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Home My WebLink AboutMiscellaneous - 1025 OSGOOD STREET Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1308 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1 Applicant: forms on the Grasso Construction, LLC c/o John Grasso computer, use Name only the tab key to move 865 Turnpike Street your cursor- Mailing Address do not use the North Andover MA 01845 return key. City/Town State Zip Code Q2. Property Owner(if different): Great Pond Crossing, LLC Name 865 Turnpike Street Mailing Address North Andover MA 01845 City/Town State Zip Code B. Authorization The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on: September 14, 2005 Date for work at: 1025 Osgood Street Map 35 Parcel 20 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex North 10362 194 County Book Page Certificate(if registered land) is hereby extended until: September 14, 2010 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): September 14,2009 Date Issued by: North Andover 9 gid J 6 y Conservation Commission Dates wpaform7.doc•rev.1/07 Page 1 of 3 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 7 - Extension Permit for Orders of Conditions 242-1308 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office(see http://www.mass.aov/der)/about/region/findvour.htm). Signatures: r otary Acknowledgement Commonwealth of Massachusetts County of Essex North On this /0of S`ep7-, Day Month Year Before me, the undersigned Notary Public, personally appeared 6m/7 Name of Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town Signature of Notary Public Printed Name of Notary Public 7/, 5 Place notary seal and/or any stamp above My co 001N�hK1�; GE 1 1MOFWfIfA�p�CTIs M�rCewa sonJ*u,sats wpafarm7.doc•rev.1/07 - Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1308 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant,prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit, To: North Andover Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 1025 Osgood Street 242-1308 Project:Location DEP File Number has been recorded at the Registry of Deeds of: Essex North County, for: Property owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform7.doc•rev.1/07 Page 3 of 3 Town of North Andover ZONING BOARD OF APPEALS Albert P.AIanzi 1II Esq. Chairman 7 Ellen P.McIntyre Vice-Chairman f 14ORTy q Richard 1.Byers,Esq. Clerk " 2OZ3FEB 20 19 Joseph D.LaGaasse C OL David R.Webster A Assodate Members Thomas D.Ippolita Richard M.V aillancourt Daniel S.Braese,Esq. �SSAC14U Town Clark Time Stamp Legal Notice North Andover,Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearinI in the Meeting Room of Town Hall, 120 Main Street,North Andover,MA on Tuesday the 11 of March, 2008 at 7:30 PM to all parties interested in the application of Great Pond Crossing,LLC, 865 Turnpike Street,for premises at: 1005-1025 Osgood Street(Map 35, Parcel 20),North Andover,MA requesting a Special Permit from Section 6,Paragraph 6.6.D.2 of the Zoning Bylaw in order to construct a permanent ground sign greater than the maximum 25 square feet and maximum 8 foot height. Said premise affected is property with frontage on the South side of Osgood Street within the GB zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover,MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle-Tribune on February 25 &March 3, 2008. Legalnotice 2008-003. M35P20. 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com t "9EC��!E "PLO , a" - ,� o Town of North Andover OtF�r #� � l� Office of the Planning Department Community Development and Services Diviir�E ' ��Ssgck��s�s5 400 Osgood Street TO North Andover, Massachusetts 01845 N0RT1i A 40 ' � ., 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: September 6, 2006 Date of Hearing: July 18, 2006, August 15, 2006, and September 5, 2006 Date of Decision: September 5, 2006 Petition of: Hearthstone Realty Corporation 28 Andover Street, Andover, MA 01810 Premises Affected: 1025 Osgood Street, North Andover, MA 01845, within the General Business Zoning District,Assessors Map 35,Lot 20. Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3,and 10.31 and MGL C.40A, Sec. 9 So as to allow: to construct a 15,228 s.f. retail and office building, 100 parking spaces, creation of a driveway and parking easement, extensive grading work and landscaping within the General Business Zoning District. After a public hearing given on the above date, the Planning Board voted to APPROVE A SITE PLAN SPECIAL PERMIT based upon the following conditions: North And ver Planning Board John Simons, Vice Chairman Alberto Angles, Clerk Jack Green Jennifer Kusek Richard Rowen, Alternate cc: Town Departments Applicant Engineer Abutters 1025 Osgood Street, Map 35 Lot 20 Site Plan Special Permit -Phase II September 5, 2005 The Planning Board herein approves the Site Plan Special Permit for the construction of 15,288 s.f. retail building, 100 total parking spaces, drainage system network, extensive grading and landscape work. The Site Plan further includes the creation of a "Parking and Driveway Easement" located on easterly property line of the abutting parcel 1003 Osgood Street, Map 