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CONSERVATION DEPARTMENT
Community Development Division
Modification to Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
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as a Modification to the Order of Conditions issued in File 242- It e& dated AWI I ?d7 and
recorded in Book# and page J047
Issued by the NORTH ANDOVER CONSERVATION COMMISSION:
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On this 4ik of Lefore me personally appeared Scott Masse to me
day month/yr
known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
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Notary Public My Commission Expires
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1600 Osgood Street,North Andover,Massachusetts 01845
Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com
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Town of North Andover 3�;<<; •°;.;�oL
Office of the Planning Department = A
Community Development and Services Division }�,
400 Osgood Street Sys S C" tis
North Andover,Massachusetts 01845
Lincoln Daley h!W://www.townofnorthandover.com p (978)6889535
Town Planner F (978)688-9542
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NOTICE OF DECISION -^
This is to certify that twenty(20)days z CZ
Any appeal shall be filed have elapsed from date of decision,filed . �—
without filingof an a 1.
7r-)> C
within(20)days atter the Date i/Nl 2r BASO -� 'Tt�i�M
date of filing this Notice Joyce A,Qrad`naw
Town Cle k 77
in the office of the Town Clerk. u,
Date: May t 7,2005
Date of Hearings: March 25 thru
May 3,2005
Petition of: Thomas Properties LLC
231 Sutton Street,North Andover,MA 01845
Premises Affected: 1003 Osgood Street,North Andover,MA 01845
Referring to the above petition with provision of M.G.L.,Chapter 40A, Section 10.3,
Section 8.3 for a Modification for a Site Plan Review Special Permit and for a
Modification for a Watershed Special Permit to a previous decision dated January 12,
2004. So as to allow for the removal of the Youth Soccer field out of this zone leaving
the field in its natural state. Property is located within the B-2 zoning district.
At a public hearing given on the above date,the Planning Board voted to APPROVE a
Modification to a Site Plan Review Special Permit, upon a motion made by Richard
Nardella and 2°d by John Simons with language as amended, vote was unanamous 5-0.-
At a public hearing given on the above date,the Planning Board voted to APPROVE a
Modification to a Watershed Special Permit,upon a motion made by George White
and 2nd by Richard Nardella with language as amended, vote was unanamous 5-0.
01
Signed:
Lincoln Daley, To fanner
cc: Applicant
Engineer
Abutters
Town Departments
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
D
RECEIVEO
" mijlt. fR�itO.)ttAW
1003 Osgood Street , .?t`.`Pd CLERK
Site Plan Review-Special Permit Modification
The Planning Board 'hereby approves the Special Permit/Site Plan Review modificat;W Mhk*nlRati�nS�
and expansion of an existing structures at 1003 Osgood Street,as shown on Assessors Map 35, Lot 50.
The modification effectively removes General Condition C of the site plan special permit requiring the
owner of said property to construct a youth soccer field in the existing open field and enter into a
contractual arrangement with the Town. In lieu of the youth soccer field,the applicant would providc an in-
kind contribution in the amount of$25,000 to the North Andover Youth Services for the purpose of
improving and restoring current athletic fields in Town.The renovated structures will accommodate 13,000
square feet(+/-)of office space and four(4)renovated residential apartments for a total building size of
17,843 square feet. Thomas Properties LLC,231 Sutton Street,North Andover, MA 01845,requested
this Special Permit/Site plan Review on May 3,2005.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as it is located in the Business Two (B-2)
Zone and the use is professional/medical office with associated multi-family residential.
2. The use as developed will not adversely affect the neighborhood, as the project is less intensive than
the surrounding general business and industrial land uses.The applicant has proposed to preserve and
renovate the existing structures, helping to maintain the historic character of the site and the
surrounding views toward Lake Cochichewick.
3. The proposed modification will further preserve and enhance the character of the site and area by
placing a covenant in the deed restricting future development and allowed uses for the existing open
field. The $25,000 in-kind gift provides a community benefit by helping maintain and improve
current athletic fields in North Andover.
4. There will be no nuisance or serious hazard to vehicles or pedestrians as indicated by the Traffic
Impact & Access Study performed by Dermot J. Kelly Associates, Inc. and reviewed by the Town's
Outside Engineering Consultant,Vanasse Hangen Brustlin,Inc.
5. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North
Andover Zoning Bylaw.
6. The site drainage system is designed in accordance with the Town Bylaw requirements. The
drainage calculations submitted by MHF Design Consultants were reviewed with the Town's Outside
Engineering Consultant, Vanasse,Hangen, Brustlin, Inc.and deemed to be acceptable.
7. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 and
for Special Permits as stated in Section 10.3 of the Zoning Bylaw.
8. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The facility will be connected to the municipal sewer system in the Town of North Andover.
9. The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw.
1003 Osgood Street Special Permit Approval-Modification
1
0.
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) and (6) subject to the following conditions. 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 3.20-acre parcel of land adjacent to Route 125 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 August 15,2003
and last revised December xx, 2003,entitled"Site Plan review and Special Permit Plans for
1003 Osgood Street North Andover, Massachusetts"consisting of Sheets 1 through xx and
L I through L2.
iii) The"Project"or"1003 Osgood Street"refers to the development of 13,000 square feet of
office and four residential apartments at the Locus in accordance with the Plans and the
instant Special Permit.
iv) The"Applicant"refers to Thomas Properties LLC,the applicant for the instant Special
Permit.
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 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 of filing the decision with the Town Clerk.
B) Prior to the endorsement of the plans, the affordable unit criteria will be established to the
Planning Board for one unit.
C) The applicant shall provide a $25,000 in kind contribution to the North Andover Youth Services
for the purpose of improving and restoring current athletic fields in Town. Said amount shall be in
the form of a check payable to the Town of North Andover.
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.
1003 Osgood Street Special Permit Approval -Modification
2
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.
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 and the
Planning Department to discuss scheduling of inspections and inspections to be conducted on the
project.
F) The developer must secure any necessary special permits required under the Zoning Bylaw for
the continued pre-existing non-conforming status of the original structures from the Zoning Board
of Appeals. The developer shall inform the Planning Department/Planning Board of the final
decision of the Zoning Enforcement Officer/ZBA,and provide revised plans as needed.
G) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from the Conservation Commission. In accordance with General Condition 7(k) below,
should the Community Development Director find that plans approved by the Conservation
Commission substantially differ from the approved plans of the Planning Board,the developer is
required to present the changes through a public hearing to the Planning Board for a modification
to site plan approval.
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.
B) One certified copy of the recorded decision must be submitted to the Planning Department.
4)DURING CONSTRUCTION
A) Dust mitigation and roadway cleaning must be performed weekly,or more frequently as directed
by the Town Planner,throughout the construction process.
B) Any stockpiling of materials(dirt, wood,construction material,etc.)must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all
times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to
remain for longer than one week must be fenced off and covered.
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.
5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) The buildingmust have an and all firesprinklers installed in accordance with the Massachusetts
Y
General Laws Chapter 148 Section 26,
B) The applicant must submit a letter from the architect and engineer of the project stating that the
1003 Osgood Street Special Permit Approval-Modification
3
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 pen-nit the completion of the
landscaping prior to anticipated occupancy.
C) 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 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 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.
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.
B) A final as-built plan showing final topography,the location of all on-site utilities, structures,curb
cuts,parking spaces and drainage facilities must be submitted to the Planning Department.
7)GENERAL CONDITIONS
A) The area shown on the plan entitled "Landscape Plan" dated October 3, 2003, by Huntress
Associates, Inc., as"Existing Open Field to Remain"and more particularly delineated as the area
within the 250'No Disturbance Setback,as shown on the plan(the"Open Space"), shall be left in
its natural and open state and that no construction shall occur thereon. The foregoing shall not be
construed to prevent the landscaping, mowing or haying of the Open Space or the installation,
maintenance and replacement of utilities and/or drainage of surface and subsurface water to or
from the Open Space and all appurtenances thereto.
B) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die within one years from the date of planting shall be replaced by the project owner.
C) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve
the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the
plan,a reforestation plan must be submitted as outlined in Section 5.8(6)of the Zoning Bylaw.
D) Should the Project Owner transfer the project, the buyer shall meet with the Planning Board to
update the Board on the status of the project.
E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
F) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
G) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
H) No underground fuel storage shall be installed except as may be allowed by Town Regulations.
1003 Osgood Street Special Permit Approval-Modification
4
1) All blasting shall be in complete compliance with regulations and procedures required by the
North Andover Fire Department.
J) 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) 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 as provided in General Condition 7(k)below.
L) Any revisions shall be submitted to the Community Development Director for review. If these
revisions are deemed substantial, the developer must submit revised plans to the Planning Board
for approval.
M) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant
of this special permit, 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 begun renovation of the existing structures.
Moreover, any delay arising from the need to obtain a Special Permit from the Zoning Board of
Appeals regarding the pre-existing non-conforming status of the original structures, or any other
permits and the time required to pursue or await determination of any appeals shall constitute
good cause.
N) The following information shall be deemed part of the decision:
i) A set of plans entitled "Site Plan Review and Special Permit plans for 1003 Osgood
Street,North Andover, Massachusetts 01845'; prepared for Thomas Properties LLC 231
Sutton Street North Andover,Massachusetts 01 845; prepared by MHF Design
Consultants 103 Stiles Road, Suite One, Salem NH 03079, consisting of sheets 1 through
xx,dated August 15, 2003 and revised as of December xx,2003 and sheets Ll through
L2 prepared by Huntress Associates, 17 Tewksbury Street, Andover, MA 01810,dated
August 15,2003.
ii) A Traffic Study prepared by DJK Associates entitled "Traffic Impact&Access Study,
Dated August 14, 2003.
iii) Drainage calculations entitled "Stormwater Management Drainage Calculations and Best
Management Practices';prepared by MHF Design Consultants; dated August 15,2003.
iv) Architectural drawings prepared by Woodman Associates, Inc.entitled "....
V) Plan entitled"Landscape Plan for"1003 Osgood Street,North Andover, Massachusetts
01845'; prepared by Huntress Associates, Inc., 17 Tewksbury Street, Andover,
Massachusetts
01810 dated March 21 2005.
cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
1003 Osgood Street Special Permit Approval-Modification
5
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
1003 Osgood Street Special Permit Approval-Modification
6
REGE1' r-
t
aYCE BRADSHAW
1003 Osgood Street -L V-1i CL ER K
Special Permit-Watershed Protection District Modification -
The Planning Board makes the following findings regarding the application of ThomasZ9 e1,0,LR, 1: S 1
231 Sutton Street, North Andover, MA 01845, who submitted this application on March 25, 2005. The
area affected is located on Osgood Street in the B-2 Zoning District, Map 35, Lot 50. The applicant is
requesting a modification to the watershed special permit approved by the Planning Board on April 14, 2004
for the renovation and expansion of an existing structure to accommodate 13,000 square feet(+/-)of office
use, four residential apartments, a youth soccer field and associated parking within the Non-Discharge and
Non-Disturbance Buffer Zone of the Watershed Protection District. The modification would remove the
approved youth soccer field out of this zone and the field would remain in its current natural vegetated state.
In lieu of the youth soccer field,the applicant would provide an in-kind gift in the amount of$25,000 to the
North Andover Youth Services for the purpose of improving and restoring current athletic fields in Town.
Work within the Non-Disturbance Zone will include stormwater management including surface and
subsurface discharge, drainage pond outlet, and grading associated with the stormwater system. No homes,
impervious areas or driveways of any kind have been proposed within this zone. Work within the Non-
Discharge Zone will include renovation and addition to the existing structure, construction of associated
parking, landscaping, utilities, associated retaining walls and site grading. Additional work in the Non-
Discharge Zone includes stormwater management as surface and subsurface discharge, drainage structures
and associated grading.
FINDINGS OF FACT:
In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria,are met. Specifically the Planning Board finds:
1. That as a result of the proposed construction in conjunction with other uses nearby,there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The
Planning Board bases its findings on the following facts:
a) The proposed structures will be connected to the Town sewer system;
b) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the
site;
c) A covenant will be placed in the deed restricting further development and the types of
allowed uses for the existing open field;
d) The topography of the site will not be altered substantially;and
e) The limit of clearing is restricted to the minimum necessary to construct/renovate the structure
and appurtenances.
