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HomeMy WebLinkAbout2001-06-21 Correspondence rn iomAs i r�-., NE, vp.,,jA S S,0 C IATE S I N, RECEI'VED ImmmWoommumbp M NkrkrI r�,� r ,a`fk ��a.arU I Planning J ,,, 11 � �a� uul'lu�u , ruy � ,u�u � u d Depnartaie nt � 27 ,C],harks Street fi oi-tlu Andover, MA 01 Re,. 1070 Osgoeul Street— Site Plan Application Dear Heidi: we are in receipt of your letter dated January :EZ, 2001 to the perspective buyer of (lie ab,o c- retereuuceul property. p do, understand your letter and ale understand that it is a policy of the Planning Board not to hear a case until al l variances, if a any, are granted. Please uru kc note that our varianec application has been acceptod the ,o niunp_; .'Board and rruuxy Public hearing is scherlrulecl fior February 1P. Following that meeting, if we are fortunate eunuruugln to be granted the varhuwes we will ptorthwitlu re- uulrunnit to the Planning Board. With this, understood, plea bold our aPplication. Please accept this Better as a r'eq aest to withdraw our current application. Your attemtaarrr to (his,matter is greatly apaprreeiatead� Sincerely" Thomas E. Neve, PE, PLS President, CEO ee, Chai enabuuinyaritln Robert Nieetta, l uuiilul'iun,g t Turn nisi uner• William Scott,, ("urannuunuuunity:l evelep?unneunt Director 1263NAPB.rr e ENGINEERS - * LAND SURVEYORS LAND USE PLANNEFIS - 4,17 0M Hcvslon lion U U.S. Roi,,Ac #1 lbpsfield, MA (97 )887-8 58f.i FAX t 78p 887.-348 1 Town of N4orffi An&m Office Of ate HuMmg Dqwftient m=uW D"elopment'gmd Vices Divisa[on Wig j, Scot,DivWm >7irecbor 27Charjevqbvet D. Robert Niceft orlfi Andaverr,Massx!fimeft 01M Tdaphone(M)6&;-%0 Building Commissi er Fax W8j SW-%42 Iary 23,2001 Mr. Wdhm J iwa%4 ammm Zing Board iof Appeals 7 Cues Street North Andover,A+1A 01845 Re, 1070 Osgood Sees Variance Applica *n for RedxUon in ng Spam Size Dear Mr. ulfivan; l arty wr i ft Ws letter to voice strong opposition to appEcation of ChW SwmbuukyarW ter redaction of the standard 9-& x ]8-tt, garida►g space as allowed in the 2otringBy-law to 7, fL x 16-f!apace, It was ate: the opening of Ckassraad ftva that the public ompSanrfed that the 7.54 x 16-fE.spwe was to=WI to be udkzed by SUV and fx11 sire vehictes.The Anmual Town Mewing of 1994 woqxed the pdopoW ttu t the 7.5-ft. x 164 spmoebe mnmoved&vomn SeWon S.1—ofr Suva Parking attd that all parking spaces be of the 94L x 184 size, it Vpems to be redundmit to redone the length and width of the stwxlmrd to 7.5-1 x 16-ft when the m =y 4 vekcles sold today are of the SUV,truck and fWT sire typo---and would be use to utilize the rafted size spaces Thm m e#fect would be redacmg Oe required r r uE qmm for the Restaurant business. As suck f am of the opix *9 this applicatkm shod be DENEED Your}truly, D.Robert N-ioa tat Bvikft Cormlisajow J ZamifagEdemcem tClflicer RECIN ED CC Thomm Nfte,Mm ']AN 2 4 DCARDOF AP`P5 UUS 686iMI WJaJ)M 6 gm COMERVAMN68945n $FALTH&8 9so rLAmmM og"335 Lawrence Municipal Airport 492 SUTTON srREET NORTH ARCXNER MASSA rHUSETTS 01 45 (978)794-5ma FAX(0%ZS4.5961 February 2, 2001 Thornas E. Neve, PE, PL Thornas B. Neve Associates, Inc. 447 Old Boston Road Topsfield, MA 0183 Re- 1070 Osgood Street,Nor(h Andover, Massachusetts Dear Mr. Neve: I write on behalf of the Lawrence Municipal Airport Commission in response to your letter of January 11, 2001 requesting permission to undertake certain actions affecting Lawrence,Muni Cipal Airport prop €y. 1 will address your requests in the order in which they were presented; l. You request permission to clear debris from a ditch located on Lawrence Municipal Airport property along the westerly side of your property, and to plant trees and shrubs in this area once the debris is removed. Permission is hereby granted to undertake such work provided that the vegetation planted does riot at any time violate or impede the imaginary protected air space of thr, Lawrence Municipal Airport. Furth,ennore, this permission is granted specifically conditioned upon the owners of the 1070 Osgood Street property agreeing to out, or allowing to be cut, any vegetation that is deemed to be in violation of this irna mwy air space by the Lawrence I unicipal Airport Commission. . You request permission to landscape a small section of Airport property located along your northern boundary line. Permission is hereby granted to undertake such work provided that the vegetation planted does not at any time violate or impede the imaginary protected air space of the Lawrence Municipal Airport. Furthermore,, this permission is granted specifically conditioned upon the owners of the 1070 Osgood Street property agreeing to cut, or allowing to be cut, are vegetation that is deemed to be in violation of this imaginary air space by the Lawrence Municipal Airport Commission. Thomas E. eve l;ebruary 2, 2001 Page, 2 3. You request gemdssion to deposit access mow from your parking lots along the northerly boundary line of your property thereby encroaching onto airport property. Permission is hereby granted to undertake such practice provided that the deposited snow does not violate or impede the imaginary protected air space of the Lawrence Municipal Airport. Furthermore,, this permission is granted specifically conditioned upon the owners of the 1070 Osgood Street property agreeing to remove, or allowing to be removed, any deposited snow that is deemed to be in violation of this imaginary air space by the Lawrence Municipal Airport Conur ssion. Pursuant to your letter, it is agreed and understood that all of the above described work will he done in accordance with a manner acceptable to the North Andover Conservation Commission. e would further ask however that the owners of the 1070 Osgood Street property agree to hold the Airport, and its Conmiission, harmless for any and all liability that may arise as a result of the underta ng of the above requested actions. Kindly respond to this request in writing prior to the commencement of work. Please be adviscd that all permission for use of Airport property is granted at the sole discretion of the Lawrence Municipal Airport Commission and is in no way intended to be the granti�rg of a fee ingest in Airport property. The Lawrence Municipal Airport Commission hereby reserves the right to revoke the above granted permission should, in its sole discretion, the Commission deem that it is in the best interests of the Airport to do so. If you have any quesdosrs, please do not hesitate to contact me. Sincerely, Michael P. Miller Interim Administrator PM! CC, Lawrence Municipal Airport Commission Steven G. Langlais, PE Ndirth.Andover Fire ■ . , . - Memo TW. Plannifig BoaTid From. L! #ndrew M@mkas CC: Date. 3/WI Re. Pmpa d m�aurantl 0Osgood m Chef Dolan and | have reviewed the plansfor this project as presented by Thomas Nam.We have the fD■owing tomrnents: t The twenty fod "nre way ig acceplable for fire deMmewecces,% A \e lane will be deady marked around thebmUng hBcrmdance w■h town by b# cq 3 l The mm Oepartmentpmmn that the pa*rg� spaces be the requited size by bvm regulations Sincerely, � Mar- 13 01 09: 26a P . 1 North Andover MeDepartment To, Zl n SOMO(AWeMs Fn01m LL Andrew MeIrikas cm Datm W7WI Rw posed ne:JaraW 1070 Osgood st Chi DOm and I ho"rev'aw #W pins Mr this prc@m t as pnesecaw by Thomas Neese.WO have thO k lovmM corwt #s; 1- a twemy fao+l entrance way is a=eptabta for Fire de li ame s _ A ire lane wal>ba deady rnax a amUnd tho building io accordarxe WjM town by hiw sac 109-3 3. The Fire DeMlmnt Mtels Jftm tie Widno spaces be the mquired stxs by tMyn regui&tW rs Sdr«care�y. R rl FFJ Ii{ bc�-U�,IA S SUN, INC. f'HaE NO. 69.E -1950 t!jr, 2a -'JJOZ 06,2 AM P2 FRANK DeLUCIA & SON INC. GENERAL CONTRACTORS 386 MERRYM ►CK S'Z`SLFtL`M MEVEN,MASS,{l{'H USETT 0 1 W PAX (9-78)"34W 1k 3/20102 Silvestl i Corporation 24 StIlea Road Chao lPraya Restanraat kouu 125 No, Andover Ma. &quenee oft~owt"ctian for the North Avdover Conservation Commissiou Dear christim Per request of the order of ;on�jtiow, the following is a sequence of cvcm#s for the prof ect M we sec i L 1. layout andL verificatiosk oftlic location of siltation controls and wedaW gags 2. jxZ--coaSt etion 111eedrEg al ale site 3, instWlatjnTj of erosion controls 4- inspection oferasion contols tree cuWrig& Mmp removal G, topwil supping r 7. wctl d mplica ion axes construction tik site fffls 9. tetaiL�ng wall congfti+c ion 10. sewer, water,and underground utility trarkchins,:and iflMflation on the site 11.fousadation excavatson 12. drainage system cony tnlcdon 13. subgradiiig and installation of Smvels for tho.pukcing lots and drip' ways 14. fine grade and pare bier only 15. bui.ldi_ng oonstauc on work 16. rip rap slope sbNliza�on as w011 as placement of topsoil &nd needing of al€ slopes { f, 17. offsfte utilities insw Iwi Oil(sewer&water) , k 18, Ught pole base instal ls#.