HomeMy WebLinkAboutLegal Document - 1003 OSGOOD STREET 7/11/2011 Commonwealth of Massachusetts
Essex County Superior Court
Superior Court House f�CCEIVED
34 Federal Street OLi� i LLI~K'S i;,=FICE
Salem, MA 01970 2011 JUL I B N11 4-.
(978) 744-5500
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114ORTIJ
CIVIL DJ, KT #�EIS�CV2011-00521
Great Pond Crossing LLC,
Willard D Perkins
VS.
North Andover Planning Board, John Simons, Richard Rowen, Timothy Seibert,
Courtney LaVolpicelo, Michael Colantoni, Osgood Properties LLC
CERTIFICATE OF LAST ENTRY/JUDGMENT
In the above entitled action brought by Complaint filed on 03/22/2011 the
following entries have been made on the docket as of July 11, 2011 (3:59pm):
On 07/11/2011 Notice of voluntary dismissal (41a.Li)
(seal)
Dated at Salem, Massachusetts this 11th day of July, 2011.
Thomas H. Driscoll Jr.,
Clerk of the Courts
By:.
Clerk
cvdcerjnd_1.•upd 1041,31 notvolds arena,•a
i T 0'.'d Pd 0 _
COMMONWEALTH OF MASSACHUSETTS 2011 JUL P11 k,; i I
ESSEX, SS SUPERIOR CQNU•RTj�:
Docket NCN0'-rr01W-,0,521 A it[:1)
FIASa,A,f`HUL +ffI T'S
GREAT POND CROSSING, LLC and
WILLARD D. PERKINS,
Plaintiffs,
V.
NORTH ANDOVER PLANNING BOARD; JOHN
SIMONS, RICHARD ROWEN, TIMORTHY SEIBERT, -
COURTNEY LaVOLPICELO, AND MICHAEL IN THE SUPERIOR COURT
COLANTONI, as they are members of the North Andover FOR THE COUNTY OF ESSEX
Planning Board; and OSGOOD PROPERTIES LLC, JUL 2011
Defendants
CLERK
NOTICE OF DISMISSAL
Pursuant to Mass.R.Civ.P. 41(a)(1)(i),Plaintiffs Great Pond Crossing, LLC and Willard
D. Perkins hereby dismiss this action with prejudice.
Dated: June 9,0,2011 RESPECTFULLY SUBMITTED,
W L ARD D. PERKINS,MANAGER
GREAT POND CROSSING,LLC
28 Andover Street
Andover, MA 01810
(978) 475-5400
(Pro Se)
WILLA D D. PERKINS
28 Andover Street
Andover, MA 01810
(978) 475-5400
(Pro Se)
(OA926 1/063 1 9IN 1848045.1)
RECEIVED
CERTIFICATE OF SERVICE 0'1.''� Gi> R4�
I, Willard D. Perkins, certify that I have this day served a copy o the Notice of Dismissal
on the following counsel of record for all parties represented by counsel ar djOrVdefendant .
Osgood Properties, LLC, by first class mail: U0�t'i S°i At100V[w
Thomas J. Urbelis, Esq. ;
Urbelis & Fieldsteel, LLP
155 Federal Street
Boston, MA 02110
Osgood Properties LLC
865 Turnpike Street
North Andover, MA 01845
Date Willard D. Perkins
(OA926 1/063 1 91/M 1848045.1)
A. CE Leo
rr:
t%ORTH
Town of North Andover 2011 Fif��C r2 Pf 1
Office of the Planning Department 10
y Community Development and Services Division T0
AAi:o �y 1600 Osgood Street �1 CI..I't'r`1,J�1f?:;�
�SSACHUS�� +,!�S.'�`,gCl;(ISt:7-1'
North Andover,Massachusetts 01845
NOTICE OF DECISION
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: March 1,2011
Date of Hearings: July 20, 2010, Oct. 5,
2010,Nov. 16,2010,February. 15, 2011,
March 1, 2011
Date of Decision: March 1,2011
Petition of: Osgood Properties LLC,John Grasso,Manager
865 Turnpike Street,North Andover,MA 01845
Premises Affected: 1003 Osgood Street,North Andover,MA 01845,within the Business Two(0-2)
Zoning District,Assessors Map 35,Lot 50.
Referring to the above petition for a Watershed Special Permit from the requirements of the North
Andover Zoning Bylaw, Section 4.136.
So as to allow: to allow the construction of 19,300 sq. ft. retail/office/restaurant complex,
including the renovation of an existing barn, with 70 total parking spaces, drainage system
network, extensive grading and landscape work within the Business Two (B-2) Zoning District-
and the Watershed Protection District.