2. There is no reasonable alternative location outside the Non-Disturbance Buffer Zone, Non-Discharge
Zone and Conservation Zone for any discharge, structure or activity, associated with the proposed
project. All structures, impervious areas and utilities are shown in areas that are allowed by right under
Section 4.136 of the North Andover Zoning Bylaw. The stormwater management facilities have been
located as to minimize the grading and earthwork required to complete the project and restore
vegetative cover as quickly as possible.
1
1003 Osgood Street—Watershed Special Permit
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following findings:
a) The specific site is an appropriate location for the proposed use as all feasible storm water and
erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the use is less intensive than the
surrounding general business and industrial uses;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
e) 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.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
following conditions:
SPECIAL CONDITIONS:
1) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
i) A set of plans entitled "Site Plan Review and Special Permit plans for 1003 Osgood Street
North Andover, Massachusetts 01845"; prepared for Thomas Properties LLC 231 Sutton
Street North Andover, Massachusetts 01845; prepared by MHF Design Consultants 103
Stiles Road, Suite One, Salem NH 03079, consisting'of sheets I through xx,dated August
15, 2003 and revised as of December xx, 2003 and sheets Ll through L2 prepared by
Huntress Associates, 17 Tewksbury Street,Andover,MA 01810,dated August 15,2003.
ii) Landscape Plan entitled "1003 Osgood Street, North.Andover, Massachusetts, Landscape
Pian", prepared by Huntress Associates, Inc., 17 Tewksbury Street, Andover,
Massachusetts,01810,revised March 21,2005.
iii) A Traffic Study prepared by DJK Associates.entitled "Traffic Impact & Access Study,
Dated August 14,2003.
iv) Drainage calculations entitled "Stormwater Management Drainage Calculations and Best
Management Practices';prepared by MHF Design Consultants;dated August 15,2003.
V) Architectural drawings prepared by Woodman Associates, Inc.entitled "....
vi) Plan entitled "Landscape Plan" for "1003 Osgood Street, North Andover, Massachusetts
01845"; prepared by Huntress Associates, Inc., 17 Tewksbury 'Street, Andover,
Massachusetts 01810,dated March 21,2005.
The Town Planner shall approve any y changes made to these plans. Any changes deemed substantial by
the Town Planner would require a public hearing and modification by the Planning Board.
2) PRIOR TO ANY WORK ON SITE:
a) A performance guarantee often thousand dollars($10,000) in the form of a check made out to the
Town of North Andover must be posted to insure that construction will take place in accordance
with the plans and the conditions of this decision and to ensure that the as-built plans will be
2
1003 Osgood Street—Watershed Special Permit
submitted.
b) The limit of work as shown on the plan by the erosion control line must be marked in the field and
must be reviewed and approved by the Town Planner.
c) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner.
d) The site shall have received all necessary permits and approvals from the North Andover
Conservation Commission, Board of Health, and the Department of Public Works and be in
compliance with the above permits and approvals.
e) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of
Public Works.
3) Foundation Plan: Immediately upon completion of the addition foundation and prior to further
construction activities associated with the site, the applicant shall complete a plan prepared by a
Registered Professional Land Surveyor(R.P.L.S.)which accurately depicts the foundation location and
its proximity to wetland resource areas and watershed buffer zones as shown on the approved
Watershed Site Plan. Said plan shall be submitted to the Town Planner for review to verify that the
setback limits under the special permit have been met.
4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
a) The plans and hydraulic calculations for each fire sprinkler system shall be submitted for review
and approval by the North Andover Fire Department. Plans and hydraulic calculations for each
system must also be supplied to the Building Department.
5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
a) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant
shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to the
Town Planner and included in the file.
b) The area shown on the plan entitled "Landscape Plan" dated October 3, 2003, by Huntress
Associates, Inc.,as`Existing Open Field to Remain"and more particularly delineated as the area
within the 250'No Disturbance Setback, as shown on the plan (the "Open Space"), shall be left
in its natural and open state and that no construction shall occur thereon. The foregoing shall not
be construed to prevent the landscaping, mowing or haying of the Open Space or the installation,
maintenance and replacement of utilities and/or drainage of surface and subsurface water to or
from the Open Space and all appurtenances thereto. The applicant shall incorporate this condition
as a deed restriction; a copy of the deed shall be submitted to the Town Planner and included in the
file.
c) 'The building must have any and all fire sprinklers installed in accordance with the Massachusetts
General Laws Chapter 148 Section 26. Certification that the systems have been installed properly
and in accordance with the above referenced regulations must be provided from the North Andover
Fire Department.
6) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND:
3
1003 Osgood Street—Watershed Special Permit
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including sewer lines, storm water mitigation trenches
and other pertinent site features. This as-built plan shall be submitted to the Town Planner and the
Department of Public Works 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.
7) In no instance shall the applicant's proposed construction be allowed to further impact the site than as
proposed on the plans referenced in Condition# 1.
8) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
10)The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
11)This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of
this special permit, 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 begun renovation of the existing structures. Moreover, any delay
arising from the need to obtain a Special Permit from the Zoning Board of Appeals regarding the pre-
existing non-conforming status of the original structures, or any other permits and the time required
to pursue or await determination of any appeals shall constitute good cause.
cc: Applicant
File
Director of Public Works
Conservation Administrator
Planning Board
Engineer
4
1003 Osgood Street—Watershed Special Permit
f r1ORTH
Town of North Andover 3?
Office of the Planning Department
Community Development and Services Division `•�o r
400 Osgood Street
,SS�CALLSE�
North Andover,Massachusetts 01845
Lincoln Dale h ://www.townofnorthandover com
Y t - P (978)688-9535
Town Planner F (978)688-9542
NOTICE OF DECISION ,. , w9
c ;-7
A app l sl-all be iucd 9 D C
within(20) days after the =—'
date of filing this Notice _ = >
in the office of the Town Clerk.
cn
Date: May 17,2005
Date of Hearings: March 25 thru
May 3,2005
Petition of Thomas Properties LLC
231 Sutton Street,North Andover, MA 01845
Premises Affected: 1003 Osgood Street,North Andover,MA 01845
Referring to the above petition with provision of M.G.L., Chapter 40A, Section 10.3,
Section 8.3 for a Modification for a Site Plan Review Special Permit and for a
Modification for a Watershed Special Permit to a previous decision dated January 12,
2004. So as to allow for the removal of the Youth Soccer field out of this zone leaving
the field in its natural state. Property is located within the B-2 zoning district.
At a public hearing given on the above date,the Planning Board voted to APPROVE a
Modification to a Site Plan Review Special Permit, upon a motion made by Richard
Nardeila and 2°d by John Simons with language as amended,vote was unanamous 5-0.-
At a public hearing given on the above date,the Planning Board voted to APPROVE a
Modification to a Watershed Special Permit,upon a motion made by George White
and 2"d by Richard Nardella with language as amended,vote was unanimous 5-0.
Signed: 011Y—
Lincoln
11 Lincoln Daley, To fanner
cc: Applicant
Engineer
Abutters
Town Departments
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
RECEIVE
1003 Osgood Street J V { CUERK
Site Plan Review-Special Permit Modification +- A
The Planning Board 'hereby approves the Special Permit/Site Plan Review modificaat d Wq)eri atijon5
and expansion of an existing structures at 1003 Osgood Street, as shown on Assessors Map 35, Lot 50.
The modification effectively removes General Condition C of the site plan special permit requiring the
owner of said property to construct a youth soccer field in the existing open field and enter into a
contractual arrangement with the Town. In lieu of the youth soccer field,the applicant would provide an in-
kind contribution in the amount of$25,000 to the North Andover Youth Services for the purpose of
improving and restoring current athletic fields in Town.The renovated structures will accommodate 13,000
square feet(+/-)of office space and four(4) renovated residential apartments for a total building size of
17,843 square feet. Thomas Properties LLC,231 Sutton Street,North Andover, MA 01845,requested
this Special Permit/Site Plan Review on May 3,2005.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as it is located in the Business Two (B-2)
Zone and the use is professional/medical office with associated multi-family residential.
2. The use as developed will not adversely affect the neighborhood, as the project is less intensive than
the surrounding general business and industrial land uses. The applicant has proposed to preserve and
renovate the existing structures, helping to maintain the historic character of the site and the
surrounding views toward Lake Cochichewick.
3. The proposed modification will further preserve and enhance the character of the site and area by
placing a covenant in the deed restricting future development and allowed uses for the existing open
field. The $25,000 in-kind gift provides a community benefit by helping maintain and improve
current athletic fields in North Andover.
4. There will be no nuisance or serious hazard to vehicles or pedestrians as indicated by the Traffic
Impact & Access Study performed by Dermot J. Kelly Associates, Inc. and reviewed by the Town's
Outside Engineering Consultant,Vanasse Hangen Brustlin, Inc.
5. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North
Andover Zoning Bylaw.
6. The site drainage system is designed in accordance with the Town Bylaw requirements. The
drainage calculations submitted by MHF Design Consultants were reviewed with the Town's Outside
Engineering Consultant, Vanasse,Hangen, Brustlin, Inc. and deemed to be acceptable.
7. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 and
for Special Permits as stated in Section 10.3 of the Zoning Bylaw.
8. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The facility will be connected to the municipal� h' opal sewer system in the Town of North Andover.
9. The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw.
1003 Osgood Street Special Permit Approval-Modification
1
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) and (6) subject to the following conditions. 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 3.20-acre parcel of land adjacent to Route 125 as shown on
Assessors Map 35, lot 50,and also known as 1003 Osgood Street,North Andover,
Massachusetts.
ii) The"Plansi5 refer to the plans prepared by MHF Design Consultants dated August 15,2003
and last revised December xx,2003, entitled"Site Plan review and Special Permit Plans for
1003 Osgood Street North Andover, Massachusetts"consisting of Sheets 1 through xx and
L I through L2.
iii) The"Project"or"1003 Osgood Street"refers to the development of 13,000 square feet of
office and four residential apartments at the Locus in accordance with the Plans and the
instant Special Permit.
iv) The"Applicant'refers to Thomas Properties LLC,the applicant for the instant Special
Permit.
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 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 of filing the decision with the Town Clerk.
B) Prior to the endorsement of the plans, the affordable unit criteria will be established to the
Planning Board for one unit.
C) The applicant shall provide a $25,000 in kind contribution to the North Andover Youth Services
for the purpose of improving and restoring current athletic fields in Town. Said amount shall be in
the form of a check payable to the Town of North Andover.
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.
1003 Osgood Street Special Permit Approval-Modification
2
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.
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 and the
Planning Department to discuss scheduling of inspections and inspections to be conducted on the
project.
F) The developer must secure any necessary special permits required under the Zoning Bylaw for
the continued pre-existing non-conforming status of the original structures from the Zoning Board
of Appeals. The developer shall inform the Planning Department/Planning Board of the final
decision of the Zoning Enforcement Officer/ZBA,and provide revised plans as needed.
G) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from the Conservation Commission. In accordance with General Condition 7(k) below,
should the Community Development Director find that plans approved by the Conservation
Commission substantially differ from the approved plans of the Planning Board,the developer is
required to present the changes through a public hearing to the Planning Board for a modification
to site plan approval.
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.
B) One certified copy of the recorded decision must be submitted to the Planning Department.
4)DURING CONSTRUCTION
A) Dust mitigation and roadway cleaning must be performed weekly,or more frequently as directed
by the Town Planner,throughout the construction process.
B) Any stockpiling of materials(dirt,wood,construction material,etc.)must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all
times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to
remain for longer than one week must be fenced off and covered.
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.
5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) The building must have any and all fire sprinklers installed in accordance with the Massachusetts
General Laws Chapter 148 Section 26.
B) The applicant must submit a letter from the architect and engineer of the project stating that the
1003 Osgood Street Special Permit Approval-Modification
3
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.
C) 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 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 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.
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.