€orl for 4ite Lghtiag 19, berm and cwbing ffi # lhrtion 24, topsoil spreading over all islands d over all rcmainzxig disturb d areas 1. free. shrub and landscaping work 22. general site cleanup,swc pin and cater loin c1cRning 23L tipcoursc pavement and p4vemeutmarldngs 24- final cusp Lions 1f'there are any qu:cstions, please feel free LO ask. A ypucl=jr.' Fraultlr d iicia & S Ixte. Tl-l( )?VLkS E., NFNE. MS S, (,"IATEN, INC'4e l+wl.s, Heidi rit'lino, Town Plauuunner F? 20 2001 Plaimiung Depadment PT-H 27' Chanrles Street 'LANNI C° a j,' North Andover, 0,1 Re. 1070 Osgood, Street— Site Plan Application Dear I leid:i. On JanLiary 22, 2 , ll we asked that you hold our a upplilr'rdation dot, this above—referenced pn>cnapnert r until such tithe as the Zonhig Board acted on variances, before tluenn. n 'pwsda , April 10, 2001 we met with the Zoning Board and were fortunate to mue;ive au variance reducing the width, of the travel lane through the parking lot 6runuun 25 feet to 20 feet in order to vnininnui.ze the work. this l uff r tonne to the wetland rtesat rce areas. aus.. Frond enclosed 9 copies of our current site plan (revision 9, dated March 2 , 2001) ibr distribution to your Board„ Please schedule us for your earliest possible pub,lic.licaring on this rna�a It r, 'Your antici.pated. cooperation is givally appreciated. If you should have any questions, please d, not hesitate to contact our office, Sincerely, THOMAS E. NEVE ASSOCIATES, INC. N a if, "l'ho nnaus F. l eve, PE, PL President, CEO 1 : ee,: Chai Se naalnaunn auritlui EI N I NEIEH"'iS LAND SURVEYORS m aLAND USE PLANNERS . NEVE "FH(")M, , As, E, A�S, S A,I ALT i j�'ks:l INNK-L TO: Heidi Gfiffiii, Town Planner 1-7 FRONC John M. Morin, PE ) yr : AprH2'°a, 004 UBJ C' " 1070, Osgood Strect.. Site Plain Application You had requested. (fiat the Zoning oa,rd signature blod< be replaced with as Planning o,ard signature block on the above-r lbrenced site plan.. P'lease find enclosed 9 copiesf shiest 1 oF4 which have b eau revised toshow as Plauning Bo 4rd signattire fvloch, If you have any qaa t:ions pl aasc do not hesitaatc to contact our o fi , J MNYknun Enclosures 12(i,,,lNA N B.1)OC' I 4 1 T11-H)MAS R"4 NEW1,4 ,, ASSOCIAT E S, ING April 27, 2001 RECEIVED APB Y Ms, Heidi Griffin,, 'low n Planner JJJ1' Plaming Department 27 Charles Street; Nonln And o v r, M A 0 18 45 1070 Osgood Street .... Site Plan Application Dear ffeidi. Our client authorized and posted $2,50,00 on January ary ;gip 2001 for the Planiiing Board to hire VHB to ctntnadtt t ar review of the above-r ler n d project regarding our application for a SitePlan Review. We have joust conipleted our work with the Conservation C tnTMIssionn and trust 1hanl we will reCeiwr ante Order of Conditions Crom tfln inn before May , 2001. We will f6livanrud as copy of t1nn Order to your office and to VHB once wc have received it. In under to room tine 'rowvrn's, review efficient, in hopes to reduce the ultimate review expense to our client, we have nt your consultant (VIIB).„ under ctnln. of this letter, all, per-tinent i1,n6'ormanti n which, should aassiSt tln a l' in tlnci.r review. They will tend by tlie innforinnantio n. they receive that Epsilon Associates p erfua-med an emensive review of the project particularly as it pertains to environmental protection and sto nxn waiter-nnunan, etncnt. Epsilon silo n :s ciantes worked in conjunction with Eggleston Envirom ne ntaa,l, who, reviewed in etauil tlne In tdrtnlu.r i anE L"Spects of the job. Both consundtrants for the Conservation onnr-nnissiotn were satisfied with the finial design. Please ask V111I to uatilize, that data in hopes,to expedite the Plannitig Board review and nnnirnilrn'vi the expense to,the applicant. - ENGINEERS ILAND SLAIVEYORS LAND USE PLANNERS 447 011d Brx,'mari 11SS Rr")We #1 Tormfpeld, MA01983 (978)88741,5A,6 FAX (978) 887-;480 GIs. ficidi Griffin Page April 27, 2001 Your anticipated coopei-ati<on in this matter is greatly appi,cciated. Sinccrdy, THOMA.S F. NEVE ASSOCIAXES, INC. Thonizis E. I eve, PE, PL President, C E0 TEN/kin cc; C bii Senabunyarithi Tim McIntosh, VIIB (with attachment) 12(iINAPHIX 4�: °'(evil of Nor( And( e " wb I Serviun Division ig Shreell �,'�n�"v�sa� [II�.���uX'?��S (0Id�;"'ir'���'..mP '"�mtXauW.+ r ��up�Va°"pn�V;�la ��� ()78) d n �a pp,y p� p n ry p yp ^p� p p �p^ry uk�',AY� (13,78),4�) �m�� e.���ti�r TO: Planning hoard FROM: Heidi Griffin, Town n Planner m ,M: iate lamp Review _ Chao Prrmymw lkestax n°arrt DATE- May 17, 2001 The applicant proposes a one star , 2,733 square foot restaurant in the Business ss onimnp District. The Zoning Hoard has p r several variances for this prqject, They are as followers: Permission to construct a ' driveway s, the required 2 " driveway, 17 Park in spaces,h ave been allowed as "co mmin of car" siz , '7e 16 feetvs- the required 1 ' fleet:, My review is as fol o s: i. NORTH A RO w"'fLt:lCA'T"l(l MAP: The locus, map does not depict a scale, although north arrow f r the plans has been provided, , ii„ SURVEY OF L 'r/PAR Ll ' : This has been provided. iii. N . IDECRI.PTION O,FF'P'I OJE(,Te This has been provided. iv. EASEMENT; LEGAL ONDITIONS° It appears an easement is needed to complete the landscape work and should obtained prior to a decision being rendered on this application.. V. TOPOGRAPHY-, This has beam pnrovid"L i. ZONING INFORM—Al.1 l': Zoning irnforrmatio n has been provided. ii. STORMWATER DRAINAGE AGE Please see attached review performed by the 1'ow n's consulting mng engineer., I I ry� ^,'1V) F1,.AN� ",`� .� 9al. , �Y�tN j IDA,"Y,��Gr�G 6�.'^e S viii. BUILDING LOCATION. All of the building- locations have bmi provided. ix, BUR DT NG BI.E ATION: Building elevations have been provided — the height of the building is 24 feet- - LOCATION OF PARUNGJWALI AY : As stated above, the applicant-has-l een given permission to have 17 compact parking spaces for the parking layout from the Zoning Board of Appeals. A loading-area-is proposed-at the rear of the building wl�iere no parkiTig will be allowed. Also, a snow stockpile area is proposed at the rear of the prowty- xi. LOCATION' OF WETLAND /NGTI E-OF WTENT The applicant should be completed with the Conservation Commission prior to the night of our hearing, xii. LOCATTDN OF WALLS/SIGN - Retaining-walls-have been idenfifFed; along--VV#h a wooden guardrail at.the entrance to the site- A sinage plan needs to be provided for the site as when has not yet been provided_ xiii- LOCATION DF RGADWAYSMRI S: The roadway in is 0' wide. We will need confirmation #turn. the Fire and Police--Departments- that tWs access-is adequate for emergency services to be provided. iv- 0UTDOOR STORAGE/DISPLAY AREAS, There- is- no outdoor storage- b0ig pi-oposed- Xv, LANDSCAPING PLAID: The plan:proAdes-forni.morous plantings-and trees; deputed on Sheet 3 of 4 on the site plan. xvi- REFUSE' AREAS: The dunipster--is-located- at -the- rear of the property and- wfl be enclosed- vii. LIGHTING FA ILITlE :- Y do not-see-any-proposed-lighting on-the plans; and believe a light should be placed, at a minim um, to the scar of the property where the parking spaces are located- xviii, DRArNAGE SY TEI .. Please xefer to ft outside misulting engineWs report.' XiK TRAFFIC IMPACT STUDY: A traffic impact study has not been provided and should be. The entrance into this site is-some hat complicated, as it is almost-directly across from the lights at the Butcher Boy Plaza and could cause serious traffic issues as people enter the-site. x. COMMONWEALTH REVIEW The project will require a Highway Access Permit and cane-has not been subrnitte&to--nnt-for tlfis project- xx. TILITII S; This has been provided on the plans- Tbo applicant plans to tie into the Butcher -Boy Pump Station-for surer. I-w N require-confirmation-from DPW as-ta the feasibility of#his proposal. xxi. Fi AL IMPACT: - A-fiscai impact report-has-not-been provided to ine-for-lhis-prgject and a waiver needs to be requested. xxii. COMMU IT i. PA T: A-community-impact-report-has not been provided-to- for this project and a waiver needs to be requested. Town of North .Andover I#a=h yILL6 A Office of the Building Department D� Community Development and Services Division � William J, Scold, Division Director V� 1YIP . 