Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - 90 SUTTON STREET 4/30/2018 (5)
i k FOR AMI -0-1 DATEtlgA��Tl M Eio-:1 m OF p L) FAX PHONE I-] M0BlLE&/y.7,!-, AREA COOE MESSAGE SIGNED ?,i?j -,T- 7s-!� NUMBER EXTENSION I i oll -7-7 -17 NOTES, • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. �rticle Addressed to: 901kow) Z i'n6ne, 10 5A&n 6-(rc'-s 1�0 A�N An AD V e -y) HA A. Signet X B. Rqce1jd by ( Printed NqW1 I C. Date D. Is delivery address differtt . item 1? If YES, enter delivery adzlmoelow: 3. Se�e Type IV Certified Mall 0 Registered 13 Insured Mail 13 Express Mail 0 Return Receipt for Merchandise 13 O.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Numbe� (77ransfer. 1 1, 7002 0510 ;000B, 0894� 3995 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 AI 0 Sender: Please print y �ddress, ar@d �-I- '4-m-tihiij2 Loi'v Town of North Andover Conservation Commission 400 Osgood Street North Andover, MA. 0 1845 UU96 WGM MUIED Ir Er M 0 F F C I A E tr co C3 Postage $ Certified Fee &0 t bo 14� 30 Postma*-� C3 C3 C3 Return Recei Fee (Endorsement Required) Here M OCT 1 3 005 C3 Restricted Delivery Fee (Endorsement Required) 12L t Ln Total Postage & Fees 1:3 — Sen To A ru M r ------------- k� Street, Apt No.' , No. or PO Box 10 ------ ---------- --------- _3 Z --1-P-+- -4 ------------- N . A , clovLr MA 0 1 T q.5 03MOMAMMA M. -Ill Certified Mail Provides: 13 A mailing receipt 10 A unique identifier for your mailpiece 0 A signature upon delivery 10 A record of delivery kept by the Postal Service for two years Important Reminders. 13 Certified Mail may ONLY be combined with First -Class Mail or Prior y Mail. • Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. 13 For an additional fee, a Return Receipt ma be requested to provide proof of delivery. To obtain Return Receipt r11 ase complete and attach a Return Receipt (PS Form 3811 � to the art= pdd applicable postage to cover the fee. Endorse mailpiece 'Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. �Q For an additional fee, delivery may be restricted to the addressee or - addressee's authorized agent. Advise the clerk or mark the mailplece with the' endorsement "Restricted Delivery". U If ostmark on the Certified Mail receipt is desired, please present the arti- cl:p at toe post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT. Save this receipt and present it when making an inquiry. PS Form 3800, January 2001 (Reverse) 102595-02-M-0452 LD ADVERTISING & BUSINESS SERVICE Inc. 90 Sutton Street, N. Andover, MA 01845 BUSINESS GIFTS - CALENDARS - INCENTIVES TRADE/CONVENTION GIVE AWAYS - PROMOTIONAL PRODUCTS ANTHONY ZIMBONE OFFICE: 978-687-7901 MEMBER CELL: 781-405-7848 FAX: 978-685-1169 EMAIL: ABS@ATT.NET WEBSITE: www.absmall.com Z P4 �2 �2 �2 �2 t2 t2 t2 t2 �! �R �R �R �R �2 �2 �2 �2 �2 q cq c? 0 W M N Lq rll� cq q . ci 't 0 ll� O� 9 c4 ci w? 0 DR a� N o pl� eq �R ;z 7 �2 �! �2 �2 �2 �2 �2 �2 �2 �2 �2 'I 000 I- 1� 1� mm w w w mmW MW m mmmmmm ,�OOOOOoco ooOcOOOaOOOoOoo oOOO 00000 cq 9 'PI: �q cq 0 N 'q: 0 cq q Nq: cQ cq R c� *: �q cq q N V: 0 (�q q N I: q cq q N 0 �, �- �- � � w w w w w 0 m 0 0 0 0 0 0 0 o V �2 �2 �2 �2 e0000pm 2 � w 8 t2 2i �lt OR to: co� 2: 0 o 0 o 0 m m 0 o 0 o a 0 o o 0 � N cl� Lq (P cq c� c\! I*: o pl� CR R 0 rl� a� —6 0 t6 L6 6 M'W* O'W 0 0 0 0 N N N N N N rl w w w w w w m m m m m m m nnoom� v v v -,r v o m o o u) o 0 W 0 0 0 N C\j N N N cl) cl) cl) m m m c, It? (D C9 C� . N IT. M N. o� c? It 0 rl� q q N c? Lq 0 cq O� ------- NNNN . NNmm . C\j cl) Lf) W � w m e 7 �2 �2;1 t2 �2 �: �2 �2 lc*ll ;� NN QN vN mN ON �N wN QN cc* �; c,\J 1.) Tel: (7A+yi6T-7T3-5 Anthony Zimbone 11ilill Ll I 111,111 P.O. Box 32 - N. Andover, MA 01845 ';,'VlaccWeb.org :: View topic It 6 9 90 Sutton St., Suite I N. Andover, MA 01845 Email: nasal8@attbi.com Page 1 of 2 MaccWeb.org MACC's Conservation Connections is our place to share ideas and access our greatest database: you. L'^I FAQ Q Search R Memberlist 9 Usergroups 0 Register Conservation Connecti-on!j ® Profile Q Log in to check your private mesa ILI Repaving existing parking lot in Floodplain l atewtot'ros'trepllt MaccWeb.org Forum Index -> Main Forum View previous topic:: View next topic Author Alison McKay Joined: 01 Nov 2005 Posts: 9 Back to top patrickgarner Joined: 13 May 2005 Posts: 215 Location: Northborough, MA Message D Posted: Wed May 30, 2007 1:19 pm Post subject: Repaving existing parking lot " oats in Floodplain A previous topic was posted with the subject "Repaving Lot in Riverfront", but what about repaving an existing parking lot in Floodplain? I believe the answer is clear, but I just need confirmation. Any alteration of BLSF, including repaving of an existing parking lot resulting in a change of 1.5", requires a NOI filing under the provisions of the WPA, correct? D Posted: Wed May 30, 2007 7:57 pm Post subject: Alison, cote I'd recommend you call Ken Pruitt directly on this question, basically because it may have wide areas of gray. For instance, an owner could say repaving was simply maintenance-- and be correct. The Commission could say that raising the parking lot by 1.5 -inches was decreasing the floodplain capacity by XX amount-- and be correct. This may fall into one of those "at the Commission's discretion" categories. In the everyday world this would be considered benign. In the World According to the WPA, this could require an NOI, or at the least, an RDA. My advice would be --if it's nothing whatsoever except repaving --let it go without requiring a filing (and be a hero to some landowner). But it's ambiguous enough that it may warrant a call to Ken or Michelle Girard to thrash around the specifics. Patrick Garner Patrick C. Garner Co., Inc http://maccweb.org/phpBB/viewtopic.php?t=435 6/12/2007 k 'MaccWeb.org :: View topic -Repaving existing parking lot in Floodplain Page 2 of 2 Wetland Scientists & Hydrologists www.patrickqarner.com Back to top Yaf ii emai'I Ken Pruitt D Posted: Mon Jun 04, 2007 11:09 am Post subject:"__ ami Joined: 10 May 2005 I agree with Patrick's advice. If just repaving the existing footprint, I would Posts: 191 seriously consider not requiring a filing, or at most an RDA. This is assuming that they aren't going to substantially raise the lot. If it's close to 1.5 inches, I'd let it slide. I can't see any significant impact to flood storage. Ken Pruitt Executive Director MACC Back to top l Display All Posts Oldest First ' I l p y posts from previous: , �i Go ne�taj�ic . pastfeplly MaccWeb.org Forum Index -> Main Forum All times are GMT - 4 Hours Page 1 of 1 -- - ....... __ .... _.. . . Jump to: Main ForumLl Go -- - . You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum Powered by phpBB © 2001, 2005 phpBB Group http://maccweb.org/phpBB/viewtopic.php?t=435 6/12/2007 Agenda TRC Meeting May 10, 2007 Please be advised that we have scheduled a TRC meeting to start at 10:00 am at the Community Development conference room (1600 Osgood Street). Your packets are being forwarded via interoffice mail. 10:00 Applicant: Connie Cedeno; 90 Sutton Street; wants to open an art studio called: "It's time 2 Create" property is located within the I -S zoning district. Applicant is proposing to establish a facility that will provide a safe, clean, and supervised environment for children up to the age of 12 for the following activities: Arts and Crafts Candy making activities Cookie decorating Basic food preparation Preschool activities After school activities ❑ Building ❑ ZBA ❑ Con/Com ❑ Health ❑ DPW ❑ Fire ❑ Police ❑ Town Clerk Best bersonal regards Mary Ippolito Town of North Andover Planning Department 1600 Osgood Street Bldg. 20, Suite 2-36 North Andover, MA 01845 Phone: 978-688-9535 Fax: 978-688-9542 mippolito(cDtownofnorthandover.com PROPOSAL IT'S TIME 2 CREATE 90 Sutton Street, Suite 1 North Andover, MA 01845 May 3, 2007 We are establishing a facility which we will provide a safe, clean, and supervised environment for children up to the age of 12 for the following activities: Arts and Crafts Candy making activities Cookie decorating Basic food preparation Preschool activities After school activities All children must be accompanied by an adult. All cooking will be done in kitchen where no