B) A final as-built plan showing final topography,the location of all on-site utilities, structures,curb
cuts, parking spaces and drainage facilities must be submitted to the Planning Department.
7)GENERAL CONDITIONS
A) The area shown on the pian entitled "Landscape Plan dated October 3, 2003, by Huntress
Associates, Inc., as "Existing Open Field to Remain"and more particularly delineated as the area
within the 250'No Disturbance Setback, as shown on the plan(the"Open Space"), shall be left in
its natural and open state and that no construction shall occur thereon. The foregoing shall not be
construed to prevent the landscaping, mowing or haying of the Open Space or the installation,
maintenance and replacement of utilities and/or drainage of surface and subsurface water to or
from the Open Space and all appurtenances thereto.
B) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die within one years from the date of planting shall be replaced by the project owner.
C) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve
the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the
plan, a reforestation plan must be submitted as outlined in Section 5.8(6)of the Zoning Bylaw.
D) Should the Project Owner transfer the project, the buyer shall meet with the Planning Board to
update the Board on the status of the project.
E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
F) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
G) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
H) No underground fuel storage shall be installed except as may be allowed by Town Regulations.
1003 Osgood Street Special Permit Approval-Modification
4
1) All blasting shall be in complete compliance with regulations and procedures required by the
North Andover Fire Department.
J) 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) 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 as provided in General Condition 7(k)below.
L) Any revisions shall be submitted to the Community Development Director for review. If these
revisions are deemed substantial, the developer must submit revised plans to the Planning Board
for approval.
M) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant
of this special permit, 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 begun renovation of the existing structures.
Moreover, any delay arising from the need to obtain a Special Permit from the Zoning Board of
Appeals regarding the pre-existing non-conforming status of the original structures, or any other
permits and the time required to pursue or await determination of any appeals shall constitute
good cause.
N) The following information shall be deemed part of the decision:
i) A set of plans entitled "Site Plan Review and Special Permit plans for 1003 Osgood
Street,North Andover, Massachusetts 01845';prepared for Thomas Properties LLC 231
Sutton Street North Andover,Massachusetts 01845;prepared by MHF Design
Consultants 103 Stiles Road, Suite One, Salem NH 03079, consisting of sheets 1 through
xx,dated August 15, 2003 and revised as of December xx,2003 and sheets L 1 through
L2 prepared by Huntress Associates, 17 Tewksbury Street,Andover, MA 01810, dated
August 15,2003.
ii) A Traffic Study prepared by DJK Associates entitled"Traffic Impact&Access Study,
Dated August 14, 2003.
iii) Drainage calculations entitled "Stormwater Management Drainage Calculations and Best
Management Practices'; prepared by MHF Design Consultants; dated August 15,2003.
iv) Architectural drawings prepared by Woodman Associates, Inc.entitled "....
V) Plan entitled"Landscape Plan"for"1003 Osgood Street,North Andover, Massachusetts
01845'; prepared by Huntress Associates, Inc., 17 Tewksbury Street,Andover,
Massachusetts 01810, dated March 21,2005.
cc: Director of Public Works
Building Inspector
Town Manager
i
Conservation Administrator
1003 Osgood Street Special Permit Approval-Modification
5
RE,GfEIVE_0
"'r CF BRADSHAW
1003 Osgood Street CrWN CLERK
Special Permit-Watershed Protection District Modification -
The Planning Board makes the following findings regarding the application of ThomasZAM-el,OLLC;, (' S 1
231 Sutton Street, North Andover, MA 01845, who submitted this application on March 25, 2005. The
area affected is located on Osgood Street in the B-2 Zoning District, Map 35, Lot 50. The applicant is
requesting a modification to the watershed special permit approved by the Planning Board on April 14,2004
for the renovation and expansion of an existing structure to accommodate 13,000 square feet(+/-)of office
use, four residential apartments, a youth soccer field and associated parking within the Non-Discharge and
Non-Disturbance Buffer Zone of the Watershed Protection District. The modification would remove the
approved youth soccer field out of this zone and the field would remain in its current natural vegetated state.
In lie.� of the vro�th_soccer field, is t would 1 inn '«th amount
$25,000
5 A 'to t
.S.,za ,,, �,.,, �,. ,,�,,.,. fie.d the applicant WVCiId provide airin=iCu�u gift tir�ne amGunt of.���,v0�.[v the
North Andover Youth Services for the purpose of improving and restoring current athletic fields in Town.
Work within the Non-Disturbance Zone will include stormwater management including surface and
subsurface discharge, drainage pond outlet, and grading associated with the stormwater system. No homes,
impervious areas or driveways of any kind have been proposed within this zone. Work within the Non-
Discharge Zone will include renovation and addition to the existing structure, construction of associated
parking, landscaping, utilities, associated retaining walls and site grading. Additional work in the Non-
Discharge Zone includes stormwater management as surface and subsurface discharge, drainage structures
and associated grading.
FINDINGS OF FACT:
In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria,are met. Specifically the Planning Board finds:
1. That as a result of the proposed construction in conjunction with other uses nearby,there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The
Planning Board bases its findings on the following facts:
a) The proposed structures will be connected to the Town sewer system;
b) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the
site;
c) A covenant will be placed in the deed restricting further development and the types of
allowed uses for the existing open field;
d) The topography of the site will not be altered substantially;and
e) The limit of clearing is restricted to the minimum necessary to construct/renovate the structure
and appurtenances.
2. There is no reasonable alternative location outside the Non-Disturbance Buffer Zone, Non-Discharge
Zone and Conservation Zone for any discharge, structure or activity, associated with the proposed
project. All structures, impervious areas and utilities are shown in areas that are allowed by right under
Section 4.136 of the North Andover Zoning Bylaw. The stormwater management facilities have been
located as to minimize the grading and earthwork required to complete the project and restore
vegetative cover as quickly as possible.
1
1003 Osgood Street—Watershed Special Permit
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following findings:
a) The specific site is an appropriate location for the proposed use as all feasible storm water and
erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the use is less intensive than the
surrounding general business and industrial uses;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
e) 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.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
following conditions:
SPECIAL CONDITIONS:
1) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
i) A set of plans entitled "Site Plan Review and Special Permit plans for 1003 Osgood Street
North Andover, Massachusetts 01845"; prepared for Thomas Properties LLC 231 Sutton
Street North Andover, Massachusetts 01845; prepared by MHF Design Consultants 103
Stiles Road, Suite One, Salem NH 03079, consisting'of sheets 1 through xx,dated August
15, 2003 and revised as of December xx, 2003 and sheets L1 through L2 prepared by.
Huntress Associates, 17 Tewksbury Street,Andover,MA 01810,dated August 15,2003.
ii) Landscape Plan entitled "1003 Osgood Street, North Andover, Massachusetts, Landscape
Plan", prepared by Huntress Associates, Inc., 17 Tewksbury Street, Andover,
Massachusetts,01810,revised March 21,2005.
iii) A Traffic Study prepared by DJK Associates entitled "Traffic Impact & Access Study,
Dated August 14,2003.
iv) Drainage calculations entitled "Stormwater Management Drainage Calculations and Best
Management Practices';prepared by MHF Design Consultants;dated August 15,2003.
V) Architectural drawings prepared by Woodman Associates, Inc.entitled"....
vi) Plan entitled "Landscape Plan" for "1003 Osgood Street, North Andover, Massachusetts
01845"; prepared by Huntress Associates, Inc., 17 Tewksbury Street, Andover,
Massachusetts 01810,dated March 21,2005.
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 by the Planning Board.
2) PRIOR TO ANY WORK ON SITE:
a) A performance guarantee of ten thousand dollars ($10,000) in the form of a check made out to the
Town of North Andover must be posted to insure that construction will take place in accordance
with the plans and the conditions of this decision and to ensure that the as-built plans will be
2
1003 Osgood Street—Watershed Special Permit
submitted.
b) The limit of work as shown on the plan by the erosion control line must be marked in the field and
must be reviewed and approved by the Town Planner.
c) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner.
d) The site shall have received all necessary permits and approvals from the North Andover
Conservation Commission, Board of Health, and the Department of Public Works and be in
compliance with the above permits and approvals.
e) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of
Public Works.
3) Foundation Plan: Immediately upon completion of the addition foundation and prior to further
construction activities associated with the site, the applicant shall complete a plan prepared by a
Registered Professional Land Surveyor(R.P.L.S.)which accurately depicts the foundation location and
its proximity to wetland resource areas and watershed buffer zones as shown on the approved
Watershed Site Plan. Said plan shall be submitted to the Town Planner for review to verify that the
setback limits under the special permit have been met.
4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
a) The plans and hydraulic calculations for each fire sprinkler system shall be submitted for review
and approval by the North Andover Fire Department. Pians and hydraulic calculations for each
system must also be supplied to the Building Department.
5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
a) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant
shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to the
Town Planner and included in the file.
b) The area shown on the plan entitled "Landscape Plan" dated October 3, 2003, by Huntress
Associates, Inc., as"Existing Open Field to Remain"and more particularly delineated as the area
within the 250' No Disturbance Setback, as shown on the plan (the "Open Space"), shall be left
in its natural and open state and that no construction shall occur thereon. The foregoing shall not
be construed to prevent the landscaping, mowing or haying of the Open Space or the installation,
maintenance and replacement of utilities and/or drainage of surface and subsurface water to or
from the Open Space and all appurtenances thereto. The applicant shall incorporate this condition
as a deed restriction; a copy of the deed shall be submitted to the"Town Planner and included in the
file.
c) 'The building must have any and all fire sprinklers installed in accordance with the Massachusetts
General Laws Chapter 148 Section 26. Certification that the systems have been installed properly
and in accordance with the above referenced regulations must be provided from the North Andover
Fire Department.
6) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND:
3
1003 Osgood Street—Watershed Special Permit
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including sewer lines, storm water mitigation trenches
and other pertinent site features. This as-built plan shall be submitted to the Town Planner and the
Department of Public Works fora approval.The applicant must submit a certification from the design
Pp PP
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.
7) In no instance shall the applicant's proposed construction be allowed to further impact the site than as
proposed on the plans referenced in Condition$1
S) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
10)The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
11) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of
this special permit, 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 begun renovation of the existing structures. Moreover, any delay
arising from the need to obtain a Special Permit from the Zoning Board of Appeals regarding the pre-
existing non-conforming status of the original structures, or any other permits and the time required
to pursue or await determination of any appeals shall constitute good cause.
cc: Applicant
File
Director of Public Works
Conservation Administrator
Planning Board
Engineer
4
1003 Osgood Street—Watershed Special Permit
t NORTH
3 •••' oc
ti s
i % ra►� J J TOWN
^,l�,�yr ,p..`t�1y9
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ass ICHUS�t WORTH .L
NORTH ANDOVER �PR
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER,MASSACHUSETTS 01845
Any appeal shall be filed FAX(978)688-9542
within(20)days after the
date of filing of this notice NOTICE OF DECISION
in the office of the Town Cleric. Property at: 231 Sutton St., North Andover, MA
NAME: Florence Plaza, L.L.C.,231 Sutton Street, DATE: 4/14/99
North Andover
MAILING ADDRESS: Florence Plaza,LLC, PETITION:003-99
c/o E.P. Management Corp.,Suite 3,591 North Ave.,
Wakefield, MA 01880
HEARING: 4/13/99
The Board of Appeals held a regular meeting on Tuesday evening,April 13, 1999 upon the application of Florence
Plaza, L.L.C,231 Sutton Street, North Andover,as a Party Aggrieved,from a decision of the Building Inspector,and
for a Special Permit to allow for sign dimension and height from the requirements of Section 6.6,permitted signs,
paragraph D(2). Property is within the I-S Zoning District.
The following members were present:Raymond Vivenzio,Walter F.Soule,George Earley,Ellen McIntyre,Scott
Karpinski.
The hearing was advertised in the Lawrence Tribune on 3/30/99&4/6/99 and all abutters were notified by regular
mail. No persons appeared in opposition to the petition.