After a public hearing given on the above date, the Planning Board voted to APPROVE a
Watershed Special Permit for the Watershed Protection District, based upon the following
conditions:
i/
�/Planning Board
golm Simons,Chair an
Richard Rowen
Timothy Seibert
Courtney LaVolpicelo
Michael Colantoni
1 .03 Osgood Street,Map 35 Lot 50
Watershed Special Permit
The Planning Board herein approves the Watershed Special Permit for the construction of 19,300 .
sq. ft. retail/office/restaurant complex, including the renovation of an existing barn, with 70 total
parking spaces, drainage system network, extensive grading and landscape work. The site is
accessed by a Common Driveway shared with the Great Pond Crossing complex at 1025 Osgood
St., which runs along the eastern property line. The building is located on 1003 Osgood Street,
Map 35, Lot 50 in the Business Two (B-2)Zoning District, This Special Permit was requested
by Osgood Properties LLC, John Grasso,Manager, located at 865 Turnpike Street,North
Andover,MA 01845. The application was filed with the Planning Board on June 18,2010 The
applicant submitted a complete application,which was noticed and reviewed in accordance with
Section 2.30.1,4.136, 8.1, 8.3, 8.4, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw
and MGL C.40A, Sec. 9
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well
as its specific criteria, are met. This decision specifically stated by the Planning Board makes the
following FINDINGS OF FACT:
1. As a result of discussions with the Planning Board, Planning Staff and outside consultants
the applicant has significantly altered the design of the complex from that which was
originally presented. The resulting proposal limits site disturbance, provides maximum
distance from Lake Cochichewick and provides for the least amount of impact on an
environmentally sensitive area., and as provided under section 3.136 (4)(e), the Planning
Board has determined that there will not be any significant degradation of the quality and
quantity of water in or entering Lake Cochichewick.
2. The site drainage system and storm water management design are designed in accordance
with the Town Bylaw requirements and Best Management Engineering and Practices, and
the most recent version of the MA DEP Stormwater Handbook, and has been reviewed
by the outside consulting engineer, Lisa Eggleston. The applicant altered the original
drainage design to provide for maximum stormwater infiltration and has provided
adequate safeguards to mitigate pollutants from entering the Lake and the surrounding
area. See letters from L. Eggleston dated August 5, 2010, October 5, 2010, January 6,
2011,February 1, 2011 and February 9, 2011.
3. The project is located within an extremely environmental sensitive area and in close
proximity to Lake Cochichewick. The final design reflects extensive discussions between
the Town and applicant to ensure the continued protection of Lake Cochichewick and the
safety and welfare of the residents of North Andover;
4. There will be no nuisance or serious hazard to vehicles or pedestrians. The shared access. ,
way results in a better overall and cohesive plan that reduces impervious surface,
improves internal/external circulation of vehicles and pedestrians, emergency access,
eliminates one curb cut on Osgood Street, and provides for a more aesthetically pleasing
and cohesive streetscape for both projects at 1025 Osgood Street and 1003 Osgood Street.
2
IQ03 Osgood Street,Map 35 Lot 50
Watershed Special Perrnit
5. The reduction in parking will provide for an efficient use of parking spaces, decreases the
need for impervious surfaces and provides for a more environmentally sensitive project
design.
6. An Emergency Response Plan that describes steps to be taken by the management of the
project in cooperation with the town of North Andover in the case of an environmental
emergency has been incorporated as part of this decision.
7. The existing structure is connected to the Town sewer and water systems.
8. A deed restriction will be placed limiting the types of fertilizers that can be used on the site.
9. The topography of the site will not be altered substantially.
10. The limit of clearing is restricted to the minimum necessary to construct the proposed
addition. Grading and the construction of the parking area are located outside the 50-foot
Conservation No-Build Zone.
11. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use. The project will provide Town water, sewer, and utilities on the property
to adequately address the needs of the project and has been reviewed by the Division of
Public Works and the outside consulting engineer,Vanasse Hangen Brustlin, Inc.;
12. The existing lot conforms to the minimum lot area requirements for a lot within the Business
Two (B-2)Zoning District as shown in Table 2 of the North Andover Zoning By-laws.
13. As conditioned, the site is an appropriate location for the project use and proposed
structures.
14. The Planning Board also makes a specific finding that the use is in harmony with the
general purpose and intent of the North Andover Zoning Bylaw.
15. The siding,materials used, and architectural style for the retail office building shall conform
to the elevations submitted by the applicant
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the
following SPECIAL CONDITIONS:
Permit Definitions:
i) The"Locus"refers to the 138,729 sq. ft.parcel of land with land fronting on Osgood
Street as shown on Assessors Map 35, lot 50, and also known as 1003 Osgood Street,
North Andover,Massachusetts.
ii) The"Plans"refer to the plans prepared by MHF Design Consultants dated June 17,
2010,revised September 22,2010,December 8, 2010, January 17, 2011, February 3,
3
1003 Osgood Street,Map 35 Lot 50
Watershed Special Permit
2011, and February 18, 2011 entitled"Proposed Site Development Plans for Map 35
Lot 50, 1003 Osgood Street,North Andover,Massachusetts 01845" and consisting of
sheets 1 through 13.
iii) The"Project"or"1003 Osgood Street"refers to the development of 19,300 square
feet of retail/office/restaurant space, 70 parking spaces and associated grading and
extensive landscaping work. The project includes the approval of a common
driveway for 1003 Osgood Street, Map 35, Lot 50 and 1025 Osgood Street,Map 35,
Lot 20 and depicted on Sheet 3 of the,Plans. The driveway provides a shared access
road to both properties.
iv)The"Applicant"refers to Osgood Properties LLC,the applicant for the Special
Permits.
v) The"Project Owner"refers to the person or entity holding the fee interest to the title
to the Locus from time to time, which can include but is not limited to the applicant,
developer, and owner.