27 C13arles L%eet $ rwu� t arth Andover,Ma�ssachu setts El i 945 Telephone-(978)688-9545 D. O�lerl ICeEta B ildin Commissioner Pax (978) 689-9 542 NLEMOR I )UM To: Heidi Grimm, Town Planner From: Robert Nicetta, Building Comm iWon �1 Date; May 21, 2001 e: 1070 Osgood Street—Chao Proyna Site The Zoning Board of Appeats has gramted the requested variances for this site and the Planning Board may proceed with the Site Plan review, 1 am of the opinion, snow if not removed, will create a severe prrobt rt3 m4th on-site parking. t i y . E BOARD OFATIP',AF.5(385})s41 BUILDING(388-�)545 a_ONSERVATH)NGSKJt530 kh[iAi:n1688-9540 PLANNING688-9535 s { f A SSATHO NEVE C E SS - INC. Jute 12, 2001 RECEIVED JON 1 Fool Mr. Timothy McIntosh, Ply ,e , v I% Vanasse Hangen Brust&,Inc. � 101 Walnut Street PO BOX 9151 Watertown,MA 02272 Re: 1070 Osgood Street,North Andover, MA Applicant: Chai Senabunyarithi bear Tire: Per my previous correspondence, dated May 30, 2001, you should have in your possession the original site plan for Special Permit Review application for your review. As stated previously, this document contains several of the items you were looking for. I have reviewed your engineering review dated May 17, 2001 and offer time following additional infonnatiortfcomments for your review. I have prepared my review in the same format as yours for easy reference: I. No comment required. . The Site Plan for Special Permit Review application with cover letter dated May 30, 2001 was mailed to you on May 30, 2001, for your review. 3a. A north arrow and scale have been added to the locus map. Please mote that the scale of the focus map is i inch= 350 feet +l-. I believe this map provides saflicient detail and a larger scale locus wrap at t ineli= 1500 feet is not rewired. 3b. Please find attached correspondence from 'La rencc Municipal Airport dated February 2, 2001 allowing work to be performed and vegetation to be planted on their property associated with the proposed project. Also, they have given permission to stockpile snow on their property as shown on the proposed puns, The only easement on the property is a drainage easement as shown oti the plan. 'Phis easement will have no effect on the • ENGINEERS LAID SURVEYORS - F LAND USE PLANNERS - 447 Old Boston Road I.J.S. Route#t Topsfiel(J, MA 01983 (978) 897-B BB FAX(878) 887-3480 r. Timothy McIntosh,VHS Page June 12, 2001 proposed project. It is our understanding that the applicant's attorneys have r(wiewed the property documents and no lcgai encumbrances on the property exist that would effect the proposed development. 3c. The actual setbacks shown in the zoning summary have been revised to reflect those shown on the plan. As you had stated the actual proposed setbacks exceed the minimum required setbacks. 3d. No comment required. 3f. Our client is currently working on a sign. The sign will be in conformance with the Town of North Andover's Sign Bylaw and will be submitted for review once complete. 3g. Proposed lighting facilities and locations were provided in the Site Plan for Special Permit Review application (find details attached). Proposed lighting locations have been added to the site plan(sheet 1 of 4). 3h. This project was originally approved by the Planning Board un December 20, 1993. The only change in the project since that tune is that the restaurant has been reduced in size in ordr to meet current Wetland Protection Bylaws promulgated by the Conservation Commission. A traffic study was done at that time and traffic signal modifications were designed. Find attached the DPW pennit for the traffic signal modifications required. Please rote that these modifications have already been completed. 3m. No separate Commonwealth review is required(see 3h above). 3n. The fiscal/community impact was included in the original application that was mailed to your on May 30, 200L The following is the fiscal/community impact report taken from the original application: There are costs which will be associated with this construction which will increase the demand for public service. This project will not increase any demand for infrastructure. The Town will receive benefits from the increased tax revenue for this business use. The restaurant will employ people, There will be little or no impact on the adjacent property values. If anything, adjacent properties will increase in value based on the use of this previously altered lot. The architectural character is consistent with the area. We do not expect any pedestrian movement to or from the site. All movement wiU be by Yebicle. The structure is colonial in nature with clapboard siding. A peeked roof with a cupola adds architectural elements which are consistent with others built in the community. 'Where are no nearby historic structures which will be impacted. The proposed project is consistent and compatible with existing local and regional plans. Mr. Timothy McIntosh, VHB Page 3 June 12, 2001 4a. below the Schedule of Drainage and piping is a note that states all pipe shall be ADS. The note has been revised to state that all pipe shall also be corrugated with smooth interior. The pipes in qucstion have a minimam cover of approximately 1.6 feet. The proposes) corrugated ADS pipe is sufficient for this application. 4b. Due to the parking design, snow stockpile wilI not be allowed in the parking lot. If a catch basin is blocked by snow the curbing will keep the water ponding on the parking lot which would then be directed to the next catch basin. By examining the Hydrologic Analysis you will note that flows to CB2, CB2A, CB3 and CE3A are minimal during the 104 year storm evert. Catch Basin 2 can easily handle any overflow from MA and vice versa, and Catch, Basin 3 can easily handle overflow from CB3A and vice versa. I do not feel that adding an additional drain manhole to collect CB3 and CB3A is necessary. Y have re-directed Catch Basin 2 to flow directly into Stormreptor 2. The Schedule of Drainage and Piping has been revised to reflect these changes. Since this rn_inor change is consistent with the original design there will be minimal to no effect on the function of the drainage system, therefore, no additional calculations have been performed. &L We are proposing to use a st l guardrail on the top of the proposed retaining wall (see detail) and a wooden guardrail in the locations shown ors the plan. A detail of the wooden guardrail has been added to Sheet 4 of 4. 5b. A wooderi guardrail has been added to the plan along the east side of the parking lot. Se. The North Andover Fire Department was asked to provided heir input during review of the variances with the Zoning Board, Please fine) attached a memo ft= the North Andover Fire Department to the Zoning Board of Appeals dated 3113l01. In this memo you will note that the Fire Department is satisfied with the design. They recommended that parking spaces be the required size by Town regulations. As your are aware the proposed plan was redesigned to accommodate the required parking spaces. 5d. A de#ail of the pavement typical cross section has been added to Sheet 4 of 4. The remaining wall detail and chamber installation detail have bemn reused to be consistent with the pavement detail. I believe this additional information answers your concems. Heidi Griffin, Town planner, hoped that she could have your response b r Friday, ,Tune 15'�', so that she could put it in the members packets for th,e meeting on June 19 . I informed her that it is highly unlikely that you would respond that quickly. I informed her we would srvernight the uiforrnation to you tonight in hopes that you could respond prior to the meeting on June 19'4. It appears that your issues were minor and can be addresses)with miry mal review. I would hope that you can provide the Planning Board with a Favorable response for the meeting an June 19"'. 1rLr. Timothy McIntosh, HB Page 4 June 12, 2001 Thank you, in advance, for your time and effort in this matter. Sincerely, TH M S E. INE E ASSOCIATES, INC. John M. Morin, PE Executive Vice President JNUV/knun Attachment #i263VRB-D0C Mori FR#V N2UJC 1A & SON, I NC. PHONE No. " '970 m"3 49120 Dec, 16 2100,2 1.1'28R'1 P2' FRANK DeLUCIA & SON INC., GENE I"L CONTRACTORS 386 MERRIMACk STREET MIRTHUEN,MASSACHUSETTS 00j4 (97S)696-8200(978)683 0666 FAN,(91fl)683-490,0 MEMO Date: 1.2/16/02 North Andover Budding,Department To* 120 Main Str t North,Andover,Ma. 0 1845 Attention: Mr. Bob Nioma Re: �C�� Praya Restamant 1070 Os go,0,d Street rth Andover,,Ma: Quard Rail Details Messagc Please be advised that we are inaking a field change with regards to the gmd rail. The original approvcd plans showed a sW, 11 post and steel mfl at dw, fiont of the site between retjmmn?,walls, Nevc Assmiates was involved with a change to a w4 post with wood rad,that was approved thi p t sunioner. The steel post/wood rai I de-sip is being dropped for the original all steel.design to,gain sore strength. This messagcis,being sent to you as a cotirtes for your files Tha,nk,you, and if tbeTcare:any questions,please fW free to ask. CC: Kathy McKenna(Town Plamers Office)! Wave Asswiates (Fogineers) Silvestri Corp (General Contractor I Builder) RECEIVEt"" DEC 1 7 200? N011,I"',I AVOW" MANNINO OEPM FROhS FRANK Dc-LUCIA 4, SOH, INC. PHONE W. : 978 693 4990 Dec. 16 2QU2 i1. 