Upon a motion made by Ellen McIntyre and 2nd by George Earley, the Board voted to GRANT a Special Permit from
the requirements of Section 6.6,Paragraph D(2),to allow the existing sign to remain i.e.;double sided,ground mount,
8'4%"in height by 8'wide. The upper parcel lettering to be as shown on the submission by Harvey Signs, and the
lower panel also as shown on the submission by Harvey Signs allowing two 8' rectangular panels as currently
existing and the existing lower panel to contain 18 slots containing lettering of occupants names. No new
construction is allowed. Only refurbishment and re-lettering of the existing sign is permitted. The granting of the
Special Permit herein disposes of the Party Aggrieved petition.Voting in favor Raymond Vivenzio,Walter F.Soule,
George Earley, Ellen McIntyre,Scott Karpinski.
The petitioner has satisfied the provision of Section 6.6 D(2)of the Bylaw. The Board was of the opinion that this
asideways"facing building is not well exposed on the main roadway,and that the limited refurbishment of the existing
sign is reasonable and necessary.
Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure
the granting of a building permit as the applicant must abide by applicable local,state and federal and building
codes and regulations,prior to the issuance of a building permit as requested by the Building Commission.
Board of Appeals
Raymond Vivenzio,acting
Attachment of sign drawinglml/1999decisonU
BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
J0 F P AD _W
0#1N GU�K
NORTH ANDOVER
—8 ft
231 Sutton
30 in
• S T R E E T •
8 ft4 1/2 in
'
DDI Adv.CAI)Solution',
DDI Eng,Solutions,
4 in
Ali
A tliqrvey
c$zvti,
INTERIOR/EXTERIOR
•SIGNAGE&SCREENPRINTING-
978.794-2071-FAX 978.686-1841
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J1J{CIr
TOS ' t .
Received by Town-Clerk:
'm J i c5 A ! `
TOWN OF NORTH ANDOVER; MASSACHUSETTS
BOARD OF APPEALS
APPLICATION-FORRBLAEF-FROM THEW—ORDINANCE
Applicant Kp, ?, Address 30 0 SGW k�>St-
-- 1..o P LD'-z--&L-1-Q, Tel. No �-grlg- R94- 2-( 9
-tel ---\'7m --
1. Applicant is hereby made:
a) For a variance 4he-reguirernents f Section
Paragraph and Table .of the Zoning Bylaws.
b) For a Special Permit under.Sec Paragraph=Z
of the Zoning-Bylaws
19 As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
2. a) Premises affected are land and building(s)
numbered Street.
b) Premises affected area property with frontage on the North� South O East ( ) West (
side of S�,Z1TC")1J Street.
C) Premises affected are in Zoning District and the premises affected have an
area of A�mm sguare.feet-and-frsntage-of -feet.
3. Ownership:
a) Name and address of owner(if joint ownership, give all names):
Date of Purchase Pr�vi� s Owner E,�ts2�„� � Ernes
b) 1. If applicant is not owner, check his/her interest in premises:
Prospective-Purchaser Lessee _X.Other My M -L.0
e,wtJ��
5 of 8
4. Site of proposed-building: -front; -feet-deep;
Height 2--stories; 32 feet.
a) Approximate-date-of-er-ctlon
b) Occupancy or use of each floor:
C) Type of construction e)Zk C 4-ee,`
5. Has there been a previous appeal, under zoning, on these premises? When
6. Description of-relief sought-en-this-petition
7. Deed recorded in the Registry of Deeds in Book tJo, t�e.j��9 Page2S
Land Court Certificate -No. Book Page
The principal points upon which I base my application are as follows: (must be stated in detail)
To S«�3 To 41�1C�AT tiD
I agree to pay the filing fee, advertising in newspaper, and incidental expenses*
� � f
Sig
natur -of Petitioner s
6of8
DESCRIPTION OF VARIANCE-REQUESTED
ZONING DISTRICT:
Required Setback Existing Setback Relief
or Area --ar Area -Requested
Lot Dimension
Area
Street Frontage
Front Setback ' �`�� EXIi �
(s) 4O -dor
S I&Q (,�13M` S, Ry e From PRoP. i j
Side Setback (s)
Rear Setback (s)
Special Permit Request:
(Z )C--R) CIE , ors► �
7 of 8
• i i' ' i•
UST OF PARTIES OF I
SUBJECT I .
�►IJil�� 2�.
11
ABUTTERS:
MEW
MAO-
� r �
IL
WFAV '� ' t►_• il� i .'
Do FAMS v v 1%��Ab 1 9 W
MW
�a ♦ :\\ r• _►' S : ji • � � �� a \\• ,�+►
■
•- • - -
TOWN OF NORTH ANDOVER
UST OF PARTIES OF INTEREST: PAGE, OF
SUBJECT PROPERTY
MAP I PAR #I NAME ADDRESS
4L 1 2 L .C. , I 4N
ABUTTERS:
140 10--
2
2 2 LZ-y
C Ulr r
3
4
5
6
7
8
9
10
11
121
J13
14
15
16
17
18
THIS CERTIFIES ONLY THAT ON THIS LIST OF NAMES&ADDRESSES OF PARTIES OF
INTEREST WAS PREPARED BY THE APPPLICANT FROM THE RECORDS OF THE ASSESSORS OFFICE.
ASSESSORS OFFICE
Feb-12-99 01 :24P North Andover Com. Dev. 508 688 9542 P.02
Town Of North Andover Project:
voarti
Building Department � ,,..,.•,,
27 CHARLES ST o FORENCE PLAZZA L.L.C.
978-688-9545 „ 231 SUTTON STREET
} . NORTH ANDOVER MA 01845
APPLICANT:HARVEY SIGN,INC. aT4craras
RE:REPLACEMENT OF SIGN FACES DATE:February 12,1999
Title of Plans and Documents:SIGN PERIIAIT APPLICATION 6 SKETCHES
Please be advised that after review of your Building Permit Application and Plans that your
Application is DENIED for the following reasons:
Zonin
Use not allowed in District Not in conformance with Phased Development
X I Violation of Hai ht Limitations X Sion exceeds requirements
Violation of Setback Front Side Rear Insufficient Lot Area
Insufficient Parkin Violation of With Covera
Insufficient Open Space Use requires its prior to Building Permit
Sign requires permits prior Io Eluilding Permit Form U not complete by other departments
Not in conformance with Growth By-Law Other
Remedy for the above is checked below.
Dimensionat Variance I Special Permit for Watershed Review
Special Permit for Site Plan Review X Spedal Permit For sign
Complete Form U si n-offs Copy of Rworded Variance
Information indicating Non-conforming status Copy of Recorded Special Permit
Other Other
Plan Review The plans and documentation submitted have the following inadequacies
1.Information is not pra acd,2.Requires additional irirormation,
3 Infomkstion requires more clariticatioil 4.InformMion is inoorrea 5-AM of Uro above,
Foundation Plan Plumbing Plans
Subsurface investigation Certified Plot Plan with proposed structure
Construction Plans 116 Affidavit
Mechanical Plans and or details Plans Stamped py piroper discipline,
Electrical Plans and or details Framing Plan
Fire Sprinkler and Alarm Plan I Roofing
Footing Plan Plans to scale
Utilities Site Plan
Water Supply Sewage Disposal
Waste Dis sal other
ADA and or ARBA requirements
Administration
The documentation submitted has the following inadequacies:
1 Infomrdion Is not provided.2.Requires additional information.
3.infamustion requires more clarification.4. Information is incorrect S.All of the above.
# #
Water Fee State Builders License
Sewer Fee Workman's Compensation
Building Permit Fee Homeowners ImprovemiantRegistration
Building Permit Application Homeowners Exemption Form ,
Other Other'
The above review and attached eV lanslion of such is based on the plans and inforrnatlan s Wmiltad. No definitive review and
or adviea shall be bred on verbal wownstions by the apphount nor shad such verbal ilNplanalions by the applicant serve to
provdda dare it w,answers to the awo reasons for DENIAL.Any ha=uracies,misbrdhp inlomnation,or other subsequent
changes to the intomrattrar submitted by the appdcant shall be grounds for this review to be voided M the disc tion of the
Building Department.The attached document Med"Plan Review Narrative"shad be attached hereto and incorporated:herein
by releiaae. T he building department wil retain ap plm and documentation for the above ftla.You must file a new building
pem*A appdcaion form and n the pernetlng Wwass.
�� 2/4!99 2/12199
Building D artment Official Signature Application Received Application Denied
If Faxed: (o0'G-4?111
Denial Sent 2!12!99
Referral recommended
ii re Health
Police X Zoning Board
Conservation nment of Public Works
Plannin Historical Commission
Other BUILDING DEPT
cc William Scott
Rev4 "T pn
Feb-12-99 01:25P North Andover Com. Dev. 508 688 9542 P.01
Plan Review Narrative
The following narrative is provided io further explain the rsaats for denial far the bt*dkrg
permit for the property indicated on the reverse side:
Code Reasons for Denid
Reference
SECTION 6.6 Code reference states"in part"one(1)permmnent ground sign of not more than
Par.D(2)
Twenty five(25)square feet in area and extending not more than eight(8)
Feet above ground level. Larger and taller signs may be allowed by Special
Permit ofthe Board of Appeals.
8f Vol
AK
231 Sutton
30 in
S T R E E T .
8 ft4 1/2 in
j , , 36 in
u,s � Solutions
4 in ��a q�k . 41DDI Eng,Solutions
o';,;
`M SII • �� ����� � ��
1w
arve
INTERIOR/EXTERIOR
•SIGNAGE&SCREENPRINTING-
978-794-2071-FAX 978-686-1841
04
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A
Town of North Andover
Office of the Planning Department
Community Development and Services Division
27 Charles Street ; ", ... ~ • '`
North Andover,Massachusetts 01$45
Telephone(978)688-9535
Fax(978)6$8-9542
Notice Of Decision
Any appeal shall be filed
Within (20) days after the N a
Date of filing this Notice �o�70
In the Office of the Town ==C c
Clerk cJt z�y
o rn C)
Date: May 15,2002 M;X=
Date of fearing: May 7, 2002
Petition of: Mesiti Development 231 Sutton Street North Andover MA
Premises Affected: Route"114 Turnpi1ce Street across from Johnson Street
Referring to the above petition for a special permit from the requirements of the North
Andover Zoning Bylaw Section 8.3 and 10.3.
So as to allow: the construction of 96 age restricted town homes within the Village
Residential Zoning District.
After a public hearing given on the above date,the Planning Board voted to APPROVE,
the Special Permit for Site Plan Review,based upon the following conditions:
Signed:
t
Simi Chairman
Cc: Applicant rto Angles,Vice Chairman
Engineer Richard Nardella, Cleric
Abutters Felipe Schwarz
DPW George White
Building Department
Conservation Department
Health Department
ZBA ATTEST:
A True Copy
Town Clerk
BOARD OF APPEALS 688-9541 BUII DING 68&9545 CONSERVAMN 69"530 HEALTH 688-9540 PLANNING 688-9535
Boston Ski Hill
Site Plan Review-Special Permit
The Planning Board hereby approves the Special Permit/Site Plan Review for the construction of 96
townhouses to be built upon the land shown on Map 107A&107C,Lots 149&10,located in the village
Residential zone. Mesiti Development,231 Sutton Street,North Andover,MA 01845,requested this
Special Permit/Site Plan Review on April 17,2002.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3:
FINDINGS OF FACT:
I. The specific site is an appropriate location for the project as it is located in the Village Residential
Zone and the use is multi-family residential.
2. The use as developed will not adversely affect the neighborhood, as the project is residential in
nature.
3. There will be no nuisance or.serious hazard to vehicles or pedestrians as indicated by the Traffic
Impact & Access Study performed by Dermot J. Kelly Associates, Inc. and reviewed by the
Town's Outside Engineering Consultant,Vanasse Hangen Brustlin,Inc.
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North
Andover Zoning Bylaw.
5. The site drainage system is designed in accordance with the Town Bylaw requirements. The
drainage calculations submitted by Marchionda & Associates were reviewed with the Town's
Outside Engineering Consultant,Vanasse,Hangen,Brustlin,Inc. and deemed to be acceptable.
