HomeMy WebLinkAboutLegal Document - 150 FLAGSHIP DRIVE 6/4/1996 Business Park Realty Trust
June 4, 1996
Mr. Joseph V. Mahoney, Chairman
North Andover Planning Board
120 Main Street
North Andover, MA 01845
RE. Restrictive Covenants, Proposed Town Printing Facility
150 Flagship Drive, Lot 1,North Andover Business Park
Dear Mr. Mahoney:
In a cooperative effort involving the Town of North Andover Planning Department, the
Marian Drive neighborhood and Business Park Realty Trust, the subject parcel was rezoned from
R-2 to I-1 as article 38 on the 199') town warrant. In consideration of the passage of the article,
Business Park Realty Trust has agreed to restrictive covenants relating to the construction and
development of any facility at this location. The following represents a summary of the eight
issues addressed in the covenants and methods by which compliance will be achieved in each
instance.
1. Building Height: While zoning allows a maximum height of 55' exclusive of rooftop
mechanical equipment, this covenant restricts the height to 33' including mechanical equipment.
In order to construct the proposed manufacturing facility incorporating an office mezzanine, a
minimum height of 25' is required. To meet the 33' limitation of the covenant, the lowest point
of finished grade will be maintained at a maximum of T-6" below floor level and HVAC units
will be specified and installed so that the highest point will be no more than 5'-6" above the top
of the wall as illustrated in drawing A3-1.
2. Buffer Zones: A stone wall on the easterly (Marian Drive) side of the property serves as
the reference for a 50' no-cut zone plus an additional 50' no-build zone. These zones are being
respected as demonstrated on drawings 4 and 5 of 10. The additional requirement of a row of
evergreens at the edge of the no-cut zone is addressed by a row of white pines as depicted on
drawing 6 of 10.
Mr. Joseph V. Mahoney, Chairman
June 4, 1996
Page Two
3. Monitoring Well: At least one groundwater monitoring well will be constructed on the
property downgradient of the proposed facility. The specific location(s) will be determined at a
later date and shall be approved by the building inspector. The facility will have a very small
amount of volatile materials which will be properly handled, stored and disposed.
4. Site Lighting: The lighting as depicted on drawing 4 of 10 will be specified and
installed to prevent direct rays from being viewed from adjacent residential properties. Pole
lights shall be serviced by underground wiring in accordance with the covenant.
5. Trash Management: The covenant requires an 8' high visual screen at exterior trash
containers as well as screening any materials or debris outside of the building. Drawings 4 of 10
and A3-1 address the proposed covered dumpster and associated screening. There is no proposed
outdoor storage and the owner will be responsible for maintenance and general clean-up per the
standards established in the covenant.
6. Noise, Dust and Odors: Covenant item A which corresponds to the broadband and pure
tone noise criteria was addressed by Tech Environmental, Inc. of Waltham, Massachusetts. Their
analysis established HVAC operation as being the sole source of sound which had the potential
to exceed the covenant criteria. A conceptual HVAC plan was designed incorporating packaged
rooftop units sized to accommodate current demand as well as future equipment and potential
expansion. Based upon this plan, field test levels and technical analysis, the proposed facility is
shown to meet noise standards specified in the covenant. Covenant item B regards dust, odor,
construction and demolition. DEP standards as outline in this covenant shall, where applicable,
be made a part of the approritate construction subcontracts and monitored and enforced
throughout this duration of construction operations. Other standards relative to facility
operations will be adhered to by the owner/operator of the facility.
7. Helicopter Landing Pad: There will not be a helicopter landing pad on the property.
8. Planning Board Right To Evaluate Facility Operations: The developer, Business
Park Realty Trust, and the proposed owner, Town Printing, Inc. acknowledge the neighborhood's
concerns regarding the use of the completed facility and the planning board's right to reasonably
restrict operations. Town Printing intends to utilize the facility for commercial printing
involving 2nd and 3rd shifts as necessary. Shipping and receiving are currently limited to
normal weekday working hours. The facility has been designed to attenuate any noise caused by
printing equipment and as demonstrated in its current Charles Street location, will not be a
source of odors
Mr. Joseph V. Mahoney, Chairman
June 4, 1996
Page Three
We trust that this summary adequately defines our intentions to comply with the
standards set by the covenants. Should there be a need for further clarification, we would be
happy to expand upon any issues of concern.
Sincerely,
Gregory G. Wiech
Project Coordinator
For Business Park Realty Trust
enclosures
cc. Kathleen Colwell, Town Planner
Paul Kneeland, Business Park Realty Trust
Charles Poor, Town Printing
Frank Montiero, MHF Design Consultants
Jerry Diorio, Channel Building Company, Inc.
