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HomeMy WebLinkAboutMiscellaneous - 27 CHARLES STREET Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer, use only the tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Massachusetts Electric C/O Melissa Hall Town Of North Andover return key. Name Name 1101 Turnpike Street 120 Main Street Mailing Address Mailing Address North Andover Ma 01845 North Andover Ma 01845 Citylrown State Zip Gode City/Town State Zip Code n '1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Title Date Feeder get away cables, North Andover Junction Substation#71 (Sheets 1 &2) revised 2/21/03 Title Date RDA 2/13/03 Title Date 2. Date Request Filed: 2/14/03 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): The project involves the removal of existing underground direct buried cables and the installation of several new underground conduits and cables encased in concrete located approximately 3.5 feet below the ground surface. The proposed construction related activities are located within the 100 foot Buffer Zone, and the locally regulated 50-foot No-Build Zone and the 25-foot No Disturbance. The proposed conduits and cables will be located either within the substation property or entirely within the existing roadway layout of Charles Street,either within the shoulder of the roadway. Project Location: Charles Street North Andover Street Address City/Town Map 72 Lot 15 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.12/15/00 Page t of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability `1y Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging,or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•rev.12/15/00 Page 2 of 5 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s),which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑. 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). See attached special conditions ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.12/15/00 Page 3 of 5 DETERMINATION OF APPLICABILITY Charles Street Substation 1. All proposed activities shall comply with the RDA dated February 13, 2003 and"Feeder Getaway Cables North Andover Junction Substation#71 North Andover, MA" site plans dated 2/21/03. 2. Prior to construction, erosion controls must be installed according to the record plan. 3. The Conservation Department must be notified for a pre-construction inspection prior to the commencement of work. 4. All disturbed areas must be seeded and stabilized upon completion of activities. 5. Erosion controls must be removed upon completion of activities and stabilization of the site. L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on [/by certified mail, return receipt requested on Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by majority of the Conservation Comm' 'on.A copy must be sent to the appropriate DEP Regional Offic (see Appendix A)and the prope owner(if erent from the applica ). Signatures: 21 Date wpaform2.doc•rev.12/15/00 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office(see Appendix A)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and Fee Transmittal Form(see Appendix E: Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•rev.12/15/00 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A — DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 i Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Were Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1 100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Laneslmrough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton _ Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon DuxWry Halifax NewBedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947 6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD: 508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough, Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hutt Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Minis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 Billerica Dracut Lovell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Maiden Newton Somerville Weymouth Brookline Georgetown Manchester-By-Tire-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform2.doc•Appendix A•rev.11/22/00 Page 1of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. CitylTown State Zip Code 4:1 Phone Number Fax Number(if applicable) Project Location ienxn Mailing Address City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address Cityf'rown State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston,MA 02211 wpaform2.doc•Appendix E•rev.2/00 Page t of 2 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc•Appendix E•rev.2/00 Page of Cl • s .vt 2 ? JOYCE BRX� SHAW WN OF NORTH ANDO -VER TOWN CLERK Any appeal shall be filedTONORTH ANDOVER MASSACHt; SETTS within (20) days after the AUG 12 12 35 PM '96 date of filing of this Notice. 0 °oT;,yo in the Office of the Town Clerk. ' ^� - •V ZA US NOTICE OF DECISION z, Date. .August 12,,. 