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Home My WebLink AboutCorrespondence - 1077 OSGOOD STREET 10/20/1987 Y ,., Lt 91te 4mmonweali(lz ol4a" u4e& (JxGCCGG62�G' (/ C�' 4/69tvbvvn 72'"1,44 e.XJGF6,4 a I � J� L��, /66 p� /GGLGLiJG�i1�GLUJP.LG.'1 e MICHAEL S. DUKAKIS hl GOVERNOR l JAMES S. HOYTE - SECRETARY October 20, 1987 u � L it CERTIFICATE OF THE SECRETARY OF ENVIRONMENTAL AFFAIRS ON THE DRAFT ENVIRONMENTAL IMPACT REPORT PROJECT NAME : Butcher Boy Mall PROJECT LOCATION : North Andover EOEA NUMBER : 8449 PROJECT PROPONENT : Angus Realty Trust DATE NOTICED IN MONITOR : September 11 , 1987 The Secretary of Environmental Affairs herein issues a statement that the Draft Environmental Impact Report submitted on the above project does not adaquately and properly comply with the Massachusetts Environmental Policy Act (G.L. , c.30, s.61-62H) and with its implementing regulations (301 CMR 11 .00) . The DEIR was expected to focus on traffic related impacts of the project. In my review of the Draft, I found that it consists primarily of previous MEPA correspondence, decisions of local boards and a "traffic study" that consists of a two page letter and some work sheets. The "Impact Report" did not follow MEPA Regulations at 301 CMR 11 .07, as directed in my Certificate on the ENF, for outline and content . Further, I did not reach at all close to the quality standard expected of Environmental Impact Reports. The DEIR did not address the entire study area as directed in the ENF Certificate. It failed to analyze Clark Street and Sutton Street . The DEIR did not discuss the methodology used for determining the level of service or trip distribution assumptions, it is unclear how the counts were obtained as well p ticn , as how future year volumes were estimated and the DEIR did not adaquately describe the existing geometric conditions. Base traffic data are seriously lacking. EOEA #6449 DEIR Certificate October 20, 1987 In summary, the DEIR failed to present an adaquate picture of today's conditions or an acceptable analysis of future conditions.. The DEIR should be resubmitted following extensive repreparation in .order that a proper review can take place. October 20, 1987 DATE ES S. , SECRETARY Comments Received Town of North Andover September 30, 1987 MDPW/District 5 October 9, 1987 JSH/JD/jd 2 M. Anthony Lally Associates Consulting Environmental Engineers M.Anthony Lally,P.E. 100 Belmont Street North Andover, Massachusetts 01845 Tel. (617) 688-1763 August 26, 1987 Secretary Executive Office of Environmental Affairs 100 Cambridge Street 20th Floor Boston, MA 02202 Attn: MEPA Unit Re: Environmental Impact Report Butcher Boy Mall 1077 Osgood Street North Andover , MA Gentlemen: Enclosed for processing is the Environmental Impact Report for the proposed Butcher Boy Mall to be located on Osgood Street, North Andover, MA. This report has been prepared in accordance with the Certificate of the Secretary of Environmental Affairs dated March 11, 1987, and the indicated Scope of Work. If you have any questions or desire additional information regarding this matter, please do not hesitate to contact this office. Very truly yours, M. ANTHONY LALLY ASSOCIATES M. Anthony Lai y, P.E. MAL/jk Enclosures cc: Angus Realty Corp. Water 0 Wastewater • Solid Waste • Site Development Secretary Executive Office of Environmental Affairs August 26, 1987 Page Two cc: Department of Environmental Quality Engineering One Winter Street Boston, MA 02108 Department of Environmental Quality Engineering Metropolitan Boston Northeast Region 5 Commonwealth Avenue Woburn, MA 01801 Commonwealth of Massachusetts Massachusetts Historical Commission 80 Boylston Street Boston, MA 02116 Merrimack Valley Planning Commission 350 Main Street Haverhill, MA 01830 Metropolitan District Commission Environmental Planning Office 20 Somerset Street Boston, MA 02108 Department of Environmental Management Bureau of Solid Waste Disposal Room 1905 100 Cambridge Street Boston, MA 02202 North Andover Planning Board Town Hall , 120 Main Street North Andover , MA 01845 North Andover Conservation Commission Town Hall , 120 Main Street North Andover, MA 01845 Department of Public Works 100 Nashua Street Boston, MA 02114 o�NoAth, • ti r I� OFFICES OF: o?' owri of 120 Main Streel AI I PALS North Andover, ,.F ' NORTH .ANDOVER BUILDING ;,'•:;;,:F',9` M<ts5 tchusells 01£34 CONSERVATION o "° DIVISION O1-" (6 17)G85-4775 F',ALTH I .NNING PLANNING & COMMUNITY DEVELOPMENT KAIIEN I I.P. NELSON, DIIIF-C-1.011 September 28 , 1987 Jollene Dubner Executive Office of Environmental Affairs 100 Cambridge Street Boston, MA 02202 RE: EOEA No. 6449 draft, Butcher Boy Mall Dear Ms. Dubner : I Have reviewed the above cited application and have the following concerns; (1) Please require the centerlines of Clark Street and the new access drive to the mall to line up, thus creating a 4 way