6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3
and for Special Permits as stated in Section 10.3 of the Zoning Bylaw.
7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The facility will be connected to the municipal sewer system in the Town of North Andover.
Moreover,the Town will not be responsible for maintaining or plowing any of the ways shown on
the Site Plans.
8. The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw.
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) and(6) subject to the following conditions. 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 33.35 acrearcel of land adjacent to Route 114 also known as
P J
Turnpike Street and located across from Johnson Street,North Andover,Massachusetts.
ii) The"Plans"refer to the plans prepared by Marchionda&Associates,L.P.dated June 20,
2001 and last revised April 12,2002,entitled`Boston Hill an Age-Restricted Community
Boston Hill Special Permit Approval
1
Located in North Andover,Massachusetts"consisting of Sheets 1 through 25 and Ll through
L4.
iii) The"Project"or`Boston Hilt Condominiums"refers to the development of 96 age-restricted
townhouse condominium units at the Locus in accordance with the Plans and the instant
Special Permit.
iv) The"Applicant'refers to Mesiti Development,the applicant for the instant Special Permit.
v) The"Condominium Documents"refers to the condominium trust,master deed and rules and
regulations of the Boston Hill Condominium.
vi) The"Board of Trustees"refers to the Board of Trustees of the Boston Hill Condominium
vii) The"Unit Owners"refers to the owners of the units at the Boston Hill Condominium.
viii)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
Board of Trustees of the Boston Hill Condominiums.
1) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE
APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS:
A) The final plans must be reviewed and approved by the Town's Outside Engineering Consultant,
and the Planning Department and be endorsed by the Planning Board. The final plans must be
submitted for review within ninety days of filing the decision with the Town Clerk.
B) The restriction providing that the Open Space Parcel (defined below) shall be retained in
perpetuity as described below(the"Land Restriction")must be reviewed and approved as to form
by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a
timely fashion but in no event later than thirty(30)days after submission.
i) The Open Space Parcel A shown on Sheet 23 of 25 of the Plans shall be owned by
the Board of Trustees or organization of upit owners of Boston Hill Condominium as
defined herein (the "Open Space Parcel"). A perpetual restriction running to or
enforceable by the Town shall provide that the Open Space Parcel shall be retained
in perpetuity for either conservation, agriculture or recreation purposes (the "Land
Restriction"). All uses and structures shown on the Plans (such as, for example,
drainage purposes)shall also be permitted under the Land Restriction.Moreover,the
Open Space Parcel shall not be open or accessible to the general public but shall be
devoted exclusively to the use and enjoyment of the residents and invitees of the
Boston Hill Condominium; provided, however, that the"hiking trail shown on said
Sheet 23 (and the six accessory parking spaces thereto)shall be open and accessible
to the general public solely for hiking purposes.
C) The Land Restriction shall be recorded.at the North Essex Registry of Deeds with a copy of the
recording provided to the Planning Department.
j 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) A bond shall be posted (per agreement with the North Andover Planning Board) a Site Opening
Bond/Erosion Control Bond in the total amount of twenty thousand($20,000.00) dollars for the
purpose of covering any contingencies that might affect the public welfare such as site-opening,
Boston Hill Special Permit Approval
2
clearing, erosion control and performance of any other condition contained herein. The
Guarantee shall be in the form of a check made payable to the Town of North Andover escrow
account.
thousand S75 000
to be held b the
f seventy-fiveY
C) A Slope Stabihzatton Bond m the amount o ( )
Town of North Andover. The Slope.Stabilization Bond shall be in the form of a check made
payable to the Town of North Andover that will be placed into an interest bearing escrow account.
These monies may be utilized by the Town to ensure the stabilization of the slopes.These monies,
or the balance thereof, will not be released until three years from the date of completion of
slope construction. For purposes of this section, "date of completion of slope construction'
shall be defined as the date that the Town's Outside Engineering Consultant certifies in
writing to the Planning Board that the slopes have been constructed in accordance with the
approved plans and this decision.Furthermore,the Town's Outside Engineering Consultant
shall not make this determination until a joint site visit has been scheduled.with the Planning
Board.
D) All applicable erosion control measures as shown on the plan must be in place and reviewed and
approved by the Town's Outside Engineering Consultant.
E) The developer shall designate an independent Environmental Monitor who shall be chosen in
consultation with the Planning Staff 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 written reports to the Board containing construction updates and any
areas of non-compliance with the plans and conditions of approval.
F) 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 maldng 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.
G) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the
plan. The Town's Outside Engineering Consultant must be contacted prior to any cutting and or
clearing on site.
H) A pre-construction meeting must be held with the developer and their construction employees,the
Community Development Director, Town Planner and the Town's Outside Engineering
Consultant to discuss scheduling of inspections and inspections to be conducted'on the project.
I) The developer must deposit fiords to pay for the Town's Outside Engineering Consultant to
perform inspectional services for the construction of this project. The estimate of the cost of
construction inspectional services will be calculated by the Town's Outside Engineering
Consultant upon receipt of final endorsed site plans and other necessary construction documents
and the final cost shall be set by mutual agreement of the Town's Outside Engineering Consultant
and the developer. In the absence of mutual agreement,the Planning Board shall set the final cost.
The reason for the Town's Outside Engineering._ Consultant performing the construction
inspectional services is.that due to the enormity of the cutting and filling, erosion control and
length of the roadways, the Department of Public Works is unable to perform inspections on a
regular and timely basis.
e an amount to be determined b the Town's Outside Engineering
.1) A
Performance Guarantee in Y
Consultant, shall be posted to ensure completion of the work in accordance with the Plans
conditional approval.- The bond must be in the form acceptable to the
i
approved as art of this c p
PP P P
North Andover Planning Board. Items covered by the Bond may include, but shall not be limited
to:
Boston Hilt Special Permit Approval
3
i) as-built drawings;
ii) sewers and utilities
iii)roadway construction and maintenance
iv)lot and site erosion control
v) site screening and street trees
vi)drainage facilities
vii)site restoration
viii)final site cleanup
K) The developer must secure any necessary earth removal permits required under the Zoning Bylaw
for the removal of earth from the Zoning Board of Appeals. The developer shall inform the
Planning Department/Planning Board of the final decision of the Zoning Enforcement
Officer/ZBA,and provide revised plans as needed
L) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from the Conservation Commission. In accordance with General Condition 7(k)below,
should the Community Development Director find that plans approved by the Conservation
Commission substantially differ from the approved plans of the Planning Board, the developer is
required to present the changes through a public hearing to the Planning Board for a modification
to site plan approval.
M) The water'booster station design requires approval from the Division of Public Works and Fire
Department. The minimum criteria for domestic water system pressure is 20 PSI at any time,
minimum domestic supply pressure of 35 PSI, a one day storage capacity if no standby system
with the system design demand of 100 gallons per capita per day. Prior to the installation of the
water booster stations, the applicant and/or developer must demonstrate to the Division of Public
Works and Fire Department that domestic water service will have a supply pressure of 50 PSI with
system design demand of 150 gallons per capita per day. Also that the minirmim flow at any
hydrant for fire protection is 1, 000 GPM with a residual pressure of twenty-five (25) PSI at
hydrants adjacent to the hydrant being utilized
3) DURING CONSTRUCTION
A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as directed
by the Town Planner, or in the absence of a Town Planner, the Community Development
Director, throughout the construction process.
B) Street sweeping must be performed, at least once per week, throughout the construction process,
or more frequently as directed by the Town Planner or in the absence of a Town Planner, the
Community Development Director.
C) The developer agrees that the normal working hours for construction of Boston Ski Hill will be
from 7:00 a.m. to 7:00 p.m. Construction outside of these hours can only be permitted by a
majority vote from the Planning Board to do so. Construction shall be limited to weekdays,
Monday through Friday, during the above hours. Construction may occur on Saturday during the
hours of 9 a.m.to 5 p.m.to facilitate a shorter construction period
D) Any stockpiling of materials(dirt,wood,construction material, etc.)must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all
times to minimize any dust problems that may occur with adjacent properties. Any stock piles to
remain for longer than one week must be fenced off and covered.
E) 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.
Boston Hilt Special Permit Approval
4
4) PRIOR TO THE ISSUANCE OF A BUILDING PERNIIT FOR ANY PHASE OF THE
PROJECT.
A) Three(3)copies of the signed,recordedlans must be delivered to the Planning Department.
P g P
B) One certified copy of the recorded decision must be submitted to the Planning Department.
C) The roadways for the applicable phase must be constructed to at least binder coat ofpavement to
properly access the buildings in question. For the applicable phase,retaining walls shall be
constructed and earth slopes shall be stabilized. Prior to construction of the binder coat,the
developer shall ensure that all required inspection and testing of water,sewer,and drainage
facilities has been completed for the applicable phase. The developer must submit to the Town
Planner and the Town's Outside Engineering Consultant an interim as-built,certified by a
professional engineer,verifying that all utilities have been installed in accordance with the plans
and profile sheet for the applicable phase.
D) The developer must comply with the Growth Management Bylaw,Section 8.7 of the Town of
North Andover Zoning Bylaw; provided,that the Planning Board finds that the developer
qualifies for the exemption to the Growth Management Bylaw set forth in Section 8.7.6.d so long
as the Master Deed references the below and incorporates Special Conditions 4(G),4(H)and 4(1)
and is recorded prior to the issuance of any certificate of occupancy.
E) An as-built plan must be submitted to the Division of Public Works for review and approval prior
to acceptance of the sewer appurtenances for use.
F) The developer is required to pay sewer mitigation fees at the Department of Public Works.The
fees paid shall be based on the number of bedrooms for which the building permit is sought.Proof
of payment must be supplied to the Planning Department.
G) Age Restriction and Age Restriction Deed Conditions:
i) The units at the Project are intended for the housing of persons 55 years of age or older.These
conditions are intended(a)to be consistent with the exemption under the Fair Housing Act,
42 USC section 3607(b),as amended,the regulations promulgated thereunder,24 CFR
Subtitle B,Ch. 1,section 100.300 et sea.and Massachusetts General Laws chapter 1513,
section 4(the"Housing Laws")and(b)to qualify the Project for the exemption to the Growth
Management provision of the North Andover Zoning Bylaw set forth in section 8.7.6(d).
ii) All occupied units at the Project shall be occupied by at least one person who is age 55 or
older(the"Qualified Occupant'j;provided,however,that in the event of the death of the
Qualified Occupant(s)of a unit,or the foreclosure or other involuntary transfer of a unit,a
two year exemption shall be allowed to permit the transfer of the unit to another Qualified
Occupants)so long as the provisions of the Housing Laws are not violated by such
occupancy.Children under the age of 18 may not reside in a unit for more than six months
during any nine month period.
iii) The age restriction described in the above shall be (a) included in a properly executed and
recorded deed restriction running in perpetuity with the land and (b) incorporated into the
Condominium Documents. The Condominium Documents shall also include additional rules
and exceptions to the age restriction described above and shall be consistent with the.Housing
Laws so long as the Condominium Documents do not require more than one Qualified
Occupant per unit. Prior to the issuance of any building permit, the age restriction provisions
in the Condominium Documents and the deed restriction shall be reviewed and approved as to.
form by Town Counsel whose approval shall not be unreasonably withheld and shall be
issued in a timely fashion but in no event later than thirty(30)days after submission. The age
Boston Hill Special Permit Approval
5
restriction and Condominium Documents shall be recorded at the North Essex Registry
of Deeds prior to the issuance of any certificate of occupancy.
