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HomeMy WebLinkAboutMiscellaneous - 45 BEECHWOOD DRIVE Lot 2A Off Osgood Street Beechwood Hill Subdivision 310. CMR 10 - 99 DEP Fite No. (To be provided by DEP) Form 2 North Andover City/Town e Applicant Alfred Con tarino Commonwealth of Massachusetts bate Request Filed 07-25-96 NEGATIVE Determination of Applicability Massachusetts Wetlands Protection Act, G.L. ' c. 131, 540 From North Andover Conservation Commission Issuing Authority To Alfred Contarino Alfred Contarin.o (Name of Person making request) (Name of property owner) Address 1755 Osgood Street Address 1755 Osgood Street No. Andover No. Andover MA 01845 This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) by certified mail, return receipt requested or_,l�/P�.��.0 �, � 9�?&date) Pursuant to the authority of G.L. c.131, §40., the No: Andover Comservation Commission has considered your request for a Determination of Applicability 'and its sup- porting documentation, and has made the following determination (check whichever is applicable) : Location: Street Address Lot 2A Off Osgood Street (Beechwood Hill Subdivision) Lot Number: Lot 2A This Determination is positive. 1. ❑ The area described below, which includes all/part of the area described in your request, is an Area Subject to Protection Under the Act. Therefore, any removing, filing, dredging or altering of that area requires the filing of a Notice of Intent. 2. ❑ The work described below, which includes all/part. of the work described in your request, 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. ' 2-1 Effective 11/10/89 3 . ❑ The work described below, which includes all/part of the work described in your request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: 1. ❑ The area described in your request is not an Area Subject to Protection Under the Act. 2. ❑ The work described in your request is within an Area Subject to Protectioi, Underthe Act, but will not remove, fill, dredge, or alter that ares. Therefore, said work does not require the filing of a Notice of Intent. 3. The work described in your request is within the Buffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under 'n re the Act. Therefore, said work lees not quire the filing of a Notice of Intent. . 4. ❑ The area described in your request is Subject to Protection Under the Act, but 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: Issued by North Andove Conservation Commission Signatur ) ALA 4L7�' This l nation ust signed by a majority of the Conservation Commission. On this 7th day of August 19 96 , before me personally appeared Joseph W. Lynch, Jr. to me known to be the person described in, and who executed, the foregoing instrumerit, and acknowledged that he/else executed the same as his/hear free act and deed. r March 22, 2002 No any Public My Commission Expires This Determination does not relieve the applicant from complying with all other applicable federal, state or Local,statutes,,ordinances, by-laws or regulations. This Determination shall be valid for three years from the date of issuance. The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the (and 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 Department of Environmental Protection to issue a Superseding Determination of Applicability, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten 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 the applicant. 2-2A eceived by Town Clerk : BE +1" • . Jfl"�OE PRAB��iAtllt FORM Ni3RTH ANDOVER APPLICATION FOR ENDORSEMENT OF RLANn '96 4 BELIEVED NOT TO RE UIRE APPROVAB6 August 1 19 96 To the Planning Board of the Town of North Andover; The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control ' Law is not required. The undersignedbelieves that such approval is not required for the following _ reasons 1. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on -a public way , namely , , or a private way , namely, Beechwood Drive - Lot 2A/ lA , being land bounded as follows Northerly by land N/F Contarino; easterly by land N/F White Birch II • southe.rly by N/F Barker and ` Arlit • westerly by N/F Contarino . 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Relocation of Lot line • no additional lotscreated: required frontage and area isresent. . 3. Title reference North Essex Deeds , Book 1133 Page 279 J or Certificate of Title No . Registration Book z ' Page App Ica t ` s S n ure : Owner' s signature and address if not the applicant; same as applicant ApplAnts Address : Alfred Contarino 1755 Osgood St. North Andover , MA '01845 r Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover Planning Board has determined -that . said plan does not require approval under 'the Subdivision Control ' Law , and the appropriate endorsement has been made upon the same . 2..- The N rth ndover Planning d has determined that said plan sh s a sub ivision.,:. as efined . y - G.L. c. 41 s .. 81-L and ust therefor -submitted to fora royal under th u-bdi vi si on Control Law. h Very truly yours , k NORTH ANDOVER. PLANNING BOA By : Date %2 - G> co 1311 Gr 0 .� eceived by Town Clerk : FORMA .. APPLICATION FOR ENDORSEMENT OF PLA a � BELIEVED NOT TO REQUIRE APPROVAh„r. August 1 is 96 To the Planning Board of the Town of North Andover: The undersigned wishes to record the a°ccompanyng plan and requests a determination by said Board that approval by it under the Subdivision Control ' Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land shown on the accompanying plan is not a sub division because every- lot- shown thereon ` has the amount of frontage required by the North Andover Zoning By Law and is on `a public way , namely , , or a private way , namely , Beechwood Drive — Lot 2A/: lA , beingland bounded as fol l Ows Northerly by land N/F Contarino; easterly by land N/F White Birch II • s.outhe.rly by N/F Barker and Arlit,; westerly b N/F Contarino. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Relocation of Lot line • no additional lots c-r�eatpd : required fronts e and area is present .' 3. Title reference North Essex Deeds , Book11`_, Page 279 or Certificate of Title No Registration Book ; Page A pl ' ' s g ature : Owner's signature and address if not 3 the applicant : same as applicant APpli nt ' s Address : Alfred Contarino 1755 Osgood St. North Andover MA 01845 } Received by Town Clerk : r r Notice to APPLICANTITOWN CLERK of action of Planning Board on accompanying plan : 1. The North Andover Planning Board has determined .that said plan does not require approval. under the Subdivision Control Law ,. and the appropriate endorsement has been made upon the same . Z. , The North Andover Planning Board has determined that said plan shows a subdivision.,_.. as ' define.d by. G. L. c. 41 , s .. 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING BOA By: Date : y _ Ae ro,,� 13 1111AW04* A 0Xe4C ro R G'4 vvy X00 ' P� �� '4W&*au -"1r G�,2�� s WILLIAM F.WELD GOVERNOR ARGEO PAUL CELLUCCI . 1►KETING N0TIC]3 LIEUTENANT GOVERNOR TRUDY COXE Tel: (617)727-9800 SECRETARY Fax: (617)727-2754 hftp://www.magne!.state.ma.us/envir TO: Distribution FROM: William T. Gage, MEPA-Unit> DATE: August 30, 1996 SUBJECT: Beechwood Hill Industrial Subdivision - North Andover EDEA# 10868 ----------------------------------------------------------------- An Environmental Notification Form has been submitted for this project . According to MGL Chapter 30, Section 62, the Secretary of Environmental Affairs must issue a determination regarding the significance of the potential environmental impacts of this project, and must determine whether an Environmental Impact Report should be required to document these impacts and all feasible means to reduce damage to the environment . Therefore, a consultation meeting will be held to receive" advice and comment from agencies, officials, andcitizensregarding which environmental issues, if any, are significant for this project . Opinions as to the extent of significance of possible environmental impact will be welcome. The meeting is scheduled as follows : v DATE: September 11, 1996, Wednesday cs-� 4,V>o TIME: 2 : 30 pm LOCATION: Beechwood Hill (Site) -1045 Osgood Street -a North Andover The meeting will include a brief presentation of the project by the proponent, with periods for questions, answers, and open comment . Additional comments will be welcome" in writing prior to September 12 , 1996 . Pursuant to the requirements of the Americans With Disabilities Act, this Meeting Notice is available in alternative formats upon request : Questions on the meeting may beansweredby contacting William Gage of the MEPA staff at (617) 727-5830 ext .308 . 100%RECYCLED PAPER C U tl ,io DRAB -1HAW T WN OF NORTH ANDOVER TO�l1�411-001 iK Any appeal shall be filed X A s s A c H ti s E T T s N0ON Y F R within (20) days after the AuG 27 349 PP I date of filing of this Notice in the Office of the Town NOTICE OF DECISION Date August 27, 1996 . Jizl� 2, JuJ '16, 1996 Date of Hearing ug.6. .Aug.20: 1996 Petition of . Alfred F. Con . . . . . . Premises affected Lot 2 Beechwood Hill . . Referring to the above petition for a special'permit from the requirements North Andover Zoning Bylaw Section 8.3 ,(§it9.Vj44.Zeview) ,,)f the . . . . . . . . . . . . . . . . . . . . . allow construction of a 30,000 sq ft one story building soa3 to PjR rXM* . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . [) �n V nen e t y e Plannin �aard voted th After. 3 11 Q e � d K. ue Awa 2s'r > conditionally Spec .,B� �ni.t - to A.Powp the . k based upon the following conditions: CC: Director of Public Works Building inspector Natural Resource/Land Use PlannerA� Health Sanitarian signed '4.& Assessors Police Chief Joseph V. Mahoney.,. h irman Fire Chief Applicant Richard. a Rowen, `Vice Chairmn Engineer Alison. Lescarbeau: Clerk . Eire interested Parties Richard ... . . . . . ,john Simons 'pianning. . Board August 27, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re: Special Permit/Site Plan Review Lot 2A Beechwood Hill Dear Ms . Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, July 2, 1996 at 7 : 30 p.m. in the Senior Center behind the Town Building, on the application of Alfred F. Contarino, 1755 Osgood 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 12 and June 19, 1996 and all parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, John Simons and Richard Nardella. The petitioner was requesting a special permit to allow for the construction of a 30, 000 sq ft one story building located at Lot 2 Beechwood Hill, No. Andover, MA 01845. Ms. Lescarbeau read the legal notice to open the public hearing. Ms. Colwell stated that the Planning Board approved the subdivision in 1994, but the applicant has not had the plans endorsed yet. There are a few outstanding issues to be resolved: stormwater drainage, landscaping and lighting. Phil Christiansen, Christiansen & Sergi, handed out a revised plan and drainage information. Steve Webster, Dutton & Garfield, was present and stated that Lcom has outgrown its present location and needs to expand--they have gone from 9 employees to 