-1. The Town Planner shall approve any changes made to these plans. Any changes deemed
substantial by the Town Planner would require a Public Hearing and modification-to the
Special Permit by the Planning Board. This Watershed-Special Permit may only be used in
conjunction with the Special Permit for Common Driveway, Site Plan Review and Pa m
for these same premises approved March 1 2011. 0 --
oo:u
2. Prior to issuance of a building permit:
a) A performance guarantee bond ofree thous and dollars ($5,000.00)made t,fo`,theown:
of North Andover must be posted to insure that the construction,erosion co roT;'measures M
and performance of any other condition contained herein will take place`,ii accotlanc
with the plans and the conditions of this decision and to ensure that the as-built planssll he
submitted.
b) Three (3) copies of the signed, recorded plans must be delivered to the Planning
Department.
c) One certified copy of the recorded decision must be submitted to the Planning
Department.
d) All erosion control measures as shown on the plan must be in place and reviewed by the
Town Planner and Conservation Department. Weekly inspections of all erosion control
measures will be.completed by the designated independent Environmental Monitor and
incorporated into the weekly reports as part of Special Condition (1) of the approved
March 1, 2011 Site Plan Review Special Permit.
e) No road salt, .sodium chloride, or other de-icing chemicals shall be used on paved
surfaces in the buffer zone, and any arrangement for snow removal shall so stipulate due
to the importance of the site and wetlands. in addition,permanent signs designating"No-
4
1,003 Osgood Street,Map 35 Lot 50
Watershed Special Permit
Salt Zone" and "Snow Stockpiling Zones" shall be displayed in prominent locations
along the Non-Disturbance Zone as approved by the Conservation Department and
shown on the herein referenced plans. Fertilizers utilized for landscaping and lawn care
shall be slow release, low-nitrogen types (<5%), and shall not be used within 25 feet of a
resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland
resource area. The applicant shall incorporate this condition as a deed restriction and
a copy of the recorded deed shall be submitted to the Town Planner and included in
the file.
3) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water mitigation trenches and
other pertinent site features. This as-built plan shall be submitted to the Town Planner for
approval. The applicant must submit a certification from the design engineer that the site
was constructed as shown on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance
with the approved plan.
c) The approved Emergency Response Plan required under Special Conditions 7 of the March
1, 2011 Site Plan Special Permit shall be submitted to the Planning Department,
4) In no instance shall the applicant's proposed construction be allowed to further impact the site
other than as proposed on the plans referenced in Special Condition 412.
5) The applicant must comply with the conditions set forth in the Site Plan Review Special Permit
approved,on March 1, 2011 and the Conservation Commission Order of Conditions related to
this project.
6) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
8) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
9) Should the Project Owner transfer ownership of the project and/or property prior to
completion and submission of the final as-builts, the buyer shall meet with the Planning
Board to provide an update on the status of the project.
10)This Special Permit approval shall be deemed to have lapsed March 1, 2013 (two years from
the date of issuance) exclusive of the time required to pursue or await determination of any
appeals, unless substantial use or construction has commenced within said two-year period.
Substantial use or construction will be determined by a majority vote of the Planning Board.
5
1.903 Osgood Street,Map 35 Lot 50
Watershed Special Permit
11)The applicant is hereby notified that should the applicant disagree with this decision, the
applicant has the right under MGL Chapter 40A Section 17, to appeal this decision within
twenty days after the date this decision has been filed with the Town Clerk.
12)This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
1) Plan titled: Proposed Site Development Plans for Map 35 Lot 50
1003 Osgood Street,North Andover,Massachusetts 01845.
Prepared for: Osgood Properties LLC
865 Turnpike Street
North Andover,MA 01845
Prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Scale: 1"=20'
Date: June 17.2010,Revised Sept.22,2010,Dec 8,2010,Jan. 17,2011,Feb. 3,
2011,Feb. 18,2011
Sheets: 1-13 and Exhibit A,dated February 8,2011
2) Report: Storm Water Management Report
Prepared for: Osgood Properties LLC
Prepared by: MI-IF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Date: June 17.2010,Revised Sept.22,2010,Oct. 08,2010,Jan. 17,2011
3) Report: Operations&Maintenance Plan and Long Term Pollution Prevention Plan
Date: June 17,2010.Revised September 22,2010,December 8,2010,January
17,2011 and February 18,2011
Prepared by: MI-IF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
4) Report: Trip Generation Study
Date: June 16,2010
5) Elevations: Osgood Properties LLC
1003 Osgood Street—Concept Elevations
Prepared by: Aninno,Inc.
