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HomeMy WebLinkAboutMiscellaneous - 757 TURNPIKE STREET 4/30/20180 o N U r co 2:1 N DL Eli] M 0 cl NW I..L O LO co L M Q 00 C1 N .— N O W-a ZE 70 0 O U OZ > 0 0 70 w � � 0 T a3i > w' LL O 0 V O E 0 oN Z N `L r N � UL ui O i (B T Z > a 0 0� o o x0 a -a F— 0 3 Q m -C 06 0 C: z co o N w E o E (D (n co C/) 12 co _ W c o O U 00 n cA N U)G O - z O O E N c ~ O L l N U O Q (B Lo O z N • cn E L I— L � m J WILLIAM F. WELD Governor ARGEO PAUL CELLUCCI Lt. Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION METROPOLITAN BOSTON - NORTHEAST REGIONAL OFFICE McClay Florist .757-TCrnpike Street. N. Andover, Massachusetts 01845 Attn: John McClay Dear Mr. McClay: .. TRUDY COXE NOV D 61997 Secretary DAVID B. STRUHS Commissioner RE: NORTH ANDOVER 757 Turnpike Street RTN #3-15601 RELEASE NOTIFICATION & NOTICE OF POTENTIAL RESPONSIBILITY; MGL c. 21E & 310 CMR 40.0000 RAM/LRA Extension i Y On October 7, 1997 at 5:30 p.m., the Department received oral notification of a release/threat of release of oil/hazardous material at the subject location. The Department has reason to believe that the release/threat of release which was reported is or may be a disposal site as defined in the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. The Department also has reason to believe that you (as used in this letter "you" refers to McClay Florist) are a Potentially Responsible Party (PRP) with liability under Section 5A of M.G.L. c. 21E. This liability is "strict" meaning that it is not based on fault but solely on your status as owner, operator, generator, transporter, disposer or other person specified in Section 5A. This liability is also "joint and several", meaning that responsible parties are liable for all response costs incurred at a disposal site even if there are other liable parties. The Department encourages parties with liabilities under M.G.L. c. 21E to take prompt action in response to releases and threats of release of oil and/or hazardous material. By taking prompt action, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees for response actions payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E for complete description of potential liability. You are reminded that at the time of initial notification, you orally proposed a Release Abatement Measure (RAM) Plan as an extension of a Limited Removal Action (LRA) and were advised by the Department that the following response actions were approved as a RAM: (1) Excavating up to 110 cubic yards of oil contaminated soil; (2) Properly storing excavated soil on-site pending disposal in accordance with 310 CMR 40.0030; and (3) Dewatering of the excavation into a vacuum truck for proper disposal. You are authorized to conduct only the specific response actions for which you received oral approval from the Department at the time you provided oral notification to the DEP of the subject release. All additional Release Abatement Measures require DEP approval in accordance with 310 CMR 40.0440. 10 Commerce Way 0 Woburn, Massachusetts 01801 0 FAX (781) 932-7615 • Telephone (781) 932-7600 0 TDD # (781) 932-7679 McClay Florist Page -2- GENERAL RESPONSE ACTION REOUIREMENTS The subject site shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards- presented by the site have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. In addition, the MCP requires persons undertaking response actions at disposal sites to perform Immediate Response Actions (IRAs) in response to "sudden releases", Imminent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify the Department immediately if such a need exists. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at the subject site. In addition, the MCP requires persons undertaking response actions at a disposal site to submit to the Department a Response Action Outcome Statement (RAO) prepared by an LSP in accordance with 310 CMR 40.1000 upon determining that a level of No Significant Risk already exists or has been achieved at a disposal site or portion thereof. [You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at (617) 556-1091.] There are several other submittals required by the MCP which are related to release notification and/or response actions that may be conducted at the subject site in addition to an RAO, that, unless otherwise specified by the Department, must be provided to DEP within specific regulatory timeframes. The submittals are as follows: (1) If information is obtained after making an oral or written notification to indicate that the release or threat of release didn't occur, failed to meet the reporting criteria at 310 CMR 40.0311 through 40.0315, or is exempt from notification pursuant to 310 CMR 40.0317, a Notification Retraction may be submitted within 60 days of initial notification pursuant to 310 CMR 40.0335; otherwise, (2) If one has not been submitted, a Release Notification Form (RNF) [copy attached] must be submitted to DEP pursuant to section 310 CMR 40.0333 within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues a Notice of Responsibility (NOR), whichever occurs earlier; (3) Unless an RAO is submitted earlier, a Release Abatement Measure Plan (RAMP) prepared in accordance with 310 CMR 40.0440, or a RAM Completion Statement (3 10 CMR 40.0446) must be submitted to DEP within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, whichever occurs earlier; and (4) Unless an RAO is submitted earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.05 10, and, if appropriate, a completed Tier I Permit Application pursuant to 310 CMR 40.0700, must be submitted to DEP within one year of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, whichever occurs earlier. 1 McClay Florist Page -3- (5) Pursuant to the Department's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, a RAM Plan Compliance Fee of $500.00 must be paid and a photocopy of the payment enclosed with your MCP submittal per (3) above. (6) A fee of $750 must be included with an RAO statement that is submitted to the Department more than 120 calendar days after the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or after the date the Department issues an NOR, whichever occurs earlier, and before Tier Classification. A fee is not required for an RAO submitted to the Department within 120 days of the date of oral notification to the Department, or the date the Department issues an NOR, whichever date occurs earlier, or after Tier Classification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an ISP or, if the response action is performed under the direct supervision of the Department, the signature of an authorized representative of the Department. If you have any questions relative to this notice, you should contact Joanne Fagan at the letterhead address or (617) 932-7600. All future communications and/or submittals regarding this release should be directed to the Bureau of Waste Site Cleanup (BWSC) at the letterhead address and must reference the Release Tracking Number (RTN #3-15601) contained in the subject block of this letter. Sincerely, Iris W.Davis Section Chief Permits/Risk Reduction ID/Jf/fc cc: Fire Dept., 124 Main St., N. Andover, MA 01845 Board of Health, Town Bldg., N. Andover, MA 01845 Simmons Env. Svcs., Inc., 25 Kenoza Ave., Haverhill, MA 01830 - Attn: William Simmons DEP data entry/file Attachment: Release Notification Form, BWSC - 103 d WILLIAM F. WELD Governor ARGEO PAUL CELLUCCI Lt. Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION METROPOLITAN BOSTON - NORTHEAST REGIONAL OFFICE McClay Florist 757 Turnpike Street N. Andover, Massachusetts 01845 Attn: John McClay Dear Mr. McClay: TRUDY COXE toy -6 DAVID B. STRUHS Commissioner RE: NORTH ANDOVER 757 Turnpike Street RTN #3-15601 RELEASE NOTIFICATION & NOTICE OF POTENTIAL RESPONSIBILITY; MGL c. 21E & 310 CMR 40.0000 RAM/LRA ExteinAon On October 7, 1997 at 5:30 p.m., the Department received oral notification of a release/threat of release of oil/hazardous material at the subject location. The Department has reason to believe that the release/threat of release which was reported is or may be a, disposal site as defined in the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. The Department also has reason to believe that you (as used in this letter "you" refers to McClay Florist) are a Potentially Responsible Party (PRP) with liability under Section 5A of M.G.L. c. 21E. This liability is "strict" meaning that it is not based on fault but solely on your status as owner, operator, generator, transporter, disposer or other person specified in Section 5A. This liability is also "joint and several", meaning that responsible parties are liable for all response costs incurred at a disposal site even if there are other liable parties. The Department encourages parties with liabilities under M.G.L. c. 21E to take prompt action in response to releases and threats of release of oil and/or hazardous material. By taking prompt action, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees for response actions payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E for complete description of potential liability. You are reminded that at the time of initial notification, you orally proposed a Release Abatement Measure (RAM) Plan as an extension of a Limited Removal Action (LRA) and were advised by the Department that the following response actions were approved as a RAM: (1) Excavating up to 110 cubic yards of oil contaminated soil; (2) Properly storing excavated soil on-site pending disposal in accordance with 310 CMR 40.0030; and (3) Dewatering of the excavation into a vacuum truck for proper disposal. You are authorized to conduct only the specific response actions for which you received oral approval from the Department at the time you provided oral notification to the DEP of the subject release. All additional Release Abatement Measures require DEP approval in accordance with 310 CMR 40.0440. 10 Commerce Way 0 Woburn, Massachusetts 01801 • FAX (781) 932-7615 • Telephone (781) 932-7600 • TDD # (781) 932-7679 McClay Florist Page -2- GENERAL RESPONSE ACTION REOUIREMENTS The subject site shall not be deemed to have had all the necessary and required response actions taken unless and until all subsfatitial hazards presented-by`the site -have been- el iminated-and a -level -of No --- - - Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. In addition, the MCP requires persons undertaking response actions at disposal sites to perform Immediate Response Actions (IRAs) in response to "sudden releases", Imminent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify the Department immediately if such a need exists. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at the subject site. In addition, the MCP requires persons undertaking response actions at a disposal site to submit to the Department a Response Action Outcome Statement (RAO) prepared by an LSP in accordance with 310 CMR 40.1000 upon determining that a level of No Significant Risk already exists or has been achieved at a disposal site or portion thereof. [You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at (617) 556-1091.1 There are several other submittals required by the MCP which are related to release notification and/or response actions that may be conducted at the subject site in addition to an RAO, that, unless otherwise specified by the Department, must be provided to DEP within specific regulatory timeframes. The submittals are as follows: (1) If information is obtained after making an oral or written notification to indicate that the release or threat of release didn't occur, failed to meet the reporting criteria at 310 CMR 40.0311 through 40.0315, or is exempt from notification pursuant to 310 CMR 40.0317, a Notification Retraction may be submitted within 60 days of initial notification pursuant to 310 CMR 40.0335; otherwise, (2) If one has not been submitted, a Release Notification Form (RNF) [copy attached] must be submitted to DEP pursuant to section 310 CMR 40.0333 within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues a Notice of Responsibility (NOR), whichever occurs earlier; (3) Unless an RAO is submitted earlier, a Release Abatement Measure Plan (RAMP) prepared in accordance with 310 CMR 40.0440, or a RAM Completion Statement (3 10 CMR 40.0446) must be submitted to DEP within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, whichever occurs earlier; and (4) Unless an RAO is submitted earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.0510, and, if appropriate, a completed Tier I Permit Application pursuant to 310 CMR 40.0700, must be submitted to DEP within one year of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, whichever occurs earlier. McClay Florist Page -3- (5) Pursuant to the Department's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, a RAM Plan Compliance Fee of $500.00 must be paid and a photocopy of the payment enclosed with your MCP submittal per (3) above. (6) A fee of $750 must be included with an RAO statement that is submitted to the Department more than 120 calendar days after the initial date of oral notification to DEP of'a release pursuant to 310 CMR 40.0300 or after the date the Department issues an NOR, whichever occurs earlier, and before Tier Classification. A fee is not required for an RAO submitted to the Department within 120 days of the date of oral notification to the Department, or the date the Department issues an NOR, whichever date occurs earlier, or after Tier Classification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or, if the response action is performed under the direct supervision of the Department, the signature of an authorized representative of the Department. If you have any questions relative to this notice, you should contact Joanne Fagan at the letterhead address or (617) 932-7600. All future communications and/or submittals regarding this release should be directed to the Bureau of Waste Site Cleanup (BWSC) at the letterhead address and must reference the Release Tracking Number (RTN 1/3-15601) contained in the subject block of this letter. ID/Jf/fc cc: Fire Dept., 124 Main St., N. Andover, MA Board of Health, Town Bldg., N. Andover, Simmons Env. Svcs., Inc., 25 Kenoza Ave., DEP data entry/file Sincerely, IrisW.Davis Section Chief Permits/Risk Reduction 01845 'x MA 01845 Haverhill, MA 01830 - Attn: William Simmons Attachment: Release Notification Form, BWSC - 103 THE COMMONWEALTH OFMASSACHUSETTS TOWN OFNORTHANDOVER BOARD OF HEALTH Date: DECEMBER 31,1996 Permit #: 0076-7 This is to certify that: NER CONSTRUCTION MANAGEMENT, INC., 7574 TURNPIKE STREET, NORTH ANDOVER, MA 01845 IS HEREBY GRANTED A DUMPSTER PERMIT This permit is granted in conformity with the statues and ordinances relating thereto, and expires DECEMBER 31, 1997 unless sooner suspended or revoked. Gayton Osgood, Chairman Francis P. MacMillan, M.D., Member John S. Rizza, D.M.D., Member TOWN OF NORTH ANDOVER BOARD OF HEALTH TOWN HALL ANNEX 146 MAIN STREET NORTH ANDOVER, MASSACHUSETTS TELEPHONE# (508) 688-9540 APPLICATION FOR DUMPSTER PERMIT PURSUANT TO SECTION 31A AND 31B OF CHAPTER III OF THE GENERAL LAWS, AND RULES AND REGULATIONS OF THE NORTH ANDOVER BOARD OF HEALTH DATE Application is hereby made for a permit to maintain a dumpster(s) on property located at 7574 Ivirnpi lie Si-,� No, A-ndove5V, fy►f} in accordance with the rules and regulations of the Board of Health. Number of Dumpsters: -L Check use: ( ) Residential use ( ) 30 day temporary (VrCommercial use ( vr�Annual Name of applicant: NE r4AriA,,zmeA-, fi=n,. owner of property: T rr. i k� Telephone # : 5os- 687- y18 Dumpster Company: biorio $raAhers Telephone# : 617-389-f656 Pick -Up Schedule: Call W-&?deo( Tio longric 61,-Lle-e-00 Trash Contractor: Diorio :1 roAers Frequency of Pick -Up: CII k 9&deet On the bottom half of this form, please sketch an outline of property, showing the proposed location of the dumpster(s). Give distance from dumpster to other buildings and lot lines or boundaries. Use back side if additional space is .needed. I e caste se m .bay k— o r` i s P1 Please return this application with a fee of $25.00 per establishment ($10.00 for temporary permit) to Town of North Andover, Board of Health Office, Town Hall Annex, 146 Main Street, North Andover, M A 01845. Gel r Gas N�2 m�LA�s m�-�ys ® LJI S VIG e 0 ✓► t �s' 15 GOX i wlrti �e �/ �%D - �/S ya ►re�!5 `f t ORTH, a, ll t I V Oa�«to a. tiO � f e..n• a, Op BOARD OF HEALTH °• ����� 120 MAIN STREET . 9S82-6483 SACHUSNORTH ANDOVER, MASS. 01845 TEL or 33 APPLICATION FOR DUMPSTER PERMIT PURSUANT TO SECTION 31A AND 31B OF CHAPTER 111 OF THE GENERAL LAWS, AND RULES AND REGULATIONS OF THE NORTH ANDOVER BOARD OF HEALTH DATE 19 7 TO THE BOARD OF HEALTH: Application is hereby made for a permit to maintain a dumpster on property located at in accordance with the Rules and Regulations of the Board of Health Check use: ( ) Residential use (i/) ( ) 30 day temporar ( ) Name of applicant: IC�1aJl Owner of property: Commercial use Annual ,��/1 V -t S IVER He, ", Telephone number: 660 _&O -Y f U On the bottom half of this form, please sketch an outline of property, showing the proposed location of the dumpster. Give distance from dumpster to other buildings and lot lines or boundaries. Use back side if additional space is needed. Please return this application with a fee of $10.00 ($5.00 for temporary permit) to: Board of Health, -fee St., No. Andover, MA 01845. NUMBER FEE THE COMMONWEALTH OF MASSACHUSETTS bl TOWN Of NORTH ANDOVER $10_00 .. ................................ This is to Certify that --------------------- NER_ Construction_. Nlana_gementl___Ivc-,__-- NAME ------------------- 57----Tur-np ke---S-treet-,----Nc)-r-th---Andave-r--,----MA----------•-------------- .. ADDRESS IS HEREBY GRANTED A PERMIT For ............................... Maintain One (1) Dum ster .. ------------------------•---•---•----•-----•------- ----•-------•--------------•-----------------------------------•-----------•---------••--------------....----------------------•------•--•-------- ------•--------------•--------......------------------•---•--------••--•-•--•-•---•---••-------------•-----•-•-------....---••---.....--•--- ---------•----------•------------•-----------------------••--•--•-••---••----------•-•----....._.............--•-----•-----•------...---- This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires...._Dezember ...3.1 -*...199 2.............unless sooner sRwle]*kd or revoked. kL .... February --- 9-. ..................... 19 ..... 9 2 FORM 451 HOBBS @ WARREN, INC. OO �ro TROD min :13m z O PJ O rn O y r O Q cn D -4 fa n -I rD r+ o z n rF= 3 O m� n C O Z o r_ OD ,, z v Z C m O D rJ! m C) r �n r mmD �.• m=N 111 Z r Dno> Xmi -i W O fDvO ru 133 A 0) 0 �LwN 0--4 CP ZZNI r DSO O omv r amt Ln '" O < r u <. �o ra ,IW A N c Z O � N s Cn OD Cb o 00 0 ,� t NOR7,y� 04St<<o 0 BOARD OF HEALTH 120 MAIN STREET Q0�ATto I•P1`'(y �SSgcHustit NORTH ANDOVER, MASS. 01845 APPLICATION FOR DUMPSTER PERMIT PURSUANT TO SECTION 31A AND 31B OF CHAPTER 111 OF THE GENERAL LAWS, AND RULES AND REGULATIONS OF THE Q NORTH ANDOVER BOARD OF HEALTH DATE TO THE BOARD OF HEALTH: TEL: 682-6483 Ext. 32 or 33 Application is hereby made for a permit to maintain a dumpster on property located at 26 in accordance with the Rules and Regulations of the Board of Health Check use: ( ) Residential use ( ) 30 day temporary Name of applicant Owner of property i Commercial use ( ) Annual Telephone number: Q-XJ6 101/-"N' `/ On the bottom half of this form, please sketch an outline of property, showing the proposed location of the dumpster. Give distance from dumpster to other buildings and lot lines or boundaries. Use back side if additional space is needed. Please return this application with a fee of $10.00 ($5.00 for temporary permit) to: Board of Health, 120 Main St., No. Andover, MA 01845. DATE INVOICE AMOUNT 53-428/113 EVER CONSTRUCTION MGMT., INC. 8 6 .► 757A TURNPIKE STREET NORTH ANDOVER, MA 01845 PAY .`/ AMOUNT OF 'j - / DOLLARS DATE TO THE ODER OF DESCRIPTION CHECK N0. SUB.I ACCT. N0. CHECK AMOUNT 1 leanHarbors ENVIRONMENTAL SERVICES® Clean Harbors Environmental Services, Inc. 42 Longwater Drive P.O. Box 9149 Norwell, MA 02061-9149 800.282.0058 www.cleanharbors.com July 11, 2006 Mark Rees Town Manager 120 Main Street North Andover, MA 01845 Re: Response Action Outcome Statement 9 2006 Hydraulic Oil Release 757 Turnpike Street TH A�Dpv�R North Andover, Massachusetts -tOHEA THD ARAM NT DEP Release Tracking Number: 3-25898 Dear Mr. Rees: A release of hydraulic oil occurred at the above referenced location, and has resulted in Immediate Response Actions being undertaken. This letter has been prepared in accordance with the public notification requirements of 310 CMR 40.1403 and 40.1406 to provide your office with notification of the release and a brief summary of the remedial activities. A copy of the Release Notification Form (BWSC-103) submitted to the Department of Environmental Protection (DEP) is attached. On May 16, 2006, a release of an estimated 10 to 20 gallons of hydraulic oil occurred to pavement, a grass area and to a catch basin and drain near the loading dock of a Super Stop & Shop shopping center in North Andover, Massachusetts. Heavy rains caused localized flooding, which resulted in water entering the hydraulic reservoir of a trash compactor and causing to it to overflow. The impacted pavement was cleaned with absorbent material and degreaser, and the oily water in the catch basin and drain were removed with a vactor truck. After the initial response, three cubic yards of spent absorbent, soil and oily water were transported to Clean Harbors' Braintree, Massachusetts facility under Uniform Hazardous Waste Manifest MAU195380. On May 19, 2006, additional impacted soil was excavated from the site with an excavator. A total of 16.01 tons of soil were excavated and transported to the Turnkey Landfill facility in Rochester, New Hampshire for disposal on May 25, 2006. Post -excavation soil samples were collected from the excavated area and submitted to GeoLabs in Braintree, Massachusetts for EPH analysis. 