intersection. The 120' seperation between Clark Street and the drive is not sufficent to provide safe turning movements . In addition the queue space for cars waiting to make a left turn into the mall , will block northbound traffic at- tempting to make a left turn onto Clark Street. (2) Please require acceleration lanes for the access drive into the mall. By moving the access further north as requested above , would allow the decelerat- ion lane to be placed away from merging traffic or- iginating from Great Pond Road. (3) Please require a larger access drive into the mall to allow easy access for trucks serving the mall. A larger driveway would also allow people leaving the mall to queue up to make both left and right turns onto Route 125 . The existing 22' wide drive will not allow cars to make easy turns. This project will place additional traffic on a roadway already experiencing heavy peak traffic volumes. I be- lieve the plan as shown presents some very real and significant public safety concerns and for that reason I have requested the town' s Fire and Police Departments to respond to this proposal. If you have any questions regarding this letter please feel free to call me. Sincerely , Scott A. Stocking , AICP n AM- WNW DISTRICT 15 OFFICE 485 MAPLE STREET, DANVERS 01923 PERMITS - NORTH ANDOVER December 31 , 1987 Thomas F. Caffrey Attorney at Law, P.C. P. 0. BOY 1317 300 Essex Street Lawrence, MA. 01842 Dear Mr. Caffrey: This is to acknowledge receipt of your letter on behalf of your client, ilr. Kenneth Yameen, and his intent to develop the property on Osgood Street, known as the Butcher Boy. The District was informed by the Executive Office of Environmental Affairs that your client had stated he would not complete the MEPA process. This was the basis of my letter of November 6, 1987. The change in the driveway location is being requested because of the prox- imity of Clark Road which was not taken into consideration in your client 's original submission. We look forward to your client 's cooperation in this matter. Very truly yours, �ose�i D Angelo, P.Y: C Acting District Highway Engineer FJH/M S CC: R H J A J D l of Non r,r N OFFICES OF: ;? TO NV I1 Of `)in Street APPEALS •; ,' O1�(l�tI�DOV1;1 N�irifa AnciuVer BUILDING +�,'•.;. °'• tvtE�ss�achusc lis 0181.r , { CONSERVATION se"°n"B`i DIVISION 01: (508)682-6483 HEAL"FH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN f I.I'. NELSON, I-APEC'I'0I1 December 19, 1988 Secretary Executive Office of Environmental Affairs 100 Cambridge Street - 20th Floor Boston, MA 02202 Re: Butcher- Boy-Malr - EOEA 116449 Attention: MEPA Unit Dear Secretary: The North Andover Conservation Commission (NACC) is in receipt of a Draft Environmental Impact Report on the above-referenced project. The Commission has reviewed this Draft EIR, and submits the following comments: 1 . A full Notice of Intent for this project must be submitted to the North Andover Conservation Commission under the provisions of the Wetlands Protection Act (M.G.L. c. 131 ,s.40) and the Town of North Andover Wetlands Protection Bylaw (c.3, s. 3.5 A&B) . 2. The Draft EIR indicates that stormwater runnoff from the site will be discharged directly to an existing wetland. The NACC will require con- struction of a detention/retention area outside of the wetland to protect it from pollutant and sediment loading. Runoff must also be routed away from Lake Cochichewick. 3. The Draft EIR indicates that 3400 square feet of wetlands on the site will be filled. The NACC will require that a carefully-prepared Wetland Replication plan be submitted with the Notice of Intent, for approval by the NACC. This Replication Plan should also include mitigation for the previously disturbed wetland area. Sincerely, NORTH ANI)OVER CONSERVATION COMMISSION Irene R. Mackun Administrator IRM/mlb April 15 , 1988 Scott A. Stocking, AICP Town Planner North Andover Planning Board 120 Main Street North Andover, MA 01845 In Re: Butcher Boy Site plan Dear Scott: 'i I wish to clarify one area of concern that arose just at the end of the Site Plan Review meeting on April 14 , 1988 . The plan provided at that meeting reflected a small change to the retaining wall which we then believed was mandated by the Massachusetts DPW position on the location r and design of the site access . However, we have just had confirmed that the final position of the Massachusetts DPW on the site access permits the retaining wall to remain unchanged from its original location. Early next week we shall provide the access plan the Massachusetts DPW has approved . Thus we request the Planning Board ' s decision be based, as to the retaining wall question, on the premise that the wall ' s location is not changed from its original location as previously submitted to the Planning Board. We thank you for your cooperation and courtesies throughout this long hearing process. Very