guests will have access. We will have two employees at this location. Our hours of operation will be Tuesday through Friday L OAM to 6PM with weekend hours available. Our facility is 1000sq feet of open space plus a small kitchenette, and has approximately 30 parking spaces for our customers. There is no existing business in the unit we are renting that's located in an office/apartment building. We will offer North Andover a designated area in our establishment to post local activities and information which they wish to make available to its citizens. You may contact either Connie Cedeno at 978-387-0030 or Jackie O'Dwyer at 603-630-2289 for any further information or questions you may have. I Anthony Zimboni of Bestway Reality Trust approve of the location of It's Time 2 Create at 90 Sutton Street, Suite 1, North Andover, MA. thony Z' o ' Landlord Bestway Reality Trust NO NORTH ANDOVER BUILDING DEPARTMENT 1600 Osgood Street North Andover Tel: 978-688-9545 Fax: 978-688-9542 BUSINESS FORM FOR TOWN CLERK DATE: NAME: J4 ADDRESS: I 0 �St) 4in y1 ZONING DISTRICT: TYPE OF BUSINESS: Ar-+- 54� �ci n BUILDING LAYOUT PROVIDED: rYS NO AVAILABLE PARKING SPACES: S ZONING BY LAW USAGE: ES NO BUSINESS FORM FOR TOWN CLERK BUILDING INSPECTOR SIGNATURE 2.40 Home Occupation (1989/32) An accessory use conducted within a dwelling by a resident who resides in the dwelling as his principal address, which is clearly secondary to the use of the building for living purposes. Home occupations shall include, but not limited to the following uses; personal services such as furnished by an artist or instructor, but not occupation involved with motor vehicle repairs, beauty parlors, animal kennels, or the conduct of retail business, or the manufacturing of goods, which impacts the residential nature of the neighborhood. 4. For use of a dwelling in any residential district or multi -family district for a home occupation, the following conditions shall apply: a. Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling; b. The use is carried on strictly within the principal building; c. There shall be no exterior alterations, accessory buildings, or display which are not customary with residential buildings; d. Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities or products which occupy space beyond these limits; e. There will be no display of goods or wares visible from the street; f. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or in any other way become objectionable or detrimental to any residential use within the neighborhood; g. Any such building shall include no features of design not customary in buildings for residential use. Signature Date • From the Office of. STANDARD FORM COMMERCIAL LEASE i?I✓-�'ffoNy T, Z%M�oN� TRuSTEE� 6E'S•t-wAy iR.€A�-�-�J 'rR�St PARTIES LESSOR, which expression shall include j ¢ Is- heirs, successors, and assigns where the (fill in) context so admits, does hereby lease to GvNn►/E 'C6JD C Z> A,40 ;C -4-'s 2. PREMISES LESSEE, which expression shall include ;4`a, successors, executors, administrators, (fill in and include, if ap- and assigns where the context so admits, and the LESSEE hereby leases the following described premises: plicable, suite number,/f}PPR ox i m44 s� J0 v&C2S� uA e,6 FE6t 4-544fi-`o °^I t �E Fi RS"T F/ao� floor number, and square /r OF 90 Sur- -r Sd' N'R-f,et �41vOo✓E,q,Mfj . /8`y`s (REAR of Bv:cd��vG� feet) AccC1>5 110 SP,gGE r/tRov�H FIRST anon ofj Fg16 BAR OF B:+r/d:NC� �ARKfO til together with the right to use in common, with others entitled thereto, the hallways, stairways, and elevators, necessary for access to said leased premises, and lavatories nearest thereto. 3. TERM The term of this lease shall be for pNE YEAR r!i z�N+/,`s a?l zoos (fill in) commencing on /toAjL / s-3- Zao-7 and ending on IhARc14� st 4. RENT The LESSEE shall pay to the LESSOR fixed rent at the rate of 411/01 Zdollars (fill in) per year, payable in advance in monthly installments of s SSm, oo subject to proration in the case of any partial calendar month. All rent shall be payable without offset or deduction. OKLY ONE MvNrM a<REE�igrPRr 4 200 y` f}/g O�f-(�Ej.Z /►�o^t¢Jtx �p QBE Pi4iQ DEPOSIT dollars, which shaft be held' is a security for the LESSEE's performance as herein provided and refunded t e (fill in) LESSEE at the end of this lease, without interest, subject to the LESSEE's satisfactory compliance with t condi- tions hereof. 6. RENT If in any tax year commencing with the fiscal year the real estate taxes on the land a uildings, of ADJUSTMENT which the leased premises are a part, are in excess of the amount of the real estate taxes eon for the fiscal year (hereinafter called the "Base Year"), LESSEE will pay to LESSO additional rent hereunder, when and as designated by notice in writing by LESSOR, percent of su excess that may occur in each A. TAX year of the term of this lease or any extension or renewal thereof and proporti tely for any part of a fiscal year. If ESCALATION the LESSOR obtains an abatement of any such excess real estate tax, a pr ortionate share of such abatement, less (fill in or delete) the reasonable fees and costs incurred in obtaining the same, if any, s be refunded to the LESSEE. B. OPERATING The LESSEE shall pay to. the LESSOR as additional rent her5wrder when and as designated by notice in writing -by COST LESSOR, percent of any increase in opeiratinpeRpenses over those incurred during the calendar ESCALATION year . Operating expenses are defin r the purposes of this agreement as all costs and expenses (fill in or delete) incurred by the LESSOR during any calendar yea connection with the operation and maintenace of the land and buildings of which the leased premises are art, including without fimitation insurance premiums, license fees, janitorial service, landscaping and snow oval, employee compensation and fringe benefits, equipment and mate- rials, utility costs, repairs, maintenan and any capital expenditure (reasonably amortized with interest) incurred in order to reduce other operating e)q3enses or comply with any governmental requirement. is increase shall be prorated should this lease be in effect with respect to only a portion of any calendar year C_ CONSUMER (1) LESSEE agrees that in the event the "Consumer Price Index for Urban Wage Earners and Clerical Workers, U.S. PRICE City Average, All Items (1982-84=100)" (hereinafter referred to as the `Price Index") published by the Bureau of La- ESCA ON bor Statistics of the United States Department of Labor, or any comparable successor or substitute index designated (fill " or delete) by the LESSOR appropriately adjusted, reflects an increase in the cost of living over and above the cost of living as reflected by the Price Index for the month of 20 (hereinafter called the "Base Price Index"), the Axed Fent shall he eeljtfeted im eeeerdenee vvM sub pemqmph (2) of this Affiele, All rights reserved.. This form may not be copied or COPYRIGHT ©1968 reproduced in whole or in part in any manner what - GREATER BOSTON REAL ESTATE BOARD soever without the prior express written consent of REVISED 1981, 1994 EQUAL HOUSING r=0rt=n„u,T„ the Greater Boston Real Estate Board. ter referred to as "Adjustment") in the fixed rent calculated by multiplying the fixed rent set forth in . _ ,; t frac- tion, the numerator of which shall be the Price Index for the month of an ominator of which (for each such fraction) shall be the Base Price Index, PROVIDED, HOWEVE Iustment shall reduce the fixed rent as previously payable in accordance with this Article or Ar[ict (3) In the event the Price Index cea se the 1982-&4 average of 100 as the basis of calculation, or if a substao tial change is made in s or number of items �ntained in the Price Index, then the Price Index shall be ad- justed to a that would have been arrived at had the manner of computing the Price Index in effect at the date el OR lease met beem ehan 7. UTILITIES 12. ALTERATIONS — The LESSEE shall not make structural alterations or additions to the leased premises, but may make non-structural ADDITIONS alterations provided the LESSOR consents thereto in writing, which consent shall not be unreasonably withheld or