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Miscellaneous - 210 HOLT ROAD 4/30/2018
f North Andover -Board of Assessors Public Access {%ORT" H °c 1 p t ♦ 'amu ��� r SSAC14US� Click Seal To Return Search for Parcels Search for Sales Summary Residence Detached Structure Condo Commercial ,Page 1 of 1 property Record Card Parcel ID :210/077.0-0014-0000.0 FY:2013 Community: North Andover Now Eik etc I PHOTO No Pictur Availableti Location: 210 HOLT ROAD Owner Name: L M T REALTY TRUST J R & W P THOMSON, JR Owner Address: 210 HOLT ROAD City: NORTH ANDOVER State: MA Zip: 01845 Neighborhood: 34 - 4 Land Area: 7.77 acres Use Code: 314 -TRUCK- Total Finished Area: 47040 sqft TERMNL ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 2,237,600 2,038,200 Building Value: 1,683,700 1,493,900 Land Value: 553,900 544,300 Market Land Value: 553,900 Chapter Land Value: http://csc-ma.us/PROPAPP/display.do?linkld=2255209&town=NandoverPubAcc 10/7/2013 t oo_lll�U N ec m ai 0 m cu Nam' Q C, v.. '.. 07 U` w W � O 0 o. 2',W U c O I F- dl�i M ct i 3 r o N0 �, i Ta' LLOf` U,L;i.: cu U 2 CU a 7 0,10 0s m . I Q O F p i ova ( r C Ojp. J .D U 3[ N IQ mCID W OccuN > o UOf maU U o Q w v � J >1W crn IW N UO `'. O OQ tOO,r.J �Z L O dOF-ico .0 cap U � � J O i O M f- 1-� O t U is O Q � J J .•� N.Q '� ` m UU':iz cu E O N c Z X W O cQ G O Z O O O O � OCD Of Q co O 0O c LL Q �O Of W F- W Q Q �z Q d W d F- Q JI �3 px UF- x ~ m�� �Qp Q3 J N Z 0 Q k OO N N 0) M y t0 Uch LO It U ; O 00 N L 10 J J 7�N 'N VO - O O 0 �:W �� ' z; Q a I r !310 0 Z LO O HW1 QZ' Zoe ��i W JJ �Nl-� 0rCUQ Q My J0Z _ooO D��, r- 0)V Z MM � orn O 00rn c~li QQ lfn ION m ?rte JU'oj W'}oco J:9 LD � s U .W rn mm ; x 04) Z E (n Q IF �. �O W O00 O 0 H O O N ml 20 Sao V0 0 P M M OOO fNO, NN' lUd j`0 FM ly U F- (L �. H� O c o F - Z (n °r N I 0) Q U d tm E a� m o 00 0 w co .. N (d 00 cNf �U 00 U 0 0 00 m� m L >-00 00 O y W� WN a F , O-' j tm +LO am .00 OD X00 L O >- 04 O y' y F-. M U U� UI W�/� cn ^� J N T m (n LL r W Ox Q oxo Q Z` JCC U o O N� LL O N a) 0 LLo U Z)U) m�N D(n� M m� Q Q LL O 0 N LL O .D 0 _,CC V�v N 0 �C9co U� It Z = c 0 U) 0 tm CL E O iii CL U o o ui Y a� ea U.UM62 N m (o �.UM61� � TOWN OF NORTH ANDOVER Office of the Building Department oFtt, p10RTF/ eo ,b qti Community Development and Services F A 1600 Osgood Street, Bldg. 20, Suite 2035 North Andover, MA 01845 q 1• Gerald Brown, Inspector of Buildings To: Kevin P. Foley From: Gerald Brown Re: 120 and 210 Holt Road Dear Mr. Foley, May 15, 2015 Per your request regarding the above addresses, the following determination has been made. 120 and 210 Holt Road are both located in the 12 zoning district. Per the Zoning Bylaws of the Town of North Andover in Section 4.133 — Industrial 2 District — Number 2 States "Business, professional and other offices" are an allowed use. In addition, the businesses located at the above addresses are grandfathered in usage as they have operated at the above addresses for many years. Sincerel Gerald Brown Inspector of Buildings TOWN OF NORTH ANDOVER Office of the Building Department � pORT H q Community Development and Services 1600 Osgood Street, Bldg. 20, Suite 2035 North Andover, MA 01845 Gerald Brown, Inspector of Buildings To: Kevin P. Foley From: Gerald Brown Re: 120 and 210 Holt Road Dear Mr. Foley, May 15, 2015 Per your request regarding the above addresses, the following determination has been made. 120 and 210 Holt Road are both located in the 12 zoning district. Per the Zoning Bylaws of the Town of North Andover in Section 4.133 — Industrial 2 District — Number 2 States "Business, professional and other offices" are an allowed use. In addition, the businesses located at the above addresses are grandfathered in usage as they have operated at the above addresses for many years. Sincerel Gerald Brown Inspector of Buildings N n -I N m; Ln � rn T; y y r -n m m-0 Z N D � 7o w+ O- = cH C1 1 v1 "n sO H O ; a O� O ; It 3 X= rD - N < c n p (D C rD OCi A rD 3 LA �D rD rDy N O C: (D -n 7 � M r0r rD ( 00 S K N H c O Gi Q 3 C O O rt n a� 7 a) 0 * rD O N ONr m v v in (D r~ y N N rD (D < rD r_°D ° v rD O (D w N O A O O D v 0Oq v K(D n O A G v D p m �^ v ai O A OO O v O (D 0) rD OT (D rtrD pOj . o N 3 -� °° Ln K o a + n N p N 0) N D O O v� r+ o ° O O= O O O °' S n f7 v ON rD cu CD- N Q- •� in v rt O N Ln 7 �' m � CAa A N°(D O C< �. r* v Q rr 0 ° Q ~ ? O Q O OT < S` 3 (D (D f) O7 (D Q rD G O n N I� Q N v v n `G 77 O S 01 _ H FD 0) C' 0) O p m (D �* = m a - V)3 = Q �7 AN d r (D (D O p O <' Q O O (D p < 00• G (D (D O O n + (D rD N _v N 3 N. 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Additional data provided by the Executive Office of Environmental AffairslMassGIS. The information depicted on this ma is p MVPC Boundary ry 0 Municipal Boundary O Corrido O Corrido p Development Dist Development Dist L O ..—• -'' to �' 9 for planning purposes only. It may not be adequate for legal boundary y definition or regulatory interpretation. THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING Zoning Overlay 0 Adult Entertainment t ` Ind 11 Industri 11 District 12 District i ti ^ + _ _ ^ * +� THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THESE DATA. THE TOWN OF NORTH ANDOVER DOES NOT 0 Downtown Overlay District 10 Industri 13 District * o � • ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF O Industri I S District •4 `O` ,� ` THIS INFORMATION 0 Historic District 0 Water Protection Reside ce 1 District X79 os.rto ❑ Parcels O Residei 10 P—idei ce 2 District ce 3 District �t.(y SSq�HUs O Hydrographic Features 1" = 182 ft deice .�. de 4 District ce 5 District — streams de ce 6 District „gage asidential District keu�e- 66� 6No I Andover" May 12, 2015 it Interstates — I — SR Roads 4 t Easements 0 MVPC Boundary D Parcels j•' Horizontal Datum: MA Slateplane Coordinate System, Datum NAD83, Meters Data Sources: The data for This map was produced by Merrimack Valley Planning Commission (MVPC) using data provided by the Town of North Andover. Additional data provided by the Executive Office of Environmental AffairslMassGIS. The information depicted on this map is for planning purposes only. It may not be adequate for legal boundary definition or regulatory interpretation. THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THESE DATA. THE TOWN OF NORTH ANDOVER DOES NOT ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF THIS INFORMATION - II ? I z z I II North Andover MIMAP May 12, 2015 034 OSgooSmarf;Growtti? =axltt" ,� ,0340 0�0.1>i?; '- •_.-fir 1 - 03450=0015, '.4 034�0r00�18 034 0_O0�1 1 ;#-kU 03AJO 0023" '�OZ " s Nod 1 aI7 ". ff WOW - 07T0:=0034 ArlWEntertainment< . _.. -•• i075'.O 0003; •`-'•:.. alto: 077.0=,00039 •`-::::' — Rail Line -: Wetlands Zoning Interstates 0 Exempt Lands V Busine s 1 District _ I 0 Busine s 2 District Horizontal Datum: MA Stateplane Coordinate System, Datum NAD83, — SR 0 Busine s 3 District 0 Busine s 4 District NORT1y - Roads 0 Genera Business District Of ac r 19 0 Planne Commercial Dev tt� !� O Easements ye s O Meters Data Sources: The data for this map was produced by Merrimack Valley Planning Commission (MVPC) using data provided by the Town of North Andover. Additional data provided by the Executive Office of Environmental Affairs/MassGIS. The information depicted on this ma is P P 0 Corrido Development Dist 3 L MVPC Boundary 0 Corrido Development Dist O .... — to Municipal Boundary 0 Corrido Development Dist �' F Industri 11 District W for planning purposes only. It may not be adequate for legal boundary definition or regulatory interpretation. THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY Zoning Oveday 0 Industri 12 District 0 Adult Entertainment • i _ ^ .� OF THESE DATA. THE TOWN OF NORTH ANDOVER DOES NOT 0 Industri 3 District * o 4 C3 Downtown Overlay DisMct 0 Industri 1 S District • ' '��� ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF ©Historic District °o���to Reside ce 1 District �1 0 Water Protection 9 �< [7 Residei ce 2 District SSA�HUS THIS INFORMATION Ll Parcels 0 Reside ce 3 DisMct 0 Hydrographic Features /� de ce 4 District — Streams 1" = 245 ft •� Y'de ce5 District Y de ce 6 District ���oge esidential District Our Facility - C&D Recycling Facility, Commercial Waste Processing, Trasfer Station - ... Page 1 of 3 Request Info (request-information.html) I Have a question? 978-686-8604 FAQ (Fa html) Contacty5on� t.html � �� # � Our Services S�emev +n,d,e -.b Our�Facil aci lty hhtm{ Thomson Brothers Industries Facility State-of-the-art Waste Processing and C&D Recycling Facility Thomson Brothers Industries is proud to announce the opening of the most advanced Commercial Waste Processing (http://northsidecarting.com/commercial- waste-disposal.html) and Construction and Demolition (C&D) (construction- demolition-recycling.html Recycling facility in North America Whether you are a homeowner cleaning out the basement or garage, a small contractor looking to find the most economical and user-friendly outlet for your waste or a large contractor looking to obtain the highest LEEDS rating, TBI is the answer to all. TBI is conveniently located in North Andover, Massachusetts -just minutes off three major interstate highways (Rt. 495, 95 and 93). TBI -North Andover Facility 200 Holt Road Hours of Operation North Andover, MA 01845 Mon -Fri: 5:00 AM - 5:00 PM Tel: 978-686-8604 Sat: 7:00 AM -12:00 PM Sun: Closed Fax: 978-686-3086 Let's Do Business Our customer service team is committed to assisting you with whatever questions you may have. Name ` RPhhoon`e� i 4 E-mail . ex: myname@example.com Message ` N v Enter the message as it's shown ` I.......�-...�.= � d 8ubmlt Get Directions (https://maps.google.com/ma/maps? q=200+Holt+Road +North+Andover+MA+01845&hl=en&sll=42 500364 -70 926125&sspn=0 012387 0 01929&hnear=200+Holt+Rd +North+And How It Works Our Facility is chalk full of the most state of the art waste processing equipment in the world. Massive CBI machines (http://www.cbi-inc.com/), magnets and conveyers standing as tall as a four story building coupled with a picking station over 100 feet long will enable TBI to easily POSITIVE PICK and extract recyclable materials directly out of the waste stream. This will drastically reduce the waste normally destined to be landfill or incinerated. The byproduct coming out of TBI is referred to as PPM or Post Processed Material. PPM is material that has no recycling capability and/or value at the present time. TBI took into consideration that technologies in recycling are forever evolving. New Markets for materials once thought to have little or no value may soon open. We have made sure that TBI -North Andover will always have the ability to capture such items when the time arrives. http://www.thomsonbrothersindustries.com/facility.html 5/12/2015 Our Facility - C&D Recycling Facility, Commercial Waste Processing, Trasfer Station - .. Our Process 1. C&D material is deposited into a slow -speed shredder by a material handler. 2. The shredder begins the process of reducing the C&D to a 24" minus product. 3. Material is then discharded by a conveyor onto the primary screen. This screen separates the material into two fractions. 4. The material that is larger than 8 inches is conveyed and discharged onto the picking conveyor for manual sorting. S. All recyclable materials are removed from the picking belt and deposited in correct storage bins. 6. The post -process material (non -recyclable) is then discharged onto the floor in the load -out area. 7. Material smaller than 8 inches is conveyed to a secondary screen that removes 2" minus material (fine materials). 8. The 2" minus material is conveyed to the storage bins. 9. The 8" minus middle fraction is conveyed to an air classifier that separates the material into three fractions. 10. The heavy fraction, including ABC (asphalt, brick, and concrete), is conveyed to the storage bins. 11. The middle fraction is conveyed into the picking station for a manual sorting prior to being discharged onto the load -out Floor. 12. The light fraction is removed utilizing a cyclone and bag house combination. 13. Recyclable materials are removed from belts utilizing automated and manual processes. 14. Wood is positive -picked and fed by conveyors to a grinder for final sizing. 15. After grinding, the wood is conveyed to a storage bunker. 16. C&D residuals are loaded into a transfer trailer for delivery. Green Service Guarantee Proudly providing a GREEN SERVICE GUARENTEE in which all materials are processed in a manner that complies with the DEP waste bans of 7/1/06 and meets with all LEED requirements. Have a question? Contact our team (contact.html) )) Page 2 of 3 Waste C&D Recycling Management (construction- waste- demolition- management- recycling.html) (htti)://northsidecarting.com/dumoster- rentals.html) rentals.html) seryiceS.html) 15 Yard Roll Off Dumpster (services.html) (htti)://northsidecarting.com/1ml) MA & NH Dumpster .hg tml) Disposal ental.html) (htti)://northsidecarting.com/dumoster- rentals.html) rentals.html) 30 Yard Roll Off Dumpster Residential Waste (http://northsidecarting.com/30- Business Trash Removal ard-dumpster- (httr)://northsidecarting.com/,usines ntal.html) trash-removal- waste-hauling.html) service.html) C&D Recycling Facility (facilitv.html) Municipal Service (http://northsidecarti ng.com/mu nicipal- service.html) Useful Links Photo Stream Waste Processing Materials Handling (services.html) (bulk-waste- CommercialWastehaulin .hg tml) Disposal (httoWnorthsidecart! n .corn/commer k Waste Haulin(g bulk - waste disposal.html) wale-haukng.htmI) Residential Waste Construction / Demoliton Disposal (bulk-waste-hauling.html) (http://northsidecarting.com/resideotl&-ge-scale Hauling (bulk- waste-disposal.html) waste-hauling.html) Construction and Demolition (construction- demolition-recycling.html) Contact Thomson Brothers Industries http://www.thomsonbrothersindustries.com/facility.html 5/12/2015 Our Facility - C&D Recycling Facility, Commercial Waste Processing, Trasfer Station - ... Page 3 of 3 + ' Waste Management Services (waste- (http://www.thomsonbrothersindustries.com) management-services.htmh» Northside Cartin Inc. (http://www.nort Construction & Demolition Recycling si(jecarting.com) clin .htmll» 210 Holt Road(construction-demolition-rec (http://www.flickr.com/photos/northsidecartig8 4 Massachusetts C&D Recycling Facili 1t3oeA 01845 (facility.html) >> Phone: 978-686-8604 Roll Off Container Service [ Fox: 978-686-9548 http://northsidecarting.com/roll-off- Get Directions (htto //bit.) /WwBe5R) dumpster-rental.html)» (http://www.flickr.com/photos/northsidecartin�33�43�1� Massachusetts Dumpster Rentals We Accept (http://northsidecarting.com/massachusetts dumpster-rentals.html) >> 3 N New Hampshire Dumpster Rentals I (http://northsidecarting.com/new- http://ww v.flickr.com/photos/northsidecarting/8330432091/) hampshire-dumpster-rentals.html) » Recent Company News (http://www.northsidecartLag.com/news,html) �tln )> lob Opportunities (http://www.flickr.com/photos/northsidecarting/8330437493/) (http://www.northsidecarting.com/ ob- opportunities.html) » Request Quote (request-quote.html)» Associations (http://www.flickr.com/photos/northsidecarting/8331487754/) �OCMR (http://www.cdrecycling.ore/) �laEourroN Ihttp://www.flickr.com/photos/northsidecarting/8331485418/) ASSOCIATION (http://www.demolitionassociation,com/) 7.__._j (http://www,fl ickr.com/photos/northsidecarting/8330409065/) http://www.ebcne.br,z/) "�/NSWMA (http://wwwenvironmentalistseveryday.dr / (http://www.flickr.com/photos/northsidecarting/8330429743/) (http://ww(v.fl ickr.com/photos/northsidecarting/8330424533/) Social Networks Home (index.html) About Us (about.html) Our Services (services.htmh Our Facility(facility.html) FAQ (faq.html) Contact (contact.html) © 2013 Thomson Brothers Industries - Sitemap (sitemap.html) I XML (sitemap.xmll http://www.thomsonbrothersindustries.com/facility.html 5/12/2015 Date........ ............................ TOWN OF NORTH ANDOVER PERMIT FOR WIRING Q This certifies that....................!.,......fl...lii..................................................................... has permission to perform ..........PW:y?'%2.....7% ?...... .5�,Pc.,.(it . ............ wiring in the building of......... / .4 6+�' ZIP 7 �J ..✓.................. at ..... I �........ ! D L% ,.STA Andover, Mass. ............................... ........................... ff �— 'Fee ....+............ Lic. No. .{..�.%........... .1� ................... .... V ELECTRICAL INSPECTOR Check # `7 13`412 i VA C'ommonwaa& o/ Mamaclwetfi Official Use Only JJePartment o��ire JePermit No, Occupancy and Fee Checked ` p-;1! _ Z a 9BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/071 (leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL' WORK All work to be performed in accordance with the Massachusetts Electrical Code (ME9, 527 MR 12.00 (PLEASE PRINT IN INK OR TYPE ALL TION) Date:, Q J 16 --- City or Town of: O(,d o L/�-t/— To the Insre for of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location (Street & Number) 2 Owner or Tenant --UL�-L Owner's Address Telephone No. Is this permit in conjunction with a building permit? Yes ❑ No a (Check Appropriate. Box) Purpose of Building I Utility Authorization No. 414 _ 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: l'n/ Completion nf theo owin table may be waived by the Inspector of Wires No, of Recessed Luminaires No. of Ceil.-Susp. (Paddle) Fanso. of Tota Transformers ICVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires g ove In- Swimming Pool rud. ❑ rnd. ❑ o. o mergency Lighting Battery Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches ` No. of Gas Burners o. of Detection and Initiating Devices No. of Ranges No. of Air Cond. Tonal No. of Alerting Devices No. of Waste Disposers Heat Pum Totals I."...... Number Tons '- o. of Self -Contained Detection/Alerting Devices No, of Dishwashers Space/Area Heating KW Local ❑ unic'pal ❑ Other Connection No. of Dryers Heating Appliances g pp ' KN' Security Systems: No. of Devices or Equivalent No. of Water KW Heaters No. of o. of Signs Ballasts Data Wiring: No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications Wiring: No. of Devices or Equivalent/ OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion, INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in force, and has exhibited f of same to the pet mit issui offce, CHECK ONE: INSURANCE ® BOND ❑ OTHER ❑ {S ecify: A . . M Mutual 3 5 % 14 1 certify, under the pains and pen allies of perjury, that Ili eitt/or io on this kation is true and complete. FIRM NAME: Cranne Companies LIC. NO.: Licensee: Brian Cranney SignatureC. NO.: 11918A (If applicable, enter `exelIpt"'n the license number) e.) Bus. Tel. No.: 978-750-6900 Address: A0 ag,t n40 U 2 :R/'l unnue'ni' — Alt. Tel. No.: *Per M.G.L. c. 147, s. 57-61, security work requires Department of Public Safety "S" License: Lic. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent. Owner/Agent Signature Telephone No. PERMIT FEE: $ The Commonwealth of Massachusetts Department of IndustrialAccidents Office of Investigations 1 Congress Street, Suite 100 Boston, MA 02114-2017 www.mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): Cranney Companies Address: 10 Rainbow Terrace Danvers, MA 01923 Phone #: 800-559-7000 Are you an employer? Check the appropriate box: 1.O I am a employer with 79 4. ❑ I am a general contractor and I employees (full and/or part-time).* have hired the sub -contractors 2. ❑ I am a sole proprietor or partner- listed on the attached sheet. ship and have no employees These sub -contractors have working for me in any capacity. employees and have workers' [No workers' comp. insurance comp. insurance.: required.] 5. ❑ We are a corporation and its 3. ❑ I am a homeowner doing all work officers have exercised their myself. [No workers' comp, right of exemption per MGL insurance required.] t c. 152, §1(4), and we have no employees. [No workers' comp, insurance required.] Type of project (required):' 6. ❑ New construction 7. ❑ Remodeling S. ❑ Demolition 9. ❑ Building addition 10.0 Electrical repairs or additions 11 -E] Plumbing repairs or additions 12.❑ Roof repairs 13.❑ Other `Any applicant that checks box # 1 must also 611 out the section below showing their workers' compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and state whether or not those entities have employees. If 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 tlee policy and job site information. Insurance Company Name: New Hampshire Employers Insurance Policy# or Self -ins. Lic. #:'ECC60040004772015A Expiration Date: 03/25/16 Job Site Address: City/State/Zip: & adou&A,14 Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date): Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. .-- I IVf//%A // � D . _ _ 03/26/15 7000 Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone F Nor�rE� 1'QSSAC 1111 0 �y North Andover Health Department tommunity Development Division October 9, 2012 TBI, Inc. William Thomson 210 Holt Road North Andover, MA 01845 Re: TBI C&D Waste Facility, Site Assignment Surveillance Requirement Dear Mr. Thomson, Please accept this letter as notice that certain decisions have been made regarding the Site Assignment requirement for installation of a surveillance system. The Board of Health Chairman and the Health Director have been investigating options to SA VA 1. Enforcement of this condition was initially postponed to investigate options for alternate technology. These options have been exhausted. The issue of enforcement of SA VAI was also delayed until the North Andover Police Department was relocated, due to the communication requirement of the system with the police computer system. As you are aware the new NAPD facility has opened. In January of 2009, the Board of Health made a decision to allow TBI to open its recycling operation under certain conditions, though it was found that the site was not in compliance to SA V.41. The Board reserved all rights to enforce SA V.41 at a later time. Your facility has been successfully operating since that time. The Chairman is now requesting that TBI comply with this condition as written. SA V.41 TBI shall pay the reasonable costs of installing, maintaining, and operating a video surveillance system at the intersection of Holt Road and Route 125 to be used by the Town to monitor left and right turns by trucks exiting Holt Road and enforcing truck route restrictions. TBI shall consult with the North Andover Police Chief and select a technology reasonably acceptable to the Chief, and which will allow the Police Department to view from its own computers the video surveillance recording. The video surveillance system shall be in operation at all times while the facility is in oneration. 