Date: January 14,2011
cc: Director of Public Works
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
6
OFFICE
NORTH
Town of North Andover 2011 V P3; 14' 10
Office of the Planning Department
r ;! OF
Community Development and Services Division ,
Tip 1600 1.600 Osgood Street P�;� SS�1CI E'f'f
North Andover, Massachusetts 01845
NOTICE OF DECISION
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: March 1,20011
Date of Hearing: July 20,2010, Oct. 5,
2010,Nov. 16, 2010, February. 15,2011,
March 1, 2011
Date of Decision: March 1,2011
Petition of: Osgood Properties LLC,John Grasso,Manager
865 Turnpike Street,North Andover,MA 01845
Premises Affected: 1003 Osgood Street,.North Andover, MA 01845, within the Business
Two (B-2) Zoning District,Assessors Map 35, Lot 50.
Referring to the above petition for a Site Plan Special Permit from the requirements of the North
Andover Zoning Bylaw, Sections 2.30.1, 8.1, 8.3, 8.4, 10.3,and 10.31 and MGL C.40A, Sec. 9
So as to allow: to allow the construction of 19,300 sq. ft. retail/office/restaurant complex,
including the renovation of an existing barn, with 70 total parking spaces, drainage system
network, extensive grading and landscape work within the Business Two (B-2)Zoning District.
After a public hearing given on the above date, the Planning Board voted to APPROVE a Site
Plan Special Permit, a Common Driveway Special Permit and an Off-Street Parking
Special Permit based upon the following conditions:
&Andover P1 ning Board
ai man
Richard Rowen
Timothy Seibert
Courtney LaVolpicelo
Michael Colantoni
V
1003 Osgood Street,Map 35 Lot 50
Site Plan Review, Common Driveway and Parking Special Permits
The Planning Board herein approves the Site Plan Special Permit, Parking Special Permit and
Common Driveway Special Permit for the construction of 19,300 sq. ft. retail/office/restaurant
complex, including the renovation of an existing barn, with 70 total parking spaces, drainage
system network, extensive grading and landscape work. The site is accessed by a Common
Driveway shared with the Great Pond Crossing complex at 1025 Osgood St., which runs along
the eastern property line. The building is located on 1003 Osgood Street, Map 35, Lot 50 in the
Business Two-(B-2) Zoning District. This Special Permit was requested by Osgood Properties
LLC, John Grasso, Manager, located at 865 Turnpike Street, North Andover, MA 01845. The
application was filed with the Planning Board on June 18, 2010. The applicant submitted a
complete application, which was noticed and reviewed in accordance with Section 2.30.1, 8.1,
8.3, 8.4, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec, 9
The Planning Board makes the following findings as required by the North Andover Zoning
Bylaws Section 2.30.1, 8.1, 8.3, 8.4, and 10.31:
FINDINGS OF FACT:
1) As a result of discussions with the Planning Board, Planning Staff and outside consultants.
the applicant has significantly altered the design of the complex from that which was
originally presented. The resulting proposal limits site disturbance, provides maximum
distance from Lake Cochichewick and provides for the least mount of impact on an
environmentally sensitive area.
2) The proposal also includes the preservation of an historic barn, leaving the barn in its current
position. The final design of the complex provides for an integration of the barn with the
new addition and also provides design integration with the surrounding commercial
properties, in particular the Great Pond Crossing complex located at 1025 Osgood St.
3) The application was reviewed by the Town's civil engineering consultants, VHB, who
reviewed the project for conformance with the Town's Zoning Bylaw and also reviewed the
Trip Generation Study submitted by the applicant and written by Dermott Kelly, dated June
16, 2010. The final project reflects changes to the traffic pattern within the site, a relocation
of parking spaces away from the environmentally sensitive areas and the use of a common
driveway that will be shared with the development at 1025 Osgood St. See VHB letters dated
July 26, 2010,November 5, 2010 and February 11, 2011.
4) The site drainage system and storm water management design are designed in accordance
with the Town Bylaw requirements and Best Management Engineering and Practices, and the
most recent version of the MA DEP Stormwater Handbook, and has been reviewed by the
outside consulting engineer, Lisa Eggleston. The applicant altered the original drainage
design to provide for maximum stormwater infiltration and has provided adequate safeguards
to mitigate pollutants from entering the Lake and the surrounding area. See letters from L.
Eggleston dated August 5, 2010, October 5, 2010, January 6, 2011, February 1, 2011 and
February 9, 2011.
2
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
5) An Emergency Response Plan that describes steps to be taken by the management of the
project in cooperation with the town of North Andover in the case of an environmental
emergency has been incorporated as part of this decision.