35, Lot 50. The purpose of which is to create a combined access road into both properties and 9 parking spaces. The building is located on 1025 Osgood Street, Map 35, Lot 20 in the General . Business (GB) Zoning District. The project is a continuation of the Phase I renovation and expansion of the Treadwell's Ice Cream approved by the Planning Board on March 16, 2005. This Special Permit was requested by Hearthstone Realty Corporation of 28 Andover Street, Andover, MA 0 18 10. Access and egress from the site will be from Great Pond Road and Osgood Street. The purpose of the proposed project is to construct Phase II of Treadwell's. This Special Permit was requested by Hearthstone Realty Corporation located at 28 Andover Street, Andover, MA 01810. The application was filed with the Planning Board on June 23, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9 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 General Business Zone and involves the construction of a retail building. The project is located within an extremely environmental sensitive 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 Cochichewick and the safety and welfare of the residents of North Andover. 2) There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that (1) the proposed access and egress point from Great Pond Road and Osgood Street will not significantly increase traffic flow or volumes and (2) the parking design provides for adequate traffic flow, safety, and sufficient pedestrian connections throughout the project. Nine (9) of the 100-parking spaces located on the southerly portion of the property shown on Sheet 3 labeled "9 Future Parking Spaces If Needed (Loam and Seeded)" have been designed and engineered, but will be constructed at a future date. Said parking space will be graded, loamed, and seeded in accordance with the approved plans until at such time parking needs require additional parking spaces on the site to be constructed. 3) The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw. 4) The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices, and has been reviewed by the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. 2 1025 Osgood Street, Map 35 Lot 20 Site Plan Special Permit -Phase II September 5, 2005 (VHB). Refer to letters October 13, 2005, August 31, 2006, and September 8, 2006 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. 5) 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. 6) A Water Quality Testing program for the site has been incorporated as part of this decision. 7) An Emergency Response Plan has been incorporated as part of this decision. 8) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 9) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will provide Town water, sewer, and utilities on the property to adequately address the needs of the project and has been reviewed by the Division of Public Works and the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. 10)The terms, conditions, and plans referenced in this Special Permit shall render all previously approved Site Plan Special Permits for 1025 Osgood Street, Phase II null and void. 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, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: Permit Definitions: i) The"Locus"refers to the 77,645 sf parcel of land with land fronting on Osgood Street as shown on Assessors Map 35, lot 20, and also known as 1025 Osgood Street, North Andover, Massachusetts. ii) The"Parking and Driveway Easement"refers to a parking area consisting of nine(9) total parking spaces, a 10' x 10' concrete pad for two dumpsters with fenced in enclosures and Cape Cod berms, and an access/egress roadway located on easterly property line of the abutting parcel 1003 Osgood Street, Map 35, Lot 50 as shown on Sheet 3 of 8 labeled"Proposed Parking And Driveway Easement"on the site plans referenced in this decision. The purpose of the permanent easement is for the mutual benefit of both properties for the access and egress by foot or by means of vehicle and vehicular parking. 3 1025 Osgood Street, Map 35 Lot 20 Site Plan Special Permit-Phase 11 September 5, 2005 ii) The"Plans" refer to the plans prepared by MHF Design Consultants dated January 28, 2005, August 18, 2005,revised August 16, 2006 entitled"Site Development Plans for Treadwell's Redevelopment, 1025 Osgood Street,North Andover, Massachusetts 01845" and consisting of sheets 1 through 8. iii) The "Project"or"1025 Osgood Street" refers to the development of 15,288 square feet of retail space, one hundred (100)parking spaces, and associated grading and extensive landscaping work. Nine(9) of the 100 total parking spaces located on the southerly portion of the property shown on Sheet 3 labeled"9 Future Parking Spaces If Needed(Loam and Seeded)"have been designed and engineered,but will be constructed at a future date. Said parking space will be graded, loamed, and seeded in accordance with the approved plans until at such time parking demands require additional parking spaces be constructed. 