1600 Osgood Street, Bldg 20 Unit 2035, North Andover, Massachusetts 01845 Phone 978.688.9540 fox 978.688.8476 Web www.townofnorlhandover.com Previous Police Chief Richard Stanley had approved a system presented by TBI, by SURV Surveillance Specialists. Since there has been a change in command and consultation with the NAPD is integral with compliance, we recommend you seek agreement with any proposal prior to contracting for the installation. It is expected that we would receive correspondence from you within 45 days, in regards to your plans to move forward. We would be happy to schedule a meeting with you to discuss this further. Thank you for your anticipated cooperation in this matter. Sincerel: san Sawyer, REHS/ S Public Health Director Cc: Thomas Trowbridge, BOH Chairman Chief Paul Gallagher, NA Police Chief 160D Osgood Street, Bldg 20 Unit 2035, North Andover, Massachusetts 01845 Phone 978.688.9540 Fox 978.688.8476 Web www.townofoorthandover.com Date .1 s//:Z......... . TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION This certifies that ...! has permission for gas installation in the buildings sof y /� at .......... /?`'` .!��'. . Northjadover, ass,. Fee.3�.%U� Lic. No../`�z . ' / //� GASINSPECTOR Check # G,10 z- 1, Ir MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO DO GAS FITTING BOILER: ALL TYPES CITY/TOWN: North Andover STATE: MA APPLICATION DATE: BOOSTER JOB ADDRESS: 210 Holt Rd GOCCUPANCY TYPE: COMMERCIAL 7,/ RESIDENTIAL PLANS SUBMITTED: YES NO ✓ BURNER: ALL TYPES NEW[] ALTERATION ✓ REPLACEMENT REMOVAUDEMOLITION[] l NATURAL & LIQUEFIED PETROLEUM GAS: PIPING - EQUIPMENT - APPLIANCES - SYSTEMS Z ENTER TOTAL AMOUNT FOR EACH SELECTION (LIMITED TO FIVE (5) NUMERALS AIR ROTATION UNIT FURNACE: ALL TYPES ITEMP HEATING EQUIPMENT BOILER: ALL TYPES GAS PIPING I I THERMAL OXIDIZER BOOSTER GENERATOR (STATIONARY ENGINE) TURBINE BROILER ILLUMINATING APPLIANCE I I UNIT HEATER BURNER: ALL TYPES INCINERATOR WATER HEATER: ALL TYPES CO -GENERATION UNIT INDUSTRIAL AIR HANDLER EQUIPMENT OVER 12,500MBH COFFEE ROASTER INFRARED HEATER FOTH R NOT LISTEDZ COOK APPLIANCE HOUSEHOLD KILN / GLORY HOLE / CRUCIBLE COOK APPLIANCE COMMERCIAL LABORATORY COCKS DECORATIVE APPLIANCE MAKEUP AIR UNIT DIRECT VENT APPLIANCE MECHANICAL EXHAUST EQUIPMENT DRYER: ALL TYPES OVEN: ALL TYPES FIREPLACE: VENTED /UNVENTED POOL HEATER FRYOLATOR ROOF TOP UNIT FUEL CELL ROOM HEATER-VENTEDNENTLESS 0 PLUMBING / GAS FITTING FIRM INFORMATION CHECK ONE ONLY Corporation Business # 2sssc NAME:. CRANNEY COMPANIES, INC ADDRESS: 10 RAINBOW TERRACE CITY: DANVERS STATE: MA ZIP: 01923 Partnership Business#0 _ - _---- - LLC Business # 0 TEL: 978-907-0019 FAX: 978750053 EMAIL: 1 kcasella@cranneycompanies.c — DBA 1 Unincorporated NAME OF LICENSED PLUMBER/ GAS FITTER: INSURANCE COVERAGE I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL. Ch. 142 YESM NOM If you have checked Yes, please indicate the type of coverage by checking the appropriate box below. A liability insurance policy Other type of indemnity Bond OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws, and that my signature on this permit application waives this requirement. CHECK ONE ONLY OWNER AGENT Signature of Owner or Owner's Agent - � OWNER'S NAME: L TEL: FAX[ I hereby certify that all of the details and information I have submitted (or entered) regarding this permit application is true and accurate to the best of my knowledge. I certify that all plumbing work and installations performed under the permit issued, will be in compliance with all pertinent provisions of the Massachusetts Uniform State Plumbing Code, and Chapter 142 of the General Laws. (OFFICE USE ONLY) Type of License: •• -- nn /n -- Permit # ❑✓ Plumber [:]Gasfitter )"PUN e �.f /�" Ld bl Inspector Q✓ Master ❑ Journeyman Signatu a of Licensed Plumber/ Gas Fitter F-1 Undiluted LP Installer License Number: 15232 Fee: Limited LP Installer JUN/U4/2U12/MUN 01:24 PM FAX No, P,003 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, Mass. 02111 www.mass.gov/diva Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Bus i ness/Organ izationAndi v i dual) Address: 10 kG I kt b oo OnimieV COMhanitS x1 er r, City/State/Zip:-DahverS . Md- Qlq�3 Phone#: %g, -?S_6.6 l DD Aryou an employer? Check the appropriate box: 1. 1 am an employer with .55 4. ❑ I am a general contractor and I employees (full and/or part time).* have hired the sub -contractors 2. ❑ 1 am a sole proprietor or partner- listed on the attached sheet, ship and have no employees These sub -contractors have working for me in any capacity. employees and have workers' [No workers' comp. insurance comp_ insurance. $ required) 5. ❑ We are a corporation and its 3. ❑ 1 am a homeowner doing all work officers have exercised their myself [No workers' comp. right of exemption perm MGI. insurance required] t e. 152, § 1(4), and we have no employees. [no workers' comp, insurance required.] Type of project (required): 6. ❑ New construction ?. ❑ Remodeling & ❑ Demolition 9. ❑ Building addition 10. ❑ Electrical repairs or additions 11. ❑ Plumbing repairs or additions 12. 0 Roof repairs 13, ❑ Otho 'Any applicant that checks box #1 must also fill out the section below showing their workers' compensation policy information. t1lomeowners who submit this affidavit indicating they are doing all workaud theft hire outside contractors must submit a new affidavit indicating such. #Contactors 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. Ir the subcontractors have employees, they must provide their workers' comp. policy number, _ I am an employer that is providing workers' compehsation insurance for my employees. Below is the policy and job site information. LL Insurance Company Name: - 5so�t'Ci,�L A , ries 64assa cif a s-e#s Policy # or self -ins. Lic. #: WN z SUD(,5D 3 a/;0/A Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration, page (showing the policy number and expiration (date) Failure to secure coverage as required tinder Section 25a ofMGL 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one year imprisonment as well as civil penalties in the form of a STOP WORIC 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 the DIA for coverage verification. X do herby certify under the pains and penalties of perjury. that the Information provided above is true and correct. Date.' Print Name; t /" �1 /� Phone #; 7g. % 67.60 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): LBoard of Heath 2. Building Department 3. City/Town Clerk a, Elleetrical Inspector S. Plumbing Inspector 6. Other Contact person: phone #- N Date • x1 SL"ItD3 TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION ar This certifies that. .................. has permission for gas installation .... ..... , . in the buildings of . ' ./�2 Q No..........1260 .. f at ..... 1 ..'"I�.... ........... ,North Andover, Mass. 1 Fee jl450v .. Lic. No/,: WY 2. _........ ..... ... GAS INSPEG OR Check # I-IgO M (-� MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM GAS FITTING WORK CITY I North Andover MA DATE 1216112 PERMIT # JOBSITE ADDRESS 1120 Holt Rd OWNER'S NAME I Northside Carting GOWNER ADDRESS 1210 Holt Rd I TEL— IFAX� TYPE OR OCCUPANCY TYPE COMMERCIAL❑ EDUCATIONAL ❑ RESIDENTIAL El PRINT CLEARLY NEW:❑ RENOVATION: ❑ REPLACEMENT: ❑ PLANS SUBMITTED: YES❑ No E., APPLIANCES -1 FLOORS— BSM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 BOILER BOOSTER CONVERSION BURNER COOK STOVE DIRECT VENT HEATER DRYER FIREPLACE FRYOLATOR FURNACE GENERATOR GRILLE INFRARED HEATER LABORATORY COCKS MAKEUP AIR UNIT OVEN POOL HEATER ROOM / SPACE HEATER ROOF TOP UNIT TEST UNIT HEATER F 1 UNVENTED ROOM HEATER WATER HEATER OTHER . =H INSURANCE COVERAGE I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL. Ch. 142 YES Q NO ❑ I IF YOU CHECKED YES, PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLICY OTHER TYPE INDEMNITY ❑ BOND ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws, and that my signature on this permit- application waives this requirement. CHECK ONE ONLY: OWNERF-1 AGENT ❑ SIGNATURE OF OWNER OR AGENT I hereby certify that all of the details and information I have submitted or entered regarding this application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all Pertin Lpwwsion of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. j PLUMBER-GASFITTER NAME I Kimberly Casella I LICENSE # 15232 J SIGNATURE MP F-] MGF ❑ JP ❑ JGF ❑ LPGI ❑ CORPORATION Q# 2666 PARTNERSHIP❑#�_� LLC ❑#F ] COMPANY NAME: Cranney companies, Inc ADDRESS 110 Rainbow Terrace CITY I Danvers STATE MA ZIP 01923 TEL 978-907-0019 FAX 978-750-0535 CELL 978-882-3751 JEMAILI kcasella@cranne comeanies.com 1A I w o I o U � W a z a Q z w a z❑ o N❑ w } w O w O UCL w z CA U) w z a W p; w w Q cra N .� V zz a Q CL. a z U F a a �r w x w w F O z z 0 F U W a z x v 0 a 0 0 E4, W, f9 fD r -A (n co 0) Qj 0) r -A (rj C --A 0 0 E4, W, The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, Mass. 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Bus iness/organnization/Individual) : ro mh e y COht o 11 fS -Th � Address: IC, g (l'1oo Crra6e- City/State/Zip: Danvers M4. 01 q;?3 Phone#• C�7g. `7SG.� JDO Are ou an employer? Check the appropriate box: YI 1. am an employer with 5 5' 4. ❑ I am a general contractor and I employees (full and/or part time).* have hired the sub -contractors 2. L I am a sole proprietor or partner- listed on the attached sheet. ship and have no employees These sub -contractors have working for me in any capacity. employees and have workers' [No workers' comp. insurance comp. insurance. $ required] 5.0 We are a corporation and its 3. E I am a homeowner doing all work officers have exercised their myself [No workers' comp. right of exemption perm MGL insurance required] t c. 152, § 1(4), and we have no employees. [no workers' comp. insurance required.] Type of project (required): 6. E New construction 7. Remodeling 8. Demolition 9. Building addition 10. Electrical repairs or additions 11. Plumbing repairs or additions 12. Roof repairs 13. ❑ Other *Any applicant that checks box #1 must also fill out the section below showing their workers' compensation policy information. tllomeowners 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. If 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. I L Insurance Company Name: SSo�tCt �� �. -rte '�(Sl r(�S 6� lL'%SSQC�tUS��ffS Policy # or Self -ins. Lic. #: 'Al M Z 9006, 50 3 012 0/A Expiration Date: 31x5-1/3 Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration (date). Failure to secure coverage as required under Section 25a of MGL 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one year imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of $250.00 a day against violator. Be advised that a copy of this statement maybe forwarded to the Office of Investigations of the DIA for coverage verification. I do herby cerrcertifyunder �t}h-�ee pains and penalties of perjury that the information provided above is true and correct. Signature: Cwt. / / / G'1 %1�C�-yDate: Print Naive: CCtreh Phone #: W -6019 - Official •601d Official use only Issuing Authority (circle one): I.Board of Heath 2. Building Department 6. Other Contact person: 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector Client#: 15944 CRANCOMP ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) TYPE OF INSURANCE 3/23/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jean Murray,jmurray@rrsins.com Richards Robinson Sheppard Insurance LLCPHONE 617 284-5267 FAX 617-654-9044 A/C, No, Ext): AIC, No 152 Conant Street ss: certificates@rrSIr1S.COm ADDRESS: Suite 304 MED EXP (Any one person) $15,000 Beverly, MA 01915 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Netherlands Insurance Company 24171 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT INSURED INSURER B: North River Insurance Company 21105 Cranney Companies, Inc. INSURER C: Assoc. Ind. of Massachusetts Mu 33758 Paul Cranney INSURER D: Excelsior Insurance Company 11045 10 Rainbow Terrace 10 R INSURER E: Danvers, MA 01923 03/25/201 CM Ea accideDiSINGLE LIMIT $1,000,000 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSRADDLISUBR WVD POLICY NUMBER MM/LDDNYYY XP MMIDDNYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [� OCCUR CBP8904118 3/25/2012 03/25/201 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES IF. occurrence $ 300 000 MED EXP (Any one person) $15,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT PRODUCTS - COMP/OPAGG $2,000,000 $ D AUTOMOBILE X LIABILITY ANY AUTO ALL OWNEDSCHEDULED AUTOS X AUTOS NON -OWNED HIRED AUTOS X AUTOS BA8904318 3/25/2012 03/25/201 CM Ea accideDiSINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 5530950414 03/25/2012 03/25/2013 EACH OCCURRENCE $10,000,000 AGGREGATE $10.000.000 DED I X RETENTION$NIL $ C WORKERS COMPENSATIONWMZ8OOf AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 7 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A 503012012 3/25/2012 03/25/201 OTH- X WCRSyTLATUjs ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE$1,000,000 E.L. DISEASE - POLICY LIMIT f $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) EVIDENCE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN xxxxxxxxxxxxxxxxxxxxXXXXXXXXXXXX ACCORDANCE WITH THE POLICY PROVISIONS. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX AUTHORIZED REPRESENTATIVE 4x1 e,0:V1,V ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S304785/M304495 JNM %IV 1v3 I'll V 7'i YV C i -!.L-4 n ur 1vimaa m l,rluJ r i I,:, PLUMBERS AND GASFITTERS - LICENSED AS A MASTER PLUMBER ISSUES THE ,ABOVE LICENSE TO: KIMBERLY E CASELLA, 17 WARREN RD SAUGUS NA 01906-2829" 15232 05/01/14 172765 COMMONWEALTH OF MASSACHUSETTS a a • •a • :a. •aa PLUMBERS AND GASFITTERS LICENSED AS A JOURNEYMAN PLUMBS& !SSUES THE ABOVE LICENSE TO: KIMBERLY E CASELLA` 6.7 SAVILLE ST SAUGUS M 9 A O1 06-2217 30148 05/01/14 172763 CON1MONWEALTH OF MASSACHUSETTS a • • a � o . : a • . a a PLUMBERS AND GASFITTERS REGISTERED AS A PLUMBING CORP ISSUES THE ABOVE LICENSE TO: �S CrSi V KIMBERLY E CASELLA CRANNEY COMPANIES INC 17 WARREN RD `a J SAUGUS MA 01906-2829'^ 2666 05/01/14 176766 Date ... d; -1,5 '.: f Z:...: TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that .............................. ��'��Y G .............Z:ZirT ............................... has permission to perform .................................,7©k"6�'J de cc wiring in the building of .......... ....:.1.V.! ...... Adl%� T ,North Andov r, Mass. Fee ...1 Lic. No. Vd�7 ... ....................... ..........-..[ o. ............... ELECTRICA'iNSRECTOR Check # 10669 -_ Commonwealth of !Massachusetts Official Use Only Department of Fire Services Permit No. BOARD OF FIRE PREVENTION REGULATIONSOccupancy and Fee Checked [Rev. 11/991 (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code (MEC), 527 CMR 12.00 (PLEASE PRINT ,W INK OR TYPE ALL INFORMATIOA9 Date: .2&/42-0/2 City or Town of: Wgr'fG ,�q-,d ou&L To theInsp reC o of Wires: By this application the undersigned gives notice of his orher intention—to perform the electrical work described below. Location (Street & Number) /D /f0�f` /G.C�CI Owner or Tenant A )O -t` ►S / (�q r �t,J Telephone No. Owner's Address 5,4-M p- J Is this permit in conjunction with a building permit? Yes ❑ No ❑ (Check Appropriate Boa) r Purpose of Building Utility Authorization No. / 19'.V9 Y9� Existing Service 900 Amps -1"l aO�?Volts Overhead ❑ Undgrd ® No. of Meters New Service 1/0 O Amps 1.201-WVolts . Overhead ❑ Undgrd © No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: A2 rn00-e Co Z1d'1u./1 'VOkW /2 C, 1g?e f' 3 Completion o the follow. table may be waived by the Ins ector of Wires. No. of Recessed Fixtures No. of Ceil.-Susp. (Paddle) Fans No. of Total Transformers I{yA No. of Lighting Outlets No. of Hot Tubs Generators ` KVA 410 K No. of Lighting Fixtures Swimming Pool Above ❑ In- ❑ No -. —07 mergency ig ing rnd. rnd. Batte Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners o. of Detection and ' Initiatin Devices No. of Ranges No. of Air Cond. Tonal No. of Alerting Devices No. of Waste Disposers Heat Pump Number Totals: Tons KW No. of Self -Contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Local ❑ Municipal ❑ Other Connection No. of Dryers Heating Appliances KW Security Systems: No. of. KW No. of No. of No. of Devices or Equivalent Heaters Signs Ballasts Data Wiring: No. of Devices or, E uivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications Wiring: No. of Devices or E uivalent OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify:) /Ve-7/1er Svs . �p 3 ocS'o20 /07 Estimated Value of Electrical Work: (Expiration Date) (When required b municipal policy.) Work to Start: Inspections to be requested in acc danc 'Ja* Rule 10, and upon completion. I certify, under the pains and penalties of perjury, that the informa thision is true and complete. FIRM NAME: Gr eve c Co. LI /1 // 9/ D Licensee: ^tom ,✓e c Signature LIC. NO.: Z-1 d y (Vapplicable, enter "exempt " in the license umber line.) Bus. Tel. No.• /-`!>d' > O7_�; 9C Address: /O rni tJ %//tis /%�{S 0 1 7 d23 Alt. Tel. No.: OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent. Owner/Agent Signature Telephone No. PERMIT FEE: $ <.s 0 )eN—rZa G- -, I t la- pe -2, P�Aj ok, 7-274Z, a r 0 J The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Nalne (Business/Organization/Individual); ;C rQ n n,p iA Coirk pa m eft EoG Address: jRco yibomJ `gip e-rz G-2. Phone #: A,re�u an employer? Check the appropriate box: 1. LJ I am a employer with —7 0 4. ❑ I am a general contractor and I employees (full and/or part-time).* have hired the sub -contractors 2. ❑ I am a sole proprietor or partner- listed on the attached sheet. ship and have no employees These sub -contractors have working for me in any capacity. employees and have workers' [No workers' comp. insurance comp. insurance.: required.] 5. ❑ We are a corporation and its 3. ❑ I am a homeowner doing all work officers have exercised their myself. [No workers' comp, right of exemption per MGL insurance required.] t c. 152, §1(4), and we have no employees. (No workers' comp. insurance reauired.l -7q)-(o Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. [] Demolition 9. ❑ Building addition 10.❑ Electrical repairs or additions 11.❑ Plumbing repairs or additions 12.0 Roof repairs 13.