6) The project is located within an extremely environmental sensitive area and in close
proximity to Lake Cochichewick. The final design reflects extensive discussions between the
Town and applicant to ensure the.continued protection of Lake Cochichewickc and the safety
and welfare of the residents of North Andover, and as provided under section 4.136 (4)(e),
the Planning Board has determined that there will not be any significant degradation of the
quality and quantity of water in or entering Lake Cochichewick.
7) The shared access way results in a better overall and cohesive plan that improves
internal/external circulation of vehicles and pedestrians, emergency access, eliminates one
curb cut on Osgood Street, and provides for a more aesthetically pleasing and cohesive
streetscape for both projects at 1025 Osgood Street and 1003 Osgood Street.
8) The reduction in parking will provide for an efficient use of parldng spaces, decreases the
need for impervious surfaces and provides for a more environmentally sensitive project
design.
9) The use as proposed will not adversely affect the neighborhood, as the proposal is designed
to complement the adjacent development at 1025 Osgood St., Great Pond Crossing.
10)There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has
demonstrated that (1) the proposed access and egress point from Great Pond Road will not
significantly increase traffic flow or volumes and (2) the parking design provides for
adequate traffic flow, safety, and sufficient pedestrian connections throughout the project.
11)The project meets the requirements of Section 2.30.1, 8.1, 8.3 and 8.4, of the North Andover
Zoning Bylaw,with the exception of the following waivers:
A) Section 8.3.5.e.xxii: Fiscal Impact Statement. In lieu of the Fiscal Impact Statement, the
applicant has provided information that addresses the fiscal impact of the proposed
commercial development and the Planning Board has found that the development
provides potential benefits to the community.
B) Section 8.3.5.e.xxiii: Community Impact Statement. In lieu of the Community Impact
Statement, the applicant has provided information that addresses the impact of the
proposed commercial development on the community and the Planning Board has found
that the development is in harmony with the surrounding commercial area.
C) Section 8.3.5.e.xix: Traffic Impact .Analysis. In lieu of the Traffic Impact Statement, the
applicant has provided a traffic report prepared by Dermott Kelly, dated June 24, 2010.
The report contains information on site-generated traffic volume, which addresses the
3
1003 Osgood Street,Map 35 Lot 50
Site Plan Review, Common Driveway and Parking Special Permits
requirement for site specific traffic impacts.
D) Section 8.4.2 Screening and Landscaping Requirements for Off-Street Commercial and
Industrial Districts. The applicant is proposing a landscaped area in the front of the
property that does not run the entire length of the front setback area, because of the need
to preserve sight-lines along Route 125. The Board grants a waiver under Section 8.1.8,
due to the sensitive environmental area and the need to reduce the overall footprint of the
site.
E) Reduction in parking section and modification of design standards 8.1.8: The applicant is
proposing 70 parking spaces, a reduction of 35%'from the number of required spaces,
along with modifications 'to the aisle width. The Board finds that this reduction is
appropriate for this development,based on the following:
a) There is an opportunity to share parking spaces with the adjacent development at
1025 Osgood St.
b) The applicant has made an effort to minimize site disturbance in an area close to Lake
Cochicewick, and has reduced the footprint of the entire site, including reducing the
number of parking spaces.
c) The uses that are being proposed (office and restaurant) provide for a sharing of
parking spaces based on hours.of operation.
d) The parking and aisle layout provides for adequate circulation for emergency and
other vehicles within and around the site.
12)The Conservation Commission closed the Public Hearing for the project on February 9, 2011
and has issued an Order of Conditions.
13)Adequate and appropriate facilities will be provided for the proper operation of the proposed
use. The project will provide Town water, sewer, and utilities on the property to adequately
address the needs of the project and has been reviewed by the Division of Public Works and
the outside consulting engineers,Vanasse Hangen Brustlin,Inc and Lisa Eggleston.
14)The Common Driveway provides safe and'convenient access to the site and is subject to a
recorded maintenance agreement as required under section 2.30.1 of the Bylaws.
Finally the Planning Board finds;that this project generally complies with the Town of North
Andover Zoning Bylaw requirements as listed in Sections 2.30.1, 8.1, 8.3 and 8.4, but requires
conditions in order to be fully in compliance. The Planning Board hereby grants an approval to
the applicant provided the following conditions are met:
SPECIAL CONDITIONS:
Permit Definitions:
i) The"Locus"refers to the 138,729 sq. ft. parcel of land with land fronting on Osgood
Street as shown on Assessors Map 35, lot 50, and also known as 1003 Osgood Street,
North Andover, Massachusetts.