truly yours, Thomas F. Caffrey TFC:ce s *�• CC: Maclaren Associates Mr. Kenneth W. Yameen of NoR rH / OFFICES OF: ?' ° Towns of 120 Main Street APPEALS North Andover, NORTH ANDOVER BUILDING 9 Massachusetts O 1845 Ac Hu DIVISION OF CONSERVATION (6 17)(385-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR November 29, 1988 Secretary Executive Office of Environmental Affairs 20th Floor 100 Cambridge Street Boston, MA 02202 Atten: MEPA Units Re : Draft EIR - Butcher Boy Mall EOEA# 6449 1 Dear Sirs: Please send my office a copy of the above cited EIR for my review. The Town is very interested in the above cited project, and we would like to make comments to your agency in a timely fashion. Thank you for your time and effort in this matter and we look forward to receiving a copy of the EIR in the near future. Sincerely, Scott A. Stocking AICP Town Planner / jle OFFICES OF: Town of 120 NI"011 St'lect APPEALS A, North Ai NTH ANVE BUILDING IM i ISSi I('I I t I s('l I S O 1845 CONSERVATION 1)1\1"1,'-;I()N OF (6 17)G85-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN 11.11. NELSON, January 6 , 1989 Ms Jollene Dubner MEPA Unit Executive Office of Environmental Affairs 100 Cambridge Street, 20th Floor Boston, MA 02202 Re : Butcher Boy qAj - No . 6449 Dear Jollene : Please be advised that I received the above cited draft EIR on January 6 , 1989 and I find that the plan has changed once again since the Planning Board denied the site plan on May 4, 1988. The changes to the plan relate mainly to the design of the curbcuts along Route 125 . The Plan as designed would not be accepted by me under any circumstances , and while I cannot speak for the Planning Board, the Board believed the last revision seen for the driveways to this site worked. ( See attached ) . I have no idea why the applicant has again seen fit to change the site plan without any review by the Town. The Planning Board and the owner are currently in the middle of a law suit over the Boards denial of the site plan . ( See attached) . Also be advised that the Town wants to work closely with the state during the 14EPA Review since the site is located within the watershed of Lake Cochichewick. This was not possible in this round since we did not receive the plan until January 6 , 1989 . Thank you for your time and effort in this matter. S i n c e r e 1,y� --Scott A. Stocking, A P Town Planner /ile MUM MH TOWN OF NORTH ANDOVER RECEIVED M ASS AC11 USI. TTS DANIELL.ON NORTH ANDOVER 1"° MAY q 4 29 '68 � p Any appeal shall S�C�NSI be filed `��se::;:.•'�,5 within(20) aye after the date filing this Notice NOTICE O F DECISION in the Office the`town s r May 4, 1988 Date. . . . . . . . . . . . . . . . . . . . . . . . April 21, 1988 Date of Hearing . . . . . . Corp.Angus Realty Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . Rt. 125 and Great Pond Road Zoned GB and B-2 Premisesaffected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements Section 8.3 of the North Andover Zoning Bylaw ofthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . . cons io tructn, of,a, 65'861 .square foot. commercial.structure . . . .s�?d. eleated improvements: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted to , denY, . . , . . , , . , .the . , site• plan, review•application • r based upon the following conditions 1 Signed Paul Hedstrom, Chairman . . • . . . . . . . . . . . . . . . . . . . . . . . • . . • . . John Simons . . . . . . . . . . . . . . Erich Nitzsche • Mike Leary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i / c1�> t [.. /i sy i^ ,�,..-� t-rc � 'l r t pia S r ` r..; D.t- (•�. _ r'a'h .r'� 'r'�I; 1,7..., l:' / -��" t y.: • r C tip 1.., 7y Rr Y '' r. 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S , v 1.� < � �'s,�'V'a 5�.pry .k S}1 e k:,. „yr' - {r ,Y'.�y.� 4� 4rti(� R 7^A'1, h`y�� rC F J ` 4 t'i.V G. k,Q - r.' .�.;`y L a.-,{', at t •.,� , ayt, .k. r��r l.t J fwd i h s Yc i"}t"..»F 1' �,t_ y �f r r'1 { ; y ,\r, 'at s ',+t t• .`11;3 r'f. '..r . ;�4t A r� �.1 rt.' :, "� {is ''.`7) , S: u...+.. a f •1 r ' .` } S Je. ,'`� `7°ff. '.t4d 57"#w e." t� YRir ,.i, ?fl'`i f.frn:��t .�X"1 ' ,Y.'� , �'14 1•YT F:.. Y .�,[1. At 1 t f}y it 1{? ! 1� :Z � '1! _� �i�' ,J r I �,o`'l '� t tl�,• t� f ssyy..t a r ff 11 1 i •..,, i. .1 y: r?4y. Srt + s {_ '�, � Y t +{}rTj rr7,'� xq yt y, } 5.( -;L .l•. 1{ F,a, t .,S f Yr iY'a''.�, t +�{�.,�'�4��"^. , .r fa,§E r y' s,.i�fr".�` �i.�"1 rt r"A:'z"!"� � V� If1'�; f5� t •f�1 `7' y ! W b h'xu F,�4a /� �. r y 1 • �y��\ - � 4` T�s i, � ,t,�riJ Irla{y'N .4y + 1 " v , � pr FT,t1' ,!'t✓e t$ f r}id , 15a11., 0 d�j!t— U �s F S 4I J✓t 1 :',, oy=y{ l �j' f ry .o�)bJ•��!Z r L nSy l A r d J N kM�a 5,( r s ,ra R r 4 • Fq R, 3f ✓�'��; R.� �' ii .'