HomeMy WebLinkAboutMiscellaneous - 1077 OSGOOD STREET RECEIVED
.1 TOWN U-1ERKS OFFICE
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NORTH ANDOVER
North Andover, Massachusetts 018414ASSACH S TTS
NOTICE OF DECISION
Watershed Special Permit-Extension
Site Plan Review -Extension
Date of Decision: July 21,2009
Application of: Angus Realty Corporation
1077 Osgood Street
North Andover, MA 01845
Premises Affected: 1077 Osgood Street, North Andover, MA 01845 within the General
Business Zoning District,Assessors Map 35,Lot 27
On July 19, 2007, the Planning Board unanimously voted to grant the applicant, Angus Realty
Corporation, a Watershed Special Permit and a Site Plan Review Special Permit, so as to allow the
construction of an expansion of the existing parking lot to allow for an additional 60 spaces,
installation of underground stormwater management and drainage system, minor roadway
improvements to the main access way, site lighting, and associated grading and extensive
landscaping within the Non-Disturbance buffer zone of the Watershed Protection District.
Referring to the above petition for a Watershed Special Permit from the requirements of the
North Andover Zoning Bylaw, Section 4.136 and to the above petition for a Site Plan Special
Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 10.3, and 10.31
and MGL C. 40A, section 9.
After a Planning Board meeting on the above date, and upon a motion by R. Rowen and 2nd by
M. Walsh, a vote was taken with regard to an extension of the Watershed Special Permit and the
Site Plan Review Special Permit for the period of one year from the original date of the decision,
as noted by the stamped date of the town clerk, July 23,2007. The vote was unanimous in favor
of the application.
C
Orth Ando r Planning Board
John Simons, Chairman
Courtney LaVolpicelo, Clerk
Richard Rowen
NORTH .w
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Office of the Planning Departure tC���Pt F,. s: f.f
Division of Community Developm l JUL 2 3 AM 8: 26
1600 Osgood Street q y 4t��„ f 0
SNCMUS S O
North Andover, Massachusetts 01845 H 0 R T H A10.40C jdL;
MASSACHUSE 1 TS
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: July 19, 2007
Date of Hearing(s): May 1,thru July 17, 2007
Date of Decision: July 17, 2007
Petition of: Angus Realty Corporation, 1077 Osgood Street,North Andover,MA
01845
Premises Affected: 1077 Osgood Street,North Andover,.MA 01845 within the General
Business Zoning District,Assessors Map 35, Lot 27.
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 sixty(60) space parking lot, installation of an underground storm water
management and drainage system, minor roadway improvemems to the main access way, site lighting,
associated grading,extensive landscape work 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 Andover P ningBoard
Richard Nardella, Chairman
John Simons, Vice Chairman
Alberto Angles, Clerk
Jennifer Kusek
1077 Osgood Street,Map 35 Lot 27
Site Plan Special Permit-Construction of Parldng Lot
July 17,2007
On July 17,2007 upon a motion made by John Simons and seconded by Jennifer Kusek,the Planning
Board herein APPROVED the Site Plan Special Permit for the construction of a sixty(60)space parking
lot,installation of an underground storm water management and drainage system,minor roadway
improvements to the main access way,site lighting, associated grading,extensive landscape work and
other improvements shown on the `Plans as defined below. The project lies in the General Business
Zoning District and is located on real properly shown on the North Andover Assessors Map 35,Parcel 27
and consists of approximately 320,080 s.£ (7.348 acres)of land with frontage on Osgood Street and Great
Pond Road. The Special Permit was requested by the Applicant,Angus Realty Corporation, 1077 Osgood
Street,North Andover,MA 01845.
This application was filed with the Planning Board on March 26, 2007. The Applicant submitted a
complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3,and 10.31 of
the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Applicant has filed with the
Planning Board all plans and reports required under the North Andover Zoning Bylaws,including but not
limited to the information required under Section 8.3 and 10.31 of the North Andover Zoning Bylaws.
During the review process,the Applicant and its professional consultants also submitted various revisions
to the plans along with various supplemental memoranda and correspondence in response to requests by
the Planning Board,the Board's peer review consultants,and by the various departments within the Town
of North Andover that reviewed the project. A14 of these plans,reports and correspondence are contained
in the Planning Board's files and are hereby incorporated by reference into the public record for this
hearing.
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 sixty (60) space parking lot. 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 Osgood Street will not'significantly
increase traffic flow or volumes and (2) the parking lot design provides for adequate traffic flow,
safety, and sufficient pedestrian connections within the site.
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 waxer 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 Brustim, Inca(VHB). Refer to letter dated June
14, 2007 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from
entering Lake Cochichewick.
5) An Emergency Response Plan has been incorporated as part of this decision.
2
1077 Osgood Street,Map 35 Lot 27
Site Plan Special Permit-Constmction of Parking Lot
July 17,2007
6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of
the Zoning Bylaw;
7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The project has been reviewed by the Division of Public Works and the outside consulting engineer,
Vanasse,Hangen Brustlin,Inc.
8) The applicant shall comply with the terms and conditions referenced in this Special Permit, the
August 31, 1989 Site Plan Special Permit, and the Site Plan Special Permit Modification granted on
September 27, 1991.
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:
1) Permit Definitions:
A) The"Locus"refers to the 320,080 s.f.(7.348 acres)parcel of land with land fronting on Osgood
Street as shown on Assessors Map 35,lot 27,and also known as 1077 Osgood Street,North
Andover,Massachusetts.
B) The"Plans"refer to the plans prepared by Lynnfield Engineering dated April 30,2007,revised
5/22/07, 5/24/07,and 7/5/07 entitled`Butcher Boy Marketplace, 1077 Osgood Street,North
Andover,Massachusetts 01845"and consisting of sheets Cl-C7,El-E2,LTG Calc,and Ll
(revised 7/5/07).
C) The"Project"or"1077 Osgood Street"refers to the construction of a sixty(60)space parking lot,
installation of an underground storm water management and drainage system,minor roadway
improvements to the main access way,site lighting,associated grading,extensive landscape work
and other improvements shown on the"Plans"as defined above.
D) The"Applicant"refers to Angus Realty Corporation,the applicant for the Special Permit.
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 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 all 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.
3) The applicant shall designate an independent construction monitor who shall be chosen in
3
1077 Osgood Street,Map 35 Lot 27
Site Plan Special Permit-Construction of Parking Lot
July 17,2007
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 4h 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) The site as described in Condition l(A) is permitted a maximum of two permanent storage trailers.
No additional permanent storage of trailers will be allowed on site. Temporary storage trainers maybe
allowed for up to two-weeks during holidays and busy periods of operation. This condition is subject
to future zoning amendments pertaining to the outside storage of products/goods and the use trailers
for this purpose. This decision shall be in compliance with the most current Zoning and General
Bylaws for the Town.
5) 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) 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.
6) Prior to the start of construction:
A) A construction schedule shalt 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 roust 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 Departmera, Building 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 approved plans of the Planning
4
1077 Osgood Street,Map 35 Lot 27
Site Plan Special Permit-Construction of Parking Lot
July 17,2007
Board, the developer is required to present the changes through a public hearing to the Planning
Board for a modification to site plan approval.
G) A site opening/erosion control bond shall be in the total amount of five thousand dollars
($5,000.00) 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 6(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,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.
1) 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.
7) 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) 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.
8) 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; especially at the corner of the
intersection where any new projects are being constructed.
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
5
1077 Osgood Street,Map 35 Lot 27
Site plan Special Permit—Construction of Parking Lot
July 17,2007
Coduchewick. 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.
9) 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 Planninng Board. Alternatively, the applicant and/or
property owner may provide a bond,determined by the Planning Board,to cover the fill 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 fighting 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 fighting shall provide security for the site and structures however it must not
create any glare or project any fight onto adjacent residential properties.
C) Emergency Response Plan to be filed and pasted in obvious location such as Fire Department,Police
Department and Planning Department.
10)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
11)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) If applicable,tree cutting shall be kept to a minimum throughout the project to minimize erosion
and preserve the natural features of the site.
6
1077 Osgood Stc cet,Map 35 Lot 27
Site Plan Special Permit-Construction of Parking Lot
July 17,2007
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
with the Planning Board to provide an update 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) 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.
I) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
1) 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 maintenance testing and inspection.
L) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the parking lot, 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 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 gram
of this special permit (July 17, 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.
P) The applicant must comply with the conditions set forth in the Watershed Special Permit approved on
July 17,2007 related to this project.
Q) This Site Plan Review Special Permit approval is based upon the following information which is
incorporated into this decision by reference:
1. Plan titled: Butcher Boy Marketplace
1077 Osgood Street
North Andover,MA
7
10.77 Osgood Street,Map 35 Lot 27
Site Plan Special Permit—Construction of Parking Lot
July 17,2007
Prepared for: Angus Realty Corporation
1077 Osgood Street
North Andover,MA
Prepared by: Lynnfield Engineering,Inc.
199 Newbury Street, Suite 115
Danvers,MA 01923
Scale: I"=40'and.I"=30'
Date: April 2007,Revised 4/30/07,5/24/07
Sheets: CI—C7,El—E2,LTG Calc,and LI (revised 7/5/07)
Reporttitled: Responses to Comments
Proposed Parking Lot E)ansion
1077 Osgood Street
North Andover,MA
Prepared for: Angus Reahy Corporation
1077 Osgood Street
North Andover,MA
Prepared by: Lynnfield Engineering,Inc.
199 Newbury Street, Suite 115
Danvers,MA 01923
Date: May 25,2007
Attachments: Figures
Attachment 1—Emergency Response Plan
Attachment 2—Stormwater Analysis and Caladations
Attachment 3—Inspection and Maintenance Plan
cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
Planning Board Q
Police Chief
Fire Chief ® C ;
Applicant cis
Engineer
File
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Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk
Date: July 19,2007
Date of Hearings: May 1,thru July 17,2007
Date of Decision: July 17,200
Petition of: Angus Realty Corporation, 1077 Osgood Street,North Andover,MA
01845
Premises Affected: 1077 Osgood Street,North Andover,MA 01845 within the General
Business Zoning District, Assessors Map 35,IAt 27.
Referring to the above petition forah a, r» „ ? fi om the requirements of the North
.Andover Zoning Bylaw, Section 4.136.
So as to allow: to construct a sixty(60) space parking lot, installation of an undergrouni storm water
.management and drainage system, minor roadway improvements to the main access way, site lighting,
associated grading, extensive landscape work in the Non-Disturbance Zone of th Watershed
Protection District.
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:
he F:
Horth Andover PbAing Board
Richard Nardella,Chairman
John Simons,Vice Chairman
Alberto Angles,Clerk
Jennifer Kusek
I
i
1077 Osgood Street,Map 35 Lot 27
r Watershed Special Permit—Construction of Parking Lot
July 17,2007
I
i
The public hearing on the above referenced application was opened April 9,2007 and closed by the North
Andover Planning Board on July 17, 2007. Robert Barftlmes, Lynnfield Engineering, appeared on
behalf of the petitioner Angus Realty Corp.
On July 17, 2007 upon a motion made by Alberto Angles and seconded by John Simons GRANT a
Watershed Special Permit to construct a 15,288 st retail building, 100 total parking spm=, drainage
system network, extensive grading and landscape work in the General, Non-Disturb , and Non-
Discharge Zones of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of
the North Andover Zoning Bylaw, This Special Permit was requested by Angus Realty rporation of
1077 Osgood Street, North Andover, MA on March 27, 2007. The applicant submittu a complete
application, which was noticed and reviewed in accordance with Section 10.52 of the Tc wn of North
Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was S hJed 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 bit 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 app 'dant has the
right, under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days the date this
decision has been filed with the Town Cleric
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 following
FINDINGS OF FACT:
1. That as a result of the proposed construction in conjunction with other uses nearby,there min not be any
significant degradation of the quality or quantity of water in or entering Lake Coclud iewick. The
Planning Board bases this finding on the following facts:
A) The project is located within an extremely environmental sensitive area and in close proximity to
Lake Cochichewick. The final design reflects extensive discussions between tb a Town and
applicant to ensure the continued protection of Lake Cochichewick and the safety a ad welfare of
the residents of North Andover.
B) The storm water management and drainage system is connected to the Town er and water
kms.
C) A deed restriction will be placed limiting the types of fertilizers that can be used on the ite.
D) The topography of the site will not be altered substantially.
E) The limit of clearing is restricted to the minimum necessary to construct the p addition.
Grading and the construction of the parking area are looted outside the 50-foot Conservation No-
Build.Zane.
F) Certification has been provided by a registered professional engineer and further v rified by the
Town's consulting engineer, Vanasse, Hangen Brustlin, Inc. (VHB) that the 'on parking
area was constructed using Best Management Practices and that project will not haveeffect on the
quality or quantity of runoff entering the watershed protection district. Refer to lette:�W June 14,
2
U77 Osgood Street,Map 35 Lot 27
Watershed Special Permit—Construction of Parking Lot
July 17,2007
2007 from VHB. Further, adequate safeguards have been provided to mitigate po h1tants from
entering Lake Cochichewick.
G) The construction has been reviewed by Town Staff and the Town's consulting engmex,VHB,and
with the application of the erosion control measures and modifications to the a and
stormwater management designs,there will be no degradation to the quality or quantity Df water in or
entering Lake Cochichewick. The site drainage system and storm water manageme it design are
designed in accordance with the Town Bylaw requirements and Best Eng 11CCring and
Management Practices,and has been reviewed by the outside consulting engineer, . Refer to
letter dated June 14,2007 from VHB.Further, adequate safeguards have been providi d to mitigate
pollutants from entering Lake Cochichewick.
2) There is no reasonable alternative location outside the Non-Disturbance Zone for a y discharge,
structure or activity.
in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning d makes the
following FINDINGS OF FACT:
1) The specific site is an appropriate location for the proposed use as all feasible storm wat� 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;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
4) Adequate and appropriate facilities are provided for the proper operation of the proposed ;
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 ism harmony with the gener,d purpose and
intent of the North Andover Zoning Bylaw.
Upon reaching the above findings,the Plammmg Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1)Permit Definitions:
A) The"Locus"refers to the 320,080 s.f.(7.348 acres)parcel of land with land fronting on Osgood
Street as shown on Assessors Map 35,lot 27,and also known as 1077 Osgood StrW,North
Andover,Massachusetts.
B) The"Plans"refer to the plans prepared by Lynnfield Engineering dated April 30,20)7,revised
5/22/07,5/24/07,and 7/5/07 entitled`Butcher Boy Marketplace, 1077 Osgood Stree North
Andover, Massachusetts 01845",and consisting of sheets Cl-C7,El-E2,LTG Cal and Ll
(revisal 7/5/07).
3
1.977 Osgood Street,Map 35 Lot 27
Watershed Special Permit—Construction of Parking Lot
July 17,2007
C) The"Project"or"1077 Osgood Street"refers to the construction of a sixty(60)sp parking lot,
installation of an underground storm water management and drainage system,minor roadway
improvements to the main access way,site lighting,associated grading,extensive landscape work
and other improvements shown on the"Plans"as defined above.
D) The"Applicant"refers to Angus Realty Corporation,the applicant for the Special Pc rmit.
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, owner.
2) The Town Planner shall approve any changes made to these plans. Any changes dee substantial
by the Town Planner would require a public hearing and modification by the Plannin Board. This
Watershed Special Permit may only be used in conjunction with the Site Plan Special P for these
same premises granted July 17,2007.
3) Prior to issuance of a building permit:
A) A performance gmwitee bond of three thousand dollars($3,000.00)made Out to the 'own of North
Andover must be to insure that the construction,erosion control,measures,:n performance
of any other condition contained herein will take place in accordance with the ►lans and the
conditions ofthis decision and to ensure that the as-built plans will be submitted.
B) 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 me mm will be
completed by the designated independent Environmental Monitor and incorpor ftd into the
weekly reports as part of the approved July 17, 2007 Site Plan Review Special I lermit for the
project.