4
1003 Osgood Street,Map 35 Lot 50
Site Plan Review, Common Driveway and Parking Special Permits
ii) The"Plans"refer to the plans prepared by MHF Design Consultants dated June 17,
2010,revised September 22,2010, December 8, 2010, January 17, 2011, February 3,
2011, and February 18, 2011 entitled"Proposed Site Development Plans for Map 35
Lot 50, 1003 Osgood Street,North Andover,Massachusetts 01845" and consisting of
sheets 1 through 13.
iii) The"Project",or"1003 Osgood Street"refers to the development of 19,300 square
feet of retail/office/restaurant space, 70 parking spaces and associated grading and
extensive landscaping work. The project includes the creation of a common driveway
for 1003 Osgood Street, Map 35, Lot 50 and 1025 Osgood Street, Map 35, Lot 20 and
depicted on Sheet 3 of the Plans. The driveway will provide a shared access road to
both properties.
iv)The"Applicant"refers to Osgood Properties LLC,the applicant for the Special
Permits.
v) The"Project Owner"refers to the person or entity holding the fee interest to the title
to the Locus from time to time,which can include but is not limited to the applicant,
developer, and owner.
1) Prior to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
A) The. developer shall designate an independent Environmental Monitor who shall be
chosen in consultation with the Planning and Community Development Staff. This
monitor shall be the same environmental professional required by the Conservation
Commission, per their Order of Condition, March 1, 2011. The Environmental Monitor
must be available upon four (4) hours notice to inspect the site with the Planning Board
designated official. The Environmental Monitor shall make weekly inspections of the
project and file weekly reports, as specified in the Order of Conditions and the Planning
Board's Special Permit decision, to the Planning Board throughout the duration of the
project. The monthly reports shall detail area of non-compliance, if any and actions taken
to resolve these issues. The designated monitor may not be applicant and/or developer.
B) All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan and Long Term Pollution Prevention Plan and Erosion
and Sediment Control Plan for Stormwater Management Systems submitted to the
Conservation Commission and to the Planning Board and incorporated in the
Conservation Commission's Order of Conditions and the Planning Board's Special
Permit. The approved Operation and Maintenance Plan and Long Term Pollution
Prevention Plan for Stormwater Management Systems is fully binding upon the applicant
and/or owners, successors, agents, associations, heirs and assigns and must be adhered to
in perpetuity
C) The applicant shall designate an independent construction monitor who shall-be chosen in
5
1003 Osgood Street,Map 35 Lot 50
Site Plan Review, Common Driveway and Parking Special Permits
consultation with the Planning Department. The construction monitor must be available
upon four (4) hours notice to inspect the site with the Planning Board designated official.
The construction monitor shall make weekly inspections of the project and file monthly
reports to the Planning Board throughout the duration of the project. The monthly reports
shall detail area of non-compliance,if any, and actions taken to resolve these issues.
D) The conditions of'the Common Driveway Easement, dated October 10, 2006 and
recorded at the Northern Essex Registry of Deeds, Book 10431, Page 325, shall be
incorporated into and be made a part of this decision.
E) The Architectural Design Elevations from Annino Inc., dated January 14, 2011, as
presented by the applicant at the Planning Board meeting on February 15, 2011, shall be
incorporated as part of this decision. Substantial changes to the design shall be reviewed
by the Planning Board.
F) The final plans,must be reviewed and approved by the DPW and the Planning
Department and be endorsed by the Planning Board. The final plans must be submitted
for review within ninety (90) days. Failing submission of required final plans within 90
days will render this Special Permit null and void. The applicant may request an
extension of this condition.
G) If applicable, the applicant must supply a copy of the approved Massachusetts Highway
Department permits necessary for construction of the site to the Planning Department.
H) Confirmatory soil testing will be conducted at the proposed infiltration system #2, as
noted on the Plans. The results of this soil testing will be provided to both the Planning
and Conservation Staff. `
2) Prior to the start of construction:
A) A construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
B) All applicable erosion .control measures as shown on the plan must be in place and
reviewed and approved by the Planning Department.
C) It shall be the responsibility of the developer to assure that no erosion on the site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public
ways, except as normally ancillary to off-site sewer or other off-site construction. Off-
site erosion will be a basis for the Planning Board.making a finding that the project is not
in compliance with the plan; provided, however, that the Planning Board shall give the
developer written notice of any such finding and ten days to cure said condition.
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1003 Osgood Street,Map 35 Lot 50
Site Plan Review, Common Driveway and Parking Special Permits
D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown
on the plan. The Planning Department must be contacted prior to any cutting and or
clearing on site.
E) A pre-construction meeting must be held with the developer, their construction
employees, Planning Department, and Conservation Department to discuss scheduling of
inspections and inspections to be conducted on the project.
F) The applicant shall provide the Planning Board with copies of permits, plans and
decisions received from the Conservation Commission. Should the Town Planner find
that plans approved by the Conservation Commission substantially differ from the
approved plans of the Planning Board; the Planning Board reserves the right to require
the developer to present the changes through a public hearing to the Planning Board for a
Modification to Site Plan approval.
G) The applicant shall provide copies of required approvals from both the Federal Aviation
Administration(FAA) and the Aeronautics Division of MassDOT.