H) Maintenance Obligations
The Project Owner shall:
i) maintain and repair of the trail system and signage on the Locus and the accessory visitor
parking and signage thereto shown on the Plans. Said maintenance and repairs shall include
any clearing,trimming or other upkeep normally associated with passive recreation hiking
trails:
ii) maintain,repair and plow the private road on the Locus shown on the Plans.
iii) at all times be responsible for trash removal at the Project.The Town of North Andover,as a
condition of this approval,shall not at any time,be responsible for trash removal at the project
site.
iv) maintain and repair the drainage and detention structures on the Locus shown on the Plans;
provided,however,that in the event of an emergency to which the Project Owner,Board of
Trustees or organization of Unit Owners of the Boston Hill Condominium fails to respond,the
Town of North Andover,by its designee,may enter the Locus and undertake necessary
maintenance or repairs to these structures and may charge back its reasonable costs and
expenses to the Project Owner,Board of Trustees or organization of Unit Owners of the
Boston Hill Condominium as the case be may be;and
v) maintain and repair the water booster pump structures and system on the Locus shown on the
Plans;provided,however,that in the event of an emergency to which the Project Owner,
Board of Trustees or organization of Unit Owners of the Boston Hill Condominium fails to
respond,the Town of North Andover,by its designee,may enter the Locus and undertake
necessary maintenance or repairs to these structures or system and may charge back its
reasonable costs and expenses to the Project Owner,Board of Trustees or organization of Unit
Owners of the Boston Hill Condominium as the case be may be.
vi) Special Condition 4(H)(i-v)shall be incorporated into the Condominium Documents and
shall run in perpetuity. It is intended that the Town of North Andover shall not become
responsible for the maintenance,repairs or other obligations set forth in Special Condition
4(H)(i-v)(Maintenance Obligation)at any time.
vii) Should the Project Owner transfer the project, the seller and the buyer shall meet with the
.Planning Board to update the Board on the status of the project, and provide the Planning
Board and Planning Department with written notification of the transfer.
viii The Project Owner shall in consultation with the North Andover Department of Public Works,
establish an amount to be included in the performance bond to cover the cost of one year of
prospective maintenance for items iv and v above. This amount must be retained at all times,
in it's entire amount,by all current and future Project Owners and reviewed every two years,
as a safeguard against failure of equipment and or structures noted in(H)(iv)and(H)
(v )above. This condition must be written into the Condominium documents and noted as a
condition of approval.
IIS I) Easement for Widening Route 114 In the event that Route 114 is widened by the Commonwealth,
the applicant/owner shall convey to The Town of North Andover or its designee an easement on
the Locus up to ten feet wide running along the south side of Route 114 whose approximate
Boston Hili Special Permit Approval
6
i
location is shown on Sheet 23 of 25 of the Plans.This condition shall be incorporated into the
Condominium Documents.
.T) The Project Owner must schedule presentations in front of the Planning Board to obtain
permission to proceed for each level of construction phasing as listed in the plans entitled
"Construction Phasing&Erosion Control Specifications"prepared by Marchionda&Associates,
consisting of sheets 1 through 10,dated December 10,2001 and a booklet entitled"Construction
Phasing&Erosion Control Specifications,Boston Hill"prepared by Marchionda&Associates
dated December 4,2001 and revised April 12,2002(collectively,the`Erosion Control Plans").
No building permits may be issued for any subsequent phase until the Project Owner notifies the
Planning Board that the prior phase has been substantially completed,presents supporting
information to the Planning Board and the Planning Board confirms in writing that the prior phase
has been substantially completed in accordance with the Erosion Control Plans(regardless of
whether or not building permits are required for any phase).The term"substantially completed"
means substantial completion and stabilization of the cut and fill slopes within the specific phase
in question and does not mean the completion of buildings or pulling of building permits within
any particular phase.As listed in the above-mentioned document,building permits coincide with
each phase as noted below:
Phase 1—No building permits associated with this phase.
Phase 2—Building Permits for Buildings 1,2,3,4,5&7.
Phase 3- Building Permits for Buildings 12, 13, 14, 15& 16.
Phase 4—Building Permits for Buildings 6,8,9, 10, 11, 17, 18, 19,&20.
Phase 5—No building permits associated with this phase.
K) The developer shall utilize the below listed materials for the construction of the building units,as
presented to the Planning Board.Prior to the start of construction the developer shall present
to the Planning Board the actual material to be used in the construction of the building units.
The Planning Board acknowledges that all manufacturers are listed to represent a quality standard
only,equal products may be approved by the project architect.
i) Wood Grained Vinyl Siding Wolverine Vinyl Siding-Restoration Collection-siding
ii) Wood Grained Vinyl Siding Wolverine Vinyl Siding-Restoration Collection-Accents-
shakes,half-rounds
iii) Wood Grained Vinyl Siding_ Wolverine Vinyl Siding-Restoration Collection-corner
systems,window and door surrounds and crown molding
iv) Wood Grained Vinyl Siding Wolverine Vinyl Siding-Millenium Collection-siding
v) Solid PVC Trim-Southeastern Millwork Co.,Inc.-Boards,molding and sheet stock
vi) 30 year Asphalt Roof Shingles-Timberline
vii) 30 Year Fiberglass Roof Shingle-Bird Incorporated
L) Retaining walls shall be designed and stamped by a structural engineer registered in the state of
Massachusetts. Stamped plans and calculations shall be submitted to the Planning Department
and Building Inspector prior to construction. The submittal of plans is for informational purposes
to the Planning Department only,the applicant must apply for and receive a building permit to
construct the retaining walls.
M)The developer must secure any necessary variances for the height of the proposed townhouses from
the Zoning Board of Appeals.The developer shall inform the Planning Department/Planning
Board of the final decision of the Zoning Enforcement Officer/ZBA,and provide revised plans as
needed. Should the Zoning Enforcement Officer/ZBA require changes to the plans the developer
Boston Hill Special Permit Approval
7
must come back to the Planning Board with the changes prior to start of construction in
accordance with the procedure set forth in General Condition?(k).
N) Depictions of signage or other installations on the approved plans may be subject to other
restrictions or ordinances of the Townf oval
o North Andover.er. 'Phis appy shall not be interpreted as
compliance with these additional requirements. All relevant additional permits must be obtained
by the developer prior to construction.
5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) The Project Owner must submit a tetter from the architect and engineer of the project stating that
the applicable phase of the building, signs, landscaping, lighting and site layout substantially
comply with this decision as endorsed by the Planning Board
B) The building must have any and all fire sprinklers installed in accordance with the M6sachusetts
General Laws Chapter 148 Section 26.
C) All lighting shall be built in accordance with the approved plans. 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 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.
6) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS except
the Slope Stabilization Bond:
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.
B)A final as-built plan showing final topography, the location of all on site utilities, structures, curb
cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning
Staff and the Town's Outside Engineering Consultant.
C)The parking spaces for access to the Open Space Parcel and signage indicating what the parking is
to be utilized for must be constructed as shown on the plans referenced at the end of this decision.
D) The North Andover Trails Committee is allowed entrance onto the property for the purposes of
flagging the hiking trail to connect from the parking spaces at the entrance of Roan A to the off-
site trail adjacent to the southeast comer of the property.The developer agrees to cut the brush
within the area of the flagged trail performed by the North Andover Trails Committee for purposes
of utilization of the trail for hiking purposes.
I
Boston Hill Special Permit Approval
8
7) GENERAL CONDITIONS
A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die within two years from the date of planting shall be replaced by the project owner.
B) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve
the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the
plan,a reforestation plan must be submitted as outlined in Section 5.8(6)of the Zoning Bylaw.
C) Should the Project Owner transfer the project, the SELLER AND the buyer shall meet with the
•Planning Board to update the Board on the status of the project, and provide the Planning Board
and Planning Department with written notification of the transfer.
D) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
E) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
F) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
G) No underground fuel storage shall be installed except as may be allowed by Town Regulations.
H) All blasting shall be in complete compliance with regulations and procedures required by the North
Andover Fire Department. The developer shall offer to perform a pre-construction video survey to
any structure within 1000' of the proposed site to determine the pre-construction foundation and
wall conditions of such structure. Such survey shall be in accordance with requirements typical to
pre-blast survey and the contractor shall engage a professional firm that is experienced in such
surveys. The written and video results of the survey shall be made available to the owner of the
homes that have been surveyed,upon request.
I) 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.
J) 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 review by the
Planning Board as provided in General Condition 7(k)below.
K) Any revisions shall be submitted to the Community Development Director for review. If these
revisions are deemed substantial, the developer must submit revised plans to the Planning Board
for approval.
L) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of
this special permit, 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 phased development,the developer shall be deemed to have undertaken
substantial use or construction if the developer has completed Phase 1 and commenced Phase 2.
Moreover, any delay arising from the need to obtain a height variance,earth removal permit or any
other permits and the time required to pursue or await determination of any appeals shall constitute
good cause.
M) The following information shall be deemed part of the decision:
i) A set of plans entitled"Boston Hill,An Age Restricted Community,
Located in North Andover";prepared for Mesiti Development Group, 100
Boston Hill Special Permit Approval
9
Andover By-Pass,North Andover,MA 01845;prepared by Marchionda&
Associates,L.P., 62 Montvale Avenue,Stoneham,MA 02180,consisting of sheets 1
through 25, dated June 20,2001 and revised as of January 31,2002 and sheets Ll
through L4 prepared by Huntress Associates, 17 Tewksbury Street,Andover,MA 01810,
dated April 17,2002.
ii) A set of plans entitled"Boston Hill Construction Phasing and Erosion
Control Plans";prepared for Mesiti Development Croup, 100 Andover By-Pass,North
Andover,MA 01845;prepared by Marchionda&Associates,L.P., 62 Montvale Avenue,
Stoneham,MA 02180,consisting of sheets 1 through 10,dated December 10,2001,
revised April 12,2002
iii) A booklet entitled"Construction Phasing&Erosion Control
Specifications,Boston Hill';prepared by Marchionda&Associates,L.P.,62 Montvale
Avenue,Stoneham,MA 02180,dated December 4,2001 and revised April 10,2002.
iv) A traffic study prepared by DJK Associates entitled"Traffic Impact&
Access Study,Proposed Residential Development Project,Route 114,North Andover,
Massachusetts" dated jure 2001,revised September 2001.
V) Drainage calculations entitled"Hydrological Analysis for Boston Hill in
North Andover,Massachusetts";prepared by Marchionda&Associates,L.P. ;dated
December 1, 1999 and revised as of December 14,2001.
vi) "Supplemental Calculations,Boston Hill in North Andover,
Massachusetts";prepared for Mesiti Development Group;prepared by
Marchionda&Associates,L.P.,62 Montvale Avenue-Suite I,Stoneham,MA 02180,
dated January 28, 2002.
vii) Boston Hill Townhomes,North Andover Massachusetts.Dated April 2,2001.
viii) Elevations Uphill Buildings,Boston Hill Townhomes,North Andover Massachusetts.
Dated April 2,2001
ix) Elevations Downhill Buildings,Boston Hill A 92 Montvale Avenue,Suite
2400 Stoneham MA 02180,including the following:Artist's Concept,Townhomes,North
Andover Massachusetts.Dated April 2,2001 Color and Detail Variations for the Front
Elevations of the Typical Downhill Building,Dated January 8,2002
X) Rendered Masterplan entitled"Boston Hill in North Andover Massachusetts"Prepared by
Huntress Associates,Inc.
cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
Boston Hill Special Permit Approval
10
Town of North Andover
Office of the Planning Department F:•�' p
Community Development and Services Division gin• *�
27 Charles Street
This is to certify that twenty(20)days
North Andover,Massachusetts 01845 s
have elapsed from date of decision,filed
without filing of an a peal.
Telephone(978)688-9535
Date t�t �<'_6�9�£� Fax(978)688-9542
Joyce A.Bradshaw
Town dark
Notice Of Decision
Any appeal shall be filed
Within (20) days after the N
Date of filing this Notice �o��0
In the Office of the Town =z Coc
Clerk u, z
C-5 v
�0 <msC
Date: May 15,2002
Date of Hearing: May 7, 2002
X
Petition of Mesiti Development 231 Sutton Street North Andover MA
Premises Affected: Route 114 Turnpl`ke Street across from Johnson Street
Referring to the above petition for a special permit from the requirements of the North
Andover Zoning Bylaw Section 8.3 and 10.3.
So as to allow: the construction of 96 age restricted town homes within the Village
Residential Zoning District.