C) No pesticides,fertilizers or chemicals shall be used in lawn care or maintenance. The plicant 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.
D) No road salt,sodium chloride,or other de-icing chemicals shall be used on paved within the
entire site(protected watershed area),and any arrangement for snow removal shall so s4pulate due to
the importance of the site&its proximity to the Lake. Further,snow stockpiling is 'bited within
50 feet of any/all wetland resource areas in the site. Permanent signs designating o-Salt Zone"
and"No-Snow Stockpiling Zones"shall be displayed in prominent locations etc.
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 tremies 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 cted as shown
on the approved plan.
B) The Planning Board must by a majority vote make a finding that the site is in conforzirance with the
approved plan.
5) In no instance shall the applicant's proposed construction be allowed to further impact the 1 rte other than
as proposed on the plan referenced in Condition#10.
4
. ' 12,77 Osgood Strre4 Map 35 Lot 27
Watershed Special Permit Construction of Parking Lot
July 17,2007
6) The applicant must comply with the conditions set forth in the Site Plan Review Special P - approved
on July 17,2007 and the Conservation Commission related to this project DEP File 0 2-1391.
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, its
employees and all successors and assigns in interest or control
10)This Special Permit approval shall be deemed to have lapsed July 17, 2009 (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. Subitantial use or
construction will be determined by a majority vote of the Planning Board.
11)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: Butcher Boy Marketplace
1077 Osgood Street
North Andover,MA
Prepared for: Angus Realty Corporation
1077 Osgood Street
North Andover,MA
Prepared by: Lynnfield Engineering,Inc.
Danvers,MA 01923
Scale: 1"=40'and 1"=30'
Date: April 2007,Revised 4/30/07,5/24/07
Sheets: Cl—C7,El—E2,LTG Calc,and Ll (revised 7/5/07)
B) Report titled: Responses to Comments
Pmposed Parking Lot Expansion
1077 Osgood Street
North Andover,MA
Prepared for: Angus Realty Corporation
1077 Osgood Street
North Andover,MA
Prepared by: Lynnfield Engineering,Inc.
199 Newbury Street,Suite 115
Danvers,MA 01923
Date: May 25,2007
Attachments: Figures
Attachment i—Emergency Response Plan
Attachment 2—Stormwater Analysis and Calculations
Attachment 3—Inspection and Maintenance Plan
cc: Director of Public Works
Building 8 Inspector
Town Manager
5
• IV77 Osgood Street,Map 35 Lot 27
Watershed Special Permit—Constriction of Parking Lot
July 17,2007
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer I
File
v
s"
co
ail
I
6
T3wn C!erk Tine Stamp
a a
FINDING y���=-� 2006 KAY 25 PM 12. 20
TOWN OF NORTH ANDOVER F f
ZONING BOARD OF APPEALS ;{ �� '} '
Frank J. Ra onese M SSAC
NAME' g Petitioner
ADDRESS OF APPEAL' 1077 Osgood street North Andover
Procedure & Requirements
for an Application for a Finding
Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND
submitted thirty(30)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 noted 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 T• DELIVERY OF LEGAL NOTICE TO
STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER
The petitioner picks up the legal notice from the Office
The petitioner applies for a Building Permit and
receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal
notice to the local newspaper publication.
Building Commissioner.
STEP 2: FINDING APPLICATION FORM: STEP 8; PUBLIC HEARING BEFORE THE ZONING
Petitioner completes an application form to petition the BOARD OF APPEALS:
The petitioner should appear in his/her behalf,or be
Board of Appeals for a Finding. All information as represented by an agent or attorney. !n 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
STEP 3• PLAN PREPARATION: the information it has otherwise received.
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
STEP 4. OBTAIN LIST OF PARTIES IN INTER E8T: sent to all Parties in Interest. Any appeal of the Board's
The petitioner requests the Assessor's Office to compile decision may be made pursuant to Massachusetts
a certified list of Parties in Interest(abutters). General Law ch. 40A§ 17,within twenty(20)days after
the decision is filed with the Town Cleric.
STEP 5: SUBMIT APPLICATION: g' P 10; RECORDING THE DECISION AND PLANS.
Petitioner submits one(1)original and ten (10)Xerox The petitioner is responsible for recording certification of
copies of all the required information to the Town Clerk's the decision and any accompanying plans at the Essex
Office to be certified by the Town Clerk with the time County, North Registry of Deeds, 381 Common St.,
and date of filing. The original will be left at the Town Lawrence MA, and shall complete the Certification of
Uerk`s office, and the 10 Xerox copies will be left with Recording form and forward it to the Zoning Board of
the Zcning Board of Appeals secretary. Appeals and to the Building Department.
.........a...-:.:.......»c.......ta:.u..a•a.... .w+ .........aa+>w...+.+....xuua.:.wau..ars.•:au�ei+uq.ar•.u�waawt.swuaiwaw.auwu.tauaiuc+.w........
.i
MPCRTANT PHONE NUMBERS:
9'78-=17118-9533 'ffice of Community Dev. &Services North Andover"Town Hall
1 i00 Osgood St., Bldg. 20, Suite 2-32 120 Main Street
North Andover, MA 01845 978-588-9501 Town Cleric's Cffice
i 8- ., 3-:)542 fax for Community Development offices 978-088-9566 Assessor's Office
978-3r?8-95.45 3ui{dirtg Department
1471- dao-9541 Zoning Board of Appeals Office
PACE 14
PAGE 2OF4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D I N G
Please complete all items 1 -10 below:
1. Petitioner: *Name, *Address and telephone number:
Frank J. Ragonese
1939 Great Pond Road, North Andover MA 01845
978-828-4667
*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:
Angus Realty Trust d/b/a Butcher Boy
1077 Osgood Street
North Andover MA 01845 978-688-1511
Years Owned Land: approximately, 46 years - per assessor's records
3. Location of Property:
a. Street: 1077 Osgood street Zoning District: GB
b. Assessors: Map number: 35, Block 27 Lot Number: o.o
c. Registry of Deeds: Book Number: 912 Page Number: 443 . .,
4. Zoning Bylaw Section(s)* under which the petition for the Finding is made.
10.4; 10. 1.1; 4.136; 8.3.8
"Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the Finding request:
This is an appeal of the Building Inspector's failure to act upon petitioner's
request for enforcement action of alleged zoning bylaw virol'ation by owners
of premises located at 1Q77 Osgood Street.
The above descriptionshallbe used for the purpose of the legal notice and decision. A more detailed descriptionisrequired pursuant to
the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application. Failure by the applicant to describe the request
clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant
and will
not involve additional items not included above.
6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. %
B. %
Page 3 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D I N G
1
6 B. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
f
6 C. Proposed Lot(s):
t Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
E Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
i
i
E
i
6 D. Required Lot: (As required by Zoning Bylaw&Table 2)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
7A. Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building' of Units*"
II "Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s).
7B. Proposed Building(s):
s
P g( :)
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building' of Units""
`r
*Reference Uses from the Zoning Bylaw&Table 1. "*State number of units in building(s).
i
8. Petitioner and Landowner signature(s):
Every application for a Finding shall be made on this form,which is the official form of the Zoning Board of Appeals. 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 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.
Sig nature: ,,,-
4z�z
I Type above name(s) here: Leonard F. Femino, Esq. , Attorney for Petitioner
F
i
1
PAGE 4 of 4 FINDING
9. WRITTEN DOCUMENTATION
Application for a Finding must be supported by a legibly *10. C. *Features To Be Included On Plan:
Written or typed memorandum setting forth in detail all t) Silt Orientation shall include:
facts relied upon. All dimensional requirements shall be 1. north point
clearly identified and factually supported when requesting 2. zoning district(s)
a Finding from the requirements of MGLA ch. 40A, and 3. names of streets
the North Andover Zoning Bylaws. All points,A-C,are 4. wetlands (if applicable)
required to be addressed with this application. 5. abutters of property, within 300' radius
6. locations of buildings on adjacent properties
A. The particular use proposed for the land or structure. within 50' from applicants proposed structure
B. Fact(s)relied upon to support a Finding that the 7. deed restrictions, easements.
proposed extension or alteration shall not be more II)Legend&Graphic Aids:
substantially detrimental than the existing non- 1. Proposed features in solid lines&outlined in red
conforming use. 2. Existing features to be removed in dashed lines
C. Address all appropriate details of the Building 3. Graphic Scales
Commissioner's denial. 4. Date of Plan
5. Title of Plan
6. Names, addresses, and phone numbers of the
10. PLAN OF LAND applicant, owner of record, and designer or
surveyor.
Each application to the Zoning Board of Appeals shall be
accompanied by the following described plan. Plans 10. D. Minor Projects
must be submitted with this application to the Town Minor projects, such as decks,sheds,and garages,
Clerk's Office and ZBA secretary at least thirty(30)days shall require only the plan information as indicated with
prior to the public hearing before the Zoning Board of
an asterisk O. In some cases further information may
appeals.
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/conversion)and/or a
proposed change in use. 11.A. Notification fees: Applicant shall provide a check
or money order to: "Town of North Andover-#022-1760-
4841"for the cost of first class, certified, return receipt
10. A. Major Projects ($4.42 as of November 2003) x#of all parties in interest
Major projects are those which involve one of the identified in MGLA ch. 40A§11 on the abutter's list for
following whether existing or proposed: the legal notice check. Also, the applicant shall supply
1)five(5)or more parking spaces, first class postage stamps(currently 37¢) x the#of
11)three(3)or more dwelling units, parties of interest on the abutter's list for the decision
III)2,000 square feet of building area. mailing.
Major Projects shall require, in addition to the 10B. & 10
C. features, that the plans show detailed utilities, soils, 11.B. Mailing labels:Applicant shall provide four(4)
and topographic information. sets of mailing labels no larger than 1"x2-5/8" (3 copies
for the Legal mailing and one copy for the Decision
*10. B. *Plan Specifications: mailing).
1) size of plan: Ten (10) paper copies of a
plan not to exceed 11"x17", preferred scale of 11.C. See 2005 Revised Fee Schedule.
1"=40'.
11) one(1) Mylar.
III) The plan must be prepared by a Registered
Professional Engineer and/or Land Surveyor, with a
block for five (5) ZBA signatures and date indicated on
the Mylar.
1
ALEXANDER&FEMINO
ATTORNEYS AT LAw
ONE SCHOOL STREET
BEVERLY,MASSACHUSETTS 01915
EMAIL:LFF@ALEXANDERFEMINO.NET
LEONARD F.FEMINO TELEPHONE(978)921-1990
THOMAS I.ALEXANDER FAX(978)9214553
JERALD A.PARISELLA
May 24, 2006
Zoning Board of Appeals
Town of North Andover
1600 Osgood Street Bld 20 Suite 2-36
North Andover, Massachusetts 01845
Notice of Appeal Under G.L. c.40A, § 8 and
the North Andover Zoning Bylaw, Section 10.4
Appellant: Frank J. Ragonese
1939 Great Pond Road
North Andover, Massachusetts 01845 (Appellant)
Nature of Appeal: This is an appeal to the permit granting authority under the procedures of the
Massachusetts Zoning Act, G.L. c. 40A, § 8, and the North Andover Zoning Bylaw(Bylaw),
Section 10.4, taken by a person aggrieved by reason of his inability to obtain enforcement action
by the North Andover Building Inspector(Inspector). The Appellant seeks action from the
Zoning Board of Appeals(Board)to effect termination of unlawful operation of
storage/refrigeration facilities located on the grounds of the Butcher Boy Mall, 1077 Osgood
Street.
Grounds for Appeal:
a. Appellant sought enforcement of the Bylaw by letter dated April 14, 2006, addressed to the
Inspector. A copy of that letter is attached hereto as Exhibit A, and incorporated by reference.
b. The Inspector refused the enforcement request and rendered an opinion, explaining his
refusal, in a letter dated April 27, 2006, a copy of which is attached hereto and marked
Exhibit B. That letter is incorporated by reference.
c. The public records of the North Andover Planning Department contains a letter dated
November 28, 2005 outlining the Town Planner's perceived violations of the Zoning Bylaw,
Code of Massachusetts Regulations and Wetlands Protection Bylaw. That letter is attached
hereto asExhi it Cand 'mcorporated by refere
nce.
d. The placement and operation of the refrigeration equipment without permits violates the
following provisions of the Town's Bylaws: Section 10.1.1 (requirement to obtain building
permit); Section 4.136 (Watershed Protection District requirements to obtain special permit
from the Planning Board); failure to conform to the Special Permit approving the
construction of the mall, see also the other violations as noted in the Town Planner's letter.
construction of the mall, see also the other violations as noted in the Town Planner's letter.
The applicant also contends that the noise emitting from the refrigeration units is a nuisance
and violates the provisions of 310 CMR 7.10 State Noise Regulation, which is enforceable
by the building inspector.
Relief Request: The Appellant requests that the board exercise powers pursuant to the
Massachusetts Zoning Act and the North Andover Zoning Bylaw, after public notice and
hearing, and reverse the decision of the Inspector, thereby to effect termination of illegal land use
and removal of unlawful structures at premises of 1077 Osgood Street(Butcher Boy Mall) and of
activity by the owners of said premises.
Respectfully submitted,
Frank J. Ragonese
By His Attorney,
Leonard F. Femino
EXHIBIT A
April 14, 2006
Mr. Gerald Brown, Inspector of Building
Town of North Andover
400 Osgood Street
North Andover, MA. 01845
Re: Butcher Boy Mall @ 1077 Osgood Street. Formal request for enforcement action.
Dear Mr. Brown,
This is a formal request for enforcement action pursuant to Massachusetts General Law,
chapter 40A, section 7, as you are the Zoning Enforcement Officer and Inspector of Buildings
for the Town of North Andover.
As you know, the above referenced property is currently in violation of the North
Andover Zoning Bylaw [NABL] and the Massachusetts Building Code [780 CMR],because the
owner(s)has placed/constructed accessory structures in violation of the approved site plan and
failed to obtain any permits prior to action. These structures as you know are too close to the
property line and were installed without approval from the Conservation Commission and
without re-applying to the Planning Board to amend the Site Plan Review Decision.
In addition to what appear to be obvious violations,these also,in my opinion, create an
undue safety hazard with respect to emergency vehicle access to the site and noise generated all
day and evening from the refrigeration compressors which clearly create a nuisance to me and
other nearby property owners.
Please, upon receipt of this request, take action necessary to bring the property and all
structures into compliancewith the bylaw, Site Plan Review decision, and the Massachusetts
Building Code. I would also ask the Agent for the Conservation Commission to enforce the
applicable state and local Wetland Protection Regulations and see if the North Andover Fire
Chief feels any enforcement action is necessary to insure the safety of the owner(s) and
occupants of these structures and property due to these being obstructions of emergency
vehicles? As you see below,I have also furnished copies of this request to these other officials
and or departments.
If you have questions or need any information-from me,please call anytime and thank
you in advance for assisting me with this problem. You may reach me at 978-356-6603 days or
leaving a message on 978-794-4462.
Yours truly,
Frank J. Ragonese
'I
cc; Mark Rees Town Manager
William Dolan Fire Chief
Alison McKay Conservation _
Curt T. Bellavance Director Community Development
Lincoln Daley Town Planner
EXHIBIT B
�I
Town of North Andover
Building Department `
Community Development and Services Division,
400 Osgood Street
Gerald A.Brown North Andover,Massachusetts 01845
Inspector of Buildings
Telephone(978)688-9545
Fax(978)688-9542
April 27, 2006
Mr.Frank I Ragonese
1939 Great Pond Road
North Andover,Massachusetts 01845
Dear Mr.Ragonese:
This letter is in response to your letter dated April 14 2006 requesting enforcement action from the
Inspector of Buildings/Zonmg Enforcement Officer pursuant to Massachusetts General Law,ch.40A§7 in
order to bring the property and all structures of the Butcher Boy Mall, 1077 Osgood Street,into compliance
with the bylaw.