delayed. All such allowed alterations shall be at LESSEE's expense and shall be in quality at least equal to the pres- ent construction. LESSEE shall not permit any mechanics' liens, or similar liens, to remain upon the leased premises for labor and material furnished to LESSEE or claimed to have been furnished to LESSEE in connection with work of any character performed or claimed to have been performed at the direction ,of LESSEE and shall cause any such lien to be released of record forthwith without cost to LESSOR. Any alterations or improvements made by the LESSEE shall become the property of the LESSOR at the terminatio C of occupancy as provided herein. . The LESSOR agrees to provide *delete "air conditioning" if all other utility service and to furnish reasonably hot and cold water and reasonable heat and air conditioning* (except not applicable to the extent that the same are furnished through separately metered utilities or separate fuel tanks as set forth above) to the leased premises, the hallways, stairways, elevators, and lavatories during normal business hours on regular business days of the heating and air conditioning* seasons of each year, to furnish elevator service and to light passageways and stairways during business hours, and to furnish such cleaning service as is customary in similar buildings in said city or town, all subject to interruption due to any accident, to the making of repairs, altera- tions, or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service, or supplies from the sources from which they are usually obtained for said building, or to any cause beyond the LESSOR's control. LESSOR shall have no obligation to provide utilities or equipment other than the utilities and equipment within the premises as of the commencement date of this lease. In the event LESSEE ,requires additional utilities or equipment, the installation and maintenance thereof shall be the LESSEE's sole obligation, provided that such installation shall be subject to the written consent of the LESSOR. 8. USE OF LEASED The LESSEE shall use the leased premises only for the purpose of PREMISES (fill in) D I D 9. COMPLIANCE The LESSEE acknowledges that no trade or occupation shall be conducted in the leased premises or use made WITH LAWS thereof which will be unlawful, improper, noisy or offensive, or contrary to any law or any municipal by-law or ordi- nance in force in the city or town in which the premises are situated. Without limiting the generality of the foregoing (a) the LESSEE shall not bring or permit to be brought or kept in or on the leased premises or elsewhere on the LESSOR's property any hazardous, toxic, inflammable, combustible or explosive fluid, material, chemical or sub- stance, including without limitation any item defined as hazardous pursuant to Chapter 21E of the Massachuset, General Laws; and (b) the LESSEE shall be responsible for compliance with requirements imposed by.the American with Disabilities Act relative to the layout of the leased premises and any work performed by the LESSEE therein. 10. FIRE INSURANCE The LESSEE shall not permit any use of the leased premises which will make voidable any insurance on the property of which the leased premises are a part, or on the contents of said property or which shall be contrary to any law or regulation from time to time established by the New England Fire Insurance Rating Association, or any similar body succeeding to its powers. The LESSEE shall on demand reimburse the LESSOR, and all other tenants, all extra in- surance premiums caused by the LESSEE's use of the premises. 11. MAINTENANCE The LESSEE agrees to maintain the leased premises in good condition, damage by fire and. other casualty only ex- cepted, and whenever necessary, to replace plate glass and other glass therein, acknowledging that the leased A. LESSEE'S premises are now in good order and the glass whole. The LESSEE shall not permit the leased premises to be over - OBLIGATIONS loaded, damaged, stripped, or defaced, nor suffer any waste. LESSEE shall obtain written consent of LESSOR be- fore erecting any sign on the premises. B. LESSOR'S The LESSOR agrees to maintain the structure of the building of which the leased premises are.part in the same OBLIGATIONS condition as it is at the commencement of the term or as it may be put in during the term of thrilease, reasonable wear and tear, damage by fire and other casualty only excepted, unless such maintenance is required because of the LESSEE or those for whose conduct the LESSEE is legally responsible. 12. ALTERATIONS — The LESSEE shall not make structural alterations or additions to the leased premises, but may make non-structural ADDITIONS alterations provided the LESSOR consents thereto in writing, which consent shall not be unreasonably withheld or delayed. All such allowed alterations shall be at LESSEE's expense and shall be in quality at least equal to the pres- ent construction. LESSEE shall not permit any mechanics' liens, or similar liens, to remain upon the leased premises for labor and material furnished to LESSEE or claimed to have been furnished to LESSEE in connection with work of any character performed or claimed to have been performed at the direction ,of LESSEE and shall cause any such lien to be released of record forthwith without cost to LESSOR. Any alterations or improvements made by the LESSEE shall become the property of the LESSOR at the terminatio C of occupancy as provided herein. z_. AS; iCyNk4E VT The LESSEE shall not assign or sublet the whole or any part of the leased premises without LESSOR's prior written SUBLEASING consent. Notwithstanding such consent, LESSEE shall remain liable to LESSOR for the payment of all rent and for i*:farmance of the covenants and conditions of this lease. li SUBORDINATION This lease shall be subject and subordinate to any and all mortgages, deeds of trust and other instruments in the Q) nature of a mortgage, now or at -any time hereafter, a lien or liens on the property of which the leased premises are a part and the LESSEE shall, when requested, promptiv execute and deliver such written instruments as shall be nec- essary to show the subordination of this lease to said mortgages, deeds of trust or other such instruments in the na- ture of a mortgage, deeds of trust or other such instruments in the nature of a mortgage. 15. LESSOR'S The LESSOR or agents of the LESSOR may, at reasonable times, enter to view the leased premises and may re - ACCESS move placards and signs not approved and affixed as herein provided, and make repairs and alterations as LESSOR should elect to do and may showthe leased premises to others, and at any time within three (3) months before the expiration of the term, may affix to any suitable part of the leased premises a notice for letting or selling the leased premises or property of which the leased premises are a part and keep the same so affixed without hindrance or mnle�fation. .16. INDEMNIFICATION The LESSEE shall save the LESSOR harmless from all loss and damage occasioned by anything occurring on the AND LIABILITY leased premises unless caused by the negligence or misconduct of the LESSOR, and from all loss damage wherever (fill in) occurring occasioned by any omission, fault, neglect or other misconduct of the LESSEE. The removal of snow and ice from the sidewalks bordering upon the leased premises shall be LESEo R's responsibility. COK'iiNvED fJ�YD+ER LEASE /}ODG/rfJ:s/rI 17. LESSEE'S The LESSEE shall maintain with respect to the leased premises and the property of which the leased premises are a LIABILITY part comprehensive public liability insurance in the amount of i,ovo, oac,, do Gv,►�,gi.+�0 with property INSURANCE damage insurance in limits of S ov&e-e in responsible companies qualified to do business in Massa - (fill in) chusetts and in good standing therein insuring the LESSOR as well as LESSEE against injury to persons or damage to property as provided. The LESSEE shall deposit with the LESSOR certificates for such insurance at or prior to the commencement of the term, and thereafter within thirty (30) days prior to the expiration of any such policies. All such insurance certificates shall prc vide that such policies shall not be cancelled without at least ten (10) days prior written notice to each assured named therein. 