�i K�aj � t 35 Ih THE COMMONWEALTH OF MASSACHUSETTS _ EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS MICHAEL S. DUKAKIS GOVERNOR February 2 , 1989 JOHN DEVILLARS SECRETARY CERTIFICATE OF THE SECRETARY OF ENVIRONMENTAL AFFAIRS ON THE SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT REPORT PROJECT NAME : Butcher Boy Mall PROJECT LOCATION North Andover EOEA NUMBER 6449 PROJECT PROPONENT : Angus Realty Trust DATE NOTICED IN MONITOR November 29 , 1988 The Secretary of Environmental Affairs herein issues a statement that the Draft `Environmental Impact Report submitted on the above project adequately and properly complies with the Massachusetts Environmental Policy Act (G . L. , c . 30 , s . 61-62H) and with its implementing regulations ( 301 CMR 11 . 00) . Although this Supplemental Draft EIR is an improvement over the original filing, it is only marginally adequate . I will allow the project to go to Final EIR. However, I do so with caution to the proponent . The Supplemental Draft EIR did contain adequate information on existing conditions . There are still a number of outstanding issues, as listed below, to be resolved. The trip generation was based on ITE's third edition of the Trip Generation Manual . The trips must be based on ITE`s September 1987 Fourth Edition of the Trip Generation Manual . The trip generation and subsequent level of service ( LOS) analysis must be recalculated. Trip distribution is not adequately discussed. Trip assignment must be shown on a map and a table . All assumptions for retail and office trips must be clarified. Trip rakes and land use codes must be shown. Pear hour and average daily trips must be shown. 100 CAMBRIDGE STREET, BOSTON. MA 02202 16171 727-9800 EOEA #6449 DEIR Certificate Febrilary 2 , 1989 How was ADT on the roadways estimated? Are there seasonal variations? I note that mechanical counts werF�, taken for only a 24 hour period in July, 198? . When were these counts taken? Is a one day period representative? Are there any MDPW or other counts available for comparison? The 1988 and 1992 counts were "factored" . What is the basis and justification for these adjustments? Exactly what adjustment factors were applied? The Supplemental Draft EIR notes a Bayfield development to the west of Osgood Street with access opposite Great Pond Road. What is this development? How many trips will be generated? It is unclear how the impact of this project was factored into the Supplemental Draft EIR. The Supplemental Draft EIR does not specify whether HCM 1985 or another method was used to evaluate the Level Of Service (LOS) . The recent policy of EOEA and EOTC specifies the use of HCM 1985 and the "Cinch" model for such analysis . In terms of trip generation, I note that the existing meat market is 6 , 000 s . f . and the proposed meat market is 17 ,027 s . f . . How were the trips for "meat market" calculated? Finally, I am not convinced that the access plan for the project is the best plan available . I am concerned about the location of the primary access in relation to the signalized intersection at Great Pond Road. What alternatives exist for moving the primary access north toward Clark Street? Finally, in terms of wetlands issues , it is unclear what is being filled for the project and for what purpose . What is the so-called "previously disturbed area"? Is there an order of conditions for the previously disturbed area? In closing, the traffic study in the Supplemental Draft EIR was only marginally adequate . I will not find the Final EIR adequate unless the above issues are appropriately resolved. I would direct the proponent and his consultants to the October 7 , 1988 "EIR/EIS Guidelines for reference" . When the Final EIR is complete, it should be circulated to thos who received copies of the Draft EIR and authors of the attached comments . February 2 , 1989 - DATE -- - JOHN DeVILLARS , SECRETARY JD/JD/ble 2 EOEA #6449 DEIR Certificate February 2 1989 Comments Received: 12/30/88 EOTC 1/6 & 1/13/89 North Andover Planning & Community Devel . TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET. 01845 PAUL S. NIMAN TELEPHONE 657-7964 DIRECTOR ,ORTk m p October 11, 1989 SACHUS r I Mr. Thomas F. Caffrey P.O. Box 1317 300 Essex Street Lawrence, MA 01842 Re: Development - Butcher Boy Dear Mr. Caffrey: Enclosed is a form signed by me as Director of the Division of Public Works urging the Department of Environmental Protection to expedite its review of the request for a Superseding Order filed July 21, 1989. I have signed this form with the understanding and agreement that your client, Angus Realty Corpation, will be responsible for constructing both the area-wide public sewer and the drainage system before occupancy permits are issued. Very truly yours, Paul S. Niman, Director Division of Public Works PSN:lb Enclosure cc: Karen H. P. Nelson Richard Ducette In Re: DEP File No. 242-504 Butcher Boy Mall To Whom It May Concern: The undersigned official( s) in the Town of North Andover hereby urge the Department of Environmental Protection to expedite its review of the pending Request for Superseding Order ( filed July 31 , 1989 ) for the following reasons: 1 . The earliest possible construction of the area-wide sewer linked to this project is important to protect the quality of the Town' s water supply, Lake Cochichewick. 