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HomeMy WebLinkAboutMiscellaneous - 1003 OSGOOD STREET ggR"--C D q�yI E Town of North Andover a Office of the Planning DepartmeJ07 APP 20 Pt's 2: 4 m * Community Development and Services Divisip F .fi* 1600 Osgood (11��E}��_ ;pip�y']y��5..x �a,r +,9 �g4C � ,tA' ,,yam 1600 V.'.sg Vi�.la �y NORI H Al SS�cHuS& Notth Andover, 018x45 M ASSAMF' S NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: 4/20/07 Date of Hearings: 9/5/06—3/20/07 Date of Decision: 4/20/07 Petition of 1003 Osgood Street,LHC. 160 Pleasant Street,North Andover,MA 01845 i Premises Affected: 1003 Osgood Street,North Andover, MA 01845, within the B-2 Zoning District,Assessors Map 35,Lot 50. Referring to the above petition for a Modification for a Watershed Special Permit under Section 4.136(3)cii and for a Modification for a Site Plan Review Special Permit Under Section 8.3 from the requirements of the North Andover Zoning Bylaw. So as to allow: the reconfiguration of the parking area, redesign and re-location of the easterly access driveway access fronting Osgood Street, the construction of 63 total parking spaces, revised landscape plan, and related grading work in the General, Non-Disturbance, and Non-Discharge Zones of the Watershed Protection District. After a public hearing given on the above elate, the Planning Board voted to APPROVE a Modification for a Watershed Special Permit, and for a Modification for a Site Plan Review Special Permit based upon the following conditions: ;„ J�4 or► be%.1foe Planning Bos6d Richard Nardella,Chairman John Simons,Vice Chairman Alberto Angles,Clerk Jennifer Kusek Richard Rowen cc: Town Departments Applicant Engineer Abutters Assessor 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 rlECEIVED Watershed Special Permit—ModirkAtim C l ,"`` r The public hearing on the above referenced application was opened 9/5/06 and c c t Nn : 42 Andover Planning Board on 3/2012007. IN On 3/20/2007 upon a motion made by Richard Rowen and seconded by John Simons " Modification to the Watershed Special Permit to reconfigure the parking area,redesign at s+ t easterly access driveway fronting Osgood Street, and 63 total parking spaces(54 parking spdace dedicated to 1003 Osgood and 9 parking spaced designated for shared parking between 1025 and 1003 Osgood Street)on the premises referred to as 1003 Osgood Street, as shown on Assessors Map 35,Lot 50_ The purpose of which is to create a combined access read into both properties and 9 parking spaces. This Special Permit was requested by Joseph Levis, 160 Pleasant Street, North Andover, MA for premises located at 1003 Osgood Street, LLC,North Andover, MA 01845 on 8111/2006. The applicant submitted a complete application, which was diced and reviewed in accordance with Section 10.3 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 11. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the mention by a vote of 5-0. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-metnber board. The applicant is hereby notified that should the applies dwgrec with,this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to the&=m within twenty days after die date this decision has been filed with the Town Cork. In accordance with 4.136 die Planning Beard makes the finding drat the intent of the Bylaw, as weft as its specific criteria, are mct, This de6sion specffically stated by the Planning lord mal= the following FINDINGS OF FACT: 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 calenng Lake Cochwhewic k. The Planning Board bases this finding on the following facts; a. The proposed structures will be connected to the Town sewer and water systems. b. A deed restriction will be placed limiting the types of frtilizers that can be used on the site, c. A covenant will be placed in the deed restricting f adie'dmiopment of the entire field portion of the site in perpetuity. d. The topography of the site will not be altered substantially. e, The limit of clearing is restrimd to the mimmum. necessary to construct1ramate the structures, Cres, construct the shared driveway access and parking lot reconfiguration f Certification has been provided by u registered prof moal engineer and fiu*a verified by the Town's consulting , Vanasse, Haag= Brustlin, Inc. (VUB) that the building, reconfigured parking area, and shred driveway access were designed using Best Management Practices and that project will not have an effect on die quality or quantity of runoff entering the walershd protection district. Refer to leers dated August 30, 2006, September 21, 2006 and October 2, 2006 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lance Cochichewick. 2 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Watershed Special Permit—Modiliccation g_ The construction has been reviewed by Tawe Staff and the Town's consulting engineer, VHB, and with the application of the erosion control mam= and the mince'modificatiom to the drainage and stormwater management desps, there will be no degradation to the duality or quantity of water in or entering Lake Cochichewick or any delineated wetlands. The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best E ngmeeung and' rManages Practices, and has been reviewed by the outside consulting ' engineer, Vanasse, Hangen Brustlin, Inc. (VHB). Refer to letters dated August 31, 2006 and October 2,2006 from VHB. h. The Water Quality Testing and an Emergeitcy Responw Plan program required by the Site Plan Special Permit modification approved on September 5, 2006 have been incorporated into this decision by referc=. 2. There is no reasonable alternative location the !General, Non-Disturbance, and the Discharge Zones for any discharge, structure or activity associated with the proposed project. All strumrres, impervious areas and utilities shme in areas&a are allowed by right under Section 4.136 of the North Andover Zoning Bylaw.. The storarwater management facilities have been located as to minimize the grading and earthwork required to +complete the prcW prand restore vegctative cover as qmIdy as possible. In accordance with Section 10.31 of the North Andow Zoning Bylaw, the Planning Board snakes the following FINDINGS OF FACT: I. 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; 2. The use will not adversely affixt the neighborhood, as the tat is located in a B-2 zoning district. The project is located within an adreinely environmental area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichmick and the safety and wd&w of the residents of North Andover, 3. There will be no nuisance or serious hazard to vdvcks or pedestrians. The applicant has stfated that (1) the proposed access Osgood Strut will not significantly inerme,traffic flow or volumes and(2) the parking design provers for adequate traffic flow, safety, and sufficient pedestrian connections throughout the project. 4. Adequate and appropriate 6cilities will be provided for the proper opwAtion of the pry use. The project will provide Town water, sewer, and utilities on the property to adequately address the nee& of the project and has been reviewed by the Division_ . of Public Woks and the outside conwiting engincer, Vanasse,Hangen Brusdin,hie.; 5. The existing lot conforms to the minitnurn lot area mquivenients for a lot within the Business 2 District as shown in Table 2 of the forth Andover Zoning Bytes. 6. The Punning Board also snakes a specific findingHaat the use is in harmony with the gmwd puqxw and indent of the North Andover Zoning Bylaw, 3 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Watershed Special Permit—Modiffication Upon reaching the above fid, the Planning Board approves this Special Permit bawl upon the following 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: aV A set of plans entitled"Site Development Plans for Lakeview Farm Dcvel 1003 Osgood Street,North Andover Massachusetts 01845'consisting of Sheets 1 through 9,Truck Turning Plan 1 of 1,and Landscape Plan i—2,prepared f)r1003 Osgood Sine,LLC., 160 Pleasant Street, North Andover, MA 01845;prepared by prepared by MIF Design Consultants, 103 SQcs Road, Suite One, Salem,New Hampshire,dated August 10,2046 and last revised 8/28/06, 1122107,and 2/28/07 consisting of Sheets 1 through 9,Truck Turning Plan 1 of 1,and Landscape Plan prepared by Huntress Associates,1w., 17 Tewksbury Street,AnJover,MA 01810,consisting of Sheets 1&2. b. A Traffic Study prepared by INK Assoc wtitled"Traffic hnpad and Access Stud'dated August 14,2003. c. Drainage calculations entitled,"Stormwatcr Managwxx t Drainage Calculations and Best Managentent Practices;prepared by MM Dmp Conssultvants,dated August 15,2003. The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner weld require a public baring and modification by the Planning Board. 2. Prior To Any Work on Site.- a. ite:a. A performance guarantee bon often thousand dollars ($10,040.00)made out to the Town of North Andover must be posted to unsure that the consouction,erosion cmntrol, measures,and performance of any other condition contained herein will talk place in accordance with the plans and the conditions of this decision and to ensure that the as m&plans will be submitted. b. The limit of work as shown on the plan by the erosion control line must be marked in the filed and must be reviewed and approved by the Town Planner. c. All erosion carol measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. Weekly inspections of all crosion control measures will be completed by the designated'indepetidat Environmental Momitor. d. The site shall have reeved all necessary pests and approvals fan the Nmlh Andover Conservation Commissionn, Board of Health, and the Department of Public Works, and be in compliance with the above permits and approvals.. e. All plans for the oonriection to municipal sewer must be reviewed and approved by the Division of Public Works. 3. Fourkbbon Plan; hrmediatcly upon completim of the addition lbundatm and prior to firm construction activities associated with the site, the applicant shall compkte a plan prepavod by a Registered Professional Land. Surveyor 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 stibmitted to the Tom Planner for review to verify that the setback limits under the special permit have been met. 4 1003 Osgood street,LLC 1003 Osgood Street Map,35,Lot 50 Watershed Special Permit—Modification 4. Prior To The Issuance Of Building Permit: a. The plans oriel hydraulic calculations for ewh fire shall be submwed for review and approval by the North Andover Fire Depsroxft and Buildmg b. Three(3)copies of the siigwd,recorded plans must be delivered to the Plating c. One certified copy of the recorded decision must be submitted to the Planning Department. 5. Prior To The Issuance Of A Certificate Of OccupanW. a No pesticides, fer lizers or chemicals shall be used in lawn care or m=ten;mce. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be sub nii ted to the Town Planner and included in the if b. The area shown on the plan rda=c cd in Cmdition 1 delineated as the area within the 250 foot Non- Disturbance Zone shall be left in its natural and open state and that no construction shall occur thereon The forepmg. shall not be conshvedl to pxvent the landscaping, mowmg or haying of the Open Space or the installation, maintenance, and replacement of utilities and/or dramaF of surlhce or subsurface water to or from the Open Space and all appurtenances thereto. The applicant shall incorporate this condition as a del . a copy of the deed shall be submitted to the Town Planner and included in the fide. c. The building must have any and all fuse sprmiders installed in accordance e with Massadtusetts General Laws Chapter 148 Section 26. Cali that the systems have been installed properly and in accordance with the above m&mecd rtgulations must be provided from the North Andover Fire Departtnent. 6, Prior To The Release Of The Performance Bond: a. The applicant shall submit an as-built plan stamped by a Registered Pwkssional Engineer in Massachusetts that shom all construction, including storm water mitigation, trenches and other pertinent site features. This as-budt plan shall be m 6nitted to the Town Pbnner for approval. The applicant must submit a+ ification from the design caginwr 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 other than as proposed on the plans rckrenced in Special Condition#12. 8. No open bunting shall be done except as is pernutted during burning season under the Fire DepwUnent 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 appficant, it`s employees and all successors and assigns in inWest or control. 11. Should the Project Owner transfer ownership of the project and/or property,the buyer shall meet with the Planning Board to provide an update on the status of the project. 5 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Watershed Special Permit—Modification 12. This Special Permit approval shalt be deemed to have lapsed two yeas after March 20, 2007 exclusive of the time required,to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 13, This decision must be filed with the North Essex Registry of Deeds. Tice following information is included as part of this decision: Plan titled: Site Development Plans for Lakeview Farm Development 1003 Osgood Street North Andover Massachusetts 01845 Prepared for: 1003 Osgood Street GLC. 160 Pleasant Street, North Andover,MA 01845 Prepared by: MHF Design Cmmllants,Inc. 103 Stiles Road,Suite One Salem,NH 03079 Scale: 1"=20' Date: August 10,2006,revised$/28/06, 1/22/07,2128/07,3/12/07. Sheets: 1—9,True Turning Plan I of 1,and Landscape Plan I-2 CC" Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant PUming Board Police Chief Fire Chief Applicant Engineer File 6 _�jsS #RECEIVED Town of North Andover A Office of the Planning Departure J07 APR 20 PM 2: 42 4 ; Community Development and Services Divis' t, ,s S,C Eta 16 00 Osgood Street NORTH "DO g�,. -1 RCHU5 g��...- W North Andover,Massachusetts 01845 M A S S A C S,-T: NOTICE OF DECISION Any appeal shall be fled within (20)days after the date of filing this notice in the office of the Town Clerk Date: 4/20/07 Date of Hearings: 9/5/06—3/20/07 Date of Decision: 4/20/07 Petition of: 1003 Osgood Street,LLC. 160 Pleasant Street,North Andover,MA 01845 Premises Affected: 1003 Osgood Street, North Andover, MA 0.1845, within the B-2 Zoning District,Assessors Map 35,Lot 50. Referring to the above petition for a Modification for a Watershed Special Permit under Section. 4.136(3)cii and for a Modification fcw a Site Plan Review Special Permit Under Section 8.3 from the requi ments of the North Andover Zoning Bylaw. So as to allow: the reconfiguration of the parking area, redesign and re-location of the easterly access driveway access fronting Osgood Street, the construction of 63 total parking spaces, remsed plan, and relaxed grading work in the General, Non Disturbance, an -Discharge Zones of th Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE a Modification for a Watershed Special Pen* and for a Modification for a Site Plan Review Special Permit based upon the following conditions: civ 44-,�awa beh.lt'g Planning Bo Richard Nardelta,Chairman John Simons,Vice Chaaman Alberto Angles,Clerk Jennifer Kusek Richard Rowen cc: Town Departments Applicant Engineer Abutters Assessor 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review- Special Permit Modification The Planning Board hereby approves the Modification for a Site Plan Review SpeaI� reconfiguration of the parking area,redesign and location of the easterly access driveway iron 11*64 Street, and 63 total parking spaces(54 parking space dedicated to 1003 Osgood' "ree* s1n%63? designated for shared parking between 1025 and 1003 Osgood Street) on the premised Osgood Street, as shown on Assessors Map 35,Lot 50. The project includes the creatio laf.0,"Tarking and Driveway Easement"located on easterly property line of the parcel. The purpo �jlch ,tq. create a combined access road and 9 parking spaces for 1003 Osgood Street and th5$AVp,�rci I025 Z�wtt Osgood Street,Map 35,Lot 20.A deed restriction would be placed on the existing open space prohibiting future development. 1003 Osgood Street,LLC., 160 Pleasant Street,North Andover,MA O1845, requested this Site Plan Special Permit modification on July 20,2006 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 to support the professional/medical office building with associated multi-family residential. It must be noted that the project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. Great care and consideration was taken by the Planning Board and applicant to design a project that would better protect the Town's primary source of drinking water. 2. A covenant will be placed in the deed restricting further development of the entire field portion of the site in perpetuity. 3. The use as developed will not adversely affect the neighborhood, as the project will improve the flow of vehicular and pedestrian movements and safety within the site and Osgood Street and Great Pond Road. Also, 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. 4. There will be no nuisance or serious hazard to vehicles or pedestrians as the consolidated access road improves the circulation and flow of vehicular and pedestrian traffic to 1003 Osgood Street and 1025 Osgood Street. 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. Refer to letters August 31, 2006, and October 2, 2006 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. 7. The shared access/egress road and parking area results in a better overall and cohesive plan that improves internal/external circulation of vehicles, pedestrians, parking, and emergency access and provides for a more aesthetically pleasing and cohesive project for 1025 Osgood Street and 1003 Osgood Street. S. A Water Quality Testing program for the site shall be incorporated as part of this decision. 1 . 1003 Osgood Street,LLC ` 1003 Osgood Street Map,35,Lot 50 Site Plan Review- Special Permit Modification 9. An Emergency Response Plan shall be incorporated as part of this decision. 10. 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. 11. 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. 12. 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 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 MBF Design Consultants dated August 10, 2006 and last revised 8/28/06, 1/22/07,and 2/28/07, 3/12/07 entitled"Site Development Plans for Lakeview Farm Development, 1003 Osgood Street,North Andover Massachusetts 01845" consisting of Sheets 1 through 9, Truck Turning Plan 1 of 1,and Landscape Plan 1 —2. iii) The"Project"or"1003 Osgood Street"refers to the development of a shared access roadway,, expanded parking area, and associated grading and extensive landscaping work. The project includes the creation of a driving and parking easement on 1003 Osgood Street,Map 35,Lot 50 and depicted on Sheet 3 of the Plans. The driveway and parking easement includes the construction of 9 spaces and shared access road to both properties. iv) The"Applicant"refers to 1003 Osgood Street LLC, 160 Pleasant Street,North Andover,MA 01845,the applicant for the 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) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development 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 inspections of the project and file reports on the 4th Monday of each month to the Planning Department throughout the duration of the project.The monthly reports shalt detail area of non-compliance, if any and actions taken to resolve these issues. As part of the monthly submissions, the Environmental Monitor will submit all environmental monitoring reports provided to Conservation Commission as part of their Order of Conditions. The designated monitor may not be applicant and/or developer. 2) The applicant shall designate an independent construction monitor who shall be chosen in 2 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review-Special Permit Modification consultation with the Planning Department. The construction monitor must be available upon four(4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file reports on the 4`h Monday of each month to the Planning Department throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. The designated monitor may not be applicant and/or developer. 3) 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. 4) PRIOR TO THE START OF CONSTRUCTION A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. 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. H) A bond in the amount of ten thousand dollars ($10;000.00) shall be posted for the purpose of covering any contingencies or emergency situations that may degrade or impact the quality of the Town's drinking water supply, Lake Cochichewick. The Guarantee shall be in the form of a bond 3 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review-Special Permit Modification acceptable to the Town made payable to the Town of North Andover escrow account and will be held ine e it . p rp toy Should ould the property be sold or transferred, the Planning Department will require that a bond be posted by the new owner and to be held in perpetuity. Said bond will only be utilized for the purposes stated above. 5) 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. C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. D) To ensure the continued protection of the health and welfare of the residents of North Andover and lessen the probability and possibility of contamination and incident to the Town's primary source of drinking, the applicant shall be required to submit to the Planning Department a comprehensive Emergency Response Plan and Maintenance Procedures. The Planning Board shall review and approve said plan. The final plans must be submitted for review within ninety(90) days of filing the decision with the Town Clerk. Failing submission of required Emergency Response Plan within 90 days will render this Special Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be distributed to the Town's Fire Department, Police Department, Planning Department, and the project site where the document(s) will be kept on file and easily accessible in case of an emergency. 6) 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) The Board will strictly enforce the policy relative to the stockpiling of materials(dirt, wood, construction material, etc.)and must be shown on a plan and reviewed and approved by the Town Planner. The developer will make every effort to locate stockpiles on the site away from the Lake Cochichewick. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts to Lake Cochichewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded. C) In an effort to reduce noise levels,the developer shall keep in optimum working order,through regular maintenance,any and all equipment that shall emanate sounds from the structures or site. E) The Town Planner will perform bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 7) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) The applicant must submit a letter from the architect and engineer of the project stating that the 4 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review- Special Permit Modification 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. B) 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. C) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. D) The applicant shall be required to submit a Water Quality Testing Program to the Planning Department. The Town Planner shall review and approve said plan. Said program will detail the location of testing sites and specify the methodology used for testing. The applicant will provide a report every six (6) months to the Planning Department presenting the water quality results and inspections of the on-site drainage facilities. E) Emergency Response Plan to be filed and posted in obvious place such as Fire Department, Police Department and Planning Department. 8) 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. C) A copy of an executed copy of the "Agreement of Easement" for the Parking and Driveway Easement shown in the plans referenced in Condition 9(M) between the owner of the 1025 Osgood Street and 1003 Osgood Street, LLC, owner of 1003 Osgood Street shall be submitted to the Planning Department. Said agreement shall be recorded at the Registry of Deed and a copy of the recording be submitted to the Planning. 9)GENERAL CONDITIONS A) 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. B) 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. 5 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review- Special Permit Modification C) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. D) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. E) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. F) No underground fuel storage shall be installed except as may be allowed by Town Regulations. G) All blasting shall be in complete compliance with regulations and procedures required by the North Andover Fire Department. H) 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. 