RESTRICTIVE COVENANTS
WHEREAS, the 'Trustees of Business Park Realty Trust have
submitted Article 38 on the 1993 North Andover Town Warrant
petitioning for the rezoning of approximately 9 acres of land ( the
"Parcel" ) from R-2 to I--1 ; and
WHEREAS, the Inhabitants of the Town of North Andover and in
particular the residents of Marian Drive have raised certain
concerns regarding the rezoning and potential development of the
aforesaid nine (9) acre parcel;
NOW, THEREFORE, in consideration of the passage of article 38
and the rezoning of the nine ( 9 ) acres from R-2 to I-1 , the
Trustees of Business Park Realty Trust do hereby covenant and agree
with the Town of North Andover, acting by and through its Planning
Board, that the following Restrictive Covenants shall apply to any
construction and development in the parcel:
1 . The maximum height of any building constructed
in the parcel pursuant to the North Andover
Zoning Bylaw dimensional requirements shall be
limited to 331 . The height measurement shall
include HVAC units, exhaust fans , or any other
machinery housed on the building roofs . The
height restriction however, shall not apply to
antennas, chimneys or breather pipes .
2 . The parcel os bisected by a stone wall which
runs from the northerly boundary of the
property in a southerly direction and then
continues southerly marking the Easterly
boundary of the parcel with land of Alison J.
Novello. This stone wall is shown on a plan
recorded at the North Essex Registry of Deeds
as Plan # 10147. and on said plan created the
boundary between "Parcel B" and land n/f of
Commadore Corp & Capricorn Corp. in addition
to the normal screening and landscaping
requirements for the Industrial Districts the
aforesaid stone wall shall determine the
easterly boundary of a 50' "no cut" zone
parallel to the stone wall . Furthermore,
there shall be an additional 50, zone parallel
to the "no cut" zone which may be landscaped
but not paved . This landscape zone may,
however, contain pedestrian walkways , not to
exceed 5 ' in width. Within the landscape zone
and adjacent to its border with the "no cut"
zone, one row of evergreens shall be planted
prior to the issuance of a Certificate of
Occupancy for any structure in the parcel .
3 . At least one ( 1 ) groundwater monitoring well
shall be constructed with each building
constructed within the parcel at the direction
of the Building Inspector. The Town of North
Andover through its Board of Health or
appointed agent shall have the right to
maintain said will and to take ground water
samples on a yearly basis, or more frequently
if necessary.
4 . In addition to the Zoning Bylaw requirements ,
and site plan review requirements, the Trustee
agrees that any artificial lighting used to
illuminate any parking lots or outside areas
shall have underground wiring, and that the
lighting unit shall be shrouded, shielded or
recessed so as to not cast any direct rays
from such lighting units off of the parcel .
S . In addition to the normal screening and
landscaping requirements for industrial
districts, the Trustee agrees that any
external trash or removal bins shall be
contained within a solid wood or masonry
fence or structure of at least eight (8) feet
in height so that any compactors or bins are
visually hidden. FurthermorLa, all loading
docks and parking lots shall be cleared of all
debris and unused manufacturing material on a
daily basis any unused assembly, packing,
shipping or manufacturing material must be
contained in an enclosed area so that it is
visually hidden.
6 . Any development within the parcel shall comply
with the Massachusetts Environment Protection
Agency regulations regarding Environmental
Protection regulations regarding air pollution
emissions and noise emissions .
(a) . The Division of Air Quality control policy
( 310 CMR 7 . 10 ) reads as follows .
POLICY
A source of sound will be considered to be
violating the Department' s noise regulation
( 310 CMR 7 . 10 ) if the source:
1 . Increases the broadband sound level
by more than 10 db (A) above
ambient, or
2 . Produce a "pure tone" condition
when any octave band center
frequency sound pressure level
exceeds the two adjacent center
frequency sound pressure levels by 3
decibels and more.
These criteria are measured both at the property
line and at the nearest inhibited residence .
Ambient is defined as the background A®weighted
sound level that is exceeded 90% of the time
measured during equipment operating hours . The
ambient may also be established by other means with
the consent of the Department.
(b) Any development shall also comply with
sections 1®7 of the Massachusetts Dept. of
Environmental Protection Act 7 .09U Dust, Odor,
Construction and Demolition regarding air
pollution emissions, and Section 7 . 10U Noise
regarding noise emissions (310 CMR 118 ) .