I am of the following opinion after investigating your complaint against the above referenced business:
• The North Andover Zoning Bylaw does not define"permaneW or"temporary". Since the trailer
is on wheels and is registered;it is temporary because it can be moved.
• The North.Andover Zoning By-law does not address noise levels in any zoning district.
• The North Andover Zoning By-law does not address hours of operation in any zoning district.
If you have any questions,please feel free to contact me. If you would like to appeal this interpretation of
the North Andover Zoning Bylaw,Section 10.4 of the Bylaw states that decisions may be grieved within
(30)days before the North Andover Zoning Board of Appeals.
Sincerely,
Gerald A.Brown,
Inspector of Buildings/Zoning Enforcement officer
cc: Mark Rees,Town Manager
Curt Bellavance, Community Development Director
Alison McKay,Conservation Administrator
Lincoln Daley,Town Planner
William Dolan,Chief,Fire Department
'I
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
EXHIBIT C
f ,AORTH
O �
9
?SSACHus
Town of North Andover
Community Development Division
400 Osgood Street RECEIVED
North Andover,Massachusetts 01845
Angus Realty Corporation
SPR 13 2006
1077 Osgood Street NORTH ANDOVER
North Andover, MA 01845 CONSERVATION COMMISSION
November 28, 2005
Mr. Ken Yameen:
This letter is in response to a meeting with Mark Rees,Town Manager seeking a resolution to the
refrigeration units located behind the Butcher Boy Market Place. It is our understanding that an abutter,
Frank Rangonese filed a complaint against the Butcher Boy Market Place regarding the level of noise
produced by the structures. We further understand that discussions between Butcher Boy Market Place
and Mr. Rangonese were left unresolved. Mr.Rees asked the Community Development Division to
examine the historical records and remedy the situation.The statements below are based on information
of record within the Division of Community Development.
As defined by the North Andover Town Bylaw and as determined by the Inspector of Buildings, the
refrigeration units are categorized as a building and/or structure.' Building Department records indicate
that the Butcher Boy Market Place did not obtain the necessary building permits to construct or locate the
refrigeration units on the property. As such,the Butcher Boy Market Place is currently in violation of 780
CMR 110.0 Application for Permit, Subsection 110.1 Permit Application which states:
"It shall he unlawful to construct, reconstruct, alter, repair, remove or demolish a building
or structure; or to change the use or occupancy of a building or structure; or to install or
alter any equipment for which provision is made or the installation of which is regulated by
780 CjVfR with first fling a written application with the building official and obtaining the
required permit therefore. "
The Building Department would be required to issue a Cease and Desist order for those structures without
a building permit.
Upon examination of the Planning Department files,the Site Plan Special Permit in the 1988 Settlement
Decision and 1990 Planning Board Conditions of Settlement make no mention of structures utilized for
refrigeration. Further,the Final Approved Site Plans dated 10/15/86, Revised 10/22/91 do not contain
any reference or detail of structures used for refrigeration outside the footprint of the approved main
1
Town Bylaw Section 2.26 Building-A structure having a roof supported by columns or walls for the shelter, support, or
enclosure of persons, animals,or property.
Town Bylaw Section 2.68 Structure - Means a combination of materials to form a construction that is safe and stable,
including, among others, buildings, stadiums,tents, reviewing stands, platforms, staging, observation towers, radio towers,
water tanks, towers, private and public swimming pools, trestles, piers and wharves, sheds, shelters, fences and walls, and
display signs:the term structure shall be construed as if followed by the words"or part thereof.
building. As determined by the Town Planner, the buildings and/or structures in question are considered
substantial and materially different to thea roved site plan and require the applicant to file a
PP
P q
modification with the Planning
Board in accordance o ance with Section 8.3.8 of the Town Bylaw.
The Conservation Administrator recently conducted an onsite inspection and after reviewing
Conservation Department files, determined that the refrigeration structures are in violation to the 50'No
Build setback and 25'No-Disturbance setback as regulated in 3.4 (Buffer Zones) of the North Andover
Wetlands Protection Bylaw,which reads:
"Where a proposed activity involves the removing, filling, dredging or altering of Buffer
Zone, the Commission shall presume that protection of the Buffer Zone of a resource area
identified in Section 1.3 is significant to the interests specified in Section 178.1 of*the Bylaw.
This presumption is rebuttable and may be overcome upon a clear showing that the Buffer
Zone does not play a role in the protection of said interests. In the event that the
Commission deems that the presumption has been overcome, the Commission shall make a
written determination to this effect, setting forth its grounds. The 100 foot Buffer Zones of
Bordering Vegetated all contain, at a minimum, a 25 foot No-Disturbance Zone and a 50-
foot No-Build Zone... "
Further, all activities performed(including, but not limited to the placement of a structure(s))within the
100'buffer zone to a protected wetland resource area shall be subject to review and approval by the
Conservation Commission. "The Commission shall not grant such permission without receiving written
notice of the intention to conduct such activity, and without issuing written permission to do so in
compliance with the provisions of the Bylaw"
We strongly encourage you to meet with the Staff of the Community Development Division to discuss an
appropriate course of action and alternatives to the current refrigeration units on site. The Town fully
appreciates the commercial and historical significance of the Butcher Boy Market Place. The Community
Development Division would be more than willing to work with Butcher Boy Market Place to resolve this
issue in the best interest of the parties involved. If you have any questions,please feel free to contact Curt
Bellavance, Community Development Division Director at 978-688-9533.
Sincerely,
Lincoln Daley, Town Planner
on behalf of the North Andover Community Development Division
CC: Mark Rees,Town Manager
Curt Bellavance, Community Development Director
Gerald Brown, Inspector of Buildings
Alison McKay, Conservation Administrator
Susan Sawyer, Health Director
Lincoln Daley, Town Planner
Frank Rangonese,Abutter
May 24 2006 3: 45PM Town of North Andover Mas 9786883211 p. 2
Abutter to Abuffer( ) Building Dept ( ) Conseivaf/on ( ) Zonft ( )
REQUIREMENT.' MGL 40A,Section 11 states In part"Parties in Interest as used MY*chapter shall mean the powmer.
ak*Ws,amers d land dirscry cpposllson any publk w ptNato way,and abumera to abutters*thin
three hundred(300)Leet d ttro property gm d the pdWowas they appear on the most rowan[appicable
to list.not*01stanft that the land of any sumh owner is toweled In anodes clty or to m.sro plarrnitg
board of the cIty or lawn.and Vw planning board d wary abusig dty or town.•
Subject Prooerfv:
MAP PARCEL [Name Addn3ss
35 27 ANGUS REALTY CORP 1077 OSGOOD STREET,NORTH ANDOVER,MA 01645
Abutters PrnosrOks
MODP Name A!
35 20 Russell Treadwell 3221 Huntington Place Drive,Sarosorta.PL 34237
35 50 1003 OWod Street LLC 180 Pleasant Street,North Andover,MA Q1846
35 21/28/44 Town of North Ahdover 120 Main Street.North Andover,MA 01845
35 90 Neal Shapleigh 75 French Farm Road,North Andover,MA 01845
35 47 VJ VK Inc. 53 Kelly Road,Salem,NH 03079
35 15 Vincent Grasso 10 Commerce Way,North Andover,MA 01845
35 36 Haphey Realty Trust 40 Russel Street,Notch Andover.MA 01845
35 53 1140 Osgood Street Trust 1159 Osgood Street.North Andover,MA 01845
35 13 Edward Riemitles 37 Storleecleavet Road,North Andover.MA 01845
35 14 One Clark Street NA LLC 97A Exchange Street.Portland ME 04101
35 109 Town of North Andover 120 Main Street,North Andover,MA 01845
35 58 Paul Lawson 1925 Great Pond Road,North Andover,MA 01845
35 59 Celestial Realty Trust 1939 Groat Pond Road,North Andover,MA 01845
35 108 John Keity 40 Lowell Street Peabody MA 01960
35 61 Joseph Pelich 725 Bwdond Street,North Andover.MA 01845
35 5 Frederick Fontein 1895 Great Pond Road,North Andover,MA 01845
35 91 Michael Salach 53 French Farm Road,North Andover.MA 01845
35 7 1159 Osgood Street Trust 1159 Osgood Street,North Andover,MA 01845
35 37 Vicent Tyler 1149 Osgood Street,North Andover,MA 01846
35 6 Tobi McCarthy 1145 Osgood Street,North Andover,MA 01845
35 94 Wiliam Stathos 33 French Farm Road,North Andover,MA 01845
35 93 Fred Boucher 45 French Fenn Road,North Andover.MA 01845
35 92 Brian Mcanally 53 French Farm Road,Notch Andover,MA 01845
35 51 Simone Marchand 1881 Great Pond Road,North Andover,MA 01845
Lake CochlGhewick Commonwealth of MA 100 Cambridge Street,Boston,MA 02202
This certt fes that the MWn"appeafton
ft
records of the Office go 0#
Certified b
Town of North Andover
ZONING BOARD OF APPEALS
Albert P.Manzi 111,Esq.Chairman ._
Ellen P.McIntyre, rice-Chairman — ryF
Richard J.Byers,Esq.Clerk of
14ORTFi
Joseph D.LaGrasse 20018 JUN 30 PH 3: %54
David R.Webster 0
Associate Members
Thomas D.Ippolito
0
Richard M.Vaillancourt V aT`
Daniel S.Braese,Esq, C
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2008
of this notice in the office of the
Town Clerk,per Mass.Gen.L.ch.
40A, §17 Property at: 1077 Osgood Street
NAME: Angus Realty Trust HEARING(S): June 10,2008
ADDRESS: 1077 Osgood Street PETITION: 2008-006
North Andover,MA 01845 TYPING DATE: June 16,2008
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,June 10,2008 at 7:30 PM upon the application
of Angus Realty Trust,1077 Osgood Street(Map 35,Parcel 27),North Andover,MA requesting a dimensional
Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief from the requirements for rear
setback in order to install two dry goods storage containers. Said premise affected is property with frontage on the
East side of Osgood Street within the GB zoning district. Legal notices were sent to all names on the abutter's list
and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on
May 26&June 2,2008.
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.
Manzi,111,and Thomas D.Ippolito. The following non-voting member was present: Richard M.Vaillancourt.
Upon a motion by Ellen P.McIntyre 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 31.6'from the rear setback
in order to install two dry goods storage containers;per:
Site: 1077 Osgood SOW(Map 35,Parcel 27),North Andover,MA 10845
Site Plan Title: 1077 Osgood Street,Plot Plan of Land,to accompany request for a variance,
located in,North Andover,Massachusetts,(Essex County),prepared for,Angus
Realty Corporation
Date(&Revised Dates): April 25,2008,signed 5-14-08
Registered Professional Kevin E.Danahy,#39683,Meridian Associates,Inc., 152 Conant Street,Beverly,
Land Surveyor: Massachusetts 01915
Sheet/Drawing: 2592zba3.DWG
With the following condition:
1. The rear lot line 151 residential landscaped screening buffer shall be maintained.
Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and Thomas D.
Ippolito.
Page I of 2
1600 Osgood St,,Bldg 20-Suite 2-36,North Andover,MA 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiiordmdover.com
Town of North Andover
ZONING BOARD OF APPEALS M
�Mbert P.Manzi III,Esq.Chairman
Ellen P.McIntyre,Vice-Chairman E-
Richard J.Byers,Esq.Clerk eE Nosry
ry
Joseph D.LaGrasse 3� ��`r � '• �oL C �� 1��, 30 F] '�, 174
Lt1 e:v
David R.t�''ebster � �
F3ssociate Vembers
Thomas D.Ippolito L S° i# # #
'►� C,k S i
Richard M.Va�lancoart � "q,T.°,,# Q ,
Daniel S.Brame,Esq. �SsweNug�� VIA���r",¢
q " csv3ii Ia Thai Stmip
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2008
of this notice in the office of the
Town Clerk,per Mass.Gen.L.ch.
40A, §17 Property at: 1077 Osgood Street
NAME: Angus Realty Trust HEARING(S): June 10,2008
ADDRESS: 1077 Osgood Street PETITION: 2008-006
North Andover,MA 01845 TYPING DATE: June 16,2008
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,June 10,2008 at 7:30 PM upon the application
of Angus Realty Trust,1077 Osgood Street(Map 35,Parcel 27),North Andover,MA requesting a dimensional
Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief from the requirements for rear
setback in order to install two dry goods storage containers. Said premise affected is property with frontage on the
East side of Osgood Street within the GB zoning district. Legal notices were sent to all names on the abutter's list
and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on
May 26&June 2,2008.
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.
Manzi,III,and Thomas D. Ippolito. The following non-voting member was present: Richard M.Vaillancourt.
Upon a motion by Ellen P.McIntyre and Tri 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 31.6'from the rear setback
in order to install two dry goods storage containers;per:
Site: 1077 Osgood Street 35,Parcel 27),North Andover,MA 10845
Site Plan Title: 1077 Osgood Street,Plot Plan of Land,to accompany request for a variance,
located in,North Andover,Massachusetts,(Essex County),prepared for,Angus
Realty orpora ion
Date(&Revised Dates): Aril 25,2008,signed 5-14-08
Registered Professional Kevin E.Danahy,#39683,Meridian Associates,Inc., 152 Conant Street,Beverly,
Land Surveyor: Massachusetts 01915
Sheet/Drawing: 2592zba3.DWG
With the following condition:
1. The rear lot line 15'residential landscaped screening buffer shall be maintained.
Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and Thomas D.
Ippolito.
Page 1 of 2
1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845
Phone-978-688-9541 Fax-978-688-9542 Web-wwwAmmofnorthandover.com
H.
Town of North Andover
ZONING BOARD OF APPEALS
Albeit P.Manzi III,Esq.U?ai,rnar
Ellen P.McIntyre,Fie,?C'ln,Yinyvan .;'
NORt/q
Richard.J.Byers,Esq.Clerk pt�t�•o ,•'Lr
Joseph D.I,aGrasse �� .°:+ �•`• oo� di " "`*
David R.Wlebster o ,. �� ,� I 0 Pi's' �•
h A
Assotzate Members
Tltotnas D.Ippolito oo ►
Richazd M.Vaillancovrtf.r"'
;e rr
Daniel S.Braese,Esq. ,sswe►wst� HAS-"A, Twee Stamp
The Board finds that owing to circumstances relating to the shape and topography of the 1077 Osgood Street laud
and the location of the retail structure on the land especially affects this land and structure but does not affect
generally the General Business(GB)zoning district in which it is located and a literal enforcement of the
provisions of Paragraph 7.3 &Table 2 would involve substantial hardship,financial or otherwise,to the petitioner.
The Board finds that direct abutter Frank J.Ragonese, 1939 Great Pond Road,wrote a letter of support dated
April 16,2008 and that there was no written or spoken opposition. The Board finds that the addition of the two
dry storage containers in the locations per above plan will allow for the preservation of the 15'residential
landscape screening. The Board finds that desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the intent or purpose of the North Andover
Bylaw.
Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry
of Deeds,Northern District at the applicant's expense. 2,The granting of the Variance and/or Special Permit as
requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must
abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building
permit as required by the Inspector of Buildings.
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.
NorjX Andover Zoning EZA of Appeals
rt P.Manzi,III,Esq.,Chairman
lien P.McIntyre, Vice Chairman
Richard J.Byers,Esq.,Clerk
Joseph D.LaGrasse
Associate Members
Thomas D.Ippolito
Decision 2009-006.
M35P27.
Page 2 of 2
1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www,townofnordmdover.com
FORTH
Q��, ,ED 4 Town Clerk Time Stamp
TIli`f
nJ�{# to ... r: 7., F s p
IVV6 JUN ...6 fij i : 559
cec.wcww.c..