1) 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. J) 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. K) This Special Permit approval shall be deemed to have lapsed two years after March 20, 2007, 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. M) The following information shall be deemed part of the decision: Plan titled: Site Development Plans for Lakeview Farm Development 1003 Osgood Street North Andover Massachusetts 01845 Prepared for: 1003 Osgood Street LLC. , ma 160 Pleasant Street, North Andover,MA 01845 , » Prepared by: MHF Design Consultants,Inc. (.n 103 Stiles Road,Suite One Salem,NH 03079 - C=) � , Scale: 1"=20' Date: August 10,2006,revised 8/28/06, 1/22/07,and 2/28/02/07. Sheets: 1 -9,Truck Turning Plan 1 of 1,and Landscape Plan t>J cc: Director of Public Works Building Inspector 6 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review- Special Permit Modification Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File 7 RECEIVED FRK'S Town of North Andover rc_ Office of the Punning DepartmeV07 APR 20 Phi 2: 42 ►;, .,,, �,': Community Development and Services Davis 1600 Osgood Shea NORTH AIdDQ�Jt North Andevm Mamachosem 01845 MASS ACRIU, i�c NOTICE OF DECISION Any appeal shall be filed Bldg. ZBA within (20)days atter the Con/Com Health date of filing this notice in Fire Chief Police Chief the office of the Town Clerk, Town Clerk DPW/Enginet Date: 4!20/07 Date of Hearings: 9/SJ06—MOM Date of Decision: 4/20/07 Petition of: 1003 Osgood Street,LLC. 160 Pleasant Street,North Andover,MA 01845 Premises Affected: 1003 Osgood Street, North Andover, MA 01N4 within the B-2 Zoning Disaic4 Asmssors Map 339 Lot 50. Referring to 1110 above Padden for a Modificatim for a Watershed Special Permit under Secton 4.136(3)cai and for a Modification for a Site plan Review Spacial Pemnit Under Section 8.3 fivrn the requiranem of the Nath Andover Zoning Bylaw, So 28 to allow: the reconfiguration of the paddog area, radeOgn and re„limon of the easterly access driveway access Street, the construction of 63 total parking spaces, revised landscape plan, and related grading work in the General, Non-;ice and Watershed Protection District. Dracharge Zones of the After a Public hearing given on the above date, the Planning Board votdl ID APPROVE a Motion for A Wer wdW SP=d Permit, and for a Modification for a Site Pb a Revww Special Permit based upon the follow*conditions: Owl Pynoaag Richard Nardek C kdrmmn John Snuons,Vice 0ainnan Alberto Angles Cork Jamifer Kusek cc: Town Departments Richard Rowen Applicant Eagineer Abutters Assessor 1 r 1003 Osgood Street,LLC 1003 Osgood Street M 35 Lot 50 T F�CtiIVED Watershed Special Permit—Modiflcatiea The public hearing on the above referenced application was gxmd 9/5/06 and chi ABRtNNP#2: 4 2 Andover Planning Board on 3/2012007. On 3/20/2007 upon a motion made by Richard Rawer and seconded by John ,Simons • „ Modification to the Watershed Special Permrt to reconfigure the padmg area, redesign a easterly access driveway fia tiug Osgood Street, and 63 trial parking spaces (54 parking space dedicated to 1003 Osgood and 9 pad* spaced designated for shared paddog between 1025 and 1003 Osgood Street) on the prenises referred to as 1003 Osgood Street, as shown on Assessors Map 35, Lot 50. The purpose of which is to create a combined access road into both properties and 9 padding spaces. This Special Permit was requested by Joseph Levis, 160 Pleasant Stmt, North Andover, MA for premises located at 1003 Osgood Street, LLC, North Andover, MA 01845 on 8/11/2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.3 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 11. The motion to approve was subject to I the FINDINGS OF FACTS and SPECIAL CONDITIONS set fix*in Appendix A to this decision. The Planning Board voted on the motion by a vote of 54. A spectral permit issued by the special permit granting authority requires a vote of at least four members of a five-menber board. The applicant is hereby notified that "M the applicant die with do dews M the Wplic a t Inas the right, unde MGL Chapter 40A, Section 17, to appeal to this decoon within twenty days aft the date this decision has been filed with the Town Cleric. In accordance with 4.136 the Fly Board makes the finding drat the imteot of the Bylaw, as well as its specific criteria, are met. This decision specifically stated by the Planning Board malaee the following FINDINGS OF FACT: 1. That as a result of the proposed con in oeojhmction wdh alwer uses nearby,there will not be any significant degradation of the quality or quantty of water in or entenag Lake Cachidhewwk. The Plaooms Board bases this finding an the Mowmg facts: a. The proposed structures will be connected to the Town sewer and waft systems. b. A deed restriction will be plabod limiting the types of fetilim twit can be used an die site. c. A covenant will be placed in the deed restricting fiurther development of the entire field portion of the site in perpduity. �I d. The topogmphy of the site will not be altered substantially. e. The limit of dearmg is restricted to the mmunim necessary to eonOud/moovabe the strhhdhunhs, construct the shared driveway access and paddug lotreoonfignuatian f. Certification has been provided by a registered proksmonal a*nw and fiuiba verified by the Town's eonshdoiog engineer, Vanasse, Hangen Brustlin, Inc. (VHB) that the bruMing, rawnfigured parking area, and shared driveway access were defined using Best Management Practices and tial project will not have an effect on the quality or quantity of nmoff edering the watershed protection district. Refer to letters dated August 30, 2006, September 21, 2006 and October 2, 2006 from VHB. Further, adequate safeguards have been,provided to mitigate pollutants fmm entering Lake Cochichewick. 2 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 WaterMed SpecW Permit—M"Vkxtion g. The construction has been reviewed by Town Staff and the Town's corgi engineer, VHB, and with the application of the erasion control measures and the minor moMcafim to the drainage and sMmvakr mameenu nt designs, that will be no degradation to the quality or quaray of water in or Lake Coc bWxwick or any delineated wetlands. The site drainage system and storm water management design are designed in accordance with the Town Bylaw requus and Best Engineering and Management Practices, and has been reviewed by 11W outside consulting engineer, V=ww, Hanger Bnxdin, Inc. "). Refer to letters daiod August 31, 2006 and October 2, 2006 from VHB. h. The Water Quality Testing and an &uergeucy Response Plan program required by the Site Plan Special Permit modification approved on STlember 5, 2006 have been incorporated into this decision by reference. 2. There is no reasonable- alternative location outside the Goural, Non-Disturbance and the Du dargo Zones for any discibarge, structure or aeftq awomated with the proposed pmjaa. An structrrres, impervious areas and utilities shown in areas that are allowed by rift under Section 4.136 of die North Andover Zonmg Bylaw. The srarmwater rnanagemew :facilities have been located as to rmnrimuze the rading and earthwork required to complete the project and restore vegetative cover as quickly as possible. In aooadanoe with Section 10.31 of the North Andover Zoning Bylaw, the P>amiing Board malaes the Sollowing FINDINGS OF FACT: 1. The specific site is an appropriate k=i ion for the proposed use as all Sensible storm water and erosion con bxAs have been placed on the site; 2. The use will not adversely aged the neighborhood, as the lot is located in a B-2 zomng district. The project: is located within an exGmmeiy environmental swsdm area and a close proximity to Lake CodudwwU, The final design reflects extensive discussions between the Town and applicant to ensure the c0M1UCd Protection of Lake Codiehewidc and the safety and welfare of die residents of North Andover. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that (1) the Proposed access Osgood Street will not *ificandy increase traffic flow or vdmnes and(2) the parknf design provides for adequate traffic flow, safety, and sum pedestrian ea recd ons throughout the project. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The prrhject will Provide Town water, sewer, and utilities on the property to adequately address the needs of the projed and has been reviewed,by the Division of Public Works and the outside consulting engineer, Vanasse,fllau>gen Brusdin,Inc.; 5. The existing tit conforms to the minimum lot area requiren a for a tit within the Busintm 2 District as shown in Table 2 of the North Andover Zoning By-laws. 6. The Planning Board also rake's a specific finding that the use ism harmony with the goal purpose and mtait of the North Andover Zowng Bylaw. 3 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Wstentcd Special Perdu—Modilkattion Upon reaclinig the above fmdinqp, the Plano ng Board approves this 3peaal Permit based upon the following SPECIAL CONDITIONS: 1. This decision must be Mod with the North Essex Registry of Deeds. The following information is included as part of this decision: a. A set of plans entitled"Site Development Plans for Lakeview Farm Development, 1003 Osgood Street,North Andover Massachusetts 01845"consisting of Sheets 1 through 9,Tnrck Turning Pian 1 of 1,and Laadscwpe Plan 1—2;prepared for 1 Osgood MHF �;lOP 3�Road, North Andover,MA 01845;prepared by prepared by Suite One, Salem,New Hampshire,dated August 10,2006 and hast revised 8MM, 1/12M,and 2MW coosisring of Sheets 1 through 9,Tnrdc Turning Plan 1 of 1,and Landscape Plan prepared by Hunb=Associates,Inc., 17 Tewksbury Street,Andover,MA 01810,cow of Sheets 1&2. b. A Traffic Study prepared by DIK Associates entitled-Fm is h V"and Access Study"dded August 14,2003. c. Dra*W calculations aiWW"Stormweser Malt Draimp C,alarlamions and Best Management Practice,prepared by MHG Design Cacrnrita^dated August 15,2003. The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Taws Planner would require a public hearing and moon by the Planning Board. 2. Prior To Any Work on a. A performance guarantee bond of ten drousand dollars ($10,000.00)made out to the Tann of North Andover must be posted to instue that the construction,erosion control, measures, and pa*rmance of any other condition contained herein will take plaoe a accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b. The Oak of work m shown on the plan by the erosion control line and be narked in the filed and must be reviewed and approved by the Town Plss mer. c. All erosion control measures as spawn on the plan must be in place and reviewed by the Tann Planner and Conservation DgwtmenL Weekly inspections of all erosion control measures will be completed by the designated independent monitor. d. The site shall have received all necessary penins and approvals fram the North Andover C servation Co iminion, Board of health, and the Deparbucut of Public Warks, and be in can hmm with the above ponds and approvals. e. All plane for the connection to municipal sewer must be raAWW and approved by the Division of II Public Warks. 3. Foundation Plan: Immadialdy upon Mripletion of the addition foundation and prior to further construction activities asxxkVod with the site, the applicant Ad complete a plan prepared by.a Registered Profissional Land Surveyor which accurately depicts the f xuidation bcwLion and its pr . to wetland resource areas and watershed buffer sores as shown on the M p oved Watershed Site Plan. Said plan shall be mbmftd to the Tom Planner for review to verify that the setback hunts under the special permit have been met. 4 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Watershed Special Perak—ModifKatim 4. Prior To The Issuance Of A Builder Permit: a The Plans and 10*301ic calculations for each fire sprinkler system shall be submimed for review and approval by the Nath Andover Fie Depertn est and Building Impactor. b. Thee(3)cqies of the signed,mom*d plans mist be delivered to the Pla g Depsrhnm t c. One certified copy of the recorded decision must be submitted to the Planning Departnneut. 5. Prior To The Issumee Of A Ce Waste Of Occupim y►: a. No pentodes, fertilizers or chanicals shall be used inn dawn cane or mamtenanoe. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be subrrdtted to the Town Planner and included in the file. b. The area shown on the len referenced in 1 250 hoot Nary p Condition delmneafed as the arra wdlun the DWwbance Zone shit be leg m its nahnal and open state and that no construction shall occur thereon The ftcpm* shat( not be construed to prevent the Lw&mping, nmft or haying of the Open Space or the installation, numtenance., and neplacament of utilities and/or drainage of surface or subsurface water to or from the Open Space and all appurtarances thereto. 'tire applicant shall incorporate this condidw as a dead cmtriedon; a copy of the deed shall be subrrnitted to the Town Planner and included in the file. c. The building must bave any and all fire sprinklers imWled m acoordmm with Massachrus W General Laws Chapter 148 Section 26. C.ertifientim that the systems have been nislalted property and m accordance with the above m&=w d regulations must be provided fivam the Nardi Andover Fie Departs ant. 6. Prior To The Release Of The Performance Bond: a. The applic,it shall submit an as4x& plan stamped by a Registered Pmfiessiaoal Engineer m Massae u du that shows all construction, including storm water nudgation trenches and odner perhnart site fieatures. This m-biui t plan shall be whn ted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b. The Planning Board roust by a majority vote motet a finding that the site is in confimnanoe with the approved plan. 7. to no infante shall the applicant's propound caastr Kbm be allowed to fiuther impact the sift other than as proposed on the plans mfin hoed in Special Can bdm#12. 8. No open burning shall be done except as is permitted during bummg season under the Fire Department msulations• 9. The C aacxor shall contact Dig Safe at least 72 haws prior to commencing excavation. 10. The provisions of this conditional approval shall apply to and be binding upas the apphcaK it's ample e=and all successors and assigns in interest or control. 11. Should'the Project Owner transfer ownership of the project and/or property,the buyer shall meet with the Planning Board to provide an update on the status of the project. 5 1003 Osgood Street,LLC 1003 Osgood Strest Map,359 Lot 50 W""*W Special Permit—Modificad" 12. This Special Permit approval shall be doemed to have lapsed two Years after March 20, 2007 exclusive of the time required to purer or await dcterminafm Of any appeals, unless substantial use or construction has cmhncnced within said two-year period. Substantial use or canstsuction will be determined by a majority vote of the Plahming Board. 13. This decision must be filed with the North Essex Registry of Deeds. The following iuforhhhhation is included as part of this docision: Plan tided: Site Development Plans for Lakeview Farm Development 1003 Osgood Street North Andover Massachusetts 01845 Pmpamd for: 1003 Osgood Street LLC. 160 Pleasant Street, North Andover,MA 01845 PmpwW by. MW Design Com,Inc. 103 Stiles Road,Suite One Salem,M 03079 Scale. 1"=20' Date-. August 10,2006,revised 8128/06, 1/22/07,2=W,3/1210'!. Shoes: 1—9,Trude Turning Plan 1 of 1,and Landscape Plan l-2 cc: Director of Public works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Fxghncer o --4 File Nom`` 70 i�tn rn 6 �ECEpIVEQ _ Of MTM �Ol!..# r! �f.t�•� o..�'. •: Town of North Andover Office of the 01 AP ., planning Departn>Ee� R 20 PH 2. 42 ,,, ,• ,•. Community Development and Seances Di ` 71 3 1600 WY S� i".4Vbi j'--r �8 NORTH A.r�Q r , North Andava,Mag&xhoaeHs 01845 MAS SACE1t!="T' S NOTICE OF DECISION Any appeal shall be filed within (20)days alter the date of filing this notice in the office of the Town Clerk. Date: 4/'20/0'07 Date of Hearings: 9/5/06—3120/07 Date of Decision: 4120/07 Petition of: 1003 OVeW Saar,LLC. 160 Pleasant Street,North Andover,MA 01845 Premises Affected: 1003 Osgood Stmt, North Andover, MA 0184 within the B-2 Zoning Dom,Assessors Map 35,Lot S0. lk&r ug to the above petition for a ARodilic"m for a Water" Speaal Permit under Section 4.136(3)c i and for a Modification fvr a Site Plan Review Special Pemrit Under Section S.3 fmm the mWirmunts of the North Andover Zoning Bylaw. So as to allow: the reconfiguration of the parking arm and w4ocation of the cub* access *wMy acem >i'ontmg 03800d Stfu t, the construction of 63 total parking spaces, revisal landscape Plan, and related grading work in the General, Non-Disturbance, and Non- Watershed Protection District. Zones of the After a public haiog given on the above date,the Planing Board voted tD APPROVE a Modi eadon for a Wabe'bed Special P61149 and fior a Mod;6cabion for a Site Plan Review SPOW Permit based upon the following con"ons: err► beh.lt�f Richard Nardella,CWrman John Simons,Via Chai nisn Alberto Aggles,Clerk Jennifer Kusek cc: Town Dgxu nits Richard Rowen Applicwt Enginw Abutters Assessor 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review-Special Permit Modification r r The Planning Board hereby approves the Modification for a Site Plan Review SpgcMtl.p• E6}W. reconfiguration of the parking area,redesign and location of the easterly access driveway fronting Osood Street,and 63 total parking spaces(54 parking space dedicated to 1003 Osgood Mfpg A Xh designated for shared parking between 1025 and 1003 Osgood Street)on the prermses re Osgood Street,as shown on Assessors Map 35,Lot 50. The project includes the creati 4, "Parking and Driveway Easement"located on easterly property line of the parcel. The pur",0w�i}'Ghjs,to -. create a combined access road and 9 parking spaces for 1003 Osgood Street and th R R, 025 Osgood Street,Map 35,Lot 20. A deed restriction would be placed on the existing open space prohibiting future development. 1003 Osgood Street,LLC., 160 Pleasant Street,North Andover,MA 01845, requested this Site Plan Special Permit modification on July 20,2006 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 to support the professional/medical office building with associated multi-family residential. It must be noted that the project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. Great care and consideration was taken by the Planning Board and applicant to design a project that would better protect the Town's primary source of drinking water. 2. A covenant will be placed in the deed restricting further development of the entire field portion of the site in perpetuity. 3. The use as developed will not adversely affect the neighborhood,as the project will improve the flow of vehicular and pedestrian movements and safety within the site and Osgood Street and Great Pond Road. Also, 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. 4. There will be no nuisance or serious hazard to vehicles orpedes consolidated trians as the ted access road da improves the circulation and flow of vehicular and pedestrian traffic to 1003 Osgood Street and 1025 Osgood Street. 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. Refer to letters August 31, 2006, and October 2, 2006 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. 7. The shared access/egress road and parking area results in a better overall and cohesive plan that improves internal/external circulation of vehicles, pedestrians, parking, and emergency access and provides for a more aesthetically pleasing and cohesive project for 1025 Osgood Street and 1003 Osgood Street. 8. A Water Quality Testing program for the site shall be incorporated as part of this decision. 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review-Special Permit Modification 9. An Emergency Response Plan shall be incorporated as part of this decision. 10. 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. 11. 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. 12. 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 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 10,2006 and last revised 8/28/06, 1/22/07,and 2/28/07,3/12/07 entitled"Site Development Plans for Lakeview Farm Development, 1003 Osgood Street,North Andover Massachusetts 01845" consisting of Sheets 1 through 9,Truck Turning Plan 1 of 1,and Landscape Plan 1—2. iii) The"Project'or"1003 Osgood Street"refers to the development of a shared access roadway, expanded parking area,and associated grading and extensive landscaping work. The project includes the creation of a driving and parking easement on 1003 Osgood Street,Map 35,Lot 50 and depicted on Sheet 3 of the Plans. The driveway and parking easement includes the construction of 9 spaces and shared access road to both properties. iv) The"Applicant'refers to 1003 Osgood Street LLC, 160 Pleasant Street,North Andover,MA 01845,the applicant for the 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) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development 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 inspections of the project and file reports on the 4'h Monday of each month to the Planning Department throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any and actions taken to resolve these issues. As part of the monthly submissions, the Environmental Monitor will submit all environmental monitoring reports provided to Conservation Commission as part of their Order of Conditions. The designated monitor may not be applicant and/or developer. 2) The applicant shall designate an independent construction monitor who shall be chosen in 2 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review-Special Permit Modification consultation with the Planning Department. The construction monitor must be available upon four(4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file reports on the 4`h Monday of each month to the Planning Department throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues.The designated monitor may not be applicant and/or developer. 3) 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. 4) PRIOR TO THE START OF CONSTRUCTION A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. 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. H) A bond in the amount of ten thousand dollars ($10,000.00) shall be posted for the purpose of covering any contingencies or emergency situations that may degrade or impact the quality of the Town's drinking water supply, Lake Cochichewick. The Guarantee shall be in the form of a bond 3 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review-Special Permit Modification acceptable to the Town made payable to the Town of North Andover escrow account and will be held in perpetuity. Should the property be sold or transferred, the Planning Department will require that a bond be posted by the new owner and to be held in perpetuity. Said bond will only be utilized for the purposes stated above. 5) 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. C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. D) To ensure the continued protection of the health and welfare of the residents of North Andover and lessen the probability and possibility of contamination and incident to the Town's primary source of drinking, the applicant shall be required to submit to the Planning Department a comprehensive Emergency Response Plan and Maintenance Procedures. The Planning Board shall review and approve said plan. The final plans must be submitted for review within ninety(90)days of filing the decision with the Town Clerk. Failing submission of required Emergency Response Plan within 90 days will render this Special Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be distributed to the Town's Fire Department, Police Department, Planning Department, and the project site where the document(s) will be kept on file and easily accessible in case of an emergency. 6) 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) The Board will strictly enforce the policy relative to the stockpiling of materials(dirt,wood, construction material,etc.)and must be shown on a plan and reviewed and approved by the Town Planner. The developer will make every effort to locate stockpiles on the site away from the Lake Cochichewick. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts to Lake Cochichewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded. C) In an effort to reduce noise levels,the developer shall keep in optimum working order,through regular maintenance,any and all equipment that shall emanate sounds from the structures or site. E) The Town Planner will perform bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 7) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) The applicant must submit a letter from the architect and engineer of the project stating that the 4 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review-Special Permit Modification 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. B) 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. C) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. D) The applicant shall be required to submit a Water Quality Testing Program to the Planning Department. The Town Planner shall review and approve said plan. Said program will detail the location of testing sites and specify the methodology used for testing. The applicant will provide a report every six (6) months to the Planning Department presenting the water quality results and inspections of the on-site drainage facilities. E) Emergency Response Plan to be filed and posted in obvious place such as Fire Department,Police Department and Planning Department. 8) 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. C) A copy of an executed copy of the "Agreement of Easement" for the Parking and Driveway Easement shown in the plans referenced in Condition 9(M) between the owner of the 1025 Osgood Street and 1003 Osgood Street,LLC,owner of 1003 Osgood Street shall be submitted to the Planning Department. Said agreement shall be recorded at the Registry of Deed and a copy of the recording be submitted to the Planning. 9)GENERAL CONDITIONS A) 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. B) 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. 5 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review-Special Permit Modification C) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. D) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. E) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. F) No underground fuel storage shall be installed except as may be allowed by Town Regulations. G) All blasting shall be in complete compliance with regulations and procedures required by the North Andover Fire Department. H) 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. 1) 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. J) 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. K) This Special Permit approval shall be deemed to have lapsed two years after March 20, 2007, 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. M) The following information shall be deemed part of the decision: Plan titled: Site Development Plans for Lakeview Farm Development 1003 Osgood Street North Andover Massachusetts 01845 Prepared for. 1003 Osgood Street LLC. 160 Pleasant Street, o North Andover,MA 01845 3 23" Prepared by: MHF Design Consultants,Inc. CDA N Rt7 103 Stiles Road,Suite One ;��•�: N Salem,NH 03079 Scale: 1"=20' -o rn Date: August 10, �, gu 2006,revised 8/28/06, 1/22/07,and 2/28/0'x;. 2/07._. Sheets: 1 -9,Truck Turning Plan 1 of 1,and Landscape Plan F; Z N �' ,� ca cc: Director of Public Works Building Inspector 6 1 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review-Special Permit Modification Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File 7 Feb 15 07 02:49p naRTH ANDUVhk 9786889542 P. 1 TO: FAX# Afl��ff FROM:Mary,Planning A,sistant,Tow, of Nm*An&ver,MA WREB 16 1 FAX #978-688-9542- PHONE #97"88-95356 TO 6 � in 4„1 aaf�'a : . Please sign your camaid fill in address ofpremises ate,fill F t1 date,return same to fim#978-688-9542. Thank you. + "REMLI O A corMM=' NAME: &% MmULA ADDRESS OF PREMISES AFFECTED: PHONE NUMBER: AREA CODE;(G,+a3,,J tib—c>'i2cs "I WINO REQUEST A CONTINUANCE UNTIL : � � in M date THEREFORE, WAIVE TM TM CONSTRAINTS FOR ISSUING OF ANY AND/ALL DECISIONS RELATIVE TO ANY/AND ALL PERWrS OF THF PLANK 40 BOARD FOR TIE TOWN OF NORTH ANDOVER, MA. SIGNED O +(� SENTATIVE: 'gnatctre DATE: 2. t fill in cunt*date �urreotvzmvt�,r+r►c� Post.w FOX Note 7671 o� r of ►�!