8nm Pi FRANK DeLUCIA & SON INN GENERAL COIVTRACTORS Mf, AILRYiiMACK STIZUT i4tR T);I0EX, "ASS ACRUS ETTS 41944 (578)68d- M(978)683-0666 1F (979)6 -4900 DATE- TO: OwAgs ATTENTION:: ko, Fax # PROJECT- NOTES; # OF PAOFS: � PLU COVER PAGE If therp-art any que�[imr or problems with this fax 1 tranSMj Etal, PIe-ase Gal l ifs Imediatie ` haukc you Town of North Andover ao�r O ffice of the Conservation Department Community Development and Services Division * * � � a,,—a �9 27 C hark,.s Str(het CHu5e' NoAh AndovcT, Massachusetts 018d i �ttli€� l��rf`ittie TelepYfnt3c-{978}685-95317 Co-nservittion Adtnitri-,trator lax { Ili} 8-9542 May 8, 2003 C:hal Senabun arifhi Chao Fraya liver 322 S, Broadway Salem, NH 03079 RE: ENFORCEMENT ENT ORDER: 42-1036, 1070 Osgood Street, North Amdover Violation of the Massachusetts Wet-Lmd Protmion Act (MGL c.7 1 s.40) and North Andover WeFland Protection Hyf w (c-178 of the Code of NO3rth Andover), , Dear Mr. Sena bunyarithl: To date, your site is still in violation of the Order of Conditions issued on May 5, 2001. The site is completely unstable,-is littered with trash, erasion controls have failed and wall installation has not cE commenced. Verbal conversations with your engineer had led me to believe wall ins lallaEion would begin on Tuesday of this week. 'Ellis Departtent has been more Eban patient with the ongoing problems of your site. ORDER; Acting as are Agent of the Commission under:f1 GL C:.40, S.2-1 t] and the Act( 10 CMR 10.08( }, enclosed please find an Enforcement Order mandating the immediate construction of the retaining walls, stabilization of the site, replacement of erosion controls and removal of liter on sine. 'Me Environmental Moid for must be present on site during construction of the walls. The violations as documented herein are subject to a 300 per clay penalty' until such time as tie impacted resource areas have been ntitigatecl. ,Each day or portion thereof clung which this vioLfion continues shall constiluW a separate offense. At this time this fleparLrnent has elected to levy a fire in the amount of$300 per day until the site is brought into compliance. We reserve the right to take additional such action in the- future should this Enforcement Order not be complied with from the date of issuance, May 8, 2003. In accordwice with the provisions of MC;L.c,40 s.21 and Sec.Hon 178.10 of[lie North Andover Wetla-od Protection By Law (RFV May 1993 f REV lobc'1 8) i�rArXH&ss-9i,ao MANNIN(c 68^.v33S F2ai1vre to comply with this Order and die deadlines referenced herein wiII result in the issuance of additional penalties. MGL C.13-1 S.40 and the Forth Andover Wetland Bylaw, C.-178 authorizes the Conservailon Comm lion to seek injunctive relief and civil penalties per day of violation, In addition, a violation of the Massachusetts Wedand Protection Act and the North Andover Wetland Bylaw constitutes a criminal act, which ES subject to prosecution and the imposition of criminal tines, also per day. This Enforce rent Order shall become effective upon receipt, IF you have any questions, please feel free to conLacl rare. Sincerely, Ju 'e o, onse ation Administrator -- cc: iACC: I lei d1 Griffin, Con tunny Development Director eve Associates file Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands f WPA, Form A - Enforcement Order -1036 Massachusetts etlands Protection Act - -�- c- t 1, �0 Pro�dea ay�� l A. Violation Information Impo When fa E: Whenn This Enforwment Order is issued h filling o�� y- dorms an the } odh Andover 518103 computer, trsa Gonseryation Cornmission(Issuing Au iefity) Date only the tab key to move To; your cursor- do not use the Chai Senabunyarfthi return key. Narna of Usola r Chao PWa River, 32-2 S. Broadway,-Salem,...NF1 03079 Addrm - ... I- Location of Violation- SAME Property Omer(If dlffereM) 1070 Osgood Street Sheet Address North Andover 01845 —....-.__.._.._.-......._............... City Mn ZO Cade -- 32 4T _._...-...__..-._.._.-.....—._._._.._..--"'-'- --......._...._.............. Assessors NEepfP6a mtrer RarceVLot Number — . E tent and Type of Activity, .0 stab.le sire; iMproperly.Orad d s a , failure to co sbruct iretaining walls. B. Findings The #ssuing Aulhority has determined that the activity described iiWve is in v!clation of the Wetlands Prdection Act (M,O-I-- c- 131 40) and its Regulations (310 CMR 10.00), because: El the activity has beenlis being conducted without a valid Order of Conditions- the activity has beenlis being conducted in violation of the Order of Confflflons issued to, Chai Senabuyaritlii 51101 _.._..................... Nam Dated 42-9 03 .......... . . .. ..................................._ ......._. -- RE?Number CIM11111M AUMber€s wµnrurrn9a.dr.w-sex 12 1,59 J I'age 1 OF a Massachusetts Department of Environmental Protection DEP File Number- Bureau of Resource Protection - Wetlands sal Form 4 Enforcementorder 24 -1o3 Massachusetts Wetlands Protection Act N1_ .L c, 131, §40 Prod by of .......... ..... — -S. Findings (cons.) 2 other{specify): See attached Enforcae rn e nt letter and filing reguirernents tr'C�t�#` The issuing authority hereby orders the €olloWving (check all that applyr): E] The property owner, his agents, perrnittees, and all others shall rmmedialety cease arfid desist frorrx the further activity affecting the Buffer Zone andfor wetland resource areas on this property, Wetland alterations resulting from said activity should tea corrected and the site returned to its original C*ndifion3 QComplete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regutatiom shall be filed with the Issuing Authority on or before ---.------............. Dale . No fuf1her work shall be performed until ia pobiic nearing has been held and on Order of Conditiopa has beers issued to slate said work_ The property owner shall take the fol)ovAng action to prevent further violations of the Act: See Attached Cover Letter Failure to ccrnply with tins Older may canstitute grounds for additional legal action_ Massachusetts General taws C haptuar 131, Section 40 provides: a1 hoever viot8tes any proWslon of this section (a) shall be punished by a fine of not more than twenty-five thousand cloliars or by impri9onment for not rnore than two years, or both, such fine and impd8onmant, or (b) shall be subject to a civjl penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense_ wpairsrm9a.dor•rev. 17i MOD Page 2 uF S Massachusetts Department of Environmental Protection fJEP fit$NUm6er, Bureau of Resource Protection - Wetlands V�IPA Form 9A - Enforcement Order 42-10 Massachusetts Wetlands Protection Act M. -i_- c- 131, §40 �fowided��zP - - .... ................----------- .--....................... ....._ D. Appeals/SignaturesAn Enforcemeni Order issued by a onse;vaflon CommNsiun cannot be appealed to the Departrnetit of Environmental Protection, but may be bled in Superior Court, Questions regarding this Enforcement Order should be dinEected to: J14110 PaWnor Conservation Ad . ... ..........._ - Name - — 978-688-9530 Phone N=Wr 8:30 AM to 4M PM, Monday-Fggpy rlwrays Av1Fa�1e Issued by: North Andover --...-_............. _. .................. Conwivagm Go nmisswn -- In a situation regarding immediate action, an Enforce- ment 03-der may be signed by a single member op- agent of the Comrnission and ratified by majority of the rnembem at the next scheduled meeting of the ommission- ignatsr ...