757 Turnpike Street North Andover, MA Page 2 of 2 The analysis revealed no petroleum hydrocarbons at concentrations above the applicable Method 1 Risk Standards. Based on the results of the laboratory analysis and the cleaning of the impacted pavement and drain structures, the response actions performed for the release of hydraulic oil have achieved a level of No Significant Risk with respect to human health and the environment. Furthermore, no risk to public safety or welfare exists at the site following the response. As such, a Permanent Solution has been achieved for this release, and the requirements for a Class A-2 Response Action Outcome have been met. A copy of the Response Action Outcome Statement is available at the offices of Waste Management of New Hampshire (ATTN: Brian DesMarais, 4 Liberty Lane West, Hampton, NH 03842), or at the Northeast Regional Office of the Massachusetts Department of Environmental Protection (205B Lowell Street, Wilmington, MA, 01887). No action other than the receipt of this letter is necessary by your office. Sincerely, oma„ � 9,,,rjt Ellen Blackburn Senior Project Engineer Attachments Cc: Susan Sawyer, Director, Board of Health, 1600 Osgood Street, North Andover, MA 01845 Project File No.: E01181930 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC103 RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number RETRACTION FORM - 5898 Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) A. RELEASE OR THREAT OF RELEASE LOCATION: 1. Release Name/Location Aid: Trash Compactor Hydraulic Oil S Street Address: 757 Turn Cityrrown: North Andover 4. ZIP Code: 01845-0000 UTM Coordinates: a. UTM N: 4724977 b. UTM E: 327064 I B. THIS FORM IS BEING USED TO: (check one) © 1. Submit a Release Notification ❑ 2. Submit a Revised Release Notification ❑3. Submit a Retraction of a Previously Reported Notification of a release or threat of release including supporting documentation required pursuant to 310 CMR 40.0335 (Section C is not required) (All sections of this transmittal form must be filled out unless otherwise noted above) INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE (TORI: a. Sudden Release b. Threat of Sudden Release Date and time of Oral Notification, if applicable: 05/16/2006 Time: 02:45 ❑ AM Q PM mm/dd/yyyy hh:mm Date and time you obtained knowledge of the Release or TOR: 05/16/2006 Time: 01:45 ❑ AM Q PM mm/dd/yyyy hh:mm Date and time release or TOR occurred, if known: 05/16/2006 Time: ❑ AM © PM mm/dd/yyyy hh:mm eck all Notification Thresholds that apply to the Release or Threat of Release: r more information see 310 CMR 40.0310 - 40.0315) 2 HOUR REPORTING CONDITIONS a. Sudden Release b. Threat of Sudden Release c. Oil Sheen on Surface Water ❑ d. Poses Imminent Hazard e. Could Pose Imminent Hazard ❑f. Release Detected in Private Well ❑ g. Release to Storm Drain ❑ h. Sanitary Sewer Release (Imminent Hazard Only) 5. 72 HOUR REPORTING CONDITIONS a. Subsurface Non -Aqueous Phase Liquid (NAPE) Equal to or Greater than 1/2 Inch ❑ b. Underground Storage Tank (UST) Release ❑ c. Threat of UST Release ❑ d. Release to Groundwater near Water Supply e. Release to Groundwater near School or Residence f. Substantial Release Migration 6. 120 DAY REPORTING CONDITIONS a. Release of Hazardous ❑Material(s) to Soil or Groundwater Exceeding Reportable Concentration(s) b. Release of Oil to Soil Exceeding Reportable Concentration(s) and Affecting More than 2 Cubic Yards C. Release of Oil to Groundwater Exceeding Reportable Concentration(s) d. Subsurface Non -Aqueous ❑ Phase Liquid (NAPE) Equal to or Greater than 1/8 Inch and Less than 1/2 Inch Revised: 02/10/2006 Page 1 of 3 Revised: 02/10/2006 rage c or 3 Department of Environmental Protection Bureau of Waste Site Cleanup BWSC103 L71Massachusetts RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number RETRACTION FORM 3] - 25898 Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE (TOR): (cont) J 7. List below the Oils (0) or Hazardous Materials (HM) that exceed their Reportable Concentration (RC) or Reportable Quantity (RQ) by the greatest amount. 0 or HM Released CAS Number, 0 or HM Amount or Units RCs Exceeded, if if known Concentration Applicable (RCS -1, RCS -2, RCGW-1, RCGW-2) Hydraulic Oil 0 10-20 GAL ❑ 8. Check here if a list of additional Oil and Hazardous Materials subject to reporting is attached. D. PERSON REQUIRED TO NOTIFY: 1. Check all that apply: ❑ a. change in contact name ❑ b. change of address ❑ c. change in the person notifying Waste Management of New Hampshire 2. Name of organization: Brian 4. Last Name: DesMarais 3. Contact First Name: 4 Liberty Lane West 6. Title: Environmental Manager 5. Street: 7. Cityrrown: Hampton 8. State: NH 9. ZIP Code: 03842-0000 10. Telephone: (603) 929-5411 11. Ext.: 12. FAX: 0 13. Check here if attaching names and addresses of owners of properties affected bit the Release or Threat of Release, other than an owner who is submitting this Release Notification (required). E. RELATIONSHIP OF PERSON TO RELEASE OR THREAT OF RELEASE: 0 1. RP or PRP ❑ a. Owner ❑ b. Operator ❑ c. Generator ❑ d. Transporter W1 e. Other RP or PRP Specify: Compactor Operator ❑ 2. Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c. 21 E, s. 2) ❑ 3. Agency or Public Utility on a Right of Way (as defined by M.G.L. c. 21 E, s. 50)) ❑ 4. Any Other Person Otherwise Required to Notify Specify Relationship: Revised: 02/10/2006 rage c or 3 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC103 RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number RETRACTION FORM 3❑ _ 25898 Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) IF. CERTIFICATION OF PERSON REQUIRED TO NOTIFY: 1. I, Brian DesMarais , attest under the pains and penalties of perjury (i) that I have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this transmittal form, (ii) that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. 1/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to, possible fines and imprisonrgel for wI y submitting false, inaccurate, or incomplete information. 2. By: 3. Title: Environmental Manager Signature 4. For: Waste Management of New Hampshire (Name of person or entity recorded in Section D) 5. Date: 07/0 mrNdd/yyyy ❑ 6. Check here if the address of the person providing certification is different from address recorded in Section D. 7. Street: 8. City/Town: 11. Telephone: 9. State: 10. ZIP Code: 12. Ext.: 13. FAX: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO $10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM, YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp (DEP USE ONLY:) Revised: 02/10/2006 Page 3 of 3 Property Owners Affected by Release Name and address: J.K. Realty Trust 61 Brentwood Circle North Andover, MA 01845 n 7 —:s v o S. RUSSELL SYLVA Commissioner 935-2160 IN THE MATTER OF: V -i� GCUa us�s2, 0lS01 NORTHERN ASBESTOS ABATEMENT CO. ) 757 A Turnpike Street ) North Andover, MA 01845 ) I. THE PARTIES August 19, 1987 ORDER AND NOTICE OF NONCOMPLIANCE File #MB -029 1. The Department of Environmental Quality Engineering [the "Department"] iso, Y a duly constituted agency of the Commonwealth of Massachusetts. Its principal office is located at One Winter Street, Boston, Massachusetts and it operates a regional office at 5 Commonwealth Avenue, Woburn, Massachusetts. 2. Northern Asbestos Abatement Co., Inc. ["NAACO, Inc."] is a Massachusetts corporation with a business address of 757 A Turnpike Street in North Andover, Massachusetts which is engaged in demolition/renovation and construction. II. STATEMENT OF FACTS AND LAW 6 Y 1. The Department implements and enforces the Massachusetts CLean AIr Act 4 statute relative to asbestos, G.L.c. 111 sectionm 142A -J, G.L.c. 21E, andl regulations promulgated 310 CMR 7.00. 2. NAACO, Inc. was issueda notice of violation dated June 11, 1986 for asbestos -containing material which had not been adequately wetted at the Mt. Carmel School, Grove Street in East Boston. it 3. On July 21, 1987 Department personnel observed 4 bags of inadequately wet" asbestos -containing material at 365 Boston Road in Billerica. This constitutes a condition of noncompliance with 310 CMR 7.09(5) - Handling (NESHAPS). �a s NAACO, Inc. Page -2- III. DISPOSITION AND ORDER i For the reasons stated above the Department hereby ORDERS the following. This ORDER shall be binding on NAACO, Inc. and on its successors, heirs and assigns. NAACO, Inc. shall not violate this ORDER and shall not allow or suffer its employees, agents, or contractors to violate this ORDER. Pursuant to Generali Laws, Chapter 21A, Section 16 and 310 -CMR 5.00 the Department hereby determines i that the deadlines set forth below constitute reasonable time for coming into compliance with the provisions cited above. 1. NAACO, Inc. or its responsible designee shall immediately (within 24 hours of receipt of this Order) seal all openings to ambient air at 365'} Boston Road, Billerica with an air -tight barrier to prevent any further'. release of a hazardous substance, asbestos, to the ambient air. 2. NAACO, Inc. or its responsible designee shall immediately cease and d desist from all demolition, and/or asbestos removal operations at 365' Boston Road, Billerica. 3. NAACO, Inc. or its responsible designee shall submit a written proposal] for the removal and clean-up of the asbestos -containing material at 365 Boston Road, Billerica to the Department. This proposal must be r submitted to the Department for review and written Department approval.,, a 4 4. NAACO, Inc. or its responsible designee shall not commence asbestos removal and clean-up activities prior to a Department inspection which will confirm compliance with the above stated proposal, if approved by the Department. During the inspection the Department reserves the right to approve or disapprove of the commencement of asbestos removal j activities in the building located at.365 Boston Road, Billerica. 