❑ Other *Any applicant that checks box #1 must also rill out the section below showing their workers' compensation policy inforination, t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and state whether or not those entities have employees. If 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: Policy # or Self -ins. Lic. M M f C 9 C -j0 LJ _% LI0 Expiration Dater f Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORT{ ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. Phone #: ! v U 9 Q C) Official use only. Do not write in this area, to be completed by city or town official City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other I1 Contact Person•_ Phone #: OOne Team * Total Solutions C CMNNEYCOMPANIES Electric e Fabrication • HVAC e Plumbing * Communications 10 Rainbow Terrace • Danvers, MA 01923.800-559-7000 • FAX 978-750-0535 November 11, 2011 Bill Thomson 210 Holt Road North Andover, MA 01845 Quote Number: 031846 Subject: Generator and new Service Dear Bill, The Cranney Companies are pleased to provide this proposal to install new service and generator backup for the 200 amp branch circuit. Job Scope: ■ Call National Grid to pull fuse cutouts on pole that feeds building. • Remove existing 400 amp 3 phase disconnect, 6 meters, power panels, wire trough and all the associated devices. ■ Install new meter socket. ■ Install new panel with associate breakers to feed the existing power requirements. • Rewire all the branch circuits to new power panel. ■ Install transfer switch to back up 200 amp branch circuit. ■ Install ground grid for generator pad. ■ Run 2 '/z rigid conduit to generator and pull in conductors. • Run 1" rigid conduit for the controls, battery charger, and block heater. ■ Terminate power up and check for proper operation. ■ Install gas piping to generator as per code requirements. ■ Permits included in quote. ■ Cut over of old service to new service will be done on a weekend. Not Included in Quote: ■ Excavating for Generator pad. ■ Forms and Concrete for pad. ■ Building Permit. Standard Exclusions: ■ Cranney Companies does not assume responsibility for correction of pre-existing code violations or work conditions found. Unless specified in this proposal, engineered stamped drawings, performance or payment bonds are not included. ■ Cranney Companies assumes that this installation will be covered under the traditional permitting process. ■ Cranney Companies and/or subcontractors under our direction shall not be responsible for moving, guarding or handling existing hazardous materials within the installation area. www.cranneycompanies.com Excellence Since 1982 C:\Documents and Settings\Bill Thomson\Temporary Internet Fi1es\Content.IE5\1K472RFF\Gen new service.doc • JANk One Team * Total Solutions C CRANNEYCOMPANIES. Electric • Fabrication • HVAC • Plumbing • Communications 10 Rainbow Terrace • Danvers, MA 01923.800-559-7000 • FAX 978-750-0535 Standard Terms and Conditions: ■ Payment Terms are 2% discount within ten (10) days or net thirty (30) days upon receipt of invoice. ■ Cranney Companies will honor manufacturers warranty on material from date of installation. We hereby propose to furnish labor and materials in accordance with the above, for the sum of Seventeen Thousand One Hundred Forty Three Dollars, ($17,143.00), with payment terms indicated above. "PAST DUE INVOICES ARE SUBJECT TO A SERVICE CHARGE OF.l.5% PER MONTH". In the event that suit is brought to collect all or part of this contract, or the same has to be collected on upon demand of an attorney, the customer agrees to pay all costs and attorney's fees incurred by the Cranney Companies. All material is to be guaranteed as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra costs, will be executed upon written orders only, and will become an extra charge over and above this estimate. All agreements are contingent upon strikes, accidents and delays beyond our control. This proposal subject to acceptance within 30 days .and is void thereafter at the option of the undersigned. In the event that the Cranney Companies is awarded this project, customer will provide a current Form ST -12 tax - except certificate if applicable. All changes must be initialed by all signers. Any additions to this contract will be billed at our normal rates. Authorized Signature: Printed Name: Bill Bishop Date: November 11, 2011 ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: Printed Name: Title: Date: If a Purchase Order number is required for invoicing and subsequent payment, please provide the Purchase Order number below with signed acceptance of this proposal. Purchase Order Number: www.cranneycompanies.com Excellence Since 1982 C:\Documents and Settings\Bill Thomson\Temporary Internet Fi1es\Content.IE5\l K472RFF\Gen new service.doc MEMORANDUM TO THE RECORD From: David C. Adams, EEIV, BWP/SW/NERO Date: 5 April 2004 Re: NORTH ANDOVER - Solid Waste Holt Road Landfill Inspection of Storm Water Controls FMF# 285372 Inspection date: 2 April 2004 Inspection time: 11:30 AM Weather: cool, cloudy, windy On April 2, 2004 I conducted a site visit to the Holt Road Landfill, North Andover, Massachusetts. I was accompanied by John Carrigan, DEP/NERO. The purpose of the visit was to assess the functioning of the storm water controls following the heavy rains that occurred over the previous two days. Storm water from the landfill flows to a detention basins at the northeast corner of the site.. In general the storm water controls were furictioning. Except for a blowout of drainage layer sand a one isolated point (see below) there was no sign of excessive erosion and the cap appeared to be stable. Several animal burrows (woodchucks, etc.) were observed into the side slope of the landfill. In several areas of the top of the landfill no grass was growing. Only a very poor, sparse growth of (what appeared to be) clover was observed amongst the dead vegetation in these areas. The areas were on relatively flat sloped portions of the site and no erosion was observed. At one point on the toe of slope swale along the northerly side of the landfill (directly opposite the NESWC building) there was observed to be a blowout of sand to the swale. The sand is characteristic of drainage layer sand. This form of blowout was previously reported in this same areal following inspection on March 28, 2001. 1 David C. Adams; Memorandum to the Record; March 29, 2001; 'The failures observed in the northern slope were a washout of the sand drainage sand from under the loam. The failures were noted by subsidence of the loam in mid -slope areas, and by sand plumes appearing out of the toe of slope entering the drainage swale. "Piping" occurred within the sand. The resulting concentrated high velocity flow was eroding the sand from under the loam.' hrIA0402mem.doc 04/08/04 Memorandum to the Record Holt Road Landfill Storm water controls Near the "blowout" of the sand drainage layer was observed a monitoring well. No identifying label could be found on the well or its casing. The cover was broken, allowing access to the well despite the presence of a lock. Page 2 Pursuant to the closure design, relief drains for the sand drainage layer were to be installed. Several such drains were observed at the swale along the eastern side of the site (facing Creek Brook). Only one such drain could be found on the northerly side slope (facing NESWC). However, several unidentified "humps" were observed emanating from the landfill side slope into the swales along the northerly side of the landfill. The line of these "humps" appeared to be marked by surveyors stakes. The location and space corresponded to the expected locations of the relief drains. Under -drain pipes were observed at the connections of the mid -slope swales on the easterly side slope with the swale from the northerly side slope. The drains were functioning. However, one of the drains was partially block by a protrusion of excess fabric. At the junction of the mid -slope swale on the northerly side slope of the landfill with a riprapped down chute the under -drain was not visible. However, the sound of flowing water within the riprap indicated that an under -drain discharge was hidden with the riprap. Note: during design a concern was that uncontrolled storm water flow off of the paved parking area at the top of the landfill would cause excessive erosion of the adjacent vegetated areas. No erosion was observed due to run-off from the paved area. Along the northerly side of the Holt Road Landfill were observed several soda and beer bottles. The bottles were on an area paralleled by the NESWC driveway and:were an unusually uniform distance from the NESWC driveway. The distance was approximately that expected for a bottle thrown from the NESWC driveway. hrIA0402mem.doc 04/08/04 MITT ROMNEY Governor KERRY HEALEY Lieutenant Governor John Felix COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION METROPOLITAN BOSTON — NORTHEAST REGIONAL OFFICE Department of Environmental Protection g' One Winter Street Boston, MA 02108 Re: NORTH -ANDOVER - Solid Wastes Holt Road L =Siieli isecection FMF No.: 285372 Dear Mr. Felix: ELLEN ROY HERZFELDER Secretary W. GOLLEDGE, Jr. Commissioner On April 2, 2004 representatives of the Metropolitan Boston/Northeast Regional Office, Department of Environmental Protection, Bureau of Waste Prevention, Solid Waste Management Section inspected the Holt Road Landfill, Andover, Massachusetts. The inspection was conducted, without prior announcement, to examine the impact of the heavy rains between March 30, 2004 and April 2, 2004 on the landfill and its storm water management system. A copy of the inspection report is attached. If you have any questions in regards to this matter please contact David Adams at phone 9780661-7661. Sincerely, David C. Adams Environmental Engineer Solid Waste Management enclosure: Memorandum to the Record, April 5, 2004 Sincerely, John A. Carni n Section Chie Solid Waste Management This information is available in alternate format. Call Debra Doherty, ADA Coordinator, at 1-617-292-5565. TDD Service - 1-800-298-2207. 9" Floor, One Winter Street, Boston, MA 02108• Phone (617) 654-6500 • Fax (617) 556-1049 • TDD # (800) 298-2207 DEP on the World Wide Web: http://www.state.ma.us/dep 0 Printed on Recycled Paper Depart of Environmental Protection Page 2 Holt Road Landfill Inspection cc: North Andover Board of Health 27 Charles Street North Andover, MA 01845 David Ellis Department of Environmental Protection Southeast Regional Office Lakeville, MA hrIA04081tr.doc 04/08/04 i o oM N 3 O o s M O � � Q ti _O O kr) 4 F Q; Q q titin a •RS o O o O N � N r +o V Vi O U C O U a W O U a O •� •� L V �aAv�3aa N 0 acv �E `\ R Lo 3 O a n. •L H A 0 0 0 z o dLn O 0 •p N CL`s, G w 0 a O C M _O O kr) q titin •RS O r V Vi �aAv�3aa N R Lo 3 O a n. •L H A 0 0 0 z o dLn O 0 •p N CL`s, G w 0 a II 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O W w W 00 coo o O o o O O o 0 o O o o o o o o o o o 66 o Eft) Eft) E» W. fA Ef> E» Eft) w Eft) 69 o C7 w w Efl Eft) w w w w Wt) w w w Eft) EA Ht) Kt) Efl w O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 o O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O W O LO V UO to 0 M LO O U) U) CO 0 0 0 O 00 o W (f) 6 0 0 0 0 N U LO N m I� M r v m v (0 r O M N 1f) N V OD O r- h UO o O O EH V (O V U) U7 to .- M 7 M U) m U) O U) m m N O (� U7 N N U7 W U7 0 w U) -,t m N 0 to O_ U7 N N UO w M N M V N r � N 0 Eft) 69 O r 69 Eft) Efl EA Kt) N wEft) w w Eft) UO O) w U W N N W Efl - .- N Efl Kt) w Ut) V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U o ,I• � 0 o C7 0 C7 q q 0 0 0 0 0 0 0 0 0 0'0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0,0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 I•yt�i w o 000000000,00000000000000000 0 w O ¢ + O 0. 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N co V U) (O 1- COm _O N_ CO .t V) U) t` 00 m O N M 'V 0 0 I-- 0 0 0 0 0 0 0 0 0 r r N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 II W Q a O z O w C7 PQ. G N 0 0 o 0 M 0 ti ^ y aoi ca Q w Q^1 b � 'o 0 U G Q U g N F- F - z O U J Z_ O V Q 01 O O O N N 0 M w 0 C 0 .b C w Q ❑ O F- ❑ w w O N 06 a LO 0 •rs O C) O s9 z O O O EA co y+ O v -fl b 0 cc 4 r.r. 3i o cd b ch 9 O O N �p a� o O p Y Q U 0 �3yQ ami O p� Y Y �Yw U cq N ctj O yam,cl O p •- W cd L U i3.r.•rw O 13 7�L Y c� ami ani o 0 U O R% U cd y 0 O 0 69 F - Z W Q a w Q U) z W w LL N r ❑ w -- U w F ❑LU = U a a. a w M o z J IL LU Q aN a J U O C) N N Q\ W LU W Z cl J U Z x N z LL O LU Z m of b Q Os9 H U Q W Q O O O O O O sus O O O 69 O O O � O O O O O O b9 69 Z69 O Q Q V O O 3 0o 0 .c p U °0 0 C7 O oo G � O UN C) c U UH" z From:JOHN PAONESSA December 11, 2007 TBI, Inc. 210 Holt Rd North Andover, MA 01845 RE: TBI Facility, North Andover, MA Dear Sir, 19789701427 12/12/2007 11:16 #021 P.002/002 J014N J. PAONESSA COMPANY, INC. I am writing to ask that you place the John J. Paonessa Company, Inc, (JJPCI) on your Bidders List for excavation and site utilities work consideration for any upcoming projects. We have been in business since 1947 as a road and building site contractor. JJPCI is bondable up to Fifty Million Dollars ($50,000,000). We also have capacity ratings of Fifteen Million Dollars ($15,000,000) with Massachusetts Highway; Forty -Seven Million, Nine Hundred Thousand Dollars ($47,900;000) with the MDC; and Forty -Five Million Dollars ($45,000,000) with the MBIA. JJPCI has always finished its projects on time or ahead of schedule. We are an open -shop company. Additionally, JJPCI has an extensive inventory of late -model construction equipment. Most recently we have added a drilling and blasting division. We are more than willing to travel to Northern Massachusetts and Southern New Hampshire. Some of our most recent projects are listed on the attached sheet. If you have any questions, please feel free to call me. We look forward to developing a mutually satisfactory relationship and hope to be hearing from you soon. Very truly yours, Sylvain Noiseux Vice President of Operations TBI, Inc. TBI Solid Waste Transfer Station Retaining Wall Construction Page 2 Should you have any questions relative to this issue, please contact David Adams at 978- 694-3295. Sincerely, Sincerely, ,t - David C. Adams Environmental Engineer Solid Waste Management JAC/DCA/dca cc: North Andover Board of Health 120 Main St. North Andover, MA 01845 Phillip Jagoda Brown & Caldwell, Inc. 48 Leona Drive, Suite C Middleborough, MA 02346 John A. Carrigan Section Chief Solid Waste Management COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION NORTHEAST REGIONAL OFFICE 205B Lowell Street, Wilmington, MA 01887 • (978) 694-3200 DEVAL L PATRICK IAN A. BOWLES Governor Secretary TIMOTHY P. MURRAY LAURIE BURT Lieutenant Governor Commissioner NOV 9 2007 William Thomson TBI, Inc. North Andover, MA 01845 Re: North Andover - Solid Wastes TBI Solid Waste Transfer Station 210 Holt Road Retaining Wall Construction File No. W143646' FW # 291857 Dear Mr. Thomson: The Department of Environmental Protection, Northeast Regional Office, Bureau of Waste Prevention, Solid Waste Management Section ("MassDEP") has received a letter; dated October 22, 2007; on your behalf from Brown and Caldwell, Middleborough, Massachusetts, relative to site preparations at your proposed solid waste transfer station, 210 Holt Road, North Andover, Massachusetts. By this letter you are proposing to comence site preparation by constructing two (2) retaining walls on the site in anticipation of MassDEP granting a permit for the proposed facility. Construction of the retaining walls is not exclusive to the proposed transfer station. Construction of the retaining walls will not restrict modification to the design of the transfer should such modifications be determined necessary during the review of your application for a permit and Authorization to Construct (ATC). MassDEP, therefore, concurs that construction of the retainaing walls may proceed prior to MassDEP completing review of your application. Tbtt Information is available in alternate format. Can Donald X Gomea, ADA Coordinator at 617-556.1857. TDD Service. 1.800-nii.U07. hupVtWWW.mus.9ov/dep • Fax (878) 694-3489 J% ., . . _ . . _ JOHN J. PAONESSA COMPANY, INC. 219 MEADOWCROFT STREET, LOWELL, MA 01852 PROJECT HISTORY Army Corp. of Engineers - Revere Beach, Revere, MA Bowdoin Construction - Fellsway Plaza, Medford, MA Tabernacle Church, Salem, MA Channel Building Co. - Alaska Diesel, Andover, MA Cleveland Motions, Billerica, MA .Dunkin Donuts,, Methuen, MA Dunkin Donuts, Medford, MA Jaffarian Motors, Haverhill, MA Fantini Bakery, Haverhill, MA Amesbury Group, Amesbury, MA CPL, Devens, MA Lawrence Boys & Girls Club, Lawrence, MA Dacon Corporation - Crystal Cold Storage, Medford, MA Pri-Automation,lBillerica, MA High Bay Technology, Chelmsford, MA Sylvan Business Center, Danvers, MA Intellisense Corp., Wilmington, MA Applied Biosystems, Bedford, MA General Mills, Haverhill, MA Brookstone Headquarters, Merrimack, NH Juniper, Peabody, MA Charles River Labs, Wilmington, MA Long's Jewelers, Peabody, MA Wakefield Distribution Systems, Peabody, MA Erickson Construction LLC - Brooksby Village, Peabody, MA Erland Construction - Nortel Networks, Billerica, MA F.W. Madigan - Comfort Suites, Billerica, MA Folsum Development - Bowers Landing, Merrimack, NH: - Ledgewood Circle - Esquire Lane - Augustus Circle - Hanna Circle - Crown Point Jewett Construction - Sigarms, Exeter, NH Kellogg & Kimsey - Barnes & Noble, Peabody, MA Lincoln Contractors - Lincoln at Braintree, Braintree, MA MacMillin Company - Seven Hills, Groton, MA Massachusetts Highway - Roosevelt Rotary, including two (2) bridges, Medford, .MA and .Linden Square, Malden, MA MDC - Lynn Shore Drive & Seawall Rehabilitation & Reconstruction, Lynn, MA Opechee Construction - White Pines College, Chester, NH Light Chip, Salem, NH Walden Sports, Devens, MA Comfort Inn, Woburn, MA Pinncon Construction - Super Stop & Shop, Bedford, NH Pro Con Construction - Gordon College, Wenham, MA Kindergarten, Londonderry, NH Woodland Parking, Wenham, MA F.W. Webb, Amherst, NH Huttig Building Products, Hooksett, NH Winnacunnet High School (Phase 1 & 2 & 3), Hampton, NH 180 Newbury Street, Danvers, MA Summit Place, Methuen, MA North Elementary School, Londonderry, NH Groton Residential Gardens, Groton, MA Hilton Homewood Suites, Portsmouth, NH Neighborhoods at Woodland Pond, Manchester, NH: - Countryside Blvd. - Carriage Homes Symes Associates- Themeli Builders - The Torrey Company - Tocci Builders - Wakefield Crossing, Wakefield, MA Chili's Bar & Grill, Lowell, MA Home Depot, Methuen, MA Super Stop & Shop, Methuen, MA Shaws, Nashua, NH BYs Wholesale Club, Hooksett, NH BMW Service Center, Peabody, MA Winchester Hospital - Parking Lot, Woburn, MA CONTRACT CONTRACT BETWEEN OWNER AND CONTRACTOR TABLE OF CONTENTS 1. Duties and Status 2. Work, Guaranteed Maximum Price, Time of Completion 3. Progress Payments 4. Final Payments 5. Correction of Work 6. Permits and Regulations 7. Protection of Persons and Property 8. Inspection of Work 9. Supervision 10. Changes in the Work 11. Allowances and Claims 12. Mutual Responsibility of Contractors 13. Separate Contracts 14. Use of Premises 15. Clean Up 16. Site Representations 17. Concealed Conditions AGREEMENT MADE AS OF: December 10, 2007 BETWEEN THE OWNER: TBI, Inc. 210 Holt Road North Andover, MA 01845 978-686-8604 hereinafter known as "Owner" JJPPCW0041405-1 18. Title to Work 19. Liability of Contractor 20. Waiver of Breach 21. Insurance 22. Bonds 23. Contract Documents 24. Owner's Right to Terminate Contract 25. Contractor's Right to Stop Work or Terminate Contract 26. Contract Modifications 27. Notices 28. Assignments 29 Headings 30. Applicable Law 31. Succession of Rights and Obligations 32. Additional Documents 33. Arbitration AND THE CONTRACTOR: John J. Paonessa Co., Inc. 219 Meadowcroft Street Lowell, Massachusetts 01852 978-970-0099 hereinafter known as the "Contractor" WHEREAS, Contractor is experienced in the construction of the type of facility desired by Owner and has submitted to Owner a certain proposal to perform said construction Work all as more fully set forth hereinbelow. Contractor Initials Owner Initials CONTRACT NOW, THEREFORE, in consideration of the covenants hereinafter contained, Owner and Contractor agree as follows: DUTIES AND STATUS A. CONTRACTOR Contractor and Owner accept the relationship of trust and confidence established between Contractor and Owner by this Contract, and Contractor covenants with Owner to furnish its best skill, efforts, and judgment in furthering the interest of Owner. Contractor agrees to furnish efficient business administration and superintendence and to furnish at all times an adequate supply of workmen and materials and to perform the Work in the best and soundest way and in the most expeditious and economical manner consistent with the interests of Owner. The Contractor hereby acknowledges that it has inspected the site and the existing site conditions, and acknowledges that it can perform the Work and furnish all materials necessary and incident thereto, all in accordance with the Contract Documents. "Contract Documents" shall mean this Contract between Owner and Contractor, and, provided they are referenced herein, any general, supplementary and other special conditions, any general or detailed project plans, drawings, specifications, and all addenda issued prior to execution of this Contract; all Change Orders, Supplemental Agreements, or other Contract Modifications made pursuant to paragraph 26; and any other document(s) designated by the mutual agreement of the Contractor and Owner. Collectively, these constitute the Contract Documents, all of which constitute one instrument. Construction services shall be performed by qualified construction contractors and suppliers, selected and paid by the Contractor and acting in the interest of the Contractor. B. OWNER The Owner shall, at the request of Contractor, at the time of execution of this Agreement, furnish to the Contractor reasonable evidence that he has made financial arrangements to fulfill his obligations under the Contract and will from time to time, upon request of Contractor, verify that sufficient funds exist to fulfill JJPPCW061305-2 remaining financial obligations. Unless such reasonable evidence is furnished, the Contractor is not required to execute the Contract nor continue to perform its contract obligations without satisfactory evidence of funding. The Owner shall, at the Owner's own cost and expense, obtain any and all local, state, and federal permits required to perform the Work contemplated under this Contract. The Owner shall be responsible for any proceedings before any administrative or judicial tribunals related to the failure to obtain the required approvals and/or permitting processes arising from or related to the completion of the Work contemplated under this Contract. 