1996 . . . . . . . . . Date of Hearing July 16, Aug, 6,1996 Charles T. Matses Realty �y. Petition of . . . . . . . . . . . . . . . . . . . . s 27 Charles Street Premises affected . . . . . . . . . . . . . . . . . . . . . i:. Referring to the above petition for a special permitfrom the requirements North Andover Zoning Bylaw Section 8.3 (site.plan review) ofthe . . . . . . . . . . . . . . . . . allow construction of, a 9200 Sq. ft two•story.building. . . . . . . . . so as to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . p��i� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SEP 3'96 PM1 47 = M 1 fuer' a public hearing Elven on the above date, the planning $Oard Voter? go U, CONDITIONALLY to APPROVE SPECIAL PERMIT . • x . . . . . . . .the . . . . . . . . . • based upon the following conditions J CC: Director of Public Works Building Inspector J' F A J Natural Resource/Land Use Planner Health Sanitarian Signed Assessors Police Chief J_oseh. V.. Mahoney: Chairman, , . • • Fire Chief Applicant Richard. Rowen, Vice. Chairman . , Engineer File Alison.Lesc. . . . . . : Clerk. . • • Interested Parties Richard.Nardella . . . . . . . . . . . . . . . . . . . . gam, 445P5 ro Town of North Andover f NORTH 1 OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street " 1 • North Andover,Massachusetts 01845 ��"�,,..a 0."�y WILLIAM J. SCOTT SSACNuSE Director August 12, 1996 Ms Joyce Bradshaw _ Town Clerk 120 Main Street Nc . Andover, MA 01845 Re : Special Permit/Site Plan Review - 27 Charles Street Dear Ms . Bradshaw: The North Andover Planning Board held a public hearing on Tuesday evening, July 16, 1996 at 7 : 30 p.m. in the Senior Center behind the Town Building, on the application of Charles T . Matses Realty, 200 Sutton Street, No . Andover, MA 01845 for a special permit under Section 8. 3 (Site Plan Review) of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on June 26 and July 3, 1996 and all parties of interest were duly notified. The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella and John Simons . The petitioner was requesting a special permit to allow for the construction of _a 9200sqft two story building. The premises affected is 27 Charles Street, North Andover, MA 01845 . -harles Matses, Charles Construction, is seeking to put a 9200 SF two story addition onto the exiting UPS building on Charles Street for use as an office building. Charles Street is a private road owned and maintained by Mr. Matses . No additional impervious surface will be created therefore no drainage review or topography was provided. The building conforms to all building setback requirements and parking space requirements . Specific, species have not been submitted however the areas to be landscaped have been shown on the plan. There will not be any additional lighting in the rear of the building. All lighting will be shielded and will shine away from the neighbors . Mr. Simons questioned the building materials . 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 6K 4585 PG 'A29 Mr. Matses stated that the building have a steel frame with stow (?) coating which is 'similar to stucco. The color of the building will be creme with accent colors . Mr. Simons requested a side elevation be provided. Mr. Rowen questioned where the entrance sign will be located. There was a general discussion that this site was not as visible as others in town. The project is an addition to an existing building in an industrial zone. Laura Duffy, ' 3 Ellis Street, expressed concern about the back of the building, the lighting, the limit of pavement, the construction hours, etc. Mr . Matses replied that there will be no additional paving and no additional lighting planned. If there is any additional lighting it will be reviewed by the Planning Board. The construction will take approximately 5 to 6 months and will take place approximately between the hours of 7 :30 a.m. to 4 : 30 p.m. Monday through Friday with a few Saturdays . Ms . Colwell stated that the police department will control the hours of construction . Mr. Rowen expressed concern about the HVAC units .; Mr. Matses stated that there will only be office use, there will not be any industrial uses which require large capacity units . No trucks will be parked/stored outside. The Planning Board requested Mr. Matses to provide the Board with a landscaping plan, a side elevation, signs location and stated that the Board will have final review over the lighting. On a motion by Mr. Rowen, seconded by Mr. Nardella, the Planning voted to close the public hearing. Mr. Simons was opposed,. The staff was directed to revise the draft decision for the next meeti'_ng. The North Andover Planning Board held' a regular meeting on August 6, 1996 . The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and Richard Nardella. Ms . Colwell had a draft decision prepared for the Board' s review. On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted as follows on the amended draft decision: In favor: Abstaining: 2 BK 4-51$5 PG %30 ' Mr. Mahoney Mr. Angles Mr. Rowen Ms . Lescarbeau Mr. Nardella Attached are those conditions . Sincerely, `&seph V. Mahoney, Chairman North Andover Planning Board 3 s 4585 PG ' 32 2 c) The site plan mylars must be signed Planning Board. d) The site plans must be submitted to the Town Planner for review within ninety days of filing the decision with the Town Clerk. e) A bond in the amount of two thousand ($2,000) dollars shall 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 and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. f) 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. 2. Prior to FORM U verification(Building Permit Issuance): a) The plans must be signed and three(3) copies of the signed plans must be delivered to the Planning Department. b) This decision shall be recorded at the Essex North Registry of Deeds and a certified copy delivered to the Planning Staff. 