__...................... . SWnalure or dekwery person or oerllrKd mail number V pW64ul9a.do -rev. 12A 5fG0 Fie 8 of u Town of North Andover Office of the Planning Department Community Development and Services Division * ; 27 Charles Street 1 rxrth Andover, m;achoset 01845 r PlanningDi-rector. P (978)688-9535 xwvands�tx�wrtnf�tinrth$r�dover_corn k {97#3) 38-'�5� Justin Woods hE :llc�a[ ,�tns�l�n9 {�vsi cc�]�u May 12, 2003 Chai Senabmyarithi c/o Chao Praya River 322 South Broadway Salem, NI-f 03079 HE; 1070 Osgood Street Dear Mr. Scnabunyarithi. Ors J)nte 21, 2001 the Planning )bard issued a decision approving a Site Plan Permit for your resiaarant (copy enclase4 At it's meeting on May 6, 2003, the Planning Aoard rcrtues,[W that you came in to the May 20, 2003 njcetirrg and updaW thimi on the s#atw; the landscaping and screening that were depicted on ]he approved pica and required by the decision. Kindly contact the Planning Department at 978- 88-9535 or by=ail of 'wood atowpofficathandover.com to eionfirjn your attendance. Thank you irk advance for your cooperation. Sin J. ti o 1 �7j" Diracior Attacl ima cc: Planning Board JulicParrino, Conserva Lion Administratcu ,lade Sullivan, No. Andover Engineering Director Heidi 6riflin, Director ofCoar uj�ty & Dcvelopment BOARD OF APPEALS 6a8-9541 HIJILIANCB OR-"E5 CrC][52VRVATION 688-953Q HEALTf1688-954{� PLAI%fNR%Vr fi88-9535 Town of North Andover Office, f the Maiming Deputme�iit rm ;;sty Development and r i i i�c North Andover, itd,r ssac'lrt��etls 01845 Notice Of Decision Any rrtrprcal shall be filed o Withirt 20 days after the o Date or riting this Notice. drr the Office of the Tow Cterk, Date: Rine 21, 2001 Date of Healing- June 5,, '�'�1 Petition ref:Q,ai Senabunyarithi, e/ar Chao Praya River, 322 South Btoadway, Salem NTI 03079 P'rwerrri es Affected: 107 Osgood Street North Andover, MA Oil 845 efcr•rir�'„g to the above petition for a special p rrrrit from the requirements,of the North o as to allow. the construction fa 2,733 square foot restaurant in the Business cmit, . After a public Imaring given on the above date, the Planning Board, voted to APPROVE, the Special Per suit for Site Plasm Review, based rrllon the frrllrrwin , conditions.. Signed: .. j Sinii�u s, Chairman +C e: Applicant 6. erto Angles, Vice Chairman Engineer Richard Nar Bella, Clerk DPIW Alison Lesearbic u Building Department Conservation Department Health Department Z13 9IEAI;IT[698-ii)5,10 r"LXNNINC,68 -�)535 1070 OnnodStreet-Chao Prays Restaurant Site Plan Review R Special Permit The Planning Board Herein approves the Special Permit/Site Plan [review l'oT the construction of a 2733 square foot rostauiant located �i the 13usiiiess 2 lane. This Sfecfal Permit. was requested by Chai Senabunyurilhi, c/o Chao Praya River, 322 South Broadway, Salem, NH 03079. ']'Hs appkation was Bled with the Planning Board on January 4, 2001. The appEcant sabrnitted a complete application which was noticed and revio cd in accordance with Section 83, 10.3, and 10,31 of'the Town. ofNorth Andover Zoning Bylaw and MGT., C-40A, Sec. 9 'ncc Planning Board makes the lollowhig findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3, FINDINGS OF FACT: 1, The specifie site is an appropriate location for the project as it fs located in the Business 2 Zone and itivolves the construction of a restaimuit which is an approt.}riate . The use as developed will not adversely AM the neighborhood as a six tcient bulXer has been provided. Extensive landscaping has been provided along the entire perimeter of the restaurant, along with a wood guard rail, concrete headwall and a concrete retaining wall along the in17resslaccess point. 3. There wig be no nuisance or serious hazard to vehicles or pedestrians. 4. The landscaping approved as €t part of tNs plan meets the requirements of Section 8A as amended by the Planni.tig Board, of the Forth Andover oning.Byluw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements and has been reviewed and approved by the Outside C onsultuig Enginecr, Vanmsc, Hangen Brustlin, It ; 6 The applicant has mat the requirements of the Town for Sitc Plmi Review as staled in Section 8.3 of the Zoning Bylaw; 7. Adequate and appropriate &ilities will be provided for the proper operation of the proposal use. The facility will be on town water al ad sewer•. ?Finally the Planning Board finds that this project generally complies with the Town of Forth ,Andover toning Bylaw requirements as fisted in Section 8,35 but requires, conditions its order to be f€ ily its compliance. The Planning Board hereby grants are approval to tl applicant pro v d the Following coraditiotis are noel: SPECIAL CONDITIONS:S: Friar to the endorsement of the planks by the Planning Board, the applicant niii t cqinply with the following eanditions- a) The final playa most be reviewed and approved by the DPW and tiv Town Plamier and subseciu, rnlly endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with tlo Town Clerk. b) A bond in the arnourtt of five thousand ( 5,0011) dollars must be posted liar the purpose of insuring that a fatal as-built plan showing the location of al! on-site 461ities, structure.% curb cuk, parking spa".-,, topography, and drainage facilities is submitted. The bond is also in platy to insure that the site is cornstructed in accordance with the approved plun. Thu- form of wcurity trust be acceptable to the Planning Departtncnt. c) The applicant must supply a copy of the approved Massachusetts I4ighway Dcpailmeut permits necessary for construction of the site to the Planiruig Department. . Prior tcl the start of construction: a) A cots€racoon schedule shall be submitted to the Planning Staff for the purpose of tracking the constructions and informing the public of anticipated activities on the site. b Ipuring construction, tho site must be kept clean and swept regularly. ;3. Prior to FORM U verification (Building Peirnit lssuanee); a) The Plannitig Board must endoj5e the finial site plan mylars aW three (3) copies of the signed plans niust be delivered to the Planning Department. b) One ceitifred copy of the recorded deQL ion must be submitted to the Plannhig Department. e) The applicant is required to pay sewer mitigation lees at the Department of Public Wotks, Prior of payment must be supplied to the Planning Department. 4, Prior tp vcrirication of the Certificate of Occupancy. a) The applicant must submit u letter from the awhitect and eer&ever of the ptxoject stating that tlw building, sigh, landscaping, lighting and site layout substantially comply with the plates refer ced at the e1A of this decision as endorsed by the Planrdng Board. ('he Plaiining Stab' shall approve all artificial lighting used to illuminate the site. All lighting shall have undt irgrowid wiring and shall be so arranged that all direct rays J�om such lighting falls entirely within the. site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The planning Staff shall review the site. An changes to t1le approved lighting plan as may be ii-,asonably required b the Planning Stall' shall be made at the owner's expense. All site lighting skull provide security for the site and structures however it inust. not create any glare or project any light onto adjacent residential properties. e) The applicant shalt adhere to the following i-equircrtierits of'the Narth Andover Fire Department and the NorthAixdover Building Department: I) All structures must contain a cormieroial fire sprinkler system. The coinmiercill fire sprinkler system crust be installed in accoidwice with refeveneed standard N PA 1 D and in with 780 C MR, Chapter 9 of'the Wssaohusetts State Build'uig Code. Certification lh3t the systems have beers bistallcd proptAy in accordance with the above rcfere-aced regulations must be provided 'orn both the NoAh Andover Fire Dcpatirnent and the North Andover.-Building Departpvnt to the applicant. The sapplicairt inuA uteri provide (his certification to the North Andover Planning Department. 5. Prior to the fin release of Neu t,rity: a) The Plums ig Staff shall -review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. Specifically afteor the detention pond is completed, the Town p1mier will ii-,view the site aa id any screeiling as my be reasonably required by the Town Planner will be added at the applicant's expense b) A filial as-built plan showing final topography, the locution of all ort- site utilities, structures, cub cuts, parking spaces acid drainage facilities must be subinitfeci tc> and reviewed by the Planning Staff and the Division o l' Public Works. Any st�ckpikuig of materials (dirt, wood, construction material, etc.) roust be shown-bn a plan and revic ed and approved by the Plaiming Staff, Airy approved piles must remain covered at all tunes to thin i e arty deist problems that tiiay occur with adjacent properties. Any stock piles to retrain for longer than one week it"t-be fenced off and co vered. 7. In an effort to reduce iiciise levels, the applicant shall keep in optiinirrri working order, thiough regular maintenance, any and all egtiipment that shall emanate sounds from tjie stnxtures or site. 3 8, 'Tire ilovirs for construction shall be limited to between 7-00 u.M, and 7:00 p.rxl. Monday through Friday and between. 8:00 a.ni. anal 5.00 p.m. on Sattirciay. 9. A.rny plants, trees or slu-ubs tbal have been incorporated iota the Lwidscape Plan approved in this decision that die wilbin one year lirom the date of planting shall be i plar:ed by the owner. 10. The contractor shall contact Dig Safe at least 72 fours prier W eormmn6lg any excavation.. 11. Gas, 'rglephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 12, No open burning shall be done except as is permitted during burning season under the Fire T)epartaient regulations. 13, No underground fiicl storage shall be i-nstallcd except a, may be: allowed by 'Town Regulations. 