� F"m Co phom Phone k��_�_�+pax 0 Fox war. Ms am Now♦ �w Consultants, 1�l�ilas Road-Suita one-sale New MHF DesignMc. (603)893-0 Hampshl�09Q C F-I E TEL(603)863-0720 FAX 2007 FEB 16 ANN:: Febn y 13,2007' Mr. Lincoln Daley-Town 1'lmmer Town of North Andover Planning,Department 1I .6. ; .- 1600 Osgood Street Suite 2-36,Bldg 4,20 North Andover,MA,018+5 Re: Site dans 1003 Osgood Street Lakeview Parra Development MW#210206 Dear Mr.Daley&Board Members: On behalf of 1003 Osgood Street,LLC we are requesting a contixmaaaace for the above reference project to the Planning Board meeting date of March 6,2007. We are also requesting a waiver on the time.restraint until Mameh 13, 2007. If you should have any questions,please contact me at(603)893-0720. Sincerely, .1.VW Design Inc. ristopher "fymula,E.T.T. Staff Engineer CR 210206 Cc' Joseph.Levis, 1003 Osgood Street LLC FAP.roject�lrag121020aC.o�e-Salve ENGMEE - PlANNffM • SURVEYORS 103 Stiles Road-Suite One-Salem,New Hampshire 03079 MHF Design Consultants, Inc. TEL(603)893-0720-FAX(603)893-07332gol FEB —7 IVAIM 8: 3z3 �! 01 - ' January 31, MAS C 0 Mr. Lincoln Daley-Town Planner Town of North Andover Planning Department 1600 Osgood Street Suite 2-36, Bldg#20 North Andover, MA 01845 Re:- Site Plans 1003 Osgood Street Lakeview Farm Development MIF#210206 Dear Mr. Daley&Board Members: On behalf of 1003 Osgood Street, LLC we are requesting a continuance for the above reference project to the Planning Board meeting date of February 20, 2007. If you should have any questions, please contact me at(603) 893-0720. Sincerely, MHF Design Consultants, Inc. C stopher M. vymu a.,E.I.T. Staff Engineer CR 210206 Cc: Joseph Levis, 1003 Osgood Street LLC F:Trojects\F-ng\210206\Continuance-4.doc ENGINEERS PLANNERS • SURVEYORS l T is 103 Stiles Road•Suite One•Salem, New Hampshire 03079 MHF Design Consultants, Inc. TEL(603)893-0720•FAX(603)893-0732007 FEB _ January 31i; r 'fA .tt, Mr. Lincoln Daley- Town Planner Town of North Andover Planning Department 1600 Osgood Street Suite 2-36, Bldg#20 North Andover, MA 01845 Re: Site Plans 1003 Osgood Street Lakeview Farm Development MHF #210206 Dear Mr. Daley&Board Members: On behalf of 1003 Osgood Street, LLC we are requesting a continuance for the above reference project to the Planning Board meeting date of February 20, 2007. If you should have any questions, please contact me at(603)893-0720. Sincerely, MHF Design Consultants, Inc. C stopher M. ymu a, E.I.T. Staff Engineer CR 210206 Cc: Joseph Levis, 1003 Osgood Street LLC F:\Projects\Eng\210206\Continuance-4.doc ENGINEERS PLANNERS SURVEYORS i 103 Stiles Road•Suite One•Salem,New Hamps[Th!! 019`- MHF Design Consultants, Inc. TEL(603)893-0720•FAX(603)893-0733 ` P1, 2 7 March 1, 2007 S Mr. Lincoln Daley- Town Planner ss Town of North Andover Planning Department 1600 Osgood Street Suite 2-36, Bldg#20 North Andover, MA 01845 Re: Site Plans 1003 Osgood Street Lakeview Farm Development MHF #210206 Dear Mr. Daley&Board Members: On behalf of 1003 Osgood Street, LLC we are requesting a continuance for the above reference project to the Planning Board meeting date of March 20, 2007. We are also requesting a waiver on the time restraint until March 27, 2007. If you should have any questions, please contact me at (603) 893-0720. Sincerely, MHF Des'gn Consul ants, Inc. Christopher M ymula, E.I.T. Senior Project ngineer CR 210206 Cc: Joseph Levis, 1003 Osgood Street LLC F:\Projects\Eng\210206\Continuance-6.doc ENGINEERS PLANNERS . SURVEYORS .. 103 Stiles Road-Suite One-Salem, New Hampshire 03{979° MHF Design Consultants, Inc. TEL(603)893-0720-FAX(603)893-0730 k », March 1, 2t ► y Mr. Lincoln Daley- Town Planner Town of North Andover Planning Department 1600 Osgood Street Suite 2-36, Bldg#20 North Andover, MA 01845 Re: Site Plans 1003 Osgood Street Lakeview Farm Development MIF#210206 Dear Mr. Daley&Board Members: On behalf of 1003 Osgood Street, LLC we are requesting a continuance for the above reference project to the Planning Board meeting date of March 20, 2007. We are also requesting a waiver on the time restraint until March 27, 2007. If you should have any questions, please contact me at(603) 893-0720. Sincerely, MH Des'gn Consul ants, Inc. Christopher M ymula, E.I.T. Senior Project ngineer CR 210206 Cc: Joseph Levis, 1003 Osgood Street LLC F:\Projects\Eng\210206\Continuance-6.doe ENGINEERS • PLANNERS . SURVEYORS 13 n-*Pz;�Prnmf a Sullp Onn 4 Si!am row Cl - -- 1 1 TEL i6tW OWA720-FAX(6 0 -3�A E . .9 3-417-33 "C Nnr+,h 4on# ir 4 'ria7mi�tr7tyHii a? 1600 Osgood Street l%j^-#i% :`c-AA %mir Nn A it IRA; Resite flans ot I U%jj U 00 3 LA Oo ki A 210206 statuj a cij--intirli ia-lljrCT r nic. 0=,rc MU W Osgood Stutet, UP. MqUt icl low— �Mwm —am tm--- —aw— vam a wo lt;au, Inc. kA Tuy-t-tile V IT rn RECEIVE T'� t 4 AORT11 q Town of North Andover 32®t?``°,s'a"4a� Office of the Planning Department Community Development and Services Division 400 Osgood Street North Andover,Massachusetts 01845 Lincoln Daley hgp://www.townofnorthandover.com P (978)688-9535 Town Planner F (978)688-9542 c� cr NOTICE OF DECISION Any appeal shall be filed ¢xr - within(20) days after the date of filing this Notice 77 in the office of the Town Clerk. cn Date: May 17,2005 Date of Hearings: March 25 thru May 3,2005 Petition of- Phomas 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 Burd voted to APPROVE a Modification to a Site Plan Review Special Permit,upon a motion made by Richard Nardella and 2''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 unanam ous 5-0. Signed: Lincoln Daley,To lanner cc: Applicant Engineer Abutters Town Departments BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r CE1v 1003 Osgood Street , CE BDSHA :?WN C L F R K Site Plan Review-Special Permit Modification 'i;i ; ' 'J V F, The Planning Board hereby approves the Special Permit/Site Plan Review modific4 &W*n4Pation5 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 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"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 1 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 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 I) 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 LI 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 i 1003 Osgood Street Special Permit Approval-Modification 6 C ILIVCE JOYCE BRADSHAW 1003 Osgood Street i OWN CLERK, d?`## F �;s pf t Special Permit- Watershed Protection District Modification iT The Planning Board makes the following findings regarding the application of Thomas'90 iel,OLLC, 1' 51 231 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 M14F 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 t 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 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. The applicant shall incorporate this condition as a deed restriction;a copy of the deed shalt 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) to 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 .t Page 1 of 3 Site Plan Special Permit Application Town of North Andover Planning Board Application for Site Plan Special Permit Please type or print clearly. "` - 1. Petitioner: Thomas Properties LLC Petitioner's Address: 231 Sutton Street North Andover Massachusetts 01845 Telephone number: 978.327.6540 phone 2. Owners of the Land: Thomas Properties LLC Address: 231 Sutton Street North Andover MA 01845 Number of years of ownership: 3 years+/- 3. Description of Proposed Project: The approved project entails the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet(+/-)of professional office space and four renovated residential apartments.The site is a 3.20+/-acre parcel of land bounded by Osgood Street to the west,Treadwell's Ice Cream to the north,Lake Cochichewick to the east and the Stevens Estate at Osgood Hill to the south. The project is within the Watershed Protection District,and a Watershed Special Permit was fled and approved concurrently with the original application. This application is to request a modification to General Condition C of the site plan special permit issued on January 12,2004.General Condition C required the regrading of the existing open field to accommodate a youth soccer field. Since the time of the original approval,North Andover Youth Services has stated that in lieu of the soccer field they would rather take an in-kind gift of$25,000.This application seeks approval from the Planning Board of this proposed modification. 4. Description of Premises: The site is improved with an existing farmhouse,barn,driveways and open fields.The primary use is residential, and the property contains approximately 3.20+/-acres. 5. Address of Property Being Affected: 1003 Osgood Street,North Andover Zoning District: Business Two(B-2) Assessors: Map: 35 Lot# 50 Registry of Deeds: Book#: 6895 Page# 325 6. Existing Lot: Lot Area(Sq.Ft) 3.20 Acres+/- Building Height: 41'-6"+/-(barn) Street Frontage: 305'+/- Side Setbacks: 68'min+/- Front Setback: less than 10' Rear Setback: 320'+/- Floor Area Ratio: .10:1 +/- Lot Coverage: 7%+/- 7. Proposed Lot(if applicable): Lot Area(Sq.Ft) 3.20 Acres+/- Building Height: 41'-6"+/-(existing_bam) Street Frontage: 305'+/- Side Setbacks: 64'min. Front Setback: Existing Rear Setback: 320' to rear property line Floor Area Ratio: .13:1 +/- Lot Coverage: Less than 35% 8. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) 25,000 sf Building Height: 35' Street Frontage: 125' Side Setbacks: 40'From R-1 Boundary ' `-Pa e 2 of 3 g Site Plan Special Permit Application Front Setback: 30' Rear Setback: 45'From R-1 Boundary Floor Area Ratio: .30:1 Lot Coverage: 35% 9. Existing Building(if applicable): Ground Floor(Sq.Ft.) 4,625 sf+/- #of Floors Three/Four,see plan Total Sq.Ft. 13,165 sf+/- Height: 41'6"+/-(barn) Use: Residential Type of Construction:wood frame 10. Proposed Building: Ground Floor(Sq.Ft.) 5,885 sf+/- #of Floors Three/four,see plan Total Sq.Ft. 17,843 sf(including residential) Height: 41' 6"+/-(existing) Use: Office/Residential Type of Construction: Steel&wood frame 11. Has there been a previous application for a Special Permit from the Planning Board on these premises?YES If so,when and for what type of construction?A Special Permit was granted on January 12,2004 for the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet(+/-)of professional office space and four renovated residential apartments. 12. Section of Zoning Bylaw that Special Permit Is Being Requested: NAZB Section 8.3-(Site Plan Review Special Permit)and Section 10.3 (Special Permit Regulations) NAZB Section 4.136(Watershed Protection District) 13. Petitioner and Landowner signature(s): Ever, application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Off e oe . - the applicant from s responsibility. The petitioner shall be responsi or all expe s for filing an deg notification. Fai a to comply with application requirements, cited hex and in fanning Bo ' Rules and Regulation may result in a dismissal by the Planing card of*application as inc plet Petitioner's Signature: ,,� b Print or type n here: is inicucci Jr. embe - Pro erties LLC Owner's Signatur Print or type name here: Louis P.Minicucci,Jr. Member -Thomas Properties LLC 14. Please list title of plans and documents you will be attaching to this application. Plans: Landscape Plan 1003 Osgood Street North Andover,Massachusetts 01845 Dated: August 15,2003 Prepared by: Huntress Associates 17 Tewskbury Street Andover,MA 01810 Reports,Attachments and filing fees • Site Plan Review/Special Permit Modification Filing Fee NtPIPTN PnTNIT PFAI TY PAIT ANA. 'A -nf Nel—I Tom, ._ _ . t Di ;len a s§nng - €sem__ -7-•� .=Y_e a zz�s=.�: r::... ,4 Qaue'=„7'F iia Ai S16TC34 2 5 U5w in this uJi iarill direcuy upposite on 211V T_llbh- -'="'__ -�ti = v •-v�:s4ti:R� v i4VULtUS W-111f, three hundread (300) r— of-+he V. MM pee'xsEtirte.r as rney i4pDftr on the moot recent ppi.. hl ta-Iliq esiaiaaaar, uuit t1je Ail ci 61.2111Y Such O'QyTner is located _ ity P-11-1i r�:;2rd OI Lice City Oita town and the � n ng Fa - -- M. 5 � +�i.w lTfei.a�board o�'v�"F-'Y-'� :1�►547T-t3sz raver .- __ 3 _s}'Sx i. 73s. MV Mno wqrre9_ ,name 2nd 'Kam Sy rl aia F ! ABUT I ERS PROPER"3LIC '`'=' v _ .��k.. : C)t'kj I MAO PARCEL,, NAW, A DRES- t3.. �`n—f\cc lam, cat!�cz ` Ok ftq —'4-n� t� t= {1 s� ren r�nrz '} �! ! n ►ate i 1 -v r,n - tea: ,. . TT- �!'_s.,=� . t%__ �i cwt�-ri�r '� ` IQVI i-sir' a UqSIV42RI . (01 . -_-- _- A .._,;.�,v'vA.3vvii� iissYLr. l'�D F3� -'sl ?9Y THE /h b.` 'EZl3' £Y` DBL' E fon certifies that the names appearing on the �� .�%1�3 rik7records of the ssess s ce as of tBoar d7 Fsse r N - Andover rtified by: ate 3 -? ��� @R-11.3/ 620 14:50 9783276544 NORTH POINT REALTY PAGE 03./0:3 l'mqbes , n9 a�sPPrest� Abuttea'T insa.esy ... �. EryL9?mS3._ - �.T._el+�F.l T: 19:-ice@. 45?A; _ s� ?.r^_.$"F'?f!?'� a_ _�e4 - - ±Uei psi as` iasean this tllg men __ =- - • --=—`-�•��`) ':•^=:• •:=• :waav UNA%;LLAY VN�V51`[B 013 Sl�i !�!!6llsr :;: .� - - _ - ✓V r,.. --= _ _ ••s�> ns,_` -_,� ::, .�::::;bGi 5 ri Hii$lei iCt1 CC riuklulred i. 00'l Ebel of 4ha F HJPI ESIe 6iI0$I Ck,e.1t Pas!!3lgr;;4ii� .:m a iiae ate= ,f n'r• yft. == =-ce•-�-V:tee g lam- iia iaalial v'� S6II 319C6A owner is 1t"�'tgi Y9 c 'ay or s jt'.� sasi�s bva--d O Ehe City or town, and.tht- planning bo:jr j? are-a 7f y.flLutfi 1gv C;*--- or _ - -- •••' .f Hut? h--,h--, _ —v uueSS _ (Please Pl nt eltirly —•`� ;'� x'3X _ A i 1 l 11 Al%i�l� � iE1{ � _ rye 061 Alf B/Yia TILTS Ud F O TLtf�T"_r�f ty u, f i+rte., ,2, _�. � .,l c a,§=_ � TI A DATE PAGE _ This certifies that the names appearing on the _ PP 9 oua ot`HSsefry prih#1?? Qvar records of the Assessor Office as of Certifi d by Date 2 I '"" _ Huntress Associates,Inc. ' Landscape Amhilmtum&Land Planning ____ ,�� 17 Tewksbury Street ------_— - �" Andover,Massachusetts 01810 ;— _ ► •.\ 978 470 8882 FAX 978 470 8890 t;,`•'•:•;\ /. / / EXISTING OPEN FIELD TO R04W It-'. LOAM a SEED 'C \,• LOAM 4..5® `-.,;. Project: • • \ `�����' '}� 1003 Osgood Street ` y i rIt North Andover,Massachusetts �. •• ASN A _� PLANTIN6 N0TE5 ` AS EA61 I. PRIOR TO THE START OF ANY EXCAVATION FOR THE PRO.ECT BOTH 6. ALL PLANTS SHALL.BEAR THE sAME.RELATIONSHIP TO FINISH&RADE •• (4) , ` ON AND OF TSITE,THE CONTRACTOR SHALL NOTIFY 0166AFE AND .AS IE TO ORIGINAL 61%ADE5 BEFORE DIGGING. I, ... TC(1)," DrawM9 TItl- - BE PROVIDED WITH A D165AFE NUMBER INDICATING THAT ALL emsnms - ,w. \ _ 't UTILITIES HAVE BEEN LOCATED.AND MARKED. 9. ALL PLANTS TO BE BALLED IN BURLAP OR CONTAINERIZED. _ /� 2. CONTRACTOR SHALL BEGIN MAINTENANCE IM'IEDIATELY AFTER 10.MULCH FOR PLANTED AREAS TO BE ASW PINE BARK.PARTIALLY WILL C p - PLANTING AND LL CONTINUE tRNTIL FINAL ACCEPTANCE.. D50OW05ED,DARK BROWN IN COLOR AND FREE OF WOOD CHIPS' Landscape e Plan THICKER THAN V4 INCH. .. .... - 1G nO \N ' 3. CONTRACTOR SHALL VERIFY ALL TREE REMOVALS WITH LANDSCAPE ` ARCHITECT PRIOR TO CONSTRUCTION START. II. PLANTING SOIL MIX:LOAM THOROUGHLY INCORPORATED WITH ROTTED I ": \ ,� \ RM(30) ` MPNJRE PROPORTIONED 5 G.Y.TO IG.Y.OR EOUIVALBNT. PEAT T405S TG N J AS y 4. CONTRACTOR SHALL MAINTAIN POSITIVE DRAINAGE AWAY FROM ALL W17H FERTILIZER ADDED PER MANUFACTURER'S IREC47ha4MKCEO RATES. _ ,' BWLDIN&FOUNDATION^ RUC ,STTURES AND PLANNTINS,BEDS. 12. THE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL PLANT - AC(3) -- S. MAXIMUM SLOPE WITHIN D15TUR W AREAS SHALL NOT EXCEED 5d,.... MATERIALS FOR ONE N NC FULL YEAR FROM DATE OF ACCEPTAE. - (10) UNLESS OTHERWISE NOTED. ' t RC(3) ,.13. ALL PLANT MATERIALS ARE SUBJECT TO THE APPROVAL OF THE out 6. THE LANDSG.4PE CONTRACTOR SHALL SUPPLY ALL PLANT MATMALS, ':I.LANDSCAPE ARCHITECT.AT THE NURSERY,AND AT THE SITE. IN CNANTITIES SUFFlGE3NT TO COP'PLETE ALL PLANTINGS 5H0ViN ON THIS DRAWING. 14. LANDSCAPE ARCHITECT TO FLAG ALL TREY TO BE TRANSPLANTED I VitDYtc 4 PRIOR TO CONSTRWTION START.. = - ^ '' , AS N T. ALL MATERIALS SHALL CONFORM TO THE&UIDLLINES ESTAISLISHED BY FA(21 .• -y „- �' THE AMERICAN A55OCRATION OF NURSERYMEN. IS. ALL AREAS OF THE SITE WHICH HAVE BEEN DISTURBED AND NOT - OTHERAW DEVELOPED-SHALL BE LOAMED AND SIDED WITH A L0AL4 TC(JJ r�.N) ,"\ MNIK"DEPTH OF&'OEPM TOPSOIL. = t SED Hq ny`: PLANT LIST 1 y '. I Rc(3) EA 00) r SY43OL BOTANICAL NAME COMMON NAME QTY SIZE �..: " _ i Y100D F54CE 4 CIK SHADE TREY' _ rc h) CIC(21 EA(51) AR AGER RUBRIRI SUNSET'RED MAPLE 3 2-2 12'GAL 'Y : EA(3) S h sv usrdz- ; a AS AGER SAGNATA SUGAR MAPLE 4 2-2 12'GAL. - _ % F RC(3) I. - RC f31 EA(5) (2) Tc TILIA CORDATA LITTLaEAF LINDEN 15 2-21/2'GAL. - - EVE GREEN TRIS /° .TC.ry �..•' F' I PICEA RN&ENS COLORADO ELLE SfRIIGE I 10-12'HT. `-A ® R6 0)5X./5) TG(3) ORNAMENTAL TRIMS �= RG(3) SPIJT RAIL FEWE(IYFJ Revlslon Dote AG AMELANGHIER CANADEN515(19ULT1-STEM) SHAOBLON SERVIG®ERRY 9 8-10'HT.GLMP Removed Prop.Youth Soccer Fleld 321.05 GIC GORN15 KOUSA K01-15A DO6r100D 3 101-12.1. W BETUA Uf1Ll5 JAGOI•EMONIII MTEBARKEV HIMALAYAN BIRCH 3 10-12'GLM' - SHRL65 HO HYDRANGEA 0B2GIFOLIA ONGI.EAF HYDRANGEA 12 18-24'HT - JH JPO 045 PLLMOSA COMPACTA COMPACT ANGORA JUNIPER 41 18724'HT. ..... RBD RHODODENDRON'BOLLE DE N✓EI6E' T IOLLE DE NEI&E'RHODODENDRON 3 2S3'HT. 16 ILEX&LABRA INKHENRY 30 2-25'HT. 5X SPIRAEA X VAKHOUTTEI VANHOURE SPIRFA 15 2-25'HT. EA PLANS PLANS COMPACTA BJRWN6 BUSH2B 2-25'HT RC RHODODENDRONCATAY0015f!'ALBA' CATAr®A RHODODENDRON 25 2-23'14T ca T. Sle: =SO ' Drawing No. RH RHODODENDRON H"KH RO�BAY RHODODENRON 42 2-2514T. Date: PERENNIALS A&R0lANDG0VERS AL ALCEA W,60rA RU551AN HOLLYHOCK 12 POT - Job: 00-0 1 GM 613 MUM MACR0RRHIAH'BENIN'S VAR' CRANESBILL 6ERANLM 25 N POT 'F0 HIS HOSTA SIEBOLDIANA U26AM HOSTA 24 2 GAL a W HEMEROGALIS HAPFY RETURNS' HAPPY RElUR1N5 DAYLILY TS tit POT _ _... .....I Drawn: CC.,. of IE IRIS FNSATA KAEMPFE I JAPANESE IRIS 60 v2 POT n AX AC HLLA X MOONSHINE MOONSHINE YARR0M 60 02 POT L Pagel of 3 Watershed Special Permit Application Town of North Andover Planning-Board Application for Watershed Special Permit Please type or print clearly. 1. Petitioner: Thomas Properties LLC. Petitioner's Address: 231 Sutton Street-North Andover Massachusetts 01845 Telephone number: 978.327.6540 phone 2. Owners of the Land: Thomas Properties LLC Address: 231 Sutton Street North Andover Massachusettes 01845 Number of years of ownership: 3 years+/- 3. Description of Proposed Project: The approved project entails the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet(+/-)of professional office space and four renovated residential apartments.The site is a 3.20+/-acre parcel of land bounded by Osgood Street to the west,Treadwell's Ice Cream to the north,Lake Cochichewick to the east and the Stevens Estate at Osgood Hill to the south. The project is within the Watershed Protection District,and a Watershed Special Permit was been filed and approved concurrently with the original application. This application is to request a modification to the watershed special permit.The original permit required the regrading of the existing open field to accommodate a youth soccer field.Since the time of the original approval, North Andover Youth Services has stated that in lieu of the soccer field they would rather take an in-kind gift of $25,000.This application seeks approval from the Planning Board of this proposed modification. Understanding the above,we have limited the impact to any wetland or buffer zone to those listed below: a. Non-Disturbance Buffer Zone(Within 250'of Lake Cochichewick,and 100'of all wetland resource areas) 1. The requested modification would remove the approved Youth Soccer field out of this zone. Regrading of the field to accommodate the Youth Soccer field will no longer be needed, leaving the field in its natural state.There are no structures or work being requested in this modification. b. Non-Discharge Buffer Zone(Within 325'of Lake Cochichewick and all wetland resource areas) I. No change from original permit. 4. Description of Premises: The site is improved with an existing farmhouse,barn,driveways and open fields.The primary use is residential, and the property contains approximately 3.20+/-acres. 5. Address of Property Being Affected: 1003 Osgood Street North Andover Zoning District: Business Two(B-2) Assessors: Map: 35 Lot# 50 Registry of Deeds: Book#: 6895 Page# 325 6. Existing Lot: Lot Area(Sq.Ft) 3.20 Acres+/- Building Height: 41'-6"+/-(barn) Street Frontage: 305'+/- Side Setbacks: 68'min+/- Front Setback: less than 10' Rear Setback: 320'+/- Page 2 of 3 Watershed Special Permit Application Floor Area Ratio: .10:1 +/_ Lot Coverage: 7%+/- 7. Proposed Lot(if applicable): Lot Area(Sq.Ft) 3.20 Acres+/- Building Height: 41'-6"+/-(existing barn) Street Frontage: 305'+/- Side Setbacks: 64'min. Front Setback: Existing Rear Setback: 320' to rear property line Floor Area Ratio: .13:1 +/- Lot Coverage: Less than 35% 8. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) 25,000 sf Building Height: 35' Street Frontage: 125' Side Setbacks: 40'From R-1 Boundary Front Setback: 30' Rear Setback: 45'From R-1 Boundary Floor Area Ratio: .30:1 Lot Coverage: 35% 9. Existing Building(if applicable): Ground Floor(Sq.Ft.) 4,625 sf+/- #of Floors Three/Four,see plan Total Sq.Ft. 13,165 sf+/- Height: 41'6"+/-(barn) Use: Residential Type of Construction:wood frame 10. Proposed Building: Ground Floor(Sq.Ft.) 5,885 sf+/- #of Floors Three/four,see plan Total Sq.Ft. 17,843 sf(including residential) Height: 41' 6"+/-(existing) Use: Office/Residential Type of Construction: Steel&wood frame 11. Has there been a previous application for a Special Permit from the Planning Board on these premises?YES If so,when and for what type of construction?A Watershed Special Permit was granted for the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet(+/-)of professional office space and four renovated residential apartments. 12. Section of Zoning Bylaw that Special Permit Is Being Requested: NAM Section 8.3-(Site Plan Review Special Permit)and Section 10.3 (Special Permit Regulations) NAZB Section 4.136(Watershed Protection District) 13. Petitioner and Landownersignature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentatioR�lication. The dated y of this application received by the Town Clerk or PI g Of does no bsolve t)ie plicant from responsibility. The petitioner shall be respons' a for al ex uses for filmg d leg notification. Fai a to comply with application requirements-_ cited her in an the Planning B Rules and Regulatio may result in a dismissal by the Plannin oard of thi application as Petitioner's Signature: ' Print or type nam ere: ouis P. inicucci Mem s Properties LLC Owner's Signature: Print or type name here: Louis P.Minicucci Jr Member-Th as Properties LLC Page 3 of 3 Watershed Special Permit Application 14. Please list title of plans and documents you will be attaching to this application. Plans: Landscape Plan 1003 Osgood Street North Andover,Massachusetts 01845 Dated: August 15,2003 Prepared by: Huntress Associates 17 Tewskbury Street Andover,MA 01810 Reports,Attachments and filing fees • Watershed Special Permit Modification Filing Fee: it NrIPTH POTHT PFal TV PA r q?/,q.:3 i cul%R.55 -if SFa CC!IESd 1� 9aB7e,son 9 8i`Y'9 ns y� R9'a•,T J•-.Lh3'i1T.4;S_:Y i.° ld�g-g!.��.� •.SE�ge��•_-__ `� r2ea'�-9= a nz� ab a,, s r Aaasc'r M A.J use€4 in i:hi.s ODpos1te On- any pub., (3U-)`1; i`oea .a3 tP. 4 Aa=_=1 _� �• iaa% F+eaae'au�a�.e as Mey o-oeai"iS 3 €33e.TA-.gOslt recent ac.ainE-..ahim &a r • w= :_ Jaeialva'ia see ai Use iAPW Off-any any §LjC�! i?�>'�tr s� B�tr2s®epi :.s o-6�. 4' g city o9` t4i'§`s! and the �n n `itna .i _ - � . Asvms as of eye" �4 PS$a 3"F3:�:a a-i!•ar nt •'.?:3'i5%E:_ - _ °'_.----- o "='T yr gA s eg'p§ a a4_ zssas � �t' :i rte: - d"ed Se 1T!A ... NATVI 1 ABUTTURS FROPE'R S i 3e PARCEL N.4w.z�Rrnn izx:�:�,,.:,3 h \iir-.rfi r-5 :,•,�.�.� ;�'r' `e=_�E`; ��.i�{iL�C�\1'_G�C�(Y��1`byeJ r 1>,� % �Ci til 1a\P1 1 3t'. �4. _ .. 1�i�tirYY�i►r� ��. iZ,41—zt r�'r t—s 'r�s� �.T1! _-�n, i, a �1. :►� ,n s r�n� !\E N A. �r+/L/fit v✓ '. "��. p-.-. -Y t +. a •+ fi kri "` 1 '-�=►_!#'. ;4 �� � �n �7 itn•i !Z 1 —mss YIN v s � .e�--=- __CE CE AND ir1G.t E.i S=- DAITE A Ei i4ATL 1_Kr. PAG � 4 es appearing on the d"fies that the nam pp 9 This cern C records of the ssess s ce as of +hoard di Asse)Wcr N�tr,Andover �` Certified by: ate 3 -? 00/13/200 14.-x3 3783275544 NORTH POINT REALTY PAGE :03!03 ' ;', v: :amu:eFU r'sisiau r i C+��RARAI Bozard o 4 11i$R4fi ral-nes of enterest/Abu tin s_ --. . i2s used in inis £-a-n°=rr.1 iia �m2n. the .. "` "`• =_=�: y a ,:•:: %. :waaia vii c�siy uUOltB Q/HF1Y sa fsr u �s±•,v^s7� eia.�s,!tam rrns �_! t :.so-:_... x _ v pubfi g" :.:.,y. . e, ie ML ies daaiCC iiUai[11e$'li 1�9I 1 ft of the . 'mom -_e . •v t5o: isva a i w3'ii�GJ.iPPeAJf Or, the Must recent �£n�H �hi� f� lis. ;i'aa%ME 12806 0' 211Y SIIG,{a U'R+i4ef 9.S fir)e:Xtg£9 in a;;r;ShL. 'a. L sem. 0 1jvard O the City or town, and-the planning boa d r r '�G3 j EES.,% t• b �t24157 4^7$1 Ys- tvvv __ame -. . n _ e:tsar aQuyess (please print clearly J� t�jf^t V1 �ra�ri 1 f o� f: I..`� , — ' �;_.__ �i C'1l''+S X11#t1 F�'l � Lr'��� •� ASUTMERSI U_ NAME A"ODUSS re- v��i�" �[4tY11(`1�t� J '1t"'+C'� r`1C�r°,r••!��1 :tel �x r I L C\ 41 I _ — ION —1 ORTAPMED,A'F 777.—H.E. S~te5�'S`r ses+ =qe z .m CERT8$S 9 L+41 �1J __"u:.:. v w.i. T�.i.4'A n�t.L' MI l LF s sa £ T t�YsTx'z=fig#'• 8l�a`;�� sags - - _ .ems_- •'-=^....- :.c.:. DATE PAGE This certifies that the names appearing on the i ud j of Asse sf'lcrth TAndO er records of the Assessor Office as of Certifi d by Date Z . ........._ ___.......: ------------- _ Huntress Associates,Inc. - --- Landscape Architwwm&Land Pl—ng 17 Tewksbury Street _ �, dr Andover.Massachusetts.01810 M=� „'i•"� ,\•1 978 470 8882 FAX 9784708890 1 i 1 . I i 1 •'•:\ i� EX15nN5 OPEN FIELD TO REMAIN 1 LOAM i.SEED \ I i 1003 Osgood Street \ 777 ;. North A5 N Andover,Massachusetts PLANTING MOTES ,'� , \ EA(4) L PRIOR TO THE START OF ANY EXCAVATi0 N FOR THE PROJECT BOTH 6. ALL PLANTS SHALL HEAR Tiff SAF£.RELA710NSHIP TO FI I GRADE -' t ! TG N \ Drawl 7RIm+ ON AND OF THE SITE,THE C,ONTRAGTOR SHALL NOTIFY DIGSAFE AND A5 TO ORIGINAL GRADES BEFORE DI061N&. .. J �' • BE PROVIDED WITH A 12165ARE NIMBER INDICATING THAT ALL EXISTING - -- LI UTILITIE5 HAVE BEEN LOCATED..AND MARKED. 4. ALL PLANTS TO BE BALLED IN BURLAP OR CONTAINERIZED. 