5. NAACO, Inc. shall post a Notice (Attachment A) at the entrance.to work areas of all future renovation, demolition, and/or asbestos removal jobs which it performs in the next six months. x' 6. Further demolition, renovation, and/or salvage activities may not commence until the building or sections of the building are inspected by Department personnel and written approval by the Department to proceed h has been received by the owner of the property at 365 Boston Road,, Billerica. m 7. NAACO, Inc. or its responsible designee shall submit copies of landfillk charges for disposal'of all asbestos waste material removed from 365 Boston Road, Billerica along with the address and number of loads, to the Department within 15 days from the date when the asbestos leaves the site. r n 3'r J! t NAACO, Inc. Page -3- Questions regarding the contents of this ORDER should be directed to Mr. I Weiscopf S. Kelly, Metropolitan Boston/Northeast Region, 5 Commonwealth Avenue, Woburn, Massachusetts 01801. NAACO, Inc. is advised that if it fails to comply with this ORDER, G.L.C. 111, Section 142A & B provides for penalties of up to $5,000.00 for each "first" offense and not more than $10,000.00 for each day during which each violation covered by this ORDER continues or is repeated. NAACO, Inc. is advised that violations of ;r G.L.c. 21E, Section 7 provide for penalties of up to $100,000.00 or imprisonment for up to 20 years or both, for each day during which each violation covered by j this ORDER continues or is repeated.. a NAACO, Inc. is further advised that if it fails to comply with this ORDER G.L.C. 21A, 16 provides for civil administrative penalties of up to $25,000.00 for each day after the issuance of this ORDER during which each violation covered by f this ORDER continues or is repeated. t, i i Department of Environmental Quality Engineering DATE: a 7 BY: Richard J. Chalpi ' Deputy Regional Environmental Eng neer 5 Commonwealth Avenue, Woburn, MA 01801 (617) 935-2160 1 Certified Mail No. or Delivery Person: f cc: DAQC, One Winter Street, Boston, MA 02108 - ATTN: Mr. Robert Donaldson DAQC, Western Region, State House - West, P.O. Box 2410, Springfield, MA f 01103 - ATTN: Mr. David Howland 5 DAQC, Southeast Region, Lakeville Hospital, Lakeville, MA 02346 ATTN: Mr. Vaughn Steeve§ DAQC Central Region, 75 Grove Street, Worester, MA 01605 !. ATTN: Mr. Thomas Cusson Board of Health, Town Hall, Billerica, MA 01821 Board of Health, Town Hall, N. Andover, MA 01845 Octi;bl­er 16, 1997 Reference #960916 SIMMONS Environmental Services, Inc. Sandra Starr, Health Inspector Municipal. Building 120 "tfa.in Street l o:rt'l Andover, Massachusetts 01845 Dear Ms. Starr: 29' Simmons Environmental Services, Inc. (SIMMONS) has recently submitted. correspondence that will cot} Hin that a Class A-2 Response Action Outcome (RAO) Stat;",m.ent pur~spam to 310 CMR 40.1056 (Massachusetts Departme„ t. of Environmental Protection (MDEP) Release Tracking #3-15601 for proper*,,; at 757 'rurn.pike Street, North Andover, Massachusetts. This submittz-:111 package has bee filed with the with the Metro Boston/Northeast Regional. Office of the Ma-sach:asetts Department of Environmental Protection (ML'.FP), 10 Commerce Way, Woburn, Massachusetts 01801. Arra.ngernenCs tnay be made to review or copy the above referenced submittal and c0sposal site file. The files are available at the MDEP Regional Office, 10 Commerce Way; Woburn, Massachusetts at (617) 932-7600. Very truly yours;, William A. Simmons Licensed Site Professional - 213 Elm Street Salisbury, MA 01952 Telephone 508-463-6669 Fax 508-463-6679 ✓Vo.Fee --�--- _ i THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH 1970 �4W W to Trrtifn t4Mt_ is hereby granted permission to install CESSPOOL—SEPTIC TANK on the premises at_� in accordance with an application on file at this office. Said work must be done in strict conformity with the requirements of the regulations the Board of He Ith relating thereto. CH RMAN OF THE BOARD OF HL'iH Violation of any of the requirements or conditions will cause immediate "vocation of this permit. ,7s7� Cz- APPLICATION FOR SEWAGE DISPOSAL INSTALLATION HEALTH DEPARTMENT - NORTH ANDOVER, MASS. I h reby tZa pl'cation for a perms for a sewage disposal installation at h.2_ .�.� permit I will install this system in ac- cordance wifh all the' -laws of the Com onwealth of Massachusetts and regulations of the Board of Health of the Town of North Andover. Further, I will construct the house sewer of bell and spigot pipe, the minimum diameter being 4 inches, and will maintain a minimum grade of 1% until 10 feet pre- ceding the septic tank, where the grade shall not exceed 2%. I will install a con- crete septic tank of 1,5-1---0 in size. A manhole (s) permitting easy cleaning will be provided with removable cover (s) of iron or concrete within 12 inches of j the ground surface. I will provide subsurface disposal field with 4 inch perforated or open jointed pipe and laid in a series of trenches, the bottom of which will pro- vide a minimum of lineal (square) feet of effective absorption area. The pipes will be laid on a 6 inch layer of washed gravel or crushed stone ranging in size from 3/4 to 1-1/2 inches (dia.) and the pipes will be surrounded by similar material to a height of 2 inches above the crown of the pipe. The joints of these pipes will be protected from clogging and before filling the trench, 2 inches of gravel or stone 1/8" to 1/4" (dia.) will be placed over the course gravel or stone. The disposal field will be installed at a grade of 4 to 6 inches/100 feet. No single tile lane will exceed 100 feet in length and in any case, two lines of tile will be installed. A minimum of 6 feet will be maintained between the center lines of the disposal field trenches and the average depth of trench shall not exceed 36 inches. No part of the installation will be less than 100 feet from any private water supply, 25 feet from any stream, 20 feet from any dwelling or 10 feet from any property line. I further agree not to cover any portion of this installation until approved by the inspection officer, as provided below, and to incorporate any additional requirements that may be attached to the permit. Plot Plans must be submitted with application. DATE �� `�/ % I-) Signature of 'Applicant I hereby issue the above permit for the Board of Health of the Town of North Andover, ,�Massachusetts. DATE U/ �`� % Sig#ture''oY Health Agent I have inspected the uncovered system indicated above and find everything done as described. DATE Signature of Inspecting Officer f Percolation Test Garbage Grinder R rl BOARD OF HEALTH TOWN OF NORTH ANDOVER, MASS. %o �fID lot - J, Y 60 y� /�9 0 �s cl,s—D _ j�f _ 1. NAME 'On 4 `�.1 0 v DATE T r 2. ADDRESS %f LOT NO. TEL. 3. NO. OF BEDROOMS DEN YES NO 4. GARBAGE GRINDER YES NO 5. SHOW DIMENSIONS OF -He= 0� 6. SHOW DISTANCES OF HOUSE TO ALL PROPERTY LINES 7. SHOW DIMENSIONS OF LOT 8. SHOW LOCATION AND SIZE OF SEPTIC TANK OR CESSPOOL 9. NOTE LOCATION AND DISTANCE OF WELL FROM SEWERAGE SYSTEM 10. SHOW LOCATION OF BROOKS, STREAMS, DITCHES, LEDGE OUTCROP, ETC. 11. SHOW DISTANCE OF SEPTIC TANK OR CESSPOOL FROM HOUSE NOTE: LOCAL REGULATIONS SHOULD BE READ CAREFULLY. BOARD OF HEALTH OF NORTH ANDOVER, MASSACHUSETTS SEWAGE DISPOSAL DATE ft 12470 NAME OF APPLICANT ECA LOCATION Tiirn i� kA Sty Address of lot no, BUILDING: Dwelling Other Rus ineaa SYSTEM: New X Repair GENERAL DESCRIPTION OF LAND high SUBSOIL: Clay Gravel Sandy Cy �_a�7� PERCOLATION TEST minutes per inch, MINIMUM INSTALLATION RECOMMENDATIONS CONCRETE SEPTIC TANI,5oo gallon capacity. LEACH FIELD 3.0D lineal feet of drain pipe, Q William J, Dr scoll, nginee Board of Hea Ar 6 � Q AORTH � SSAC�aUSJ' BOARD CSF HEALTH 120 MAIN STREET TEL: 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 APPLICATION FOR DUMPSTER PERTMI`L' PURSUANT TO SECTION 31A AND 31B OF CHAPTER 111 OF THE GENERAL LAWS, AND RULES AND REGULATIONS OF THE NORTH ANDOVER BOARD OF HEALTH DATE '/ � TO THE BOARD OF HEALTH: Application is hereby made for a permit to maintain a'dumpster on property located at 7�' �� .T in accordance with the Rules and Regulations of the Board o'f Health Check use: ( ) Residential use ( ) 30 day temporary Name of applicant ( ) Commercial use ( } Annual S /-Zo .hi -s 7 Owner of property: &I; / Telephone number: C5_0�_ 6x3`I)/G On the bottom half of this form, please sketch an outline -of . property, showing the proposed ocatio of#rnc l�ster. Give.. distance from dumpster to ui n lot .lines., or . boundaries. Use back side i add'tlonal space is. needed. -- - . )-ev-g 40, sYQre M ` 1 Rfr jib Please return this application with a fee of $10.00,($5.00 for temporary permit) to: Board of Health, 120 Main St., No. Andover, MA 01845. 1 0� 11 M5 41 Oik, 4 f, 3N V M 'N A A4" 5� Y "K "N Viv NUMBER THE COMMONWEALTH OF FEE MASSACHUSETTS ...... TQWN.. .............. This is to Certify that ....... McLay.l. ............ s F t tis' NAME ............... -7-9-7 ... TurnPike-Str-e.e.t., ---Nor t -h -Andover. ADDRESS ... MA ... ...................... IS HEREBY GRANTED A PERMIT Maintain one (1) dumpster For ...... ............................. ........................... .............. .............................. ............................................................. ............................................. ................ ....... ............................................................................................... ........................................................................... Th* .................................................................... 18 permit is granted in conformity Ivitli the Statutes . ..................................................... expires..... . qqpeM�?f�K 31, and ordinances relating the unl, and 8s sooner 81181)cn(led or revoked. OF .................. .............. -----•----•----.19---- - 91 . ........ ..... V ... . ...................... ....... Jut - - FORM 451 HOBBS & WARREN, INC. --------------- --- ........................ Z1, .......... .. .................................... ',.,•� �•. .' r�+ �'��('.�, 7'{�' "#"''�'f"�; �'�'' �i •t. y ' ';:'r`,i;c .-,r:. - `:'i ry?,a '+Y, ;le 7 °t 1yt 'a ,At,�t'• Y4p V'SA't�r� a G 1 'u 1 4 ?F?FSiia.." 1 t�YY ',�+' `,� S,j d7Sti 'J�'.it _ •^' THIS CHECK IS IN PAYMENT OF THE FOLLOWING: McLAY'S FLORIST A ``� t r� t >��� s�s�s• tf�z z&: GARDEN CENTER, INC. 9161 TURNPIKE757 c. z? z �,53'NORTH ANDOVER MASSACHUSETTS 01845 + i Z�SZrt><< SHAWMUT ARLINGTON TRUST COMPANY LAWRENCE, MA 53.111/113 t 4 $aPAY- DOLLARS } •� �S< �L `"��[c i' f'Z{'�s '�� � ��1 tai �'ta L - 4 ' t r f RfZc 70 TH :� a, r -;t. ?i •r ,. S DER5 > �Jr?1_ ^i,s/ Q5 00'jC�rJ ,s,�,��,;S1J4 Z $�•<t.