7 . The parcel shall not be used for, nor have
located on it any sort of helicopter landing
pad.
8 . The Trustee recognizes that the neighbors on
Marian Drive are concerned about the potential
use of the rezoned premises and the potential
for the creation of noise. While not
intending to restrict the use or operation of
the parcel, the trustee hereby acknowledges
the right of the North Andover Planning Board
to impose, through its Site Plan Review, any
reasonable restrictions on the hours of
operation of any businesses that may be
located in the parcel that are likely to
generate manufacturing or warehouse or truck
noise. Depending on the use, such
restrictions might include the banning of
"third shift" or Sunday operations and
external refrigeration units, other than
normal HVAC units for the air conditioning of
the premises . No commercial vehicle in excess
of two (2 ) ton gross weight shall idle or
operate on the premises between the hours of
11 P .M. and 6 A.M. , or on Sunday.
The Trustee hereby grants to the Town of North Andover,
acting by and through its Planning Board, the right to enforce
the obligations of this Covenant, including, but not limited to
the right to have this Covenant enforced in court and to
collect reasonable attorneys ' fees and other costs that may
arise out of such enforcement action .
This Covenant shall run with the land and be binding upon the
grantor, its successors, heirs or assigns , and shall insure to
the benefit of the Town and its inhabitants . This Covenant hall be
held in escrow by the North Andover Town Counsel until such time
as the rezoning described herein either receives the approval of
the Attorney General without Attorney General Action , at which time
the Town shall cause to have this Covenant recorded at the North
Essex Registry of Deeds at the Expense of the Trustee.
The property to which the Covenant shall apply is off of
Flagship Drive, North Andover, Essex County, Massachusetts , more
particularly bounded and described as follows:
EASTERLY: by land of ARC Corporation and land of Alison
J. Novello;
SOUTHERLY: by land of Alison J. Novello;
EASTERLY: by land of Alison J . Novello;
SOUTHERLY: by land of the Trustees of Reservations ;
WESTERLY: by land of the Trustees of Reservations ;
SOUTHERLY: by land of the Trustees of Reservations ;
WESTERLY: by land of the Trustees of Reservations ;
NORTHERLY: by land of Business Park Trust and land of WOR
Associates Limited Partnership.
Being a portion of the premises conveyed to the Trustee of
the Business Park Realty Trust under Declaration of Trust recorded
in the North Essex Registry of Deeds in Book 1962, Page 50 , in two
deeds, the first being recorded in Book 1962, page 56 , and the
second being recorded in Book 1962 page 57 .
Signed as a sealed instrument this 12th day of June, 1995
Business Park Realty Trust
by:
Paul J. iee .and -S ven R. Webster
Trustee Trustee
COMMONWEALTH OF MASSACHUSETTS
Essex, ss , June 12, 1995
The personally appeared the above named Paul J. Kneeland and
Steven R. Webster, Trustees of Business Park Realty Trust and
acknowledged the forgoing instrument to be the free act and deed of
said trust, before me
Nota ty tPlic My Comm ion Expires : J3, r3/
Tech Environmental, Inc.
Reservoir Place
...,. a. 1601 Trapelo Road
Waltham, MA 02154
(617)890 2220
May 30, 1996 Ref 1408
Mr. Joseph Mahoney, Chairman
North Andover Planning Board
120 Main Street
North Andover, MA 01845
Re: Noise Study -- Proposed Town Printing Facility
Lot 1A, North Andover Business Park Extension
Dear Mr. Mahoney:
Tech Environmental, Inc. has been retained by Channel Building
Company, Inc. to perform a noise study for a proposed print shop at
Lot lA of the North Andover Business Park Extension. The
objectives of this study were to establish existing background
noise levels at the nearest residences and property line, and to
determine the noise impacts from the proposed facility's rooftop
HVAC units at these locations. This letter summarizes the results
of our analysis and concludes that this facility will be in
compliance with the restrictive covenant pertaining to noise
impacts.
EXISTING SOUND LEVELS
Ambient baseline sound level monitoring was conducted at the
nearest residences and at the nearest adjacent property early
Friday morning May 24 , 1996. The ambient baseline sound levels
were measured at a time period when human activity is at a minimum
and thus future noise impacts from the proposed facility's rooftop
HVAC equipment may be most noticeable.
The first measurement, representative of the nearest property line,
was conducted from approximately 1 : 00 a.m. to 1 : 55 a.m. at the rear
of the Kenics parking lot, located in the Business Park adjacent to
Lot 1A. The second measurement, representative of the nearest
residences, was conducted from approximately 2 : 25 a.m. to 3 : 20 a.m.
at the street edge in front of 123 Marian Drive.