14. The provisions of this conditional approval shall apply to and he binding upon the applicant, its enTloyees. and all succes rs and assigns in interest or control. 15. ,Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as prmpted to the Plaming Board, may he subject to modification by tlxe Planning board. 16. Auy revisions shall he submitted to the Town Pimuier for review. If these revisiom are deemed substantial, the applicant roust submit revised plans to the Plawling Board for approval. 17. This Spccial Pemit approv;d shall b�-, deemed to have lapsed after ( (two yms from the date permit granted) aniess substantial use or construction has commenced. Substantial rise or construdion will 6e determined by a majority vote of the Planning Board. 18. The foliowhig inforniation shall be deemed part of the decision: Plain Titled:, Site & Utility Plan of Chao Restaurant Prepared for: Chai eliablaryarithi Prepared By: 'rhomas E. Neve Associates 447 Oki Boston Road—II.S. route 1 Topslicld, Massachusetts 01983 Scale: 1"=20' Bate: 7/15/00, revised 918I00, 115l00, 1 lll7/00, 01/03/01 1/17/01, 2/14/01, 3/12/01, 6/1 l01 Sheets: 1-4 4 Plan Titicd. Chao liver Restaurant Pi pared for, 'Chai Senabunyarithi, 1070 Osgood Street North Andover, Massachusetts Dated., 1 J24100 Scale: 43---1'-lyI Prepared By: Joel David Silerwatch, Architect AI 163 lain Street al--Yr4 NII 03079 l-eets: A-2 &. A-3 Report Titled: Hydrologic Amlysis Of Chao Pra a restaurant Prvared By- Thom es E. New ,Associates, Tllc. 447 Old Boston Road Topsfield, MA 01983 Date: June 2000, revised September 2000, revised April 2001 k cc: Applicant Enginou File 0 F .N 0 RT 11 A N P 0 VF.R 0 F T-10" ()I- TO M.,N N4 A NA G U.R 1)0 -N:T A 1 N S TR E E F �O R Toj R q jr "-D, qAY t A P LANN ING D Ej�iki I I N1 LN-f mr. Chu-3 Ya 1-11 h i 10W Osgood St. North Andover, M A 01845 16 May 2003 D-r,ar Mr- Yarithi, At I ached is I htc dd ai I i nVOice, whicl i bias b-mi outstanding sime J�s)itary 22, 2003 The i i i I a I I�i 6on Of the fire alarm box acid ion were part of t bce order of conditions front 11 to pla im i ng board and Kffe rtx1itired by I I ic North Andover F i Fe J)Cpa d fflerlt- If payinent of this invoico,is not received by May 30, 2003, 1 will ask 111at ihis maEtcr be pJaced bG19bFc 1he North Andover ]iMK;iHg board fb,L review. I would 15upo that this mustarding WT fivseTvice will be paid by May 30, 2003. Thalik you, William V- Dolan. I-11re Chief Co. Mark H- Rcaq, Town Manager- Robert N icetta, Bu i Iding Cof n m iss ionar Justin W ouds, Town Plan nel, upwo : 4OPTH ANDOVER FIRE DEW . 0:1 1 24 MAIN STHRW« NORW ANDAWPI KA 0380 '10 MA Yahthi 1WHi (Agood Meet NOL'th Andove-r. N)a 0184§ 'ru, ", ;5r Box unn, A A A INVOTC2 r"' du 1.(:t 1 -15 D3 8 m m »aw 124 00 15-03 4 L12- 00 15 0:3 4 112 . Of) MGM Trucl- 160 . 00 C..wirp 18 -W A I'll qD . 00 Dead an&, 19 . 80 Total D u e Iff zoo, DEThl k INVOICES ARE HUJ& 4ABD FAYABLE, UaON k *-,r..IAKE CHECKS PAYABLE TO THE TOws OR NORTA AN50VER"' Please yen"yn copy of i is invoice eI your cheer . fQ AcLailp arc bij Qd in tuuv i Ma-d 19 03 08 33a THOMRS NEVE RSSOO INC 9700973490 P, 1 Vq MAY 1' S 9 NORTH ANDOVE11 ING PLANNING DEPARTMENT Fax Cover Sheet To: *r, Page 1 of Fax #: ° - (2 . From Date: ff Re- Message- Note. If you did not receive the correct number of Rages,please call. �axcover,dac - ENGINEraRS LANDSURVEYQRS - LAND USE PLANNERS - 447 Old 94slon Road U.S. Route#1 Taps#ield, MA 01983 (978)687'8586 FAX 1978)987 480 Kai 19 03 08: 33a THOMAS NEYE ASSOC O INC 9780073490 p. 3 Ahachg at To Erustan.,c9rdrel Monitoring R=rt As mentioned in as a,kau from the Nortb Andover Conservation Commksion, a modification to the Order of Conditions was issued on January 6, 2003 far the cOnstruction of vers*ck walls in locations shown on a modifed site plan da€cd l 2i3010 . Prier to wall constructior4 it was req red that speeihc wall,details be mWitted to the iDnservadon Depwtment for review and approved. In a fax from'John orit'4 from our office, a detail of the versilock wvaN was included along with a sketch showing the locatkn of the proposed walls in the areas upslope of wetland flag N4 B and S 1, In order to stabilie the side slopes in the locations of the proposed walls I recommend the taUion of the wafts hnmecliately. By performing the ntcessmy work in the,ply spring the diawbed areas around she walls aarr be seeded early in die growing season. The following are recommendations based ou a site visit wnducred on April 233, 2003: Wetland lhg Series 1 — S5 * The haybales backed with filter l`ahric in Us section along the irate mittent strum channel are acceptable. • The haybales backed with l>lter ferric on the upland aide of the restoration area upsloW of the erosion control line along the wetland edge is in need of repair. I recommend removing the emisdAg Mybales and rep&jAg the At fence line. The side slope leading up to the parking lot should be re-graded, seeded with are erosion control seed mix,covered with hap and stabilized withiute netting, This repaiF is recommendcd from wetland flag S5 to the proposed versiloak wall near wetb d flag S 1. WCONd&9erie5 46 45 ■ Ttc silt face tine, with the exception of the area of ft proposed versdook wall, frrom wvedand flag N46—N45B is in need of repair. The material puddng clown t silt fence needs to lie pulled back. Once the debris is pulled back the silt fence nerds to be repaid or replaced. TIC side scope leading up to the parking bt should to€e- ded, seeded with an erosion-control seed nix, covered with hay and stabRbrd with jute nett. a Any hayba3es remain rag on the ups face of the sift fence lire front vVedand flag N458 to N45 need to be reniDved. The materW pushing down the sdt fence needs to be palled back. Ogee the debris is pulled back the sot hence needs to be repaired or replaced. The side slope leading up to the parking lot should be re- graded,seeded with an erosion control seed mix, covered wfth hay and stabilized with Me nett 4 t:tbmd tides NAI6- fA14 • All stone rip-rap needs to be mmovM fi=the wetland side of the erosion control line. The existing silt fetter'needs to be repaired or replaced. Once the silt fence May 19 03 08: 34a THOMAS NEVE ASSOC INC 9780873400 p. 4 is mired it should be supported wing cedar posts or an equivalent post capable- of supporting the silt fence untfl the slope is settled. 1�Vetla ) �lication A�e€ts a Invasive species are migrating into the wets replication areas. In order to comply with the wetklndrephcation methodology approved m thr,Order of Conditions I recor=wnd removing the invasive species i nwediate�y, Txwh aid eis • Where is trash scattered around the site In the wetlands and in the proposed restoration areas. I recvnExrr and removing any trash and debris from the weflal ds as well as tJte proposed restoratives areas irnrrrediateiy. Offset stakes renn:m throughout the site. I recoetutkead removing any o€fset stakes that are no longer needed as soon as possible. It is in ray profe�ior opinion that all ufthese€epaim are neccssary to continue to p3rotcct the resoanw areas encompassing this project. Please do not 1 itate to calf if you crave Emy questions about this inhrraatiom Sincerely, THOMA►S E- NEVE ASSOCIATES, INC. Greg Hochmuth Erosion:Control Monitor oRrrr Town of North Andover � Q fit}o 1i 'Y Office of the Conservation Department Community Development and Services Division { - 27 Cha rips Street ]uRe i'ruTMu orth ndover, IV4�issarhusetls(YIW5 Telephone (978) 688-9530 onscrvatioi} llctwiDititr;krw Fax (978)698-9542 June'1 , 2003 Chaff Senabunyarithi Chao Praya River 2,S, Broadway �a€em, NH 03079 E. DEP 242-103 ,1070 Osgood Street, t oAh Andover Dear Mr. Senabunyarithi: This is a follow-up letter to the Enforcement Order issued by the Conservation Commission on. May 8, 2003 {see attached) for violatiosw.s to the Order of Conditions. The En€orcenment Order required immediate con traction of the previously approved retain'ns w aff , replacement of erosia ft.eontrols.and ytnrnediate stabilization of the site. In addition, a fine in the amount of.$300 was be.i np, levied.from.the date of issuance until required activities corn Mew d DT�.-tOe. It is my nramtp�jin' ;.Chat work did not begin until aturda , May1. , 200 , Effo4o�re a fine in the amot;nt�f$240 'was accrued, which has not been paid to date. !Myself, Greg Hocbmuth of Devoe Associates, and Justin Woods, l ortb Andover Planning; Director, .met on site on June 16, 2003 to review the current conditions. We inspected the walls, the plantingsand overall stability of the site. Upon reviewv of the site, 1 concluded some additional work m ust be coed ucted in order to bri ng the site into futt comphance with the OrdeT of Conditions. The following additiona I miff ative measures must take place in ntediately: Deteriorated haybates must be removed on site especially to the vicinity of flags #51 through # , in the area of the swale; fill ntateri � deposited on top of the hay bales must be rem oved and slopes inust be graded property; All fi I I inaterial anal deteriorated hay baIes must~be removed at the base of the newly constructed retaining wall located adjacent 16the culvert at the site entrance; • Soil materiat that has been deposited or washed dowvn into the buffer zone restoration area upgradient flags i A7 and 1 Af must be removed and the area must be graded and seeded; BOARD i])YAPPE:AESG88-9541 BUILDINCT09H-9545 COdw4S�3t�'z�"I'JC.3?3fr7�R-$5�0 F1E;LiT�16kM;)54G F'L1+�EN[F�rii7�-953i Invasivie species growing in the rep Ii:caLion area should be carefully removed by hand and disposed of properly by a qualif f--d wie land spedabst; Required plantings should be installed on Lhe rip ht hard side of the entry nce off Osgood trcge4- the fill material in this area should be remove-d and the slope should be graded, foamed, seeded and planted; PI ease contact me to d isicuss the fine acid ongoing miUgaLion Meastjres. Your cooperation is anticipated by t.td partment. Since-rely, .. Julia P o, onse . anonAdminisirator cc: NACC Heidi G riff i n, Community Development 1)i roc tor eve ,Associates file Town of North Andover Office of the Conservation Department Community Develop teiit and Services Divisio t _ 7Charles 9ErCbc-E l��ffe P;a�-incr North Andowr, Massachust�tts 01945 TOi€-phone (978)68RA530 C ouservation Attniikti-lrjjtor Fax (978) 688-9512 May 8, 2003 Chai Sena bun arithi Chace Praya River 322 S. Broadway Salem, NH 0,1079 RF: Eir PORCC ]ENT ORDER. 42-1036, 1070 0,sgo od SWet, Nffi Andover Violation of the MassachuseM Welhind Protection Act (MGT, c.131 s.40) and Norti, Andover Wetland Protection BYLaw (c.178 of the Code of North Andover). Dear fr. Sxnabunyarithi: To date, Yaut-site is still in viola lion of the Order of C'ond itions issued an May 5, 2001. The site is comp letely unstable;is littered with trash, erosion con h-olshave fa fled and wail installation has not yet commenced. Verbal cotiversations with your engineer had led me to believe wall instal Iafion would begin on Tuesday of this week. 'Plus Department has been more than patient with the ongoing problems of your site. OR )ER: Acting as an Agent of the Commission u nder MGL CA0, S21 t) and the Act ( 10 C A/IR 10.08(3)), enclosed please find art Enforcement Order mandating ate jm media le construction of the retaining wal Is, stabilization of tlt� site, rep]acement of erosion controls and removal of liter on site. The Environmental Monitor must be. present on site during construction of the walls. The violahons as documented lie rein are subject to a $300 per day pen aIt I unh1 such time as the imp ct d resource areas have been mitipaled. Each clay or portion thereof during whkh this violation continues shall cons tituk, a separate offense. At this time the Department has eleclM to levy a Fine in the amount of$3 0 per day until the site is brought into compliance. We reserve the right to take additional such action in [lie future should this Enforcement Order not be complied with from the date of issuance, May 8, 2001 } hi accoT lmice with the provisions ()t A G1,c.40s.21D anfJ Suctio-a l78-10 of Lhkk N orLh Andover eLland Rrottction By1 aw(RE,V %fay 1993f REV ()cjoE)er 1998) F.it�:LRD[?F Ak}�'krt�5487�;J5lI ��If.t}9Nf�{gr�.9g+3 C=L)NSF:2L�-.1T€t}h�Co-R�=}sift II�;�.I.'�IIb83-4i?0 k'3.-I��fI�;G GS8-'�5�3 FaiIuW to comply w!th this Order and the dea dunes referenced Herein wild re,5ult i:x the issuMic(I of additional penalties. MCL .-131 S.41) and the North Andover W' tlancl Bylaw, C.178 authorizes the Conservation Coin mission to sc k injunctive relief alidE civil Penalties per day of violation. In addition, a violation of the Massachusetts Wetland Protection Act and the Forth Andover Wetland By]aw constituft-S a criminal act, wv icli is subi:act to prosecution and the imposition of criminal fines, also per day. 'Phis Enforcenie tit Ord er shall became effective upon receipt. Jf you have any questions, }Tease feel free to contact me. Sincerely, Ju rino, 'once valion Ad inistrator cc: ICC Heidi Griffin, Comm u n i ty Dc velopmoit Director leve Associates file Massachusetts Department of Environmental Protectiort Bureau of F oar e Protection - Wetlands aEP Fite Number, WPA Form 9A - Enforcement Order 242-1035 Massachusetts Wetlands Protection Act M- -I_- c- 131, §40 Provided t)y DE A. Violation Information Important: When fifling out This Enfwuement Order is issued by: forms on the Nntth Aradov8r 518l0 oornputar, use ---.... .. ...... only the tab Conservation Cammission(issuing Authoft Date key to rnove To: Your cursor- do not use the haiSenabunyarlthi_ return key. Name of viorator Chao Pray. River,t..'� Broadway, Salem, NH031}79 �` A[it3ress #, Location of Violation, SAME Property Owner(9 different) 1070 Osgnod Strut stfeet s North Andover 01845 :_ ................... .. . ......................_ CyJrown Zip Code 3 47 ---- .-........- .............---......--........... .....................--....... ..........................-.............-.. ---.._....-... . Asse&m%MapAPiat Nwnber PsrceVLot Plumber 2. Extern and Type cf Acl lvi#y: Unstable site; improperly graded slopes, failure to construct retaining walls. . .................... -- B. Findings The Issuing Aothodty has determined that the activity descfibed above is in violation of the Wedands Protarl ion Act (M-O-L G. 131, § 40) and its Regulations (310 CMR 10-00), because: i~J the activity has beerVis. being conducted without o valid Order of Conditions- the activity has beenlis being corxluded in violation of the Order of Conditions issued to: Chai Senabuyartbi 512-101 ................. .. .........--..................... . ... ... ........................ i aTbe Elated 242-1030 ..................... He Number otl[3113 number(5) -PQf<4an9a dcc eeay. 1211 SKY3 Page 1 of 3 --------- Massac#lusetts DePart anent of Environmental Protection Bureau of Resource Protection - Wetlands DEP Pile Number_. S PA Form A — Enforcement Order 24 -1036 Massachusetts V1W Hands Pratecton }dot M. -L. o- 13 1, §40 �► �eaby�i�� - D. APPeals1 ignatures En iron entarrit order Jss e t by a r-onservatrvn 0mmiissiar� cannol be app led to th Departim�r�t of Environmental Profectiorx, but may be bled in krperior 01jft. Questions regarding this Errf€)rcemen[ Order should be directed to: .Julie parrino, Conservation Administrator 978-588-9838 — — — — — 8: 0 Alin to 4,30 PM, Monday - i;ridgL — — — #�o�rsrDa�rsA+rsi�able Issuedy: North AndDver In a sitKilation regarding immediate aojon, an Entomement Order may be signed by a single Meimber or agent of the COIrnmissiOn and ratified by rrnaiori#y of the members at the next scheduled Meting of the Commission- lgrla#t, Slgrrahrr�of dellt�y p�rsan od ce�tofles!riraitn�rmber — - VrpaFp•ryj93.dx;•;�,. 4�11'iaGt7 PpiJe 3 4�8 Woods, J. Justin From: Greg Hochmuth [ eeg TomNeve.coin) Sent, 1 edFleWay, July 09, 2003 2.15 Phi To: Justin Woods Sub;eat: RE: Thai, 1070 0sgaod Street Thanks again for all of you help. Z sent a _fetter to Bill Vivestri today asking him to c€ utauL the land caper w have him inStdll Lhe two gr€?M ash trees. l sent a €opy Lo YOU and M iO dS well . Tf anything changei I will let you know. Thanks Greg Hochmuth -----Original. Metssage----- from: Justin Woods [ aiito:jwoocis@tGWROfnarthandover.c.om] Sent : - Wednesday, .July 09, 2003 : 16 RM To: 'Greg hochmuth' Stblect: RE: C:hai, 1070 Osgood Street The Board indicated its satisfaction with Lhe improvnments made on Me to elate. J . Justin. Woods Planning Director 'gown of North Andover Community Development Nvision 21 Charles 5trnnt [forth Pmdaver, MR 01845 ' (976) 688-9535 F (9 8) 688-9542 mailto:jwoods@townofnorLhandover.com htLp: 1/www.townofnorthandover.com/From. Greg llochmu th [mail to:Greg&DmNeve.cum] Seat: Tuesday, July 08, 20UJ 10: 29 AM To: Justin Woods Subject: RE: Cheri, 1070 Osgood Street That sounds great, Thanks for all of your help. Oreq. Prom: Justin Wood„ [�ztailto: jwood�@t.ownofr�€�rtl�aerdover.coml Sent : 'Tuesday, July 08, 2003 10:2a AM To: 'Greg Hachmut.h' subjecL: RE: Chai., 1070 Dsguod Street. '1'liis is my report to the board: On June 16, Ms. Par.r.ino and Y conducted a site inspection with Cyr€gig Hocltmut.h, the RnvironmenLal Monitor frnm Neve Associates. T informed Mr. Hochmuth that several items need to be addressed in order to be in compliance with thn special permit. Specifically, they rend to remove erosion controls in dreas that are stabilized, pick up trash :jai€i dobris, and additional plantings and seeding .A disturbed areas . We disc umned planting two ash tree„ near the entrance and noted that once the a5-built is complete