2. CONTRACTOR SHALL BEGIN MAINTENANCE IMMEDIATELY AFTER (O. M)LCH FOR PLANTED AREAS TO BE AGED PINE BARK:PARTIALLY 7C N 's -. ) - v~ I ry- \ Landscape Plan PLANTING AND WILL CONTINUE UNTIL FINAL ACCEPTANGE. DECOMPOSED,DARK BROWN IN COLOR � )AND FREE OF WOOD CHIPS — ". THICKER THAN I/4 INCH. Tel ----- j 5. CONTRACTOR SHALL VERIFY ALL TREE REMOVALS WITH LANDSCAPE \ �..RN(30) ARCHITECT PRIOR TO CONSTRUCTION START. II. PLANTING SOIL MIX:LOAM THOROUGHLY INCORPORATED WITH ROTTED MANIRE PROPORTIONED 5 G.Y.TO I G.Y.OR SWIVALENT. PEAT M055 - TG N ` 4. CONTRACTOR 514ALL MAINTAIN P051TIVE DRAINAGE AWAY FROM ALL WITH FERTILIZER ADDED PER MANIFACTURER'S RECOMMENDED RATES. BUILDING POAVATION5,STRUCTURES,AND PLANTING BEDS. - \ 12. THE LANDSCAPE CANTRACTOR SHALL GUARANTEE ALL PLANT _. -- AC(9) AD(3) 5. MAXIMUM SLOPE WITHIN DISTURBED AREAS SHALL NOT EXCEED S:1, MATERIALS FOR ONE O)FULL YEAR FROM DATE OF ACCEPTANCE. - — I UNLESS OTHERWISE NOTED. 1 4 .15. FZ ALL PLANT MATERIALS ARE SUBJECT TO THE APPROVAL OF THE ._ - BU C3 6. THE LANDSCAPE CONTRACTOR SHALL SUPPLY ALL PLANT MATERIALS LAND51-APE ARCHITECT.AT THE NURSERY,AND AT THE SITE. IN OUANTITIE5 SUFFICIENT TO COMPLETE ALL PLANTINGS SHOVNI ON THIS , - DRAWING. 14. LANDSCAPE ARCHITECT TO FLA&ALL TREES TO BE TRANSPLANTED Pawl.y- r PRIOR TO'CON5TRUCTION START ," - AS �. 1. ALL MATERIALS 5HALL CONFORM TO THE 6UIDELINE5 ESTABL15HM BY ' �' - EA(2) N ' THE AMERICAN A5500ATION OF NURSERYMEN. PJ ALL AREAS OF THE SITE WHICH HAVE BEEN 015TURBED AND NOT OTHr"5E.DEVELOPED SHALL BE LOAMED AND SEEDED WITH A -LOAM TG(2) ( MINIMUM DEPTH OF 6"DEPTH TOP501L - t SEES (I2) I ' - RBD(3) -. �- A PLANT LIST I t w� RC(9) EA 00) / woov t�NGE RCK RM n�. o — SYMBOL BOTANICAL NAME COMMON NAME QTY SIZE - `` � 1� � (W TC(2) SHADE TREES _ ..Y( GK(2) EA.(5) F4(67 � EA Nom) AR AGER RUDRUM W,15EV RED MAPLE 3 2-:21/2'GAL .� r. �; unraz AS AGER SAGHARp..M SIKAR MAPLE 4 1 2-2 I/2'GAL. ' RC TO nLIA CORDATA I LITTLE-EAF LINDEN IS 2"21/24 GAL. c ,.r lxn, ... .. ....: f RG(3) EA(5) -> EVERGREEN TREE5 TC(2/ --tT� ••. L " TG(3) PF ORNAMENTALIFILE TREE$ COLORADO BLUE SPRUCE 1 10-12'HT. (3)SX I') RC(3). SPOT RAIL FENCE(TYPE... ReVlsiori Date AC AMELANGXIER CANADEN515 041Ln-57EM1 SHADBLOW SERVICEBERRY 9 8-10'HT.CLMP GK CORNY KOV5A KOUSA DOGWOOD 3 10'-IV HT - -- _ Removed Prop.Youth Soccer Field 3�L05 ` B1 BETULA UTI1-15 JAGOUEMONTII WHITEBARKED HIMALAYAN BIRCH 3 10-IY CLMP - SHRUBS - - HO HYDRANGEA CUFRCIFOLIA OAKLEAF HYDRANGEA 12 18-24'HL - - JH JANIPERU5 PUA405A COMPACTA GOMPACT ANDORA JUNIPER 41 18-24'HT - RDD RHODODENDRON BOULE DE NEIGE' EOULE DE NEI6E'RHODODENDRON 3 25-3'HT. - I6 ILEX&LABRA INKEERRY 30 2-25'HT 5X 5PIRAEA X VANHOUTTEI VANHOUTTE 5PIREA IS 2-25HT EA EUONYW5 A.ATL5 COMPACTA BURmN6 BUSH 28 2-25HT - RC RHODODENDRON CI"E ATAWDIEN5E'ALBA' CATAA RHODODENDRON 25 2-2.5'14T. Scale: =30' Drawing No. RM RHOOODCNDRON MAXIMUM ROSEBAY RHODODBVRON 42 2-25'HT. Date: 'C PERENNIALS 4&ROUNDCOVERS Job, OG- AL ALCEA(d,KOSA RUSSIAN HOLLYHOCK 12 II2 POT ,^,1 RU 6M GERANIUM MACRORRHIaM BEVIN'5 VAR' CRANESBILLGERANIUM 25 N POT H5 H05TA LZBOLDIANA E EGANS' H05TA 24 2 GAL. . ^dz; .. s: , if�`Y ::,': File: PR-la o HH HEFEROGALIS NAPPY RETURNIV HAPPY RETURNS DAYLILY 15 a2 POT P Drawn: f.GH of n IE IRIS EN5ATA KA04PFM JAPANE5E IRIS 60 •2 POT 2 AX ACHILLA X MOONSHINE MOONSHINE YARROW 60 •2 POT f F - w Town of North Andover °f 40RTh .*`'" " �o ;? •-err `' Office of the Zoning Board of Appeals ' °. Community Development and Services Division �► 27 Charles Street �`"°+ •----• *`' North Andover,Massachusetts 01845 �'ss;CHU D. Robert Nicetta Telephone(978).688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: for premises at: 1003 Osgood Street NAME: Thomas Properties,LLC,231 Sutton Street HEARING(S): March 9,2004 ADDRESS: for premises at: 1003 Osgood Street PETITION: 2004-005 North Andover,MA 01845 TYPING DATE: 03-11-04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,at 7:30 PM upon the application of Thomas Properties,LLC,231 Sutton Street,North Andover,for premises at: 1003 Osgood Street,requesting a Variance from Section 7,Paragraphs 7.3,7.4,& Table 2;for the front setback and building height of the existing structure;and a Special Permit from Section 9,of the Zoning Bylaw in order to extend the existing structure by constructing a proposed I story addition on a conforming lot. The said premise affected is property with frontage on the East side of Osgood Street within the Business 2(B-2)zoning district. The legal notice was published in the Eagle Tribune on February 23&March 1,2004. 4321 The following members were present: Walter F.Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E.Smith,and Richard J.Byers. Upon a motion by Joseph D.LaGrasse and 2 d by Richard J.Byers,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 18' from the front setback and a dimensional Variance from Section 7,Paragraph 7.4 and Table 2 of the Zoning Bylaw for relief of 12' in height of the existing structure per Existing Conditions Plan, Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover,MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845 sheet no.2 of 9,and Site Development Plan,Lakeview Farm,.Assessors Map 35 Lot 50,1003 Osgood Street,North Andover, MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845, sheet no.3 of 9,Date:August 12,2003,by Frank C.Monteiro,Registered Professional Civil Engineer#36341 and Christopher Francher,O.L.S.#36116,dated 2/9/04,MHF Design Consultants, Inc., 103 Stiles Road, Suite One,Salem,New Hampshire 03079 and Project:Northpoint,Osgood Street,N.Andover,Project no:0211.00,Date:08/15/03, 10/07/03,Revisions:02/06/04,drawn'by: ERG and checked by: JJW,Woodman Associates Architects,20 Inn Street,Newburyport,MA' ; 01950,drawing nos.A-1,A-2,and A-3. `.J Pagel of 2 Board of Appeals 978-688-9541 Building 978=688-95451 Con-Mibn 978-...688-9530 Health-978-698-9540 Planning.978-688-9535 • :,' Town of North Andover NORTa Office of the Zoning Board of Appeals 3? •�°' ° ° ,. Community Development and Services Division 27 Charles Street '��•o•-== �i North Andover,Massachusetts 01845 s se wcMu D. Robert Nicetta Telephone(978)-688-9541 Building Commissioner Fax(978)688-9542 Upon a motion by Richard J.Byers and 2°a by Joe E. Smith,the Board voted to GRANT a Special Permit from Section 9 of the Zoning Bylaw in order to allow the extension of the existing structure by constructing a proposed 3 story addition per Existing-Conditions Plan,Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover,MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845 sheet no.2 of 9,and Site Development Plan,Lakeview Farm,. Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover,MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845,sheet no.3 of 9,Date:August 12, 2003,by Frank C.Monteiro,Registered Professional Civil Engineer#36341 and Christopher Francher,O.L.S.#36116,dated 2/9/04,MHF Design Consultants,Inc., 103 Stiles Road,Suite One, Salem,New Hampshire 03079 and Project:Northpoint,Osgood Street,N.Andover,Project no: 0211.00,Date:08/15/03, 10/07/03,Revisions:02/06104,drawn by:ERG and checked by:JJW, Woodman Associates Architects,20 Inn Street,Newburyport,MA 01950,drawing nos.A-1,A-2, and A-3;on the condition: 1. The project shall connect to the Town sewer. Voting in favor: Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E.Smith,and Richard J.Byers. The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw;rather it will preserve a nineteenth century farmhouse and bam. Also,the applicant has satisfied Section 9,of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision 2004-005. M35P50. Page 2 of 2 {ngy7g 6gg_9535 Board of Appea{s 97`-688-9 �5 ttdiifg 978-688-9545 Conservation 978-688-95.94' H6a1i 178 6 X540 ''-"4• _,,..bh • '� - -'6Y.'V .irzy .- .'l.:•Y R'i.;... q.,.q.. :3'.s v a 4,:- ,n..a .-: ... _ - Town of North Andover f NoaTH � .*�`° '• do Office of the Zoning Board of Appeals �° 0� Community Development and Services Division * y 400 Osgood Street North Andover,Massachusetts 01845 �SSACHUStS D. Robert Nicetta Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 February 11,2005 Ms.Christina Minicucci, Project Manager Thomas Properties,LLC FEB 2 3 2005 P. O.Box 907 North Andover,Massachusetts 01845 RE: Thomas Properties,LLC For premises at: 1003 Osgood Street North Andover,Massachusetts 01845 Regarding your request for a six(6)month extension of your Variance: Please be advised that the Zoning Board of Appeals approved a six(6)month extension relative to the premises affected at 1003 Osgood Street,North Andover,Massachusetts,reference attached decision 2004- 005. The Zoning Board of Appeals voted to extend for a period of six-months the Variance granted by the 2004- 005 decision to and including September 23,2005(without the extensions,the varianm would expire on March 23,2005-one year and 20 days after the filing in the Town Clerk's office,taking into account the appeal period.)at the regular February 8,2005 meeting upon a motion by Richard J.Byers and 2d by John M.Pallone, Mass.Gen.L.,ch.40A,§10 allows the Variance permit granting authority to"extend the time for exercise of such rights for a period not.to exceed six Months,. Voting in favor: John M.Pallone,Ellen P. McIntyre,Richard J.Byers,Thomas D.Ippolito,and David R Webster. Town of North Andover Zoning Board of Appeals, Ellen P.McIntyre, air 2004-005. M35P50. cc: Town Clerk qaai9 umoy ZBA file Edo or�c1�V Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover f NORTH Office of the Zoning Board of Appeals ` ' �A Community Development and Services Division ; 400 Osgood Street ��s�4To0 North Andover,Massachusetts 01845 s�C►+ug D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 February 11,2005 Ms.Christina Minicucci,Project Manager Thomas Properties,LLC P. O.Box 907 North Andover,Massachusetts 01845 - RE: Thomas Properties,LLC t 1 For premises at: 1003 Osgood Street O',j North Andover,Massachusetts 01845 Regarding your request for a six(6)month extension of your Va Please be advised that the Zoning Board of Appeals approved a six(6)month extension relative to the premises affected at 1003 Osgood Street,North Andover,Massachusetts,reference alladled decision 2004- 005. The Zoning Board of Appeals voted to extend for a period of six-months the Variance granted by the 2004- 005 decision to and including September 23,2005(without the extensions,the variances would expire on March 23,2005-one year and 20 days after the filing in the Town Clerk's office,taking into account the appeal period.)at the regular February 8,2005 meeting upon a motion by Richard J.Byers and 2"d by John M.Pallone. Mass.Gen.L.,ch.40A,§10 allows the Variance permit granting authority to"extend the time for exercise of such rights for a period not to exceed six months". Voting in favor: John M Pallone,Ellen P.McIntyre,Richard J.Byers,Thomas D.Ippolito,and David R-Webster. Town of North Andover Zoning Board of Appeals, (.O Ellen P.McIntyre, air 2004-005. M35P50. cc: Town Clerk ZBA file Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street " °° •�rep —p--•�" " North Andover,Massachusetts 01.845 c►wgEs D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: for premises at: 1003 Osgood Street NAME: Thomas Properties,LLC,231 Sutton Street HEARING(S): March 9,2004 ADDRESS: for premises at: 1003 Osgood Street PETITION: 2004-005 North Andover,MA 01845 TYPING DATE: 03-11-04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,at 7:30 PM upon the application of Thomas Properties,LLC,231 Sutton Street,North Andover,for premises at: 1003 Osgood Street,requesting a Variance from Section 7,Paragraphs 7.3,7.4,& Table 2;for the front setback and building height of the existing structure;and a Special Permit from Section 9,of the Zoning Bylaw in ord�;to extend the existing structure by constructing a proposed 1 story addition on a conforming lot. The said premise affected is property with frontage on the East side of Osgood Street within the Business 2(B-2)zoning district. The legal notice was published in the Eagle Tribune on February 23&March 1,2004. 4321 The following members were present: Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard J.Byers. Upon a motion by Joseph D.LaGrasse and 2°d by Richard J.Byers,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 18' from the front setback and a dimensional Variance from Section 7,Paragraph 7.4 and Table 2 of the Zoning Bylaw for relief of 12'in height of the existing structure per Existing Conditions Plan, Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover,MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845 sheet no.2 of 9,and Site Development Plan,Lakeview Farm,.Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover, MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845, sheet no.3 of 9,Date:August 12,2003,by Frank C.Monteiro,Registered Professional Civil Engineer 936341 and Christopher Francher,O.L.S.#36116,dated 2/9/04,MHF Design Consultants, Inc., 103 Stiles Road,Suite One,Salem,New Hampshire 03079 and Project:Northpoint,Osgood Street,N.Andover,Project no:0211.00,Date:08/15/03,10/07/03,Revisions:02/06/04,drawn�by: ERG and checked by:JJW,Woodman Associates Architects,20 Inn Street,Newburyport,MA J 01950,drawing nos.A-1,A-2,and A-3. _J Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Of NORTH Office of the Zoning Board of Appeals '` °°' Community Development and Services Division IS 400 Osgood Street Tfe North Andover,Massachusetts 01845 'ssAc►wg� D. Robert Nicetta Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 February 11,2005 Ms.Christina Minicucci,Project Manager Thomas Properties,LLC P.O.Box 907 North Andover,Massachusetts 01845 RE: Thomas Properties,LLC For premises at: 1003 Osgood Street North Andover,Massachusetts 01845 Regarding our request for a six 6 month extension of your Variance: g g Y e9 ( ) Please be advised that the Zoning Board of Appeals approved a six(6)month extension relative to the premises affected at 1003 Osgood Street,North Andover,Massachusetts,reference attached decision 2004- 005. The Zoning Board of Appeals voted to extend for a period of six-months the Variance granted by the 2004- 005 decision to and including September 23,2005(without the extensions,the variances would expire on March 23,2005-one year and 20 days after the filing in the Town Clerk's office,taking into account the appeal period.)at the regular February 8,2005 meeting upon a motion by Richard J.Byers and 2d by John M.Pallone. Mass.Gen.L.,ch.40A,§10 allows the Variance permit granting authority to"extend the time for exercise of such rights for a period not to exceed six months". Voting in favor: Jahn M.Pallone,Ellen P.McIntyre,Richard J.Byers,Thomas D.Ippolito,and David R.Webster. Town of North Andover Zoning Board of Appeals, l• Ellen P.Mclntyre, air 2004-005. M35P50. cc: Town Clerk ZBA file Board of Appeals 978-688-9541 Building 978-688-9541 Conservation 978-688-9530 Heahh 978-688-9540 Planning 978-688-9535 Town of North Andover f 40RT11 Office of the Zoning Board of Appeals ''y" Community Development and Services Division 19a 27 Charles Street North Andover,Massachusetts 0184.5 C,,s�` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Upon a motion by Richard J.Byers and 2nd by Joe E. Smith,the Board voted to GRANT a Special Permit from Section 9 of the Zoning Bylaw in order to allow the extension of the existing structure by constructing a proposed 3 story addition per Existing Conditions Plan,Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover,MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845 sheet no.2 of 9,and Site Development Plan,Lakeview Farm,. Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover,MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845,sheet no.3 of 9,Date:August 12, 2003,by Frank C.Monteiro,Registered Professional Civil Engineer#36341 and Christopher Francher,O.L.S.#36116,dated 2/9/04,MHF Design Consultants,Inc., 103 Stiles Road,Suite One, Salem,New Hampshire 03079 and Project:Northpoint,Osgood Street,N.Andover,Project no: 0211.00,Date: 08/15/03, 10/07/03,Revisions:02/06/04,drawn by:ERG and checked by:JJW, Woodman Associates Architects,20 Inn Street,NewburypoM MA 01950,drawing nos.A-1,A-2, and A-3;on the condition: 1. The project shall connect to the Town sewer. Voting in favor: Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard J. Byers. The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw;rather it will preserve a nineteenth century farmhouse and barn. Also,the applicant has satisfied Section 9,of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shalt lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision 2004-005. M35P50. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover N°STM Office of the Zoning Board of Appeals Ai MAML Community Development and Services Division x w 27 Charles Street . -• " ' 0A�Tf° North Andover,Massachusetts 01845 '4 C14 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 This is to certify that bwenty(20)days have elapsed from date of decision,filed without filing PMT ,awy Datet. Joyce A.Bradshaw Any appeal shall be filed Notice of Decision Town Clerk within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Property at: for premises at:1003 Osgood Street NAME: Thomas Properties,LLC,231 Sutton Street HEARING(S): March 9,2004 ADDRESS: for premises at: 1003 Osgood Street PETITION: 2004-005 North Andover,MA 01845 TYPING DATE: 03-11-04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,at 7:30 PM upon the application of Thomas Properties,LLC,231 Sutton Street,North Andover,for premises at: 1003 Osgood Street,requesting a Variance from Section 7,Paragraphs 7.3,7.4,& Table 2;for the front setback and building height of the existing structure;and a Special Permit from Section 9,of the Zoning Bylaw in order to extend the existing structure by constructing a proposed 1 story addition on a conforming lot. The said premise affected is property with frontage on the East side of Osgood Street within the Business 2(B-2)zoning district. The legal notice was published in the Eagle Tribune on February 23&March 1,2004. 4321 The following members were present: Walter F.Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E.Smith,and Richard J.Byers. Upon a motion by Joseph D.LaGrasse and 2nd by Richard J.Byers,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 18' from the front setback and a dimensional Variance from Section 7,Paragraph 7.4 and Table 2 of the Zoning Bylaw for relief of 12' in height of the existing structure per Existing Conditions Plan, Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover,MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845 sheet no.2 of 9,and Site Development Plan,Lakeview Farm,.Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover, MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845, sheet no. 3 of 9,Date:August 12,2003,by Frank C.Monteiro,Registered Professional Civil Engineer#36341 and Christopher Francher,O.L.S.436116,dated 2/9/04,MHF Design Consultants, Inc., 103 Stiles Road, Suite One,Salem,New Hampshire 03079 and Project:Northpoint,Osgood Street,N.Andover,Project no:0211.00,Date:08/15/03, 10/07/03,Revisions: 02/06/04,drawn Eby: ERG and checked by:JJW,Woodman Associates Architects,20 hm Street,Newburyport,MA 01950,drawing nos.A-1,A-2,and A-3. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover , N°RTN Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles street �. rev North Andover,Massachusetts 01845 'Ss�esE� D. Robert Nicetta Telephone(978)688-9541 Building Conirnissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Property at: for premises at: 1003 Osgood Street NAME: Thomas Properties,LLC,231 Sutton Street HEARING(S): March 9,2004 ADDRESS: for premises at: 1003 Osgood Street PETITION: 2004-005 North Andover,MA 01845 TYPING DATE: 03-11-04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,at 7:30 PM upon the application of Thomas Properties,LLC,231 Sutton Street,North Andover,for premises at: 1003 Osgood Street,requesting a Variance from Section 7,Paragraphs 7.3,7.4,& Table 2; for the front setback and building height of the existing structure;and a Special Permit from Section 9,of the Zoning Bylaw in order to extend the existing structure by constructing a proposed 1 story addition on a conforming lot. The said premise affected is property with frontage on the East side of Osgood Street within the Business 2(13-2)zoning district. The legal notice was published in the Eagle Tribune on February 23 &March 1,2004. 4321 The following members were present: Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E.Smith,and Richard J.Byers. Upon a motion by Joseph D.LaGrasse and 2'd by Richard J.Byers,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 18' from the front setback and a dimensional Variance from Section 7,Paragraph 7.4 and Table 2 of the Zoning Bylaw for relief of 12' in height of the existing structure per Existing Conditions Plan, Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover,MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845 sheet no.2 of 9,and Site Development Plan,Lakeview Farm,.Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover, MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845, sheet no. 3 of 9,Date:August 12,2003,by Frank C.Monteiro,Registered Professional Civil Engineer#36341 and Christopher Francher,O.L.S.#36116,dated 2/9/04,MHF Design Consultants, Inc., 103 Stiles Road,Suite One,Salem,New Hampshire 03079 and Project:Northpoint,Osgood Street,N.Andover,Project no:0211.00,Date:08/15/03, 10/07/03,Revisions:02/06/04,drawn Eby: ERG and checked by:JJW, Woodman Associates Architects,20 Inn Street,Newburyport,MA 01950,drawing nos.A-1,A-2,and A-3. Pagel of 2 Board of Appeals 978-688-9541 fiuilding 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number WPA Form 5 - Order of Conditions 242-1232 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP I P A. General Information Important: When filling From: out forms on North Andover the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions ray To: Applicant: Property Owner(if different from applicant): Thomas Properties, LLC Same tenon Name Name 231 Sutton Street Mailing Address Mailing Address North Andover MA. 01845 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 1003 Osgood Street North Andover Street Address City/Town Map 35 Parcel 50 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex North 6895 325 County Book Page Certificate(if registered land) 3. Dates: 12/5/03 5/26/04 6/15/04 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): NOI December 2003 Title Date Site Development Plans for Lakeview Farm Development, Sheets 1-9 8/12/03 last Title revised 5/14/04 Stormwater Management Drainage Calculations, & Best Management Practices 8/15/03 last Title revised 4/28/04 5. Final Plans and Documents Signed and Stamped by: Frank C. Monteiro, P. E. Name 6. Total Fee: $1550.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.12/15/00 Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number. � Bureau of Resource Protection - Wetlands ' WPA Form 5 -. Order of Conditions 242-1232 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: Z Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ® Private Water Supply ❑ Fisheries ® Protection of Wildlife.Habitat ® Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore, this Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.12/15/00 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands 242-1232 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1232 10. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform5.doc-rev.12/15/00 Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection- Wetlands WPA Form 5 — Order of Conditions 242-1232 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Findings as to municipal bylaw or ordinance Furthermore, the North Andover hereby finds(check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: North Andover Wetland Protection Bylaw Chapter 178 Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpaform5.doc•rev.12/15/00 Page 4 of 7 DEP FILE#242 - 1232 Therefore,the North Andover Conservation Commission(hereafter the "'NACC") hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations,the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However,the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information,measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by- laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). C:\Winword\OOCU 0030sgoodSt.doc 1 NACC 6/14/04 DEP FILE#242 - 1232 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No. 242-1232. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: Construction of an addition to an existing apartment building, associated parking facilities and stormwater management system. A soccer field will also be constructed in an existing field behind the building, which will be surrounded by 300 feet of a vinyl coated chain link fence located along the inside edge of the existing tree line. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Thomas Properties, LLC 231 Sutton Street North Andover, MA 01845 No Date—Received December 5,2003 Site Plans prepared by: MHF Design Consultants,Inc. 103 Stiles Road, Suite One Salem, NH 03079 Dated August 12,2003,last revised 5/14/04 Signed & Stamped by Frank C. Monteiro, P.E. Entitled: "Site Development Plans for Lakeview Farm Development - Sheets 1-9 C:\Winword\00C\10030sgoodSt.doc 2 NACC 6/14/04 DEP FILE#242 - 1232 Stormwater Management, Drainage Calculations, & Operation &Maintenance Report prepared by: MHF Design Consultants,Inc, 103 Stiles Road, Suite One Salem NH 03079 Dated August 15,2003, Last revised April 28,2004 Entitled—"Stormwater Management, Drainage Calculations, &Best Management Practices" Other Reports and Record Documents: Turf Management Plan Prepared by West Environmental,Inc. 122 Mast Road, Suite 6 Lee, NH 03824 Dated 5/25/04,Entitled, "Turf Management Recommendations for 1003 Osgood Street Ball Field"; Letter from Division of Fisheries & Wildlife Dated October 21,2003; Memorandum with supporting stream stats data Prepared by West Environmental,Inc.; Eggleston Environmental Drainage Review Letter Dated January 28,2004; MHF Design Consultants Drainage Response Letter Dated February 18,2004; Eggleston Environmental Drainage Review Letter Dated March 16,2004; MHF Design Consultants Drainage Response Letter Dated March 22,2004; MHF Design Consultants Drainage Revision Letter Dated May 4,2004; Eggleston Environmental Drainage Review Letter Dated May 13,2004; Eggleston Environmental Final Drainage Review Letter, Dated May 25,2004. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. C:\Winword\OOC\10030sgoodSt.doc 3 NACC 6/14/04 DEP FILE#242 - 1232 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on thep laps dated referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (251 No-Disturbance Zone and a fifty-foot(501 No-Construction Zone shall be established from the edge of the adjacent wetland resource area except for the installation of a vinyl coated chain link fence. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 33. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 34. This document shall be included in all construction contracts,subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 35. The owners of the project and their successors in title,in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. 36. Issuance of these Conditions does not in any wayimply or certify that the site or p Y fY downstream areas will not be subject to flooding,storm damage or any other form of water damage. C:\Winword\OOC\10030sgoodSt.doc 4 NACC 6/14/04 DEP FILE#242 - 1232 PRIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences maybe recorded by the NACC at the applicant's expense. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP,File Number 242-1232." 40. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. C:\Winword\OOC\10030saoodSt.doc 5 NACC 6/14/04 DEP FILE#242 - 1232 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 43. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials,stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 44. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 45. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 25 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 46. A check payable to the Town of North Andover shall be provided in the amount of $ 10,000,which shall be in all respects satisfactory res p tlsfacto to Town Counsel Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be C:\Winword\OOC10030sgoodSt.doc 6 NACC 6/14/04 DEP FILE#242 - 1232 signed by a party or parties satisfactory to the NACC, and Town Counsel,and shall be released after completion of the project,provided that provisions,satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 47. The applicant shall designate a Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in writing by the hired professional in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 48. Prior to construction, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone"with signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are available at the Conservation Office for$2 apiece and are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 49. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions andis in compliance with each and every condition. This document shall apply to each of the conditions CAWinword\00C\10030sgoodSt.doc 7 NACC 6/14/04 DEP FILE#242 - 1232 referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 50. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts,subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre- construction meeting (e.g. 72 hours). DURING CONSTRUCTION 51. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 52. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 53. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 54. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. CAWinword\00C\10030sgoodSWoc 8 NACC 6/14/04 DEP FILE#242 - 1232 55. Approved de-watering activities anticipated at the roadway entrance location shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to the roadway retaining wall installation is occurring and until this section is complete. De-watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas'. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland ByLaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval which provides for the pumped water to be contained in a settling basin,to reduce turbidity prior to discharge into a resource area. 56. Any fill used in connection with this project shall be clean fill, containing no trash, refuse,rubbish or debris, including but not limited to lumber,bricks,plaster, wire, lath,paper, cardboard,pipe, tires, ashes,refrigerators,motor vehicles or parts on any of the foregoing. 57. No exposed area shall remain unfinished for more than thin (30) days,unless approved by the NACC. y 58. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 59. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 60. Washings from concrete trucks,or surplus concrete,shall not be directed to, any drainage system, or wetland resource area. 61. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50'of areas subject to protection under the Act or local ByLaw. 62. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. CAWinword\OOC\10030sgoodSt.doc 9 NACC 6/14/04 DEP FILE#242 - 1232 63. During and after work on this )ro'ect there ere shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling,equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 64. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 65. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types (<5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. Refer to the "Turf Management Recommendations for 1003 Osgood Street Ball Field", dated 5/25/04. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 66. No road salt, sodium chloride,or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. Permanent signs designating "No-Salt Zone" and "No-Snow Stockpiling Zones"shall be displayed in prominent locations. 67. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 68. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 69. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A— "Request for a Certificate to of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. CAWinword\00C\10030sgoodSt.doc 10 NACC 6/14/04 DEP FILE#242 - 1232 d. Signed statements ements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. " h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor)of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As-Built"plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built"post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built"post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems,additions, fences, sheds, stone walls,pools,retaining walls,subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. Work includes anter disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 71. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50'No-Construction Zone shall be established fromthe edge of adjacent wetland resource areas except in those locations approved under DEP# 242-1232. Future work within CAWinword\00C\10030sgoodSt.doc 11 NACC 6/14/04 f DEP FILE#242 - 1232 100'of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Maintenance of catch basins (Condition#53); ➢ Discharge or spillage of pollutants (Condition# 63); ➢ Prohibition of underground fuels (Condition#64); ➢ Limitations on the use of fertilizers,herbicides,road salts, de-icing compounds and pesticides (Conditions#65 & 66). ➢ The attached "Stormwater Operations and Management Plan", including Best Management Practices and referenced Turf Management Plan. No additional filings will be required to conduct maintenance of the above referenced system and plan. C:\Winword\OOC\10030sgoodSt.doc 12 NACC 6/14/04 DEP FILE#242 - 1232 AP PENDIX A- .AFFIDAVIT I' on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. Wor 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) C:\Winword\OOC\10030sgoodSt.doc 13 NACC 6/14/04 Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands DEP File"umber: WPA Form 5 - Order of Conditions 242-1232 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See attached This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Con4Date 4,/ftm the date of issuance. y This Ordermust be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office(see Appendix A) and the property owner(if different from applicant). Signatures: r L On Of Day Month and Year before me personally appeared to me known to be the person described in and who executed th 4R�' acknowledged that he/she executed the same as his/her free ac d. OO"Ii WEDGE COWIOt �F��Itl�i8 Notary Public My Co This Order is issued to the applicant as follows: ❑ by hand delivery on ❑ by certified mail, return receipt requested,on Date Date Wpaform5.dcc•rev.12/15/00 Page 5 of 7 Massachusetts Department of Environmental Protection �-- Bureau of Resource Protection - Wetlands DEP File Number:- i fiWPA Form 5 - Order of Conditions 242-1232 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Wpaform5.doc•rev.12/15/00 Page 6 of 7 4 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1232 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1232 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpaform5.doc•rev.12/15/00 Page 7 of 7 r ' L11Massachusetts Department of Environmental Protection Bureau of Resource Protection= Wetlands WPA Appendix E Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: 1. Person or party making request Cif appropriate, name the citizen group's representative): When filling out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City/Town State Zip Code not use the return key. Phone Number Fax Number(if applicable) r� Project Location Mailing Address relum City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5.doc•Appendix E•rev.12/30/03 Page 1 of 2 . d ' LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform5.doc.Appendix E.rev.12/30/03 Page 2 of 2 E Town of North AndoverNOW*N Office of the Planning Department 0 Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 e u',i h 1 OT(2epf$ne(978)688-9535 Fax(978)688-9542 Notice Of Decision Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Date: January 12,2004 Date of Hearing: September 23, 2003, October 7,2003,October 21,2003,November 6, 2003,November 25,2003, December 2,2003,January 6,2004 Petition of•. Thomas Properties,LLC,231 Sutton Street,North Andover,MA 01845 Premises Affected: 1003 Osgood Street Referring to the above petition for a Site Plan Review Special Permit. The application was determined to be complete and was noticed and reviewed in accordance with the Sections 8.3, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec.9 So as to allow: the renovation and expansion of an existing structures at 1003 Osgood Street,as shown on Assessors Map 35, Lot 50. 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. After a public hearing given on the above date,the Planning Board voted to APPROVE, the Site Plan Review Special Permit,based upon the following conditi s: Ce: Applicant Signed:� Engineer Heidi G ' ,.Acting Town Planner Abutters on behalf of.- DPW fDPW Alberto Angles, Chairman Building Department George White,Vice Chairman Conservation Department Felipe Schwarz, Clerk Health Department John Simons ZBA Richard Nardella James Phinney,Associate Member BOARD OF APPEALS(OVS-95. 2 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1003 Osgood Street Site Plan Review-Special Permit The Planning Board hereby approves the Special Permit/Site Plan Review for the renovation and expansion of an existing structures at 1003 Osgood Street,as shown on Assessors Map 35,Lot 50.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 August 22,2003. 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 that the surrounding general business and industrial land uses.Also,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. The project also offers a public benefit to the site through the construction of an Y/10 soccer field. 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 MBF Design Consultants 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 Pian Review as stated in Section 8.3 and for Special Permits as stated in Section I0.3 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. 8. The proposed use is in harmony with the general purpose and intent ofthe 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 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. 1003 Osgood Street Special Permit Approval 1 ii) The"Plans"refer to the plans prepared by MIF Design Consultants dated August 15,2003 j 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 Ll through L2. iii) The"Project"or"1003 Osgood Stream"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 days of filing the decision with the Town Clerk. B) Prior to endorsement of the plans the affordable unit criteria will be established to the board for one unit. 2) PRIOR TO THE START OF CONSTRUCTION A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. 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, IIS should the Community Development Director find that plans approved by the Conservation Commission substantially differ from the approved plans of the Planning Beard,the developer is 1003 Osgood Street Special Permit Approval 2 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 stock piles 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 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 empletion 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. 'n GENERAL CONDITIONS A) Any plants,trees or shrubs that have been incorporated into the Landscape Pian approved in this decision that die within one years from the date ofplanting shall be replaced by the project owner. 1003 Osgood Street Special Permit Approval 3 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) The soccer field shall be available for public use as agreed upon by the Town of North Andover Fields Committee and the Owner.Because the parking associated for office use will also serve the soccer fields,use of the soca field will be limited to the following hours:Monday through Friday 5:30pm to dusk, and Saturday/Sunday 8:00am to dusk. This site plan review approval shall not be construed as an agreement for use of the fields.Any agreement shall be negotiated between Town and the owner,and may be subject to renewal on an annual basis as agreed upon for a nominal fee, $1.00 per year by both parties. 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. I) 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 Town Planner for review. If these revisions are deemed substantial,the developer must subunit revised plans to the Planning Board for approval. M) This Special Permit approval shall be deemed to have lapsed two years after the date ofthe 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 Spacial Permit plans for 1003 Osgood Street North Andover Massachusetts 01845' prepared for Thomas Properties LLC 231 > >P P P'� Sutton Street North Andover,Massachusetts 01845;prepared by MBF Design Consultants 103 Stiles Road,Suite One,Salem NH 03079,consisting of sheets 1 through 9,dated August 15,2003 and revised as ofDecember 17,2003 and sheets LI through L2 1003 Osgood Street Special Permit Approval 4 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 MBF Design Consultants;dated August 15,2003. iv) Architectural drawings prepared by Woodman Associates,Inc.entitled".. cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File 1003 Osgood Street Special Permit Approval 5 Town of North Andover F,►ORTM o Atte° Office of the Planning Department Community Development and Sery ivision � s r 27 Charles Street North Andover,Massachusetts 01845 Telephone(978)688-9535 Fax(978)688-9542 Notice Of Decision Any appeal shall be filed Within(20) days after the Date of filing this Notice In the Office of the Town Clerk Date: January 12,2004 Date of Hearing: September 23, 2003, October 7,2003,October 21,2003,November 6, 2003,November 25,2003, December 2,2003,January 6,2004 Petition of: Thomas Properties,LLC,231 Sutton Street,North Andover,MA 01845 Premises Affected: 1003 Osgood Street Referring to the above petition4or a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw Section 4.136. So as to allow: the renovation and expansion of an existing structures at 1003 Osgood Street, as shown on Assessors Map 35,Lot 50. 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. . After a public hearing given on the above date,the Planning Board voted to APPROVE, the Site Plan Review Special Permit, based upon the following;of-. . Cc: Applicant Signed Engineer Heidi Gcting Town Planner Abutters on beh DPW Alberto Angles,Chairman Building Department George White, Vice Chairman Conservation Department Felipe Schwarz, Clerk Health Department John Simons ZBA Richard Nardella James Phinney,Associate Member BOARD OF APPEALS 08-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1003 Osgood Street Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Thomas Properties, LLC, 231 Sutton Street, North Andover, MA 01845, who submitted this application on August 22, 2003. The area affected is located on Osgood Street in the B-2 Zoning District, Map 35, Lot 50. The applicant is requesting a watershed special permit 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. Specifically,work within the Non-Disturbance Zone will include stormwater management including sur&ce and subsurface discharge,drainage pond outlet,and grading associated with both the stormwater system and proposed soccer field. No homes,impervious areas or driveways of any kind have been proposed within this zone. Work within the NonDWJwge 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 stonnwater 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 fads: 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) The topography ofthe site will not be altered substantially. d) 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 onDischarge 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 mirL ize 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 beenn 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 NW Design Consultants 103 Stems Road, Suite One, Salem NH 03079, consisting of sheets 1 through 9, dated August 15, 2003 and revised as of December 17,2003 and sheets Ll through L2 prepared by Huntress Associates, 17 Tewksbury Street, Andover, MA 01810,dated August 15,2003. u) A Traffic Study prepared by D3K Associates entitled."Tragic Impact&Access Study, Dated August 14,2003. iii) Drainage calculations entitled "Stormwater Management Drainage Calculations and Best Management Practices';prepared by MU Design Consultants;dated August 15, 2003. iv) Architectural drawings prepared by Woodman Associates, Inc. Ground and first floor Plans The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public heming and modification by the Planning Board. 2 1003 Osgood Street—watershed special Permit 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 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 approval 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 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. 3 1003 Osgood Street—watershed Special Permit PRIOR TO THE RELEASE OF THE PERFORMANCE BOND: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including 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 fading 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 plan 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 4 1003 Osgood street—watershed special Permit Town of North Andover N°RTM Office of the Zoning Board of Appeals Community Development and Services Division • 27 Charles Street +rte North Andover,Massachusetts 01845 SS►cHugEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 0 of March, 2004 at 7:30 PM to all parties interested in the appeal of Thomas Properties,LLC,231 Sutton Street,North Andover, for premises at: 1003 Osgood Street,requesting a Variance from Section 7, Paragraphs 7.3, 7.4,&Table 2; for the front setback and building height of the existing structure; and a Special Permit from Section 9,of the Zoning Bylaw in order to extend the existing structure by constructing a proposed 1 story addition on a conforming lot. The said premise affected is property with frontage on the East side of Osgood Street within the Business 2 (B-2)zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on February 23 &March 1, 2004. co Legalnotice 2004-005. r M35P50. ca c,ri w Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 µORTN TOWN OF NORTH ANDOVER VARIANCE °'y`'� ��'"° ? ;.. 0 ZONING BOARD OF APPEALS - NAME: ADDRESS OF APPEAL: ? . --, u Procedure & Requirements for an Application for a Variance Ten(10)copies of the following information must be submitted thirty(30 days prior to the first public hearing. STEP 6: SCHEDULING OF HEARING AND Failure to submit the required information within the PREPARATION OF LEGAL NOTICE: time periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules Zoning Board of an application as incomplete. the applicant for a hearing date and prepares the legal The information herein is an abstract of more notice for mailing to the parties in interest(abutters)and specific requirements listed in the Zoning Board for publication in the newspaper. The petitioner is Rules and Regulations and is not meant to fired that the.kxjW notice has.been prepared and the supersede them. The petitioner will complete items cad of the Party in Interest fee. that are underlined STEP T:DELIVERY OF LEGAL NOTICE TO NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Permit Denial form completed by the notice to the local newspaper publication. Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf, or be Board of Appeals for a Variance. All information as represented by an agent or attorney. In the absence of required in items 1 through and including 11 shalt be any appearance without due cause on behalf of the completed. petitioner, the Board shall decide on the matter by using the ir*wmation it has otherwise receive. Step 3: PLAN PREPARATION. Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision wiN be sent to all parties in interest. Any appeal of the Board's STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: decision may be made Putt to Massachusetts The petitioner requests from the Assessors Office a General Law ch.40A sec. 17,within twenty(20)days certified list of Parties in Interest(abutters). after the decision is filed with the Town Clerk:k STEP 5- SUBMIT APPLICATION: Step 10• RECORDING THE DECISION AND PLANS Petitionersubmits one(1)original and 10 Xerox copies The petitioner is responsible for recording certification of of all the required information to the Town Clerk's Office the decision and any accompanying plans at the Essex to be certified by the Town Clerk with the time and date County, North Registry of Deeds, 381 Common St., of filing. The original will be left at the Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left WO the Recording form and forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building Department. IMPORTANT PHONE NUMBERS:yY 9533 Office of Community ty Dev&Services 27 Charles Street, North Andover, MA 01845 . 978-6$8-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2 OF 4 Date&Time Stamp Application for r a VARIANCE North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Thomas Properties LLC —231 Sutton Street, North Andover MA 01845 phone 978.327.6540 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Same. Years Owned Land: 1 year+/- 3. Location of Property: a. Street:: Osgood Street Zoning District Business Two (B-2) b. Assessors: Map number 35 Lot Number: 50 c. Registry of Deeds: Book Number 6895 Page Number: 325 4. Zoning Sections under which the petition for the Variance is made. NAZB Table II — Dimensional Standards; Section 7.0 Dimensional Requirements; Section 7.3 Yards (Setbacks); Section 7.4 (Building Heights) *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Variance request: The existing farmhouse is seven (7)feet from the front property. The B-2 zone requires a 25' front yard setback. The existing structure is 47'in height, and the B-2 zone allows for 35'maximum height. This application seeks to secure a variance of 12' in height and 18' with regard to the front yard setback. The granting of this variance will allow the structures to remain as they presently exist by being in compliance with the dimensional standards and requirements. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 Application for a VARIAN C E Mn _ NORTH ANDOVER ZONING BOARD OF APPEALS 6. a. Difference from the Zoning Bylaw Requirements: indicate the dimensions that will not meet the current Zoning Bylaw Requirements(A&B are in the case o a lot split) Lot Area Open Space Percent Lot Frontage Building Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Height Spaces Front Side A Side B Rear A. 47' 7' — — B. 6. b. Existing Lot(S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 3.20 ac. 70%+/- <35% 305' 6 spaces 7' 63' 87' 320' 6, c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 3.20 ac. 70%+/- <35% 305' 54 spaces T 63' 87' 320' 6. d. Required Lot: (As required by Zoning Bylaw) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side Side B Rear 25.000 sf N/A 35%min. 125.00' 54 spaces 25.00' 25.00' 25.00' 30.00' 7. a. Existing Buildings: Ground Floor Number of Total Building Use of Number Square feet Floors Sq.feet Height Building* of Units 4.750 sf+1- 3.5 Stories 13.165+/- 47' Residential Two *Reference Use Code numbers and Uses from the Zoning Ordinance.State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Building Use of Number Square feet Floors Sq.feet Height Building* of Units 5,885 sf+/- One 17,843+/- 47' Professional Office/Residential Four *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town's Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of appeals does not absolve the applicant from this responsibility.. The petitioner shall be responsible for all expenses for filing and legalal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature Thomas Properties LLC -Thomas D. Laudani, Trustee/Applicant Date: January 15, 2004 w,r— pi * �,mvxYco Zoning Bylaw Review Form Town Of North Andover Building De partment 27 Charles St. North Andover MA. 01845 N Phone 978-688-9545Fax 978-688-9542 Street: Ma /Lot: -Applicant: '[lF ►rs'1'rf L . Re uest: S if, +r- Date: TNV-:�u Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting t 2 Frontage Complies y6� 3 Lot Area Complies Xr--e 3 Preexisting frontage d5 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G'S G Contiguous Building.Area 2 1 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preex' isting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 2. Height Exceeds Maximum t� 2 Front Insufficient , t'-5 Complies 3 Left Side Insufficient 3 Preexisting Height N� 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies -� P Watershed 3 Coverage Preexisting yt—S 1, Not in Watershed4 Insufficient Information 2 in Watershed C5 , Sign -*0 MOT T%-MTwtis CV,e 3 Lot prior to 10/24/94 c5 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district YOV5 2 Parking Complies ;ueuias ulplln8 uolssrtuw00Imp IS1H �a410 s)IaoM o!Ignd}o tuaw:4pje aQ uluueld u uolta esuoo pJeog luoZ 411 8H a0I10d �I " and :ol pease}aH i Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: o�p a �19rc- is i 8 A� STam& �- _ It.,f��� D C� S•1—Q Gc eGt� 2C //a w jff&2?,#r.4v g rzr 5 t Tom Ll.B 'To C-2 o i Sc�T' /Aek'orr • -s V%c 4 7 , c ca. y"aap�M17l'T1y"`b Zoning Bylaw Review Form � Town Of North Andover� •^�;� e Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-99545 Fax 978-688-9542 Street: Ma Lot• / M rt-e _ f3 Applicant -RAF oh,►►�-s"1'r f'�-n LL . Re uest: S le�-�zt— Date: F ►.