After a public hearing given on the above date,the Planning Board voted to APPROVE,
the Special Permit for Site Plan Review, based upon the following conditions:
Signed: 1
Jo Sim Chairman
Cc: Applicant rto Angles,Vice Chairman
Engineer Richard Nardella,Clerk
Abutters Felipe Schwarz
DPW George White
.Building Department
Conservation Department
Health Department
ZBA ATTEST:
A True Copy
Town Clerk
BOARD OF APPEALS 688-9541 BMZING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Boston Ski Hill
Site Plan Review-Special Permit
The Planning Board hereby approves the Special Permit/Site Plan Review for the construction of 96
townhouses to be built upon the land shown on Map 107A& 107C,Lots 149&10,located in the village
Residential zone. Mesiti Development,231 Sutton Street,North Andover,MA 01845,requested this
Special Permit/Site Plan Review on April 17,2002.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as it is located in the Village Residential
Zone and the use is multi-family residential.
2. The use as developed will not adversely affect the neighborhood, as the project is residential in
nature.
3. There will be no nuisance or.serious hazard to vehicles.or pedestrians as indicated by the Traffic
Impact & Access Study performed by Dermot J. Kelly Associates, Inc. and reviewed by the
Town's Outside Engineering Consultant,Vanasse Hangen Brustliu,Inc.
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North
Andover Zoning Bylaw.
5. The site drainage system is designed in accordance with the Town Bylaw requirements. The
drainage calculations submitted by Marchionda & Associates were reviewed with the Town's
Outside Engineering Consultant,Vanasse,Hangen,Brustlin,Inc.and deemed to be acceptable.
6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3
and for Special Permits as stated in Section 10.3 of the Zoning Bylaw.
7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The facility will be connected to the municipal sewer system in the Town of North Andover.
Moreover, the Town will not be responsible for maintaining or plowing any of the ways shown on
the Site Plans.
8. The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw.
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) and(6) subject to the following conditions. 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 33.35 acre parcel of land adjacent to Route 114 also known as
Turnpike Street and located across from Johnson Street,North Andover,Massachusetts.
ii) The"Plans"refer to the plans prepared by Marchionda&Associates,L.P.dated June 20,
2001 and last revised April 12,2002,entitled"Boston Hill an Age-Restricted Community
Boston Hill Special Permit Approval
. 1
Located in North Andover,Massachusetts"consisting of Sheets 1 through 25 and Ll through
L4.
iii) The"Project"or`Boston Hill Condominiums"refers to the development of 96 age-restricted
townhouse condominium units at the Locus in accordance with the Plans and the instant
Special Permit.
iv) The"Applicant"refers to Mesiti Development,the applicant for the instant Special Permit.
v) The"Condominium Documents"refers to the condominium trust,master deed and rules and
regulations of the Boston Hill Condominium.
vi) The`Board of Trustees"refers to the Board of Trustees of the Boston Hill Condominium.
vii) The"Unit Owners"refers to the owners of the units at the Boston Hill Condominium.
viii)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
Board of Trustees of the Boston Hill Condominiums.
1) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE
APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS:
A) The final plans must be reviewed and approved by the Town's Outside Engineering Consultant,
and the Planning Department and be endorsed by the Planning Board. The final plans must be
submitted for review within ninety days of filing the decision with the Town Clerk.
B) The restriction providing that the Open Space Parcel (defined below) shall be retained in
perpetuity as described below(the"Land Restriction')must be reviewed and approved as to form
by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a
timely fashion but in no event later than thirty(30)days after submission.
i) The Open Space Parcel A shown on Sheet 23 of 25 of the Plans shall be owned by
the Board of Trustees or organization of upit owners of Boston Hill Condominium as
defined herein (the "Open Space Parcel"). A perpetual restriction running to or
enforceable by the Town shall provide that the Open Space Parcel shall be retained
in perpetuity for either conservation, agriculture or recreation purposes (the "Land
Restriction"). All uses and structures shown on the Plans (such as, for example,
drainage purposes) shall also be permitted under the Land Restriction.Moreover,the
Open Space Parcel shall not be open or accessible to the general public but shall be
devoted exclusively to the use and enjoyment of the residents and invitees of the
Boston Hill Condominium; provided, however, that the'hiking trail shown on said
Sheet 23 (and the six accessory parking spaces thereto)shall be open and accessible
to the general public solely for hiking purposes.
C) The Land Restriction shall be recorded.at the North Essex Registry of Deeds with a copy of the
recording provided to the Planning Department. -
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) A bond shall be posted (per agreement with the North Andover Planning Board) a Site Opening
Bond/Erosion Control Bond in the total amount of twenty thousand($20,000.00) dollars for the
purpose of covering any contingencies that might affect the public welfare such as site-opening,
Boston Hill Special Permit Approval
2
clearing, erosion control and performance of any other condition contained herein. The
Guarantee shall be in the form of a check made payable to the Town of North Andover escrow
account
C) A Slope Stabilization Bond in the amount of seventy-five thousand ($75,000) to be held by the
Town of North Andover. The Slope Stabilization Bond shall be in the form of a check made
payable to the Town of North Andover that will be placed into an interest bearing escrow account.
These monies may be utilized by the Town to ensure the stabilization of the slopes.These monies,
or the balance thereof, will not be released until three years from the date of completion of
slope construction. For purposes of this section, "date of completion of slope construction'
shall be defined as the date that the Town's Outside Engineering Consultant certifies in
writing to the Planning Board that the slopes have been constructed in accordance with the
approved plans and this decision.Furthermore,the Town's Outside Engineering Consultant
shall not make this determination until a joint site visit has been scheduled with the Planning
Board.
D) All applicable erosion control measures as shown on the plan miist be in place and reviewed and
approved by the Town's Outside Engineering Consultant.
E) The developer shall designate an independent Environmental Monitor who shall be chosen in
consultation with the Planning Staff 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 written reports to the Board containing construction updates and any
areas of non-compliance with the plans and conditions of approval.
F) 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.
G) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the
plan. The Town's Outside Engineering Consultant mast be contacted prior to any cutting and or
clearing on site.
H) A pre-construction meeting must be held with the developer and their construction employees,the
Community Development Director, Town Planner and the Town's Outside Engineering
Consultant to discuss scheduling of inspections and inspections to be conducted on the project.
1) The developer must deposit fiords to pay for the Town's Outside Engineering Consultant to
perform inspectional services for the construction of this project. The estimate of the cost of
construction inspectional services will be calculated by the Town's Outside Engineering
Consultant upon receipt of final endorsed site plans and other necessary construction documents
and the final cost shall be set by mutual agreement of the Town's Outside Engineering Consultant
and the developer. In the absence of mutual agreement,the Planning Board shall set the final cost.
The reason for the Town's Outside Engineering.. Consultant performing the construction
inspectional services is,that due to the enormity of the cutting and filling, erosion control and
length of the roadways, the Department of Public Works is unable to perform inspections on a
regular and timely basis.
.)) A Performance Guarantee in an amount to be determined by the Town's Outside Engineering
Consultant, shall be posted to ensure completion of the work in accordance with the Plans
approved as part of this conditional approval. The bond must be in the form acceptable to the
include,but shall not be limited
Planning Board. Items covered b the Bond may mcl ,
North Andover P g y
to:
Boston Hill Special Permit Approval
3
i
i) as-built drawings;
ii) sewers and utilities
iii)roadway construction and maintenance
iv)lot and site erosion control
v) site screening and street trees
vi)drainage facilities
vii)site restoration
viii)final site cleanup
K) The developer must secure any necessary earth removal permits required under the Zoning Bylaw
for the removal of earth from the Zoning Board of Appeals. The developer shall inform the
Planning Department/Planning Board of the final decision of the Zoning Enforcement
Officer/ZBA,and provide revised plans as needed.
Q The developer shall provide the Planning Board with copies of permits, plans and decisions
received from the Conservation Commission. In accordance with General Condition 7(k)below,
should the Community Development Director find that plans approved by the Conservation
Commission substantially differ from the approved plans of the Planning Board, the developer is
required to present the changes through a public hearing to the Planning Board for a modification
to site plan approval.
M) The water*booster station design requires approval from the Division of Public Works and Fire
Department. The minimum criteria for domestic water system pressure is 20 PSI at any time,
minimum domestic supply pressure of 35 PSI, a one day storage capacity if no standby system
with the system design demand of 100 gallons per capita per day. Prior to the installation of the
water booster stations, the applicant and/or developer must demonstrate to the Division of Public
Works and Fire Department that domestic water service will have a supply pressure of 50 PSI with
system design demand of 150 gallons per capita per day. Also that the minimum flow at any
hydrant for fire protection is 1, 000 GPM with a residual pressure of twenty-five (25) PSI at
hydrants adjacent to the hydrant being utilized
3) DURING CONSTRUCTION
A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as directed
by the Town Planner, or in the absence of a Town Planner, the Community Development
Director,throughout the construction process.
B) Street sweeping must be performed, at least once per week, throughout the construction process,
or more frequently as directed by the Town Planner or in the absence of a Town Planner,the
Community Development Director.
C) The developer agrees that the normal working hours for construction of Boston Ski Hill will be
from 7:00 a.m. to 7:00 p.m. Construction outside of these hours can only be permitted by a
majority vote from the Planning Board to do so. Construction shall be limited to weekdays,
Monday through Friday, during the above hours. Construction may occur on Saturday during the
hours of 9 am.to 5 p.m.to facilitate a shorter construction period.
D) Any stockpiling of materials(dirt,wood, construction material,etc.)must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all
times to minimize any dust problems that may occur with adjacent properties. Any stock piles to
remain for longer than one week must be fenced off and covered
E) 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.
Boston Hill Special Permit Approval
4
4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR ANY PHASE OF THE
PROJECT.
A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department.
B) One certified copy of the recorded decision must be submitted to the Planning Department.
C) The roadways for the applicable phase must be constructed to at least binder coat of pavement to
properly access the buildings in question. For the applicable phase,retaining walls shall be
constructed and earth slopes shall be stabilized. Prior to construction of the binder coat,the
developer shall ensure that all required inspection and testing of water,sewer,and drainage
facilities has been completed for the applicable phase. The developer must submit to the Town
Planner and the Town's Outside Engineering Consultant an interim as-built,certified by a
professional engineer,verifying that all utilities have been installed in accordance with the plans
and profile sheet for the applicable phase.
D) The developer must comply with the Growth Management Bylaw,Section 8.7 of the Town of
North Andover Zoning Bylaw: provided,that the Planning Board finds that the developer
qualifies for the exemption to the Growth Management Bylaw set forth in Section 8.7.6.d so long
as the Master Deed references the below and incorporates Special Conditions 4(G),4(H)and 4(1)
and is recorded prior to the issuance of any certificate of occupancy.
E) An as-built plan must be submitted to the Division of Public Works for review and approval prior
to acceptance of the sewer appurtenances for use.
F) The developer is required to pay sewer mitigation feesatthe Department of Public Works.The
fees paid shall be based on the number of bedrooms for which the building permit is sought.Proof
of payment must be supplied to the Planning Department.
