phillips Cindy Robertson own and operate an architectural firm known as GSD Associates in the rgaret A.O'Brien •Michael Dana Rosen premises at 148 Main Street, Building A (formerly known as the Town Hall *Patrick C.McHugh Annex). *John P.Sherman A David P.Eby Scott W.Ellison This is a request for enforcement of the North Andover Zoning Bylaw Bret D.Gifford Jennifer Shea Moeckel and Special Permit.Conditions pursuant to M.G.L. ch. 40A, § 7. Charles R.Powell,111 *Mich el E. llimorr This request for enforcement relates to Sutton's obligation to replace •Kevin G.Collimore *Elaine Mn:Michaud and maintain sewer pumps on the property as required b Condition No. 9 c *Daniel E.Will p P p P Y q Y ( ) Donna M.Daneke in a Special Permit dated November 17, 1992 and revised November 30, 1992 • Robert J.Hundertmark Eric Kane (Exhibit A). The sewer pumps serve Building A and are located on the Robert E.Dunn,Jr. "Pamela A.Peterson common area property of Sutton, outside of Building A as shown on the plan *Ch*Eileen oPoulin O'Connr attached. The sewer pumps have failed repeatedly and are inadequate to serve *Matthew R.Johnson *Patricia M.McGrath the needs of Building A. Paul R.Kfoury,Jr. *Kenneth).Rossetti Special Permit Condition No. 9(c) states: "The existing pumping James R.F Shana G.R.Fisher station adjacent to the office building will be demolished. The applicant will Michael A.Ricker install an individual grinder-ejector um to the lift station at the courtyard 'Michael J.Kenison g .1 pump "R•Kimlberly A.Burke location." Furthermore, Sutton is required to repair, replace, and maintain all •Robert T.Ford utilities within its common areas. •William R.Bagley Jr. "Pamela N.Morales Sutton has failed to demolish the existing pump station and has failed *.James es L.Spaur , Todd A.Sullivan Erich Y.Schultz to install new pumps to the lift station which constitute a violation of the James F.Merrill Jannette L.Mtx,ney Special Permit Conditions and Zoning Bylaw. As a result of Sutton's failure to Donald Lee Smith replace the pumps, raw sewage has discharged on the ground and around the Abigail J.Sykas pump chambers threatening the health, safety and well-being of Mr. Smith and William J.Murphy Of Counsel 'Admitted in Massachusetts. (1304 W9266W0024017.1) DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION ATTORNEYS AT LAN Mr. hlicetta. 300 Brickstone Square June 18, 2002 Ninth Floor Page 2 P.O.Box 39 Andover,MA 01810 Ms. VanDeVoorde,their clients and visitors,the residents and visitors of the Tel:978-475-9100 condominium complex, and the general public. Recently, on or about April Fax:978-470.0618 24, 2002,the pumps failed again causing the discharge of sewerage. Certainly,the Planning Board saw the need to replace the pumps and had the foresight to require that the pumps be replaced in their 1992 decision allowing the development of the condominium complex. The replacement is now long overdue. Further delays by Sutton will jeopardize the public health and safety and the residents of the condominium complex. In addition to violating the special permit requirements,the discharge , of raw sewage constitutes(1)a violation of the Wetlands Protection Act due to its proximity within 100' of a wetland resource area, namely Osgood Pond and its tributaries and(2) a violation of the Board of Health Regulations relating to the proper discharge and handling of sewerage waste. Request is hereby made that you order the replacement of the sewer pumps as required by the Special Permit. Please respond to this request in writing within fourteen days as required by Mass. Gen. L. Ch. 40A § 7. Thank you for your anticipated cooperation in this regard. Very truly yours, Mark J. Sampson MJS/kad Enclosures cc: Board of Health / Conservation Commission,/ Planning Board ►1304 M92v6\A0024017.11 m x L7 D I B93675 ti =l r' 22o P61ss1�0 80180 i TOWN OF NORTH ANDOVERMASSACHUSETTS .,DYER + DEC ZZ 4 2W. 5 Any appeal shall be filed _ within(20)days after the ••�" '!' date of filing of this Notice '''�w'd aaw�h.a.M e�stas�lsald In the Office of the Townes do Clerk. NOTICE OF DECISIONICON 1aiiGst �� . Dee�mber 22: 1992 �r'h'�': ~' o. •%� Date of Hearing December•15;•1992 '— fti to i��;Y�, 1':y _;.•..ID.� AllU AC Ins YG ' 't.iiion A, 9 .. ....:................................................ , V. ected West nido•of•Llm/Hi¢h Street r Referring to the above petition for a special permit from the.requirements �• -, of the North.Andover tonin•BYlav! Section•I1•�•Planned.Development District• R ! w .. moiI ; �.�. treissue of S ee1a1 Petmit• in to to lets the so as to permit ....he....... ...a..P.... ......order.........P............. •fogperuction,of the.Degood•Mi11.Project:..•.. Z. After a public hearing given on the above date, the Planning Board voted*gal to APFROVES .......the . SPECIAL YERYIS........................................ r yc 1 k' based upon the following conditions: cc: Director of Public storks Building Inspector !` Conservation Administrator Health Agent Signed + Assessors �. Police Chief #ge yu ,• ,••••••• Fire Chief Applicant JavPh.`fahoaey.................. '.t Engineer File Jahta SSmoag .................... :Y Interested Parties JAhm Drapes.................... � R�Gh4Td.