18. FIRE, Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially dam - CASUALTY— aged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When EMINENT such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and DOMAIN proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: Q) (a) The LESSOR fails to give written notice within thirty (30) days of intention to restore leased premises, or (b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The LESSOR reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's fixtures, property, or equipment. 19. DEFAULT In the event that: AND (a) The LESSEE shall default in the payment of any installment of rent or other sum harem specified and BANKRUPTCY such default shall continue for ten (10) days after written notice thereof; or (fill in) (b) The LESSEE shall default in the observance or performance of any other of the LESSEE's covenants, agreements, or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof, or (c) The LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE's property for the benefit of creditors, then the LESSOR shall have the right thereafter, while such default continues, to re-enter and tak".omplete posses- sion of the leased premises, to declare the term of this tease ended, and remove the LESSEOt effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default Thr3ESSEE shall in- demnify the LESSOR against. all loss of rent and other payments which the LESSOR-, may incur by reason of such termination during the residue of the term. If the LESSEE shall default, after reasonable notice thereof, in the observance or performance of any conditions or covenants on LESSEE's part to be. observed or per- formed under or by virtue of any of the provisions in any article of this lease, the LESSOR, withduf being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of percent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent. 20. NOTICE Any notice from the LESSOR to the LESSEE relating to the leased premises or to the occupancy thereof, shall be (fill in) deemed. duly served, if left at the leased premises addressed to the LESSEE, or if mailed to the leased premises, registered or certified mail, return receipt requested, postage prepaid, addressed to the LESSEE. Any notice from the LESSEE to the LESSOR relating to the leased premises or to the occupancy thereof, shall be deemed duly served, if mailed to the LESSOR by registered or certified mail, return receipt requested, postage prepaid, ad- dressed to the LESSOR at such address as the LESSOR may from time to time advise in writing. All rent notices shall be paid and sent to the LESSOR at 8 Esrw,ay jtEr44*y —,r)4usT 21. SURRENDER The LESSEE shall at the expiration or other termination of this lease remove all LESSEE's goods and effect's from the leased premises, (including, without hereby limiting the generality of the foregoing, all signs and"lettering affixed or painted by the LESSEE, either inside or outside the leased premises). LESSEE shall deliver to the LESSOR the leased premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the leased premises, in good condition, damage by fire or other casualty only excepted. In the event of the LESSEE's failure to remove any of LESSEE's property from the premises, LESSOR is hereby autho ized, without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and sto �D any of the property at LESSEE's expense, or to retain same under LESSOR's control or to sell at public or private sale, without notice any or all of the property not so removed and to apply the net proceeds of such sale to the pay- ment of any sum due hereunder, or to destroy such property. (Fill in or delete) warrants) that he (they) is (are) duly licensed as such by the Commonwealth of Massachys�t a d join(s) in this agreement and become(s) a party hereto, insofar as any provisions of this agree tressly apply to him (them), and to any amendments or modifications of such provisions to which he agree(s) in writing. LESSOR agrees to pay the above-named Broker term commencement date a fee for professional services Of or pursuant to Broker's attac mission schedule. The LESSEE warrants and represents that it has dealt with no other broker en " claim a pion in connection with this transaction and shall indemnify the LESSOR from and ' t any such claim, including without limitation reasonable attorneys' fees incurred by the LESSOR in 23. CONDITION OF Except as may be otherwise expressly set forth herein, the LESSEE shall accept the leased premises "as is" in their PREMISES condition as of the commencement of the term of this lease, and the LESSOR shall be obligated to perform no work whatsoever in order to prepare the leased premises for occupancy by. the LESSEE. 24. FORCE In the event that the LESSOR is prevented or delayed from making any repairs or performing any other covenant MAJEURE hereunder by reason of any cause reasonably beyond the control of the LESSOR, the LESSOR shall not be liable to the LESSEE therefor nor, except as expressly otherwise provided in case of casualty or taking, shall the LESSEE be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim by the LES- SEE that such failure constitutes actual or constructive eviction from the leased premises or any part thereof. 25. LATE If rent or any other sum payable hereunder remains outstanding for a period of ten (10) days, the LESSEE shall pay CHARGE to the LESSOR a late charge equal to one and one-half percent (1.5%) of the amount due for each month or portion thereof during which the arrearage continues. 26. LIABILITY No owner of the property of which the leased remises area art shall be liable hereunder except for breaches CO. P P Y P P P OF OWNER the LESSOR's obligations occurring during the period of such ownership. The obligations of the LESSOR shall be binding upon the LESSOR's interest in said property, but not upon other assets of the LESSOR, and no individual partner, agent, trustee, stockholder, officer, director, employee or beneficiary of the LESSOR shall be personally liable for performance of the LESSOR's obligations hereunder. 27. OTHER PROVISIONS It is also understood and agreed that QLEASE SaE AD0Er4jW,-A Yts INNE S HEREOF, the ' parties hereunto set their hands and seals this 4 day of A ice!$ 20 6 7 ESSEE O M r+ i& c.E pENv LESSO P4-L�Vrojj% Z`{ r►n(dvr�E �t-'s T. /sae -h+� C (a.EA,1 & Big S-tw� Req.+'-�••� 'IC'ews � LESSEE LESSOR BROKER(S) Bestway Realty Trust P.O. Box 32 C� North Andover, MA 01845 D (781.) 405-7848 ADDENDUM TO YOUR LEASE I/We understand and agree that: Consideration for Others: Everyone at 90 Sutton Street must be a good and considerate neighbor who understands and respects the fact that other persons should not be bothered by noise or other disturbances. 2. Lessee shall remove trash from the premises in sealed plastic bags and place in the dumpster provided by Lessor. NO trash is to be placed in hallways, basement or grounds at any time. 3. No additional lock or locking devices may be installed on any doors of the unit without the express written consent of the Lessor and any devices so installed shall become the property of the Lessor. Lessee agrees to be charged $100.00 for each additional lock or change of locking devices that the Lessee installs, changes, or causes to be changed. 4. Lessee shall pay a $25.00 fee for any check returned for any reason. 5. Lessee shall be liable for all costs and reasonable Attorney's fees incurred by Lessor or enforcing any provision of this lease, collecting rents or damages, or obtaining possession of the premises. 