}'?�`�'"•:�f' �' AUTHORIZED SIGNATURE ? 009 l6;•!�:0 1130 11701: 3 2 0 17 7 10 Sum a, n °� � �'1 Fsi YAC'?. .+ � - Y�•:,St �a '� y,i�,6.xr� Z 4 � SKS _ • ' r 1 S t i f }!t 1 i.la I • �, ?F?FSiia.." 1 t�YY ',�+' `,� S,j d7Sti 'J�'.it _ •^' THIS CHECK IS IN PAYMENT OF THE FOLLOWING: McLAY'S FLORIST A ``� t r� t >��� s�s�s• tf�z z&: GARDEN CENTER, INC. 9161 TURNPIKE757 c. z? z �,53'NORTH ANDOVER MASSACHUSETTS 01845 + i Z�SZrt><< SHAWMUT ARLINGTON TRUST COMPANY LAWRENCE, MA 53.111/113 t 4 $aPAY- DOLLARS } •� �S< �L `"��[c i' f'Z{'�s '�� � ��1 tai �'ta L - 4 ' t r f RfZc 70 TH :� a, r -;t. ?i •r ,. S DER5 > �Jr?1_ ^i,s/ Q5 00'jC�rJ ,s,�,��,;S1J4 Z $�•<t.}'?�`�'"•:�f' �' AUTHORIZED SIGNATURE ? 009 l6;•!�:0 1130 11701: 3 2 0 17 7 10 Sum a, v jtORTH � 0�`4��ao ±a gti0 i Jo p s BOARD OF HEALTH 120 MAIN STREET - TEL: 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 APPLICATION FOR DUMPSTER:PERMIT PURSUANT TO SECTION 31A AND 31B OF CHAPTER 111 OF THE GENERAL LAWS, AND RULES AND REGULATIONS OF THE NORTH ANDOVER BOARD OF HEALTH DATE I TO THE BOARD OF HEALTH: Application is hereby made fora,permit to maintain a dumpster on property located at R�^ q y ie. E�Q V S� 4 in accordance with the Rules and Regulations of the Board of Health Check use: ( ) Residential use ( ) 30 day temporary Name of applicant Owner of property:t Commercial use Annual R� YI e � &- &' n def L I a 1, 4 - Telephone number:yr 6�3 S� On the bottom half of this form, please sketch an outline of property, showing the proposed location of the dumpster. Give distance from dumpster to other buildings and lot lines or boundaries. Use back_ side if additional space is needed. 10 Please return this application with a fee of $10.00 ($5.00 for temporary permit) to: Board of Health, 120 Main St., No. Andover, MA 01845. d�M ����C� �� NUMBER FEE �— THE COMMONWEALTH OF MASSACHUSETTS $10.0 0 TOWN Of ........NORTH ANDOVER � .•.. This is to Certify that McLay'.s_ Florist ...................... NAME 757 Turnpike Street --------------------------------•--------.....---------------------------....---...----------------------------------------------------.......................-•--•-•--•--. ADDRESS IS HEREBY GRANTED A PERMIT For Maintain One (1) . ......... ............................................................................................................................................................................ .----•--------•-----------------------•---------------------•-----......--------............................----•---................------........----...-------•--------•-. ...................•---•---------......---.......---•-----................-•------•--••-----................------•----------....................---................----•--- This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires .............. DeCembLP_.r...31...... 19.9.2..... unless sooner sj%ftfifle4-r revoked. .......Dec emhar--- 13-f ............... 19--9-1 FORM 451 HOBBS & WARREN. INC. THIS CHECK IS IN PAYMENT OF THE kox McLAY'S FLORIST 10548 •� �& GARDEN CENTER, INC. 757 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS 01845 SHAWMUT BANK 53.117/113 LAWRENCE, MA PAY 7e.1 � DOLLARS DATE CHECK NO. AMOUNT TO THE ORDER OF / �/ C7 � (J /' I Tt Xv11 I. -q'4��" • AUTHORIZED SIGNATURE �5 I u'O L0 54811' � O I L 30 1, 001: 32 -0 17 7 10 SO r. WILLIAM J. SCOTT Director Town of North Andover TOVJA! OF;,O OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES - 146 Main Street i 8 North Andover, Massachusetts 01845 NOTICE OF DECISION Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the Town Clerk. Date June 10, 1997 Date of Hearing 3/18, 4/8,4/15,5/20 1997 6/3 1997 Petition of 757 Turnpike Str ( Stop & Shop) Premises affected 757 Turnpike Street , Rt. 114 Referring to the above petition for a special permit from the requirements of the North ANdover Zoning Bylaw Section 8.3 so as to allow_ a one Story steel frame, block with clapboard siding with a one floor mezzanine. After a public hearing given on the above date, the Planning Board voted to Approve the Site Plan Review based upon the following conditions: Signed —xllt'1�6C CC:Director of Public Works Joseph V. Mahoney, Chairman Building Inspector Natural Resource/Land Use Planner Richard Rowen, Vice Chairman Health Sanitarian, Assessors Alison Lescarbeau, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer John Simons File Interested Parties Planning Board HEALTH 688-9540 PLANNLNG 688-9535 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 z C - z o zza�o C,� sv an;or? -:" :E Date June 10, 1997 Date of Hearing 3/18, 4/8,4/15,5/20 1997 6/3 1997 Petition of 757 Turnpike Str ( Stop & Shop) Premises affected 757 Turnpike Street , Rt. 114 Referring to the above petition for a special permit from the requirements of the North ANdover Zoning Bylaw Section 8.3 so as to allow_ a one Story steel frame, block with clapboard siding with a one floor mezzanine. After a public hearing given on the above date, the Planning Board voted to Approve the Site Plan Review based upon the following conditions: Signed —xllt'1�6C CC:Director of Public Works Joseph V. Mahoney, Chairman Building Inspector Natural Resource/Land Use Planner Richard Rowen, Vice Chairman Health Sanitarian, Assessors Alison Lescarbeau, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer John Simons File Interested Parties Planning Board HEALTH 688-9540 PLANNLNG 688-9535 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director June 10, 1997 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 30 School Street North Andover, Massachusetts 01845 Re: Site Plan Review/757 Turnpike Street (Stop & Shop) Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, March 18, 1997 at 7:30 p.m. in the Senior Center behind the Town Building, upon the application of North Point Realty Development Corp. ,231 Sutton Street, Suite IA, North Andover, MA 01845 requesting a special permit under Section 8.3 Site Plan Review of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on February 26 and March 5, 1997 and all parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member ,John Simons and Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present. The petitioner was requesting a special permit to allow for the construction of a (I)one story steel frame, block with clapboard siding with a one floor mezzanine. The proposed retail building is 77,084 SF. The location of the project is 757 Turnpike Street (Rt. 114) and is in the General Business (GB) Zoning District. Tom Laudani, Developer, Louis P. Minicucci, Jr., Developer, Richard E. Landry, Architect, V, Micheal Weinmayer, Landscape Designer, Dermot Kelly, Traffic Consultant, James Sylvia, Stop & Shop Manager and Steve Stapinski, Engineer were all present to represent Stop & Shop. Mr. Laudani gave an overview of the project. The site is on Rt. 114 - South Westerly direction consisting of 5.7 acres. The building footprint of approximately 64,000 SF with 77,000 SF total with a mezzanine. The site has frontage on Rt. 114 which consists of 375' and 634' on Willow Street. It is the former site of McLays Florist which is zoned (GB)General Business. The site is relatively flat with no wetlands. Mr. Laudani stated that they will be widening Rt. 114 by 13' from Mill Road to Jasmine Plaza. Mr. Laudani stated that Stop & Shop will be one of the largest taxpayers in the town and will create about 250 full,/part time jobs. CONSERVATION 688-9330 HEALTH 688-9540 PLANNING 688-9535 Richard Landry spoke about the architectural design of the building. Mr. Landry stated that he has done a number of Stop & Shops. They consist of brick and clapboard siding with a canopy and columns. The rear of the building will be concrete block painted beige. The standard Stop & Shop sign is not in compliance with the zoning bylaw as the main building sign has neon with aluminum letters. Dermot Kelly spoke about the traffic. Mr. Kelly showed the Board a USGS map. Mr. Kelly counted traffic from each plaza. Mr. Kelly stated that they would like to make 5 lanes and go back to 3 lanes at Jasmine Plaza. There will be a set of traffic lights at Stop & Shop. There is a curb cut at McLay road which will be realigned. The traffic leaving the Getty Station would be able to exit out through the Stop & Shop exit with the set of lights. Mr. Mahoney stated that all highway improvements would have to be approved by the State. Mr. Kelly stated that they have submitted a traffic study to the State. Ms. Colwell asked if the traffic lights on Rt. 114 would stop too much traffic on Rt. 114. Mr. Kelly stated that they would have to interconnect the lights. Mr. Rowen asked if they thought of tying into Jasmine Plaza. Mr. Laudani stated that it would not be feasible as the ownership of the Plaza has changed several times. They have thought about tying into the Getty Station. Mr. Laudani stated that there will be 2 accesses in the back to exit or enter from Willow Street. Mr. Laudani stated that they have had several meetings with the State Highway and they felt that there was not a substantial amount of traffic issues. Mr. Nardella suggested that the truck traffic use the Willow Street access. Mr. Stapinski stated that the Getty Station is on the Southeast, the Willows Office Park is South of the property, and Willows Racquet Club is West of the property and to the North is Jasmine Plaza. They will be connecting into the existing sewer. There are also hydrants on the site. There will be an alarm circuit on the front of the building. Mr. Stapinski also stated that a grease trap will be put into the sewer line. There will be three loading docks in the back and two on the side. They will provide trucks to come in and take away the trash. Mr. Rowen stated that he knows that the Fire Department like to have a 360° turn around but he likes this idea. Mr. Stapinski stated that without sprinklers you need a 360° turn around but without them access to three sides is sufficient. Ms. Colwell stated that she has concern with the trucks that would be entering at the second Willow Street entrance as large trucks will be mixing with shoppers. She would like to see that part of the lot be employee parking. Ms. Lescarbeau asked what time the deliveries were made. Mr. Stapinski stated that they are made in the a.m. Mr. Mahoney asked about the parking. Mr. Stapinski stated that they have asked the building inspector and he stated that they need 312 parking spaces. They went to the Zoning