and the site In in €:compliance with tho npoc:ial permit, the appli€dnL can aUempt to recover some of Lhe bond money being held for the project. F J. Jlfstin Woods Planning Director Town of MrLh Andover C:onnunity Development Division 27 Charles Street NorLh Andover, MA 01.815 P (970) 688-953a V (978) M-901 mailLo: jwoodsPtownotnor.thandnver.t.om htLp: //www.townofnorthandovnr.com/ -----Original Mesoage----- From: Greg Hochmuth Jmna l to;Greg@ToaNeve.c 0M3 sent: Tuesday, .July 01, 2003 10: 12 AM T : Jus Lin Woods Subject; RE:: Chai, 1010 05good Strnct my plan is to conta.ct. the landscaper, Joe Nassar and have him plant the additional plantings by the end of next week. If there are any additional plantings ML you would like to sne planted please fax me over a sketch showing where you want them and what you want planted. You have thc! au.thority to require additional plantings under tie special permit. Thanks Gzeg. -----Originai MSage----- From: Justin Woody imailto;jwo ds@townofnorLhandover'.com1 Sent; 'Tuesday+, July 08, 2003 9: 57 Am To: 'Greg Hochmuth' Subject : RE: Chat, 1070 Osgood street We will be able to manage without you . The site looks much better ! What K Lhe time fraiiie for the additionai plantings? J. Justin Woods Planning DlreuLor Tower of North A1 dGver coimaunity Development Division 27 Charles street North Andwvnr, MA 01845 P (9781 6BB-9535 r• {976} 6BB-9542 mailto:jwoodm@townofnorthandover.com http: //www.townofnorthdndover.com/ -----original message-- - Fromz Greg Hushmuth [rrrailto:Ureq{��omNeve.c€�If1 Sant. Tuesday, July 08, 2003 9:31 AM Tn; Justin Woods subject: RP: Glair 1.070 Osgood Street During our site walk with Julie you informed me that you would not require a representative to be presenL aL the meeting. Ff your are requiriag a rupres ntative to be present; you shouid contact Bill Silvestri. He is the contractor responsible for oveiseeinq the entire project or Chai Senabumnyar.i thi. himself. Thanks Greg Hochmuth Original Message----- Fr€rm: Justin Woody [mailLo: jwoods0townofnorthandover.€om] Sent: TneBday, July 08, 2003 9: 16 A14 To: 'Grey Hochamth' 2 Subject: RE: Cha.i., 1010 %good Street it was my under.,tand.ing that you were caming to Lhe meeting tonight. J. sus Lin Woods Planninq Director Towns of North Andovnr Community Deve.l_opment Division 27 Charies ;Ur€of North Andover, MA 01845 k' f 978) EIB-9542 grail to: j wocds@townofnurthandover.com htLp://www.townofnorthandover.com/ from: Greg Hochmuth [mailto:Greq@TomNeve,c-cm] Sent : Tuesday, July 08, 2003 6:39 AM To: Justin Woodo Subject ! RE: AS , 1070 Osgood Street Hi Justin, A.l.l of the required work for the planning board has been completed with the exception of some addition& plantings required tar conservation purposes. T have been on vacation for a week. 1 Galan on inspectinq the site today. if Lhere are any changes I will report theoe uhanges to you via e-mail later Luday. Are you rngniring a representative to be present at the meeting? If so we have Pot racnive=d any notification of this. Please advinn. Thanks Greg Hochmuth -----Original Message----- From: Justin Woods [mailto:jwuods0townotna.rt.handover. .€:€ m] Sent: ?Wednesday, July 02, 2003 12: 17 PM To: 'Greq Hochmuth r Subject : RE: Chat 1070 Osgood Street Greq, What is the status of the work outlined below? Ts everything, will everything be, inciuding the additional plantings we di.scumsed on June 16, c.ompleLed prior to the Planning Board meetinq on July 8? You will be near the beginninq of the agenda. Thanks, jw. J. Justin Woods Planning Director Town of NOYLh Andover C:ommuISity Development Division 27 Charles Street North Andover, MA 010% €� {97D} L88-9535 F' (978) 638-954Z maili_o: jwoodsOtownofno.r.t.handover.€ out hLtp://www. townofnorthaDdover.com/ -- - Original Message----- YEW; Greg Hochmuth �mai..l.to:Gr.agL�` c�steNeve.00m] Sent: Tuesday, June 1V, 003 6: 53 AM Tu: Jwuods0townofnorthandover.rom 3 :ii1hjoct: Chai, 1070 Osgood Street T spoke to bill Silvestri last night regarding issues discussed during our site inspection. T inf.o3riaed Bill that oevnral items need to be addressed before we can conduct an as-built of the Ot€t. I explained to trim that in order Lo be in c[mtpl i.anc o with the special l permit and order of conditions from conservation Anse Uemw need to be fixed. We set up a tnntative slate fear Monday .dune 23, 2003 to perform work disonsse:d aL our olte walk. We will be removing ero,&on controls in areaa that are stabilized, picking up trash and debrO, planting additional plantings as discussed and seeding all disturbed areas. wa will also be regarding a couple of areas = well as supporting silt fence line at the toe of the 1: 1 rip rap slopes. T will follow asp with you and Julie once all of the work is complete. Our goal is to brine the site into compliance as soon: as possible in order to conduct ail as--builL of the site. once the as-built is comp.lcte and Lhe site is in cccapliatice with the ;pcoial permiL and order of conditions we will 5uhmi.t all necessary information and atteirpt to recover same of the bond money h€ping held for the project. Thank you for coming to the siLe inspection yenLerday. If you need any additional information p.leaae do not he,sito n to call car e-mail our office. Thanks Greg Hochmuth 4 ,"ni m f jNmA - ASSO .SLATES, IN.C. July 9, 20[13 RECEIVED r. William Silvestri AL 1 0 2003 4 Stiles Toad, Suit 101 � QRTH uvnofESalea , II 03079 Mo i .ANN11 Dear Bill: All of the work that Julie Parruto, ( AC:C), and Justilli Woods, (NAPR), wanted done has been completed with the exception of the pls11tnag oftwo 3" Caliper Green Ash Trees, I have enclosed a copy of a letter and plan elated July 12, 2002 to .lictlie Parrhic from our office. that describes some rrtodifications that the i A C approved. When. we proposed to move the existing electric bole a r ture Green &b tree had to be cut. To ml[]gate fog• the loss of the nature tree the conservation commissia11 required the installation of two l" caliper [seen Asia trees as shown carp the attached plan. Please contact Joy: l asses- and have hhn plant the two tees 41 the areas shciwri on the attached plan. Also I have noticed during my inspection of the site that several of the shrubs planned on site are in need of a watering schedule and are being pushed over by automobiles. It is i nperativc at this point of theas-built proc: -ss that the shrubs remain he�dthy to insure their survival. If you have any questions regarding this lnfornmtlon please do not hesitate to calf. Sincerely, TII0MAS F.. NFVE ,A.SS0CIATES, INC'.. Greg Hochmuth l~nviroiu-nental Planner Aiia�hrr,era€s GC: C:hai Senabunyarithi Julie Parriiio ,'Jus6l Woods ENGINEERS LANE] SURVEYORS LAND USE PLA Nf RS 47 Old E3of:lori Ifiaad U.S- Rcl;jle #k1 Topsaie€d, t.4A 08 (978) 83 37-85BG FAX (976) 887-1;k1'j a OAT , K�=�N)T SOCIATES, LN-C. July 12, 200 Is. Julie Par ino Conservation coinmission 27 Charles Street North Andover, MA 01845 e: 1070 Osgood Street rner/AppEcant: Chal Scnabunyarithi DI.P Pile No, 2 42-I03 Dear Julie. Pars a t to the onservattcn CommissiOn Ineeting held on Wff, uesday, Jaly 10, 2002, please find enclosed a stamped plan showing the pmposed modifications as outltrted in our June 28, 2002 correspondence to the Commission, This plan also shows p€anfing specifications for two 9€e n ash trees propoml to mitigate for the relocation of the electric pole, Once I receive the final stamped dcsign plans for the proposed T-wall re#air rng wall systet� I will forward a copy to your office, I shall also submit a IeEter �rnm GUT office verifying that the wall design complies wit[a the iritert of the original prvpascd concrete retaining wall. On behalf of my client and myself i would like to thane you and the Commission for your assistance srE Elms matter_ i ENCfNEEF S LAND SURVEYORS LAND USE PLANNE;9S 447 OCd 84Skon Road (978)887-8586 U.S- Rou�e 91 bp5field, MA 0 G983 FAX (978) 887-3"o M5, Jufit� Parrino PAY 12, 2002 Pacc ? If you have any qu'2 t�Gos please do not hesitate to contact a,e, Scerely, E. NEVE ASSOCIATES,INC. ,Ohrl M. foriu, PE Executive vice president Mkrmn Enclosure cc: Chai Senabunyaitfji Sylvestri Corp0ra60u Ftank DeLaja & Sons 1ne. 7 161naCc.doc x - r r \19.1t f# f n 1 t4 : Nor Andover{ Mass. do if ♦ .0 i! 1 od ioo ionsProposed do x I d s ilitieUts PJ fIS 1070 Osgood Street ! ` Prepared For do 4+ /dIr 1" = 0' Date: duly 12, 2002 ' - a `. R. 1A Co SiCALT At A � Y,* 4 14,OF q ,OHN M. � MORIN CIVIL NO,nwd —r /t F .Y£ rw'3Alrt 71 If*f*'0' Pt Cry S • ls�E t-r Ir-7 5, 3s=}lk•Jr�; n,R Tbomas E. Neva associates, Inc. c.0 s-r R� -r Ej> r F-A;; . *A A Engineers Lund Use F'l nners r-1 }r-4 5, LL- L�S SL-1 44 .old Ooslon Read -- U.S. Rouh�6 1 >i `r x T Topsfiefd, Massachusetts 01983 88 —658,.