3. The operation of heavy construction equipment will be limited to the hours of 7:30 a.m. to 4:30 p.m.Monday through Friday. 4. Prior to verification of the Certificate of Occupancy: a) The building mustbe constructed as presented to the Planning Board and as shown on the following plans i) Plans titled: Proposed Add. &Alt. Charles St. Scale: 1"=20' Date: 6/4/96 Drawing Number: C-1 ii) Plans titled: Conceptual Design-Front,Elevation Charles Street Andover,MA Prepared by: John Daly Associates Shaw Drive Wayland,Massachusetts 01778 Prepared for: Charles T. Matses Realty Sutton Street Andover,MA b) No new lighting shall be added to the rear of the building.` All new artificial lighting used to illuminate the site shall be approved by the Planning Staff. All fighting shall 27 Charles Street Site Plan Review- Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 9200 SF addition to an existing building located at 27 Charles Street located in the Industrial-S Zoning District. This Special Permit was requested by Charles T. Matses Realty, 200 Sutton Street, North Andover, 01845. This application was filed with the Planning Office on June 21, 1996. FINDINGS OF FACT: The Planning Board makes the following findings as required by Section 8.3 and 10.3 of the Zoning Bylaw: 1. The specific site is an appropriate location for the project as it is zoned for industrial use. 2. The use, as developed, will not adversely affect the neighborhood as this is an addition to the existing building. The addition will be on the Charles Street side, not in the rear adjacent to the residential zone. 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. The landscaping plan approved as a part of this p1 an meets ther requirements of Section 8.4 of the Zoning Bylaw with review by the Planning Board, however specific plant species must be submitted; 5. The site drainage system is designed in accordance with the Town Bylaw requirements subject to the conditions of this decision. No additional impervious surface will be added; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Seotion 8.3 of the Zoning Bylaw; 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this project generally complies with the Town of North Andover ZoningBylaw requirements as fisted in Section 8.3 5 but requires conditions in order to be full in � � � ) eq Y compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Prior to any construction on site,the applicant shall comply with the following: a) An elevation of the building showing the side closest to Sutton Street must be reviewed and approved by the Planning Board. b) The plans must be signed and stamped by a certified architect, landscape architect, or professional engineer, registered in the Commonwealth of Massachusetts. gn" 0 ua x—n I j1% =a-JC=Danal have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The site shall be reviewed by the Planning Staff. Any changes to the approved lighting plan as_may be reasonably required by the Planning Staff shall be made at the owner's expense. C) A landscape plan showing the location and species of plants must be submitted to the Planning Office for review and approval. d) All buildings shall have commercial fire sprinklers installed in accordance with the North Andover Fire Department. e) The site must have received' all necessary permits and approvals from the North Andover Board of Health and the Conservation Commission. 5. Prior to the final release of security; a) The site shall be reviewed by the Planning Staff. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. b) A final as-built plan showing the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Division of Public Works. 6. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 7. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 8. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 9. All catch basins shall be protected and maintained during construction with hay bales to prevent siltation into the drain lines. 10. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 11. No underground fael storage sha'u be installed except as ,may be allowed by Regulations. 12. All signs must consistent with the signage currently on site and must comply with the sign bylaw. 13. All proposed mechanical devices (i.e.: HVAC, vents, etc.) must be placed in such a manner that they are not visible from the roadway. 14. 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. K 45R5 FG 34 - 15. 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. 16. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 17. This Special Permit approval shall be deemed to have lapsed afterI , , - / (two years from the date permit granted) unless substantial use ord construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board: 18. The following information shall be deemed part of the decision: a) Plans titled: Proposed Add. &Alt. Charles St. Scale: 1"=20' Date: 6/4/96 Prepared by: Charles T. Matses Realty Drawing Number: C-1 b) Pians titled: Conceptual Design-Front Elevation Charles Street Andover,MA Prepared by: John Daly Associates Shaw Drive Wayland,Massachusetts 01778 Prepared for: Charles T. Matses Realty Sutton Street Andover,MA cc: Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Plannin a Board Police Chief Fire Chief Applicant Engineer File 27 Charles St. Site Plan Review PUAh�iL�G BOA�� JOYCE BR DSHAW WN OF NORTH ANDOVER TOWN CLERK Any appeal shall be filedTONORTH ANDOVER MASSACHUSETTS within (20) days after the AUG 12 12 35 PM '96 pORT" date of filing of this Notice in the Office of the Town Clerk. ,'2SA Nus NOTICE OF DECISION Date. August 12,. 