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 as referenced below. iv) The "Applicant"refers to Hearthstone Realty Corporation, 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 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 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 4th 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. 4 1025 Osgood Street, Map 35 Lot 20 Site Plan Special Permit - Phase II September 5, 2005 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. Failing submission of required final plans within 90 days will render this Special Permit null and void. B) The applicant will submit "Parking and Driveway Easement" document detailing the location, purpose, and responsibilities of each party for the easement located on 1003 Osgood Street, Map 35, Lot 50 for review and approval by the Planning Board. The language of the easement shall address the installation and maintenance of the easement by both parties. Upon approval, the applicant will record executed easement documentation at the Northern Essex Registry of Deeds and provide a copy of said recording to the Planning Department. C) If applicable, the applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for construction of the site to the Planning Department. 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, Planning Department, and Conservation Department to discuss scheduling of inspections and inspections to be conducted on the project. F) The developer shall provide the Planning Board with copies of permits, plans and decisions received from the Conservation Commission. Should the Town Planner find that plans approved by the Conservation Commission substantially differ from the 5 1025 Osgood Street, Map 35 Lot 20 Site Plan Special Permit-Phase 11 September 5, 2005 approved plans of the Planning Board, the developer is required to present the changes through a public hearing to the Planning Board for modification to site plan approval. G) A site opening/erosion control bond shall be in the total amount of ten thousand dollars ($10,000) for the purpose of covering any contingencies that might affect the public welfare such as site opening, clearing, erosion control and performance of any other condition contained herein. The Guarantee shall be in the form of a bond acceptable to the Town and made payable to the Town of North Andover escrow account. Upon fulfilling the requirements under said bond, the said bond amount will be rolled over to Condition 4(H). H) A bond in the amount of ten thousand dollars ($10,000) must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces, topography, and drainage facilities are submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond should be in the form acceptable to the Town and made payable to the Town of North Andover escrow account. I) A bond in the amount of five thousand dollars ($5,000.00)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 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 6 10250s'good Street, Map 35 Lot 20 Site Plan Special Permit - Phase II September 5, 2005 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. D) 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 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. 7 1025 Osgood Street, Map 35 Lot 20 Site Plan Special Permit-Phase II September 5, 2005 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 beprovided from m 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. F) No restaurant other than the proposed"cafe"will be constructed on the site. 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 structures and facilities must be submitted to the Planning Department. The applicant must submit a letter from the architect and engineer of the project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 9) General conditions: A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die must be replaced by the project owner in perpetuity. B) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. C) Snow removal may be stored on the designated storages areas shown on said plans referenced below to the extent possible, but must be trucked off site whenever snow exceeds on-site storage capacity. D) Should the Project Owner transfer ownership of the project and/or property, the buyer shall meet withh the PlanningBoard to provide an update on the status of the project. p P p J 8 1025 Osgood Street, Map 35 Lot 20 Site Plan Special Permit -Phase II September 5, 2005 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) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. H) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. I) No underground fuel storage shall be installed. 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) Depending on the allowed uses, the Planning Board reserves the right to modify the form and frequency of water quality and maintenance testing and inspection. L) 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. M) Depending on the allowed uses, the Planning Board reserves the right to modify the form and frequency of water quality and maintenance testing and inspection to ensure the continued protection of Lake Cochichewick. N) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the developer must submit revised plans to the Planning Board for approval. O) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit (September 5, 2006), 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 the construction of Phase II AND has installed 100% of the designed drainage system. 