2 . The earliest possible construction of a drainage system at the site, to re-direct storm run-off away from the Lake, is important to protect the quality of the Town' s water supply. 0,(_t'k,4_ Iti I g V I A_J J Date Paul S. Niman, Director of Division of Public Works Town of North Andover Date Date TOW, JE~ NORTH ANDOVER, MASSACHL_ ETTS 0 OFFICE OF TOWN MANAGER 120 MAIN STREET, 01845 TELEPHONE 6B2-6483 u � SAC HL15E� October 19, 1989 Edward Kunce, Regional Director Commonwealth of Massachusetts Department of Environmental Protection Northeast Region 5A Commonwealth Avenue Woburn, Massachusetts 01801 Rea DEP File No. 242-504 REQUEST TO EXPEDITE REVIEW (UNDER DEP MEMORANDUM DATED DECEMBER 81 19870, FROM GARY CLAYTON, DIVISION DIRECTOR) of the Request for a Superseding Order dated July 31, 1989° filed by Frank J. Ragonese Dear Mr. Kunce: I am writing this letter on behalf of Angus Realty Corporation in support of their request to expedite the Department of Environmental Protection's review of the above- referenced matter. I urge your early review in this instance for the following reasons: 1. The earliest possible construction of the area-wide sewer linked to this project is important to protect the quality of the Town ' s water supply, Lake Cochichewick. 2 . The earliest possible construction of a drainage system at the site, to re-direct storm run-off away from the Lake, is important to protect the quality of the Town' s water supply. Very truly yours, mes P. Gordon JPG/]car Town Manager cc: Karen H. P. Nelson Atty Thomas F. Caffrey FEB-0,8-2006(WED) 12: 04 Butcher Boy (FAX)9786855640 P. 0021012 Rx Uate/Time FED-07-2005(TUE) 11 ! 19 19704437973 P. 001 Dix son-6 by ! 0784437873 CAVANAUGH TOCCI OZ-07-06 11:31 Pg: 1111 CAVANAUGH TOW ASSOCIATES, INCQRPORATEE) 327 F BOSTON POST ROAD,SUDBURY,MA 01 776.3Q7 - TP-1-1 (979)443.7871 a FAX- (97a)443-7873 - E-MAIL; sENWAND SrAFFMSULTANTS SENIOR PRINCIPALS ANDAWC&AAMHUNU wwAm1XAVANAUGKFAL4Jme(ffifi XPHNT.WULUS GREGM r-TCXCJ,F&MA MIONr 8WNrJLWMNG smANLM'40 PRINCIPALS MIC"C'Mysw DOUGW K BELL C�ISTMEA&MOK" UNGQvd'KAAy 3105EMARYSU MOM ISOOKKK Ak%)WE�"C&t K ANT14ONT W)OVEFL FAS&ff<&6d,C-- AtMAIMMIM MATMEWIMODRE M DONNALRAFLIS MAR.ql7N(;MANACER PATFUL1A A.CASASANTO ASXWTED CONSULTANTS Mr ART MOM WE February 6,2006 1 MVART RANMIJ�M Ken Yptneen B oy Market 077 2)od Stroot U'Ctg 49M Andover,MA 01S45 Fax-. 978-685-5640 Subject, Refrigeration Truck Noise D=Ken, We underm&A that a neighbor has complained of nqise from two refrigeration trucks,"typically called roofers",which=located in the rear parking lot of the Butcher Boy Plaza- As requested,we visited the site for Measurements and observations of existing conditions 011 January 20,2006. Note that the weather was clear and unseasonably warm during Our visit. It is our experience that locating such reefers in the back of grocery stores is common practice. We were unable to observe anything unusuhl ift this regard,other than an extremely Well built and designed barrier system,which we uftddtgtmd was erected axed installed in response to noise complaiiats. It should also be noted that the Manufacturers of these reefers have been contacted in order to inquire whether there may be additional noise control options,but we understand that there are no such additional noise control options. Fuithermare,a portion of tlie generated noise rucks,so that the energy is transmitted as vibrations directly into the Arad=Of the attRch9d t t sw1hees of the tracks typically radiate a certain amount of the overall sound,which is very difficult to fiuther attenuate. Figure I is a Schematic partial site plan,showing the following: • The Ratcher Boy Building The two reefers,with an acoustical entl6suft The gonerg location of the noighbori-rig residence mEMBER FIRM,NATIONAL coUNCIL OF ACOUSTICAL CONSULTANTS FEB-08-2006(WED) 12; Od Butcher Boy (FRX)97868556d0 P. 003r012 Px Date/Time FEB-0T-2006(TUE) 11; 19 197BA437873 P. 002 Fax Cant bg : 1970443703 GAvANAUGH TOM 1)3-07-Q6 11:31 Pg: 2/11 Ken Yameen Page 2 Refrigeration Truck Noise • A line of trees,which visually obscures the r&fee ttucks and Butcher 13oy building from the neighboring residence. Note that such foliage does not add any noise attenuation. The four primary noise weasurement locations,which wero chosen for reasons discussed below. Fig=2 is a reproduction of a photograph shavving the refrigeration utli%,which Are attached to the truck housing. Note that this photo also shows interior sarfaces of the acoustical enclosure, including the roof and the back wall. It is these ro igmtion units which generate the reefer noise. Figure 3 shows the