1996.. . . . . . . . . . Date of Hearing July, 16,,Aug, 6,1996 Charles T. Matses Realty Petition Of , . _ . . . Chale Premises affected . . 2?. . . . .. . .. Street. . . . , . , . . . , , Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw Section 8.3 (site plan review) of the . . . . . . . . . . . . . . . . . . allow construction of a 9200 Sq ft two story building. so as to � . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to .APPROVE . . . . . . SPECIAL. PERMIT .the based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Signed Assessors Police Chief Joseph. V. Mahoney.. Chairman, , , , Fire Chief . • . . • . • . • • Applicant Richard.Rowen., Vice.Chairman, Engineer File Alison.Lescarbeau;. Clerk. . . . .. . . interested Parties . • • � Richard.Nardella, , , , , , , , , , , , , , , , John Simons .. . . . . . . . "fllannng . Board Town of North Andover E NORTH OFFICE OF 3�o . o ,e tio04 COMMUNITY DEVELOPMENT AND SERVICES p 146 Main Street • North Andover,Massachusetts 01845 q"o•,..o.•P �y WILLIAM J. SCOTT SSgcHU Director August 12, 1996 Ms . Joyce Bradshaw Town Clerk 120 Main Street No . Andover, MA 01845 Re: Special Permit/Site Plan Review - 27 Charles Street Dear Ms . Bradshaw: The North Andover Planning Board held a public hearing on Tuesday evening, July 16, 1996 at 7: 30 p.m. in the Senior Center behind the Town Building, on the application of Charles T. Matses Realty, 200 Sutton Street, No. Andover, MA 01845 for a special permit under Section 8 . 3 (Site Plan Review) of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on June 26 and July 3, 1996 and all parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella and John Simons . The petitioner was requesting a special permit to allow for the construction of -a 9200 sq ft two story building. The premises affected is 27 Charles Street, North Andover, MA 01845 . Charles Matses, Charles Construction, is seeking to put a 9200 SF two story addition onto the exiting UPS building on Charles Street for use as an office building. Charles Street is a private road owned and maintained by Mr. Matses . No additional impervious surface will be created therefore no drainage review - or topography was provided. The building conforms to all building setback requirements and parking space requirements . Specific species have not been submitted however the areas to be landscaped have been shown on the plan. There will not be any additional lighting in the rear of the building. All lighting will be shielded and will shine away from the neighbors Mr . Simons questioned the building materials . l BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Mr. Matses stated that the building have a steel frame with stow (?) coating which is similar to stucco. The color of the building will be creme with accent colors. Mr. Simons requested a side elevation be provided. Mr. Rowen questioned where the entrance sign will be located. There was a general discussion that this site was not as visible as others in town. The project is an addition to an existing building in an industrial zone. Laura Duffy, 3 Ellis Street, expressed concern about the back of the building, the lighting, the limit of pavement, the construction hours, etc. Mr. Matses replied that there will be no additional paving and no additional lighting planned. If there is any additional lighting it will be reviewed by the Planning Board. The construction will take approximately 5 to 6 months and will take place approximately between the hours of 7: 30 a.m. to 4 : 30 p.m. Monday through Friday with a few Saturdays . Ms . Colwell stated that the police department will control the hours of construction. Mr. Rowen expressed concern about the HVAC units. Mr. Matses stated that there will only be office use, there will not be any industrial uses which require large capacity units. No trucks will be parked/stored outside. The Planning Board requested Mr. Matses to provide the Board with a landscaping plan, a side elevation, signs location and stated that the Board will have final review over the lighting. On a motion by Mr. Rowen, seconded by Mr. Nardella, the Planning voted to close the public hearing. Mr. Simons was opposed. The staff was directed to revise the draft decision for the next meeting. The North Andover Planning Board held a regular meeting on August 6, 1996. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and Richard Nardella. Ms . Colwell had a draft decision prepared for the Board' s review. On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted as follows on the amended draft decision: In favor: Abstaining: 2 Mr. Mahoney Mr. Angles Mr. Rowen Ms. Lescarbeau Mr. Nardella Attached are those conditions. Sincerely, /fir `Joseph V. Mahoney, Chairman North Andover Planning Board 3 27 Charles Street Site Plan Review-Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 9200 SF addition to an existing building located at 27 Charles Street located in the Industrial-S Zoning District. This Special Permit was requested by Charles T. Matses Realty, 200 Sutton Street, North Andover, 01845. This application was filed with the Planning Office on June 21, 1996. FINDINGS OF FACT: The Planning Board makes the following findings as required by Section 8.3 and 10.3 of the Zoning Bylaw: 1. The specific site is an appropriate location for the project as it is zoned for industrial use. 2. The use, as developed, will not adversely affect the neighborhood as this is an addition to the existing building. The addition will be on the Charles Street side, not in the rear adjacent to the residential zone. 