6. Lessee acknowledges they remain responsible for all provisions of this lease and for the actions of their guests, visitors, or customers. From Lease: #27 OTHER PROVISIONS LESSEE agrees to defend, indemnify and hold harmless LESSOR from all personal injury and property loss of every type and description specifically as to Suite #1 located at 90 Sutton Street, North Andover, MA. The lease has an option for two (2) additional years beginning April 1, 2008 and ending on March 31, 2010 at the rate of $850.00 for each and every month if accepted by the LESSEE provided LESSEE complies with this lease and exercises this option no later than March 1, 2008. Bank Checks in the total amount of $1700.00 has been received by LESSOR representing second and last months payments as first month's rent was free. I/We acknowledge and assent to the above addendum with the understanding that failure of compliance by the Tenant hereunder shall constitute default under the terms of the Lease by the Tenant. LESSEE CONNIE CEDENO LES1§OK ANAHN4Y ZIMBONE ITS TIME 2 CREATE BESTWAY REALTY TRUST -�i05: 12p P.1 L 'ATO IP -4 OE NOWT It ANDOVER P"0,+. DIVISION OF PUBLIC WORKS ���#a 3P OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 J. WILLIAM HMURCIAK, DIRECTOR, P.E. TimolhvJ. Willelt f µORTH Telephone (978) 685-0950 o �t..o �e. o � Tfuter & Setirccr �: ,.:,, o� Fax (9711) 6ti8-957, Distribution Superintendent } �9S +4no.J't49 June 22, 2007 S,CHU RECEIVED Ms. Alison McKav Conservation Administrator 1600 Osgood Street North Andover, IVLA4 01845 RE: 90 Sutton Street Dear Ms. McKay: JUN 2 A 2007 . q) NORTH ANDOVER CONSERVATION COMMISSION As you are aware, the Division of public Works would like to re -pave the parking lot at 90 Sutton Street due to the replacement of our trunk sewer in that location. The bituminous curb would be removed and replaced and the parking lot would receive an overlay 1.5 inches thick, In my opinion, this change in grade is minimal and will have an insignificant effect on the flood plain. 1 am asking your permission to proceed with the work. Very truly yours, Timothy J. Willett Water & Sewer Superintendent NAC6 ACCESS ; �,�,✓`'��#r� �. �. � , A -�� �' RIVE LIMIT OF x " ROOD ST I WAY m MERRIMACk'.,� �� �• ZONE RI VER f x^ � m S j T I- O --- SUTTON'`{ MAIN A= ,Seett®gyp / STREET ,�' P®lid p STREET Dara E A E i ZONE XST'R E E T q / N1 ZONE X ZONE X ZONE X O N R M2 a MARBLEHEAD - �l STREET oU \,P, SUTTON �� P®ND ' `. C ti D,CCES/ GO�A Town of North Andover Office of the Conservation Department Community Development and Services Division 400 Osgood Street North Andover, Massachusetts 01.845 Alison McKay Conservation Administrator October 25, 2005 Mr. Anthonv Zimbone 90 Sutton Street North Andover, MA 01845 140,9 D2!,'Jer1{ Telephone (978) 688-9530 Fax(978)688-9542 RE: Enforcement Order- Installation of Block Wall - 90 Sutton Street, North Andover, MA Dear Mr. Zimbone: As you know, the North Andover Conservation Commission issued an Enforcement Order, dated October 12, 2005 to allow the construction of a 4 -foot high block wall at the above-mentioned property. This department was immediately contacted by Richard Tomczk, MA Department of Environmental Protection (DEP), who informed me that the DEP will not allow the project to move forward under the issued Enforcement Order. The DEP finds that it needs to be determined whether or not the proposed wall would displace portions of the 100 -year floodplain. As such, this letter has been prepared to inform you that the Enforcement Order previously issued to you dated October 12, 2005 is officially null and void. In order to proceed with this project, you must file a Notice of Intent with the North Andover Conservation Commission and the DEP pursuant to the Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, section 40,310 CMR 10.00) and the North Andover Wetlands Protection Bylaw (Chapter 178 code of North Andover). Enclosed please find the Notice of Intent application and instructions, accompanied by other pertinent local forms and information. Please do not hesitate to contact me if you should have any further questions or concerns in this regard. Thank you in advance for your anticipated cooperation with this matter. Sincerely, i 4 Alison McKay Conservation Adi6inistrator Encl. Notice of Intent application Cc: Richard Tomczk, DEP, NERO, Wetlands Division Curt Bellavance, Community Development Director Jerry Brown, Inspector of Buildings Bill Hmurciak, DPW Director Tim Willett, Water & Sewer Superintendent NACC File BOARD OF APPEALS 688-9541 BUILDING 638-9545 CONSERVATION 685-95.30 HEALTH 684-9540 PLANNING 688-95 35 w I.LJ Q CG Q LL z s�!, ` 5\A V � RSV R BA BANKME � I 986 -) " _TdP OF 0' a z" LEA P,4 W N } BE"5 Q --A B d LU . N 4 -o� 2�7B Vert Pipe SM k - 'SHED Elec. ENCROACHME ' Ay. 3� NT Box � 1UTIL. SHED - ,,— +1 �ASEMEN S.M. H 'I SEWER � � �7'x . ti AG • �� ' ASEMENT '(i FORTH ER W N pF �O f PAVED Pit K I N G nr 'tyW I R E —.—_ ENCROACHMENT L l??d N 7 '"fDRIVEWAY �I ENCROACHMENT Uti). Po I4e SU7T0N DRIVE ± DRIVEWAY ENCROACHMENI 182.51 ` 06' - 08" W STREET i 28 STANCH! ! PA V E D PARJi j Lor Z_ CD i 0 M �35 r, #4 TLEEDEN RIVER LOCATION AS SHOWN ON A PLAN PLAN OF LAND IN NORTH ANDOVER, MASS. "'QED BY 90 REALTY TRUST, SCALE I" = 20; DATED MIX 1973" PREPARED BY MORSE a MARTIN, 13 FERRY -q,HAVERHILL, MASS. AND FILED IN ESSEX- NORTH 9.jRICT REGISTRY OF DEEDS AS PLAN NO. 6835. lk�aPLAN PREPARED FROM PLANS a DEEDS OF RECORD -/TAPE SURVEY OF EXISTING PHYSICAL CONDITIONS' r DOES NOT REPRESENT A FULL INSTRUMENT that I have examined d all easements, ind buildings are round as shown. ► 3t thes e�a�. zoning laws of cevjhen constructed. hat this structure located in the a a. ................. ter R.L.S. #9387 does not include walls or drive. o not necessarily V line. I Crl�•�CNM �^rT�i � �`�-s C �-n •= • cam thp_r��J SVS OCCV�4--�'�J FF Q. MAY NOT SITE NORTH PLAN OF ANDOVER, PREPARED FOR: SCALE, I = 20' CARTER 81 TOWERS 6 FAIRVIEW AVENUE SWAMPSCOTT, MASS. 2AF-H IC SCALE LAND MAS: GREGORY BEAT DATE: FEB. 12 , 1989 zEV: ENGINEERING CORP. 01907 Town of North Andover Office of the Conservation Department Community Development and Services Division 27 Charles Street North Andover, klassachusetts 01.845 Alison kIcKay .onservation Administrator Octo er 12, 2005 ,��� w��,PS/ 0 id J � fQ Anthon. Zimbone 90 Sutton treet North And ver, MA 01845 RE: Enforce ent Order - Installation of a 4' High BlocFencf Map 12, reel 8 Dear Mr. Zimbone: Telt, shone (974) 688-9530 F;ax (978) 688-9542 Wall - 90 Sutton Street, On Friday October 7, 2 5 I conducted a site insp tion of the above referenced property at your request to discuss ether a 4' high blockee nce wall could be installed and if the existing parking lot could raised in order t duce flooding concerns. Also discussed at that time were plans to re -pa e the existing/arking lot within existing limits, which would be completed by the North An over Depa ent of Public Works. As you are aware, the subject pro. Shawsheen River and within asso Wetlands Protection Act (M.G.L. I mapping, the 100 -year floodplain within 100 feet of a jurisdictiona � within the 200' Riverfront Protection Area of the Floodplain as regulated under the Massachusetts �r 131, section 40). According to FEMA floodplain on is noted at 34 feet. Please be aware that any work esource area, within 200 feet of a perennial stream or river, or within floodplain i subject to a 'ling with the North Andover Conservation Commission (NACC) pursu t to the Massa usetts Wetlands Protection Act (M.G.L. Chapter 131, section 40) an the North Andov Wetlands Protection Bylaw (Chapter 178 code of North Andover). However, since work Etivities discussed are limite and minor in nature, appear to be greater than 100' fro the top of bank and will be co ucted within existing disturbed areas (parking lot), this epartment will allow the construct n of a 4' high block fence wall immediately ups ope of the existing curbing as discusse and as shown on the plan attached herei only through the attached Enforcement Or er. No change to the existing grade of the p rking area or elsewhere on the parcel is allow le under this Enforcement Order. Furt er/ future work within 200' of the river shall be pro sed under a Notice of Intent filin, ora Request for Determination filing (whichever is app 'cable) pursuant to the above ref renced statutes and procedures. all work must be conducted in accordance with the following�Onditions as under this Enforcement Order: \ 130;181:) OF AI'I'(:iALS 688 �Ji.