I) A site opening/erosion control bond shall be in the total amount of fifteen thousand
dollars ($15,000) for the purpose of covering any contingencies that might affect the
public welfare such as site opening, clearing, erosion control and performance of any
other condition contained herein. The Guarantee shall be in the form of a bond
acceptable to the Town and made payable to the Town of North Andover escrow account.
Upon fulfilling the requirements under said bond, the said bond amount will be rolled
over to Condition 7(I).
I) A bond in the amount of fifteen thousand dollars ($15,000) must be posted for the
purpose of insuring that a final as-built plan showing the location of all on-site utilities,
structures, curb cuts, parking spaces, topography, and drainage facilities are submitted.
The bond is also in place to insure`that the site is constructed in accordance with the
approved plan. This bond should be in the form acceptable to the Town and made
payable to the Town of North Andover escrow account.
J) A bond in the amount of ten thousand dollars ($10,000.00) shall be posted for the
purpose of covering any contingencies or emergency situations that may degrade or
impact the quality of the Town's drinking water supply, Lake Cochichewick. The
Guarantee shall be in the form of a bond acceptable to the Town made payable to the
Town of North Andover escrow account and will be held in perpetuity. Should the
property be sold or transferred, the Planning Department will require that a bond be
posted by the new owner and to be held in perpetuity. Said bond will only be utilized for
the purposes stated above.
3) Prior to the issuance of a Building Permit:
A) Three (3) copies of the signed, recorded plans must be delivered to the Planning
Department.
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1003 Osgood Street,Map 35 Lot 50
Site Plan Review, Common Driveway and Parking Special Permits
B) One certified copy of the recorded decision must be submitted to the Planning
Department.
C) The applicant shall adhere to the following requirements of the North .Andover Fire
Department and the North Andover Building Department:
1. All structures must contain a commercial fire sprinkler system. The plans and
hydraulic calculations for each commercial system shall be submitted for review
and approval by the North Andover Fire Department. Plans and hydraulic
calculations for each commercial system must also be supplied to the Building
Department.
D) To ensure the continued protection of the health and welfare of the residents of North
Andover and lessen the probability and possibility of contamination and incident to the
Town's primary source of drinking,the applicant shall be required to submit to the Planning
Department a comprehensive Emergency Response Plan and Maintenance Procedures. The
Planning Board shall review and approve said plan. The final plans must be submitted for
review within ninety (90) days of filing the decision with the Town Clerk. Failing
submission of required Emergency Response Plan within 90 days will render this Special
Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be
distributed to the Town's Fire Department, Police Department, Planning Department, and
the project site where the document(s) will be kept on file and easily accessible in case of
an emergency.
4) During construction: J
A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as
directed by the Town Planner,throughout the construction process.
B) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt,
wood, construction material, etc.) and must be shown on a plan and reviewed and
approved by the Town Planner. The developer will make every effort to locate stockpiles
on the site away from the Lake Cochichewick. Any approved piles must remain covered
at all times to minimize potential dust and be required to install appropriate erosion
control measures to mitigate potential impacts to Lake Cochichewick. Any stockpiles to
remain for longer than one week must be fenced off and be seeded.
C) In an effort to reduce noise levels, the developer shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from the
structures or site.
D) The Town Planner will perform bi-weekly inspections of the site during construction to
ensure that the developer is adhering to the conditions set forth in the decision.
5) Prior to the issuance of a Certificate of Occupancy:
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1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
A) The applicant must submit a letter from the architect and engineer of the project stating that
the building, signs, landscaping, lighting and site layout substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board. Alternatively,the
applicant and/or property owner may provide a bond, determined by the Planning Board,to
cover the full amount of the landscaping materials and installation if weather conditions do
not permit the completion of the landscaping prior to anticipated occupancy.
' 13) The Planning Staff shall approve all artificial lighting used to illuminate the site. All
lighting shall have underground wiring and shall be so arranged that all direct rays fiom
such lighting falls entirely within the site and shall be shielded or recessed so as not to
shine upon abutting properties or streets. The Planning Staff shall review the site. Any
changes to the approved lighting plan as may be reasonably required by the Planning
Staff shall be made at the owner's expense. All site lighting shall provide security for the
site and structures however it must not create any glare or project any light onto adjacent
residential properties.
Q The commercial fire sprinlder systems must be installed in accordance with referenced
standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts
State Building Code. Certification that the systems have been.installed properly in
accordance.with the above referenced regulations must be provided from both the North
Andover Fire Department and the North Andover Building Department to the applicant.
The applicant must then provide this certification to the North Andover Planning
Department.