�ning'•Bocrd•••....• - - r it ` •� t .-- 221 rf *,SAM fu. Town of 320 mainSaeep.01845 o""• ' NORTH ANDOVER 00 682.6483 CONSEWAnON enapn a nAMM PLANNING&COMMUNITY DEVELOPMENT December 22, 1992 Mr. Daniel Long, Town Clark Town Office Building : 120 Main Street A North Andover, MA 01845' Re: Osgood Mill Planned Development District (PDD) Special Permit 1!•� Dear Mr. Long: The North Andover Planning Board held a public hearing on ; Tuesday evening, December 1, 1992, at 8:00 p.m. in the Town Office Meeting Room, upon the application of URDAC, Inc. of Boston, MA., and subsequently continued the public hearing until December, 15, 1992. The hearing was duly advertised in the y • Lawrence Eagle Tribune on November 16 and November 23, 1992. All f parties of interest were properly notified. The following members were present at.the December 1, 1992 meeting: Joseph Mahoney, George Perna, .John Draper, John Simons and Richard Rouen. `i The petitioner seeks a Special Permit under Section 11- Planned Develonment District of the North Andover Zoning Bylaw (the "Zoning Bylaw"), governed by Section 10.31 Conditions for �� Approval of Special Permit. This section of the Zoning Bylaw � { permits a mixed use in an Industrial-S District by Special Permit. As indicated in C` a. Notice of Decision dated September 3,1985, recorded with the Essex North District Registry of Deeds at Book 2111„ Page 167, the Planning Board issued a Special Permit to allow the conversion of two ex ng buildings, and !( construction of five new buildings, into 188 residential housing units and an office/restaurant facility Iveefted on the Westside of Elm Street and known as the Osgood Mill Complex. Said lot is situated in an Industrial-S Zoning District possessing 13.2 acres of.land area. In addition, the premises is located in the Town's • designated Commercial Area Revitalization District (CARD) and C. Historic District. Construction authorized under the above "'KI referenced Special permit was discontinued before the Osgood Mill ". ! Complex was completed, and a question has arisen whether the Special Permit, as well as the associated site plan approval for #S the Osgood Mill Complex, are still in lull force and effect. r ' t •ti _ .._..BH367b .222 Page 2t Osgood Mill Complex , The purpose of the present Special Permit application is obtain a nev Special Permit, as voll as definitive site p) approval, in order to complete the partially constructed Osgc Mill Complex. The new definitive site plan is set forth on t plan entitled "Site Layout(,) 'Sutton Pond Condominiums •, Andover, Massachusetts"; prepared by Henry Schadler Associate P.C.; scale: 1"-4011 dated November 13, 1992, revised NoveW 30, 1992 (the "Plan"). The folloviag members were present and voting at i December 15, 1992, meeting vhen the Board rendered the decision: Joseph Mahoney, George Perna, John Draper, J, Simons, and Richard Roven. Upon a motion made by Mr. Mahoney and seconded by 1 Draper, the Board voted unanimously to close the public hear: and approve the petitioner's Special Permit application and P: for a Planned Development District (PDD) for the Osgood M: Complex. Attached are those conditions. Sincerely, t; NORTH ANDOVER PLANNING BOAR A1„�,t�cic. George D. Perna, Chairman -� cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian P Assessors Police Chief Fire Chief Applicant Engineer File i B93675 _ 223 Osgood Mill Project Special Permit, Planned Development District The Planning Board herein approves the Special Permit requested by VRDAC, Inc., submitted November 13, 1992. The Planning Board makes the following findings regarding this Special Permit for a Planned Development District (PDD) as required by Sections 10.3 and 10.31 of the North Andover Zoning Bylaw. F k A. The specific site is an appropriate location for such a use, structure or conditions B. The use as developed will not adversely affect the neighborhood; i C. There will be no nuisance or serious hazard to vehicles or pedestrians; y D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; - E. The Planning Board finds that the use is in harmony with the 1 general purpose and intent of this Bylaw. .tee The Planning Board also makes these findings under Section 11.4 of the North Andover Zoning Bylaw that this PDD ±• A. Does not detract from the livability and aesthetic qualities of the environment. B. Is consistent-with the objectives of the Zoning Bylaw. C. Promotes a more efficient use of land while protecting natural resources, such as water resources, wetlands, flood plains, and wildlife. D. Promotes diverse housing at a variety of costs. E. Contains ingress and egress for traffic flow that is designed properly so that there will be no serious hazard to vehicles or pedestrians. F. Contains adequate parking facilities for each use and structure in the development. G. Is designed so that major facilities and functions are visually compatible with the natural and historical characteristics. R. Will not adversely affect the natural environment to the detriment of community character and public health and safety. Finally, the Planning Board finds that the PDD complies with Town 4% .0 ji. .