35. They are a design, manufacturing and distribution company requiring 10, 000 sq ft of office space, 10, 000 sq ft of manufacturing space and 10, 000 sq ft of warehouse space with the hours of operation being 7 a.m. to 1 7 p.m. They are proposing 71 parking spaces with loading zones in the rear of the building; they will be on septic system and Town water. Phil Christiansen stated that the soils are sand and gravel, very deep with almost no runoff. Mr. Rowen asked when we have rain in January, where does the the water go and Mr. Christiansen replied into a very small swale. Eileen Taylor, 21 Cherise Circle, expressed concern over the lighting, and Mr. Webster replied that the lighting will be illuminating the parking area, away from the homes. Lee Babb, Cherise Circle, concerned about noise coming from the building as he can hear plenty of noise from the AT&T building across the street. Mr. Webster replied that you really can't compare such a large structure as AT&T with Lcom, _but, of course, every effort will be made to minimize the noise. Mr. Mahoney stated that the Planning Board always tries to minimize the impact on homeowners. Bill Berger, 29 Cherise Circle, concerned about seeing the building in winter when leaves are off the trees. Mr. Christiansen replied that the building is 15' high and there is a very dense treed area present. Mr. Angles stated that possibly a row of evergreens could be planted at the rear of the building. A site walk is scheduled for 6: 00 p.m. on July 9, 1996. Continued to July 16, 1996. The North Andover Planning Board held a regular meeting on July 16, 1996. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella and John Simons . Phil Christiansen, Christiansen & Sergi, handed out new plans and storm water drainage calculations. He has responded to the concerns raised by Coler & Colantonio the outside drainage consultant. The porous pavement has been changed to leaching areas . The mechanicals have been moved behind the building the building in response to the neighbors concern about the level of noise. Pine trees have been added to the plan to screen the site from the neighbors. The wetland lone will be added to the plan however all of the work is outside of the 25' no-cut and the 50' no-build therefore no changes in the plan are anticipated. Steve Webster, Channel Building, provided a cross-section of the site to the Planing Board and the neighbors demonstrating that the building will be below the current foundations of the homes on Cherise Circle. The building is tucked down into the hill. The lighting will be directed towards the parking lot, not 2 towards the residential area. The lighting will be similar to those in the Senior Center Parking lot. A sample of the lighting was handed out. Mr. Simons questioned the building materials. Ms. Colwell stated that she received a letter from the abutters listing their concerns however many of them were addressed by the applicant tonight. Jeanne Bramanti, 35 Cherise Circle, wanted to make sure that the trees to be planted will be of a specific size, not 3" high trees . Ms. Colwell asked the Board to consider the neighbor' s request to reduce the parking area on the side of the building. Mr. Nardella expr4essed concerns about eliminating parking spaces for an industrial use. Ed Castleton, Lcom stated that the parking is needed due the number of temporary employees and handicapped and older employees. The Board decided that the parking spaces are necessary. Bill Gordon, 29 Cherise Circle, questioned the hours of operation and deliveries. Mr. Castleton stated that the hours of operation are generally between 7 : 30 a.m. and 5:30 p.m. . Mr. Rowen stated that the shipments and deliveries should be limited to the period between 7 : 00 a.m. and 11: 00 p.m. . On a motion by Mr. Rowen, seconded by Mr. Nardella, the Planning Board continued the public hearing to August 6, 1996. 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. Continuation of the public hearing. Ms. Colwell stated that there are numerous outstanding issues from Coler & Colantonio that need to be addressed. A letter was received at the Planning Office from the neighbors regarding the parking. Mr. Rowen stated that at the last meeting there was a rather lengthly discussion regarding the parking. Mr. Mahoney asked the applicant and Ms. Colwell if they could meet in the Planning Office with John Chessia to discuss the outstanding issues. Ms. Colwell will set up an appointment. Topography along the 50' buffer zone will be shown on the plan, and Ms . Colwell stated she would like the wetlands shown. The applicant asked if they could have a waiver from a formal 3 landscaping plan due to the fact that the building is in the woods and the applicant feels the landscaping they've proposed is sufficient. Mr. Rowen stated that he would like listed the number, species and height of trees to be planted. Ms . Colwell recommends subsurface infiltration on the roadway. The hours of operation will be 7 a.m. to 11 p.m. Monday thru Friday. A couple of abutters sent a letter in to the Planning Office regarding their perception of a certain Board members statements regarding the hours of operation. The abutters appeared at the meeting and a discussion ensued with all issues being resolved. Discussion of this project continued until August 20, 1996 meeting. The North Andover Planning Board held a regular meeting on August 20, 1996. The following members were present: Joseph V. Mahoney, Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and John