• �$sSgcHus t�
IiAS*� ZONING BOARD OF APPEALS
Community Development Division
Legal Notice
North Andover, Board of Appeals
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a
public hearing at the top floor of Town Hall, 120 Main Street,North Andover, MA on
Tuesdaythe 1 lt' of Jul 2006 at 7:30 PM to all parties interested in the application of
Y
pp
Frank J. Ragonese, 1939 Great Pond Road, requesting a Finding from the Zoning
Board of Appeals under Section 4,Paragraph 4.136, Section 8, Paragraph 8.3.8, Section
10, Paragraphs 10.1.1, and 10.4 of the Zoning By-law in order to appeal the Inspector of
Building's failure to act upon petitioner's request for enforcement action of alleged
Zoning Bylaw violation by Angus Realty Trust d/b/a Butcher Boy, 1077 Osgood
Street,(Map 35, Parcel 27)North Andover, MA.
Said premise affected is property with frontage on the East side of Osgood Street within
the GB zoning district.
Plans are available for review at the office of the Board of Appeals office,400 Osgood
Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM.
By order of the Board of Appeals
Ellen P. McIntyre, Chair
Published in the Eagle-Tribune on June 26& July 3, 2006,
Legalnotice 2006-023.
M3 5P27.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9541 Fax 978.688.9542 Web wwwjownotnorthandover.com
ot NM
ORTHT1
Obtt�ao .6.6~O rezr ��1�
2006 JUN 15 AM 9: 33
�AO•p coe.aiww.cr 1�
AOgArob
,SSAC US�K
ZONING BOARD OF APPEALS tlOhTri '
Community Development Division MASS CHU
Legal Notice
North Andover, Board of Appeals
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a
public hearing at the top floor of Town Hall, 120 Main Street,North Andover, M.A.on
Tuesday the I e of July, 2006 at 7:30 PM to all parties interested in the application of
Frank J. Ragonese, 1939 Great Pond Road, requesting a Finding from the Zoning
Board of Appeals under Section 4, Paragraph 4.136, Section 8, Paragraph 8.3.8, Section
10, Paragraphs 10.1.1, and 10.4 of the Zoning By-law in order to appeal the Inspector of
Building's failure to act upon petitioner's request for enforcement action of alleged
Zoning Bylaw violation by Angus Realty Trust d/b/a Butcher Boy, 1077 Osgood
Street,(Map 3 5, Parcel 27)North Andover, MA.
Said premise affected is property with frontage on the East side of Osgood Street within
the GB zoning district.
Plans are available for review at the office of the Board of Appeals office, 400 Osgood
Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM.
By order of the Board of Appeals
Ellen P. McIntyre, Chair 11
I
Published in the Eagle-Tribune on July 3 & 10, 2006.
Legalnotice 2006-023.
M3 5P27.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9541 fox 978.688.9542 Web www.townofnorthandover.com
O4 10R7q
ta• a.y,�
Town of
_ p North Andover
41% Office of the Planning
��(.�.`.���9 �" DeparEnneat
�'»°,.•.'"s Conununity Develops •
S,� S� Rnent and Services Division
Osgood Landing ::�i:
y3
1600 Osgood Street ` -
Building#20 Suite 2-36 ` -
North Andover,Massachusetts 01845 '
P(978)688-9.535
F(978)688-9542 `r
NOTICE OF DECISION ro
Any appeal shall be filed
within (20)days after the
date of filing this notice in
the office of the Town Clerk.
'! Date of Hearing: 6/17/08& 7/1/08
j Date of Decision: 7/2/2008
Petition of: Angus Realty Trust, 1077 Osgood Street,North Andover,MA 01845
Premises Affected: 1077 Osgood Street, North Andover, MA 01845, within the General
Business Zoning District,Assessors Map 35,Lot 27.
I
Referring to the above petition for a Watershed Special Permit from the requirements of the North
Andover Zoning Bylaw, Section 4.136(3)e.
So as to allow to install two dry good storage containers and construction of a refrigerated
storage cooler within a portion of the 250' non-disturbance buffer zone located within the G-B
zoning district.
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:
7A4,tr-
Curt Bellavance,Director
John Simons, Chairman
Alberto Angles,Vice Chairman
Jennifer Kusek,Clerk
Timothy Seibert,regular member
I
i
BOARD OF APPEALS 688-9541 BUILDING 688.9545 CONSERVATION 688-9530 HEALTH 68&954o PLANNING 688-9535
The public hearing on the above referenced application ww opened on June 17, 2008 by the
North Andover Planning Board.
On July 1, 2008 upon a motion made by Jennifer Kusek, and seconded by Timothy Seibert, to
grant a Watershed Special Permit to install two dry good storage containers and construction of a
refrigerated storage cooler within a portion of the 250' non-disturbance buffer zone located
within the G B zoning district within the Watershed Protection District.
The original application was filed with the Planning Board on May 15, 2008. 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 11.
The Planning Board voted on the motion by a vote of 4-0 in favor. 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 dimWee with this decision, the applicamt
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.
Appendix A
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 the Planning Board makes the following
FINfIIl �GS 4F FACT?:
I. 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 system
b) The topography ofthe site will not be altered subMMtiaally.
c) Certification has been provided by a registered professional engineer that the renovations
will not have an effect on the quality or quantity of nnwff entering the watershed protection
district.
d) The construction has been reviewed by the Town's coding engineer, VBB, and with the
application of the erosion control measures, there will be no degradation to the quality or
quantity of water in or entering Lake Cochichewick or any delineated wetlands.
e) ZBA approved a variance from Section 7, Paragraph 7.3 for yards setbacks.
2. There is no reasonable alternative location outside the Non-Disturbance Zone for any discharge,
structure or activity. h,
b
a2=
In accordance with Section-10.31 of the North Andover Zoning Bylaw, the PlarnniQardkes
the following FINDINGS OF FACT:
rum
1071 Osgood strxc—VAwshed speoW Pamir
rm a 18,2008
Page 2
Y T,
i
NORTH
0 fa
Town of North Andover
° A Office of the Planning Department
Community Development and Services Division S
�sACMUSEi ^:5
GCi
Osgood Landing
1600 Osgood Street
Building#20,Suite 2-36
North Andover,Massachusetts 0184;5
P(978)688-953.5
F(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 of Hearing: 6/17/08& 7/1/08
Date of Decision: 7/2/2008
Petition of Angus Realty Trust, 1077 Osgood Street,North Andover,MA 01845
Premises Affected: 1077 Osgood Street, North Andover, MA 01845, within the General
Business Zoning District,Assessors Map 35,Lot 27.
Referring to the above petition for a Watershed Special Permit from the requirements of the North
Andover Zoning Bylaw, Section 4.136(3)c.
So as to allow to install two dry good storage containers and construction of a refrigerated
storage cooler within a portion of the 250' non-disturbance buffer zone located within the G-B
zoning district.
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:
Curt Bellavance,Director
John Simons, Chairman
Alberto Angles,Vice Chairman
Jennifer Kusek, Clerk
Timothy Seibert,regular member
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 6889530 HEALTH 68&9540 PLANNING 688-9535
The public hearing on the above referenced application was opened on June 17, 2008 by the
North Andover Planning Board.
On July 1, 2008 upon a motion made by Jennifer Kusek, and seconded by Timothy Seibert, to
grant a Watershed Special Permit to install two dry good storage containers and construction of a
refrigerated storage cooler within a portion of the 250' non-disturbance buffer zone located
within the G-B zoning district within the Watershed Protection District.
The original application was filed with the Planning Board on May 15, 2008. 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 11.
The Planning Board voted on the motion by a vote of 4-0 in favor. 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.
Appendix A
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 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 system.
b) The topography of the site will not be altered substantially.
c) Certification has been provided by a registered professional engineer that the renovations
will not have an effect on the quality or quantity of runoff entering the watershed protection
district.
d) The construction has been reviewed by the Town's consulting engineer, VBB, and with the
application of the erosion control measures, there will be no degradation to the qu ay (V
quantity of water in or entering Lake Cochichewick or any delineated wetl '
e) ZBA approved a variance from Section 7,Paragraph 7.3 for yards setbacks. c
2. There is no reasonable alternative location outside the Non-Disturbance Zone ftp y d setarge,p:
structure or activity. r
n r
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning3oard makes
the following FINDINGS OF FACT: '
1077 Osgood Street—Watershed Special Permit
June 18,2008
Page 2
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;
3. There will be no nuisance or serious hazard to orpedestrians;
4. Adequate and appropriate facilities are provided for the proper operation of the proposed
use;
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.
Upon reaching the above findings, the Planning Board approves this Watershed Special Permit
based upon the following SPECIAL CONDITIONS:
1. ZBA approved a variance from Section 7 Paragraph 7.3 for yards setbacks.
2) Prior to issuance of a building permit:
a) A performance guarantee of$1,000.00 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) All erosion control measures as shown on the plan must be in place and reviewed by the
Town Planner.
3) 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.
4) In no instance shall the applicant's proposed construction be allowed to further impact the site
other than as proposed on the plan referenced in Condition# 1.
5) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) 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.
1077 Osgood Stmt—Watershed Special Permit
June 18,2008
Page 3
f 7�
8) This permit shall be deemed to have lapsed after a two- (2) year period from the date July 1,
2008 on which the Special Permit was issued, unless substantial use or construction has
commenced.
9) 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.
10) That all conditions of existing Special Permit related to this property shall remain enforced.
1) 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: Watershed Special Permit for Butcher Boy Marketplace
1077 Osgood Street,North Andover,Massachusetts 01845
Sheets C1,Plot Plan; C2, Existing Conditions Plan; C3, Storage Container
Plan; C4,Erosion and Sediment Control Plan.
Prepared for: Angus Realty Corporation
Prepared by: Lynnfield Engineering,Inc., Consulting Environmental Engineers
199 Newbury Street, Suite 115
Danvers,Massachusetts 01923
Richard Barthelmes,#33017,PE
Scale: 1"=20'
Date: June 16, 2008
1077 Osgood Street—Watershed Special Permit
July 2,2008
Page 4
Town of North Andover
ZONING BOARD OF APPEALS
I'lh, l 1' �1cln�vr , 1'ire-r Yrarrmnr
Ric hard i liV c t F q :�'rENORTI, 1
OE t��o
L L
V i1
1�:1\Id 1Z �� 115 ('1' 0 � ..
111nna, 1) ippohtu • i
Richard M � .iillanomt7
�SSACHUS�� asn �'rrk'Irne Si,irn�
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2008
of this notice in the office of the
Town Clerk,per Mass. Gen. L. ch.
40A, §17 Property at: 1077 Osgood Street
NAME: Angus Realty Trust HEARING(S): June 10,2008
ADDRESS: 1077 Osgood Street PETITION: 2008-006
North Andover,MA 01845 TYPING DATE: June 16,2008
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,June 10,2008 at 7:30 PM upon the application
of Angus Realty Trust,1077 Osgood Street(Map 35,Parcel 27), North Andover,MA requesting a dimensional
Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief from the requirements for rear
setback in order to install two dry goods storage containers. Said premise affected is property with frontage on the
East side of Osgood Street within the GB zoning district. Legal notices were sent to all names on the abutter's list
and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on
May 26&June 2,2008.
The following voting members were present: Ellen P.McIntyre,Joseph D. LaGrasse,Richard J. Byers, Albert P.
Manzi, III,and Thomas D. Ippolito. The following non-voting member was present: Richard M. Vaillancourt.
Upon a motion by Ellen P. McIntyre 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 31.6' from the rear setback
in order to install two dry goods storage containers;per:
Site: 1077 Osgood Street(Map 35,Parcel 27),North Andover,MA 10845
Site Plan Title: 1077 Osgood Street,Plot Plan of Land,to accompany request for a variance,
located in,North Andover,Massachusetts, (Essex County),prepared for, Angus
Realty Corporation
Date (&Revised Dates): Aril 25, 2008, signed 5-14-08
Registered Professional Kevin E. Danahy,#39683,Meridian Associates, Inc., 152 Conant Street,Beverly,
Land Surveyor: Massachusetts 01915
Sheet/Drawin : 2592zba3,DWG
With the following condition:
1. The rear lot line 15' residential landscaped screening buffer shall be maintained.
Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse,Richard J. Byers, Albert P. Manzi.III.and Thomas D.
Ippolito.
Page I of 2
I n(:Cl;tix,c. til _ i;ldL, 21S11 -��;_ ��l�rth ;ndwer MA 01 ;.1
I 1iolle -
Town of North Andover
ZONING BOARD OF APPEALS
Ri(1rild II-, q vAORT11 A
4L
4L
CH 4.Tim, S,,jillp
The Board finds that owing to circumstances relating to the shape and topography of the 1077 Osgood Street land
and the location of the retail structure on the land especially affects this land and structure but does not affect
generally the General Business(GB)zoning district in which it is located and a literal enforcement of the
provisions of Paragraph 7.3 &Table 2 would involve substantial hardship,financial or otherwise,to the petitioner.
The Board finds that direct abutter Frank J. Ragonese, 1939 Great Pond Road,wrote a letter of support dated
April 16, 2008 and that there was no written or spoken opposition. The Board finds that the addition of the two
do storage containers in the locations per above plan will allow for the preservation of the 15'residential
landscape screening. The Board finds that desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the intent or purpose of the North Andover
Bylaw.
Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry
of Deeds, Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as
requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must
abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building
permit as required by the Inspector of Buildings.
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.
No Andover Zoning—Bo—ar-4fo—f Appeals
A)bert P. Manzi,III,Esq., Chairman
t!len P. McIntyre, Tice Chairman
Richard J. Byers,Esq.,Clerk
Joseph D. LaGrasse
Associate1lembers
Thomas D. Ippolito
Decision 2008-006.
M35P27.
Page 2 of 2
i ii00 ?Spmd 20 1,Jorlh %Ildo% 0 1
Tj
"41 2 Vvch - ov'llo I'll(d handm cr oill
f
4 NoRIN
° Town of North Andover
41 Office of the Planning Department
Y°"° •° Community Developmenand d Services Division
SSSHCHUSE�� a
Osgood Landing
1600 Osgood Street `-
Building##20,Suite 2-36 '
P(97 8)688-9535 North Andover,Massachusetts 01845
F(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 of Hearing: 6/17/08& 7/1/08
Date of Decision: 7/2/2008
Petition of: Angus Realty Trust, 1077 Osgood Street, North Andover,MA 01845
Premises Affected: 1077 Osgood Street, North Andover, MA 01845, within the General
Business Zoning District,Assessors Map 35,Lot 27.
Referring to the above petition for a Watershed Special Permit from the requirements of the North
Andover Zoning Bylaw, Section 4.136(3)c.
So as to allow to install two dry good storage containers and construction of a refrigerated
storage cooler within a portion of the 250' non-disturbance buffer zone located within the G-B
zoning district.
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:
Curt Bellavance,Director
John Simons, Chairman
Alberto Angles, Vice Chairman
Jennifer Kusek, Clerk
This is to certify that twenty(20)days Timothy Seibert, regular member
have elapsed from date of decision,filed
without filing of an appeal.
Date Lc L4.Alyff
Joyce A.Bradshaw
Town Clerk
BOARD OF APPEALS 688.9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
}
The public hearing on the above referenced application was opened on June 17, 2008 by the
North Andover Planning Board.
On July 1, 2008 upon a motion made by Jennifer Kusek, and seconded by Timothy Seibert, to
grant a Watershed Special Permit to install two dry good storage containers and construction of a
refrigerated storage cooler within a portion of the 250' non-disturbance buffer zone located
within the G-B zoning district within the Watershed Protection District.
The original application was filed with the Planning Board on May 15, 2008. 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 11.
The Planning Board voted on the motion by a vote of 4-0 in favor. 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.
Appendix A
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 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 system.
b) The topography of the site will not be altered substantially.
c) Certification has been provided by a registered professional engineer that the renovations
will not have an effect on the quality or quantity of runoff entering the watershed protection
district.
d) The construction has been reviewed by the Town's consulting engineer, VfM, and with the
application of the erosion control measures, there will be no degradation to the qu 3ty or,
quantity of water in or entering Lake Cochichewick or any delineated wetlands_.:
e) ZBA approved a variance from Section 7,Paragraph 7.3 for yards setbacks.