+. ..w... ....Z_ !: 224 " Bylaw requirements so long as the following additional condition are met: _ 1. The required openspaces shall be conveyed to the Conservation Commission or to a non-profit conservation organisation, or to a corporation or trust representing ��. persons responsible for the PDD, and shall be protected by a ?= ! conservation restriction as required by C.L. Chapter 40A, Section 9, for common open space• in cluster developments.. The conveyance documents will be provided to the Planning Staff for review prior to the recording of the Special Permit. 2. The applicant shall comply with all North Andover Department ! tt of Public Works Rules and Regulations. 3. Any action by another Town Board which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may subject this decision to modification by the•Planning Board. 4. The property owner shall -use the "proposed right*of way" as F shown on the Plans titled: Site Layout, Date Issued: Nov. 13, 1992, Revisions: Nov. 30, 1992, Prepared By: Henry r• b Schadler Associates, 5 Waterville Rd, Farmington, CT 06032 (hereinafter "Plan") for ingress and egress to the site. f The Property owner shall continue to use this right of way as it may be modified over the Brickstone property, so- called, in the future to access directly the Sutton Street connector, once it is constructed. 5. All lighting within the site and the right of way shall be as shown on the Plan and shall be consistent with existing lighting on site. i 6. All new signs shall be approved by the Town Planner and must ); . have a sign permit as required by Section 6 of the Bylaw. j �. 7. The Planning Board approves, at a minimum, 281 parking spaces as shown 'on the Plan: The Planning Board finds this number of spaces, although minimal, to be adeipate, for the , j ' project as approved. Twenty spaces will be designated and marked for visitor parking. The applicant must provide for ' handicapped spaces as required by applicable state and + federal rules and regulations. 8; The water installations must conform to 310 CMR 22:22 regarding cross-connections. Plans shoving proposed F installation of back flow prevention devices at such cross- �! sections must be submitted to D.E.P. for review and approval. These installations must be approved by the plumbing inspector. •• tip A.. `�. ' 1- ' t :U • T t � ZY • - tea•,-r;�a�r� -_ _ ' B93675 9. The applicant shall adhere to the following requirements of the Department of Public Works: a. The applicant will connect the new water main on the Osgood Mill •site to the recently installed water main on the North Andover Mills property. All unmetered on site water mains to be used for domestic purposes are � I �. to be abandoned. b. The sewage pumping station and collection system should be inspected and tested to determine conformity to the appropriate regulations and specifications of the Division of Public Works. A sewer connection permit j must be produced from the Division of Water Pollution Control of the Massachusetts Department of I,I' Environmental Protection if necessary. 001, �i C. The existing pump station adjacent to the office ;E�r building will be demolished. The applicant will install an individual grinder-ejector pump to the lift station at the courtyard location. 10. The applicant shall adhere to'the following requirements of the Fire Department: a. The Fire Department must be contacted prior to the installation of any underground tanks. U: r.:s. b. Copies of the completion certificates for asbestos removal must be forwarded to the fire department. C. The automatic fire sprinkler systems is required to be Ij ,. finished. The Fire Department will work with the sprinkler contractor to modify existing but partially built system to comply with applicable fire safety codas. i. all the installations must be inspected and tested to see if the flows will be adequate. i 11. the connection for the sprinkler systems ' protecting the units and adjacent hallways shall be corrected by the removal of the separate sprinkler shutoff so that there is only one shut off for both the domestic and sprinkler water. the sprinkler contractor shall review the entire sprinkler protection system with the fire chief prior to the start of any work on any existing or new systems. d. The dry fire hydrant is to be maintained by the property owners. It' must be tested by the fireMi i • 1 .913675 . •226 department and . •: , repaired by the property owners. e• The automatic sprinkler sj►staa used to �r storage area on the lower floors. must be .Protect the accordance with applicable• lira safet iDstalled in direction•of the lire department• y codes at the t• Fire department.. connections . are required on pipes must be in accordance with. the applicable lire satet installed systems. These stand The fire department will work in conjunction with des.