�u Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 1 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed �''S G Contiguous Building.Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C I Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum C"'S 2 Front Insufficient . t"S 2. Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) e 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies P Watershed 3 Coverage Preexisting yC-5 1_ 1, Not in Watershed 4 Insufficient Information 2 In Watershed C'"5 ,j Sign '-%* "®T ' erm T\�-tiS 6viet") 3 Lot prior to 10/24/94 c 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 insufficient Information 3 insufficient information E Historic. District K Parking 1 In District review required 9 More Parking Required 2 Not in district Parking Complies ES 3 Insufficient Information 3 Insufficient Information 4 Pre--existin Parkin Remedy for the above is checked below. Item # Special Permits Pla:nning Board Item# Variance Site Plan Review Special Permi ,oC - >T4_i w �'� Setback Variance Access other than Fronta e S ecial Permit Parkin Variance. Frontage Exception Lot Special'Permit Lot Area Variance Common Driveway S ecial Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit S ecial Permits Zoning Board Independent Elderly Housing S ecial Permit Special Permit Non=Conformin Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sin PoT Ia T4iN QrV1 R-6 Density Special Permit C 2 Special permit for preexisting Watershed Special Permit nonconforming-- The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein b referent . � e The building ing department will retain alk-plans and documentation for the above Me.You must file anewpermitapplication form and begin the permitting process, Building Department Official SignaV0 Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: 4�1. n, :3 C `� t�42s • hl OAA (afl�l�-u,V( S7�2c-cap rte^ i3� "L o w��7 - ZoR �rclw Is 2 6 A� 944, N-I H-3 - -. TnT-Pe-go _ A ov R r,, t4; - �o 3S C-2 -- i . AJ ✓3E Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other Buildin De artme� i I HUNTRESS ASSOCIATES LANDSCAPE ARCHITECTURE &LAND PLANNING Wednesday,February 11,2004 Mr. Walter Soule,Acting Chair North Andover Zoning Board of Appeals . Town of North Andover 27 Charles Street North Andover,MA 01845 Re: 1003 Osgood Street—Variance Application. Dear Mr. Soule: On behalf of Thomas Properties LLC, we are please to provide the attached Variance application regarding the renovation and expansion of the existing structure at 1003 Osgood Street. The following is a brief description of the proposed project, existing property, and the specific requirements to be met for the issuance of the Variance as requested. 1. Description of Proposed Project: The proposed project will entail the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet(+/-)of professional office space and four renovated residential apartments. The existing farmhouse is seven(7)feet from the front property line.The proposed addition to the rear of the existing building meets all required setback and will be less than 35' in height. 2. Description of Premises: The site is improved with an existing farmhouse,barn,driveways and open fields. The primary use is residential,and the property contains approximately 3.20+/-acres. 3. Variance Application-Written Documentation: a. The particular use proposed for the land or structure. The existing use is residential.The proposed mix of office and residential uses are allowed by right in the Business Two(B-2)Zoning District. b. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the variance is sought which does not generally affect the zoning district in which the property is located. The structure is existing, and provides an attractive view given it's traditional architectural style and location. Further, the property is within the Lake Cochechewick Watershed Protection District, and although the existing structures are outside the 250 non-disturbance zone,a significant portion of the site is located within that zone. 17 Tewksbury Street, Andover MA o18io 978.470.8882 978.470,8890 fax ! Mr.Walter Soule 02/11/2004 Page 2 of 2 C. Facts which make up the substantial hardship,financial or otherwise,which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. If the variance is not granted the existing structures would have to be demolished. By maintaining the existing building in its present location and height,we can minimize impact to the 250' non-disturbance zone of the Watershed Protection District. Literal enforcement of the front yard setback would result in a new building, with pavement and grading encroaching closer to Lake Cochichewick d. Facts relied upon to support a finding that relief sought will be desirable and without substantially detriment to the public good.By granting the relief requested in this petition the existing structure will be preserved and renovated. It is our opinion that this structure provides a unique aesthetic quality/character to the surrounding neighborhood given its architectural style and setting. e. Facts relied upon to support a finding that the relief sought may be given without nullifying or substantially derogating from the intent or purpose of the ordinance. The renovation/expansion of the existing structure complies with all other dimensional and use restriction of the North Andover Zoning Bylaw. The use in allowed by right in the B-2 Zoning District, and the proposed addition complies with all setback and height requirements. L Submit RDA from the Conservation Commission when Contiguous Buildable Area is applied for in ZBA application.N/A We are confident that the plans and supporting information we have submitted are in keeping with the general intent of the North Andover Zoning Bylaw, and are in the best interest of the neighborhood and the Town of North Andover. For these reasons, we request that the Zoning Board of Appeals issue a Variance allowing the existing structure to remain in place. We appreciate your time and consideration with regard to this matter and we look forward to working with you throughout the approval process. Please feel free to contact my office with any further questions or concerns. Sincerely, Hun ess A socia s,Inc. Ch esti C.Hun ss Landscape Architect Cc: Thomas Properties LLC Woodman Associates,Inc. MHF Design Consultants Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 35 50 Thomas Properties, LLC 1003 Osgood Street No Andover, MA 01845 Abutters Properties Map Parcel Name Address 35 15 Vincent Grasso 10 Commerce Way N.Andover,MA 01845 35 16 Airport Commision City of Lawrence Lawrence,MA 01841 35 20 Goodwin Trust 1025 Osgood Street N.Andover, MA 01845 35 21 Town of North Andover 120 Main Street N.Andover, MA 01845 35 23 Town of North Andover 120 Main Street N.Andover, MA 01845 35 27 Angus Realty Corp 1077 Osgood Street N.Andover, MA 01845 35 28 Town of North Andover 120 Main Street N.Andover,MA 01845 35 29 R&M Realty Trust 1060 Osgood Street N.Andover, MA 01845 c/o David Samuel 35 44 Town of North Andover 120 Main Street N.Andover, MA 01845 35 47 VJ VK, Inc 1070 Osgood Street N.Andover, MA 01845 c/o Chai Thai Restaurant 35 49 Airport Commision City of Lawrence Lawrence, MA 01841 35 108 Cochichewick Realty Trust Great Pond Road N.Andover,MA 01845 74 5 John Ferreira 980 Osgood Street N.Andover, MA 01845 74 6 Airport Commision City of Lawrence Lawrence, MA 01841 Date 1/13104 Page 1 of 1 drtified b r !� o pard of Assessor North Andov r PAUL 4Ut- 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: Application for a Variance must be supported by a A Size of plan: Ten(10)paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a variance 11)One(1) Mylar. from the requirements of MGLA ch.40A, Sec. 10.4 and IIn :Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be dearly identified and factually five(5)ZBA signatures and date indicated on the supported. Each point,A-F individually, is required Mylar. � to be addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or n Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions, shape 2. zoning district(s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property,within 300'radius district in which the property is located. 6. locations of buildiiW on atiaoent Properties C. Fads which make up the substantial hardship. within 5(r from applicants proposed structw'e financial or otherwise,which results from literal 7. dead restrictions,easements, enforcement of the applicable zoning restrictions u)Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Fads relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicatnt, owner or record,and designer or substantially derogating from the intent or purpose surveyor. of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor!»joict%such as decks6 sheft and garage% application. shalt require only the plan information as indicated with an.asterisks(*). In some cases further information may 10. PLAN OF LAND be required Each application to the Zoning Board of Appeals shall 1.APPLICATION FILING FEES be accompanied by the follaMng described plan. Pians must be submitted with this application to the Town A t"fication fees:Applicant shah provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to:"Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841'for the cost of fiat class,certified, appeals return receipt($4-42 as of November 2003)x#of all parties in interest identified in MGLA ch.40A§11 on the A set of building elevation plans by a Registered abutWs list for the legal notice check. Also,the Architect may be required when the apphcation applicantshall supply first class postage stamps involves new construction/conversion/and/or a (may 37¢)x the#of parties of interest on the proposed change in use. abutters Nd for the decision rnaiiirg. B_ Mailing labels: Applicant shall provide four(4) 10 A. Major Projects sets of mailing labels no larger than 1'x2-518"(3 copies Major projects are those, which involve one of the for the Legal mailing and one copy for the Decision following whether existing or proposed: mailing). C- Administrative fee of$50.00 per application. I)five or more parking spaces, II)three(3)or more dwelling units, ►► A Variance once granted by the ZBA will lapse III)2000 square feet of building area. in 1 (one)year if not exercised and anew petition Major Projects shall require that in addition to the above must be submitted.4 features, plans must show detailed utilities, soils, and topographic information. TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS iW 0 PROCEDURE STEP 6-'SCHEDULING OF HEARING AND PREMWION OF LggAL NOTICE: and REQUIREMENTS 7hb Offs d of ttv&Z6hiii0oard of Appeals schedules the applicant for a hearing date and prepares the legal notice for FILING an APPLICATION for for mailing to the parties in interest(abutters)and for a SPECIAL PERMIT publication in the newspaper. The petitioner is notified Ten (10) copies of the following information must that the legal notice has been prepared and the cost of be submitted thirty 130) days prior to the first public the Party in Interest fee. hearing. Failure to submit the required information STEP 7: DELIVERY OF LEGAL NOTICE TO within the time periods prescribed may result in a NEWSPAPERIPARTY IN INTEREST FEE: dismissal by the Zoning Board of an application as The petitioner picks up the legal notice from the Office of incomplete. the Zoning Board of Appeals and delivers the legal notice The information herein is an abstract of more specific to the local newspaper publication. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined STEP 8: PUBLIC HEARING BEFORE THE ZONING will be completed by the petitioner. BOARD OF APPEALS: STEP 1:ADMINISTRATOR PERMIT DENIAL: The petitioner should appear in his/her behalf,or be The petitioner applies for a Building Permit and receivers represented by an agent or attorney. In the absence of a Permit Denial form completed by the Codes any appearance without due cause on behalf of the Administrator. petitioner,the Board shall decide on the matter by using the information it has otherwise receive. STEP 2: SPECIAL PERMIT APPLICATION FORM: STEP 9: DECISION: Petitioner completes an application form to petition the After the hearing, a copy of the Board's decision will be Board of Appeals for a Special Permit. All information sent to all parties in interest. Any appeal of the Board's as required in items 1 through and including 11 shall be decision may be made pursuant to Massachusetts completed. General Laws ch.40A sec. 17,within twenty(20)days Step 3: PLAN PREPARATION: after the decision is filed with the Town Clerk. Petitioner submits all of the required plan information as Step 10: RECORDING CERTIFICATE OF DECISION cited in item 10 page 4 of this form. PLANS. STEP 4: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits three(3)originals of all the required the decision and any accompanying plans at the Essex information to the Town Clerk's Office;to be stamped by County North Registry of Deeds, Lawrence the Town Clerk certifying the time and date of filing. Only Massachusetts, and shall complete the Certification of one original will be filed with the Town Clerk's Office, the Recording form and forward it to the Zoning Board of petitioner retains one stamped copy; the third stamped Appeals and the Building Department Office(s) copy is filed with the remaining seven (7) unstamped copies at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest(abutters). n IMPORTANT PHONE NUMBERS: 508-688-9533 Office of Community Dev. &Services 508-688-9501 Town Clerk's Office 508-688-9545 Building Department 508-688-9541 Zoning Board of Appeals Office PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Thomas Properties LLC — 231 Sutton Street, North Andover MA 01845 phone 978.327.6540 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Same. Years Owned Land: 1 year +/- 3. Location of Property: a. Street:: Osgood Street Zoning District Business Two (B-2) b. Assessors: Map number 35 Lot Number: 50 c. Registry of Deeds: Book Number 6895 Page Number: 325 4. Ordinance Sections under which the petition for the Special Permit is made. Section 9.0 - Non-conforming Uses *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: The Special Permit application is for expansion and alteration of a pre-existing non-conforming structure. The existing farmhouse and barn located at 1003 Osgood Street are pre-existing to the creation of the zoning bylaw and non-conforming to the extent that the existing residence is within seven (7') feet of the front property line, and the existing barn is approximately 47' in height. The applicant proposes to renovate the existing structures for office and residential use, and add a small addition to the rear of the building. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 Application for a SPECIAL_ PERMIT 01 NORTH ANDOVER ZONING BOARD OF APPEALS 6. a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Bads Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 3.20 ac. 80%+/- N/A 305' N/A 7' 68' 87' 320'+/- b. Proposed Lot(S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 3.20 ac. 70%+/- <35% 305' 54 spaces T 63' 87' 320' c. Required Lot: (As required by Zoning Ordinance) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Bads Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25.000 sf N/A 35%min. 125.00' 54 spaces 25.00' 25.00' 25.00' 30.00' 7. a. Existing Buildings: Ground Floor Number of Total Building Use of Number Square feet Floors Sq.feet Height Building* of Units 4,750 sf+/- 3.5 Stories 13,165+/- 47' Residential Two *Reference Use Code numbers and Uses from the Zoning Ordinance.State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Building Use of Number Square feet Floors Sq.feet Height Building* of Units 5.885 sf+/- 3.5 stories 17,843+/- 47' Professional Office/Residential Four *Reference Use Code numbers and Uses from the Zoning Ordinance.State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town's Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature Thomas Properties LLC - Thomas D. Laudani, Trustee/Applicant Date: January 9, 2004 Zoning Bylaw Review Form s a' Building Town Of North Andover g D epartment 27 Charles St. No . �� rth Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: Ma /Lot: M rM - 3 5 1.o-t-- s v A hcant: ---� -Ili-o rrs t.rtoP�z L..Z C Request: t- Date: � ►.au _ �3 zcp Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting t 2 Frontage Complies 3 Lot Area Complies c--�,� 3 Preexisting frontage 4 Insufficient information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed �-� G I Contiguous Building Area 2 Not Allowed 11 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 I Height Exceeds Maximum C'S 2 Front Insufficient. ., Yt-S 2. 1 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient information 5 Rear Insufficient 1 Building Coverage 6 Preexisting setback(s) yet-,;1 Coverage exceeds maximum .7 insufficient Information 2 1 Coverage Complies c-S D Watershed 3—j Coverage Preexisting I. , Not in Watershed 4 Insufficient Information 2 In Watershed C' -z, J Sign - w®T "PM't1�ts 6-v,a1: 3 Lot prior to 10/24/94 C^� 1 Sign not allowed 4 Zone to be Determined 2 _Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic. District KParking 1 in District review required 1 More Parking Required 2 Not in district �'S 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existin Parkin Remedy for the above is checked below. Item # Special Permits Planning"Board Item #Tvariance Site Plan Review Special Permit .o-w*.6.4,4t Setback Variance Access other than Fronts e Special Permit Parking Variance. Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Hei ht Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit S cial Permits Zoning Board Inde endent Elderly Housing Special Permit Special Permit Non-Conformin Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sin mo-r 211TM.QeVi 7 R-6 Density Special Permit Special permit for preexisting 14- inonconfomlin Watershed Special Permit I� The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain ali•plans and documentation for the above file.You must file a new permit application form and begin the permitting process. +--. �i�, 7-2- ZA+ 5 4 Building Department Official Signaty Application Received Application Denied • f • I Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: S(A-r ( -0--) S C&o nJ 9— .0 on,) W w,*hL 't FQo rvrZ �u�v �✓OA��D p �'(�r�(s z 8�,� c2i�-C 7'G72.►�...�t '�t--z�, `�p t' STQ li-�4�2� �C-7'n t�n> t3�� C.7►N�- s c� S,'tc �-3 ! Q - i- - , Leo 5 Tn 'e4.0 r� If Lf s A R �4 c-2 f 3� h+t'w ta. Referred To: Fire Health Police Zoning Board ConservationPlanni De rtmerrt of ublic Wo Other rks thern Historical Cr>rn orission Building D artment I! i HUNTRESS ASSOCIATES A. LANDSCAPE ARCHITECTURE & LAND PLANNING Wednesday,February 11,2004 Mr.Walter Soule,Acting Chair North Andover Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover,MA 01845 Re: 1003 Osgood Street—Special Permit for expansion/alteration of a non-conforming structure.. Dear Mr. Soule: On behalf of Thomas Properties LLC, we are please to provide the attached Special Permit application regarding the renovation and expansion of the existing structures at 1003 Osgood Street. The following is a brief description of the proposed project, existing property, and the specific requirements to be met for the issuance of the Special Permit. 1. Description of Proposed Project: The proposed project will entail the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet(+/-)of professional office space and four renovated residential apartments.The site is a 3.20+/-acre parcel of land bounded by Osgood Street to the west, Treadwell's Ice Cream to the north,Lake Cochichewick to the east and the Stevens Estate at Osgood Hill to the south. The project is within the Watershed Protection District,and a Watershed Special Permit has been secured from the North Andover Planning Board. The existing structures are pre-existing non-conforming,in that the existing farmhouse is seven (7')feet from the front property line,and the existing barn is approximately forty seven(47')feet in height. 2. Description of Premises: The site is improved with an existing farmhouse,barn,driveways and open fields.The primary use is residential,and the property contains approximately 3.20+/-acres. 3. Special Permit Application—Section 9,Written Documentation: a. The particular use proposed for the land or structure. The proposed mix of office and residential uses are allowed by right in the Business Two (B-2)Zoning District. The existing building is a pre-existing non-conforming structure, and the proposed renovation and addition will not increase the non-conformity of the structure. b. The requested use is essential and/or desirable to the public convenience or welfare. 17 Tewksbury Street, Andover MA o18io 978.470.8882 978.470.8890ta, Mr.Walter Soule 02/11/2004 Page 2 of 3 The adjoining general business and industrially zoned properties will not be negatively impacted by the restoration/expansion of the existing farmhouse and barn. The renovation is desirable in that the completed project will protect the historic significance of the existing structure and surrounding views toward Lake Cochichewick. C. The requested use will not create undue traffic congestion, or unduly impair pedestrian safety. Driveways have been located to provide for the best available site distance along Osgood Street. The project will not negatively impact the level of service along Osgood Street, or otherwise impact pedestrian foot traffic on or around the property. d. Ability of the proposed sewage disposal and water supply system within and adjacent to the site to serve the proposed use. The project will be connected to the municipal water and new municipal sewer system available in Osgood Street. Sufficient capacity exists within the municipal system to accommodate the proposed project needs. A sub-surface drainage system is being proposed,and accommodates all increased runoff resulting from the development. Please refer to the enclosed drainage report for additional information. e. Any special regulation for the use,set forth in the special permit table are fulfilled. The project, as designed, complies with all special permit requirements of the North Andover Zoning Bylaw. L The requested use will not impair the integrity or the character of the district or adjoining districts,nor be detrimental to the character of said neighbors. The farmhouse and barn are existing structures, and the addition will be designed to respect the scale and style of the original building. The surrounding uses are predominately general business and industrial, and the renovation of these structures will not harm their character or present use. Please refer to the attached architectural drawings for additional detail. g. The requested use will not, by its addition to a neighborhood, cause an excess of that particular use that could be detrimental to the character of said neighborhood. The proposed use is a mix of professional office and four residential apartments. The surrounding land uses are predominantly defined by retail, office and industrial land uses. The renovation/expansion of these existing structures for their intended use will not cause an excess of any particular use, nor will it be detrimental to the surrounding neighborhood. h. The proposed use is in harmony with the purpose and intent of this ordinance.The proposed use shall not be conducted in a manner so as to emit any dangerous, noxious, injurious or otherwise objectionable fire, explosion, radioactive or other hazard, noise or vibration, smoke, duct odor or other form of environmental Mr.Walter Soule 02/11/2004 Page 3 of 3 pollution. Given the nature of the renovation, and the understanding that the proposed uses are allowed by right, the proposed project is in harmony with the general purposes and intent of Section 1 ( Purposes )of the North.Andover Zoning Bylaw.Further,as the proposed uses are professional office and residential, there will be no long-term impact on the surrounding area from excessive noise, dust, smoke, vibration or other negative environmental pollution. We are confident that the plans and supporting information we have submitted are in keeping with the general intent of the North Andover Zoning Bylaw, and are in the best interest of the neighborhood and the Town of North Andover. For these reasons, we request that the Zoning Board of Appeals issue a Special Permit Approval allowing the renovation/expansion of this non-conforming structure as outlined herein. We appreciate your time and consideration with regard to this matter. Please feel free to contact my office with any further questions or concerns. Sincerely, Huntress AVsociates,Inc. Christian C. untress Landscape Architect Cc: Thomas Properties LLC Woodman Associates,Inc. NIHF Design Consultants Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property. MAP PARCEL Name Address 35 50 Thomas Properties, LLC 1003 Osgood Street No Andover, MA 01845 Abutters Properties Map Parcel Name Address 35 15 Vincent Grasso 10 Commerce Way N.Andover, MA 01845 35 16 Airport Commision City of Lawrence Lawrence, MA 01841 35 20 Goodwin Trust 1025 Osgood Street N.Andover, MA 01845 35 21 Town of North Andover 120 Main Street N.Andover, MA 01845 35 23 Town of North Andover 120 Main Street N.Andover, MA 01845 35 27 Angus Realty Corp 1077 Osgood Street N.Andover, MA 01845 35 28 Town of North Andover 120 Main Street N.Andover, MA 01845 35 29 R&M Realty Trust 1060 Osgood Street N.Andover, MA 01845 c/o David Samuel 35 44 Town of North Andover 120 Main Street N.Andover, MA 01845 35 47 VJ VK, Inc 1070 Osgood Street N.Andover, MA 01845 c/o Chai Thai Restaurant 35 49 Airport Commision City of Lawrence Lawrence, MA 01841 35 108 Cochichewick Realty Trust Great Pond Road N.Andover, MA 01845 74 5 John Ferreira 980 Osgood Street N.Andover, MA 01845 74 6 Airport Commision City of Lawrence Lawrence, MA 01841 Date 1/13/04 Page 1 of 1 Cutiffed b < <� o oard of Assessor North Andov r PAGE 4'OF 4 Application for a SPECIAL PERMIT i � S� v.� �,� ,'�t.L w� ��-•rt ate. 1�y.2'��^t t , z� - ,'` �,°� Baa � 1 North ANDOVER ZONING BOARD OF APPEALS 9. WRITTEN DOCUMENTATION a) Size of plan: Ten (10)copies of a plan not to Application for a Special Permit must be supported by a exceed 36x24, preferred scales of 1"=20,' 1.