2. There is no reasonable alternative location outside the Non-Disturbance Zone for any disc1irge,
structure or activity.
_J
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board ip4kes
the following FINDINGS OF FACT: u
1077 Osgood Street-Watershed Special Permit
June 18,2008
Page 2
8) This permit shall be deemed to have lapsed after a two- (2) year period from the date July 1,
2008 on which the Special Permit was issued, unless substantial use or construction has
commenced.
9) The Town Planner shall approve any changes made to these plans. Any changes deemed
substantial the e Town Planner would require a public hearing and modification by the
Planning Board.
10) That all conditions of existing Special Permit related to this property shall remain enforced.
1) 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: Watershed Special Permit for Butcher Boy Marketplace
1077 Osgood Street,North Andover, Massachusetts 01845
Sheets Cl,Plot Plan; C2, Existing Conditions Plan; C3, Storage Container
Plan; C4, Erosion and Sediment Control Plan.
Prepared for: Angus Realty Corporation
Prepared by: Lynnfield Engineering, Inc., Consulting Environmental Engineers
199 Newbury Street, Suite 115
Danvers,Massachusetts 01923
Richard Barthelmes, #33017,PE
Scale: 1"=20'
Date: June 16, 2008
1077 Osgood Street Watershed Special Pennit
July 3,3008
Page 4
Town of North Andover
ZONING BOARD OF APPEALS
11he,z P ?Manzi [1T, t sd �hci;mn�r
L':Ilt:zt P '�icintpre°, i tri-<;7iarrman
Richard 1. R (T� Ls}. Clerk tAORTh
O �YCO ra tib rr*
losep}z F). I ,CJS asu 2 ,r •. �7 r .•
David R.R %ehsicar
_ %
Ascna�ite Member, k �
T1iornas D. Ippolito •
Richard M.t zillancourt-
l.Iacuei S. fizzese,Fscl. �sSACHUSti� " tAX1lf;lrrk'I'ime$tax,p
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2008
of this notice in the office of the
Town Clerk,per Mass.Gen.L. ch.
40A,§17 Property at: 1077 Osgood Street
NAME: Angus Realty Trust HEARING(S): June 10,2008
ADDRESS: 1077 Osgood Street PETITION: 2008-006
North Andover,MA 01845 TYPING DATE: June 16,2008
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,June 10,2008 at 7:30 PM upon the application
of Angus Realty Trust,1077 Osgood Street(Map 35,Parcel 27),North Andover,MA requesting a dimensional
Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief from the requirements for rear
setback in order to install two dry goods storage containers. Said premise affected is property with frontage on the
East side of Osgood Street within the GB zoning district. Legal notices were sent to all names on the abutter's list
and were published in the Eagle-Tribune,a newspaper,of general circulation in the Town of North Andover,on
May 26&June 2,2008.
The following voting members were present: Ellen P.McIntyre, Joseph D.LaGrasse,Richard J.Byers,Albert P.
Manzi,III,and Thomas D. Ippolito. The following non-voting member was present: Richard M.Vaillancourt.
Upon a motion by Ellen P. McIntyre 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 31.6' from the rear setback
in order to install two dry goods storage containers;per:
Site: 1077 Osgood Street(Map 35,Parcel 27),North Andover,MA 10845
Site Plan Title: 1077 Osgood Street,Plot Plan of Land,to accompany request for a variance,
located in,North Andover,Massachusetts,(Essex County),prepared for,Angus
Realty Corporation
Date(&Revised Dates): Aril 25, 2008,signed 5-14-08
Registered Professional Kevin E.Danahy,#39683,Meridian Associates,Inc., 152 Conant Street,Beverly,
Land Surveyor: Massachusetts 01915
Sheet/Drawing: 2592zba3.DWG
With the following condition:
1. The rear lot line 15' residential landscaped screening buffer shall be maintained.
Voting in favor: Ellen P. McIntyre, Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,and Thomas D.
Ippolito.
Page l of 2
This is to certify that twenty(20)days
have elapsed from date of decision,filed
without filingof e
ana al.
Date ,j / wd
Joyce A.Bradshaw lFitR)C)sgood St,Bldg 20-Suite 2-36,North Andover,Mil 018-4 5
TOWD CION Phone-978-688-93;41 Fax-978-688-9542 Web-wAAA-.townofnorthaxldc)ver.com
Town of North Andover
ZONING BOARD OF APPEALS
Alhe�1 P. 1tauzi III, Fsc1, (11aimmn i
E'.ikrt P. Mclntvre, T in ("baitVan
Richard 1. Bicrs Esq l ferM %AORTH
O teen ,
Ioseph1),I aGrassc } a``•.r e�bFo
David R. Wrhsaer o �w -
1lioralas D IppoGto
+t
Richard M. Vaillmcourt.
Daniel S. Braese,Esq, 9ss'�GHU`�E� Rvwn.f;lerkTime Stamp
The Board finds that owing to circumstances relating to the shape and topography of the 1077 Osgood Street land
and the location of the retail structure on the land especially affects this land and structure but does not affect
generally the General Business(GB)zoning district in which it is located and a literal enforcement of the
provisions of Paragraph 7.3&Table 2 would involve substantial hardship,financial or otherwise,to the petitioner.
The Board finds that direct abutter Frank J.Ragonese, 1939 Great Pond Road,wrote a letter of support dated
April 16, 2008 and that there was no written or spoken opposition. The Board finds that the addition of the two
dry storage containers in the locations per above plan will allow for the preservation of the 15'residential
landscape screening. The Board finds that desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the intent or purpose of the North Andover
Bylaw.
Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry
of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as
requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must
abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building
permit as required by the Inspector of Buildings.
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.
f
No Andover Zoning Board of Appeds
rt P.Manzi,III,Esq.,Chairman
iter P.McIntyre, Vice Chairman
Richard J. Byers,Esq.,Clerk
Joseph D. LaGrasse
Associate Members
Thomas D.Ippolito
Decision 2008-006.
M35P27.
Page 2 of 2
1600 Osgood S1 Bldg*20-Brute 2-36, North Andover.MA 01845
Phone-979-099-9541 Fax-978-698-9.542 Web-kNw•w_t(i,,tivaiiiortlini)dover.coni
v'-
4 pORTk
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OPP— �° Town trf XQrt.h Anoyer
41 ,
*^ -* Office of the P � De
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garment
�ss a � CoMMWty Develarp3ment and Services DiviSiIDU
Osgood Landing
16DO-Osgood Std
BW
g.#20,Suft 2_3;6C
1!'(978)688-9535 C=North And w
over,h�Lassaclause!#s
t7t84�
F(978)688-9542 M
NOTICE OF DECISION
tiiag. L5W
Any appeal shall be filed Con/Com Health
within (20) days after-the Fire Chief Police Chief
date of filing this notice mi Town Clerk DPW/Engineers
the office of the Town Clerk. Surrounding Towns
Date of Hearing: 6/17/08&711108
Date of Decision: 7/2/2008
Petition of Angus Realty Trust, 1077 Osgood Street,North Andover,MA 01845
Premises Affected: 1077 Osgood Street, North Andover, MA 01845, within the General
Business Zoning District, Assessors Map 35,Lot 27.
Referring to the above petition for a Watershed Special Permit from the requirements of the Borth
Andover 7orning Bylaw, Section 4.136(3)c.
So as to allow to install two dry good storage containers and construction of a refrigerated
storage cooler within a portion of the 250'non-disturbance buffer zone located within the G-B
zoning district.
Ager 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:
Ale
Curt Bellavance,Director
John Simons, Chairman
Alberto Angles, Vice Chairman
Jennifer Kusek,Clerk
Timothy Seibert,regular member
BOARD OF APPEALS 699..9541 BUR.MG 658.9545 C0N=VATnON 6M9530 HEALTH Q"540 PLANNING UT-9535
The public hearing on the above referenced application was opened on June 17, 2008 by the
North Andover Planning Board.
On July 1, 2008 upon a motion made by Jennifer Kusek, and seconded by Timothy Seibert, to
gram a Watershed Special Permit to install two dry good storage containers and construction of a
refrigerated storage cooler within a portion of the 250' non-disdn berme buffer zone located
within the G B zoning district within the Watershed Protection District.
The ori application
� was filed with the Plarmng Board on May 15, 2008. 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 11.
The Planning Board voted on the motion by s vote of 4-0 in favor. A special permit issued
by the special permit granting authority requires a vote of a.t 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
Appendix.A
In accordance with 4.136 the Planning Board makes the finding that the intern of the Bylaw, as well
as its specific criteria, are met. This decision Specifically the Planning Board makes the following
FIN MGS OF TACT:
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 system.
b) The topography of the site will not be altered substantially.
C) Certification has been provided by a registered professional engineer that the renovations
will not have an effect on the quality or quantity of runoff entering the watershed protection
district.
d) The construction has been reviewed by the Town's consulting engineer, VBB, and with the
application of the erosion control measures, there will be no degradation to the quality or
quantity of water in or entering Lake Cochichewick
or any delineated wetlands.
e) ZBA approved a variance from Section 7,Paragraph 7.3 for yards setbacks.
2. There is no reasonable alternative location outside the Non Disturbance Zone for any discharge,
structffe or activity.
In accordance with Section.10.31 of the North Andover Zoning Bylaw, the pwm*] rd makes
the following FINDINGS OF FACT: Jr,C5 .:2i-
1077 Osgood Street—Watershed Special Permit
June 18,2008 .
Page 2
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 affect the neighborhood as the lot is located in a General
Business zoning district;
3., There will be no nuisance or serious hazard to vehicles or pedestrians;
4. Adequate and appropriate facilities are provided for the proper operation of the proposed
use;
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.
Upon reaching the above findings,the Planning Board approves this Watershed Special Permit
based upon the following SPECIAL CUNDMONS:
I. ZBA approved a variance from Section 7 Paragraph 7.3 for yards setbacks.
2) Prior to issmWee of a building permit:
a) A performance guarantee of$19000.00 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) All erosion control measures as shown an the plan must be,in`place and reviewed by the
Tcmm Planner.
3) 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.
4) In no instance shall the applicant's proposed construction be allowed to further impact the site
other than as proposed on the plan referenced in Condition# I.
5) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior a to commencing excavation.
Pn �g
7) 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
1077 Osgood Street—Wahxshed.Special Penait
June 18,2008
Page
f ti
8) This permit shall be deemed to have lapsed after a two- (2) year period from the date July 1,
2008 on which the Special Permit was issued, unless substantial use or construction has
commenced.
9) 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.
10) That all conditions of existing Special Permit relatedoto.this property shall remain enforced.
1) 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: Watershed Special Permit for Butcher Boy Madotplace
1077 Osgood Street,North Andover,Massachusetts 01845
Sheets C 1,Plot Plan; C2, Existing Conditions Plan; C3, Storage Container
Plan; C4,Erosion and Sediment Control Plan.
Prepared for: Angus Realty Corporation
Prepared by. Lynnfield Engineering,Inc_, Consulting EnvirmMental Engineers
199 Newbury Street, Suite 115
Danvers,Massachusetts 01923
Richard Barthelmes,#33017,PE
Scale: 1"=20'
Date: June 16,2008
1077 Osgood Street—wamshed special Permit
July 2,2008.
Page 4
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r . . �., HEARING NOTICE
NORTH ANDOVER PLANNING BOARD
In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North
Andover Planning Board will hold a public hearing as follows:
Purpose of Public Hearing: Application for Site Plan Review Special Permit under
Section 8.3 and for a Watershed Special Permit under
section 4.136 (3) Non-discharge buffer zone of the
North Andover Zoning Bylaw to permit the construction
of a parking lot expansion area and associated storm
water management system within the G-B zoning
district.
Applicant/Petitioner: Angus Realty Corporation
1077 Osgood Street
North Andover MA 01845
Address of Premises Affected 1077 Osgood Street(Butcher Boy)
Assessors Map and Lot: Map 35 Lot 27
Public Hearing Date&Time Tuesday, May 1, 2007 a@ 7:00 pm.
Location of Public Hearing Town Hall, 120 Main Street, 2nd floor conference room.
Information Available A copy of the plan and application is on file in the
Planning Board office at 1600 Osgood St., North
Andover, MA, and may be inspected Monday through
Friday 8:30 a.m. to 4:30 p.m.
Any person interested or wishirtg to be heard on the proposed plan should
appear at the time and lace designated above.
Pp P 9
Richard Nardella, Chairman
North Andover Planning Board
Publish: Eagle Tribune -Tuesday, April 17, &24, 2007
Town of North Andover
ZONING BOARD OF APPEALS
Albert P.Manzi III Esq. Crrctirman
Ellen P.McIntyre., I'ice-ClJm man
Richard J.Byers,Esq.Clerk, e� NORrp#
StlD e
Joseph D.IaGrasse 3r „a.e »•.,e p` cr � ,
David R Webster
Assaaate llenrbe,s x ,� '
Thomas D.Ippolito
Richard M.`'ailtancourt
Daniel S.Braese,Esq. SSACHusE�
Legal Notice
North Andover,Board of Appeals
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public
hearing in the Meeting Doom of Town Hall, 120 Main Street,North Andover, MA on
Tuesday the I&of June, 2008 at 7:30 PM to all parties interested in the application of
Angus Realty Trust, 1477 Osgood Street(Map 35,Parcel 27),North Andover,MA
requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the
Zoning Bylaw for relief from the requirements for rear setback in order to install two dry
goods storage containers.
Said premise affected is property with frontage on the East 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 May 26&June 2, 2008.
Legalnotice 2008-006.
M35P27.
I
1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.to"ofnorthandover.com
Y
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT
CIVIL ACTION NO. 7-/416a r
FRANK J. RAGONESE, )
Plaintiff )
V.
-A
RICHARD A. NARDELLA,ALBERTO ANGLES,JR., = )
JOHN SIMMONS,JENNIFER BORAX-KUSEK AND
RICHARD S. ROWEN, as they are members of the `) -�
North Andover Planning Board,
BUTCHER BOY MEAT MARKET,INC. = �,`
And ANGUS REALTY TRUST, _ _ ) ,u
Defendants
) I
NOTICE OF APPFAI
TO: Town Clerk's Office
Town of North AndoverTown Hall
400 Osgood Street
North Andover MA 01845
In accordance with M.G.L. c. 40A, § 17,please be advised that the above-captioned
action has been filed on August 7, 2007 in the Essex Superior Court, appealing the two decisions
of the Town of North Andover Planning Board, filed with the Town Clerk on July 23, 2007. The
decisions being appealed are: (1) site plan special permit granted to Angus Realty Corporation,
dated July 17, 2007, and (2) Watershed Special Permit granted to Angus Realty Corporation,
dated July 17, 2007. Both decision are in regards to the premises located at 1077 Osgood Street,
Assessor's Map 35, Lot 27.
A copy of the Complaint is attached hereto, all pursuant to G.L. c. 40A, § 17.
Respectfully submitted,
Frank J. Ragonese
By 1}is ttorney,
L onard F. Femin
BBO#162685
Alexander&Femino
One School Street
Beverly, MA 01915
(978) 921-1990
CIVIL ACTION DOCKET NO.(S) Trial Court of Massachusetts
COVER SHEET Superior Court Department
PLAINTIFF(S)
County: Essex
DEFENDANT(S) North Andover Planning Board
Frank J. Ragonese Butcher Boy Meat Market, Inc. ;
Angus Realty Corporation
ATTORNEY,FIRM NAME,ADDRESS AND TELEPHONE ATTORNEY (ff known)
Leonard F. Femino and Jerald A. Parisella
Alexander & F 1 9:Lemi ' One JchoyJ,8treet atthew A. Caffrey, Esquire
Roared of BalOUerseers number: LF 16285 46636416 of f rey & Smith
00 Essex Street, Lawrence, MA 01840
Origin cod designation
Place an x in one box only: 4. F04 District Court Appeal c.231, s.97&104 (After
1. F01 Original Complaint trial) (X)
❑ 2. F02 Removal to Sup.Ct. C.231,s.104 ❑ 5. F05 Reactivated after rescript; relief from
(Before trial) (F) judgment/Order(Mass.R.Civ.P.60) (X)
❑ 3. F03 Retransfer to Sup.Ct. C.231,s.102C (X) ❑ 6. E10 Summary Process Appeal (X)
TYPE OF ACTION AND TRACK DESIGNATION(See reverse side)
CODE NO, TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE?