2. WORK, GUARANTEED MAXIMUM PRICE, TIME OF COMPLETION A. WORK Unless otherwise expressly stipulated herein, Contractor shall perform all Work and provide and pay for all materials (including transportation thereof), labor, tools, equipment, and utilities, including but not limited to, light, water, and power, necessary for the proper execution and completion of the facility shown on the drawings and described in the specifications annexed hereto in the attached Exhibits, which said drawings and specifications are hereby incorporated herein by reference and made a part hereof with the same force and effect as if the same were set out herein. Said drawings and specifications are in accordance with the requirements of Owner and any modifications to said drawings and specifications shall be made only with the approval of Owner. The term "Work" as used herein includes all labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in such construction. As used herein, the term "subcontractor" shall mean any person or entity possessing a direct contract with Contractor to perform any of the Work. Contractor shall be responsible for the acts of all parties retained by, through and under Contractor in connection with the construction of the Work, including but not limited to, materialmen, laborers, subcontractors, and sub - subcontractors. Unless otherwise specified, all materials incorporated into the Work shall be new and both workmanship and materials incorporated into the Work shall be of first Page 2 of 17 Contractor Initials Owner Initials CONTRACT class quality free from faults or defects and in conformance with the Contract Documents. All Work shall be done in a good and workmanlike manner and shall be performed in accordance with all applicable laws and regulations. Although Contractor shall have no obligation to perform any investigation, analysis or consideration of any plans, drawings, specifications or other Contract Documents provided by the Owner or its agents, Contractor shall notify the Owner if any portion of any plans, drawings, specifications or other Contract Documents appear to be inconsistent with applicable codes or proper industry practice before performing any work involving any potential inconsistent condition. If directed by the Owner or its agents to perform the work as provided in the Contract Documents, Contractor shall have no liability for any further claims by Owner regarding the cited issue(s). Contractor shall, if requested by Owner, furnish satisfactory evidence as to the kind and quality of materials incorporated into the Work. Contractor warrants and represents that the. Work to be performed hereunder by Contractor and by all parties retained by, through and under Contractor in connection with the construction of the Work shall be performed pursuant to and in accordance with the drawings and Specifications listed and described in attached Exhibits. B. GUARANTEED MAXIMUM PRICE Owner shall pay from time to time as provided herein to Contractor for Contractor's performance hereunder, subject to any increases or decreases as set forth herein, the Guaranteed Maximum Price of: One Million Four Hundred Ninety Five Thousand Five Hundred Fifty Two dollars and 00 cents ($1,495,552.00). All cash discounts, trade discounts, rebates and refunds, and all returns from the sale of surplus materials and equipment, shall accrue to Contractor. C. TIME OF COMPLETION Contractor shall proceed with the construction of the Work with due diligence, due regard being given to interruptions resulting from any cause beyond Contractor's reasonable control as described in the next succeeding paragraph; and Contractor agrees to the following: Commencement of Construction shall be on or before:. December 13, 2007 2. Substantial Completion shall be on or before: July 1, 2008 Final completion shall occur on or before: July 15, 2008 as said dates may be extended for such periods of time as Contractor is prevented from proceeding with its Work or completing its Work for any cause beyond its reasonable control as described in the next succeeding paragraph. Time is of the essence of this Contract. Any change in such dates shall be by written change order only. In the event that Contractor's Work is delayed at any time by any act or omission of Owner or of any employee, agent or tenant of Owner, by any separate contractor employed by Owner, by changes or alterations ordered in the Work not caused by any fault or omission of Contractor, by strikes, by lockouts, by fire, by embargoes, by windstorm, flood, adverse weather, or other conditions not reasonably anticipatable, by earthquake, by acts of war, by changes in public laws, regulations or ordinances enacted after the date of execution of this Contract, by acts of public officials not caused by any fault or omission of Contractor, by unusual delay in deliveries, by concealed conditions or unforeseen obstructions at variance with conditions indicated in attached exhibits as provided for in Paragraph 18 or by any other cause beyond the reasonable control of Contractor, the aforesaid dates for commencement of construction and/or Substantial Completion of the Work shall be extended for a reasonable period as a consequence of such delay and associated costs for such delays shall be equitably adjusted. Page 3 of 17 JJPPCW061305-2 Contractor Initials Owner Initials CONTRACT The term "substantial completion" as used herein shall mean completing the Work in compliance with the Contract Documents in such fashion as to enable Owner, upon performance of any separate work to be done by Owner, to obtain the necessary permits and certifications to legally use the Work, to take possession of the Work, and to commence use of the completed Work for its intended purpose, and that the Work is completed except for so-called punch list items of a minor nature which the Contractor shall promptly complete with minimal interference to the Owner. When Contractor considers that the Work, or a designated portion thereof, is substantially complete, Contractor shall prepare and submit to Owner for Owner's approval a so-called punch list of items to be completed or corrected. The failure to include any items on such so-called punch list shall not alter the responsibility of Contractor to complete all of the Work required to be performed hereunder by Contractor in accordance with the Contract Documents. When the Work or designated portion thereof is substantially complete, the Contractor will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided. Within 14 days after the execution of this contract, Contractor shall furnish Owner with a schedule setting forth the expected dates for commencement and completion of each of the various stages of construction to be performed by Contractor pursuant to this Contract which is included in the attached Exhibits. Said schedule shall be updated by Contractor as necessary and revisions in said schedule shall be furnished to Owner. It is specifically understood that Owner will utilize said schedule as it is revised from time to time to determine final dates upon which to make decisions it must make with respect to the Work. Both Contractor and Owner waive any claims they may have against each other for lost profits, consequential JJPPCW061305-2 damages, or other special damages, which may arise out of this Contract. 3. PROGRESS PAYMENTS Progress payments shall be made by Owner to Contractor, upon receipt by Owner of billing therefor, as follows: a. Contractor shall submit to Owner on or about the twenty-fifth (25`h) day of each month, an application for payment covering ninety (90) percent of construction costs for Work furnished during the preceding month, based upon a schedule of values to be provided prior to the first application for payment, and approved by the Owner, of the various parts of the Work aggregating the Guaranteed Maximum Price. Notwithstanding the foregoing sentence, upon completion of fifty (50) percent of the Work, Contractor shall submit to Owner on or about the twenty-fifth (25`h) day of each month, an application for payment covering Contractor's estimate of one hundred (100) percent of subcontract Work furnished during the preceding month earned as a result, based upon the schedule of values of the Work aggregating the Guaranteed Maximum Price, there being no additional amounts retained thereafter by Owner, the effect being that upon substantial completion of the Work, the retainage will be equal to 5 percent of the cost of the Work. Such applications for payment shall be paid within twenty-one (21) days after receipt thereof by Owner. Page 4 of 17 At the time(s) of Substantial Completion, the Owner shall certify in writing that the Work is substantially completed and the Owner and Contractor shall prepare a list of all incomplete or defective Work and establish a reasonable value therefor. Upon certification of Substantial Completion and documentation of the costs associated with incomplete and so-called punch list items, the remaining unpaid balance of the contract value is due. The Owner may withhold a sum equal to one hundred (100) percent of the value of such "punch list" items. The portion of the withheld funds attributable to the completed punch list items shall become Contractor Initials Owner Initials CONTRACT due and be paid to the Contractor upon receipt of an application for payment. b. Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation into the, Work and for materials and equipment suitably stored off-site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest. C. Each application shall include satisfactory evidence of the proper payment by Contractor of all indebtedness incurred for material, labor and equipment, the cost of which was included in any application for payment submitted hereunder and either previously paid or to be paid by Owner which evidence shall be in the form of waiver of liens (see attached Exhibits) executed by all subcontractors, laborers and materialmen who have rendered services, performed Work or furnished material the cost of which is included in any application for payment under this Contract and is in excess of twenty five thousand dollars ($25,000); and when required by any lender in accordance with the terms of a loan made to Owner in connection with the Work, a written certificate stating that Contractor has received no affidavits or other notices in connection with the obtaining of a mechanic's lien from any subcontractor, laborer, or materialman. d. All applications for payment under this Contract, including the application for final payment, shall be submitted by Contractor and shall be subject to the approval of Owner and/or, if required by Owner, Owner's representative. Owner shall cause all applications for payment under this Contract, including the application for final payment, which such applications for payment are in accordance with the Contract Documents to be approved by Owner and, if required by Owner, by Owner's representative, within fourteen (14) days receipt thereof by Owner, it being specifically understood that Owner and Owner's JJPPCW061305-2 representative shall not be entitled to withhold any approval of any application for payment under this Contract if such application for payment is in accordance with the Contract Documents or as otherwise provided below. 4. FINAL PAYMENT Immediately after final completion of the Work, Contractor shall submit a final application for payment covering all amounts payable hereunder to Contractor. All documentation necessary to perfect Owner's interests in applicable warranties for materials and/or equipment provided in the construction by the /Contractor or any materialmen or subcontractor for which Contractor is responsible. Final payment of one hundred (100) percent of all payments including retainage due under this Contract shall be made within twenty-one (2 1) days after receipt of said final application for payment. 5. CORRECTION OF WORK Contractor warrants that all Work done under this Contract will be free of faulty materials or workmanship and shall be completed in accordance with the requirements of the Contract Documents and hereby agrees, immediately upon observing such defects or receiving notification from Owner, to promptly investigate such notification, and remedy, repair or replace within thirty (30) days, without cost to Owner all such defects, damages or imperfections which may appear as a result of faulty materials or workmanship in said work, at any time, or from time to time, during a period beginning with the commencement of Work and ending one (1) year after the date of substantial completion of the work. The foregoing warranty of Contractor does not guarantee against damage to the Work sustained by lack of normal maintenance or as a result of changes or additions made or done by persons not directly responsible to Contractor, except where such changes or additions are made in accordance with Contractor's directions. No guarantee furnished by a party other than Contractor with respect to equipment manufactured or supplied by such party shall relieve Contractor from the foregoing warranty obligation of Contractor and the warranty period set forth hereinabove shall not apply to latent defects appearing in the work, and with respect to such defects, the applicable statute of limitations shall apply. Page 5 of 17 Contractor Initials Owner Initials CONTRACT 6. PERMITS AND REGULATIONS The Owner, at its own cost, shall obtain all municipal planning approval including variances, subdivision, and site plan approvals, and building permits necessary for the construction of the facility described in the attached Exhibits. Any permits required to be obtained from any other governmental authority by Contractor shall be paid for by Owner, the cost of said permits being an addition to the Guaranteed Maximum Price set forth hereinabove. In the event that such other permits have been included as a related scope to construction of the work, the cost will be included in the Guaranteed Maximum Price. Reference is made to the fact that it is the responsibility of the Owner, acting directly or through their Architect, to make certain that the Work complies with all applicable state and local building codes or similar laws and all applicable zoning ordinances. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations and orders of any public authority bearing on the performance of the Contractor's work. Without any way limiting the responsibilities of Contractor set forth hereinabove, if Contractor observes that any of the Contract Documents are at a variance therewith in any respect, Contractor shall promptly notify Owner in writing, and any necessary change shall be adjusted by appropriate modification. If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to Owner, Contractor shall assume full responsibility therefor and shall bear all costs attributable thereto. 7. PROTECTION OF PERSONS AND PROPERTY Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. Contractor shall take reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: 1) all employees on the Work and all other persons who may be affected thereby; 2) all Work and all materials and equipment to be incorporated therein, whether in storage on or JJPPCW061305-2 off the site, under the care, custody, or control of Contractor or subcontractors; and, 3) other property at the site or adjacent thereto, including trees, shrubs, lawn, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Contractor shall at all times enforce order among those performing the Work and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. Contractor in performing the Work shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, and shall promulgate safety regulations and notify owners and users of adjacent sites and utilities. Contractor shall designate a responsible member of Contractor's organization employed at the site of the Work whose duty shall be the prevention of accidents. Such person shall be Contractor's superintendent unless otherwise designated in writing by Contractor or Owner. All damage or loss to any property caused in whole or in part by Contractor, or anyone directly or indirectly employed by Contractor, or by anyone for whose acts Contractor may be liable, shall be remedied by Contractor, except damage or loss attributable to the acts or omissions of Owner or anyone employed by Owner or for whose acts Owner may be liable and not attributable to the fault or negligence of Contractor. In any emergency affecting the safety of persons or property, Contractor shall act at its discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by Contractor on account of emergency Work shall be determined by mutual agreement between Owner and Contractor. Page 6 of 17 Contractor Initials Owner Initials CONTRACT 8. INSPECTION OF WORK Owner and Owner's representatives shall at all times have access to the Work wherever it is in preparation or progress, and Contractor shall provide proper facilities for such access and for inspection. Contractor shall keep the Owner informed of the progress of the work. If the specifications, Owner's timely -given instruction, or any public authority require any Work to be specially tested, inspected or approved, Contractor shall give Owner timely notice of its readiness for inspection and, if the inspection is by a party other than Owner, of the date fixed for such inspection. Inspections by Owner shall be promptly made; and where practicable, shall be at the source of supply. Re-examination of questioned Work may be ordered by Owner and if so ordered, the Work shall be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, Owner shall pay the cost of re-examination and replacement. If such Work is found not to be in accordance with the Contract Documents, Contractor shall pay such cost, unless Contractor shall show that the defect in the Work was caused by another contractor independently engaged by Owner to perform such Work and such Work was not within the scope of the Work to be performed hereunder in which case Owner shall pay such costs. In any situation where Owner pays such costs, the Contractor shall be given additional time to repair or replace the Work and continue with the scope of work. 9. SUPERVISION Contractor shall keep on the site during its progress a competent project manager, full time project superintendent and any necessary assistants, all satisfactory to Owner. Contractor shall use its best efforts to assure that the same project manager and the same supervisory personnel as are initially assigned to the Work shall be assigned to the Work until the Work is fully completed. The project manager shall represent Contractor and all directions given, to the project manager shall be as binding as if given to Contractor. Important directions shall be confirmed in writing to Contractor, and other directions shall be so confirmed to Contractor upon the written request of Contractor in each case. JJPPCW061305-2 Within 15 days after execution of this Contract, Owner shall provide Contractor working drawings and specifications for each aspect of the facility described in the attached Exhibits, it being specifically understood that such working drawings and specifications shall include but not be limited to working drawings and specifications with respect to site work, architectural, structural, plumbing, fire protection heating, ventilating, air conditioning, and electrical work. Failure of Owner to notify Contractor as aforesaid and to advise Contractor in such notice as to the specific grounds for objection and disapproval of any such working drawing or specification shall constitute approval by Owner of such working drawing or specification. Any working drawings and specifications provided by Owner to Contractor through a change subsequent to the execution of this Contract shall be deemed to be annexed to this Contract and made a part hereof for the purpose of listing and describing those aspects of said facility not expressly described in the attached Exhibits but inferable therefrom as being necessary to produce a facility suitable and satisfactory for the use for which said facility is intended. Following agreement by Contractor and Owner with respect to said working drawings and specifications, it shall be Contractor's responsibility to perform the Work described in said working drawings and specifications in accordance with the Contract Documents. 10. CHANGES IN THE WORK Owner, without invalidating this Contract, may order extra Work or make changes by altering, adding to, or deducting from the work, the Guaranteed Maximum Price and the time for substantial completion each set forth hereinabove being adjusted accordingly, all by written change order prior to the commencement of work. Unless otherwise specified, all such Work shall be executed under the conditions of the original Contract and any claims for extensions of time caused thereby shall be adjusted by mutual agreement at the time of ordering such change. The Guaranteed Maximum Price and the time for substantial completion shall be equitably adjusted should Contractor incur expenses of reconstruction and/or costs to replace and/or repair damaged material and supplies to the extent covered by Owner's insurance and provided that Contractor is not compensated for such expenses and/or costs by insurance or otherwise and that such Page 7 of 17 Contractor Initials Owner Initials CONTRACT expenses and/or costs have resulted from causes other than the fault or neglect of Contractor, or any party retained by, through or under Contractor in connection with the construction of the work. Such expenses and costs shall include costs incurred as a result of any act or neglect of Owner or of any employee, agent or tenant of Owner, any act or neglect of any separate contractor employed by Owner and/or any casualty or so-called "war -risk". 11. ALLOWANCES AND CLAIMS If Contractor claims that any instructions provided by Owner and/or any act or omission of Owner or of any employee, agent or tenant of Owner involve extra cost, and/or that, in accordance with Paragraph 17, concealed conditions have been encountered, Contractor shall give written notice and justification thereof within a reasonable time after the receipt of such instructions, the occurrence of such act or omission and/or the incurring of such expenses and/or costs, and provided that such claim is reasonable and supported by clear evidence, such claim shall be treated as a change in the Work for which the Guaranteed Maximum Price and the time of substantial completion each set forth hereinabove shall be equitably adjusted by mutual agreement. No such claim shall be valid unless so made. Reference is made to the fact that Contractor has included within the Guaranteed Maximum Price set forth hereinabove all allowances stated in the Contract Documents. Items covered by said allowances shall be supplied for such amounts and by such persons as Owner may direct, but Contractor shall not be required to employ persons against whom Contractor makes a reasonable objection. Unless otherwise. expressly provided herein: 1) said allowances include a reasonable estimate by the Contractor of the costs of the Work attributable to items covered by said allowances; 2) whenever the cost of the Work attributable to items covered by an allowance is more than or less than the specific allowance, the Guaranteed Maximum Price set forth hereinabove shall be adjusted accordingly by a Change Order. The cost of services of an independent structural peer reviewer shall be paid for by the Owner. Added costs associated with the structural changes, associated cost and time delays created by peer review shall be the responsibility of the Owner. 