}I BUILDUNC) 688-(K4j CO NSF-RVAT10N 688 99;30 111:,'\1111688-9 40 131 ANNIN( i ➢ Trenched siltation fence shall be placed between all construction areas and wetlands (around the entire perimeter of the parking lot for re-paving/wall installation work). The erosion control barrier will be properly installed and shall be inspected and approved by the Conservation Department prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized against erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of additional erosion control measures may be required in areas not mandated in this Enforcement Order. Should such installation be required by the NACC, said erosion controls shall be installed within 48 hours of the Commission's request. ➢ The Conservation Department shall be notified, at least 24 hrs in advance, upon completion of erosion control installation for a site inspection. During this inspection, the applicant shall confirm the commencement date of work activities. ➢ No construction equipment and/or machinery shall be staged overnight within 100 -feet of the resource area. If this condition cannot be met, the Conservation Administrator shall be contacted immediately to discuss alternatives. ➢ Any excavated or excess soil/ paving materials shall be immediately removed to a location away from any resource area and properly disposed of to an off site location. ➢ Any disturbed areas shall be immediately stabilized with seed or hay mulch. Any erosion controls installed must be maintained and remain in place until all disturbed areas have been adequately stabilized. ➢ Upon completion of all work activities, the Conservation Department shall be contacted for a final site inspection. ➢ Upon confirmation of site stabilization by Conservation staff, erosion controls shall be removed and properly disposed of. Failure to comply with this Order and the deadlines referenced herein will result in the issuance of additional penalties. Any violations to this Enforcement Order as documented herein are subject to no more than a $100 per day penalty' until such time as the Enforcement Order is fully complied with. Each day or portion thereof during which any violation continues shall constitute a separate offense. . I In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover Wetland Protection ByLaw (REV May 1993/ REV October 1998) /1 The Conservation Department reserves the right to take additional action in the future should this Enforcement Order not be complied with retroactive from the date we were first made aware of the violations. This Enforcement Order shall become effective upon receipt. Please feel free to contact me should you have any further questions or concerns in this regard. Thank you in advance for your anticipated cooperation. Sincerely, NOIZ H ANDOVE;R'CCONSERVATION COMMISSION Alison E. McKay Conservation Admi ; istrator Cc: Curt Bellavance, Community Development Director Michael McGuire, Interim Inspector of Buildings William Hmurciak, DPW Director Tim Willet, Water & Sezi7er Superintendent File NA CC Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. reNm Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order -- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information This Enforcement Order is issued by: North Andover Conservation Commission _ October 12, 2005 Conservation Commission (Issuing Authority) Date To: Anthonv Zimbone Name of Violator 90 Sutton Street Address 1. Location of Violation: Property Owner (if different) 90 Sutton Street Street Address North Andover 01845 City/Town Zip Code 12 8 Assessors Map/Plat Number Parcel/Lot Number I 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): See attached letter dated October 12, 2005. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: i ® the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). wpaform9a.doc • rev. 7114/04 1 Page 1 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 1 WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ the activity has been/is being conducted in an area subject to protection under c. 1311, § 40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name File Number ❑ The Order of Conditions expired on (date): Date Dated Condition number(s) ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ® Other (specify): See attached letter dated October 12, 2005 for mandated conditions C. Order The issuing authority hereby orders the following (check all that apply): ❑ The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. ® Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ❑ A restoration plan shall be filed with the issuing authority on or before for the following: Date The restoration shall be completed in accordance with the conditions and.timetable established by the issuing authority. wpaform9a.doc • rev. 7114/04 _ Page 2 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action (e.g., erosion/sedimentation controls) to prevent further violations of the Act: See attached letter dated October 12, 2005 for mandated conditions. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Alison McKay, Conservation Administrator Name 978-688-9530 Phone Number M -F 8:30 - 4:30 Hours/Days Available Issued by: North - Andover -------------- ---- Conservation Commission Conservation Commission signatures required on following page. wpaform9a.doc • rev. 7/14/04 Page 3 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatur ; Signature of delivery person or certified mail number wpaform9a.doc • rev. 7/14/04 Page 4 of 4 /R�� R mgANKME P�5 of e'10 /0"i / (198 (1988 o NG - 7XI STI I TOP OFRot P � 4207'JE 0SHEDENCROACHMENTUT I L.SHEDOJ / EASEMENT .,, o / SE i OF NORT N ' — TOwri PAVED P: K I N G ,OT O�erhe Planter Planters - Planter eelchair Ramp OkN Pin z 1 A6 t i 'I t�refc„5�d �. units Units 5 � = I MaccWeb.org :: View topic - Repaving Lot in Riverfront Page 1 of 2 MaccWeb.org Ai MACC's Conservation Connections is our place to share ideas and access our greatest database: you. i7f�8�t�1/@tlDil OD �D O�� � FAQ U Search Q Memberlist g Usergroups E Profile d You have no new messages a Log out [ Alison McKay] Repaving Lot in Riverfront �Iqewtoplc pastre�ily MaccWeb.org Forum Index -> Main Forum View previous topic:: View next topic Author Message lowchroma 0 Posted: Wed May 10, 2006 11:49 am Post subject: Repaving Lot in Riverfront}� uote This question is similar to Peters posting below as it relates to redevelopment Joined: 09 May 2006 in urban areas. What are the filing requirements for repaving an Posts:5 projects 9 q P 9 existing parking lot in Riverfront area and buffer zone. 310 CMR 10.58(6)(a) exempts repaving of parking lots in existance before 1996, so long as the lot is not in any other resource area or its buffer zone. The entire site is located within the 100 -ft buffer zone of the bank of the river and the site is 100% impervious. Stormwater management is limited to a swale that dumps runoff from the lot directly into the stream. The banks are steep and consists of fill/rocks and mostly rip rap. So it seems that this activity is not exempt and would require filing an NOI. According to the riverfront performance standards there needs to be some improvement to stormwater management and existing conditions. There is no room onsite for swales or basins and there are no catch basins. How can the applicant meet the riverfront performance standards for improvements to riverfront if it is not feasible? Can an Order be issued for the repaving if the applicant can not meet this performance standard? Back to top r4;jls m patrickgarner D Posted: Thu May 11, 2006 8:44 am Post subject: " _ uote I don't interpret this like you do. To me this looks like conventional Joined: 13 May 2005 maintenance. If I were theaPP applicant I'd strongly argue ar that no Posts: 212 9 9 application is Location: Northborough, MA necessary. If the lot is paved, & they repave it w/o expansion or other material change, what's the difference between doing that and repainting a building? Or re -roofing? I don't think the Rvrfrt regs trigger any need for stormwater mitigation for normal maintenance. At the worst, I'd suggest they file a DOA. On the other hand, if the ConCom believes stormwater mitigation is required, & the applicant agrees (which would be amazing!), look for subsurface