CO2 Zoning Appeal ( F ) ( )Yes kA
The following is a full, itemized and detailed statement of the facts on wh to determine
money damages. For this form, disregard double or treble damage claims; indica it ges only.
TORT CLAIMS SSFjr
(Attach additional sheets as necessary 47A. Documented medical expenses to date: �
1. Total hospital expenses . . . . . . . . . . . . . . . . . . . . . . .
2. Total Doctor expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j€. . . . . . . . . . . . . . . . .
3. Total chiropractic expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $.
4. Total physical therapy expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
5. Total other expenses (describe) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . : . . . . . .
Subtotal $. . . . . . . . . . . ..
3. Documented lost wages and compensation to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ .
J.
Documented property damages to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ .
�. Reasonably anticipated future medical and hospital expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $. . . . . . . . . . . . .
_. Reasonably anticipated lost wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Other documented items of damages (describe)
$ . . . . . . . . . . . . .
a. Brief description of plaintiff's injury, including nature and extent of injury (describe)
$. . . . . . . . . . . .
TOTAL $. . . . . . . . . . . .
CONTRACT CLAIMS
(Attach additional sheets as necessary)
'rovide a.detaiied description of claim(s):
TOTAL $. . . . . . . . . . . .
PLEASE IDENTIFY, BY CASE NUMBER NAME AND CON N
COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR
COURT DEPARTMENT
"I hereby certify that 1 have complied with the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules on
Dispute Resolution (SJC Rule 1:18) requiring that I provide my c ents with information about court-connected dispute
resolution services and discuss with them the advantages and sadvantages of the various methods:'
Signature of Attorneyof Record - 7 rJ7
DATE:
,-- _._— ..,
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. UPERIOR COURT
IVIL ACTION NO.
-B
FRANK J. RAGONESE, � D
Plaintiff FpR tNES UPE�
HE COUNTY ple Ess T
V. AUG '" �007 Ex
RICHARD A. NARDELLA,ALBERTO ANGLES, JR.,
JOHN SIMMONS, JENNIFER BORAX-KUSEK,ANDCD1479 RICHARD S. ROWEN, as they are members of the
North Andover Planning Board, )
BUTCHER BOY MEAT MARKET, INC. )
And ANGUS REALTY CORPORATION, )
Defendants )
COMPLAINT AND APPF.AT
PTJRSTDANT TO M Cr T C 14APTFR 40A,SSFC"TIDN 17
1NTR QDT IC:TION
1. This is an appeal from two July 17, 2007 decisions of the North Andover Planning Board
approving a Site Plan Special Permit and Watershed Special Permit.
JURISDICTION
ISDICTION
2. Jurisdiction over the subject matter of this action is conferred upon this Court by M.G.L.
Chapter 40A, Section 17.
PARTIES
3. Plaintiff,Frank J. Ragonese(Ragonese), is the owner of property located at 1939 Great
Pond Road in North Andover, Massachusetts (Ragonese Lot). The Plaintiff is a person aggrieved
by the decision.
4. Defendant Richard A. Nardella, of 63 Hay Meadow, North Andover, Massachusetts is
Chairman of the North Andover Planning Board.
39. The proposed parking lot project is located within the Watershed Protection District,
North Andover Zoning Bylaw, Section 4.136.
40. The Watershed Protection Bylaws, Section 4.136, includes a 250 foot non-disturbance
zone and 325 foot non-discharge zone.
41. The trailers are currently located in a wetland buffer zone.
42. The North Andover Wetlands Protection Bylaw Section 3.4 requires a 25 foot no
disturbance zone and 50 foot no build zone.
43. The trailers are currently located within the above described no disturbance and no build
zone, thus are in violation of the North Andover Wetlands Bylaw.
44. If the trailers are to be moved to or be installed in a different location, they may be
located in the Wetland Protection District, (the Plans submitted to the Board do not show the
location of the trailers).
45. Pursuant to Section 4.136 of the Bylaw, construction of a new permanent structure in the
Wetland Protection District is allowed by special permit only after a grant of a variance by the
Board of Appeals.
46. The Board of Appeals has not granted a variance for the trailers located on the Angus
property.
47. The placement of said trailers in their current location violates the setback requirements
of the Zoning Bylaw, Section 7.3 and Table 2,which requires a 50-foot setback.
48. The location and placement of said trailers is the subject of pending litigation in the land
Court, Docket No. 06MISC 328227.
49. The Planning Board decision to permit the location of two permanent trailers is an
attempt to circumvent the judicial process and is made in contravention of the town Zoning
5
Bylaw, Wetlands Bylaw and M.G.L. Chapter 40A.
50. The plans submitted to the Planning Board do not show the location of the trailers that
were approved.
51. If the trailers that are currently located at the site are the subject of the special permit
granted July 17, 2007, then they are located within the 50-foot setback requirement noted in
Table 2 of the Bylaw.
52. Placing the trailers in said location would require a variance, not a special permit.
53. The trailers that are currently on the site run 24 hours per day, 7 days per week.
54. They constantly emit loud noises that are a disturbance to the Plaintiff,
55. The Plaintiff has made numerous requests of town officials, including the building
inspector, to take enforcement action against the Defendants and order removal of the trailers,
but the Town has refused to do so.
56. The Town has refused to take action to mitigate the noise emitting from the trailers.
C01 TNT T- GT._ C 40A SFC. 17
57. The Plaintiff repeats and realleges paragraphs 1-56 as if fully set forth therein.
58. The Board's decision to grant the Watershed Special Permit and Site Plan Special
Permit, and permit"two permanent storage trailers," exceeds its authority, as a matter of law and
fact and is arbitrary, capricious and an abuse of discretion.
C01 TNT 11- N1 TTS ANCF.
59. The Plaintiff repeats and realleges paragraphs 1-58 above, as fully set forth therein.
60. Butcher Boy owns and operates a retail business on land that abuts Ragonese's land.
61. On or about August 2000, this Defendant placed at its business's land abutting
Ragonese's property, two large refrigeration trucks(Units).
6
62. The two Units have not moved, except on rare occasion, since placed at this location.
The two refrigeration units have been improved, such that a cement platform has been
constructed on the ground that supports a pole to direct electrical lines from the refrigeration
units to the Butcher Boy property.
63. A roof has been constructed over a portion of the refrigeration units.
64. The refrigeration units have generators that run continuously each day.
65. The refrigeration units are used to support this Defendant's business.
66. Since about August 2000, Butcher Boy has carried on and still carries on upon its
premises these two refrigeration units, essential to its business operations. These units are
producing noise that is loud and constant, and thereby has caused and still continues to cause
great noises continuously day and night, thereby doing great damage to Ragonese's home. The
noise has become more of a nuisance over the past two years.
67. These noises have interfered with and still interfere with the comfort of Ragonese and his
family in the use of his home, makes it difficult to sleep,making it uncomfortable and impossible
to enjoy the ordinary use of his premises as a dwelling house.
COI TNT TTI—VIOLATION OF 110 CMR 7-1 n
68. The Plaintiff repeats and realleges paragraphs 1-67 above, as fully set forth therein.
69. Plaintiff requested North Andover officials and Defendants mitigate noise emitting from
the trailers located at the Butcher Boy Meat Market. Town officials have refused to take
enforcement action, and Defendant Butcher Boy has not mitigated said noise.
70. Massachusetts Regulation 310 CMR 7.10 prohibits the unnecessary emission of noise.
71. The provision of 310 CMR 7.10 are enforceable by the building inspector, board of
health, police and fire departments, see 310 CMR 7.52.
7
WHEREFORE, the Plaintiff demands that this Court:
l. Rule that the Board's decision is arbitrary, capricious and an abuse of discretion.
2. Enter an order annulling said decision of the Board.
3. That a preliminary injunction issue restraining the Defendant, Butcher Boy, from
continuing to operate the two refrigeration units on their property.
4. That a permanent injunction issue restraining the Defendant, Butcher Boy, from
continuing to operate the two refrigeration units on this property.
5. Grant such other relief as the Court may deem proper and just.
Respectfully submitted,
Frank J. Ragonese
By his attorney,
— �1111tda ,
L96nard F. Femino
B O#162685
Jerald A. Parisella
636416
Alexander&Femino
One School Street
Beverly, MA 01915
(978) 921-1990
8
NoatM
Town of North Andover +j*/�! r ~_ w E D
p Office of the Planning Department
Division of Community Developn IJUL 23 AM 8: 26
�as�c►►u5�`< 1600 Osgood Street ,
North Andover, Massachusetts 01845 T I � UHQR7li A800'' w ;
MASSAUUSt T 7S
Bldg. ZBA
ATTEST: Con/Com Health
A True Copy Fire Chief Police Chief
; ,...0 54� Town Clerk DPW/Engineers
Town Clerk
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: July 19, 2007
Date of Hem ing(s): May 1,thru July 17, 2007
Date of Decision: July 17, 2007
Petition of: Angus Realty Corporation, 1077 Osgood Street,North Andover,MA
01845
Premises Affected: 1077 Osgood Street, North Andover, MA 01845 within the General
Business Zoning District, Assessors Map 35, Lot 27.
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 sixty (60) space parking lot, installation of an underground storm water
management and drainage system, minor roadway improvements to the main access way, site lighting,
associated grading,extensive landscape work 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 Andover P ning Board
Richard Nardella, Chairman
John Simons, Vice Chairman
Alberto Angles, Clerk
Jennifer Kusek
1077 Osgood Sheet,Map 35 Lot 27
Site Plan Special Permit—Construction of parldng Lot
July 17,2007
On July 17, 2007 upon a motion made by John Simons and seconded by Jenader Kusek,the Planning
Board herein APPROVED the Site Plan Special Permit for the construction of a sixty(60)space parking
lot,installation of an underground storm water management and drainage system,minor roadway
improvements to the main access way,site lighting, associated grading,extensive landscape work and
other improvements shown on the"Plans"as defined below. The project lies in the General Business
Zoning District and is looted on real property shown on the North Andover Assessors Map 35,Parcel 27
and consists of approximately 320,080 s.f. (7.348 acres)of land with frontage on Osgood Street and Great
Pond Road. The Special Permit was requested by the Applicant,Angus Realty Corporation, 1077 Osgood
Street,North Andover,MA 01845.
This application was filed with the Planning Board on March 26, 2007. The Applicant submitted a
complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3,and 10.31 of
the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Applicant has filed with the
Planning Board all plans and reports required under the North Andover Zoning Bylaws, including but not
limited to the information required under Section 8.3 and 10.31 of the North Andover Zoning Bylaws.
During the review process,the Applicant and its professional consultants also submitted various revisions
to the plans along with various supplemental memoranda and correspondence in response to requests by
the Planning Board,the Board's peer review consultants,and by the various departments within the Town
of North Andover that reviewed the project. All of these plans,reports and correspondence are contained
in the Planning Board's files and are hereby incorporated by reference into the public record for this
hearing.
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 sixty (60) space parking lot. 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 Osgood Street will not significantly
increase traffic flow or volumes and (2) the parking tot design provides far adequate traffic flow,
safety,and sufficient pedestrian connections within the site.
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. (VHB). Refer to letter dated June
14, 2007 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from
entering Lake Cochichewick.
5) An Emergency Response Plan has been incorporated as part of this decision.
2
1077 Osgood Street,Map 35 Lot 27
Site Plan Special Permit-Construction of Parking Lot
July 17,2007
6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of
the Zoning Bylaw;
7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The project has been reviewed by the Division of Public Works and the outside consulting engineer,
Vanasse,Hangen Brustlin,Inc.
8) The applicant shall comply with the terms and conditions referenced in this Special Permit, the
August 31, 1989 Site Plan Special Permit, and the Site Plan Special Permit Modification granted on
September 27, 1991.
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:
1) Permit Definitions:
A) The"Locus"refers to the 320,080 s.f. (7.348 acres)parcel of land with land fronting on Osgood
Street as shown on.Assessors Map 35,lot 27, and also known as 1077 Osgood Street,North
Andover,Massachusetts.
B) The"Plans"refer to the plans prepared by Lynnfield Engineering dated April 30,2007,revised
5/22/07, 5/24/07,and 7/5/07 entitled"Butcher Boy Marketplace, 1077 Osgood Street,North
Andover,Massachusetts 01845"and consisting of sheets Cl-C7,El-E2,LTG Calc,and Ll
(revised 7/5/07).
C) The"Project"or"1077 Osgood Street"refers to the construction of a sixty(60)space parking lot,
installation of an underground storm water management and drainage system,minor roadway
improvements to the main access way,site lighting,associated grading,extensive landscape work
and other improvements shown on the"Plans"as defined above.
D) The"Applicant"refers to Angus Realty Corporation,the applicant for the Special Permit.
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 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"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 all 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.
3) The applicant shall designate an independent construction monitor who shall be chosen in
3
1071 Osgood Street,Map 35 Lot 27
Site Plan Special Permit-Construction of Parking Lot
July 17,2007
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" 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) The site as described in Condition 1(A) is permitted a maximum of two permanent storage trailers.
No additional permanent storage of trailers will be allowed on site. Temporary storage trailers maybe
allowed for up to two-weeks during holidays and busy periods of operation. This condition is subject
to firture zoning amendments pertaining to the outside storage of products/goods and the use trailers
for this purpose. This decision shall be in compliance with the most current Zoning and General
Bylaws for the Town.
5) 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) 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.
6) 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-constriction meeting must be held with the developer, their construction employees,
Planning Department, Building 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 approved plans of the Planning
4
1077 Osgood Sheet,Map 35 Lot 27
Site Plan Special Permit—ConsMxtion of Parking Lot
July 17,2007
Board, the developer is required to present the changes through a public hearing to the Planning
Board for a modification to site plan approval.
G) A site opening/erosion control bond shall be in the total amount of five thousand dollars
($5,000.00) 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 6(FI).
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, 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.
1) A bond in the amount of five thousand dollars ($5,00000) 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.
7) 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) 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.
8) 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; especially at the corner of the
intersection where any new projects are being constructed.
B) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt, wood,
construction material, etc.)and must be shown on plan and reviewed andaPP Y
roved b the Town
Planner. The developer will make every effort to locate stockpiles on the site away from the Lake
5
1079 Osgood Street,Map 35 Lot 27
Site Plan Special Permit—Construction of parking Lot
July 17, 2007
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.
9) 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.
C) Emergency Response Plan to be filed and posted in obvious location such as Fire Department,Police
Department and Planning Department.
10)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
11)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) If applicable,tree cutting shall be kept to a minimum throughout the project to minimize erosion
and preserve the natural features of the site.
6
1077 Osgood Street,Map 35 Lot 27
Site Plan Special Permit-Construction of Parking Lot
July 17, 2007
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
with the Planning Board to provide an update 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) 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.
No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
1) 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 maintenance testing and inspection.
L) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the parking lot, 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 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 (July 17, 2007), exclusive of the time required to pursue or await
determination of any appeals, unless substantias use or construction has commenced within said
two year period or for good cause.
P) The applicant must comply with the conditions set forth in the Watershed Special Permit approved on
July 17,2007 related to this project.