13. SEPARATE CONTRACTS Owner reserves the right to let other contracts in connection with the construction of portions of the Work which are not being constructed by Contractor hereunder. Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work and shall properly connect and coordinate its Work with theirs. If any part of Contractor's Work or schedule depends on proper execution or relies upon the Work of any such contractor, Contractor shall inspect and promptly report to Owner any potential delays, apparent discrepancies or defects in such Work that render it unsuitable for such proper execution and results. Failure of Contractor to report delays and inspect Work shall constitute an acceptance of the other contractor's Work as fit and proper to receive its work, except as to defects not then reasonably discoverable. In the event that the Owner elects to award separate contracts in connection with other portions of the Project or other construction and/or operations on the site, the Owner shall be responsible for all procurement and shall indemnify and hold harmless the Contractor with respect to any and all costs related to and claims arising out of the performance of the Owner's separate contractors. In addition, the Owner shall insure that all separate contracts include indemnification and insurance provisions identical to those provisions in the Contractor's standard subcontract agreement on the project. These indemnification and insurance provisions shall require that the Contractor be a named indemnitee with respect to indemnification provisions and an additional insured on a primary and non-contributory basis with respect to the insurance provisions supporting the indemnification provisions. Prior to the commencement of Work by any separate contractor, the Owner shall .provide the Contractor a copy of the executed contract agreement and satisfactory evidence that the required insurance coverages are in place in form and substance satisfactory to Contractor. Page 8 of 17 JJPPCW061305-2 Contractor Initials Owner Initials CONTRACT 14. USE OF PREMISES Contractor shall confine operations at the site of the Work to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site of the Work with any materials or equipment. Contractor shall not knowingly load or permit any part of the Work to be loaded with a weight so as to endanger the safety of persons or property at the site of the work. 15. CLEAN UP Contractor shall at all times keep the site of the Work free from accumulations of waste material or rubbish caused by performance of the Work by the Contractor or subcontractors; and at the completion of the work, Contractor shall remove from the site of the Work all such waste material and rubbish and all tools, scaffolding, and surplus materials belonging to Contractor and/or to Contractor's subcontractors, laborers, or materialmen, it being specifically understood that Contractor shall leave the Work "broom clean", or its equivalent, unless more exactly specified. 16. SITE REPRESENTATION Owner warrants and represents that Owner has, and will continue to retain at all times during the course of construction unless the Contractor is otherwise promptly notified in writing, legal title to the land upon which the facility described in the attached Exhibits is to be constructed and Owner represents and warrants that said land is properly subdivided and zoned so as to permit the construction and use of said facility. Owner further warrants and represents that title to said land is free of any recorded easements, other than those easements listed and described in the Owner's Duplicate Certificate of Title (a copy of which is available for inspection by the Contractor) which would prevent, limit or otherwise restrict the construction or use of said facility. Reference is made to the fact that Contractor has obtained from the Owner site information, including information with respect to soil conditions, existing building and structures, easements, restrictions and utility locations, and that Contractor has relied upon such information as well as the aforementioned representation in determining the Guaranteed Maximum Price. Owner agrees to indemnify and hold Contractor harmless from any losses, expenses or damages Contractor my sustain in connection with the JJPPCW061305-2 construction of said facility because of differences between existing conditions and those conditions represented to Contractor hereinabove. 17. CONCEALED CONDITIONS Should concealed or unknown conditions encountered in the performance of the Work below the surface of the ground or in an existing structure be at variance with the conditions indicated by the Contract Documents or should unknown physical conditions below the surface of the ground or concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the Work of the character provided for in this Contract, be encountered, the Guaranteed Maximum Price and the time for substantial completion shall be equitably adjusted in accordance with Paragraphs 10 and 11 upon claim within a reasonable time after the first observance of such conditions. 18. TITLE TO WORK Contractor agrees that title to all work, materials and equipment covered by any application for payment submitted hereunder shall pass to Owner either by incorporation in the construction of the Work or upon receipt of payment therefor by Contractor, whichever occurs first, free and clear of all liens, claims, security interests and encumbrances, and Contractor warrants and represents that no work, materials or equipment covered by any application for payment submitted hereunder shall have been acquired by Contractor or by any party retained by, through or under Contractor in connection with the construction of the Work subject to any agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by Contractor or any other party. 19. LIABILITY OF CONTRACTOR The Contractor shall defend, indemnify and hold Owner, its agents, employees, directors, officers, shareholders, members and affiliated companies harmless from any and all claims by any third party (including reasonable attorneys' fees and costs of litigation) resulting from a breach of any covenant, representation or warranty herein, or from any act, omission or misrepresentation by Contractor, and/or Contractor's employees, agents or representatives. In addition, Contractor shall defend, indemnify and hold Page 9 of 17 Contractor Initials Owner Initials CONTRACT Owner, its agents, employees, directors, officers, and shareholders harmless from any claims by any other party (including reasonable attorneys' fees and costs of litigation) resulting from performance of the Work by Contractor. The Contractor's indemnification shall not apply to any claims or actions brought by any one or more of the Contractor's employees against the Owner for any injuries that were (or could be) brought by the Contractor's employee or employees against the Contractor under any applicable Workers' Compensation insurance program or statute. Contractor shall be liable under this Section only to the extent of its own direct negligence, fault or liability therefor. Owner agrees to notify the Contractor promptly of any written claims or demands against Owner for which the Contractor is alleged to be responsible hereunder. If the Contractor causes damage to the Work or property of any separate vendor on the Site, except when Contractor has notified Owner pursuant to paragraph 16 of any restrictions on the vendor's presence on, or Work at the site due to safety or concerns for damage to the vendor's Work or property, the Contractor shall, upon due notice, settle with such separate vendor by agreement. If such separate vendor sues Owner on account of any damage alleged to have been so sustained, Owner shall notify the Contractor of such proceedings. 20. WAIVER OF BREACH The failure of Owner or Contractor at any time to require performance of any provision hereof with respect to a particular matter shall in no way affect the right of Owner or Contractor to enforce such provision at a later date with respect to that or another matter; nor shall the waiver by Owner or Contractor of any breach of any provision hereof be taken or held to be a waiver with respect to any such breach or a succeeding breach of such provision or as a waiver of the provision itself unless such waiver is made in writing. Notwithstanding the foregoing, the making of final payment shall constitute a waiver of all claims by Owner except those arising from: 1) mechanic's liens arising out of services rendered, Work performed and/or material furnished by Contractor or by any party JJPPCW061305-2 retained by, through or under Contractor, whether such liens be filed before or after the making of final payment; 2) faulty or defective Work appearing after the date of substantial completion, and prior to the date of the expiration of any warranty or guaranty with respect to such Work provided for in, or pursuant to, the contract documents; 3) failure of the Work to comply with the requirements of the Contract Documents; 4) terms of any special guarantee required by the Contract Documents; 5) terms of the guarantee set forth in Paragraph 6; or, 6) latent defects; and the acceptance of final payment shall constitute a waiver of all claims by Contractor except those previously made in writing and identified as unsettled at the time of making the final application for payment. 21. INSURANCE A. CONTRACTOR'S LIABILITY INSURANCE. Contractor shall maintain in companies satisfactory to Owner such insurance as will protect it from claims set forth hereinbelow which may arise out of or result from Contractor's operations under this Contract, whether such operations be by Contractor, by anyone directly or indirectly employed by Contractor or by anyone for whose acts Contractor may be liable: 1) claims under workmen's compensation, disability benefit and other similar employee benefit acts; 2) claims for damages because of bodily injury, occupational sickness, disease or death of Contractor's employees; 3) claims for damages because of bodily injury, sickness, disease or death of any person other than an employee of Contractor; Page 10 of 17 Contractor Initials Owner Initials CONTRACT 4) claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor or (2) by any other person; 5) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; The aforesaid insurance required to be maintained by Contractor shall not be written for less than any limits of liability specified in the Contract Documents or less than any limits required by law, whichever is greater. Notwithstanding the foregoing, Contractor's comprehensive general liability insurance and automobile liability insurance required hereunder shall be in an amount not less than $500,000 for injuries, including accidental death, to any one person and in an amount not less than $1,000,000 on account of any one occurrence, and Contractor's property damage liability insurance required hereunder shall be in an amount not less than $500,000 on account of any one occurrence. Certificates of insurance evidencing that Contractor has obtained the aforesaid coverages and policy endorsements naming Owner as an additional insured with respect to such coverages shall be filed with Owner prior to commencement of construction of the work. Such certificates shall be in form and substance reasonably acceptable to Owner and shall contain a provision the aforesaid coverages shall not be materially changed or canceled until at least fifteen (15) days prior written notice has been given to Owner. B. OWNER'S LIABILITY INSURANCE. Owner shall be responsible for purchasing and maintaining its own liability insurance and, at its option, may purchase and maintain such insurance as will protect it against claims, which may arise from operations under this Contract. C. PROPERTY INSURANCE. Owner shall purchase and maintain property insurance upon the entire Work located at the site on a replacement cost basis. Such insurance shall include the interests of Owner, Contractor, subcontractors, and sub- JJPPCW061305-2 subcontractors in the work, shall insure against all perils normally covered in an "all risk" form and shall contain an acknowledgment by the insurer which bars all rights of subrogation against the parties insured, it being specifically understood that all rights of Contractor and Owner against each other for damages caused by fire and other perils to the extent covered by insurance provided under this subparagraph C are waived, and insofar as any such rights for damages shall be for consequential damages, such rights are waived whether or not such consequential damages are covered by insurance provided under this subparagraph C. Any insured loss is to be adjusted with Owner and made payable to Owner as fiduciary for the insured, as their interests may appear, subject to the requirements of any applicable mortgagee clause. Owner shall, before an exposure to loss may occur, file a copy of a certificate of insurance with Contractor evidencing that Owner has obtained the aforesaid property insurance coverage. If Owner does not intend to purchase such property insurance coverage, Owner shall inform Contractor in writing prior to commencement of the work. Contractor may then effect property insurance coverage which will protect the interests of itself, its subcontractors and the sub - subcontractors in the work, and the cost thereof shall be charged to Owner, such cost thereof being an addition to the Guaranteed Maximum Price set forth hereinabove. If Contractor is damaged by failure of Owner to purchase or maintain such property insurance coverage and so to notify Contractor, then Owner shall bear all reasonable costs properly attributable thereto. 22. BONDS Contractor, if required by Owner, shall, at the Owner's request, furnish to Owner and keep in force during the term of the Contract performance and labor and material payment bonds guaranteeing that the Contractor will perform its obligations under the Contract and will pay for all labor and materials furnished for the work. Such bonds shall be issued in a form and by a surety reasonably acceptable to Owner, shall be submitted to Owner for approval as to form, shall name the Owner and its lender as obligees and shall be in an amount equal to at least 100 percent of the Guaranteed Maximum Price (as the same may be adjusted from time to time pursuant to the Contract). The Contractor shall deliver the executed, approved bonds to the Owner within seven (7) days after execution of this Contract. Subcontractors and sub -subcontractors may also be Page 11 of 17 Contractor Initials Owner Initials CONTRACT required by the Owner to obtain and provide performance and labor and material payment bonds, issued in an amount and form and by a surety reasonably acceptable to the Contractor. In the event a subcontractor or sub -subcontractor is not able to provide the required bond, then the Owner may request a new' subcontractor or sub -subcontractor to perform the work. Additional fees associated with the new subcontractor or sub -subcontractor will be borne by the Owner. The costs of all bonds if required hereunder by Owner shall be an added cost to the Guaranteed Maximum Price. The Owner shall have the right to request a subcontractor bond. Subcontractor bonds required to be provided hereunder in which event the amount of the premium of any such included bond shall be added to the Guaranteed Maximum Price by appropriate change order. Upon the request of any person or entity appearing to be a potential beneficiary of any of the bonds required hereunder, the Contractor promptly shall furnish a copy of the bonds or shall permit a copy thereof to be made and delivered to such person or entity. 23. CONTRACT DOCUMENTS The Contract Documents which form the entire Contract by and between Owner and Contractor consist of this Guaranteed Maximum Price Contract and the attached Exhibits as may be modified as provided herein. The Contract Documents shall be executed and/or initialed as appropriate, in duplicate by Owner and Contractor. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. The intention of the Documents is to include all labor and materials reasonably necessary for the proper execution and completion of the work. It is not intended that Work not covered under any heading, section, branch, class or trade of the specifications shall be supplied, unless it is required elsewhere in the Contract Documents or is reasonably inferable therefrom as being necessary to produce the intended results in which case such Work shall be supplied by Contractor. It is the intent of the Contract Documents to have all systems complete and in proper operation upon final completion of the Project. Words which have well-known technical or trade meanings are used herein in accordance with such recognized meanings. Mutual agreement shall be reached with respect to words which do not have a well- known technical or trade meaning and the definition of which come into question. JJPPCW061305-2 Should the contract drawings conflict with the contract outline summary, the project summary shall govern unless otherwise agreed in writing. In the case of discrepancies between working drawings and specifications prepared hereunder by Contractor and approved by Owner, those approved drawings and specifications bearing the latest date shall govern. All working drawing and specification changes shall be dated and sequentially recorded. All modifications to drawings and specifications shall be interpreted in conformity with the Contract Documents which shall govern unless otherwise specified. 24. OWNER'S RIGHT TO TERMINATE CONTRACT If Contractor should be adjudged a bankrupt, or if Contractor shall make a general assignment for the benefit of creditors, or if a receiver is appointed on account of the Contractor's insolvency, or if Contractor persistently or repeatedly refuses or fails to supply enough properly skilled workmen or proper materials, or if Contractor should fail to make prompt payment either to subcontractors or for materials or labor in accordance with their respective agreements, or persistently disregards laws or ordinances or the instructions of Owner given in a valid manner pursuant to the Contract Documents or otherwise be guilty of a substantial violation of a provision of the Contract Documents, then Owner may, without prejudice to any other right or remedy and after giving Contractor and Contractor's surety, if any, seven (7) days written notice, terminate the employment of Contractor and take possession of the Work and of all materials, tools, construction equipment and appliances at the site of the work, whether or not owned by the Contractor, and finish the Work by whatever method Owner may deem expedient. In such case the Owner may accept assignment of subcontracts as provided below. In such case, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Guaranteed Maximum Price set forth hereinabove shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, and including any additional carrying costs and expenses incurred by Owner and attributable to any suspension or delay in the completion of the Work resulting from such termination, such excess shall be promptly paid to Contractor. If such expense shall exceed such unpaid balance, Contractor shall promptly pay the difference to Owner upon demand. If requested and paid for by Contractor, the costs incurred by Owner Page 12 of 17 Contractor Initials Owner Initials CONTRACT as herein provided shall be certified by an independent certified public accountant. Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that the assignment is effective only after termination of this Contract by the Owner for cause and only for those subcontract agreements, which the Owner accepts by notifying the subcontractors in writing. The Contractor shall require each subcontractor to agree in writing to the foregoing conditional assignment. JJPPCW061305-2 25. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT Notwithstanding anything to the contrary set forth in this Contract, if the Work should be stopped by Owner or Owner's agents or stopped under an order of any court or other public authority for a period of thirty (30) days, through no act or fault of Contractor or of anyone employed by Contractor or for which the Contractor is liable, or if Owner should fail to pay Contractor without cause within twenty-one (2 1) days after receipt of any application for payment submitted in accordance with the Contract Documents, or if Owner fails to provide proof of adequate funding, then Contractor may, upon seven (7) days written notice to Owner, terminate this Contract and recover from Owner payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages. Further, in the event that the Owner has failed to pay Contractor within days after Owner's receipt of any request for payment submitted and approved in accordance with the Contract Documents, then Contractor may charge Owner interest from the expiration of said twenty-one (2 1) day period until such payment is received at a rate per annum equal to the then prime rate plus two (2) percent, such interest charge being an addition to the Guaranteed Maximum Price set forth hereinabove. Should Owner for any reason breach this Contract by failing to pay an application for payment submitted in accordance with the Contract Documents and should Contractor be required to retain an attorney to collect such payment, and should Contractor successfully recover part or all of any such application for payment, Owner shall indemnify Contractor for and on account of any attorneys' fees and costs expended by Contractor in connection with the collection of such payment, whether those fees and/or costs were incurred prior to or following the filing of any claim or suit. 26. CONTRACT MODIFICATION No waiver, alteration or modification of any of the provisions of this Contract including, without limitation, changes in work, extensions of time or changes in price shall be binding upon either Owner or Contractor unless the same shall be by change order in writing and signed by both Owner and Contractor. Page 13 of 17 Contractor Initials Owner Initials CONTRACT 27. NOTICES All communications in writing between the parties, including without limitations, applications for payment, shall be deemed to have been received by the addressee when if delivered or when received if sent by certified mail, return receipt requested or by telegram addressed as follows: If to Contractor: John J. Paonessa Co., Inc. 219 Meadowcroft Street Lowell, Massachusetts 01852 ATTN: Sylvain Noiseux, Vice -President of Operations If to Owner: TBI, Inc. 210 Bolt Road North Andover, 845 ATTN: BillTho pso Presiden For the purpose of directions, Contractor's representative shall be: Sylvain Noiseux and Owner'kfcpresentative shall be: Bill Tho so Jr. unless otherwise specified in writing. 28. ASSIGNMENT Neither party to this Contract shall assign this Contract or sublet it as a whole without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder without the prior written consent of Owner. Notwithstanding the foregoing, Owner shall have the right to assign this Contract to any successor in interest or lender (collectively, "Assignee") without the written consent to Contractor provided that Owner notifies Contractor in writing of such assignment within fifteen (15) days after the effective date of such assignment and providing that in the event of any such assignment Owner named herein shall remain fully liable for all obligations hereunder of Owner, including the obligations of Owner to make all payments required by the Contract Documents to be made by Owner to Contractor. After written notification by Owner to Contractor that Owner has assigned this Contract to Assignee, Contractor shall give to Assignee, simultaneously upon giving such to Owner, a copy of any and all notices given by Contractor to Owner pursuant to Paragraph 27, it being specifically understood that no termination of this Contract by Contractor shall be effective against Assignee unless and until notice of such termination has been given to Assignee by Contractor pursuant to and in accordance with this Paragraph. Contractor agrees that Assignee be entitled, on behalf of Owner, to cure any default by Owner under this Contract, and Contractor agrees to accept such performance by Assignee on behalf of Owner. Notwithstanding the foregoing, Assignee shall not be deemed to have assumed any of the obligations of Owner hereunder or to have any liability of any kind hereunder to Contractor unless and until Assignee shall have expressly sought to enforce this Contract against Contractor or unless and until Assignee shall have expressly assumed the obligations of Owner under this Contract. 29. HEADINGS The headings hereunder contained are inserted only as a matter of convenience and reference and are not meant to define, limit or describe the scope or intent of the Contract Documents or in any way to affect the terms and provisions set forth herein. 30. APPLICABLE LAW The terms and provisions of this Contract shall be construed in accordance with the laws of the state in which the facility described in the attached Exhibits is to be situated. 31. SUCCESSION OF RIGHTS AND OBLIGATIONS All rights and obligations under this Contract shall inure to and be binding upon the successors and assigns of the parties hereto. 32. ADDITIONAL DOCUMENTS Contractor agrees to execute and deliver a conditional assignment of this Contract and whatever reasonable Page 14 of 17 JJPPCW061305-2 Contractor Initials Owner Initials CONTRACT additional documents which any lender or public d) Unless otherwise agreed in writing, the authority may require from time to time in order to Contractor shall carry on the Work and effectuate, confirm and/or implement the terms of the maintain its progress during any arbitration Contract and/or loan made to Owner in connection with proceedings, and the Owner shall continue to the premises or the Work to be done by Contractor make payments to the Contractor in accordance hereunder. with the Contract Documents. 33. ARBITRATION a) Claims, disputes and other matters in question between the Owner and Contractor shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect unless the parties agree otherwise. No arbitration arising out of or relating to this Contract shall include, by consolidation or joinder or in any other manner, an additional person not a party hereto except by written consent signed by the Owner, Contractor and any other person sought to be joined. Consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of a dispute not described or with a person not named therein. This provision shall be specifically enforceable in any court of competent jurisdiction within the State of New Hampshire. b) Notice of demand for arbitration shall be filed in writing with the other party and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when the applicable statute of limitations would bar institution of a legal or equitable proceeding based on such claim, dispute or other matter in question. Any arbitration proceeding shall be held in either Lowell, Massachusetts or Bedford, New Hampshire, as the Contractor may select, or at some other location mutually agreeable to the Owner and the Contractor. C) The award rendered by arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. JJPPCW061305-2 e) This Article shall survive completion or termination of the Contract. Owner shall be entitled to appoint an independent architect, construction consultant, engineer or other Owner's representative to undertake any of the Owner designated responsibilities in this Contract. IN WITNESS WHEREOF, the parties hereto by their duly authorized representatives, executed this Contract, in duplicate, as of the day and year first above written. CONTRACTOR: JOHN J. PAONESSA CO., INC. By: Sylvain Noiseux Its Vice President of Operations Hereunto duly authorized Date: OWNER: TBI, Inc.. By: G Bill Its 1 Her Date: Page 15 of 17 authorized Contractor Initials Owner Initials CONTRACT EXHIBIT "SPEC" The specifications and drawings set forth hereinabove are annexed to and made a part of a Contract dated as of December 10, 2007 between TBI, INC. and JOHN J. PAONESSA CO., INC. and are referred to in said Contract as Exhibit "SPEC". Drawings by Brown and Caldwell 1- Dated August 22, 2007 and Revised September 25, 2007 2- Dated August 22, 2007 and Revised September 12, 2007 3 -.Dated August 22, 2007 and Revised September 12, 2007 4- Dated August 22, 2007 and Revised September 12 , 2007 5- Dated August 22, 2007 and Revised September 12, 2007 6- Dated August 22, 2007 and Revised September 14, 2007 7- Dated August 22, 2007 No Revisions 8- Dated August 22, 2007 No Revisions 9- Dated August 22, 2007 No Revisions 10 -Dated August 22, 2007 No Revisions SS -1 Dated October 2, 2007 No Revisions SS -2 Dated October 2, 2007 No Revisions Geo -tech Report dated October 2007 by Brown and Caldwell Proposal by JJP dated December 5, 2007 Page 16 of 17 JJPPCW061305-2 Contractor Initials Owner Initials EXHIBITS EXHIBIT A EXHIBIT "SPEC" - PROJECT SUMMARY DATED December 5, 2007 EXHIBIT B CERTIFICATE OF INSURANCE EXHIBIT D1 GENERAL CONTRACTOR'S PARTIAL WAIVER OF LIENS & INDEMNITY AGREEMENT EXHIBIT D2 GENERAL CONTRACTOR'S FINAL WAIVER OF LIENS & INDEMNITY AGREEMENT EXHIBIT D3 SUBCONTRACTOR'S PARTIAL WAIVER OF LIENS & INDEMNITY AGREEMENT EXHIBIT D4 SUBCONTRACTOR'S FINAL WAIVER OF LIENS & INDEMNITY AGREEMENT EXHIBIT E SITE SCOPE OF WORK DATED N/A EXHIBIT F PROPOSAL DATED December 5', 2007 Page 17 of 17 JJPPCW061305-2 Contractor Initials Owner Initials John J. Paonessa Co., Inc. 219 Meadowcroft Street Lowell, MA 01852 Phone: 978-970-0099 Fax: 978-977 To: Bill Thomson Contact: Bi pson Address: 210 Holt Road Phone: 9 8 686-860 2254 North Andover, MA 01845 Fax: 978- 6-3086 Project Name: TBI Inc. Bid Number: 1 Project Location: 210 Holt Rd, North Andover, MA Bid Date: SF Item # Item Description Estimated Quantity Unit As-Builts 613 AS-Builts 1.00 LS Bit. Curb 2254 Cape Cod Berm 2,855.00 LF Block Retaining Walls 676 E.F Shea Retaining Wall 6,100.00 SF Building Work 125 Unload Rebar Material For GC 1.00 LS 800 4' Foundation Ex & Bf 804.00 LF 801 8' Foundation Ex & Bf 100.00 LF 803 Under Slab Gravel 1,326.00 CY 804 Fine Grade Slab 3,315.00 SY 1004 Install Bollards 14.00 EACH CONCRETE CORING 4398 CORINGS 1.00 EACH Dewatering 603 Dewatering 1.00 LS Drainage 179 1,500 Gallon Septic Tank 2.00 EACH 4304 Double Catch Basin 1.00 EACH 4311 French Drain 120.00 LF 4319 Precast Headwall 1.00 EACH 4341 Stormceptor STC 900 1.00 EACH 4345 Stormceptor STC 450i 3.00 EACH 4366 4' CATCH BASIN 20.00 EACH 4367 4' DRAIN MANHOLE 10.00 EACH 4370 CLEAN-OUT Drain 2.00 EACH 4375 6" HDPE N-12 440.00 LF 4375 8" HDPE N-12 327.00 LF 4376 12" HDPE N-12 44.00 LF 4377 10" HDPE N-12 145.00 LF 4378 18" HDPE N-12 20.00 LF 4379 6" SDR -17 PERF 220.00 LF 4380 Riprap 56.00 SY 4381 12" RCP CLIV 1,451.00 LF 4382 15" RCP CLIV 347.00 LF 4383 18" RCP CLIV 925.00 LF 4384 36" HDPE N-12 40.00 LF 4387 Drain Frame & Grate 22.00 EACH 4388 Drain Frame & Cover 10.00 EACH 4430 Detention/infiltration System 1.00 LS Dust Control 601 Construction Entrance 1.00 EACH 602 Dust Control 1.00 LS Electrical 12/5/2007 12:20:10 PM Page 1 of 4 John J. Paonessa Co., Inc. 219 Meadowcroft Street Lowell, MA 01852 Phone: 978-970-099 Fax: 978-97�-14227 To: Bill Thomson Contact: Bill Thmeson Address: 210 Holt Road Phone: 978-68 701 North Andover, MA 01845 Fax: 978-686-3086 Project Name: TBI Inc. Bid Number: 1 Project Location: 210 Holt Rd, North Andover, MA Bid Date: LF Item # Item Description Estimated Quantity Unit 700 Light Pole Base 3.00 EACH 701 Transformer Pad 1.00 EACH 702 Primary Ex & Bf 122.00 LF 703 Site Lighting 280.00 LF Erosion Control 604 Erosion Control 1,004.00 LF Excavation 100 Excavation 22,486.00 CY 104 Dispose Excess 7,656.00 CY 107 1 1/2" Washed Stone For French Drain 40.00 CY 122 Excavate Unsuitables & Replace With Granular Fill 9,128.00 CY Filter Fabric 272 Geo -Textile Fabric 56.00 SY Gas Line 750 Gas Trench Ex & Bf 220.00 LF Grading 102 Rough Grade 30,609.00 SY Gravel 105 Gravel Parking 12" 6,958.00 CY 106 Gravel Load Pad & Scale House 53.00 CY Landscaping 2000 Hydroseeding 4,657.00 SY Loam 123 Purchase Topsoil 932.00 CY 451 Respread Loam 932.00 CY Pavement Markings 300 Pavement Markings 1.00 LS Paving 2250 3" Asphalt Paving 20,290.00 SY 2259 1 1/2" Overlay Pavement 4,270.00 SY 2261 Tack Coat 24,560.00 SY Retaining Wall 678 E&B C.I.P. Retaining Wall 140.00 LF Sawcutting 3264 Pavement Sawcutting 1,620.00 LF Sewer 151 4" SCH40 PVC 702.00 LF 156 SEWER CLEAN-OUT 6.00 EACH 159 Sewer Frame & Cover 4.00 EACH 174 Septic System 1.00 LS Traffic Signs 1003 Traffic Sign 22.00 EACH Trench Drains 4399 Trench Drains 120.00 LF Water 12/5/2007 12:20:10 PM Page 2 of 4 John J. Paonessa Co., Inc. 219 Meadowcroft Street Lowell, MA 01852 Phone: 978-970-0099 Fax: 978-938=T4.27 To: Bill Thomson Contact: Bill t(ompson Address: 210 Holt Road Phone: 9768&-060'4 2.00 EACH North Andover, MA 01845 Fax: 978-686-3086 Project Name: TBI Inc. Bid Number: 1 Project Location: 210 Holt Rd, North Andover, MA Bid Date: 8" DIP CL 52 Item # Item Description Estimated Quantity Unit 1318 8" Flange & Cap 2.00 EACH 1321 6" Flange W/Cap 2.00 EACH 1323 8" Mega -Lugs 10.00 EACH 1324 6" Mega -Lugs 10.00 EACH 1329 6" DIP CL 52 125.00 LF 1330 8" DIP CL 52 125.00 LF 1351 WATER TESTING 1.00 LS 1355 8" DI 90' BEND 2.00 EACH 1364 6" GV W/Box 2.00 EACH 1369 8" GV W/Box 2.00 EACH 1371 6" DI 90' Bend 2.00 EACH Total Bid Price: $1,495,552.35 Notes: 0 0 Payment Terms: • EXCLUSIONS • Concrete work except noted • Conduit, Light poles or fixtures • Temp. Fencing or construction fencing • Foundation Drains • Fuel Tank Removal • Removal of hazardous or contaminated material or water. • Irrigation • Landscaping • Ledge removal is not part of this proposal. Any removal of ledge will be agreed to under separate unit prices. • Price shown DOES NOT include Performance and Payment bond. • Any work needing a licensed plumber or electrician • Work done by RLS/RPE • Security • Termite Control • Testing of soils or existing water • Topsoil Amendments • Unsuitable excavation and replacement- except building is included in bid • Vapor barrier or waterproofing ' ainter Conditions • Any work offsite • Any Fencing • Railings at top of walls • E & B for any interior work (no plans) Payment due 30 days of date of requstion. 12/5/2007 12:20:10 PM Page 3 of 4 John J. Paonessa co., Inc. 219 Meadowcroft Street Lowell, MA 01852 Phone: 97'9 0-1099 Fax: 97'"0-1`427 To: Bill Thomson Contact: ill Thompson Address: 210 Holt Road Phone: 78-686-8 4 North Andover, MA 01845 Fax: 9 - 6-3086 Project Name: TBI Inc. Bid Number: 1 Project Location: 210 Holt Rd, North Andover, MA Bid Date: ACCEPTED: The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer: Signature: Date of Acceptance: 12/5/2007 12:20:10 PM CONFIRMED: John J. Paonessa Co., Inc. Authorized Signature: Estimator: Sylvain Noiseux 978-970-0099 sylvain@jjpcoinc.com Page 4 of 4 .ACORD CERTIFICATE OF LIABILITY INSURANCE 12/11/2 0 ) PRODUCER (978)692-3330 FAX (978) 692-0728 Appleby & Wyman Insurance Agency, Inc. 234 Littleton Road, Suite 1F P.O. Box 330 Westford, MA 01886 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED John J. Paonessa Co., Inc. 219 Meadowcroft Street Lowell, MA 01852 INSURERA: Acadia Insurance Co. 173 INSURERS: Construction Indus Compen Corp INSURER C: INSURER D: INSURER E: L'nVFRAr_FS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TR DD' NSRGENERAL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS North Andover, MA 01845 LIABILITY CPA0129235 10/01/2007 10/01/2008 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAIMS MADE M OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PROJECT LOC AUTOMOBILE LIABILITY MAA0129236 10/01/2007 10/01/2008 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) A BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO E AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY CUA0129237 10/01/2007 10/01/2008 EACH OCCURRENCE $ 10,000,000 X OCCUR FI CLAIMS MADE AGGREGATE $ 10,000,000 $ A $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC0009457 01/01/2007 01/01/2008 OH- X I WC STATU- I IETR TOR LIABILITY E.L. EACH ACCIDENT $ 500,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYE $ 500,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ 500,00 H R I� Any Auto Liability CAA0155121 10/01/2007 10/01/2008 1,000,000 A DESCRIPTION OF OPERATIONS] OCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS rOJect: TBI Facility BI, Inc. is listed as additional insured with regard to general liability if required by written contract as it relates to insureds operations at the above noted project. CFRTIFICATF NrN nFR CONCFI I ATION ACORD 25 (2001/08) FAX: (978)686-3086 PDF created with pdfFactory trial version www.pdffactory.com ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, TBI, Inc. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 210 Holt Road OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE North Andover, MA 01845 Anne Ber eron/BERGER ACORD 25 (2001/08) FAX: (978)686-3086 PDF created with pdfFactory trial version www.pdffactory.com ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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NOTICE OF DECISION Date: October 3, 2007 Date of Hearings: August 12, 2007, September 4, 2007, and October 2, 2007 Date of Decisiow October 2, 2007 Petition of- Thomson Brothers Industries (TBI), Inc., 210 Holt Road, North Andover, MA 01845 Premises Affected: 210 J1olt Road, North Andover, MA within the Industrial -2 Zoning Distfict, Assessors Map 34, Parcels L27, L38, L40 & Map 77, Parcel L14. Referring to the above petition for a Site Plan Review Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A, Sec. 9 So as to allow the construction of a 30,000 s.f recycling and solid waste transfer station, extensive grading, lighting plan, landscape improvements, drainage easement, 'and other unprovements within the Industrial 2 Zoning District. After a public hearing given on the above date, the Planning Board voted to APPROVE A SITE PLAN REVIEW SPECIAL PERMIT based upon the following conditions: C -No h Andover �Planni o�ard Abutters Richard Nardella, Chairman Surrounding Towns John Simons, Vice Chairman Jennifer Kusek Tim Seibert, Alternate Bldg. ZBA Con/Com Health Fire Chief Police Chief Town Clerk I DPW/Engineers OCT 1 U, au/ BOARD OF APPEALS TBI, Inc., 210 Holt Road Site Plan Review Special Permit October 2, 2007 C E I V ED T OW 1-! L S?R V'S 0 F F T C The Planning Board herein approves the Site Plan Review Special Permit for the construction of a 30,000 s.f. recycling and solid waste transfer station, 76 total parking spaces, extensive ig'0�0�15 "W'49 16 plan, landscape improvements, drainage easement and other improvements shown on the "Plans" as defined below. The project is located in the Industrial 2 Zoning District and is located oi�r,&Ahj#-Operty shown on the North Andover Assessors Maps as Map 34, Parcels L27, L38, L40 consisting of approximately 7.79 acres (3 3 9,3 3 2 s.f.) of land with approximately IV14 frontage on Holt Road. The Site Plan Review Special Permit was requested TBI, Inc., 2 10 Holt Road, North Andover, MA. This application was filed with the Planning Board on July 5, 2007. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9 During the review process, the Applicant and its professional consultants also submitted v . arious revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, the Board's peer review consultants, and by the various departments within the Town of North A�dover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 1.0.3: FINDINGS OF FACT: 1) On June 22, 2006, the North Andover Board of FIealth approved the Site Assignme . nt Decision for the proposed 30,000 sq. ft. recycling and solid waste transfer station to be located on 5.8 acres of land and shown on lots labeled 2, 3, and 4 on the "Plans" as defined below. The requirements and conditions contained within said Decision are hereby in corporated by reference into this decision and public record. 2) The specific site is an appropriate location for the project as it is located in I the Industrial 2 Zoning District and involves the construction of permitted uses within those zones. Specifically, the Zoning Bylaw allows in the Industrial 2 District the following use (North Andover Zoning Bylaw, Section 4.133(l 1)): Light manufacturing, including manufacturing, fabrication, processing, finishin 91 assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive noxious, detrimental, or dangerous to surrounding areas of the Town by reason of dust, smoke, fames, odor, noise, vibration, light or other adverse environmental effect. 3) The use as developed will not adversely affect the neighborhood as the project is surrounded by other industrial uses and zoned properties and will not impact any residential areas or neighborhoods. In addition, the project provides for natural a vegetative landscaped buffer along the frontage of the properties to ftuther insulate the building. All plantings and screening depicted on the approved plans referenced herein shall remain in perpetuity over the life of the project. 4) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed parking lot design and access/egress drives provide for adequate internal and external traffic flow, safety, and sufficient pedestrian connections throughout the project and surrounding area. Traffic impact studies have been conducted for the project as part of the applicant's submittal to the Executive Office of Environmental Affairs (EOEA) and Site Assignment application to the North Andover Board of Health and Department of Environmental Protection Division of Solid Waste. The reviewing parties 2 TBI, Inc., 210 Holt Road Site Plan Review Special Permit October 2, 2007 concluded that the external traffic impacts will not significantly degrade the level of service at any nearby intersections. 5) In accordance with the terms and conditions of the Site Assignment Decision, the Applicant will fund up to the $200,000 towards the installation of a traffic light at the intersection of Holt Road and Route 125 to mitigate traffic congestion. 6) The proposed recycling and solid waste transfer station contains architectural elements and treatments that are commonly present and consistent with structures typically constructed within the Industrial 2 Zoning District. Finally, the Applicant incorporated visual buffering and additional plantings to help mitigate the impact on the neighboring properties and streetscape. 