=40', legibly written or typed memorandum setting forth in 1"=10' detail all facts relied upon. This is required in the case b) Neighborhood Plan: 10 Copies, 8.5X11 of the tax of a Special Permit when the following points, based on map with the site centered. MGLA ch. 40A sec. 9 and the Zoning Ordinance Section c) Locus Plan: 10 copies, 8.5X11 of a portion the xxxxxxxSpecial Permit shall be clearly identified and Northern Essex County Map with the site indicted. factually supported: Addressing each of the below Plan prepared by a Registered Professional points individually is required with his application. Engineer and/or Land Surveyor, on mylar in black ink with block for ZBA signature and date. 1. The particular use proposed for the land or structure. 2. The requested use is essential and/or desirable to 10 C. FEATURES TO BE INDICATED ON PLAN: the public convenience or welfare. A. Site Orientation shall include: 3. the requested use will not create undue traffic 1. north point congestion, or unduly impair pedestrian safety. 2. zoning district(s) 4. The requested use will not overload any public water, 3. names of streets drainage or sewer system or any other municipal 4. wetlands(if applicable) system. 5. property boundaries, 5. Any special regulation for the use, set forth in the 6. locations of buildings on adjacent properties special permit table are fulfilled. 7. deed restrictions, easements. 6. The requested use will not impair the integrity or the B. Legend$Graphic Aids: character of the district or adjoining districts nor be 1. Proposed features in solid lines. detrimental to the health or welfare. 2. Existing features to be removed in dashed lines. 7. The requested use will not, by its addition to a 3. Graphic Scales neighborhood, cause an excess of that particular use 4. Date of Plan that could be detrimental to the character of said 5. Title of Plan neighborhood. 6. Names addresses and phone numbers of the; 8. The proposed use is in harmony with the purpose applicant,owner or record, and designer or and intent of this ordinance. The proposed use shall surveyor. not be conducted in a manner so as to emit any dangerous, noxious, injurious or otherwise 10 D. FURTHER REQUIREMENTS: objectionable fire, explosion, radioactive or other Major Projects shall require that in addition to the above hazard, noise or vibration, smoke, duct, odor or other features, plans must show detailed utilities, soils, and form of environmental pollution. topographic information. A set of building elevation plans may be required when the application involves new 10. Plan of Land construction/conversion/and/or a proposed changes in Each application to the Zoning Board of Appeals shall be use. accompanied by the following described plan. Plans must be submitted with this application to the Town 11. APPLICATION FILING FEES Clerk's Office and ZBA secretary at least thirty(30)days A. Notification Fees:A fee of xxxxxxxfor each party in prior to the public hearing before the Zoning Board of Interest(abutters)as identified in MGLA ch.40A sec. appeals. 11 and$xxxxxper Petitioner as listed on the application,to be made payable prior to the first 10 A. Major Projects notification. The applicant shall be billed by the Major projects are those which involve one of the newspaper to costs associated with notification in the following whether existing or proposed: a)xxxxxor more newspaper. parking spaces, b)three(3) or more dwelling units, c) B. An administrative fee of$xxxxxxxper application. 5000 square feet of building area. Those projects that are less than the above limits shall require only the plan information as indicated with an asterisks (*) In some cases further information may be required. 10 B. Plan Specifications: of yyoRri/ TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS - o4— NAME: "SS:,CO ADDRESS OF APPEAL: , ; j ,V1 F . Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty(30)days prior to the first public hearing. STEP 6:SCHEDULING OF HEARING AND Failure to submit the required information within the PREPARATION OF LEGAL NOTICE: time periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules Zoning Board of an application as incomplete. the applicant for a hearing date and prepares the legal �f The information herein is an abstract of more notice for mailing to the parties in interest(abutters) and specific requirements listed in the Zoning Board for publication in the newspaper. The petitioner is Rules and Regulations and is not meant to notified that the.legal notice has been prepared and the supersede them. The petitioner will complete items cost of the Party in Interest fee. that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO I NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Permit Denial form completed by the notice to the local newspaper publication. Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf, or be Board of Appeals for a Variance. All information as : represented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner, the Board shall decide on the matter by using the information it has otherwise receive. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts The petitioner requests from the Assessors Office a General Law ch. 40A sec. 17, within twenty(20) days certified list of Parties in Interest(abutters). after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Step 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1)original and 10 Xerox copies The petitioner is responsible for recording certification of of all the required information to the Town Clerk's Office the decision and any accompanying plans at the Essex to be certified by the Town Clerk with the time and date County, North Registry of Deeds, 381 Common St., of filing. The original will be left at the Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left with the Recording form and forward it to the Zoning Board of Zoning Board of Appeals secretary_ Appeals and the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services 27 Charles Street, North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 4OF4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Variance must be supported by a I) Size of plan: Ten (10) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a variance II)One(1) Mylar. from the requirements of MGLA ch_ 40A, Sec. 10.4 and IIn Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five(5) ZBA signatures and date indicated on the supported. Each point,A-F individually, is required Mylar. to be addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or I) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions, shape 2. zoning district(s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property, within 300'radius district in which the property is located_ 6, locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50'from applicants proposed structure financial or otherwise, which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions Ln Legend &Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant, owner or record, and designer or substantially derogating from the intent or purpose surveyor. of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an. asterisks(*). In some cases further information may. 10. PLAN OF LAND be required Eadh application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town A Notification fees: Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841"for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch. 40A§11 on the j A set of building elevation plans by a Registered abutter's list for the legal notice check Also, the Architect may be required when the application applicant shall supply first Gass postage stamps involves new construction/conversion/and/or a (currently 37¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four(4) 10 A. Major Projects sets of mailing labels no larger than 1"x2-5/8" (3 copies Major projects are those, which involve one of the for the Legal mailing and one copy for the Decision Following whether existing or proposed: mailing). I) five or more parking spaces, C. Administrative fee of$50.00 per application. II) three (3)or more dwelling units, III) 2000 square feet of building area. lo-I,-. A Variance once granted by the ZBA will lapse in 1 (one)yew if not exercised and a new petition Major Projects shall require that in addition to the above must be submitted.�4 eatures, plans must show detailed utilities, soils, and opographic information. PAGE 2 OF 4 Date&Time Stamp Application for a VARIANCE M 4 , North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Thomas Properties LLC — 231 Sutton Street, North Andover MA 01845 phone 978.327.6540 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Same. Years Owned Land: 1 gear 3. Location of Property: a. Street:: Osgood Street Zoning District Business Two (13-2) b. Assessors: Map number 35 Lot Number: 50 c. Registry of Deeds: Book Number 6895 Page Number: 325 4. Zoning Sections under which the petition for the Variance is made. NAZB Table II — Dimensional Standards; Section 7.0 Dimensional Requirements; Section 7.4 Building Heights and Section 7,3 Yards (setbacks) *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Variance request: The existing farmhouse is within the front property line setback, and the existing barn exceeds 35' in height. This application seeks to secure a variance allowing the existing structures to remain as they presently exist. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Nage 3 of 4 Application for a VARIAN C E NORTH ANDOVER ZONING BOARD OF APPEALS 6. a. Difference from the Zoning Bylaw Requirements: Indicate the dimensions that will not meet the current Zoning Bylaw Requirements(A& B are in the case o a lot split) Lot Area Open Space Percent Lot Frontage Building Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Height Spaces Front Side A Side B Rear A. 42' < 10' B. 6. b. Existing Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 3.20 ac. 70%+/- <35% 305' 54 spaces < 10' 63' 87' 320' 6. c. Proposed Lot(S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 3.20 ac. 70%+/- <35% 305' 54 spaces < 10' 63' 87' 320' 6. d. Required Lot: (As required by Zoning Bylaw) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25,000s N/A 35%min. 125.00' 54 spaces 25.09 25.00' 25.00' 30.00' 7. a. Existing Buildings: Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building" of Units 4,750 sf+/- 3.5 Stories 42' Bam 13,165+/- Residential Two "Reference Use Code numbers and Uses from the Zoning Ordinance.State number of units in building. B. Proposed Buildings: Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units 5.885 sf+/- One 42' Bam 17,843 sf+/- Professional Office/Residential Four *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town's Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature '' — ----- Thomas Properties LLC - Thomas D. Laudani, Trustee/Applicant Date: January 15, 2004 HUNTRESS ASSOCIATES LANDSCAPE ARCHITECTURE &LAND PLANNING Thursday, January 15, 2004 Mr. William Sullivan, Chair North Andover Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 Re: 1003 Osgood Street—Variance Application. Dear Mr. Sullivan: On behalf of Thomas Properties LLC, we are please to provide the attached Variance application regarding the renovation and expansion of the existing structure at 1003 Osgood Street. The following is a brief description of the proposed project, existing property, and the specific requirements to be met for the issuance of the Variance as requested. 1. Description of Proposed Project: The proposed project will entail the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet(+/-)of professional office space and four renovated residential apartments. The site is a 3.20+/-acre parcel of land bounded by Osgood Street to the west,Treadwell's Ice Cream to the north,Lake Cochichewick to the east and the Stevens Estate at Osgood Hill to the south. The project is within the Watershed Protection District. The renovation and addition to the existing structure has been designed to harmoniously integrate the new use with the existing building and surrounding landscape. The design team recognizes that the views into,and around,this building help to define the character of the surrounding neighborhood, and we have worked to best preserve the integrity of the site. The site will be serviced with municipal sewer,water,electric,telephone and gas service. The existing farmhouse is with the 30' frontyard setback, and the existing barn is approximately 42'in height. The proposed addition to the rear of the building meets all required setback and will be less than 35' in height.As a result, it is our opinion that the granting of a variance providing relief for the existing structure does not derogate from the purpose and intent of the North Andover Zoning Bylaw,and will not be detrimental to the surrounding neighborhood. 17 Tewksbury Street, Andover MA o18io 978.470.8882 978.470.8890 fax Mr.William Sullivan 01/15/2004 Page 2 of 3 2. Description of Premises: The site is improved with an existing farmhouse,barn,driveways and open fields. The primary use is residential, and the property contains approximately 3.20+/-acres. 3. Special Permit Application—Section 9,Written Documentation: a. The particular use proposed for the land or structure. The existing use is residential. The proposed mix of office and residential uses are allowed by right in the Business Two (B-2)Zoning District. b. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the variance is sought which does not generally affect the zoning district in which the property is located. The structure is existing, and provides an attractive view to those passing by given it's traditional architectural style and location. Further, the property is within the Lake Cochechewick Watershed Protection District, and although the existing structures are outside the 250 non-disturbance zone, a significant portion of the site is located within that zone. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. If the variance is not granted the existing structures would have to be demolished. By maintaining the existing building in its present location and height, we can minimize impact to the 250' non-disturbance zone of the Watershed Protection District. Literal enforcement of the front yard setback and height limitation would result in a new building, with pavement and grading encroaching closer to Lake Cochichewick d. Facts relied upon to support a finding that relief sought will be desirable and without substantially detriment to the public good. By granting the relief requested in this petition the existing structure will be preserved and renovated. It is our opinion that this structure provides a unique aesthetic quality/character to the surrounding neighborhood given its architectural style and setting. e. Facts relied upon to support a finding that the relief sought may be given without nullifying or substantially derogating from the intent or purpose of the ordinance. The renovation/expansion of the existing structure complies with Mr.William Sullivan 01/15/2004 Page 3 of 3 all other dimensional and use restriction of the North Andover Zoning Bylaw. The use in allowed by right in the B-2 Zoning District, and the proposed addition complies with all setback and height requirements. f. Submit RDA from the Conservation Commission when Contiguous Buildable Area is applied for in ZBA application.N/A We are confident that the plans and supporting information we have submitted are in keeping with the general intent of the North Andover Zoning Bylaw, and are in the best interest of the neighborhood and the Town of North Andover. For these reasons, we request that the Zoning Board of Appeals issue a Variance allowing the existing structure to remain in place. As you may already be aware, the project has received a Watershed Special Permit and Site Plan Review approval from the North Andover Planning Board,with the condition that we secure any required approvals from the Zoning Board of Appeals prior to the start of any construction. We appreciate your time and consideration with regard to this matter and we look forward to working with you throughout the approval process. Please feel free to contact my office with any further questions or concerns. Sincerely, H ress As ciates, Inc. C 'stian untress Landscape Architect Cc: Thomas Properties LLC Woodman Associates,Inc. MHF Design Consultants Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT.' MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the pluming board of the city or town,and the planning board of every abutting city or town." Subiect Proaerttr. MAP PARCEL Name Address 35 50 Thomas Properties, LLC 1003 Osgood Street No Andover,MA 01845 Abutters Properties Map Parcel Name Address 35 15 Vincent Grasso 10 Commerce Way N.Andover, MA 01845 35 16 Airport Commision City of Lawrence Lawrence, MA 01841 35 20 Goodwin Trust 1025 Osgood Street N.Andover, MA 01845 35 21 Town of North Andover 120 Main Street N.Andover, MA 01845 35 23 Town of North Andover 120 Main Street N.Andover, MA 01845 35 27 Angus Realty Corp 1077 Osgood Street N.Andover, MA 01845 35 28 Town of North Andover 120 Main Street N.Andover, MA 01845 35 29 R&M Realty Trust 1060 Osgood Street N.Andover, MA 01845 c/o David Samuel 35 44 Town of North Andover 120 Main Street N.Andover,MA 01845 35 47 VJ VK, Inc 1070 Osgood Street N.Andover, MA 01845 c/o Chai Thai Restaurant 35 49 Airport Commision City of Lawrence Lawrence, MA 01841 35 108 Cochichewick Realty Trust Great Pond Road N.Andover, MA 01845 74 5 John Ferreira 980 Osgood Street N.Andover, MA 01845 74 6 Airport Commision City of Lawrence Lawrence, MA 01841 Date1/13/04 Page 1 Of 1 Certified b l !3 0 oard of Assessor North Andov r Town of North Andover, Zoning Board of Appeals Parties of Interest/Abutters Listin REQUIREMENT: MGL 40A, Section 11 states inart" p Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property,list by map, parcel, name and address(please print clearly and use black ink.) MAP PARCEL NAME ADDRESS , ' ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND it CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNATURE PAGE OF Pagel of 3 Site PlanSpecial Permit Application I y Town of North Andover PlanningL$oard Application for Site Plan SpecM, 3PJ lif A H. SQ Please type or print clearly. w 1. Petitioner: Thomas ProDerties LLC. Petitioner's Address: 231 Sutton Street-North Andover,Massachusetts 01845 Telephone number: 978.327.6540 phone -73 2. Owners of the Land: Thomas Properties LLC Address: c/o Tom Laudani Trustee Number of years of ownership: I year 3. Description of Proposed Project: The proposed project will entail the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet(+/-)of professional office space and four renovated residential apartments.The site is a 3.20 +/-acre parcel of land bounded by Osgood Street to the west,Treadwell's Ice Cream to the north,Lake Cochichewick to the east and the Stevens Estate at Osgood Hill to the south. The project is within the Watershe Protection District,and a Watershed Special Permit has been filed concurrently with this application. The renovation and addition to the existing structure has been designed to harmoniously integrate the new use with the existing building and surrounding landscape.The design team recognizes that the views into,and around,this building help to define the character of the surrounding neighborhood,and we have worked to best preserve the integrity of the site.This proposal also includes minor regrading of the existing open field to accommodate a youth soccer field.The site will be serviced with municipal sewer,water,electric,telephone anc gas service.For a complete description of proposed utilities please refer to the attached plans. 4. Description of Premises: The site is improved with an existing farmhouse,barn,driveways and open fields.The primary use is residential and the property contains approximately 3.20+/-acres. 5. Address of Property Being Affected: 1003 Osg000d Street,North Andover Zoning District: Business Two(B-2) Assessors: Map: 35 Lot# 50 Registry of Deeds: Book#:6895 Page# 325 6. Existing Lot: Lot Area(Sq.Ft) 3.20 Acres+/- Building Height: 41'-6"+/-(ham) Street Frontage: 305'+/ Side Setbacks: 68'min+/- Front Setback: less than 10' Rear Setback: 320'+/- Floor Area Ratio: .10:1`+/- Lot Coverage: 70/o+/- 7. %+/-7. Proposed Lot(if applicable): R Lot Area(Sq.Ft) 3.20 Acres+/ Building Height: 41'-6"+/-(existing barn) Street Frontage: 305'+/- Side Setbacks: 64'min. Front Setback: Existing Rear Setback: 320'to rear property line Floor Area Ratio: .13:1 +/- Lot Coverage: Less than 35% 8. Required Lot(as required byZoning Bylaw): Lot Area(Sq.Ft) 25,060 sf Building Height: 35' Page 2 of 3 Site Plan Special Permit Application Street Frontage: 125' Side Setbacks: 40'From R-1 Boundary Front Setback: 30' Rear Setback: 45'From R-1 Boundary Floor Area Ratio: .30:1 Lot Coverage: 35% 9. Existing Building(if applicable): Ground Floor(Sq.Ft.) 4,625 sf+/_ #of Floors Three/Four,see plan Total Sq.Ft. 13.165 sf+/- Height: 41'6"+/-(barn) Use: Residential Type of Construction:wood frame 10. Proposed Building: Ground Floor(Sq.Ft.) 5,885 sf+/- #of Floors Three/four,see plan Total Sq.Ft. 17.843 sf(including residential) Height: 41'6"+/-(existing) Use: Office/Residential Type of Construction: Steel&wood frame 11. Has there been a previous application for a Special Permit from the Planning Board on these premises?NO If so,when and for what type of construction? 12. Section of Zoning Bylaw that Special Permit Is Being Requested: NAZB Section 8.3 -(Site Plan Review Special Permit)and Section 10.3(Special Permit Regulations) NAZB Section 4.136(Watershed Protection District) 13. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application incomplete. Petitioner's Signature: Print or type name here: Thomas D.LaudanL Trustee -Thomas Properties LLC Owner's Signature: Print or type name here: Thom D Laudani Trustee -Thomas Properties LLC 14. Please list title of plans and documents you will be attaching to this application. Plans: Site Plan Review and Special Permit Plans for 1003 Osgood Street North Andover,Massachusetts 01845 Dated: August 15,2003 Prepared by: MI-IF Design Consultants 103 Stiles Road Suite One Salem,NH 03079 Reports,Attachments and filing fees • Drainage Report-Prepared by MHF Design Consultants,Inc. • Traffic Impact Statement F Prepared by DJK Associates,Inc. • Architectural Plans&Elevations—Prepared by Woo dman Associates,Inc. Mr 77 77 TF T Page 1 of 3 Watershed Spo01 t'application ILI Es � tel Town of North Andover Planning Board 3 ,.G 2? A 11: 5L, Application for Watershed Special Permit Please type or print clearly. 1. Petitioner: Thomas Properties LLC Petitioner's Address: 231 Sutton Street-North Andover Massachusetts 01845 Telephone number: 978 327 6540 phone 2. Owners of the Land: Thomas Properties LLC Address: c/o Tom Laudani Trustee Number ofY ears of ownership: rear 3. Description of Proposed Project: The proposed project will include the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet(+/-)of professional office space and four renovated residential apartments.The site is a 3.20 +/-acre parcel of land bounded by Osgood Street to the west,Treadwell's Ice Cream to the north,Lake Cochichewick to the east and the Stevens Estate at Osgood Hill to the south. The renovation and addition to the existing structure has been designed to harmoniously integrate the new use with the existing building and surrounding landscape.The design team recognizes that the views into,and around,this building help to define the character of the surrounding neighborhood,and we have worked to best preserve the integrity of the site.This proposal also includes minor regrading of the existing open field to accommodate a youth soccer field.The site will be serviced with municipal sewer,water,electric,telephone and gas service.For a complete description of proposed utilities please refer to the attached plans.Understanding the above,we have limited the impact to any wetland or buffer zone to those listed below: a. Non-Disturbance Buffer Zone(Within 250'of Lake Cochichewick,and 100'of all wetland resource areas) 1. Minor grading associated with the proposed youth soccer field;Limited construction of driveway,parking,retaining walls and associated grading required to provide appropriate site circulation,and;Renovation of the existing barn,See attached plans for specific details. (Use allowed by Special Permit—Section 4.135 para 3c)No new buildings of any kind have been proposed within this zone. b. Non-Discharge Buffer Zone(Within 325'of Lake Cochichewick and all wetland resource areas) 1. Renovation/expansion of the existing farmhouse;Renovation of the existing barn.See attached plans for specific details.(Allowed Use by Special Permit—Section 4.135 para 3b(ii)) 2. Stormwater management including surface discharge and associated grading. (Use allowed by Special Permit—Section 4.135 para 3b(ii)) 4. Description of Premises: The site is improved with an existing farmhouse,barn,driveways and open fields.The primary-use is residential, and the property contains approximately 3.20+/-acres. 5. Address of Property Being Affected: 1003 Osgood Street,North Andover Zoning District: Business Two(B-2) Assessors: Map. 35 Lot# 50 Registry of Deeds: Book.#:6895 Page# 325 Page 2 of 3 Watershed Special Permit Application 6. Existing Lot: Lot Area(Sq.Ft) 3.20 Acres+/_ Building Height: 4 P-6"+/- barn) Street Frontage: 305'+/ Side Setbacks: 68'min Front Setback: less than 10' Rear Setback: 320' Floor Area Ratio: .10:1 +/- Lot Coverage: 7%+/ 7. Proposed Lot(if applicable): Lot Area(Sq.Ft) 3.20 Acres+/- Building Height: 41'-6"+/-(existing ) Street Frontage: 305'+/- Side Setbacks: 64'min. Front Setback: Existing Rear Setback: 320'to rear property line Floor Area Ratio: .13:1 +/- Lot Coverage: Less than 35% 8. Required Lot(as required by Zoning Bylaw): aa , Lot Area(Sq.Ft) 25.000 sf Building Height: 35' . Street Frontage: 125' Side Setbacks: 40'From R-1 Boundary Front Setback: 30' Rear Setback: 45'From R-1 Boundary Floor Area Ratio: .30:1 Lot Coverage: 35% z. 9. Existing Building(if applicable): Ground Floor(Sq.Ft.) 4.625 sf+/- #of Floors Three/Four,see plan Total Sq.Ft. 13,165 sf+/- Height: 41'6"+/-(barn) Use: Residential Type of Construction:wood frame 10. Proposed Building: Ground Floor(Sq.Ft.) 5.885 sf+/- #of Floors Three/four,see plan Total Sq.Ft. 17,843 sf(including residential) Height: 41'6"+/-(existing) _ Use: Office/Residential Type of Construction:Steel&wood frame 11. Has there been a previous application for a Special Permit from the Planning Board on these premise Pls?NO If so,when and for what type of construction? 