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. P) Upon the determination by the Planning Board that the developer has undertaken substantial use or construction of Phase II, the Site Plan Review Special Permit and 9 } 1025 Osgood Street, Map 35 Lot 20 Site Plan Special Permit -Phase II September 5, 2005 Watershed Special Permit approved on March 16, 2005 for Phase I of this project shall be rendered null and void. Q) The applicant must comply with the conditions set forth in the Watershed Special Permit approved on September 5,2006 related to Phase II of this project. R) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1) Plan titled: Site Development Plans for Treadwell's Re-Development 1025 Osgood Street,North Andover,Massachusetts 01845. Prepared for: Hearthstone Realty Corp. 28 Andover Street Andover,MA 01810 Prepared by: MHF Design Consultants,Inc. 103 Stiles Road, Suite One Salem,NH 03079 Scale: 1"=20' Date: January 28,2005,Revised October 18,2005,August 16,2006 Sheets: 1 —8 2) Report: Storm Water Management Drainage Calculations &Best Management Practices Prepared for: Hearthstone Realty Corp. Prepared by: MHF Design Consultants,Inc. 103 Stiles Road, Suite One Salem,NH 03079 Date: June 21,2006 3) Elevations: Hearthstone Realty Corp. Osgood Street—Concept Elevations Prepared by: Maugel Architects Inc. Harvard,MA Date: April,2006 cc: Director of Public Works Building Inspector Town Manager " Conservation Administrator ` e F = C) Drainage Consultant Planning Board ' t. Police Chief Fire Chief Applicant Engineer File 10 NORTiy iP E Eo Town of North Andover TS'� , r '� Office of the Planning Department Community Development and Services I ivisiPM 4. 29 pp r �9S CH q, <h� 400 Osgood Street T 0'41 F SACHUS� s�a s North Andover,Massachusetts 01845 NORTi MASS AMTUISET 1,7 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: September 6,2006 Date of Hearings: 7/18/06, 8/15/06, & 9/5/06. Date of Decision: September 5, 2006 Petition of: Hearthstone Realty Corporation 28 Andover Street, Andover,MA 01810 Premises Affected: 1025 Osgood Street, North Andover, MA 01845, within the General Business Zoning District,Assessors Map 35,Lot 20. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136. So as to allow: to construct a 15,228 s.f. retail and office building, 100 parking spaces, creation of a driveway and parking easement, extensive grading work and landscaping in the General, Non-Disturbance and Non-Discharge Zones of the Watershed Protection District("Phase II"). After a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District, based upon the following conditions: Planning Board John Simons, Vice Chairman Alberto Angles, Clerk Jack Green Jennifer Kusek Richard Rowen, Alternate cc: Town Departments Applicant Engineer Abutters Assessor 1025 Osgood Street,Map 35 Lot 20 Watershed Special Permit-Phase II September 5, 2006 The public hearing on the above referenced application was opened July 18, 2006 closed by the North Andover Planning Board on September 5, 2006. Chris Tamula, MHF Design Consultants, appeared on behalf of the petitioner Hearthstone Realty Corp. On September 5, 2006 upon a motion made by John Simons and seconded by Richard Rowen to GRANT a Watershed Special Permit to construct a 15,288 s.f, retail building, 100 total parking spaces, drainage system network, extensive grading and landscape work in the General, Non- Disturbance, and Non-Discharge Zones of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. The plan further includes the creation of a "Parking and Driveway Easement" located on easterly property line of the abutting parcel 1003 Osgood Street, Map 35, Lot 50. The purpose of which is to create a combined access road into both properties and 9 parking spaces. The project is a continuation of the Phase I renovation and expansion of the Treadwell's Ice Cream approved by the Planning Board on March 16, 2005. This Special Permit was requested by Hearthstone Realty Corporation of 28 Andover Street, Andover, MA 01810 on June 23, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. 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 motion by a vote of 4-0 A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision specifically stated by the Planning Board makes 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 entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The existing structure is connected to the Town sewer and water systems. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to construct the proposed addition. Grading and the construction of the parking area are located outside the 50-foot Conservation No-Build Zone. 2 1025 Osgood Street, Map 35 Lot 20 Watershed Special Permit-Phase II September 5,2006 e) Certification has been provided by a registered professional engineer and further verified by the Town's consulting engineer, Vanasse, Hangen Brustlin, Inc. (VHB) that the building and parking area were designed using Best Management Practices and that project will not have an effect on the quality or quantity of runoff entering the watershed protection district. Refer to letters dated October 13, 2005, August 31, 2006, and September 8, 2006 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. f) The construction has been reviewed by Town Staff and the Town's consulting engineer, VHB, and with the application of the erosion control measures and modifications to the drainage and stormwater management designs, there will be no degradation to the quality 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 Engineering and Management Practices, and has been reviewed by the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. (VHB). Refer to letters dated October 13, 2005, August 31, 2006, and September 8, 2006 from VHB. g) The Water Quality Testing and an Emergency Response Plan program required by the Site Plan Special Permit approved on September 5, 2006 have been incorporated into this decision by reference. 2. There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge, structure or activity. 3. The terms, conditions, and plans referenced in this Special Permit shall render all previously approved Watershed Special Permits for 1025 Osgood Street, Phase II null and void. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) 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 affect the neighborhood as the lot is located in a General Business zoning district. The project is located within an extremely environmental sensitive 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 Cochichewick and the safety and welfare of the 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 and egress point from Great Pond Road and Osgood Street will not significantly increase traffic flow or volumes and(2)the parking design provides for adequate traffic flow, safety, and sufficient pedestrian connections throughout the project. Nine (9) of the 100 parking spaces located on the southerly portion of the property shown on Sheet 3 labeled "9 Future Parking Spaces If Needed (Loam and Seeded)" have been designed 3 1025 Osgood Street,Map 35 Lot 20 Watershed Special Permit-Phase 11 September 5,2006 and engineered, but will be constructed at a future date. Said parking space will be graded, loamed, and seeded in accordance with the approved plans until at such time parking needs require additional parking spaces on the site to be constructed; 4) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will provide Town water, sewer, and utilities on the property to adequately address the needs of the project and has been reviewed by the Division of Public Works and the outside consulting engineer, Vanasse, Hangen Brustlin, Inc.; 5) The existing lot conforms to the minimum lot area requirements for a lot within the General Business District as shown in Table 2 of the North Andover Zoning By-laws. 6) 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. 7) The siding, materials used, and architectural style for the retail office building per elevations submitted. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: a) The"Locus"refers to the 77,645 sf parcel of land with land fronting on Osgood Street as shown on Assessors Map 35, lot 20, and also known as 1025 Osgood Street,North Andover, Massachusetts. b) The"Plans" refer to the plans prepared by MHF Design Consultants dated January 28, 2005, August 18, 2005, revised August 16, 2006 entitled"Site Development Plans for Treadwell's Redevelopment, 1025 Osgood Street, North Andover, Massachusetts 01845" and consisting of sheets 1 through 8. c) The "Project"or"1025 Osgood Street"refers to the development of 15,288 square feet of retail space, one hundred(100) parking spaces,and associated grading and extensive landscaping work. Nine(9) of the 100 total parking spaces located on the southerly portion of the property shown on Sheet 3 labeled"9 Future Parking Spaces If Needed (Loam and Seeded)"have been designed and engineered, but will be constructed at a future date. Saidarkin p g space will be graded, loamed, and seeded in accordance with the approved plans until at such time parking demands require additional parking spaces be constructed. 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 as referenced below. d) The "Applicant"refers to Hearthstone Realty Corporation, the applicant for the Special Permit. 4 1025 Osgood Street,Map 35 Lot 20 Watershed Special Permit-Phase II September 5, 2006 e) 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. 2) 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. This Watershed Special Permit may only be used in conjunction with the Site Plan Special Permit for these same premises (Phase II) approved September 5, 2006. 