Q) This Site Plan Review Special Permit approval is based upon the following information which is
incorporated into this decision by reference:
I. Plan titled: Butcher Boy dace
1077 Osgood Street
North Andover,MA
7
1477 Osgood Street,Map 35 Lot 27
Site Plan Special Permit—Construction of Parking Lot
July 17,2007
Prepared for: Angus Realty Corporation
1077 Osgood Street
North Andover,MA
Prepared by: Lynnfield Engineering,Inc.
199 Newbury Street, Suite 115
Danvers,MA 01923
Scale: I"=40'and I"=30'
Date: April 2007,Revised 4/30/07,5/24/07
Sheets: C1—C7,El —E2,LTG Calc,and Ll (revised 7/5/07)
Report titled: Responses to Comments
Proposed Parking Lot Expansion
1077 Osgood Street
North Andover,MA
Prepared for: Angus Realty Corporation
1077 Osgood Street
North Andover,MA
Prepared by: Lynnfield Engineering,Inc.
199 Newbury Street, Suite 115
Danvers,MA 01923
Daze: May 25,2007
Attachments: Figures
Attachment 1—Emergency Response Plan
Attachment 2—Stormwater Analysis and Calculations
Attachment 3—Inspection and Maintenance Plan
cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
Planning Board,,
c_.
Police Chief `=►
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NORrM RECEIVED
Town of North Andover TMtf
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1600 Os$g ood Street � ',..., .,r
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North Andover,Massachusetts 01845 NORTH
MASSACHUSP.T'
NOTICE OF DECISION
ATTEST:
A True Copy
,.
Any appeal shall be filed PY-0 ed Town Clerk
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: July 199 2007
Date of Hearings: May 1,thru July 17, 2007
Date of Decision: July 17,2007
Petition of: Angus Realty Corporation, 1077 Osgood Street,North Andover, MA
01845
Premises Affected: 1077 Osgood Street,North Andover,MA 01845 within the General
Business Zoning District,Assessors Map 359 Lot 27.
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 sixty(60) space parking lot, installation of an underground storm water
management and drainage system, minor roadway improvements to the main access way, site lighting,
associated grading, extensive landscape work in the Non-Disturbance Zone of the Watershed
Protection District.
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:
C�244LAe
/F F•
North Andover PlaAng Board
.Richard Nardella,Chairman
John Simons Vice Chairman
Alberto Angles,Clerk
Jennifer Kusek
1077 Osgood Street,Map 35 Lot 27
Watershed Special Pernut-Construction of Parking Lot
July 17,2007
The public hearing on the above referenced application was opened April 9,2007 and closed by the North
Andover Planning Board on July 17, 2007. Robert Barthelmes, Lynnfield Engineering, appeared on
behalf of the petitioner Angus Realty Corp.
On July 17, 2007 upon a motion made by Alberto Angles and seconded by John Simons 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. This Special Permit was requested by Angus Realty Corporation of
1077 Osgood Street, North Andover, MA on March 27, 2007. 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:
I. 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 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.
B) The storm water management and drainage system is connected to the Town sewer and water
systems.
C) A deed restriction will be placed limiting the types of fertilizers that can be used on the site.
D) The topography of the site will not be altered substantially.
E) 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.
F) 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 construction parking
area was constructed 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 letter dated June 14,
2
I c77 Osgood Street,Map 35 Lot 27
Watershed Special Permit Construction of Packing Lot
July 17,2007
2007 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from
entering Lake Cochichewick.
G) 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
stoimwater management designs,there will be no degradation to the quality or quantity of water in or
entering Lake Cochichewick. 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,VHB. Refer to
letter dated June 14,2007 from VHB. Further, adequate safeguards have been provided to mitigate
pollutants from entering Lake Cochichewick.
2) There is no reasonable alternative location outside the Non-Disturbance Zone for any discharge,
structure or activity.
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 looted in a General Business zoning
district;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
4) Adequate and appropriate facilities are provided for the proper operation ofthe proposed use;
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.
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 320,080 s.f. (7.348 acres)parcel of land with land fronting on Osgood
Street as shown on Assessors Map 35,lot 27, and also known as 1077 Osgood Street,North
Andover, Massachusetts.
B) The"Plans"refer to the plans prepared by Lynnfield Engineering dated April 30,2007,revised
5/22/07, 5/24/07,and 7/5/07 entitled`Butcher Boy Marketplace, 1077 Osgood Street,North
Andover, Massachusetts 01845"and consisting of sheets C1—C7,E1 -E2,LTG Calc,and Ll
(revised 7/5/07).
3
15D77 Osgood Street,Map 35 Lot 27
Watershed Special Permit—Construction of parking Lot
July 17, 2007
C) The"Project"or"1077 Osgood Street"refers to the construction of a sixty(60)space parking lot,
installation of an underground storm water management and drainage system, minor roadway
improvements to the main access way, site lighting,associated grading,extensive landscape work
and other improvements shown on the"Pians"as defined above.
D) The"Applicant"refers to Angus Realty Corporation,the applicant for the Special Permit.
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 granted July 17,2007.
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) 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 the approved July 17, 2007 Site Plan Review Special Permit for the
project.
C) 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.
D) No road salt,sodium chloride,or other de-icing chemicals shall be used on paved surfaces within the
entire site(protected watershed area),and any arrangement for snow removal shall so stipulate due to
the importance of the site&its proximity to the Lake. Further,snow stockpiling is prohibited within
50 feet of any/all wetland resource ares in the site. Permanent signs designating "No-Salt Zone"
and"No-Snow Stockpiling Zones"shall be displayed in prominent locations etc.
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 trettches 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.
5) In no instance shall the applicant's proposed construction be allowed to further impact the site other than
as proposed on the plan referenced in Condition#10.
4
1077 Osgood Street,Map 35 Lot 27
Watershed Special Permit—Construction of Parking Lot
July 17,2007
6) The applicant must comply with the conditions set forth in the Site Plan Review Special Permit approved
on July 17,2007 and the Conservation Commission related to this project DEP File#242-1391.
7) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
8) The Contactor 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, its
employees and all successors and assigns in interest or control.
10)This Special Permit approval shall be deemed to have lapsed July 17, 2009 (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.
11)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: Butcher Boy Marketplace
1077 Osgood Street
North Andover,MA
Prepared for: Angus Realty Corporation
1077 Osgood Street
North Andover,MA
Prepared by: LynnSeld Engineering,Inc.
Danvers,MA 01923
Scale: I"=40'and I"=30'
Date: April 2007,Revised 4/30/07, 5/24/07
Sheets: C1—C7,El—E2,LTG Calc,and Ll (revised 7/5/07)
B) Report titled: Responses to Comments
Proposed Parking Lot Expansion
1077 Osgood Street
North Andover,MA
Prepared for: Angus Realty Corporation
1077 Osgood Street
North Andover,MA
Prepared by: Lynnfield Engineering,Inc.
199 Newbury Street,Suite 115
Danvers,MA 01923
Date: May 25,2007
Attachments: Figures
Attachment 1—Emergency Response Plan
Attachment 2—Stormwater Analysis and Caladations
Attachment 3—Inspection and Maintenance Plan
cc: Director of Public Works
Building Inspector
Town Manager
5
1977 Osgood Street,Map 35 Lot 27
Watershed Special Permit—Construction of Parking Lot
July 17, 2007
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
I
J
"yV
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6
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tN61N[ RIN6;
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integrating design, expertise and technology
199 Newbury Street, Suite 115 • Danvers, MA 01923
978.777.7250 Ext. 12 • Fax 978.777.8650 Letter of Transmittal
rbartheimes@lynnfieldeng.com
ti
To: Zoning Board of Appeals Date: May 15, 2008
Town of North Andover Job No.: LEI Job No. 364-30
120 Main Street Subject: Butcher Boy Marketplace
North Andover, MA 01845 North Andover, MA
We Are Sending You: ® Attached ❑ under separate cover By Means of: Hand Deliver
❑ Prints ® Plans ❑ Samples
❑ Shop Drawings ❑ Copy of letter ❑ Change Order
❑ Specs ® Other:
OPIES DATE N• DESCRIPTION
10 5/15/08 Application for a Variance
4 Sets of mailing labels to abutters w/certified abutters list
24 $0.42 first class stamps for the decision mailing
1 Original Mylar
❑ For approval Approved as submitted ❑ Returned after loan ❑ Resubmit for approval
® For submission ❑ Approved as noted ❑ For your files ❑ Submit for distribution
❑ As requested ❑ Returned for corrections ❑ For bids due ❑ Return corrected prints
Remarks:
RI and B rtheimes, P.E.
c: Town Clerk, Town of North Andover
w/original of Variance Application
Alan Yameen, Angus Realty Corp.
w/one copy of Variance Application
W E
Y
752008
' D OF APPEALS If enclosures are not as noted, please notify us at once
K:\364-30\Carr\Zoning Board of Appeals_051408_lot_Variance.doc
\......JJJ 20,02 fli Ay 36
APPLICATION FOR A VARIANCE
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
BUTCHER BOY MARKETPLACE
1077 OSGOOD STREET
' NORTH ANDOVER, MASSACHUSETTS
1
Prepared For:
Angus Realty Corporation
9 Y P
1077 Osgood Street
North Andover, Massachusetts 01845
Prepared By:
Lynnfield Engineering, Inc.
199 Newbury Street, Suite 115
Danvers, Massachusetts 01928
May 15, 2008
MAY 15 2008
' BOARD OF APPEALS
1
TABLE OF CONTENTS
Town of North Andover Zoning Board of Appeals Application for a Variance
Memo to Town of North Andover Zoning Board of Appeals from Angus Realty -
Corporation dated May 12, 2008 regarding 1077 Osgood Street Variance Application,
Points A-F
FIGURES
Plot Plan of Land
C-2 Existing Conditions Plan
C-3 Storage Container Plan
ATTACHMENTS
1 Zoning Bylaw Review Form
2 Abutter Correspondence
3 Board of Appeals Decision dated September 24, 1985
1 4 Abutters List
1
i
1
1
_i-
1 K:\364-30\Reports\051308_Variance App\toc.doc
No Jnr
!Q A
C
K •1 .1?„Lu. 4 .
TOWN OF NORTH ANDOVER VARIANCE
sRCNU`+tt
ZONING BOARD OF APPEALS
NAME:
ADDRESS OF APPEAL:
Tavtt Crerrc Time Stamp
Procedure & Requirements
for an Application for a Variance
Ten (10)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND
submitted thirty 30 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 for publication in the newspaper. The petitioner is
specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the
Rules and Regulations and is not meant to cost of the Party in Interest fee.
supersede them. The petitioner will complete i#ems
that are underlined .STEP 7•DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office
STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal
The petitioner applies for a Building Permit and nottice to the local newspaper for publication.
receivers a Zoning Bylaw Denial form completed by the
Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
STEP 2: VARIANCE APPLICATION FORM• The petitioner should appear in his/her behalf, or be
Petitioner completes an application form to petition the represented by an agent or attorney. In.the absence of
Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the
required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using
completed. the information it has received to date.
STEP 3: PLAN PRt~PARATiON• STEP 9: DECISION:
Petitioner submits all of the required plan information as After the hearing,a Copy of the Board's decision will be
cited in page 4,section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
STEP 4. OBTAIN LIST OF PARTIES IN INTEREST. General Law ch.40A§ 17,within twenty(20)days after
The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk.
a certified list of Parties in Interest(abutters).
STEP'I0: RECORDING THE DECISION AND PLANS.
STEP 5: SUBMIT APPLICATION,• The petitioner is responsible for recording certification of
Petitioner submits one(1) original and ten(10)Xerox the decision,the Mylar,and any accompanying plans at
copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 384
Office to be certified by the Town Cleric with the time Merrimack St.Suite#304, Lawrence MA, 01843 and
and date of filing. The original will be left at the Town shall complete the Certification of Recording form and
Cleric's Office, and the 10 Xerox copies will be left with forward it to the Zoning Board of Appeals and to the
the Zoning Board of Appeals secretary. Building Department.
IMPORTANT PHONE NUMBERS:
978-68&9533 Office of Community Dev.&Services North Andover Town Hall
1600 Osgood St., Bldg.20,Suite 2-36 120 Main Street
North Andover, MA 01845 978-688-9501 Town Cleric'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 Bo q9f Appeals Office PAGE 1 of 4
MAY l P'5`d8.
ARD'aOF APP9')4q,
PAGE 2 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E
1. Petitioner: Name, *Address and telephone number:
Angus Realty Trust 1077 Osgood Street North Andover MA 01845
978-688-1511
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:
An us Realt Trust 10 1 7 N rth n ver M
97R_tiRR_1511
Years Owned Land: since 1959
3. Location of Property:
a. Street: 1 077 Osgood Street Zoning District: Gg
b. Assessors: Map number: 35 Lot Number: 27
c. Registry of Deeds: Book Number: 912
Page Number: 443
i
4. Zoning Bylaw Section(s)*under which the petition for the Variance Is made.
Section 7, Paraaranh 7 1Yards (Setbacks) of Table No 2 _
summary of Dimensional Requirements and fnntnnte Ho. 2 r
i *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner,
5. Describe the Variance request:
Reduction in rear yard setback from 50 feet to 18 feet
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.failure by the applicant to describe the request clearly
1 may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will
not Involve additional items not Included above.
6A. Difference from Zoning Bylaw requirements:. Indicate the dimension(s)that Will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side.B Rear
t A.
18. 4
B
Page 3 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS app i�
��.�,.',` �catron for a VARIAIVGE
6 B. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
1 Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
320, 080 180, 841 44% 679 2008 122.6 89. 5 99 .4 54.8
6 C. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft, Sq. Ft. Coverage Feet spaces Front Side A Side B Rear
320, 080 180, 841 44% 679 2008 122. 6 89.5 89.3 18.4
' 6 D. Required Lot: (As required by Zoning Bylaw&Table 2)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
25, 000 16, 250 35% 125 159 25 25 25 _ o
7A. Existing Building(s):
' Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building* of Units"
30, 495 1
20 .30, 495 Retail Establ ; hm nt 8
1 "Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s).
7B. Proposed Building(s):
' Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building* of Units"
480. 1 8 ' +/- 480,._ Storage Ancillary to NIA
' Retail Establishment
"Reference Uses from the Zoning Bylaw&Table 1.
"State number of units in building(s).
S. 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 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 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 a Zoning Board of this appii do as incomplete.
Signa ure/
&-I.�6"JW
Type above names here: will a Yameen
' PAGE 4 OF 4
9. WRITTEN DOCUMENTATION VARIANCE
*10. B.*Plan Specifications:
Application for a Variance must be supported by a
legibly written or typed memorandum setting forth in n Size of pian: Ten.(10)paper copies of a pian not
to exceed 11"x17", Preferred scale of 1"=4i}'
detail all facts relied upon. When requesting a Variance
l A ch.40A,Sec.10.4 and IUD One(1)Mylar, with one block for Registry Use
from the requirements of MG
Only, and one block for five(5)ZEA signatures&date.
the North Andover Zoning By-laws,all dimensional III) Plan shall be prepared,stamped and certified by
requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please
supported. All points,A-F,are required to be note thatb lans Registered
addressed with this application. p Y a g Professional E ngineer,
Registered Architect,and/or a Registered Landscape
A. The particular use proposed for the land or Architect may be required for Major projects.
*10 C. *Required Features an Plan;
structure. n Site Orientation shall Include:
1 B. The circumstances relating to soli conditions,shape 1. north point
or topography of such land or structures especially 2. zoning district(s)
affecting the property for which the Variance is 3. names of streets
sought which do not affect generally the zoning 4. wetlands(if applicable)
' district in which the property is located. 5. abutters of property,within 300'radius
C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties
financial or otherwise, which results from literal within 50'from applicants proposed structure
enforcement of the applicable zoning restrictions 7. deed restrictions, easements.