infiltration (given that there is no room for anything else). http://maccweb.org/phpBB/viewtopic.php?t=230 5/30/2007 MaccWeb.org :: View topic - Acceptable work in flood zone? Pagel of 3 MaccWeb.org MACC's Conservation Connections is our place to share ideas and access our greatest database: you. Conservation Connections R) FAQ Q Search 2 Memberlist Q Usergroups Profile 9DYou have no new messages �0 Log out [ Alison McKay ] Acceptable work in flood zone? neav#opic ��►postreply MaccWeb.org Forum Index -> Main Forum TRHGGR d Posted: Tue Feb 14, 2006 7:00 pm Post subject: DITTO ar -_ ,note Joined: 17 Oct 2005 This is exactly the type of developement we are seeing in Lawrence in the I Posts: 22 Spicket River flood plain ... Any guidance? Can a dwelling be built on a "slab"? http://maccweb.org/phpBB/viewtopic.php?t=1 84 (f ` s A ( 5/30/2007 View previous topic:: View next topic Author Message Framingham Agent 0 Posted: Tue Feb 14, 2006 4:54 pm Post subject: Acceptable work in flood cote zone? Joined: 20 Dec 2005 Performance standards in the wetland protection act states (10.57(4)(a): Posts:8 "Compensatory storage shall be provided for all flood storage volume that will Location: Framingham, MA be lost as the result of a proposed project within Bordering Land Subject to Flooding, when in the judgment of the issuing authority said loss will cause an increase or will contribute incrementally to an increase in the horizontal extent and level of flood waters during peak flows." I find the term "in the judgment of the issuing authority" to be a bit vague and up for interpretation. We will be having a project forthcoming proposing to construct a house in the floodzone (on existing lawn). Apparently you can construct the basement so that flood waters can flow unobstructed into the "basement space", thus the only flood storage volume lost will be that of the foundation (cement) width. In the case where a 20X40 foot foundation is being constructed within the floodzone and let's assume that the floodzone extends one foot in this particular area, the project mentioned above would still be displacing 120 cubic feet. Since the entire lot is within the flood zone and the water table is almost at surface level, it doesn"t leave any room for the applicant to create compensatory flood storage. Question 1: what amount of flood storage loss should be considered significant enough to cause an "increase in the horizontal extent of the level of flood waters", and Question 2: Has anyone created regulations that creates better performance standards or acceptable thresholds for work in the floodzone? Michele Grzenda Framingham Conservation Agent Back to top r4&_email TRHGGR d Posted: Tue Feb 14, 2006 7:00 pm Post subject: DITTO ar -_ ,note Joined: 17 Oct 2005 This is exactly the type of developement we are seeing in Lawrence in the I Posts: 22 Spicket River flood plain ... Any guidance? Can a dwelling be built on a "slab"? http://maccweb.org/phpBB/viewtopic.php?t=1 84 (f ` s A ( 5/30/2007 --o MaccWeb.org :: View topic - Acceptable work in flood zone? Location: Lawrence Con Com Page 2 of 3 Tennis Lilly Chairperson Lawrence Conservation Commission 508 451 2967 Back to top _rafihe rn email _AihA YiiM_ Ken Pruitt p Posted: Wed Feb 15, 2006 5:08 pm Post subject: "quote, In my experience, Conservation Commissions automatically require 1 cubic foot Posts: 1887 constructed storage Joined: May 2005 of tted flood sta for each 1 cubic foot filled b project. It would y any require a complex study to determine if additional fill in small amounts would actually lead to a measurable increase in flooding, so the conservative approach is to always require mitigation. Remember that this is left to the Commission's judgment, and the burden is on the applicant to prove that the fill would NOT cause increased flooding (again, it is likely that an expensive study would be necessary to meet that burden). By the way, I am highly skeptical of a plan to build a foundation with openings for flood water. What would keep the owner from cementing up the holes later, after the CoC had been issued, so that he could fully utilize his basement for storage or other uses? I would not accept such a proposal if it were up to me - I would require pilings instead. I am unaware of additional performance standards adopted by municipalities on this issue. Perhaps others can add to this discussion. Ken Pruitt Executive Director MACC Back to top refile m patrickgarner D Posted: Wed Feb 15, 2006 5:20 pm Post subject:"__- uot+ Joined: 13 May 2005 Further comments: Posts: 212 Location: Northborough, MA > To Tennis' question about "slabs"... Yes, and most homes south of the Mason-Dixon line are built "on slab." Up in N. England, we're actually in the minority w/ full basements (considered a pricey amenity elsewhere). > I agree with Ken that elevated houses should be set on piles. And there are other considerations, such as, will steps into (& out of in the rear) the house be set in the floodplain? If so, obviously compensation is then necessary... > Ken's answer to what is significant in terms of loss of storage is excellent. Perhaps another perspective though would be to quantify the total amount of storage per that site (for instance, 21,000 SF of floodplain in the back yard) Z http://maccweb.org/phpBB/viewtopic.php?t= 184 5/30/2007. .-W MaccWeb.org :: View topic - Acceptable work in flood zone? W Page 3 of 3 versus the amount lost to the "improvement" (say, 100 SF in the footprint of the supporting walls). Then you could calculate a percent of impact. In this theoretical case, the impact would be less than one percent. Because the floodplain studies are themselves a generalism & a broad estimate, a less than one percent impact could be argued as very minimal. On the other hand, Ken's approach eliminates the issue of what is minor, or significant. Back to top refile m '' email Display posts from previous: 'All Posts Oldest First Go ( tte to iC aiist�D MaccWeb.org Forum Index -> Main Forum All times are GMT - 4 Hours Page 1 of 1 - .......... . Watch this topic for replies Jump to. Main Forum Go Powered by phpBB © 2001, 2005 phpBB Group http://maccweb.org/phpBB/viewtopic.php?t=184 You can post new topics in this forum You can reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You can vote in polls in this forum 5/30/2007 MaccWeb.org :: View topic - RDA and riverfront Page 1 of 2 MaccWeb.org MACC's Conservation Connections is our place to share ideas and access our greatest database: you. Conservation Connections FAQ U Search R Memberlist g Usergroups U Profile a You have no new messages 9 Log out [ Alison McKay] RDA and riverfront a t1@Wtopic aias#1repED MaccWeb.org Forum Index -> Main Forum Author Janna Joined: 22 May 2005 Posts: 41 Back to top patrickgarner View previous topic:: View next topic Message D Posted: Mon Oct 17, 2005 9:25 pm Post subject: RDA and riverfront °' _cote We have someone who wants to build a small addition to their home which is about 80 feet from a river and is existing lawn. The terrain is pretty level (but not shown as 100 year floodplain on the FEMA map). I feel fine about an RDA on this except I'm not sure how that works with Rivefront Area. (This is definitely a perennial river.) How does the Riverfront fit together with the RDA process? D Posted: Wed Oct 19, 2005 8:07 pm Post subject: cote Joined: 13 May 2005 An applicant can use the RDA forms for work in Riverfront. See section C.3.a of Posts: 212 the form -- there's a lengthy series of questions, including scope & alternatives. Location: Northborough, MA Regardless of the circumstances, the applicant still has to comply with the Riverfront regs, whether the riverfront is wooded or lawn. They are exempt from stormwater management requirements, but otherwise have to minimize their work, protect resources from erosion, avoid the inner 100 feet, and meet the max 5000 sf (or 10%, whichever is greater) rule for impacts. The Commission decides what they believe is appropriate, and whether the applicant is meeting the regs and being practically sensitive to the resource area itself. Back to top raf ile' m email Display posts from previous All Posts LJ Oldest First Go newtapir po:S#rVy MaccWeb.org Forum Index -> Main Forum All times are GMT - 4 Hours Page 1 of 1 Watch this topic for replies Jump to -Main Forum - Go CPQ S http://maccweb.org/phpBB/viewtopic.php?t=47 5/30/2007 McKay, Alison From: McKay, Alison Sent: Wednesday, May 30, 2007 9:53 AM To: Willett, Tim Cc: ScottMasse2 (E-mail); Merrill, Pamela; Bellavance, Curt; Brown, Gerald Subject: RE: 90 sutton st Hi Tim, I wish I could say go ahead, but unfortunately any change (even if only 1.5") to existing grades within BLSF (floodplain) is considered an alteration to a resource area and therefore requires a Notice of Intent filing pursuant to the WPA and Bylaw respectively. I just confirmed this notion by rereading the WPA regulations. It may seem silly, but there is no way around it under the provisions of the WPA. I met with Mr. Zamboni at the site in 2005 and our discussions were documented in the letters attached below, of which you were copied. I also informed Mr. Zamboni at that time that unfortunately repaving the parking lot with even the slightest change in grade would require a NOI filing in accordance with the WPA. Let me know if you have further questions in this regard and how I can help you with this in any way. Alison +++++++++++++++++++++++++++ Hi Alison, Our agreement with Anthony Zamboni is to overlay the entire paved area of 90 Sutton St. This means the grade will be raised 1.5 inches, an insignificant amount. Can we go ahead with that? -----Original Message ----- From: McKay, Alison Sent: Monday, May 21, 2007 3:41 PM To: Merrill, Pamela Cc: ScottMasse2 (E-mail) Subject: RE: 90 sutton st Pam, Thank you for bringing this to my attention. I had previously issued an EO on this site for similar work (and the construction of a wall) and copied DEP and Tim (attached below as reference). I had indicated in that EO in regards to the repaving that no change to the existing grade or parking area or elsewhere on the parcel is allowable. However, my first slap on the wrist from DEP came from the issuance of this EO, since the site is entirely within floodplain. I have the file with the EO in my office currently since there is a different item for up for discussion at my TRC meeting on the same property. apologize if I am reiterating myself on this one, as now that I think about it, I may have discussed this with you in a previous e-mail (although I couldn't find the e-mail to confirm this notion). If we did speak of this previously, what was the outcome, as I don't recall? If not, I would recommend that a current survey plan be submitted of existing grades and limits of the parking area prior to the issuance of any EO to further ensure in kind replacement only. If you do write an EO, please refer to conditions of the previous EO and include an as -built conditions survey plan. We do not want any grade change that will affect existing flood conditions, as this requires a filing under the WPA and the Bylaw. In addition, any slight change in grade could put the Town in a compromising position should the owner/future owner claim that the Town caused additional flooding conditions with the repavement. Scott, does this make sense? Are you comfortable with this approach? EO letter.doc Final EO null & void letter.do... Let me know if you have further questions in this regard and how I can help you with this in any way. Alison +++++++++++++++++++++++++++ Hi Alison, Our agreement with Anthony Zamboni is to overlay the entire paved area of 90 Sutton St. This means the grade will be raised 1.5 inches, an insignificant amount. Can we go ahead with that? -----Original Message ----- From: McKay, Alison Sent: Monday, May 21, 2007 3:41 PM To: Merrill, Pamela Cc: ScottMasse2 (E-mail) Subject: RE: 90 sutton st Pam, Thank you for bringing this to my attention. I had previously issued an EO on this site for similar work (and the construction of a wall) and copied DEP and Tim (attached below as reference). I had indicated in that EO in regards to the repaving that no change to the existing grade or parking area or elsewhere on the parcel is allowable. However, my first slap on the wrist from DEP came from the issuance of this EO, since the site is entirely within floodplain. I have the file with the EO in my office currently since there is a different item for up for discussion at my TRC meeting on the same property. apologize if I am reiterating myself on this one, as now that I think about it, I may have discussed this with you in a previous e-mail (although I couldn't find the e-mail to confirm this notion). If we did speak of this previously, what was the outcome, as I don't recall? If not, I would recommend that a current survey plan be submitted of existing grades and limits of the parking area prior to the issuance of any EO to further ensure in kind replacement only. If you do write an EO, please refer to conditions of the previous EO and include an as -built conditions survey plan. We do not want any grade change that will affect existing flood conditions, as this requires a filing under the WPA and the Bylaw. In addition, any slight change in grade could put the Town in a compromising position should the owner/future owner claim that the Town caused additional flooding conditions with the repavement. Scott, does this make sense? Are you comfortable with this approach? Alison << File: EO letter.doc >> << File: Final EO null & void letter.doc >> -----Original Message ----- From: Merrill, Pamela Sent: Monday, May 21, 2007 10:41 AM To: McKay, Alison Subject: 90 sutton st Tim Willett called. Zamboni, 90 Sutton St is ready for the town to overlay the parking lot. The town will be removing the existing curbing and replacing it in kind. As you may know, Jim Rand made a deal with Zamboni when the town put the sewer line down there and needed an easement. Tim wanted to do the work under an EO Pamela Merrill Conservation Associate North Andover Conservation Department 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 Office: 978.688.9530 Fax: 978.688.9542 Town of North Andover Office of the Conservation Department Community Development and Services Division 400 Osgood Street North Andover, Massachusetts 01845 Alison McKay Conservation Administrator October 25, 2005 Mr. Anthony Zimbone 90 Sutton Street North Andover, MA 01845 Telephone (978) 688-9530 Fax (978).688-9542 RE: Enforcement Order- Installation of Block Wall - 90 Sutton Street, North Andover, MA Dear Mr. Zimbone: As you know, the North Andover Conservation Commission issued an Enforcement Order, dated October 12, 2005 to allow the construction of a 4 -foot high block wall at the above-mentioned property. This department was immediately contacted by Richard Tomczk, MA Department of Environmental Protection (DEP), who informed me that the DEP will not allow the project to move forward under the issued Enforcement Order. The DEP finds that it needs to be determined whether or not the proposed wall would displace portions of the 100 -year floodplain., As such, this letter has been prepared to inform you that the Enforcement Order previously issued to you dated October 12, 2005 is officially null and void. In order to proceed with this project, you must file a Notice of Intent with the North Andover Conservation Commission and the DEP pursuant to the Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, section 40, 310 CMR 10.00) and the North Andover Wetlands Protection Bylaw (Chapter 178 code of North Andover). Enclosed please find the Notice of Intent application and instructions, accompanied by other pertinent local forms and information. Please do not hesitate to contact me if you should have any further questions or concerns in this regard. Thank you in advance for your anticipated cooperation with this matter. Sincerely, 2 11- Alison McKay Conservation Ad ' istrator Encl. Notice of Intent application Cc: Richard Tomczk, DEP, NERO, Wetlands Division Curt Bellavance, Community Development Director Jerry Brown, Inspector of Buildings Bill Hmurciak, DPW Director Tim Willett, Water & Sewer Superintendent NACC File 130ARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEAL 11-1 683-9540 PLANNING 688-9535