3) Prior to issuance of a building permit: a) A performance guarantee bond of three thousand dollars ($3,000.00)made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein 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) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. c) One certified copy of the recorded decision must be submitted to the Planning Department. d) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. Weekly inspections of all erosion control measures will be completed by the designated independent Environmental Monitor and incorporated into the weekly reports as part of Special Condition (1) of the approved September 5, 2006 Site Plan Review Special Permit for Phase II. e) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 4) Prior to 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 storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted 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 must by a majority vote make a finding that the site is in conformance with the approved plan. c) The approved Emergency Response Plan and Maintenance Procedures and Water Quality Testing Program required under Special Conditions 5(D) and 7(D) respectfully of the September 5, 2006 Site Plan Special Permit shall be submitted to the Planning Department. 5 1025 Osgood Street,Map 35 Lot 20 Watershed Special Permit- Phase II September 5,2006 5) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plans referenced in Special Condition#12. 6) The applicant must comply with the conditions set forth in the Site Plan Review Special Permit approved on September 5, 2006 and the Conservation Commission Order of Conditions related to Phase II of this project. Upon the determination by the Planning Board that the developer has undertaken substantial use or construction of Phase II, the Watershed Special Permit for Phase I approved on March 16, 2005 for this project shall be rendered null and void. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) 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. 10)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. 11)This Special Permit approval shall be deemed to have lapsed September 5, 2008 (two years from the date of issuance) 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. 12)This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Site Development Plans for Treadwell's Re-Development 1025 Osgood Street,North Andover, Massachusetts 01845 Prepared for: Hearthstone Realty Corp. 28 Andover Street Andover, MA 01810_ Prepared by: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem,NH 03079 Scale: I"=20' Date: January 28, 2005, Revised October 18,2005, August 16, 2006 Sheets: 1 —8 6 1025 Osgood Street,Map 35 Lot 20 Watershed Special Permit-Phase II September 5,2006 b) Report: Storm Water Management Drainage Calculations &Best Management Practices Prepared for: Hearthstone Realty Corp. . Prepared by: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem,NH 03079 Date: July 6, 2005 cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File ZE V t cn -0 �=t _A ,. a CO 'rn r _ IIS 7 o, o f TOWN OF NORTH ANDOVER SPECIAL `' ZONING BOARD OF APPEALS PERITE P' NAME ADDRESS OF APPEAL ;c r stem Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. Petitioner will complete items that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delibers.the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or-be l as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP S: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch.40A sec. 17,within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1) original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS. of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds,384 Merrimack Office, and the 10 Xerox copies will be left with the St., Lawrence MA 01843, and shall complete the Zoning Board of Appeals secretary. Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev.S Services Town Hall 1600 Osgood Street 120 Main Street F Building 20, Suite 2-36 North Andover, Massachusetts 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9566 Assessor's Office 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 FEB '14 GVW �L) — d PAGE 2 OF 4 Date&Time i Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT Please complete alt' terve 1-10 be 1. Petitioner: *Name, *Address and telephone number: �( S Q0t CQ0SSING �4(S �uR �t *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: r X 1%) 0 G<c sc T Years Owned Land: 3. Location of Property: a. Street: /004 - i 09,� 0 s rrt D D -19T Zoning District: C A b. Assessors: Map Number 3 S Lot Number: "20 c. Registry of Deeds: Book Number lo466 Page.Number: 79 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: 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, section 9 of this application. J Page 3 of 4 0 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT r 6A. Existing Lot(s): Minimum Lot Setback i Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 4 6B. Proposed Lot(s): Frontage Parking Minimum Lot Setback Lot Area Open Space Percent Lot Feet g Spaces Front Side A Side 6 Rear Sq. Ft. Sq. Ft. Coverage f o� F 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Frontage Parking Minimum Lot Setback Lot Area Open Space Percent Lot g Fron Side A Side B ReX F Sq. Ft. Sq. Ft. Coverage F �p p4 i 7A. Existing Building(s): Number Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* of Units i I *Reference Uses from the Zoning Bylaws&Table 1. *"State number of units in building. F 7B. Proposed Building(s): i Use of Number Ground Floor Number of Total "* Square feet Floors Sq.feet Building* of Units +{ L j C ICIl *Ref ence Uses from the Zoning Bylaws&Table 1. *"State number of units in building. 