acoustical enclosure from the rear. Although the overall photo is stitched from two separate photos,it should be clear that this acotutical enclosure Wu Of very high quality,consisting of exterior plywood(beyond which further sound attenuation would not be possible)and enclosing all of the lines-of-sight(and extending that enclosure beyond ftes-of sight)around the primary noise sources,and including a roo£ Notc that this vnclosu r?must allow significant quantities of air to the refrigeration units,in cr&t to maintain proper operstdon, but the opening is on the side away from the neighboring residents. Figure 4 shows our sound level meter mounted on a tripod at Location 1,and also shows the closer reefer and the acoustical enclosure in the distance. Note that the Poland Springs truck was not present during any of our measurements. At Location 1,our microphone Ims a direct line-gf- sigbt t4 the reefers and the enclosure. The framing for trays does not represent a signif rat am icai attenuator. Figure S shows the acoustical enclosure from the front(open)side,and shows our sound level teeter on a tripod at Location 3. As will be discussed later,Location 4 was at a corresponding location behind the enclosure,held by beard as high as possible,in order to maintain tssentially a .mirror image location at the rear of the toelosure. Figure 6 shows the measured sound levels at Locations 3 and d,which help to damonstratt thO off'octiv=c8a of the well-built acoustical eaclasuxe. The diJT once in overall sound levels betwom the open side and the closed side is 12 dEA,which is approaching the Emit of overall sound attenuation that could be expected from such an enclosure. Figure 7 shows xnamured sound levels at Location 1, In all cases,we only measured sound when obvious intermittent noise events wort not occurring,such as loud truck passbys on the nearby highway,which would greatly inercase these noise lovols. Salient features are as follows: • With the reefers off,measured sound levels were 49 dBA, In other words,background sound levels,between obvious intermittent noise events,was 49 dBA, With the closer reefer only operating,noise levels increased to 53 dBA_ o With both reefm on, overall noise levels increased to 56 dBA, FEB-08-2006(WED) 12;05 Butcher Boy (FAX)9786855640 P. 00d/012 Rx Date/Time FEE-07-2006(TUF) W19 19789437873 P. 003 Fax sent 1,y 19784437873 GAVANAM TOM 82-07-06 11:32 Pg: 3/11 Ken Yameen Page 3 Refrigeration Truck Noise Figure S shows measured sound levels with Both reefers on at Location 1,and at a more remote Location 2. Noise propa$Ating from a Complex ov=ali Structure,such as two recfccs with acoustical enclosure,with reefer housing radiating sumo re$idual sound energy,has a faixly . complicated propagation structure. However,in this aaSe,our measurements indicate that although there are some variations in particular details of sound propagation,the sound levels moss the property line,between the Butcher Hoy building and the neighboring residents,are rather consistent. One subtle variation was observed at Location 2,wbere we could faintly de-mrt what appeared to be a slight reflection of roefef sound from the backside of the building,because of the open side of the acoustical enclosure. Outdoor noise control involves only the three following possibilities: t Quiet the sound source. However,as we have boon informed by the reefer manufaebiw, farther noise control of the source is not possible. • Greatly increasing distances. For reference,each doubling of distance for a simple sound source would be expected to result in a roughly 6 decibel drop.However,doubling the distance to the neighboring residents which would be impractical for a variety of reasons, and the dual-reefer sound source has complitations that would minimize the benefits of relogation• • Acoustical barrier or enclosure. The existing acoustical enclosure is very well built,and has been tested to provide nearly the maximUM amount of barrier sound attenuldon. We note that it may be possible to provide some small reduction in sound reflected from the Butcher Boy building,by adding some sQM41 absorptive materials to tho inside of the enclosure,such as would bo provided by glass fiber insulation(which mutt itl turn be provided with some weathetproofing or protection fxom weather and distress). Note that this added sound absorption would not provide a significant reduction in overall noise transmitted to the neighboring residence,but may have some%p2jl or faintly audiblo affect on the"timbre". in glary,the noise from the existing reefer and acoustical enclosure is vimsally as quiet as equld be Expected. Significant furiher noise control tbay not be pq$&ible. plew do not hesitate to contact us for additional assistance. Sinc�rely, CAVANAUGH TOM ASSOCIATES,INC. K.Anthony Hoover ctaKah/pacl0514 . FEB-0,8-2006(WE0) 12; 05 Butcher Boy (FAX)97868556d0 