12. Section of Zoning Bylaw that Special Permit Is Being Requested: NAZB Section 8.3-(Site Plan Review Special Permit)and Section 10.3(Special Permit Regulations) NAZB Section 4.136(Watershed Protection District) 13. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every .application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application does not absolve the applicant from this responsibility. The received by the Town Clerk or Planning Office petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this applicatio as incomplete. �. Petitioner's Signature: Print or type name here: Thomas D Laudani Trustee -Thomas Properties LLC Owner's Signature: Print or type name here: Thomas D Laudani Trustee -Thomas Properties LLC eo f Tans and documents you will be attaching to this application. 14. Please list title p y g PP Plans: Site Plan Review and Special Permit Plans for n s � � 103 Stiles Road•Suite One•Salem, New Hampshire 03079 MHF Design Consultants, Inc. TEL(603)893-0720•FAX(603)893-0733 August 10, 2006 Mr. Richard Nardella North Andover Planning Board Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: 1003 Osgood Street Watershed Special Permit Modification Dear Mr. Nardella: On behalf 1003 Osgood Street, LLC, Ml-IF Design Consultants, Inc. is pleased to provide the attached Watershed Special Permit Modification application regarding the proposed construction at 1003 Osgood Street. The following is a brief description of the proposed site plan and the specific requirements as set forth in the North Andover zoning bylaws for attaining a watershed special permit. 1. Description of Proposed Project: The previously approved project entails the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet(+/-)of professional office space and four renovated residential apartments. The renovation and addition to the existing structure has been designed to harmoniously integrate the new use with the existing building and surrounding landscape. The proposed Site Plan modification provides direct access between Map 35 Lot 50 and Map 35 Lot 20 by use of a shared driveway access, shared parking and rear driveway access providing circulatory movement of vehicles between lots. The site is a 3.20 +/-acre parcel of land bounded by Osgood Street to the west, Treadwell's Ice Cream to the north, Lake Cochichewick to the east and the Stevens Estate at Osgood Hill to the south. 2. Description of Premises: The site is improved with an existing farmhouse,barn, driveways and open fields. The primary use is residential, and the property contains approximately 3.20 +/- acres. Written Documentation: I. Written certification by a Registered Professional Engineer,or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, stating that there will not be any significant degradation of the ENGINEERS • PLANNERS • SURVEYORS i MHF Design Consultants, Inc. quality or quantity of water in or entering Lake Cochichewick; Written documentation has been provided and is attached hereto with regards to the degradation of the quality or quantity of water in or entering Lake Cochichewick. 2. Proof that there is no reasonable alternative location outside the Non-Disturbance and/or Non-Discharge Buffer Zones,whichever is applicable,for any discharge, structure, or activity, associated with the proposed use to occur; The proposed construction is an accepted use in accordance with NAZB Section 4.136 3 c.ii: (1) Any activity which cause a change in topography or grade (2) Vegetation removal or cutting, other than in connection with agricultural uses or maintenance of landscape area. (5) Any surface or sub-surface discharge, including but not limited to, stormwater runoff; drainage of any roadway that is maintained by the Division of Public Works or any private association;outlets of all drainage swales; outlets of all detention ponds. 3. Evidence of approval by the Mass. Dept. of Environmental Protection (DEP) of any industrial waste water treatment or disposal system or any waste water treatment of system fifteen thousand (15,000) gallons per day capacity; Not applicable. 4. Evidence that all on-site operations including, but no limited to, construction,waste water disposal,fertilizer applications and septic systems will not create concentrations of Nitrogen in groundwater, greater than the Federal limit at the down gradient property boundary; As shown in the letter with regards to the degradation of the quality or quantity of water entering attached hereto, no nitrogen-based fertilizers shall be used. Only organic methods of fertilizer with reduced nitrogen content shall be used. 5. Projections of down gradient concentrations of nitrogen, phosphorus and other relevant chemicals at property boundaries and other locations deemed pertinent by the SPGA; No concentrations of nitrogen or phosphorous will be generated as part of this project. 6. The SPGA may also require that supporting materials be prepared by other professional including, but no limited to, a registered architect, registered landscape MHF Design Consultants, Inc. architect, registered land surveyor,registered sanitarian, biologist,geologist or hydrologist when in its judgment the complexity of the proposed work warrant the relevant specified expertise; Comment acknowledged. NAZB Section 10.31, SPGA findings to be met: a. The specific site is an appropriate location for such a use,structure or condition; The proposed construction is and accepted use in accordance with NAZB General Business zoning district. b. The use as developed will not adversely affect the neighborhood; The project provides appropriate building setbacks from the adjacent zoning districts. The character of the renovated building will reflect the architectural style of the surrounding buildings. c. There will be no nuisance or hazard to vehicles or pedestrians; The site currently shows two entrances along Osgood Street as previously recommended by DJK Engineering, traffic engineer, and this project will incorporate design standards reflective of Mass lEghway as well as providing the maximum circulation for the adjacent Treadwell's site plans located at 1025 Osgood Street. d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; The project is serviced by municipal water, sewer and utilities that adequately address the needs of the site. e. The special Permit Granting Authority shall not grant any Special Permit unless they make a specific fording that the use is in harmony with the general purpose and intent of this Bylaw. Given the nature of the proposed project and the understanding that the proposed uses are allowed by zoning, the project is in harmony with the general purposes and intent of Section 1 of the North Andover Zoning Bylaw. If you should have any questions, please contact me at(603) 893-0720. Sincerely, De ign Consult , Inc. stopher M. la, E.LT. Staff Engineer i RECEIVED Town of North Andover Planning Board U Application for Watershed Special Permit MoUldffi f�! AM- 2 Please type or print clearly. NORTH PID `} 1. Petitioner: 1003 Osgood Street,LLC I A S S A `� 4 Petitioner's Address: 160 Pleasant Street,N.Andover,MA 01845 Telephone number: (978)687-2783 2. Owners of the Land: 1003 Osgood Street,LLC Address: 160 Pleasant Street,N.Andover,MA 01845 Number of years of ownership: 1 Year t 3. Year lot was created: 1966 4. Description of Proposed Project: The previously approved project entails the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet (+/-) of professional office space and four renovated residential apartments. The renovation and addition to the existing structure has been designed to harmoniously integrate the new use with the existing building and surrounding landscape. The proposed Site Plan modification provides direct access between Map 35 Lot 50 and Map 35 Lot 20 by use of a shared driveway access, shared parking and rear driveway access providing circulatory movement of vehicles between lots. The site is a 3.20+/-acre parcel of land bounded by Osgood Street to the west, Treadwell's Ice Cream to the north,Lake Cochichewick to the east and the Stevens Estate at Osgood Hill to the south. a. Non-Disturbance Buffer Zone (Within 250' of Lake Cochichewick, and 100' of all wetland resource areas) 1. Limited construction of driveway, parking, retaining walls and associated grading required to provide appropriate site circulation,and;Renovation of the existing barn, See attached plan for specific details. (Use allowed by Special Permit—Section 4.135 par. 3c)No new buildings of any kind have been proposed within this zone. b. Non-Discharge Buffer Zone (Within 325' of Lake Cochichewick and all wetland resource areas) 1. Renovation/expansion of the existing farmhouse; Renovation of the existing barn. See attached plans for specific details. (Allowed use by Special Permit—Section 4.135 par. 3b(ii)) 2. Stormwater management including surface discharge and associated grading. (Allowed use by Special Permit—Section 4.135 par.3b(ii)) 5. Description of Premises: The site is improved with an existing farmhouse,barn, driveways and open fields. The primary use is residential,and the property contains approximately 3.20+/-acres. 6. Address of Property Being Affected 1003 Osgood Streets North Andover Zoning District: Business Two(B-2) Assessors: Map: 35 Lot# 50 Registry of Deeds: Book#: 9827 Page#: 188 7. Existing Lot: Lot Area(Sq.Ft) 3.20 Acres+/- BuildingHeight: 41'-6"+/-(barn) Street Frontage: 305'+/- Side Setbacks: 68' min. Front Setback: less than 10' Rear Setback: 320'+/- Floor Area Ratio: 0.07:1 approx. Lot Coverage: 7%+/- 8. Proposed Lot(if applicable): Lot Area(Sq.Ft) 3.20 Acres+/- Building Height: 41'-6"+/ (barn) Street Frontage: 305'+/- Side Setbacks: 64'min. Front Setback: Existing Rear Setback:320'to rear property line Floor Area Ratio: 0.30:1 Lot Coverage: Less than 35% 9. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) 25,000 Building Height 35' Street Frontage: 125' Side Setbacks: 40'from R-1 Boundary Front Setback: 30' Rear Setback: 45'from R-1 Boundary Floor Area Ratio: .30:1 Lot Coverage: 35% 10. Existing Building(if applicable): Ground Floor(Sq.Ft.) 5,250 sf+/- #of Floors: Three/Four,see plan Total Sq.Ft. 12,000 sf+/- Height 41'-6"+/-(barn) Use: Residential Type of Construction Wood frame 11. Proposed Building: Ground Floor(Sq.Ft.) 6,750 sf+/_ #of Floors: Three/Four,see plan Total Sq.Ft.18,000 sf (Including residential) Height 41'-6"+/-(barn) Use: Office/Residential Type of Construction Steel&Wood frame 12. Has there been a previous application for a Special Permit from the Planning Board on these premises? YES . If so,when and for what type of construction? January 12,2004 for a Site Plan&Watershed Special Permit for the renovation and reconstruction of the existing farmhouse and four renovated residential apartments and minor regarding of the existing field to accommodate a-youth soccer field. May 17, 2005 for a Site Plan & Watershed Special Permit Modification for the removal of the previously approved soccer field. 13. Section of Zoning Bylaw that Special Permit Is Being Requested: NAZB Section 4.136(Watershed Special Permit) NAZB Section 8.3(Site Plan Review Special Permit) NAZB Section 10.3(Special Permit Regulations) 14. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. Petitioner's Signature: Print or type name here: Joseph G.Levis— 1003 Osgood Street LLC Owner's Signature: Print or type name here: Joseph G.LevisZ r003�0sgood Street LLC 15. Please list title of plans and documents you will be attaching to this application. Site Development Plans for 1003 Osgood Street 1003 Osgood Street North Andover,MA 01845 Dated: August 10,2006 Prepared by: MHF Design Consultants,Inc. 103 Stiles Road,Suite One Salem,NH 03079 1 103 Stiles Road•Suite One-Salem,New Hampshire 03079 MHF Design Consultants, Inc. TEL(603)893-0720•FAX(603)893-0733 August 10, 2006 Mr. Richard Nardella North Andover Planning Board Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: 1003 Osgood Street Site Plan Special Permit Modification Dear Mr. Nardella: On behalf of 1003 Osgood Street, LLC, MHF Design Consultants, Inc. is pleased to provide the attached Site Plan Special Permit Modification application regarding the proposed construction at 1003 Osgood Street. The following is a brief description of the proposed site plan and the specific requirements as set forth in the North Andover zoning bylaws for attaining a site plan special permit. 1. Description of Proposed Project: The previously approved project entails the renovation and reconstruction of the existing farmhouse to accommodate 13,000 square feet(+/-) of professional office space and four renovated residential apartments. The renovation and addition to the existing structure has been designed to harmoniously integrate the new use with the existing building and surrounding landscape. The proposed Site Plan modification provides direct access between Map 35 Lot 50 and Map 35 Lot 20 by use of a shared driveway access, shared parking and rear driveway access providing circulatory movement of vehicles between lots. The site is a 3.20+/-acre parcel of land bounded by Osgood Street to the west, Treadwell's Ice Cream to the north, Lake Cochichewick to the east and the Stevens Estate at Osgood Hill to the south. 2. Description of Premises: The site is improved with an existing farmhouse, barn, driveways and open fields. The primary use is residential, and the property contains approximately 3.20+/- acres. �I Written Documentation: NAZB Section 8.3 (6) Site Plan Review—Review Criteria/Design Guidelines i) General a. Conformance with all appropriate provisions of the Zoning Bylaws: ENGINEERS PLANNERS SURVEYORS MHF Design Consultants, Inc. The proposed mix of office and residential uses are allowed by right in the Business Two (3-2)Zoning District. The project also conforms to all dimensional criteria listed in Section 7 and Table 2 (Summary of Dimensional Requirements)of the North Andover Zoning Bylaw. The existing building is a pre-existing non- conforming structure, and the proposed renovation and addition and will not increase the non-conformity of the structure, and is in full compliance with the dimensional criteria of the Zoning Bylaw b. Protection of abutting properties from detrimental site characteristics: The project provides appropriate building setback from the adjacent residential zones. The adjoining general business and industrially zoned properties will not be negatively impacted by the restoration/expansion of the existing farmhouse and barn. Environmental a. Protection of unique or important natural, historic or scenic features. The existing grades and mature vegetation located adjacent to the residential properties to the south will not be impacted, and will provide and appropriate natural buffer. b. Adequacy of proposed methods of refuse disposal. The proposed includes a disposal area with a six(6')foot solid wood fence enclosure that will handle the needs of the building. C. Ability of the proposed sewage disposal and water supply system within and adjacent to the site to serve the proposed use. The project will connect to the municipal water and sewer system available in Osgood Street. Sufficient capacity exists within the municipal system to accommodate the proposed project needs. d. Adequacy of proposed drainage system within and adjacent to the site to handle the increased runoff resulting from the development. A sub-surface drainage system is being proposed, and accommodates al increase runoff resulting form the development. Please refer to the previously submitted drainage report for additional information. MHF Design Consultants, Inc. e. Provision of adequate landscaping,including the screening of adjacent residential uses,provision of street trees,landscape island in the parking lots and landscape buffer along the street frontage. The site has been designed to maintain existing grades and vegetation throughout the property. Existing vegetation is comprised of mature mixed hardwoods, and provides a significant natural buffer between this property and the abutting residential use. E Adequacy of the soil erosion pian and any plan for protection of steep slopes both during and after construction. An erosion control plan has been provided as part of this submission. All proposed grades within landscape areas will not exceed 3:1, and all slopes will be stabilized both during and after construction. The Applicant will take particular care with respect to maintaining enhanced erosion and sedimentation controls to avoid impact to adjacent properties and the Lake Cochichewick Watershed. g. Protection of adjacent properties by minimizing the intrusion of lighting, including parking lot and building exterior lighting. Refer to lighting shown on Site Plan. Light poles will not exceed 8' in height and shall be residential in scale and design. h. The proposed development must not present a demonstrable adverse impact on the surrounding area resulting form excessive noise,dust,smoke, or vibration that are higher than levels now experienced from uses permitted in the surrounding areas. The proposed use is a professional office and residential building. There will be no long-term impact on the surrounding area from excessive noise, dust, smoke or vibration. Building Design a. Buildings shall be located with respect to setbacks placement of parking landscaping and entrances and exits with surrounding buildings and development. The proposed site plan conforms to the required building setbacks, and no conflict will exist between this site and the existing parking, landscape, entrance or exit of another adjacent use. �. =W MHF Design Consultants, Inc. b. The buildings shall relate harmoniously to each other in architectural style, site location and building exits and entrances. The existing farmhouse and barn will be renovated and expanded in a manner that respects the integrity of the original architectural style and detailing. C. Screening shall be provided for storage areas,loading docks, dumpsters, rooftop equipment, utility buildings and similar features. The proposed refuse area will be provided with a 6' solid wood fence enclosure. All mechanical, electrical and HVAC units have been located within the building an will not be visible, or create a nuisance, to surrounding properties. d. Electric, telephone, cable t.v. and other such lines and equipment must be placed underground. All utilities will be located underground as shown on the plan. e. Demonstrate that the scale, massing and detailing of buildings are compatible with those prevalent in the surrounding area. The farmhouse and barn are existing structures, and the addition will be designed to respect the scale and style of the original building. iv) Traffic/Parking a. The location and number of curb cuts shall be minimized to reduce turning movements, and hazardous exits and entrances. The location and number of curb cuts has been reviewed and is appropriate for the proposed use. b. Provision for access to adjoining properties shall be provided as appropriate. Easements are currently being sought with the adjacent lot, which provides a driveway and access easement for future site development on Map 3 5 Lot 20. C. Driveways shall be located opposite each other wherever possible. Driveways have been located to provide for the best available site distance along Osgood Street. For additional detail please refer to the previously submitted traffic repot prepared by DJK Associates, Inc. d. Internal circulation and egress shall provide for traffic safety, and access to MHF Design Consultants, Inc. and from minor streets servicing one family dwellings shall be minimized. Internal circulation has been designed to minimize conflicts between cars, truck and pedestrians. The connection with the 1025 Osgood Street property provides excellent circulation between both properties. This site does not provide direct or indirect access to minor streets servicing single-family dwellings. Applications for a special permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. Addressing each of the below points individually is required with this application: 1. Encouraging the most appropriate use of land; The proposed use is allowed by NAZB. 2. Preventing overcrowding of land; The proposed use is within the density requirements for the Business Two (B-2)zoning district. 3. Conserving the value of land and buildings; The value of land and buildings on and around the North Andover Business Two District will certainly be conserved(and increased), due to the quality of the site development and the quality of building materials proposed. 4. Lessoning congestion of traffic; See traffic study. 5. Preventing undue concentration of population; The design intent is to compliment the site relative to traffic arriving in North Andover along the Osgood Street corridor 6. Providing adequate light and air; Refer to lighting shown on Site Plan. 7. Reducing the hazards from fire and other danger; Proposed site to conform to Massachusetts building code along with North Andover site plan regulations. 8. Assisting in the economical provision of transportation,water, sewerage, schools, parks, and other public facilities; The proposed utilities will not place a burden on the Town's infrastructure. 9. Controlling the use of bodies of water, including watercourses; All site mitigation measures are consistent with D.E.P.'s Stormwater Management Policy. 10. Reducing the probability of losses resulting from floods; All site mitigation measures are consistent with D.E.P.'s Stormwater Management Policy. 11. Reserving and increasing the amenities of the Town; the site will generate a substantial amount of tax revenues to the Town which supports funding of various existing and new Town amenities. MHF Design Consultants, Inc. NAZB Section 10.31, SPGA findings to be met: a. The specific site is an appropriate location for such a use, structure or condition; As the property is zoned for office and residential use, the site is an appropriate location for the proposed use and structure. The site design compliments the surrounding uses and provided for sufficient traffic and circulation improvements, as well as sewer, water and other utilities. b. The use as developed will not adversely affect the neighborhood; The project provides appropriate building setbacks from the adjacent zoning districts. The character of the renovated building will reflect the architectural style of the surrounding buildings, and is well suited for its proposed location. c. There will be no nuisance or hazard to vehicles or pedestrians; The site currently shows two entrances along Osgood Street as previously recommended by DJK Engineering, traffic engineer, and this project will incorporate design standards reflective of Mass Highway as well as providing the maximum circulation for the adjacent Treadwell's site plans located at 1025 Osgood Street. d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; The project is serviced by municipal water, sewer and utilities that adequately address the needs of the site. e. The special Permit Granting Authority shall not grant any Special Permit unless they make a specific fording that the use is in harmony with the general purpose and intent of this Bylaw. Given the nature of the proposed project and the understanding that the proposed uses are allowed by zoning, the project is in harmony with the general purposes and intent of Section 1 of the North Andover Zoning Bylaw. If you should have any questions, please contact me at(603) 893-0720. Sincerely, MHF Design C nsultants, Inc. Vistophei-M. Tyyy/ula,. JEE.I.T. Staff Engineer w rl See Section 8.3 of the North Andover Zoning Bylaw for more detailed information 2006KO Town of North Andover P1ann'm%,Boad r.VPae y A" t*' for A '�e � ecxAm ��� � � 'rWGaio Please type or print clearly: 1. Petitioner: 1003 Osgood Street,LLC Address: 160 Pleasant Street,N.Andover,MA 01845 Telephone Number: (978) 687-2783 2. Owners of the Land: : 1003 Osgood Street,LLC Address: 160 Pleasant Street, N.Andover,MA 01845 Telephone Number: X978) 687-2783 Number of years ownership: 1 Year f If applicant is not the owner, please state interest in property: 3. Request for a Special Permit under Section 8.3_& 10.3 of the North.Andover Zoning Bylaw to Revise the location of the northeast driveway while combining site circulation and shared parking with the proposed Site Development Plans for 1025 Osgood Street. 4. Location of Property: 1003 Osgood Street Zoning District: Business Two (B-2) Assessors: Map: 35 Lot# 50 Registry of Deeds: Book#: 9827 Page# 188 5. Existing Lot: Lot Area (Sq. Ft) 3.20 Acres+/- BuildingHeight 41'-6"+/-(barn) Street Frontage: 305' +/- Side Setbacks: 68' min. Front Setback: less than 10' Rear Setback: 3201 +/- Floor 20' +/-Floor Area Ratio: 0.07:1 approx. Lot Coverage: 7%+/- 6. Proposed Lot(if applicable): Lot Area(Sq. Ft) 3.20 Acres+/- Building Height 41'-6"+/-(barn) Street Frontage: 305' +/- Side Setbacks: 64' min. Front Setback: Existing._ Rear Setback:320' to prop. line Floor Area Ratio: 0.30:1 Lot Coverage: Less than 35% 7. Required Lot(as required by Zoning Bylaw); Lot Area(Sq. Ft) 25,000 Building Height 35' Street Frontage: 125' Side Setbacks: 40' from R-1 Boundary Front Setback: 30' Rear Setback: 45' from R-1 Boundary Floor Area Ratio: .30:1 Lot Coverage: 35% 8. Existing Building(if applicable): Ground Floor (Sq. Ft.) 5,250 sf+/- #of Floors: Three/Four, see plan Total Sq. Ft._ 12,000 sf+/- Height 41'-6"+/- (barn) Use: Residential Type of Construction Wood frame 9. Proposed Building: Ground Floor (Sq. Ft.) 6,750 sf+/- #of Floors:Three/Four, see plan Total Sq. Ft.18,000 sf (Incl. Res.) Height 41'-6" +/- (barn) Use: Office/Residential Type of Const. Steel& Wood frame 10. Has there been a previous application for a Special Permit from the Planning Board on these premises? YES . If so,when and for what type of construction? January 12,2004 for a Site Plan &Watershed Special Permit for the renovation and reconstruction of the existing farmhouse and four renovated residential apartments and minor regarding of the existing field to accommodate a youth soccer field. May 17,2005 for a Site Plan &Watershed Special Permit Modification for the removal of the previously approved soccer field. 11. Petitioner and Landowner signature(s): Every application fora Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. Petitioner's Signature: Q�e-zr:g- Print or type name her . Jose h G. Levies?— 1003 Osgood Street LLC Owner's Signature: Print or type name here: : Joseph G. Levis— 1003 Osgood Street,LLC