8. Petitioner and Landowner signature(s): Appeals. Every Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of ponsibility of the petitioner to furnish all supporting application shall be filled with the Town Clerk's Office. It shall be the res 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/*9-Z6Vin Boar of this application as incomplete. Signature R.0 Type above name(s) here ' PAGE 4 OF 4 SPECIAL PERMIT S. WRITTEN DOCUMENTATION H) One(1)Mylar,with one block for Registry Use Application for a Special Permit must be supported by a Only, and one block for five(5)ZBA signatures and legibly written or typed memorandum setting forth in date. detail all fads relied upon. When requesting a Special III) Plan shall be prepared, stamped and certified by Permit from the requirements of MGLA ch. 40A, and the a Registered Professional Land Surveyor. Please North Andover Zoning By-laws, all dimensional note that plans by a Registered Professional Engineer, requirements shall be clearly identified and factually Registered Architect, and/or a Registered Landscape supported. All points, 1-6,are required to be Architect may be required for Major Projects. addressed with this application. *10 C. *Required Features On Plan: I) Site Orientation shall include: 1.The particular use proposed for the land or structure. 1. north point 2.The specific site is an appropriate location for such 2. zona district(s) n9 use, structure or condition. 3. names of streets 3.There will be no nuisance or serious hazard to 4. wetlands(if applicable) vehicles or pedestrians. 5. abutters of property,within 3D0'radius 4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'from applicants proposed structure 5.The use is in harmonywith the purpose and intent o 7. deed restrictions easements. p rp f t , Zoning Bylaw. II) Legend&Graphic Aids shall include: 6.Specific reference and response to the criteria 1. Proposed features in solid lines&outlined in red required by the particular Special Permit for which 2. Existing features to be removed in dashed lines this application is made(i.e.the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LANDappl ,owner of record, and land surveyor. Each application to the Zoning Board of Appeals shall a 7. Logs. be accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted with this application to the Town Minorro Clerk's Office and ZBA secretary at least thirty(30)days p lam,such as decks,sheds, and garages, prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with appeals. an. asterisks(*). In some cases further information may be required A set of building elevation plans by a Registered Architect may be required when the application 11. APPLICATION FILING FEES involves new construction/a conversion/and/or a A. Ndifrcation fees:Applicant shall provide a proposed change in use. check or money order to:`Town of North Andover for the cost of first class, certified,return receipt($5.21 as 10 A. Major Projects of May 2007)x#of all parties in interest identified in MGLA ch.40A§11 on the abutter's list for the legal Major projects are those,which involve one of the notice check. Also,the applicant shall supply first class following whether existing or proposed: postage stamps(currently 41¢)x the#of parties of 1)five or more parking spaces, interest on the abutter's list for the decision mailing. H)three(3)or more dwelling units, B. Mailing labels:Applicant shall provide four(4) IM 2000 square feet of building area. sets of mailing labels no larger than 1"x2-5/8' (3 copies i for the Legal mailing and one copy for the Decision Major Projects shall require that in addition to the above mailing). features, plans must show detailed utilities, soils, and C. See 2005 Revised Fee Schedule. topographic information. I1>W A Special Permit once granted by the Z13A will *10. B.*Plan Specifications: lapse in 2(two)years if not exercised and a new P Size of plan: Ten (10) paper copies of a plan not petition must be submitted. ®® to exceed 11°x1 T, preferred scale of 1 11=40' NOFTq Zoning Bylaw Review Form Town Of North Andover Building Department 1600 Osgood Street, Building 20, Suite 2-36 y;a^who , North Andover MA. 01845 SswcausEt Phone 978-688-9545 Fax 978-688-9542 Street: 1025 Osgood Street Ma /Lot: 35/20 Applicant: Great Pond Crossing,LL4 Request: Ground sign larger than allowed Date: 2-14-08 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: GB Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 2 Frontage Complies X 3 1 Lot Area Complies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies NA 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies NA 3 Left Side Insufficient 3 Preexisting Height 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 NA D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed X j Sign 3 Lot prior to 10/24/94 X 1 Sign not allowed X 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 X 2 Parking Complies NA 3 Insufficient Information Remedy for the above is checked below. Item# Special Permits Planning Board Item# Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit J-1 Special Permit ZBA Sign Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2Nu Unit R-6 Density Special Permit Special Permit Pre-existing,Non- Conforming Watershed Special Permit Supply Additional Information 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 DENIAL. 