Simons. Ms. Colwell gave the Board the latest comments from Coler & Colantonio with regards to large trucks being easily able to negotiate a turn on the property. It was discussed by the Board whether that was something they need be involved with. Phil Christiansen stated that the problem has been taken care of - the paving has been increased in the area. On a motion by Ms. Lescarbeau, seconded by Mr. Nardella, the Board voted unanimously to close the public hearing. Ms. Colwell had a draft decision prepared for discussion by the Board. On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Planning Board unanimously approved the draft decision as amended. Attached are the conditions. Sincerely, oseph V, Mahoney, hairman North Andover Planning Board 4 Lot 2 Beechwood Hill Site Plan Review- Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 30,000 SF industrial building located in the Industrial-1 Zoning District. This Special Permit was requested by Alfred F. Contarino, 1755 Osgood Street, North Andover, MA. This application was filed with the Planning Office on June 3, 1996. The Planning Board makes the following findings as required by the Zoning Bylaw Section 8.3 and 10.3: FINDINGS OF FACT: 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 the as sufficient buffer zones have been created to shield the use from adjacent residential properties. 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; 5. The site drainage system is designed in accordance with the Town Bylaw requirements subject to the conditions of this decision; 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 8.35 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: 1. Prior to any work on site,the applicant shall adhere to the following: a) The applicant must submit the mylars to the Planning Board for endorsement. b) A full set of site plans must be submitted to the Town Planner for review within ninety days of filing the decision with the Town Clerk.. c) The applicant must submit a list of species to be planted including the proposed height at the time of planting. d) A bond in the amount of ten thousand ($10,000) 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. e) 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. The operation of heavy construction equipment will be limited to between the hours of 7:00 a.m. to 5:00 p.m.Monday through Saturday. 3. Prior to FORM U verification(Building Permit Issuance): a) The plans must be endorsed 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 recorded copy delivered to the Planning Staff 4. Prior to verification of the Certificate of Occupancy: a) The applicant must a submit a letter from the architect of the project stating that the building has been constructed in conformance with the following plans as submitted to the Planning Board for review: Plan titled: Proposed Elevations Scale: 1/8"= 1" Prepared for: L-Com 1500 Osgood Street North Andover,MA Date: 7/ /96 Prepared by: Dutton&Garfield,Inc. North Andover,MA b) The landscaping must be planted as shown on the plan presented to the Planning Board as follows: Plan titled: Site Plan for Beechwood Hill in North Andover,Mass. Prepared for: Alfred Contarino Scale: 1"=40' Date: June 5, 1996;rev. 8/81996 Prepared by: Christiansen& Sergi 160 Summer Street Haverhill,MA 01830 Select on-site evergreen trees are to be transplanted to the limit of work at the top of the slope prior to construction. These transplanted trees are to be supplemented with nursery grown evergreen shrubs to provide a screen of trees and shrubs planted approximately 10 feet on center. c) All artificial lighting used to illuminate the site shall be approved by the Planning Staff. All lighting shall 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. d) The mechanical units must be placed on the ground, not on the roof, on the southeastern side of the building a shown on the plan referenced in Condition 18. e) All buildings shall have commercial fire sprinklers installed in accordance with the North Andover Fire Department. f) 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 and/or Tree Warden 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. All shipments and deliveries will be limited to between the hours of 7:00 a.m. and Il p.m.. 8. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 9. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 10. All catch basins shall be protected and maintained during construction with hay bales to prevent siltation into the drain lines. 11. No open burning shall be done except as is permitted during burying season under the Fire Department regulations. 12. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 13. All signs must comply with the sign bylaw. 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 Pianning'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 6r construcf1on 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) Report on Stormwater Mitigation Prepared for: Beechwood Hill in North Andover,Mass. Prepared for: Alfred Contarino Date: July 2, 1996;rev.July 16, 1996 b) Plan titled: Proposed Elevations Scale: 1/8"= 1" Prepared for: L-Com 1500 Osgood Street North Andover,MA Date: 7/1/96 Prepared by:, Dutton&`Garfield,`Inc. North Andover,MA c) Plan titled: Site Plan for Beechwood Hill in North Andover,Mass. Prepared for: Alfred Contarino Scale: 1"=40' Date: June 5, 1996;rev. 8/19/96 Prepared by: Christiansen&Sergi 160 Summer Street Haverhill,MA 01830 cc: Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File Lot 2A Beechwood Hill-Site Plan Review