G) Age Restriction and Age Restriction Deed Conditions:
i) The units at the Project are intended for the housing of persons 55 years of age or older.These
conditions are intended(a)to be consistent with the exemption under the Fair Housing Act,
42 USC section 3607(b),as amended,the regulations promulgated thereunder,24 CFR
Subtitle B,Ch. 1,section 100.300 et se .and Massachusetts General Laws chapter 151B,
section 4(the"Housing Laws' and(b)to qualify the Project for the exemption to the Growth
Management provision of the North Andover Zoning Bylaw set forth in section 8.7.6(d).
ii) All occupied units at the Project shall be occupied by at least one person who is age 55 or
older(the"Qualified Occupant'j;provided,however,that in the event of the death of the
Qualified Occupant(s)of a unit,or the foreclosure or other involuntary transfer of a unit,a
two year exemption shall be allowed to permit the transfer of the unit to another Qualified
Occupants)so long as the provisions of the Housing Laws are not violated by such
occupancy.Children under the age of 18 may not reside in a unit for more than six months
during any nine month period.
iii) The age restriction described in the above shall be (a) included in a properly executed and
recorded deed restriction running in perpetuity with the land and (b) incorporated into the
Condominium Documents. The Condominium Documents shall also include additional rules
and exceptions to the age restriction described above and shall be consistent with the.Housing
Laws so long as the Condominium Documents do not require more than one Qualified
Occupant per unit. Prior to the issuance of any building permit, the age restriction provisions
in the Condominium Documents and the deed restriction shall be reviewed and approved as to.
form by Town Counsel whose approval shall not be unreasonably withheld and shall be
issued in a timely fashion but in no event later than thirty(30)days after submission. The age
Boston Hill Special Permit Approval
5
restriction and Condominium Documents shall be recorded at the North Essex Registry
of Deeds prior to the issuance of any certificate of occupancy.
i
H) Maintenance Obligations
The Project Owner shall:
i) maintain and repair of the trail system and signage on the Locus and the accessory visitor
parking and signage thereto shown on the Plans. Said maintenance and repairs shall include
any clearing,trimming or other upkeep normally associated with passive recreation hiking
trails:
ii) maintain,repair and plow the private road on the Locus shown on the Plans.
iii) at all times be responsible for trash removal at the Project.The Town of North Andover,as a
condition of this approval,shall not at any time,be responsible for trash removal at the project
site.
iv) maintain and repair the drainage and detention structures on the Locus shown on the Plans;
provided,however,that in the event of an emergency to which the Project Owner,Board of
Trustees or organization of Unit Owners of the Boston Hill Condominium fails to respond,the
Town of North Andover,by its designee,may enter the Locus and undertake necessary
maintenance or repairs.to these structures and may charge back its reasonable costs and
expenses to the Project Owner,Board of Trustees or organization of Unit Owners of the
Boston Hill Condominium as the case be may be;and
v) maintain and repair the water booster pump structures and system on the Locus shown on the
Plans;provided,however,that in the event of an emergency to which the Project Owner,
Board of Trustees or organization of Unit Owners of the Boston Hill Condominium fails to
respond,the Town of North Andover,by its designee,may enter the Locus and undertake
necessary maintenance or repairs to these structures or system and may charge back its
reasonable costs and expenses to the Project Owner,Board of Trustees or organization of Unit
Owners of the Boston Hill Condominium as the case be may be.
vi) Special Condition 4(H)(i-v)shall be incorporated into the Condominium Documents and
shall run in perpetuity. It is intended that the Town of North Andover shall not become
responsible for the maintenance,repairs or other obligations set forth in Special Condition
4(H)(i-v)(Maintenance Obligation)at any time.
vii) Should the Project Owner transfer the project, the seller and the buyer shall meet with the
Planning Board to update the Board on the status of the project, and provide the Plamiing
Board and Planning Department with written notification of the transfer.
viii The Project Owner shall in consultation with the North Andover Department of Public Works,
establish an amount to be included in the performance bond to cover the cost of one year of
prospective maintenance for items iv and v above. This amount must be retained at all times,
in it's entire amount,by all current and future Project Owners and reviewed every two years,
as a safeguard against failure of equipment and or structures noted in(H)(iv)and(H)
(v )above. This condition must be written into the Condominium documents and noted as a
condition of approval.
I) Easement for Widening Route 114: In the event that Route 114 is widened by the Commonwealth,
the applicantlowner shall convey to The Town of North Andover or its designee an easement on
the Locus up to ten feet wide running along the south side of Route 114 whose approximate
Boston Hilt Special Permit Approval
6
location is shown on Sheet 23 of 25 of the Plans.This condition shall be incorporated into the
i
Condominium Documents.
J) The Project Owner must schedule presentations in front of the Planning Board to obtain
permission to proceed for each level of construction phasing as listed in the plans entitled
"Construction Phasing&Erosion Control Specifications"prepared by Marchionda&Associates,
consisting of sheets 1 through 10,dated December 10,2001 and a booklet entitled"Construction
Phasing&Erosion Control Specifications,Boston Hill"prepared by Marchionda&Associates
dated December 4,2001 and revised April 12,2002(collectively,the"Erosion Control Plans").
No building permits may be issued for any subsequent phase until the Project Owner notifies the
Planning Board that the prior phase has been substantially completed,presents supporting
information to the Planning Board and the Planning Board confirms in writing that the prior phase
has been substantially completed in accordance with the Erosion Control Plans(regardless of
whether or not building permits are required for any phase).The term"substantially completed"
means substantial completion and stabilization of the cut and fill slopes within the specific phase
in question and does not mean the completion of buildings or pulling of building permits within
any particular phase.As listed in the above-mentioned document,building permits coincide with
each phase as noted below:
Phase 1—No building permits associated with this phase.
Phase 2-Building Permits for Buildings 1,2,3,4, 5&7.
Phase 3 Building Permits for Buildings 12, 13, 14, 15& 16.
Phase 4—Building Permits for Buildings 6,8,9, 10, 11, 17, 18, 19,&20.
Phase 5—No building permits associated with this phase.
K) The developer shall utilize the below listed materials for the construction of the building units,as
presented to the Planning Board.Prior to the start of construction the developer shall present
to the Planning Board the actual material to be used in the construction of the building units.
The Planning Board acknowledges that all manufacturers are listed to represent a quality standard
only, equal products may be approved by the project architect.
i) Wood Grained Vinyl Siding Wolverine Vinyl Siding-Restoration Collection-siding
ii) Wood Grained Vinyl Siding Wolverine Vinyl Siding-Restoration Collection-Accents-
shakes,half-rounds
iii) Wood Grained Vinyl Siding Wolverine Vinyl Siding-Restoration Collection-corner
systems,window and door surrounds and crown molding
iv) Wood Grained Vinyl Siding Wolverine Vinyl Siding-Millenium Collection-siding
v) Solid PVC Trim-Southeastern Millwork Co.,Inc.-Boards,molding and sheet stock
vi) 30 year Asphalt Roof Shingles-Timberline
vii) 30 Year Fiberglass Roof Shingle-Bird Incorporated
L) Retaining walls shall be designed and stamped by a structural engineer registered in the state of
Massachusetts. Stamped plans and calculations shall be submitted to the Planning Department
and Building Inspector prior to construction. The submittal of plans is for informational purposes
to the Planning Department only,the applicant must apply for and receive a building permit to
construct the retaining walls.
M)The developer must secure any necessary variances for the height of the proposed townhouses from
the Zoning Board of Appeals.The developer shall inform the Planning Department/Planning
Board of the final decision of the Zoning Enforcement Officer/ZBA,and provide revised plans as
needed. Should the Zoning Enforcement Officer/ZBA require changes to the plans the developer
Boston Hill Special Permit Approval
7
must come back to the Planning Board with the changes prior to start of construction in
accordance with the procedure set forth in General Condition 7(k).
N) Depictions of signage or other installations on the approved plans may be subject to other
restrictions or ordinances of the Town of North Andover. This approval shall not be interpreted as
compliance with these additional requirements. All relevant additional permits must be obtained
by the developer prior to construction.
5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) The Project Owner must submit a letter from the architect and engineer of the project stating that
the applicable phase of the building, signs, landscaping, lighting and site layout substantially
comply with this decision as endorsed by the Planning Board
B) The building must have any and all fire sprinklers installed in accordance with the Afassachusetts
General Laws Chapter 148 Section 26.
C) All lighting shall be built in accordance with the approved plans. 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 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.
6) PRIOR TO TEE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS except
the Slope Stabilization Bond:
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.-
B) A final as-built plan showing final topography, the location of all on-site utilities, structures, curb
cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning
Staff and the Town's Outside Engineering Consultant
C)The parking spaces for access to the Open Space Parcel and signage indicating what the parking is
to be utilized for must be constructed as shown on the plans referenced at the end of this decision.
D) The North Andover Trails Committee is allowed entrance onto the property for the purposes of
flagging the hiking trail to connect from the parking spaces at the entrance of Roa¢A to the off-
site trail adjacent to the southeast corner of the property.The developer agrees to cut the brush
within the area of the flagged trail performed by the North Andover Trails Committee for purposes
of utilization of the trail for hiking purposes.
Boston Hill Special Permit Approval
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7) GENERAL CONDITIONS
A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die within two years from the date of planting shall be replaced by the project owner.
13) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve
the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the
plan,a reforestation plan must be submitted as outlined in Section 5.8(6)of the Zoning Bylaw.
C) Should the Project Owner transfer the project, the SELLER AND the buyer shall meet with the
Planning Board to update the Board on the status of the project, and provide the Planning Board
and Planning Department with written notification of the transfer.
D) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
E) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
F) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
G) No underground fuel storage shall be installed except as may be allowed by Town Regulations.
H) All blasting shall be in complete compliance with regulations and procedures required by the North
Andover Fire Department. The developer shall offer to perform a pre-construction video survey to
any structure within 1000' of the proposed site to determine the pre-construction foundation and
wall conditions of such structure. Such survey shall be in accordance with requirements typical to
pre-blast survey and the contractor shall engage a professional firm that is experienced in such
surveys. The written and video results of the survey shall be made available to the owner of the
homes that have been surveyed,upon request.
I) 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.
J) 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 review by the
Planning Board as provided in General Condition 7(k)below.
K) Any revisions shall be submitted to the Community Development Director for review. If these
revisions are deemed substantial, the developer must submit revised plans to'the Planning Board
for approval.
L) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of
this special permit, 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 phased development,the developer shall be deemed to have-undertaken
substantial use or construction if the developer has completed Phase 1 and commenced Phase 2.
Moreover, any delay arising from the need to obtain a height variance,earth removal permit or any
other permits and the time required to pursue or await determination of any appeals shall constitute
good cause.
M) The following information shall be deemed part of the decision:
i) A set of plans entitled"Boston Hill,An Age Restricted Community,
Located in North Andover";prepared for Mesiti Development Group, 100
Boston Hill Special Permit Approval
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Andover By-Pass,North Andover,MA 01845;prepared by Marchionda&
Associates,L.P., 62 Montvale Avenue,Stoneham,MA 02180,consisting of sheets 1
through 25, dated June 20,2001 and revised as of January 31,2002 and sheets Ll
through L4 prepared by Huntress Associates, 17 Tewksbury Street,Andover,MA 0 18 10,
dated April 17,2002.
ii) A set of plans entitled"Boston Hill Construction Phasing and Erosion
Control Plans";prepared for Mesiti Development Croup, 100 Andover By-Pass,North
Andover,MA 01845;prepared by Marchionda&Associates,L.P.,62 Montvale Avenue,
Stoneham,MA 02180,consisting of sheets 1 through 10,dated December 10,2001,
revised April 12,2002
iii) A booklet entitled"Construction Phasing&Erosion Control
Specifications,Boston Hill";prepared by Marchionda&Associates,L.P.,62 Montvale
Avenue,Stoneham,MA 02180,dated December 4,2001 and revised April 10,2002.
iv) A traffic study prepared by DJK Associates entitled"Traffic Impact&
Access Study,Proposed Residential Development Project,Route 114,North Andover,
Massachusetts"datedjune 2001,revised September 2001.
V) Drainage calculations entitled"Hydrological Analysis for Boston Hill in
North Andover,Massachusetts";prepared by Marchionda&Associates,L.P. ;dated
December 1, 1999 and revised as of December 14, 2001.
vi) "Supplemental Calculations,Boston Hill in North Andover,
Massachusetts";prepared for Mesiti Development Group;prepared by
Marchionda&Associates,L.P.,62 Montvale Avenue-Suite I,Stoneham,MA 02180,
dated January 28,2002.
vii) Boston Hill Townhomes,North Andover Massachusetts.Dated April 2,2001.
viii) Elevations Uphill Buildings,Boston Hill Townhomes,North Andover Massachusetts.
Dated April 2,2001
ix) Elevations Downhill Buildings,Boston Hill A 92 Montvale Avenue,Suite
2400 Stoneham MA 02180,including the following:Artist's Concept,Townhomes,North
Andover Massachusetts.Dated April 2,2001 Color and Detail Variations for the Front
Elevations of the Typical Downhill Building,Dated January 8,2002
X) Rendered Masterplan entitled"Boston Hill in North Andover Massachusetts"Prepared by
Huntress Associates,Inc.
cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
Boston Hill Special Permit Approval
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