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 all plans and documentation for the abov le.You must file a new building permit application forth and begin the permitting process. Nu7mgDepartment Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Y A 4 7 d ' evt�w IfS far lertlal Bylaw Reflemlrl ,a.. ,aE+r ' .i J-1 A Special Permit from Section 6,Paragraph 6.6.D.2 is required from the Zoning Board of Appeals per: "One(1)permanent ground sign of not more than twenty-five(25) square feet in area and extending not more than eight(8)feet above ground level. Larger or taller signs may be allowed by Special Permit of the Board of Appeals,if said Board determines that the particular sign will not be incongruous with the district in which it is to be located nor injurious to traffic and safety conditions therein(1998/31)."is required for the proposed ground sign. Referred To: Fire Health Police X Zoning Board of Appeals Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT. MGL 40A,Section t i 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 OSGOOD PROPERTIES,LLC 865 TURNPIKE STREET,NORTH ANDOVER,MA 0184: Abutters Properties Map Parcel Name Address 35 20 Great Pond Crossing,LLC 865 Turnpike Street,2nd FI,North Andover,MA 01845 35 50 Osgood Properties, LLC 865 Turnpike Street,North Andover,MA 01845 35 44&23 Town of North Andover 120 Main Street,North Andover,MA 01845 Lake Cochichewick Commonwealth of,MA 100 Cambridge Street,Boston,MA 02202 35 29 Tiam Realty,LLC 7 Ridge Hill Way,Andover,MA 01810 35 19 Willaim Chepulis 1018 Osgood Street,North Andover,MA 01845 35 16 Lawrence Airport Commission 492 Sutton Street,North Andover,MA 01845 35 27 Angus Realty Corp. 1077 Osgood Strdet,North Andover,MA 01845 74 6-1,6-3,6-4 Landers Family Trust 40 Court Street,North Andover,MA 01845 74 6-2 Dennis Drinkwater 13 Old Salem Path.Magnolia,MA 01930 74 5 John Ferreria 980 Osgood Street,North Andover,MA 01845 This certifies that the names appearing on the records of the Assessors ffice as of Certified y: Date / vdf � � c { � t ri� rpt, r �� th�� ✓rur�R�o-ty s �f��A ��;Y r�'+r�tJ� 5 �aa. .��,?' ��a vS v r '�' g� a E 1;R DI , U13LIC "E"S MORTGAGE LENDING FF ' k py14 " "'ti St MUM ,y�D�yEc Ytl cyypp�oymfr.ey�,, s ♦Rt+�R�Y+�"lLi4 4x��rwv�gaPii �'�I� 4 , i y . , w 4 , w y 1 I s gqg r, gg 4(} y yy I d I § a 7 � c eaipcnCi _ G peat Pond Crossing ill 10117/07 Willard see above _ 97$-475-5400ext, 101 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) 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." Subject Property. MAP PARCEL Name Address 35 20 GREAT POND CROSSING LLC 865 TURNPIKE STREET,NORTH ANDOVER,MA 0184: Abutters Properties Map Parcel Name Address 35 47 Fourzol,llc 1070 Osgood Street,North Andover,MA 01845 35 50 Osgood Properties, LLC 865 Turnpike Street,North Andover,MA 01845 35 44&23 Town of North Andover 120 Main Street,North Andover,MA 01845 Lake Cochichewick Commonwealth of MA 100 Cambridge Street,Boston,MA 02202 35 29 Tiam Realty,LLC 7 Ridge Hill Way,Andover,MA 01810 35 19 Willaim Chepulis 1018 Osgood Street,North Andover,MA 01845 35 16 Lawrence Airport Commission 492 Sutton Street,North Andover,MA 01845 35 27 Angus Realty Corp. 1077 Osgood Street,North Andover,MA 01845 74 6-1,6-3,6-4 Landers Family Trust 40 Court Street,North Andover,MA 01845 74 6-2 Dennis Drinkwater 13 Old Salem Path.Magnolia,MA 01930 74 5 John Ferreria 980 Osgood Street,North Andover,MA 01845 35 27 Angus Realty Corp. 1077 Osgood Street,North Andover,MA 01845 This certifies that the names appearing on the records of the Assessor Office as of — -4 Certified by. Date .45� , P). 15535 TAM OF SOMO AROM ATIONS — 2 DESCRIPTIQN V1 LIMIT" APw � 44•� \ r Wr CLARK sr. / I SITE APPOINT /'` / ,) \\� )• Y ^ s.T,e14 v.dai SPADES (2W Norz a mme ,y, OENTRANCE R IVE Ail. \\\ \ \ .7014 ar.J0.1 epAaLa sAm v riom) `�3, a -22.J ePAm ' . - *1 411, YA ONiiF, IMF, 1 \\\ / MAR 35 LOT 44 G \1 , - MAP 35 LOT 50 I ol�wrelw w rONm�olu,ttln[Y 495 M/F TOWN OF NORTH ANDOVER 1 TIF THOMAS PRPERTI LLC ' /• 120 MAIN STREET .� .�L P.O.BOX 97 NORTH AND=, 01845 �ROi ANDOVER,MA 0184 J(/ BOOK 978 PACE 175 >\ LOCATION Msp G /// / • / NOTI1.'s• poT ro xNci i 1 // _' .°•?;.::;., 1 \ 1)TaPOWNSC ANo 9at/OwAY NRMWrm aNONT1 W REIM AN ADRW.a—, PRFPMIOT W YIB OFRICN CONSULTANTS. M N ME 2oTH. 5^, •,'.'•7;.:•:)•• ..R) ,\\ ,/ R) OmPIETIST+ai A9 mom IS RONNO W1PIND POR TIE iOVN��inaRm BtrsN'� S 2 ICT MSM t a /! ;./ :•i.: \ I �A ANDPIER. - ' ,• -'' :•• Ea«w INDIRECT THE PMPEM FWN9WS. 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E"ONU"•PLANNV15 r SURVEYORS �Y�_ (or FIWE1 SPOT ELEVATIONGAS LITE I REVISE PLANS PER VH8 REVIEW CMT 4/8/05 SCALE:1•.20' DATE:JANUARY 26,2005 . 1,h.m R -•- FORCE MAI - N0. DESCRIPTION BY DATE SN T REVISIONS CCC MSG f66804 1 4 OF 8 i