7) The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Management Practices, and has been reviewed by the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. (VHB). 8) The landscaping approved as a part of this plan generally meets the requirements of Section 8.4 of the North Andover Zoning Bylaw, 9) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 10) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 1-1) The project will provide for municipal water, sewer and utilities on the property to adequately address the needs of the project. 12) This Site Plan Review Special Permit is conditional upon the submission and approval by the Planning Board of an appropriate Form A Application for Approval of an ANR Plan (Approval Not Required Plan) which combines the Map 34, Parcels L27, L38, L40 & Map 77, Parcel L14, totaling approximately 7.79 acres, into one parcel. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3 but requires conditions in order to be fully in compliance. The Planning Board hereby votes to both grant the requested waivers as described in the Applicant's application, and also unanimously votes to grant approval of the Applicant's proposed project as described in the "Plans" and other supporting information described in the public record, provided the following conditions are met: SPECIAL CONDITIONS: 1) Permit Definitions: a) The "Locus" refers to the 339,332 s.f. pare el of land with land fronting on Holt Road, as shown on Assessors Map 34, Parcels L27, L3 8, L40 & Map 77, Parcel L 14, also known as 2 10 Holt Road, North Andover, Massachusetts. b) The "Plans" refer to the plans prepared by Brown and Caldwell, 48 Leona Drive, Suite C, Middleborough, MA 02346, entitled "Site Plan Review 2007, Prepared for TBL Inc., North Andover, Massachusetts": 3 TBI, Inc., 210 Holt Road Site Plan Review Special Permit October 2, 2007 Sheet 1 of 10, Revised 9/25/07; Sheets 2, 3, 4, 5 and 10 of 10, Revised 9/12/0 7; Sheet 6 of 10, Revised 9/14/07; and Sheet 7, 8 and 9 of 10, Revised 8/22/0 7. c) The "Projecf' or "210 Holt Road" refers to construction of a 30,000 s.f recycling and solid waste transfer station. d) The "Applicant" refers to TBI, Inc. as the applicant for the Site Plan Review Special Permit. 2) Environmental Monitor: The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) houra notice to inspect the site with the Planning Board designated official. The Environmental Monitor will be required to inspect all such devices and oversee cleaning and the properdisposal of waste products if applicable. 3) Construction Monitor: The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non- compliance, if any, and actions taken to resolve these issues. The designated monitor may not be applicant and/or developer. The weekly inspections and monthly reports provided to the Planning Department shall include the following: a) site clearing; b) erosion control; c) drainage and detention structures; d) on-site water and sewer utilities; e) parking spaces and related pavement; f) newly constructed roadways/access ways; g) curb cuts; h) retaining walls; i) site screening, landscaping and street trees; j) site restoration; and k) final site cleanup 4) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: a) The final plans must be reviewed and approved by the DPWand the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. b) The final site drainage system must be designed in accordance with the Town Bylaw requirements and reviewed by the Division of Public Works. All storin water drainage control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown on the plan shall be submitted to the Department of Public Works for review and approval. Written confirmation of said review and approval by the Department of Public Works must be submitted to the Planning Department. 4 TBI, Inc., 210 Holt Road Site Plan Review Special Permit October 2, 2007 c) A bond in the amount of fifteen dollars ($15,000) must be posted for the purpose of insuring that a final as -built plan showing the location of all on-site utilities, structures, newly constructed roadways/access ways, topography, and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The form of security must be acceptable to the Planning Board. d) The Applicant within thirty (30) days after this Decision becomes final, shall submit to the Planning Board for its approval an appropriate Form A Application for Approval of an ANR Plan (Approval Not Required Plan) along with an ANR Plan which combines the Map 34, Parcels L27, L38, L40 & Map 77, Parcel L14 totaling approximately 7.79 acres. No construction activities authorized by this Decision on the Additional Land shall be commenced until the Applicant has (a) recorded said approved ANR Plan and (b) caused the title to the Additional Land to be combined with the Original Land, by recording a Deed for said Additional Land conveying the title to said Additional Land to Holt Road, LLC. e) All site plan application and escrow fees must be paid in full and verified by the Town Planner. 5) PRIOR TO THE START OF CONSTRUCTION: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. c) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. d) A pre -construction meeting must be held with the developer, their construction employees, Planning Department� Building Department, and Conservation Department to discuss scheduling of inspections, the construction schedule, and the process/method. of informing the public of the anticipated activities on the site. e.) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all other North Andover Land -Use Boards or departments. In addition to receipt.of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the . approved plans referenced in Condition 24. 6) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. b) One certified copy of the recorded decision must be submitted to the Planning Department. TBI, Inc., 210 Holt Road Site Plan Review Special Permit October 2, 2007 c) The applicant shall adhere to the following requirement of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The applicant is required to extend the sprinklers from the existing plant into the new addition. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 7) DURING CONSTRUCTION: a) During construction, the site must be kept clean and swept regularly throughout the construction process. Dust mitigation, dewatering and roadway cleaning must be performed weekly, or more frequently as dictated by site and weather conditions and as directed by the Town Planner. Tarps shall be placed over any stockpiles to ensure that any dust is mitigated properly. b) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt, wood, construction material, etc.) and must be shown on a plan and reviewed and approved by the Town Planner. Any approved piles must remain covered at all times to minimize potential dust and be .required to install appropriate erosion control measures to mitigate potential impacts to Lake Cochichewick. Any stockpiles to remain for longer than one week must be covered. c) In an effort to reduce noise levels, the deve loper shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. d) The Town Planner will perform bi-weekly in spections of the site during construction to ensure . . that the developer is adhering to the conditions set forth in the decision. 8) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) The applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the applicant and/or property owner may provide a bond, determined by the Planning Board, to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior -to the use of the parking area. b) The Planning Staff shall approveall artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any . changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. All site lighting shall provide security for the site and structures -however it must not create any glare or project any light onto adjacent residential properties. c) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMF, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above R' TBI, Inc., 210 Holt Road Site Plan Review Special Permit October 2, 2007 referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. d), Any and all signage plans for the site, which have been provided to the Planning Board during the site plan review process, were presented for the materials of the signage only. This includes any and all signage relative to the Site Assignment Decision incorporated as part of this decision. Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be approved by the Building Department. In no way is the applicant to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. All additional permits must be obtained by the applicant prior to construction. e) In accordance with the Site Assignment Decision, TBI shall develop a clear route map for all trucks (inbound and outbound) that will be distributed to drivers, faxed and emailed. The route will clearly direct drivers to 1495 and the Route 125 Connector access/egress point. Further, all trucks entering and exiting the facility shall follow the designated route except when performing collection in North Andover, or unless an exception applies pursuant to Board of Health trash truck regulations. 9) PR IOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. b) A final as -built plan showing final topography, the location of all on-site utilities, structures, curb cuts, parking spaces, roadway/access way construction, drainage structures, and facilities must be submitted to the Planning Department. The applicant must submit a letter from the architect and engineer of the project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 10. The requirements and conditions contained within the Site Assignment Decision dated June 22, 2006 and issued by the North Andover Board of Health are contained in the Planning Board's files and are hereby incorporated by reference into this decision and public record. The applicant shall comply with all conditions and requirements said Decision. Any non-compliance with the requirements and conditions of said Decision shall violate this Site Plan Review Special Permit 11. In accordance with the Site Assignment Decision, TBI shall contribute up to $200,000 towards the installation and construction of a traffic light at the intersection of Holt Road and Route 125. Monies not already utilized for the engineering, installation, and/or construction of the traffic light will be placed into an escrow account with the Town by the applicant. Said amount shall only be utilized by the applicant or Town for the purpose of installing and constructing the signalized traffic light at a future date. 12. All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8: 00 a.m. and 5:00 p.m. on Saturday. 13. All existing plantings and screening depicted on the approved plans shall remain in perpetuity over the life of the project. 7 TBI, Inc., 210 Holt Road Site Plan Review Special Permit October 2, 2007 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. I 13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 14. No open burning shall be done except as i . s permitted during burning season under the Fire Department regulations. IS. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 16. The provisions of this conditional approval shall apply to and be binding upon the applicant its I employees and all successors and assigns in interest or control. 18. All snow storage is to be removed as needed to provide sufficient access throughout the site and to ensure the proper safety of vehicles and pedestrians. Snow storage shall not result in the loss of parking spaces except during removal operations. The Town Planner shall direct the applicant to remove snow to an offsite location if it is determined that onsite snow storage is insufficient. 19. The Planning Board expects that the project will be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings. Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 20. This Special Permit approval shall be deemed to have lapsed after October 2, 2009 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 2 1. The following information shall be deemed part of the decision: Plan titled: Site Plan Review 2007 Prepared for TBL Inc. North Andover, Massachusetts Prepared for: TBI, Inc. 2 10 Holt Road North Andover, MA Prepared by: Brown and Caldwell 48 Leona Drive, Suite C Middleborough, MA 02346 Scale: I" = 40' and I" = 30' Date: July 2007, Various Revision Dates Sheets: I of 10, Revised 9/25/07; 2, 3, 4, 5 and 10 of 10, Revised 9/12/07; 6 of 10, Revised 9/14/07; and 7, 8 and 9 of 10, Revised 8/22/07 Report titled: Site Plan Review Application TBL Inc. Recycling Facility and Solid Waste Transfer Station r] TIBI, Inc., 210 Holt Road Site Plan Review Special Permit October 2, 2007 North Andover, MA Prepared for: TBI, Inc. 2 10 Holt Road North Andover, MA Prepared b y: Brown and Caldwell 48 Leona Drive, Suite C Middleborough, MA 02346 cc: Town Departments Applicant Engineer Abutters RECEIVED TOWN' "l-EiRIVS OFFICE 2001 OCT 15 Ph 16 T 0 YJ IN 10 F MORTH ANDONEF M A 5 S A CI -11, ILI ^b E- T T 'i! Checkmate Development, LLC Documents submitted Page I of I Checkmate Development, LLC — 210 Holt Road — 1-2 & AUZ Special Permit 2003-014. M77PI4 & M34P27 (M34P40=2004-009) Meeting From Contents Item's Date Pre -Meeting to 4-16-03 NA Building Department Zoning Bylaw Review Form 3-12-04 Checkmate Development, LLC Checkmate Development, LLC — 210 Holt Road - Application Town Clerk date stamp 3-13-03 NA ZBA Legal Notice TC date 3-24 ZBA memorandum To: J. Thomson, representative at 4-16 waive to 5-15-03 3-25-03 Checkmate Development, LLC Withdraw Site Plan SP from Planning Board TC date 3-25 Marshall F. Newman, Esq. Letter — Explanation of waive to 5-15-03 3-26-03 Sandra Starr, NA Health Dir. Response to 2003-014 Application 3-31-03 Wm. V. Dolan, NA Fire Chief 4-2-03 Julie Parrino, NA Conservation Administrator 4-7-03 Richard M. Stanley, NAPD Chief 4-9-03 Tim Willett, NA DPW Mark Rees, Town Manager ZBA form Waive time to 5-15-03 TC date 4-27 To 5-15-03 NAPD Website Upcoming Events May 2003 Marshall F. Newman, Esq. Letter - Waive time to June 10, 2003 5-15-03 ZBA form Waive time to 6-10-03 TC date 5-19 To 6-10-03 NA Public Notices Website — Checkmate Meeting cont. 5-29-03 For Sisters Three Entrepreneurs Crimecast Introduction, 3 p. map, chart 06/05/03 16 Security Premise Presentation , 18 unnumbered pages n.d. Checkmate Development, LLC Concept drawing of proposed exterior n.d. Proposed sign for Rockets Gentlemen's Club 2/11/03 Against Attendance list 6-10-04 Rick Catino 5 page letter, dated 6-7-03 5 page compilation of web site articles 6-8-03 8 page web site compilation with 1/2page color photo 2-6-03 U. S. Geological Survey Lawrence, MA -NH 42071 -FI -TM -025 —7.5xl5 min. 1987 ZBA form Waive time to 7-8-03 6-10-03 To 7-8-03 Maryjane Meadows Letter — against 2003-014 6-23-03 Rose M. DeFusco 11 11 6-28-03 Mary Armitage 6-23-03 Judy Lee 6-24-03 Raymond & Dove Sullivan 6-16-03 Paula C. Estee 6-24-03 Karin Valliere-Moschetto 6-30-03 Patricia F. Daley 6-28-03 A very concerned tax payer 6-28-03 Barbara A. Stack 6-30-03 Checkmate Development, LLC Documents submitted Page 2 of 2 Meeting Date From Contents Item's Date Frank Carnovale & Pamela Reed Letter Against 2003-014 7-1-03 Jim Winslow Fax 7-2-03 Alaine M. Portnoy Letter 7-1-03 Mary T. & Fred L. Boucher 111 64 7-1-03 Nancy Rossiter 7-1-03 Pauline & Duncan Rogers 7-3-03 Joseph A. & Kimberly L. Reardon 7-6-03 Nancy & David Kazmer 7-2-03 The Dow family 7-3-03 7-8-03 — For Brown and Caldwell Aerial Photo MassGIS July 1996, updated Sept. 2002 7-8-03 Spaulding Lighting Add for Cambridge Medallion series light standard n.d. Against I I pages of opponent's signatures at 7-8-03 7-8-03 12 pages of internet articles n.d. Xerox of E -T Monday front page 7-7-03 Jeanne M. Colachico Xerox of letter to Mark Rees, Town Manager 12-8-02 Xerox of letter from Checkmate to ZBA, "...no permit as of 9:50AM" handwritten note 3-13-03 Xerox of Map 77 Parcel 14 n.d. Xerox of Zoning Bylaw pp 129-131 & Table 2 n.d. Checkmate Development, LLC Waive time to 8-12-03 7-8-03 To 8-12-03 Karin Valliere-Moschetto Letter — Against 2003-014, rec'd 7-14-04 11 11 7-27-03 Checkmate Development LLC Letter from Jeff Thomson re: deliveries. Rec'd 8-6-03 7-30-03 Brown and Caldwell Proposed planting & Lighting Plan, rec'd 8-6-03 8-12-03 Letter - Against 2003-014, rec'd 8-7-03 8-5-03 Richard J. Santagati, President of Merrimack College Letter — Against 2003-014 8-11-03 8-12-03 — For: Sisters Three Entrepreneurs Response to Comments from Police Department letter dated April 9, 2003 and Fire Department letter dated April 3, 2003, 25 pages. 8-12-03 MS Transportation Systems, Inc Traffic Analysis — Response to Public Comments — Draft 8-12-03 11 - Response to Police Chief Comments 8-12-03 Against Petition, 6pp, 62 signatures 8-12-03 K. Kline Letter — Against 2003-014 8-12-03 Checkmate Development LLC Waive time to 9-9-03 8-12-03 To 9-9-03 Blue folder Paperwork for change of meeting location to NAMS Mary Armitage Letter — Against 2003-014 8-17-03 Lawrence W. Becker, Headmaster Brooks School 8-18-03 WJS, NA ZBA Letter to Board of Selectmen requesting NAMS rent fee 8-25-03 MS Transportation Systems, Inc. Traffic Analysis - Response to Police Chief Comments 8-18-03 Vanasse Hangen Brustlin (VHB) to D. Robert Nicetta Review Traffic and Access Study 9-8-03 VHB Engineering Review of SP and Site Plan 9-9-03 9-9-03 For: Sisters Three Entrepreneurs Response to Comments from Police Department letter dated April 9, 2003 and Fire Department letter dated April 3, 2003, 25 pages. 9-9-03 Against: Signatures of meeting attendees against 2003-014 9-9-03 Lynne Arvikar Letter — Against 2003-014 9-9-03 Dennis Card Map of 3 parcels Highlighted area is outside Adult Zone 9-9-03 16 11 Ca 4'x3' map of AUZ 9-9-03 Joan Kulash Testimony against Rocket Entertainment 9-9-03 Fax to 9556 Adult Use Zone — Why do we need? 9-9-03 Checkmate Development, LLC Documents submitted Page 3 of 3 Meeting Date From Contents Item's Date Xerox of Town Meeting report 5-7-96 defining 6 AUZ lots, and Xerox of map 34 parcel 40 9-9-03 Checkmate Development LLC Waive time to 10-14-03 9-9-03 To 10-14-03 Joan Kulash Letter to Walter Soule with 11-5-97 Board of Health decision, 21 pp. 9-15-03 Checkmate Development LLC Letter to Michael McGuire — seating capacity & licenses 9-25-03 Rich Catino Faxed comments on Eagle -Tribune articles 10-5-03 Atty. Marshall F. Newman Letter listing items of Brown and Caldwell's response to the 9-8 & 9-9-03 VHB reports 10-6-03 Brown & Caldwell 1. a. Four-page textual response; b. Excerpt from Stormwater Report dated January, 2003 (Pag ); [I & ii] c. Design Drawings consisting of three sheets entitled, respectively (i) "Existing Conditions", (ii) "Proposed Site Plan, and (iii) "Detail Sheet', all of which are revised as of Septe er 29, 2003. 4. Revised Stormwater Analysis and Drainage Area Plan 9revised); and e. ADS Pipe Data. 2. Memorandum from MS Transportation System, Inc. ("MS") dated August 18, 2003 concerning the Response to Public Comments to the Traffic Analysis; 3. Memorandum from MS dated August 15, 2003 entitled "Sight Distance... 4. Memorandum from MS dated 5. Memorandum from MS dated October 1, 2003 entitled "Response to Initial VHB Comment"; 6. Statement from Sisters Three Entrepreneurs Security Consultants dated September 12, 2003; 7. Plan entitled "Proposed Photometric Plan" dated September 17, 2003 prepared by Nelson Hammer & Associates; 8. Plan entitled "Revised Plan of Western Industrial Park prepared for Noreen Realty, Inc." dated July 11, 1984, prepared by Robert G. Goodwin, R.L.S.; and 9. Sign Plan prepared by Mack Sign Advertising, dated February 11, 2003, revised as of September 15, 2003. 10-14-03 For Sisters Three Entrepreneurs Cover letter 10-14-03 Spiral bound Security Requirements Analyses & Assessment Study Final Report 10-14-03 Against [Rick Catino] Internet reprint of E -T 10-5-03 article, 3 p. 10-14-03 Checkmate Development LLC Waive time to 11-18-03 10-14-03 To 11-18-03 Town of North Andover Notice ZBA back to 120R Main Street, printed 12-2-03 NA Board of Selectmen Agreement between B of S & Thomson Brothers Industries, Inc. (TBI) 10-20-03 ZBA assistant R. Ercolini photocopy request — "how to" to Atty. Urbelis 10-30-03 Print screen of 210 Holt Road folder contents 10-27-03 Atty. Thomas J. Urbelis Re: November 17, 2003 Special Town Meeting, 11 p. 11-7-03 William J. Sullivan, Chair ZBA Cover letter for VHB 2d engineering review 11-6-03 VHB Response to Brown and Caldwell's 10-6-03 response, 4p. 10-20-03 VHB Response to MS Traffic analyses 8-15, 8-18, 8-18, &10- 2-03 10-17-03 P0 --;�X Thomson Brothers Industries 2 10 Holt Road North Andover, MA 0 1845 Waste Disposal & Recycling �;O�l 1 1) Z010 6 TOWN OF NORTH ANDOVER TH Susan Sawyer LHEALTH DEPARTMENT North Andover BOH 1600 Osgood Street North Andover, Mass. 01845 Re: Video Monitoring Dear Ms Sawyer: November 11, 2010 Phone: 978.686.8604 Fax: 978.686.3086 TBI would like to request a four month extension from the Board of Health pursuant to site assignment condition 41. This extension will allow time for the investigation into additional technology that may be available to monitor Trash Trucks that enter and exit Holt Road. Should there be any questions please feel free to call. Sincerely, William Thomson TBI www.thomsonbrothersindustries.com #4 �3 PUBLIC HEALTH DEPARTMENT Community Development Division November 19, 2010 TBI, Inc. William Thomson 2 10 Holt Road North Andover, MA 0 1845 Dear Mr. Thomson, At a regularly scheduled Board of Health meeting that was held on November 18, 2010, the members reviewed the request for extension from TBI in regards to the site assignment task VA 1, regarding the monitoring of trash trucks at the Holt Road Intersection. The four month extension was unanimously approved as written. Thank you for your cooperation in this matter. jSincere __e -? S san Sawye �/RS Public H Dir tor Cc: Dr. Thomas Trowbridge, BOH Chairmen Page 1 of I North Andover Health Department, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 0 1845 Phone: 978.688.9540 Fax: 978.688.8476 .4 W Waste Disposal & Recycling Thomson Brothers Industries 210 Holt Road North Andover, MA 0 1845 �'!'