Board of Appeals and requested a variance. They propose 9'x 18' parking spaces instead of the 10'x 20'required in the Zoning Bylaw. They would also have 15 handicap spaces that are 12'x 20'. Mr. Laudani stated that there are numerous locations throughout the town that have 9'x 18' parking spaces. Mr. Laudani also stated that they will have no compact car parking spaces. Mr. Kelly stated that they will have a bench under a covered part of the building for citizens that would require a bus to transport them to and from the store. They also are planning on putting shopping on the Internet (Peapod). Mr. Simons asked what the size of the building was and how many parking spots there are in the North Reading store. Mr. Sylvia stated that the North Reading store has 84,000 SF and has 456 parking spaces. Mr. Simons feels we are going to have parking problems. Mr. Laudani stated that they are conforming to the Towns Bylaw. Mr. Laudani also stated that North Reading was made for future expansion and had extra space on the site. The site will only exceed in parking during Christmas and Thanksgiving. Mr. Sylvia stated that the customers are their main priority and he believes that 300 parking spaces are sufficient. Jim Sylvia passed out annual reports which summarized the company. Stop & Shop has been around since 1914. It is one of the largest supermarkets companies. They operate 186 stores in New England. Michael Weinmayer discussed the landscaping. There are going to be a total of 110 trees and 1,000 shrubs to accent the site. Some of the trees and shrubs they will be using will be forsythia, junipers, evergreens and burning bush. There. Will be fence at the entrance. Mr. Nardella asked where the snow will go in the winter. Mr. Stapinski stated that they will have it plowed into the 6' buffer strip and then removed. Mr. Minicucci stated that the total development of the project will cost 10 million dollars. There will be 200-250 perm/temp jobs. There will be 20 million dollars in revenue. Many of those dollars are presently going out of the town of North Andover. Jay Diorio, of Hillside Road stated that the traffic is substantial enough on Rt. 114. There are not 3 lanes on Rt. 114 as one is a turning lane. He stated that Rt. 114 is a nightmare and North Reading is a totally different site. Mr. Diorio stated that Rt. 114 will soon become a Rt.28 in Salem, NH. Mr. Diorio stated that they have added Osco & Crossroads and are not looking in the best interest of the town. Al Perry, stated that, he is the father of 7 kids and spends $500 a week in groceries. He stated that his wife has to go shopping 3 times a week and goes shopping at the Stop & Shop in North Reading. He stated that he is very inconvenienced with the shopping in North Andover. Paul Ruthier of Chestnut Green stated that the new traffic lights will help a great deal with the traffic. Scott Hajjer of Turnpike Street state that the traffic is already there. As a resident of the town he believes the traffic lights will make people slow down. As a taxpayer it will bring more income into the town. Janet McLennan of McLennan & Company, read a letter in favor of Stop & Shop and is available in our files. Brian Lawlor of Stevens Street, stated that it will create a number of jobs and a lot of residents are excited. Linda Jones of Bonny Lane, is in favor of this and believes this will enhance the town. Lou Kemmic of 707 Turnpike Street, has concerns -of the high water table. He stated that Rt. 114 is paralyzed at 5:00 - 6:30 p.m. and it is also completely stopped in the a.m. in front of his building. Mr. Kemmic stated that he has had his office there for 30 years and the meadow next to his building and Jasmine Plaza has flooded. Mr. Mahoney stated that we will have to continue in two weeks. Continued until April 1, 1997. Due to a snow storm the public hearing was continued until April 8, 1997. The North Andover Planning Board held a regular meeting on April 8, 1997. The following members were present: Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, Richard Nardella and Kathleen Bradley Colwell, Town Planner was also present. Tom Laudani was present representing Stop & Shop. Mr. Laudani handed the board a list of 200 people who are in favor of Stop & Shop. Dermit Kelley of DJK Associates was present to speak about the traffic issues. Mr. Kelley stated that they will be reconstructing Rt. 114. They have met with Mass Highway and they have approved the plans but, have some suggestions that they would like them to do. Mass. Highway would like them to interconnect with the other lights. Mr. Kelley stated that they will be widening from the 3 lanes to 5 lanes with a long taper. The access is off of Turnpike Street and the truck access is off of Willow Street. Mr. Kelley presented the sketch of Rt. 114 from Osco to the site. The road presently at Osco Drug starts at 5 lanes then goes to 2 lanes then drops to 1 lane then goes back to 2lanes at Hillside Road. Mr. Kelley met with Mr. Hajec, the town's traffic consultant. The corridor study will go from Jasmine Plaza to Rt. 125. Mr. Nardella asked if the corridor study would take into consideration future zoning changes along Rt. 125/Rt. 114. Mr. Kelley stated that he would look at proposed zoning. Jay Diorio of Hillside Road, asked why they have not addressed the western side of Rt. 114. Mr. Diorio stated that he sat at the intersection of Hillside Road for 5 minutes trying to get out. Mr. Diorio also stated that there are two more pieces of property for sale and wants to know what is going to happen when those get built upon. Lou Kemmick of Turnpike Street, asked what the total number of cars that travel on Turnpike Street a day. Mr. Kelley stated that based on the traffic count, the new Stop & Shop would generate 357 trips. Mr. Nardella asked what the total number of cars that would enter the site is. Mr. Kelley stated that about 204 cars would enter the site a day. Mr. Nardella asked what the peak hours are for Turnpike Street. Mr. Kelley stated that they are from 4:30-5:30 p.m. Steve Stapinski of Merrimack Engineering, was present to speak about the engineering design overview. Mr. Stapinski stated that there is drainage on Willow Street to pick up runoff. Then it goes into the storm drainage on Rt. 114. The pipe on Rt. 114 does not have the capacity to maintain a 100 year flood. There are two separate systems proposed. The first is for flood storage. There are a series box culverts connected to the pipe. As the water backs up it is directed to these chambers. The water can not enter the higher chambers until the lower chambers are full. The second system deals with storm water control. They will put the detention underground. The site is graded at 1 '/i % consistently throughout the site. There will be catch basins set at every aisle. There are gas and oil traps. Mr. Nardella asked if there would always be water in the chambers. Mr. Stapinski stated that there would be in the spring. Mr. Nardella asked if there was 1' of water in the chambers could it then handle a 100 year flood. Mr. Stapinski stated that there would never be 1' of water it would only be 1/2" of water in the chambers. Mr. Nardella asked if they need maintenance. Mr. Stapinski stated that they have inspection manholes throughout the site to inspect. Mr. Rowen asked if they are going to have a problem with draining into the Getty Station. Mr. Stapinski stated that the Getty Station flows down into an open area, and that the Stop & Shop parking would not drain through the Getty property. Ms. Colwell stated that all of the drainage is being reviewed by John Chessia. Lou Kemmick of Turnpike Street, stated that during the last storm the water was flowing over his property and is very concerned about the drainage. Mr. Laudani stated that the signs don't conform to the Rules & Regulations and they are going to submit new plans. Mr. Nardella asked if they received a waiver from the Zoning Board of Appeals for the parking spaces. Mr. Laudani stated that they have to meet with them on April 17, 1997. Don Stewart of Prospect Street, stated that he is in favor of this project. Young Nam of 35 Phillips Common, stated that the project will provide a lot of part time and full time jobs for students and is in favor of this project. Mr. Nardella asked the applicant if they could work with the senior citizens to try to help them get to and shop at the new Stop & Shop. Mr. Laudani stated that he spoke to Kathleen Gomnan, Director of the Senior Center, about getting them hooked up to the Internet on line so that the Seniors will be able to use the Pea Pod delivery service to have their groceries delivered. The North Andover Planning Board held a regular meeting on April 15, 1997. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Richard Nardella and Kathleen Bradley Colwell, Town Planner was also present. Tom Laudani was present representing Stop & Shop. Ms. Colwell passed out a list of the remaining issues. 1.) utility easement 2.) stormwater drainage 3.) location of the wetlands 4.) the sign is non -conforming with bylaw. Atty. Robert Levy stated that on the northerly boundary line there is a utility easement that runs through the length of the property. They have a right to put parking over the easement. Bob Webster owns the easement. The storm water drainage is being worked out with John Chessia, the outside consultant, and the applicant. Mr. Laudani stated that they waited to file with ConCom until they met with Mass Highway. Curt Young, of Wetlands Preservation has flagged the property and Merrimack Engineering will be locating the flags and will be filing with ConCom on April 25, 1997. Mr. Laudani stated that the original sign was not in conformance with the bylaw. Mr. Landry, architect, showed the board a "halo" effect sign that is used on other Stop & Shop buildings. He stated that the letters are solid aluminum lit from the back. Mr. Simons stated that every sign we make the applicant put in is wooden and that's been normal. Mr. Simons would like them to put in a wooden sign like Star Market. Ms. Colwell asked about the sign at the entrance. Mr. Landry stated that it is the same as the one at the North Reading store and will have flood lights that shine on it. Mr. Nardella asked if dormers could be placed on the building similar to those used at Osco and The Crossroads. Mr. Laudani stated that they will submit plans with the dormers. Mr. Simons stated that he would like to see them put something.along the side of the building. Mr. Nardella suggested that they take a look at Osco Drug and then bring something back to us. Mr. Rowen stated that during the site walk Mr. Laudani stated that they are planning to put a chain link fence on the side of the building not on the front. Mr. Laudani stated they are no longer going to do that. Mr. Rowen suggested that the picket fence in the front of the building be staggered along the property to break up the site line. Mr. Laudani stated that he will look into it. Mr. Simons asked what the situation was with ZBA. Mr. Laudani stated that they are going before ZBA on April 17, 1997. Ms. Colwell stated that she would like to close the public hearing at the next meeting and will draft a decision. Continued until May 20, 1997 The North Andover Planning Board held a regular meeting on May 20, 1997. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella, John Simons, and William Scott, Director of Community Development. Tom Laudani was present representing Stop & Shop. Mr. Laudani stated that there are no major outstanding issues with John Chessia. Mr. Laudani, Mr. Scott, Mr. Stapinski and Mr. Chessia met last Thursday. Mr. Chessia submitted a letter to the Board stating there are only a couple of issues remaining on the drainage. Mr. Simons stated that he would like to see something done with the left hand front side of the building. Richard Landry of Landry Design Group, stated that they can't do to much because that is where the bakery and the pharmacy are. Mr. Laudani stated that they have been on a site visit to N. Reading and through extensive review of this and I thought we had an agreement. Mr. Laudani suggested that they do a design on the wall with the bricks protruding. Mr. Rowen asked what the wall on the right hand side of the building was so long for. Mr. Landry stated that the Board asked for that so it would screen the trucks that would be delivering products. Steve Stapinski stated they have developed a new model for drainage and submitted it to John Chessia and will have comments back by this week. Mr. Rowen asked if this drainage system is going to require a maintenance system. Mr. Stapinski stated that they are going to be filing a Notice of Intent with the Conservation Department and they will be providing a maintenance plan to them due to the Storm Water Management. Mr. Nardella stated that he would like it put. in the decision that the owner pays for the maintenance plan twice a year. Mr. Scott stated that if they are going to submit the maintenance plan to ConCom that they could submit it to Planning Department to put in the special conditions. Mr. Scott stated that they have to get there information into us by the 27h of May then we can have a decision pending on the receipt of the plans. Mr. Rowen asked if they need a permit to be open 24 hours. Mr. Scott stated that they have to go before the Board of Selectmen. Mr. Laudani stated that Chief Stanley sent a letter of his support of it being open 24 hours. Mr. Rowen asked if when we issue the decision it states that they have to go before the Board of Selectmen. Mr. Scott stated that they have to go before them anyway. Jay Diorio of Hillside Road, stated that he does not believe they have not addressed all the traffic issues. He stated that his property is going to be depreciated because of the Stop & Shop and because of all the traffic problems now. Ms. Lescarbeau stated that they are improving the traffic problems by having lights with a delay and by widening the road. Mr. Laudani stated that he has given Mr. Diorio his card several times and stated that to call him if he would like to talk about any problems to call him and he never contacted him. Mr. Laudani stated that we are widening the roads and synchronizing the lights. Mr. Laudani also stated that Stop & Shop is going to pay for the corridor study. Mr. Rowen asked if we could put in the decision that they can't put banners on the front of the fence. On a motion by Mr. Rowen, seconded by Mr. Rowen, the Board voted unanimously to close the public hearing and direct staff to draft a decision. The North Andover Planning Board held a regular meeting on June 3., 1997. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and William Scott, Director of Community Development. The Board agreed to set the bond for 757 Turnpike Street for $25,000. On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to approve the decision as amended for 757 Turnpike Street site plan review. Attached are the conditions. Sincerely, �a,o'%�� Joseph V. Mahoney, Chairman North Andover Planning Board 757 Turnpike Street (Stop & Shop) Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 77,084 SF one story with a mezzanine building located at 757 Turnpike Street in the General Business GB Zone. Northpoint Realty Development Corp. 231 Sutton Street, Suite IA, North Andover, MA 01845 requested this Special Permit. This application was filed with the Planning Board on February 19, 1997. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the General Business Zone along a major roadway, surrounded by industrial and commercial uses; 2. The use as developed will not adversely affect the neighborhood as the site is surrounded by industrial and commercial uses; _ 3. There will be no nuisance or serious hazard to vehicles or pedestrians as significant improvements will be made to Rt. 114; 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The following information must be provided to the consultant and to the Planning Department for review and approval and the appropriate changes made to the plans: i) Information as cited in the letter dated May 19, 1997 from John C. Chessia, PE of Coler & Colantonio, which is attached hereto and incorporated herein by reference. b) Corrections and additions must be made to the plan as follows: i) Corrections and additions as cited in the letter dated May 19, 1997 from John C. Chessia, PE of Coler & Colantonio, which is attached hereto and incorporated herein by reference. ii) The parking spaces adjacent to the proposed building near the Willow Street entrance must be designated as employee parking only. C) An operation and maintenance plan for the storm water and flood storage facilities must be submitted to the Planning Department. d) The final plan must be reviewed and approved by the drainage consultant, DPW and the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. e) A bond in the amount of $20,000 dollars shall be posted for the purpose of insuring that a final as -built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. f) 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. 2. Prior to the start of any work on site, a) The Planning Board must endorse the final site plan mylars. Three (3) copies of the endorsed plans must be delivered to the Planning Department. b) This decision must be recorded at the Essex North Registry of Deeds and a certified copy of the decision delivered to the Planning Department. c) The applicant shall determine the preexisting conditions of the noise levels emanating from the site area to determine the baseline noise conditions of the site area. The noise survey will provide evidence of the origin of surrounding noise and a baseline condition from which the applicant can determine their increases. The noise levels shall not increase the broadband level by more then 10 dB(A) above the ambient levels or produce a "pure tone" condition at the property line as set forth in DAQC Policy 90-001, the guideline for 310 CMR 7.10. 3. The applicant's contractor shall insure that the construction of the facility will not cause undue nuisance to adjacent businesses. Methods such as the following must be employed: a) Construction shall not begin prior to 7:30 am and shall cease at 5:30 p.m. b) Construction shall be limited to weekdays, Monday through Friday during the above hours. Construction may occur on Saturday during the hours of 9 am to 5 p.m. to facilitate a shorter construction period. c) Dust mitigation methods such as site watering to insure that dust does not leave the site during construction shall be implemented. 4. Prior to FORM U verification (Building Permit Issuance): a) A copy of the Highway Access Permit from the Massachusetts Highway Department must be submitted to the Planning Department. 5. Prior to verification of the Certificate of Occupancy: a) All roadway and traffic improvements outlined in the approved traffic study as referenced below must be completed as certified by the traffic engineer for the project. Report entitled: Buttress ENF Traffic & Access Study Turnpike Street (Route 114) North Andover, Massachusetts Submitted: Executive Office of Environmental Affairs MEPA Unit Proponent: Northpoint Realty Development Corp. Prepared by: Dermot J. Kelly Associates, Inc. Two Dundee Park, Suite 301 Andover, MA 01845 b) The applicant must submit a letter from the. architect or 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. c) The Planning Department shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Department 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. d) The building must have commercial fire sprinklers installed in accordance with a design approved by the North Andover Fire Department. 6. Prior to the final release of security: a) The applicant must complete the corridor planning study. This study will analyze the Rt. 114 corridor from Jasmine Plaza north to Rt. 125 and will be of sufficient detail and expertise to provide the Town with the information necessary to apply to the MED for Transportation Improvement Plan (TIP) funds. This study is to be funded within six months of the grant of the waiver from the requirement to prepare an Environmental Impact Report. b) The Planning Staff shall review the site. Any site screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. c) A final as -built plan showing the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed and accepted by the Planning Staff and the Division of Public Works. 7. All truck deliveries must be made to the site via Willow Street. 8. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff prior to the stockpiling. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. 9. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 10. The hours for trucks entering the site for shipping, receiving and waste hauling shall be limited to between the hours of 8 am and 6 p.m. Monday through Friday. Snow plowing may occur during operating hours and at least two (2) hours prior to the opening of the facility and four hours after the closing. 11. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 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 is permitted during burning season under the Fire Department regulations. 