At the nearest property line, the pre-construction average sound
level (L,,) was 53 decibels on an A-weighted scale (dBA) . The
ambient background (L90) was 43 dB (A) . The existing maximum sound
level at this location was 80 dB (A) . The existing sound levels
were dominated by Kenics operations .
The pre-construction average sound level (L,q) at 123 Marian Drive
was 39 dB(A) . The ambient background (L90) at this location was 33
dB(A) which is extremely low even for a suburban area. The
Mr. Joseph Mahoney 2 May 30, 1996
existing maximum sound level at 123 Marian Drive was 50 dB(A) . A
"pure tone" at 63 Hz was measured in the existing sound levels at
this location from an undetermined source in the area.
FUTURE SOUND LEVELS
The primary sources of noise at the proposed facility will come
from HVAC rooftop units, and vehicular traffic accessing the site.
Truck noise impacts will be negligible as these will occur during
normal weekday business hours (Monday-Friday, 8 a.m. to 5 p.m. ) .
Reference sound power level (LW) data for the tentative HVAC
rooftop layout (fifteen 12 . 5 and 20 ton capacity units) were
obtained from a representative HVAC manufacturer (Lennox) in
accordance with the Air Conditioning & Refrigeration Institute
Standard 270-84 for sound level data. Rooftop HVAC unit locations
were based on drawing number A2-1 prepared by Channel Building
Company (dated 5/16/96) . These data were then extrapolated to the
nearest residences and property line. All HVAC units were assumed
to be 15 ton capacity on average (L, = 78 dBA) .
Assuming an uninterrupted line-of-sight from the rooftop units to
the nearest property line at Kenics and the nearest residences at
Marian Drive, the future total sound pressure level (LP) of the HVAC
rooftop units are predicted to be 46 dB (A) and 31 dB(A) ,
respectively. This is a result of the decrease of sound pressure
levels with distance due to atmospheric spreading of the sound
waves. This calculation assumes all units are running at their
maximum capacity during the quietest middle-of-the-night period.
Combining the future impact of the HVAC units with the existing
background yields a future ambient background level of 48 dB(A) at
the nearest property line, and 35 dB (A) at the nearest residences.
Therefore, the HVAC units will increase background levels by 5
dB (A) at the nearest property line, and by 2 dB(A) at the nearest
residences on Marian Drive. The spreadsheet summarizing these
calculations is attached to this letter for verification. The
restrictive covenant, which incorporates the State noise
regulations, limits equipment noise increases to no more than 10
dB (A) above existing ambient levels.
Octave band information was only available for the Lennox units and
showed that for a variety of cooling capacities, no "pure tone"
condition would be present from these HVAC units. A "pure tone" is
defined as when any octave band center frequency sound pressure
level exceeds the two adjacent center frequency sound pressure
levels by 3 decibels or more.
CONCLUSIONS
While the precise tonnage, location, and manufacturer have not yet
been selected for the HVAC systems on this project, it has been
Mr. Joseph Mahoney 3 May 30, 1996
demonstrated that the restrictive covenant for noise impacts can
easily be met using preliminary design estimates. Exact noise
impacts for the final design will be calculated and confirmed when
the final HVAC engineering has been completed. In general,
however, to minimize noise impacts the following steps should be
incorporated in the HVAC design:
1) Sound level data from various HVAC vendors shows that
there is often no difference in noise levels between a
10, 12 . 5, 15 or 20 ton capacity unit. Therefore, specify
fewer higher capacity units,
2) Where practical, locate the units on the roof as far as
possible from the direction of the nearest residences.
Assuming 15 ton Lennox units as an example, the following sound
level impacts were predicted which easily meet the restrictive
covenant:
Scenario Nearest Property Nearest Residence
Kenics Marian Drive
Existing--Background (L90) 43 dB(A) 33 dB(A)
Average (L,,) 53 dB(A) 39 dB(A)
Maximum (L,,,,,) 80 dB(A) 50 dB(A)
Proposed Facility
HVAC Units 46 dB(A) 31 dB(A)
Future Background 48 dB(A) 35 dB(A)
Increase Over
Existing Background 5 dB (A) 2 dB(A)
I hope this information is helpful as you review the proposed
project.
Sincerely,
TECH ENVIRONMENTAL, INC.
r
Robert D. O'Neal
Member, Acoustical Society of America
RDO\L1
Enclosure
cc: Gregory Wiech, Channel Building Company, Inc.
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