�v '1 1) ? kj� '010 TOWN OF NORTH AIIIIINVI Susan Sawyer HEALTH DEPARTMENT November 11, 2010 North Andover BOH 1600 Osgood Street North Andover, Mass. 01845 Re: Video Monitoring I Dear Ms Sawyer: Phone: 978.686.8604 Fax: 978.686.3086 TBI would like to request a four month extension from the Board of Health pursuant to site assignment condition 41. This extension will allow time for the investigation into additional technology that may be available to monitor Trash Trucks that enter and exit Holt Road. Should there be any questions please'feel free to call. Sincerely, William Thomson TBI www.thomsonbrothersindustries.com A .9 PUBLIC HEALTH DEPARTMENT (ommunity Development Division November 19, 2010 TBI, Inc. William Thomson 2 10 Holt Road North Andover, MA 0 1845 Dear Mr. Thomson, At a regularly scheduled Board of Health meeting that was held on November 18, 20 10, the members reviewed the request for extension from TBI in regards to the site assignment task VA 1, regarding the monitoring of trash trucks at the Holt Road Intersection. The four month extension was unanimously approved as written. Thank you for your cooperation in this matter. jSincere Y S san Sawyer S/R� Pu lic ctor PublicH;a:l Director Cc: Dr. Thomas Trowbridge, BOH Chairmen North Andover Health Department, 1600 Osgood Street, Building 20, Suite 2-36, Page I of I North Andover, MA 0 1845 Phone: 978.688.9540 Fax: 978.688.8476 19 Waste Disposal & Recycling Thomson Brothers Industries 210 Holt Road Phone: 978.686.8604 North Andover, MA 0 1845 Fax: 978.686.3086 Re: Video Monitoring Dear Ms Sawyer: TBI would like to request a four month extension from the Board of Health pursuant to site assignment condition 41. This extension will allow time for the investigation into additional technology that may be available to mon itor Trash Trucks that enter and exit Holt Road. Should there be any questions please feel free to call. Sincerely, (DLUMA -4 ' fl - William Thomson TBI www.thomsonbrothersindustries.com Tz TOWN OF NoRtH ANDOVER T LDE61PIARTME� Susan Sawyer HEALT8 RT NT November 11, 2010 North Andover BOH 1600 Osgood Street North Andover, Mass. 01845 Re: Video Monitoring Dear Ms Sawyer: TBI would like to request a four month extension from the Board of Health pursuant to site assignment condition 41. This extension will allow time for the investigation into additional technology that may be available to mon itor Trash Trucks that enter and exit Holt Road. Should there be any questions please feel free to call. Sincerely, (DLUMA -4 ' fl - William Thomson TBI www.thomsonbrothersindustries.com Page I of 1 0i ., 'r DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Wednesday, June 27, 2007 11:12 AM To: 'tat.boh@comcast.net' Cc: Sawyer, Susan Subject: RE: meeting agenda Importance: High Hi Tom, Our internet/e-mail just came back up. We were down since last Friday. I received something via UPS today from Mackie Shea O'Brien re: Implications of Acquisition of Property Adjacent to TBI Recycling Center and Transfer Station (the "Facility") at 210 Holt Road (the "Site"). I will bring it to the meeting. Pamela ----- Original Message ----- From: tat.boh@comcast.net [mailto:tat.boh@comcast.net] Sent: Monday, June 25, 2007 11:32 PM To: Sawyer, Susan; DelleChiaie, Pamela Subject: meeting agenda For this week's agenda, could you place an old business item for TBI update. I have some information to review but nothing major at this point. Tom 6/27/2007 MACKIE SHEA O'BRIENOL' COUNSE�ORS Af LAW 137 Newbury Street, Boston, MA 02116 * p 617 266 5700 f 617 266 5237 www.lawmso.com June 26, 2007 Town of North Andover Board of Health Attention: Dr. Thomas A. Trowbridge, Chairman 1600 Osgood Street North Andover, Massachusetts 01845 Re: Implications of Acquisition of Property and Transfer Station (the "Facility") at . Dear Dr. Trowbridge and Members of the Board: Pursuant Section V. 10 of the Site Assignment,' showing that the facility will meet the groundwater cril Said condition requires TBI to submit data from test pi demonstrating that there is a two -foot separation betwc groundwater and the bottom of the waste handling arez groundwater submission by Brown and Caldwell, this' through your counsel, Jonathan S. Klavens, and docurr, conclusion that a newly acquired parcel is clearly not r RECOVEL, 1,1414e O�� JUN 2 7 2007 TOWN OF NORTH ANDO�- HEALTH DEPARTMEN'T As you know, TBI, Inc. applied to the Board of Health to operate a solid waste management facility (the "Facility") at 2 10 Holt Road in North Andover (the "Site"). The Board granted TBI a site assignment for this Site on June 22, 2007. In preparing a revised design pursuant to Condition 10, TBI has refined the Facility design in accordance with the Conceptual Site Plan submitted during the site assignment hearing. These refinements were possible because TBI's affiliate and landlord, Holt Road LLC, recently acquired a 2 -acre parcel of land from Joseph Zanni that abuts the site assigned property to the east. The acquisition of this parcel allows for significant improvements to the overall design and address suggestions made by the Board during the site assignment hearing. In particular, there is more space for residents to circulate, since the building has been shifted easterly by fifty feet. This shift also allows more space for onsite traffic routing on the site assigned land. The residential drop-off area is further separated from truck traffic because the westerly trailer pit exit has been removed. Instead of a fifty -foot distance between the Facility building and the nearest neighbor to the east, there is approximately 275 feet of buffer. The Refined Conceptual Site Plan does not affect MACKIE SHEA O'BRIEW, COUNSE�ORS At LAW 137 Newbury Street, Boston, MA 02116 * p 617 266 5700 f 617 266 5237 www.lawmso.com Town of North Andover Board of Health Attention: Dr. Thomas A. Trowbridge, Chairman 1600 Osgood Street North Andover, Massachusetts 01845 June 26, 2007 RECEIVEL /, /V, al, & JUN 2 7 2007 TOWN OF NORTH ANDOk. HEALTH DEPARTMENT Re: Implications of Acquisition of Property Adjacent to TBI Recycling Center and Transfer Station (the "Facility") at 210 Holt Road (the "Site") Dear Dr. Trowbridge and Members of the Board: Pursuant Section V. 10 of the Site Assignment, TBI hereby submits a design plan showing that the facility will meet the groundwater criterion of the Site Assignment. Said condition requires TBI to submit data from test pits and wells and a revised design demonstrating that there is a two -foot separation between the maximum high groundwater and the bottom of the waste handling area. In connection with the groundwater submission by Brown and Caldwell, this letter addresses questions asked through your counsel, Jonathan S. Klavens, and documents our reasoning for the logical conclusion that a newly acquired parcel is clearly not part of the Site. As you know, TBI, Inc. applied to the Board of Health to operate a solid waste management facility (the "Facility") at 210 Holt Road in North Andover (the "Site"). The Board granted TBI a site assignment for this Site on June 22, 2007. In preparing a revised design pursuant to Condition 10, TBI has refined the Facility design in accordance with the Conceptual Site Plan submitted during the site assignment hearing. These refinements were possible because TBI's affiliate and landlord, Holt Road LLC, recently acquired a 2 -acre parcel of land from Joseph Zanm that abuts the site assigned property to the east. The acquisition of this parcel allows for significant improvements to the overall design and address suggestions made by the Board during the site assignment hearing. In particular, there is more space for residents to circulate, since the building has been shifted easterly by fifty feet. This shift also allows more space for onsite traffic routing on the site assigned land. The residential drop-off area is further separated from truck traffic because the westerly trailer pit exit has been removed. Instead of a fifty -foot distance between the Facility building and the nearest neighbor to the east, there is approximately 275 feet of buffer. The Refined Conceptual Site Plan does not affect MACKIE SHEA Town of North Andover Board of Health Old O'B R I E N Ou Attention: Dr. Thomas A. Trowbridge, Chairman June 26, 2007 Page 2 traffic mitigation or air quality control commitments, or any other requirements of the Site Assignment, all of which can and will be incorporated. The slight movement of the design location of the building does not trigger either a modification of the site assignment or a N otice of Project Change under the Massachusetts Environmental Policy Act. This is so because TBI will not, and has no future plans to, use the former Zanni parcel for any purpose that is directly related to solid waste activities. The statute governing site assignment, General Laws c. I 11, § 15 OA and the Site Assignment Regulations for Solid Waste Facilities require a "site assignment" for a "solid waste management facility" (3 10 CMR 16.02) "Facility means an established site or works, and other appurtenances thereto, which is, has been or will be used for the handling, storage, transfer, processing, treatment or disposal of solid waste including all land, structures and improvements which are directly related to solid waste activities." 3 10 CMR 16.02. As detailed below, TBI will not park vehicles containing solid waste, handle wastes, or conduct similar activities on the adjacent, non site -assigned property. The acquisition merely allows TBI to refine the Facility design, consistent with the Conceptual Site Plan, to better utilize the Site. I 1. - The Acquired Parcel Will Not Be Used for Solid Waste Activities TBI might use this parcel for any or all of the following: • to provide additional buffer between the Facility and neighbors; • for stormwater collection, which will include an underground detention/infiltration basin as required by the Site Assignment (Condition 57); • possibly, a septic system; and • parking for employees of the Facility (about which Board members inquired during the hearing). Clearly these uses—typical of.any residential or commercial property—are not solid waste activities. Furthen-nore, Bill Thomson of TBI has discussed these uses with Massachusetts Department of Environmental Protection (MassDEP) personnel, who agree that their placement on the non -site assigned parcel is appropriate. The placement of features that are not directly related to solid waste handling on non -site assigned land adjacent to solid ' During the site assignment process, TBI received a waiver from MassDEP of the I 00 -foot setback criterion on its eastern property boundary, allowing it to set the waste handling or deposition area fifty feet back from this boundary. The acquisition of the adjacent parcel increases the setback to approximately 275 feet. Sol MACKIE SdSHEA O'BRIENau Town of North Andover Board of Health Attention: Dr. Thomas A. Trowbridge, Chairman June 26, 2007 Page 3 waste facilities is common in Massachusetts. For example, at Allied's Plainville landfill,- stormwater basins are located on a parcel of land that is owned by the Commonwealth (which neither owns nor operates the landfill) and is not site assigned. Likewise, in the Town of Dartmouth, the MassDEP approved the placement of stormwater basins on land adjacent to the Greater New Bedford Regional Refuse Management District Crapo Hill landfill. At Allied's former Peabody transfer station, the scale is located off of the site assigned parcel. The property acquisition also provides additional alternatives for placement of the Facility's septic system. The septic system design, on which TBI and Brown and Caldwell are currently working, is subject to the Board's jurisdiction pursuant to General Laws c.2 1 A, § 13, 3 10 CMR 15.00 (Title V of the State Environmental Code) and 3 10 CMR 11.00. Possible options for sanitary wastewater disposal for the facility include the existing building's septic system, a currently unused septic system on the recently acquired parcel, a new septic system on either or both properties or possible connection to a private sewer line at the top of Holt Road. 11. The Revised Conceptual Site Plan Furthers the Site Assignment's Goals , TBI's refined design advances several aspects of the Site Assignment, including improved onsite traffic circulation and further separation of residential from Facility traffic. . There is neither a "major modification." nor a "minor modification" to the Site Assignment. A major modification would be a proposal for a different solid waste activity, an expansion7of a site onto previously unassigned land, a vertical expansion (i.e., of a landfill) beyond the limits of an approved plan, or a request to waive a site assignment criterion. See 3 10 CMR 16.22(2). A minor modification would be a "request to modify a site assignment that is not subject to" the major modification rules, such as a request to modify conditions in the site assignment or to increase daily or annual tonnage limits. See 310 CMR 16.22(3)). TBI's plan does not trigger any of these requirements because it meets all conditions of, and requires no modifications to, the Board's site assignment. The adjustments to the Facility design provide the following benefits: A slightly larger residential recycling drop-off area, providing more separation between the Facility and residents using the drop-off area; More space for queuing vehicles on site due to a westerly shift of the retaining wall; Residents exiting the drop-off area will be further separated from Facility vehicle traffic because the westerly trailer pit exit has been removed; Town of North Andover Board of Health Attention: Dr. Thomas A. Trowbridge, Chairman June 26, 2007 Page 4 A greater buffer between the Facility building (where waste handling will occur) and neighbors to the east. MACKIE SH EA O'B'RIENI-L These benefits further the goals of the Site Assignment because such placement of the Facility on the Site fui-ther ensures the protection of the public health, safety and the environment, while meeting the facility -specific and general suitability criteria and promoting integrated waste management. 111. The Ad*ustments are not a "Chanu" Under MEPA The site plan is in accord with the Massachusetts Environmental Policy Act (MEPA) Secretary's Certificate issued to TBI for the Final Environmental Impact Report, and there is no "material change" requiring MEPA review. Under the MEPA regulations, an NPC is required only if there is "material change in a Project." 301 CMR § 11. 1 0(l), emphasis added. Whether a change is "material" depends on whether the change might significantly increase environmental consequences. See 301 CMR § 11.10(6); MEPA web site "About Notices of Project Change," http://www.mass.gov/envir/mepa/ tbirdlevelpages/npcinstructions.htm. Simply moving the location of the building several feet is clearly immaterial and would not justify a Project Change Notice. Theacquisition of the adjacent parcel and the refined Facility design involve no physical expansion, increased environmental impact, change in timing, change in the project site, new permit or request for financial assistance or land transfer or delay in benefits. See 301 CMR § 11. 10(6). The Refined Conceptual Site Plan shows a design location for the building that meets the groundwater separation criterion and other Site Assignment conditions, and is an appropriate substitution for Hearing Exhibit 75A. Sincerely, Gall E. Magenau Hire cc: Jonathan S. Klavens, Esq. William D. Thomson Thomas A. Mackie, Esq. 48 Leona Drive, Suite C Middleborough, MA 02346 Tel: (508) 923-0879 Fax: (508) 923-0894 www.brownandcaldwell.com June 26, 2007 Town of North Andover — Board of Health 1600 Osgood Street Building 20, Suite 2-36 B R 0 W N AND North Andover, Massachusetts 01845 C.A L D W E L L RE: TBI Inc., 210 Holt Road Site Plan, Project No. 130966 Dear Members of the Board: On behalf of Thomson Brothers Industries, Inc. (TBI), we enclose a site plan for property located at 210 Holt Road, *in North Andover, Massachusetts. The plan depicts current property owned or controlled byth6 Thomson Brothers, *including a newlypurchased undeveloped 2 acre lot adjacent to the site assigned property, identified as Map 34, Lot 38 and known forrnerly as the Zanni property. Purchase of tl-iis adjacent lot eliminates the need to implement the waiver granted by the Department of -Environmental Protection for the 100 - foot property boundary setback criterion at 3 10 0�4R. 16.40(4) (h). Asa result, the proposed location of the facility budding has been moved 50 feet to the east, to the edge of the site assigned property, as shown on the site plan. From this point, the actual setback to the boundary of property owned or controlled bythe Thomson Brothers is approximately 275 feet. In accordance with Condition 10 of the Site Assignment Decision for TBI Inc., dated June 22, 2006, six test pits were excavated and eight monitoring wells (piezometers) were installed to ascertain the maximum high groundwater elevations underneath the proposed waste handling area. The test pits were witnessed by Ms. Susan Sawyer of the North Andover Health Department on July 19, 2006. The enclosed site plan also depicts the locations of the piezometers and test. pits, and *includes observations of maximum groundwater elevations. The information demonstrates that a two (2) foot separation between the groundwater and bottom of the proposed waste handling facility will be achieved with a waste handling area floor elevation ' not lower than 88.0 and a tra2er pit floor elevation not lower than 78.0. Test pit logs for the six test pits . are included. We trust that this information satisfies the requirements of Condition 10 of the site assignment. If you have any questions regarding this matter, please feel free to contact Alan Kirschner or myself of at this office. Very truly yours, Brown and CaldweU fA0 Phillip Jagod , Project Manager Enclosures: 1. Site Plan 2. Refined Conceptual Site Plan 3. Test pit logs Copy to: Bill Thomson, TBI Thomas Mackie, Esq., Mackie Shea O'Brien PC Jonathon S. Klavens, Esq. En viron mental E n g i n e e r s & C o n s u I t a n t s 11 ;5 mo E 43 z 0 06 E 12 tm 2 00- a. 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E E m L: so U) E > c LU :3 z 0 -6 E (D a) in CL U) CL 0 � = :3 0 o co d) 46 E C 0 0 2 ch LL 4) 0 rij CL 4) 1 4) 0 01, 0 U) ji c 0 P 0 U) a fA U) A a c d) E as o U) th.2 () LL uo ca CL EL o 0 0 E E V CL 0-6 2 0 2 4 C 002— M ow 0 -1 CL 01, .4 1 �' E 0 CO E F -P 2 cm 2 0 CL r to CL 0 (D E c 3: (D E z cc 40 CL a) (D CL CL im 0 o 0 0 cc E (a 0 cc LD M 0 LL 0 A 4 3 > It (0) 2 0 z (a c 0 F -P Ire 00.3 0 U E o(O E a cl).2 LL 0 La .0 > w 0 1! 0 o E 0 E 93 .0— A.- 0 oom 0 0 o 0 -j x CL 4) 4 3 > It (0) 2 0 z (a c 0 E 40 0 cx m 0 < 2 co E 2 .0 a. 0 CD E jL cD 3 0) 0- E 4) U) L: U) U) E w z 0 40 C2 .0 0 3: C (a OL 2 CL CL 0 ow go L 0 0 0 0 cc E 0 0 LL 0 ril CL 0 4) wl�j U) 2 0 z .2 A-� v4 5 0 go L 0 0 0 c C ow IM LL 0 cc 0 0 OV C,) w N. CL LL 0 0 lox, 0 E E x 0 M CL 00- 0 M >. CO) L. 0 0 -1 U) 2 0 z .2 A-� v4 H. P—i 0) .0 E 0 0 0 E T CD 2 10 a. 0. E lie E 0- ui 0 ,w OM C E 2 CL d) 2 0 :3 OU) 16 cc E 0 U. E :3 z (D In a 0 0 0 CL 0 z 0 2 4d 0 Sga 0 CO 0 0 4. 0 U) 0 0 E 0 La U. 0 76 > 0 4,1, 0 CC* vi IA CA. U. 02 :E B L. o LO. 0 0 0 E .E 0 V CL a cl .C. 0 C 002 0 0 0 M >. C cc 0 -1 <r— + CL 1� 0 z 0 2 4d MUGFORD ENTERPRISES INC. DBA: John Zanni Pumping Co. DBA: Mugford Brothers Construction P.O. BOX 4 READING, MA 01867 Phone: 781-944-0149 Fax: 978475-3520 September 14, 2006 Town of North Andover Health Department Town Hall North Andover, Ma 0 1845 Gentlemen: Enclosed please find System Pumping Records. If you have any questions, please call this office. Very truly yours, John Zarmi Pumping Co. Debbie Mugford RECEIVED OCT 2 4 2006 TOWN OF NORTH ANDOVER ,HEALTH DEPARTMENT Commonwealth of Massachusetts R, MASSACHUSETTS o- City/Town of NORTH ANDOVE System Pumping Record Form 4 DEP has provided this form for use by local Boards of Heal be submifted to the local Board of Health or other approvin rautj&Wr Oft- EIVED Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 0 A. Facility Information 1. System Location: ; / 6 H-1 Address 470 /47 City/Town 2. System Owner: Name Address (if different from location) A -.)r. /7 #,-, q City/Town OCT 2 4 2006 TOWN OF NORTH ANDOVER HEALTH, DEPARTMENT /? A /If State Zip Code Record must Az A 'P�) — - State Zip Code z -? ) —. . S1,111 1-11� Telephone Number B. Pumping Record 7 3 Z 1. Date of Pumping Date 2. Quantity Pumped: Gallons 3. Type of system: Cesspool(s) [3-'geptic Tank E] Tight Tank M Other (describe): 4. Effluent Tee Filter present? El Yes El -'No 5. Condition of System: 6. System Pumped By: Name 00 z Company 7. Location where contents were disposed: 61- e �� Signature of Hauler h ttp: //www. m ass - 9 ov/de p/water/a p p roval s/t5fo rm s. htm#i n s pect If yes, was it cleaned? [I Yes F� No 'Tx6y1"q Vehicle License Number Date t5form4.doc- 06/03 System Pumping Record - Page 1 of 1