15. 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 employees and all successors and assigns in interest or control. 17. Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. 18. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 19. This Special Permit approval shall be deemed to have lapsed on (O two years from the date permit granted unless substantial use or constfuct on has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 20. The applicant or tenant shall not place banners or other like signs on any structure or erect structures to hold such advertising devices. 20. The following information shall be deemed part of the decision: 21. Plan entitled: Site Development Permit Plan Plan of Land in North Andover, Massachusetts Stop and Shop Retail Facility Prepared for: Northpoint Realty Development Corp. 231 Sutton Street — Suite IA North Andover, Massachusetts 01845 Scale: As noted Date: February 13, 1997, rev. April 9, 1997 Revisions May 19, 1997 Sheets: 1 through 13 Sketch titled: Sign Details Project Name: Super Stop & Shop Report entitled: Environmental Notification Form Proposed Stop & Shop Turnpike Street (Route 114) North Andover, Massachusetts Submitted to: Executive Office of Environmental Affairs MEPA Unit Proponent: Northpoint Realty Development Corp. Prepared by: Dermot J. Kelly Associates, Inc. Two Dundee Park, Suite 301 Andover, MA 01845 Merrimack Engineering Services 66 Park Street Andover, MA 01810 Report entitled: Buttress ENF Traffic & Access Study Route 114 & Willow Street N. Andover, Massachusetts Prepared by: Landry Design Group 395 Main Street Units 7 & 8 Salem, NH 03079 Sketch Number: PA -1 Date Issued: 2/14/97 Revisions 4/21/97 & 4/29/97 Report entitled: Mesoscale Air Quality Analysis Stop & Shop Supermarket _ North Andover, Massachusetts Dated: April 22, 1997' Prepared by: Tech Environmental 1601 Trapelo Road Waltham, Massachusetts 02154 Prepared for: Northpoint Realty Development Corp. 231 Sutton Street — Suite 1 A North Andover, Massachusetts 01845 Report entitled: Environmental Notification Form Proposed Stop & Shop Turnpike Street (Route 114) North Andover, Massachusetts Submitted to: Executive Office of Environmental Affairs MEPA Unit Proponent: Northpoint Realty Development Corp. Prepared by: Dermot J. Kelly Associates, Inc. Two Dundee Park, Suite 301 Andover, MA 01845 Merrimack Engineering Services 66 Park Street Andover, MA 01810 Report entitled: Buttress ENF Traffic & Access Study Turnpike Street (Route 114) North Andover, Massachusetts Submitted: Executive Office of Environmental Affairs MEPA Unit Proponent: Northpoint Realty Development Corp. Prepared by: Dermot J. Kelly Associates, Inc. Two Dundee Park, Suite 301 Andover, MA 01845 Report entitled: Drainage Analysis for Stop & Shop Route 114 North Andover, MA Dated: February 1997 with Revisions May 19, 1997 Prepared by: Merrimack Engineering Services 66 Park Street Andover, MA 01810 cc. Applicant Assessors _ Building Inspector Conservation Administrator Director of Public Works Engineer File Fire Chief Health Administrator Planning Board Police Chief 757 Turnpike Street (Stop & Shop) - Site Plan Review i THE COMMONWEALTH OFMASSACHUSETTS TOWN OFNORTHANDOVER o BOARD OFHEALTH Date: DECEMBER 31,1996 Permit #: 0119-7 This is to certify that: MCLAY'S FLORIST, 757 TURNPIKE STREET, NORTH ANDOVER, MA 01845 IS HEREBY GRANTED A DUMPS TER PERMIT This permit is granted in conformity with the statues and ordinances relating thereto, and expires DECEMBER 31, 1997 unless sooner suspended or revoked. Gayton Osgood, Chairman Francis P. MacMillan, M.D., Member John S. Rizza, D.M.D., Member TOWN OF NORTH ANDOVER BOARD OF HEALTH TOWN HALL ANNEX 146 MAIN STREET NORTH ANDOVER, MASSACHUSETTS TELEPHONE# (508) 688-9540 APPLICATION FOR DUMPSTER PERMIT PURSUANT TO SECTION 31A AND 31B OF CHAPTER III OF THE GENERAL LAWS, AND RULES AND REGULATIONS OF THE NORTH ANDOVER BOARD OF HEALTH DATE • 2 b Application is hereby made for a permit to maintain a dumpster(s) on property located at r St in accordance with the rules add regulations of the Board of Health. Number of Dumpsters: Check use: ( ) Residential use ( ) 30 day temporary Gh.0 J} Commercial use �( ) Annual Name of applicant. Owner of property: k `n -use' Telephone#: b o Dumpster Company: Telephone#: Pick -Up Schedule: r" Trash Contractor: 9�fTb Frequency of Pick -Up: "e-1 1-/ On the bottom half of this form, please sketch an outline of property, showing the proposed location of the dumpster(s). Give distance from dumpster to other buildings and lot lines or boundaries. Use back side if additional space is needed. 1 Please return this application with a fee of $25.00 per establishment ($10.00 for temporary permit) to Town of North Andover, Board of Health Office, Town Hall Annex, 146 Main Street, North Andover, M A 01845. WILLIAM J. SCOL T Director Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 30 School Street North Andover, Massachusetts 01845 Establishment: S Address: Telephone: Date: On this day an inspection was madeof r aste receptacle area. Your waste receptacle area was found5JFean dirty and the cover of your waste receptacle was found '1 -n --go od repair �i-- in poor repair and kept closed ,/ not kept closed. Other Comments: 410.600 Storage of Garbage and Rubbish - Garbage/Rubbish shall be stored in watertight receptacles with tight -fitting covers. Said receptacles and covers shall be of metal or other durable, rodent -proof material. 410.601 Collection of Garbage and Rubbish - The owner of any dwelling shall be responsible for the final collection or ultimate disposal or incineration of garbage and rubbish by means of a regular collection system approved by the Board of Health. 410.602 Maintenance of areas free from Garbage and Rubbish (A) - The owner of any parcel of land, vacant or otherwise, shall -be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety, and well-being of the occupants of and dwelling or of the general public. f Person in Charge Inspe or BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 . HEALTH 688-9540 PLANNING 688-9535 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 30 School Street .North Andover, Massachusetts 0 18 5 WILLIAM J. SCOTT Director Address: Telenhcne: Date: 3— Person - Person Sroken W On this day an inspection was made of your waste receptacle area. Your waste receptacle area was found clean r/" dirty and the cover of your waste receptacle was found in good repair in poor repair and kept closed I not kept closed. 410.600 Storage of Garbage and Rubbish - Garbage/Rubbish shall be stored in watertight receptacles with tight -fitting covers. Said receptacles and covers shall be of metal or other durable, rodent -proof material. 410.601 Collection of Garbage and Rubbish - The owner of any dwelling shall be responsible for the final collection or ultimate disposal or incineration of garbage and rubbish by means of a regular collection system approved by the Board of Health. 410.602 Maintenance of areas free from Garbage and Rubbish (A) - The owner of any parcel of land, vacant or otherwise, shall -be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety, and well-being of the occupants of and dwelling or of the general public. ' E Person in Charge inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 TOWN OF NORTH ANDOVER SYSTEM PUMPING RECORD DATE: 4D z SYSTEM OWNER & ADDRESS Z�7 �ilee 15Y. 71D SYSTEM LOCATION (example: left front of house) DATE OF PUMPING: 70=2- QUANTITY PUMPED - GALLONS 721~ CESSPOOL: NO YES SEPTIC TANK: NO YES ✓ NATURE OF SERVICE: ROUTINE _Z' EMERGENCY OBSERVATIONS: GOOD CONDITION FULL TO COVER HEAVY GREASE BAFFLES IN PLACE ROOTS LEACHFIELD RUNBACK EXCESSIVE SOLIDS FLOODED SOLIDS CARRYOVER OTHER (EXPLAIN) SYSTEM PUMPED BY: lana- :Z&,4 +man ♦ -•'111=11 • 1s COMMENTS: CONTENTS TRANSFERRED TO: CarJcr �-�nm+mrrrf �an� ,fcGFtG� F HEP, P, S TOWN OF NORTH ANDO R SYSTEM PUMPING C, — Z wp' DATE SY5TEiNO` 'Nf-R & ADDRESS ' SYSTENI LOCATION-�- - ,5i`d/' (example: ie¢t front of house) fi^C9tr'yilt DATE OF PUMPINC: rg � Q `� QUANTITY PUMPED C;NLLONS CESSPOOL: N0 YES SEPTIC F ANK.• NO O � � ES ✓ NATURE, OF SERVTt'E: ROI; TINE _ /Z FML, ,Rt;_.NCY OBSERVATIONS: GOOD CONDITION` FULL TU COVER HEAVY GREASE BAFFLES IN PLACE ROOTS _ LEM-11FIELD RUNBACK. - - EXCESSIVE SOLIDS FLOODED SOLIDS CARRYOVER OTHER (EXPLAIN) , SYSTEM PUMPED BY: -- �1z,►� �-� � � s,,, C COMMENTS: .11 CONTENTS MANS1rERRED TU: �C-1c �-.,jt f y'1a•tf - TOWN OF NORTH ANDD SYS I EM PUMPING R.EC' { DATE: I SYSTEM OWNER & ADDRESS f 71.4 r��a�aNcr ! SYSTEM LOCATIO'V (example: left front of house) I i DATE OF PU.VIPING: —4�Z`O QUANTITY PLN1PED ocv GALLONS CESSPOOL: NO YES SEP'T'IC TANK: NO YES ✓'� NATURE OF SERVICE: ROUTINE --Z EMERGENCY OBSERVATIONS: GOOD CONDITION HEAVY GREASE ROOTS EXCESSIVE SOLIDS SOLIDS CARRYOVER FULL TO GOFER BAFFLES IN PLACE LEACHFIEI,D RUNBACK FLOODED OTHER (EXPLAIN) SYSTEM PUMPED BY: COMMENTS: CONTENTS TRANSFERRED TO: --_Carver _''?i����Mt„f �ta,lf NO TOWN OF NORTHANDOVER T0' BoPPi� oF° d ALsW Uv SYSTEM PUMPING RECON ll ISI 2 3 2003 DATE:�� SYSTEM OWNER & ADDRESS SYSTENI LOCATION (example: left front of house) lee DATE OF PUMPING: QUANTITY PUMPED om GALLONS CESSPOOL: NO YES SEPTIC TANK: NO YES ✓'� NATURE OF SERVICE: ROUTINE EMERGENCY OBSERVATIONS: GOOD CONDITION FULL TO COVER HEAVY GREASE BAFFLES IN PLACE ROOTS LEACHFIELD RUNBACK EXCESSIVE SOLIDS FLOODED SOLIDS CARRYOVER OTHER (EXPLAIN) SYSTEM PUMPED BY: _:Z4,K4 + San COMMENTS: CONTENTS TRANSFERRED TO: c trycr- '77-ng+m.rrf WN OF NORTH ANDOVER/ BOARD OF HEALTH NOV - 4 2002 TOWN OF NORTHANDOVE SYSTEM PUMPINCRECORA DATE: A SYSTEM& AD 10CA11 N -'o (example: left fr(,at or house) DATE Or PLiVii'ING: -2 QUAN TITY "PUMPED GALLONS CESS1'3001.: NO YES Sb.! UC " ",,\K: NO IVES NATIURE OF SERVICE: ROUTINE E Xl E R C, F.Ar C Y 0 B SIE I t VA I'l 0 N S -. GOOD CONDITION FULL TOCOVER HEAVY GREASE BAFFLES IN PLACE ROOTS LEACH FIELD RUN113 V-':%, EXCFSSIVE SOLIDS FLOODFI� SOLIDS CARRYOVER OTITFk 41N) SYSTEM PUMPED HY: 111a. q C01MMEN TS:_ CONTENTS TRANSFERRED TO. Clar)cr `— e,,-� �fr — 0 TOWN OF NORTH ANDOVER TFA'si! t, tvF Oki -6 DON SYSTEM PUMPING p� p^ 1 { G RECORD �ti ����L.Sh� r4 DATE: ' TEM OWNER & ADDRESS 7�"7 u�n�,,,.r� ,sy• EM 0-N --__ (example: left front of house) G J'a`i i DATE OF PUMPING, �/�ZS/� QUANTITY PUMPED cm GALLONS CESSPOOL: NO YES SEPTIC TANK: NO YES NATURE OF SERVICE: ROUTINE �/r EMERGENCY OBSERVATIONS: GOOD CONDITION HEAVY GREASE ROOTS EXCESSIVE SOLIDS SOLIDS CARRYOVER FULL TO COVER BAFFLES IN PLACE LEACHFIELD RUNBACK FLOODED OTHER (EXPLAIN) SYSTEM PUNIPED BY: �.�„c�—� :Aa, , -+ San COMMENTS: CONTENTS TRANSFERRED TO: �, 2tJGrf mtnt�1-� f