D) Emergency Response Plan to be filed and posted in obvious place such as Fire Department,
Police Department and Planning Department.
of contract to the Conservation and the Planning
E) The applicant must submit proof g
Department in the form _of a written and signed document from the assignee(s)
responsible for conducting the perpetual site maintenance in accordance with the
Operation and Maintenance Plan and Long Term Pollution Prevention Plan for
Stormwater Management Systems and perpetual conditions mandated in Conservation
Commission's Order of Conditions. In addition to this contract, the applicant shall .
submit an Affidavit from the assignee (s) acknowledging the Stormwater Operation &
Maintenance responsibilities of the stormwater management systems in accordance with
the approved Operation and Maintenance-Plan and Long Term Pollution Prevention Plan
for Stormwater Management Systems and other perpetual conditions mandated in this
Decision and in the Order of Conditions.
6) Prior to the final release of all security and escrowed funds:
A) The Planning Staff shall review the site. Any screening as may be reasonably required by
the Planning Staff will be.added at the Project Owner's expense.
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1003 Osgood Street,Map 35 Lot 50
Site Plan Review, Common Driveway and Parking Special Permits
B) A final as-built plan showing final topography, the location of all on-site utilities,
structures, curb cuts, parking spaces, and drainage structures and facilities must be
submitted to the Planning Department. The- applicant must submit a letter from the
architect and engineer of the project stating said items substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board.
7) General conditions:
A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved
in this decision that die must be replaced by the project owner in perpetuity.
B) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and
preserve the natural features of the site.
C) The emergency shear gate valves located at the infiltration system should be tested twice,
yearly to insure that they are in wonting condition. The test reports are to be submitted to
the Planning Office for review.
D) Snow removal may be stored on the designated storages areas shown on said plans
referenced below to the extent possible, but must be trucked off site whenever-snow
exceeds on-site storage capacity.
E) No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces
in the buffer zone, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. In addition, permanent signs designating "No-Salt
Zone" and "Snow Stockpiling Zones" shall be displayed in prominent locations along the .
Non-Disturbance Zone as approved by the Conservation Department and shown on the
herein referenced plans.
F) Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition with the title
of the property and shall remain in perpetuity.
G) Should the Project Owner transfer ownership of the project and/or property prior to the
completion of the project and the submission of as-builts, the buyer shall meet with the
Planning Board to provide an update,on the status of the project.
H) The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
I) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by
the respective utility companies.
J) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday
through Friday and between 8:00 a.m. and 5:00 p.m, on Saturday.
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1003 Osgood Street,Map 35 Lot 50
Site Plan Review, Common Driveway and Parking Special Permits
K) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
L) No underground fuel storage shall be installed.
M) The provisions of this conditional approval shall apply to and be binding upon the
applicant,its employees and all successors and assigns in interest or control.
N) Depending on the allowed uses, the Planning Board reserves the right to modify the form
and fiequency of water quality and maintenance testing and inspection.
O) Any action by a Town-Board, Commission, or Department, which requires changes in the
plan or design of the building, as presented to the Planning Board, may be subject to
modification by the Planning Board.
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P) Any revisions shall be submitted.to the Town Planner for review. if these revisions are
deemed substantial, the developer must submit revised plans to the Planning Board for
approval.
Q) This Special Permit approval shall be deemed to have lapsed two years after the date of
the grant of this special permit (March 1, 2013), exclusive of the time required to pursue
or await determination of any appeals, unless substantial use or construction has
commenced within said two year period or for good cause. For purposes of this
development, the developer shall be deemed to have undertaken substantial use or
construction if the developer has installed 100%of the designed drainage system.
R) This Site Plan Review Special Permit approval is based upom the followingi information
which is.incorporated into this decision by reference:
1) )Plan titled: Proposed Site Development Plans for Map 35 Lot 50
1003 Osgood Street,North Andover,Massachusetts 01845.
Prepared for: Osgood Properties LLC
865 Turnpike Street
North Andover,MA 01845
Prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Scale: 1"=20'
Date: June 17.2010,Revised Sept.22,2010,Dec 8,2010,Jan. 17,2011,Feb. 3,
2011,Feb. 18,2011
Sheets: 1 -13 and Exhibit A,dated February,8,2011
2) Report: Storm Water Management Report
Prepared for: Osgood Properties LLC
Prepared by: MHF Design Consultants,Inc.
44 Stiles Road, Suite One
Salem,NH 03079
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1003 Osgood Street,Map 35 Lot 50
Site Plan Review, Common Driveway and Parking Special Permits
Date: June 17. 2010, Revised Sept. 22, 2010, Oct. 08, 2010, Jan. 17, 2011
3) Report: Operations&Maintenance,Plan and Long Tenn Pollution Prevention Plan
Date: June 17,2010.Revised September 22,2010,December 8,2010,January
17,2011 and February 18,2011
Prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
4) Report: Storm Water Management Report
Prepared for: Osgood Properties LLC
Prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Date: June 17,2010,Revised Sept.22,2010,Oct. 08,2010,Jan. 17,2011
5) Elevations: Osgood Properties LLC
1003 Osgood Street—Concept Elevations
Prepared by: Aninno,Inc.
Date: January 14,2011
cc: Director of Public Works
Building Inspector
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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