P. 005/012 Rx Date/Time FEB-07-2005(TUE) 11: 19 19784d37�73 P. 004 Fax saint bg : 19784437873 CAVAHAUGH TOM 82-87-86 11.32 Ps,* 4/11 CAVANAUGH TOM . ASSOOI.ATES, INCORPORATED MOLATIMBY oATL 3z7 F BOSTON PW ROa. SUPBOY. ern 01779 MECPrzD8v DATE TEUPHONE(R78)443-7971 FAX (9791443t7B73 9=6 Ul JL A. ' j 1 I ' I i i + i �� • i1 { ri lie All Ll� lei 1 i I " FEB-08-2006(WED) 12; 05 Butcher Boy (FAX)97868556Q0 P. 006/012 Rx nate/Time FEB-07-2006(TUE) 11 : 19 19'tOWMT3 P. 005 Fax sent by : 19784437873 CAUAWAUCH TOCCI 82-07-06 11:32 Pg: 5/11 1J�l I CALF. u ,."I + `r- ^" ,•�J!t ew�' yiq; FEB-08-2006(WED) 12; 05 Butcher Boy (FRX)97868556aO P. 0071012 RR Oate/Time FEB-07-2006(TUE) 11 : 19 19784437873 P. 006 FwX tent•by = 197134437873 CAVAHAUCH TOM 82-8?-66 1132 Pg 6ril Bic V s r t WAU, FEB-08-2006(WE0) 12: 05 Butcher Boy (FRX)9786855640 P. 008/012 Rx note/Time rE8-07-EO05(TUE) 11: 19 P_ 007 Fax sent by 19784437873 GAUANAUGH TOM 02°07°86 11:32 Fs: 7/li i � i i• f � j liti I , i F r,)VE: 4 FEB-08-2006(WEO) 12; 05 Butcher Boy (FAX)9786855640 P. 009/012 RK Date/Time FEB-07-2006(TUE) 11: 19 19784437873 P, 008 Fax sent bg 19704437873 CAUANAUCH 'BOCCI 82-07-05 11:32 PS: 8/11 r FEB-08-2006(WED) 12; 05 Butcher Boy (FRY)97868556d0 P. 010 1012 Rm Date/Time FEB-07-2006(TUE) 11; 19 19784437873 P. 009 Fox recut by : 1978493?873 CAVAHAUGH TOM 6Z-67-06 1133 P1r; 9r11 CA VANAUGH TOCC , ASSOCI ATE 2. INCORPORATED 727 F BOSTON POST ROAD. SUDBURY, MA 01776 TELEPHONE (508) 443.787) FAX (508) 443-7873 l0 Clo G1 70 3 �Ob .�, f + _ - - �- + + 63 125 250 500 1000, 2000 4000 8000 FREQUENCY IN HERTZ FEB-08-2006(WEO) 12; 05 Butcher Boy (FAX)9786855640 P. 011/012 Rx Gate/Time FEB°07°20H ME5 11: 19 19704437873 P. 0]a -Fax sent by : 19784437873 CAUANAUGH TOM 82-87-86 ii:33 PU; 10/11 CAVANAUGH TOCCZ AS aCZAT , -INCORFORATED 327 F BOSTON POST ROAD. SUDBURY. Mn 01776 TELEPHONE (509) 443-7471 FAX (308).443-7873 F�yy�� -'- T 1 — T r $ 4 Axle 63 125 250 S00 ' 1000 2000 4000 8000 FREQUENCY IN MOZ OFF ) 41 A —0 BOW C a t . U:� LIWATP� M�� FEB-08-2006(WED) 12; 05 Butcher Boy (FRX)9786855640 P. 012/012 Rx Date/Time FEB-07-i'0 W UE) 11; 19 1979dd37873 p- 011 Fox sent by 19?$4437A?3 CAVANAUGH TOM 82-07-06 if.33 Pyt It/ii CAVANA.UGH TOCCI ASSOCIATES, I1gC0pP0PATFD 777 F BOSTON POST ROAD. SUDBURY: MA 01776 TELEMNE (508) 443+7371 FAX (506) 443.7B73 IT TX i + + + _ + eta g3. 125 250 500 ' 1000 2060 4000 8000 FREQUENCY IN HERTZ -� L 1 Town of North Andover a VkORTN bQ Office of the Conservation Department Community Development and Services Division 400 Osgood Street wcNu North Andover, Massachusetts 01845 Alison McKay Telephone (978) 688-9510 Conservation Administrator Fax (978) 688-9542 April 26, 2006 Angus Realty Corporation 1077 Osgood Street North Andover, MA 01845 RE: Catch Basin Removal at Butcher Boy Market—1077 Osgood Street, North Andover, MA Dear Angus Realty Corporation: This department is in receipt of the plan entitled"Catch Basin Removal" prepared by Lynnfield Engineering, Inc. dated April 3, 2006 for the above referenced property for the purposes of the removal and abandonment of an existing catch basin. This work also includes the removal of a portion of an existing pipe, insertion of a pipe plug at the abandoned catch basin outlet, repaving over the newly abandoned structure to the existing grades, and replacing the existing berm. As you are aware, a wetland resource area is located within 100 feet of the proposed work to the northeast. This protected resource area is surrounded by a 25' No-disturbance zone and a 50' No- Build zone pursuant to the North Andover Wetlands Protection Bylaw. However, the proposed work will remain outside of these'local buffer zone setbacks. You may also be aware that activities within 100 feet of a wetland resource area would normally be subject to a filing with the North Andover Conservation Commission(NACC) pursuant to the Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, section 40) and the North Andover Wetlands Protection Bylaw (Chapter 178 Code of North Andover). However, in review of the submitted plan as referenced above, the Conservation Department has determined that since the proposed work is minor in nature and can be completed within a few days, the work as described can be allowed without a filing with the North Andover Conservation Commission(NACC). In lieu of such filing, the Conservation Department is mandating the following action items to be adhered ❖ Prior to the commencement of work, erosion controls shall be properly installed as shown on the submitted plan. The applicant or its representative shall notify this department prior to the commencement of work and immediately following completion of work for a final site inspection. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-95 3 0 HEALTH 688-`>?40 PLANNING 684 9j j 4• The applicant or its representative shall immediately notify this department should the project plans be modified at any time. ❖ All work, including final paving and stabilization efforts, shall be completed within 1 week of the start of construction. • Construction equipment shall not be staged or left overnight within 50 feet of the wetland resource area. ❖ All materials(e.g. old asphalt, etc.) shall be taken of site and disposed of properly. ❖ Upon completion of construction, all disturbed areas shall be properly stabilized. Please feel free to contact me at any time should you have any further questions or concerns in this regard. Respectfully, NORTH ANDOVER CONSERVATION COMMISSION Alison McKay Conservation Administrator Cc: Richard Barthelmes, P.E.-Lynnfield Engineering, Inc. Curt Bellavance, AICP, C—oniuiui►i y Development Lincoln Daley, Town Planner ybF7 T{y Town of North Andover �',«•� �:ho Building Department '- C✓'oinm unify Development and Services Division 400 Osgood Street Gerald A.Brown North Andover, Massachusetts 01845 Inspector of Buildings Fax (973)688-9542 Telephone(978) 688-9545 April 27, 2006 i Mr.Frank J.Ragonese 1939 Great Pond Road North Andover,Massachusetts 01845 Dear Mr.Ragonese: This letter is in response to your letter dated April 14,2006 requesting enforcement action from the ordInspector o bring he property and all ostructures�the Butcher Boy Mall, 1077 Osgood Street into compliance g with the bylaw. I am of the following opinion after investigating your complaint against the above referenced business: • The North Andover Zoning Bylaw does not define"permanent" or"temporary". Since the trailer is on wheels and is registered;it is temporary because it can be moved. • The North Andover Zoning By-law does not address noise levels in any zoning district. • The North Andover Zoning By-law does not address hours of operation in any zoning district. If you have any questions,please feel free to contact me. If you would like to appeal this interpretation of the North Andover Zoning Bylaw, Section 10.4 of the Bylaw states that decisions may be grieved within (30)days before the North Andover Zoning Board of Appeals. Sincerely, � . Gerald A.Brown, Inspector of Buildings/Zoning Enforcement Officer cc: Mark Rees,Town Manager Curt Bellavance, Community Development Director Alison McKay, Conservation Administrator Lincoln Daley,Town Planner William Dolan,Chief,Fire Department (Jrru d of:�ppculs 9`17,8-698-9-54 1 f3uiIduig 978-688-9545 Consc,vi,6-I 9"78-688-951(i [ionit6 971g-698-95-40 Planning 97 9-688-953 5 Pagel of? Ippolito, Mary From: Daley, Lincoln Sent: Monday, August 14, 2006 12:04 PM To: Ippolito, Mary (t Subject: FW: Butcher Boy - G IS this still on for this wednesday? -----Original Message----- From: Richard Barthelmes [mailto:RBartheimes @lynnfieldeng.com] Sent: Monday, August 14, 2006 10:39 AM To: Daley, Lincoln Subject: RE: Butcher Boy I spoke with Mary and she set up a meeting with Gerry, Allison and yourself for Wed at 2 pm. Is this still on? Richard Barthelmes, PE Lynnfield Engineering, Inc. 199 Newbury Street, Suite 115 Danvers, MA 01923 tel 978.777.7250 ext 12 fax 978.777.8650 rbarthelmes @lynnfieldeng.com www.lynnfieldeng.com ('O.VF/DE;\'T!;I LIT)'NOTE The information contained in this e-mail message is confidential and intended only for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient,or the employee,or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of his communication is strictly prohibited. If you have received this communication and are not the addressee,please notify us immediately at our telephone number set forth above. From: Daley, Lincoln [ma i Ito:Ida ley @townofnorthandover.com] Sent: Monday, August 14, 2006 10:39 AM To: Richard Barthelmes Subject: RE: Butcher Boy Richard: I would recommend that you come before the TRC on either August 24th or September 14th before approaching either the ZBA or Planning Board. Please let me know which day works and I will place you on the appropriate agenda. Lincoln Daley -----Original Message----- From: Richard Barthelmes [mailto:RBarthelmes @lynnfieldeng.com] Sent: Monday, August 07, 2006 4:53 PM To: Daley, Lincoln Subject: Butcher Boy 8/14/2006 Page 2 of 2 Should we come back to the design review committee with the proposed parking lot layout and building expansion. If so when is the next meeting? Richard Barthelmes, PE Lynnfield Engineering, Inc. 199 Newbury Street, Suite 115 Danvers, MA 01923 tel 978.777.7250 ext 12 fax 978.777.8650 rbarthelmes @lynnfieldeng.com www.lynnfieldeng.com CONFIDENTIALITY NOTE The information contained in this e-mail message is confidential and intended only for the use of the individual or entity to which it is addressed. If the reader of this message is riot the intended recipient,or the employee,or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication and are not the addressee,please notify us immediately at our telephone number set forth above. 8/14/2006