- andnthreadsoareainstalled onto rth setdevices. Oda the - eters g• The lire sprinkler system in the stone maintenance building must be maintained by the pro art change in use of the building from P maintenanceo to another use must be reviewed by the fire department. r. h. the existing fire alarm box, located on the old mill must be removed. A new fire alarm box and remote annunciator shell was installed-at the far right corner Of the existing old mill. This fire alarm box and remote annunciator shall service all the lira alarm ` devices in the residential complex. The main fire alarm control panel for the complex shall be located in the stairwell adjacent to the fire alarm box. '` i• The- fire alarm system components that have been installed must be inspected and tested. j. A fire alarm system must be installed with the following equipment: '?: i. hard-wired smoke detectors in common areas and e hallways tied to the fire alarm central panel and zone indicator; ii. each unit will have smoke detectors as required but will be only for that unit and not connected _• to the central panel; iii. a double action pull station shall be installed within 6 feet of Ovary exterior door from common areas; I iv. an exterior indicator light shall be placed on the if corner of each section of the buildings (4 in total), visible from the courtyard to give lire apparatus the location of the problem as described on the existing plans. k. A water flow alarm for each ,sprinkler system shall be installed. These alarms will not activate• the master z . r j B9367B ' 227 fire alarm box. The system protecting the storage areas shall have its flow switch connected to the main control panel and the activation of that flow switch will trip the master fire alarm box. il. Prior to a Certificate of occupancy being issued: t a. Bonds, in the form of a Passbook or Tri-Party Agreement in an amount to be determined by the Planning Department, shall be posted to ensure construction and/or completion of the right of way across the Brickstone Property as shown on the record plans. b. The applicant- is to provide a final as-built when r" construction is completed to be approved by the Department of Public Works and the Town Planner. 12. Prior to a Certificate of occupancy being issued for the last of the five (5) new buildings, the property owner must construct one additional elevator as shown on the building plans. 13. The applicant must comply with all Massachusetts State building codes and obtain all permits and approvals as required from the Building Department. 14. There shall be no burying or dumping of construction material on the site. 15. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 16. Gas, telephone, Cable and Electric Utilities shall be f , installed as specified by the respective utility companies. :h 17. Any plants, trees or shrubs that have been incorporated into ! the landscape plan approved in this decision that die within one year from the time of planting shall be replaced by the applicant. 18. Any demolition of structures and clearing of material shall be as shown on the Plan. r • 19. The Main street access to the property shall be a one way only ingress. The access to the property from High Street shall be both an egress and ingress across the right of way as described on the Plan and as referenced in Condition ; 4. 20. The one-way access from Main street to the property is to be maintained by the owner. 21. Any change in use of the stone ma intananea building from 1 maintenance to another use is subject to the review of the Planning Board. i • I "I S i j • ' 228 • 22• The construction of the interior of the building shall be under the supervision of the Building Inspector. 23. All construction shall commence within i the date of this approval (2) Years from nt. and shall be completed within five (5j years from the date of this approval. Completion to be iDecember 22, 1997. 24. The provisions of this conditional approval shall apply Md be binding upon the applicant, its apply to employees :.� -successors and assigns in interest or controlall. 25. The following plana shall be considered as part of this idecision: Plans Entitled: Osgood Mill North Andover, MA Prepared by: Anderson-Nichols, Boston, MA ' Scale: Dated: April 6, 1987 Sheets C1-C8 - Civil Sheets Di-D1O - Demolotion Sheets AO-A23 - Architectural Sheets S1-S9 - Structural Sheets P1-P6 - Plumbing Sheets M1-M7 - Mechanical Dated: 3/17/87 Revised: 4/1/87 Sheets E1-E12 - Electrical Plans Entitled: The Osgood Mill, North Andover, MA { _ Prepared by: Matarazzo Design 9 Hills Avenue Scale: Concord,N .A. 03301 1 30 Dated: August 3, 1987 Sheets: 1 - 5 Dated: November 11, 1987 Sheets: 1 - 2 Revised by the following plana: Plans Entitled. Site Layout r Sutton Condominii:ms .3� North Andover, MA Prepared by: Henry Schadler Associates, P.C. / 5 Waterville Road v Farmington, CT 06032 Dated: November 13, 1992, Revised: November 30, 1992 'i „ f B K367b 229 Scale: 1" 40' As-Built site Development Plan r Prepared for RECOIL Management Corporation F Scale: 1" 500 I r r Dated: August 1992 " is Plans Entitled: !' Planting Plan • Sutton Pond .Condominiums North Andover, MA 1F 1 i. Prepared by: Henry Schadler Dated: i November 13, 1992 � . Revised: November 30, 1992 r. Scala: 1" 40' .!r i cc: Director of Public Works �.. .: Building Inspector l Conservation Administrator I Health Agent , r Assessors Police Chief Tire Chief i Applicant Engineer he Tile f, . 3r OSGOOD.D j I f 1 I t � I 1 � I ' 1 - 1 I �i i w i t