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. The landscaping plan approved as a part of this plan meets the requirements of Section 8.4 of the Zoning Bylaw with review by the Planning Board, however specific plant species must be submitted; 5. The site drainage system is designed in accordance with the Town Bylaw requirements subject to the conditions of this decision. No additional impervious surface will be added; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3(5) but requires conditions in order to be My in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Prior to any construction on site,the applicant shall comply with the following: a) An elevation of the building showing the side closest to Sutton Street must be reviewed and approved by the Planning Board. b) The plans must be signed and stamped by a certified architect, landscape architect, or professional engineer, registered in the Commonwealth of Massachusetts. c) The site plan mylars must be signed Planning Board. d) The site plans must be submitted to the Town Planner for review within ninety days of filing the decision with the Town Clerk. e) A bond in the amount of two thousand ($2,000) dollars shall 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 and,drainage facilities is submitted. The bond is also in1 p ace to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. fl 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. 2. Prior to FORM U verification(Building Permit Issuance): a) The plans must be signed and three(3)copies of the signed plans must be delivered to the Planning Department. b) This decision shall be recorded at the Essex North Registry of Deeds and a certified copy delivered to the Planning Staff. 3. The operation of heavy construction equipment will be limited to the hours of 7:30 a.m. to 4:30 p.m.Monday through Friday. 4. Prior to verification of the Certificate ofOccupancy: a) The building must be constructed as presented to the Planning Board and as shown on the following plans: i) Plans titled: Proposed Add. &Alt. Charles St. Scale: 1"=20' Date: 6/4/96 Drawing Number: C-1 ii) Plans titled: Conceptual Design-Front Elevation Charles Street Andover,MA Prepared by: John Daly Associates Shaw Drive Wayland,Massachusetts 01778 Prepared for: Charles T. Matses Realty Sutton Street Andover,MA b) No new lighting shall be added to the rear of the building. All new artificial lighting used to illuminate the site shall be approved by the Planning Staff. All lighting shall have underground wiring and shall be so a=ged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The site shall be reviewed by the Planning Staff. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. c) A landscape plan showing the location and species of plants must be submitted to the Planning Office for review and approval. d) All buildings shall have commercial fire sprinklers<installed in accordance-with the North Andover Fire Department. e) The site .must have received all necessary permits and approvals from the North Andover Board ofHealth and the Conservation Commission. 5. Prior to the final release of security: a) The site shall be reviewed by the Planning Staff. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. , b) A final as-built plan showing the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Division of Public Works. 6. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 7. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 8. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 9. All catch basins shall be protected and maintained during construction with hay bales to prevent siltation into the drain lines. 10. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 11. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 12. All signs must consistent with the signage currently on site and must comply with the sign bylaw. 13. All proposed mechanical devices (i.e.: HVAC, vents, etc.) must be placed in such a manner that they are not visible from the roadway. 14. 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. 15. 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. 16. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 17. This Special Permit approval shall be deemed to have lapsed after (two years from the date permit granted) unless substantial use ord construction has commenced. Substantial use or construction will be determined<by a majority vote of the Planning Board. 18. The following information shall be deemed part of the decision: a) Plans titled: Proposed Add. &Alt. Charles St. Scale: 1"=20' Date: 6/4/96 Prepared by: Charles T. Matses Realty Drawing Number: C-1 b) Plans titled: Conceptual Design-Front Elevation Charles Street Andover,MA Prepared by: John Daly Associates Shaw Drive Wayland,Massachusetts 01778 Prepared for: Charles T. Matses Realty Sutton Street. Andover,MA cc: Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 27 Charles St. -Site Plan Review