' with respect to the land or building for which the In Legend&Graphic Aids shall include:
variance is sought. 1. Proposed features In solid lines&outlined in red
D. Facts relied upon to support a finding that reflef 2. Existing features to be removed in dashed lines
' sought will be desirable and without substantial 3. Graphic Scales
detriment to the public good. 4. Date of Plan
E. Facts relied upon to support a finding that relief 5. Title of Plan
sought may be given without nullifying or 6. Names addresses and phone numbers of the
substantially derogating from the intent or purpose applicant, owner or record, and land surveyor.
of the Ordinance. 7. Locus
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.asterisk(I. In some cases further Information may
10. PLAN OF LAND be required.
' Each 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 11.A. Notification fees,Applicant shall provide a
Cleric's Office and ZBA.secretary at least thirty(30)days check or money order to:"Town of North Andover"for
prior to the public hearing before the Zoning Board of the cost of first class,certified, return receipt($5.21 as
appeals. of May 2007)x#of all parties In interest identified in
MGLA ch.40A§11 on the abutter's list for the legal
A set of building elevation plans by a Registered notice check. Also,the applicant shall supply first class
Architect may be required when the application postage stamps(currently 41¢)x the#of parties of
involves new construction/conversion/and/or a interest on the abutter's list for the decision mailing.
proposed change in use. 1111-13. Mailing labels:Applicant shall provide four(4)
sets of mailing labels no larger than 1"x2-5/8"(3 copies
10.A. Major Projects for the Legal,and one copy for the Decision mailing).
Major projects are those,which involve one of the 11-C. Applicant shall provide a check or money order
following whether existing or proposed: to: °Town of North Andover"per 2005 Revised Fee
' 1)five(5)or more parking spaces, Schedule.
II)three(3) or more dwelling units,
10,IIp three
square feet of building area. A Variance once granted by the ZBA will lapse in
1 (one)year if not exercised and a new petition must
Major Projects shat! require,that i be submitted.
j n addition req � n to the 10B&
' 10C features,that the pians show detailed utilities soils
and topographic information. '
MEMORANDUM
TO: Town of North Andover
Zoning Board of Appeals
i
FROM Angus Realty Corporation
' DATED: May 12, 2008
' RE: 1077 Osgood Street
Variance Application, Points A-F
' A. The Variance request is for the
q proposed use of two dry storage containers to be
placed on grade - one 8' x 20' and the other 8' x 40' —for a total of 480 square
' feet. The storage containers will be an accessory use to the business of Butcher
Boy Meat Market, Inc. and will replace two existing storage containers which
have been used historically at the site and are being relocated in order to install a
refrigerated storage facility.
B. The particular circumstances of the lot relating to soil conditions are not
' interfering, changing or altering in any way with any other abutting property and
will not alter the soil conditions provided the Variance is granted. Moving the
proposed storage facilities south of the proposed location would place the
1 facilities within the 325' non-discharge buffer zone and/or the 250' non-
disturbance buffer zone and/or the 100' non-disturbance buffer zone.
' The particular circumstances of the lot relating to shape are that the lot is
irregularly shaped and the only logical place to site the containers is behind the
existing building so as not to interfere with parking or traffic patterns on the
property.
The particular circumstances of the lot relating to topography, or to the structures
' specially affecting the property for which the Variance is sought are that the
proposed storage facilities will be built adjacent to the existing structure and
over a portion of the existing paved area which will not change the topography
' in a negative way of either the applicant's property or property of abutters. The
proposed 18' setback abutting a residential district will remain open and green,
be suitably landscaped,unbuilt upon, unpaved and non parked upon.
' The forgoing g Ing conditions do not affect generally the zoning district which the
land is located.
i '
K:\364-30\Reports\051308_Variance App\MEMO TO NORTH ANDOVER ZONING BOARD OF APPEALS(K0370609).DOC
C. The shape of the lot, wetland buffer zones, existing structures,parking spaces
and traffic circulation prevent the placement of the storage facilities at other
locations on the lot. Furthermore,placing the storage facilities behind the
existing structure will act as a natural screening from Osgood Street. The
additional storage is necessary as a result of the relocation of previous
refrigerated storage containers to a new refrigerated facility on the southern
portion of the building where similar storage facilities currently are located. See
' Frank J. Ragonese v. North Andover Board of Appeals, et al., Land Court Case
No. 328227, regarding the required removal of refrigerated storage facilities.
The failure to grant the Variance will result in substantial hardship, financial or
' otherwise, which would result from the literal enforcement of the Zoning By-
Law Section on this land or use if this Variance relief is not granted.
' D. Granting of the Variance will allow the storage facility to be placed at the rear of
the existing building less visible from the public ways and alleviate the Butcher
Boy's storage space constraints. The direct abutter to the proposed storage
' facility, Frank Ragonese, has reviewed the proposed locations of the storage
facility and supports the granting of the Variance. (See letter of support included
with Application.) The foregoing will support a finding that the relief sought
' will be desirable without substantial detriment to the public good.
E. Approval of the proposed storage facilities is desirable in alleviating storage
' constraints at the site. The proposed facilities will not interfere with abutters and
have the support of the direct abutter to the site which support a finding that the
relief sought may be given without nullifying or substantially derogating from
' the intent or purpose of the Zoning By-Law.
F. Not applicable.
1
1
2
' K:\364-30\Reports\051308_Variance App\MEMO TO NORTH ANDOVER ZONING BOARD OF APPEALS(K0370609).DOC
� I
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I
E
A1081 OR FMIERLY
1Am
MWAN McAVALLY
- NOW OR FORMERLY FARED
FRONT YARD — 25' BOUC/�R ,
NOW OR FORMERLY TORI NOW OR FORW LY
SIDE YARD — 25 McCAR774Y
REAR YARD — 35'+15'=50'
FREOEC FONTE�w
341.26'
j 217.28'
_' LOT GE OF AVEAdENT
s 1�� , � �• o AREA-320,080f S.R. X15
` ' - v2
(7.348± A�iR CRES) 2 N�OSEPH PELfCHLY
NOW OR FORMERLY JOAN
k �. KEK TY
$e NOW OR FORMERLY NOW OR FORWRLY PAUL
>- CELESTIAL REALTY TRUSTLA wsoN
Q 2
�� 40.5' �• D S'X20'
g.o' SWRAGE CONTA*IER FOR REGIS T?Y USE ONL Y
WKISLc4+ Q W
t ' x 0` .s' s PROPOSED &'X40' NORTH ANDOVER 1. T7-IIS PLAN DOES NOT REPRESENT A CONFIRMA TION OF
srORAGE COKrAMER ZONING BOARD OF APPEALS Sea LDY TENDED ro DEPfCC T RMINAOFFSET DIMENOF 77 E S IS
OF`
O� r82�" 6 THE PROPOSED ADDITION, TO THE BOUNDARY LINES AS
�. DEPICTED ON PLAN No. 9848 RECORDED AT THE ESSEX
NORTH REGISTRY OF DEEDS
f
62. THE SUBJECT PROPERTY IS DEPICTED AS LOT 27 ON
NOW OR FORA.4�TRLY NORTH ANDOVER ASSESSOR'S MAP 35.
I TOW OF AfORrH
PM0U AIWR J. THE SUBJECT PROPERTY IS LOCATED IN GENERAL
T CT7 (PUMP STA VON) BUSINESS (GB) ZONING DISTRICT
w w
M R 1077 OSGOOD STREET
�o R� o b 3�.� PLOT PLAN . OF LAND
D OLS
'
CC ,. 0.00 TO ACCOMPANY REQUEST FOR A VARIANCE
` EASEMENT DA LOCA TED /N
) YY NORTH ANDOVER, MASSACHUSETTS
p0VTE COUNTTYII� ESSEX COUNTY
� 429 95IG��A �`�R VAR5� WID
� �p� PREPARED FOR
l DECLARE, TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, ANGUS REALTY CORPORATION
INFORMA 770N, ANO BELIEF, TNA 7 THE PROPERTY LINES DEPICTED
ARE THE LINES DIVIDING EXISTING OWERSHIPS, AND THE LINES SCALE. lm-- 100' DATE: APRIL 25, 2008
ate= LAAE'" COCHICLIEA�IC1- OF STREETS AND WAYS DEPICTED ARE THOSE OF PUBLIC OR 50 0 50 100 200
'
AN—GUS REALTY CORPORATION PRIVATE STREETS AND WAYS ALREADY ESTABLISHED, AND THAT
1077 OSGOOD S]REET NO NEW LINES FOR DIVISION OF EXISTINGOWNERSHIPS OR FOR
NORTH ANDOVER MASSACHUSETTS 01845 I DECLARE, TO THE BEST OF MY PROFESSIONAL NEW STREETS AN¢ 44RE DEPICTED. E R I D I A N
— DEED BOOK 912, PAGE 443 KNOWLEDGE, INFORMA 770N, AND BELIEF, TNA T ( MASS GEN. q SECT. 81—X )
— DEED BOOK 3971, PAGE 253o�
THIS PLAN WAS PREPAR /N ACCORDANCE KEVIN c
— PLAN No. 12350
— PLAN No. 12121 W THE RULES AND EG LA TIONS OF THE _ D E.H ASS 0 C I A S INC. sm
.f-� � h7 isz coxarrr sr r sMASSA Hurts S
! REGISTERS F DEEDS �/ BEVERLY, �cessAc�usrrrs 01915 I3f.H, xassAcaus�rrrs 01581
PLAN No. 9848 ��•n� TELEMIM: (978) 299-0447 TELBPMNE: (508) 871-7030
* DENO TES DOCUMETS RECORDED A T THE
(/ 9 WWW.UZRM A M.COM
ESSEX NORTH REGISTRY OF DEEDS. F&k IFIDMN A TES, G. DA TF FOR ME ES, INC. DA TE DWG No. 2592iba3.DtWG BK. 147 PG. 53
' , 1 NOW OR FOAWERLY
FRANK U RAGONESE
\ , RNV.(OUr)+13AB7' R#4-134.03INV \
� S1M/G CYA @'H1GFN 57001fADE NNY. 1N+12173
ak W-10 -aG FENCE RNV. OUT-f2.17B(PUMP SrAIXW)
ml on
.. ,Yrmo*\\ rz
W400H PONT 60•p0
` IW-4 5 OF STAKE BOUND W774 ACo.
DRKL HOLE FWAID -18 OS
ELEYAn4W-131.BB' \ g tD
s w '�
' NOW OR FLI4MERLY
s S7E/NBERG
33 D)
13
o J v
7 f37 \ J� Q '�
Jr+1i��.0
." aW y C�JJ..C���� LIMIT OF WETLANDS
• C65 GAS 60 OFFSET 100' NON DISTURBANCE SETBACK
a".. 113:8 4 �+ !� ESTIMATED MHW SETBACK
AIL GRANITE CURB
� rO O
LIMIT OF STORMWATER DETENTION SYSTEM
PROPOSED HAYBALES & SILT FENCE L11►
` 4 250' NON DISTURBANCE SETBACK aC
FORMERLY EX/S71NG CAt1MERCN.AL BUNGING
DAN/EL A. &,pAAAVE �'� - ^ ' ' 1 N O 325' NON DISCHARGE SETBACK ,Q jy g
NOW OR
' MaCAR7HY ` N 1 a. !IF 1/7• ,�. Q al YA7f0AaV 7HE'WWAVNOTES: �- Q2
HJ � BY M��pG/NQ O a
AV SEPTEMBER?$ 1994 1. WETIAND DELINEATKIN PERFORMED BY EPSILON ASSOCIATES, INC.. m o 0-
2.
O I
_Ja- y —ji., �G-- -+- 1�, MAYNARD, MA. ON MAY 6, 2006. I��+
` 1 2. FIELD SURVEY OF WETLANDS COMPLETED BY GEOD CONSULTING, O D
N Thr, f0 icy f0N7ERG�- 1 BURLINGTON, MA. ON MAY 23, 2006.
®ZY w ` 3. SURVEY UNABLE TO ESTABLISH MEAN HIGH WATER MARK DUE TO FLOODING. .�
of r
WF 1/4 4, BASE PLAN FROM DRAWING TIRED 'RECORD CONDITIONS PLAN LOCATED
FF'''• LA t @ 37/RbBS IN NORTH ANDOVER,MASSACHUSETTS' PREPARED BY MERIDIAN ff
v OMtf 4' ` ASSOCIATES, INC. PEABODY. MA. DATE6 MAY 20, 1996- m 2 2
w �
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13 O�� _ � .
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to wi�ss
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o
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212CB43 y 133 'lO� L t y
2/3 �C
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+ GRAPHIC SCALE ` m m
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Y �2 80 0 40 BO •� j
c>R>�� � C—,2
1.ince+Ib n
PRO"T Na LE 364-40
x wa I
ZQ
/ J NOW OR FORMERLY W W ,`E"v
FRANK J. RAGONESE ♦ 2 ,�
V(IN)=1 x.09' I I'9 ,* SMH-4 2 k
1NV(OUT)=130.67' RIM=134.03 W a
ESr/NG ♦ INV, IN=126.53(BLDG) pNil
CUL R 6' HIGH SkCKADE INV IN=12J,73 LEGEND W t z tau ^
8 C I.
FENCE INV. OUT=123.78(PUMP
-2i WF-10 PROPERTY UNE '� �j o� •�
w O 41
WF-20 1 s — — LIMIT OFWETLANDS pZo ^
_ ^-- - - -- 100' NON DISTURBANCE SETBACK
250 OFFSET FROM r ESTIMATED MHW SETBACK
PROPOSED 8' x 40' ELEV. 113.67' \ r
\'W 6 WF-11 STORAGE CONTAINER to �� g ZONING DESIGNATION
WF-19 r ��2> N ___,�_ 250' NON DISTURBANCE SETBACK
325' NON DISCHARGE SETBACK R 111 BENCHMARK. HIGH POINT 00
WF-4 WF-5 OF STONE BOUND W1 TH /aO, q4HB PROPOSED HAYBALE BARRIER O b
DRILL HOLE FOUND +-
G� WF- ELEVATION=131.68' WF-18 S�- T�'QNp 86
12 CK : • TABLE OF DIMF•NSION REQUIREMENTS !y y
REQUIRED BY 70NWQ P °�,POSEQ
JJ j GR AS LOT AREA (SF) 25,000 320,080
P\O WF-13 - 1`J ` M STREET FRONTAGE (FT) 125 679 Kg ER�- FRONT SET BACK (FT) 25 122 4 y o S
6 m 5 laROUND ' BUIL.DING HEIGHT (FT) 45 10
/ ,S•
;w 3yL SIDE SETBACK ( 25 89/69 'Q
-1 1 ,� ♦ �,
REAR SETBACK (FT) 50 18/65
U? - CA �� \, LOT COVERAGE (%) 35 44(3) 2
' 2 .0 w t I \ Q
H % 3' M1N FROM ANNUAL HIGH WATER MARK OF
LAKE COCHICHEWICK:
_ NON DISTURBANCE 250(1) 240
♦� PROPOSED 8' X 20' P1 .17 GM c>J BUFFER ZONE (FT) g
-C 6 STORAGE CONTAINER >� C ii: ;4f3 MIN BU°FN'FEDRISZM�? FT) 325 >325(2)
15 RCP 50 OFFSET FR M
-- ELEV. 113.67 4 M
p.7M '�I \ FROM EDGE OF ALL WETLAND RESOURCE AREAS
173 PROPOSED STORAGE WITHIN THE WATERSHED DISTRICT: r;
GAS METER � COOLER N 1000) <too
PROPOSED CLF ,.� \ , Bu°�FE�
ENCLOSURE W/ 4 GATE PROPOSED HAYBALE �u°F�FER°��Z Ic�Fr) 325 >325(2) $
% �.'' BARRIER
�.�' (1) PARKING LOT ALLOWED WITHIN 150' OF ANNUAL HIGH WATER
. '� MARK OF LAKE COCHICHEWICK PER BOARD OF APPEALS NOTICE M
' OF DECISION DATED SEPTEMBER 24, 1985.
y� �0'' ' (2) STORMWATER DISCHARGED OUT$fDE THE WATERSHED OF LAKE
.. COCHICHEWICK.
•.. 1____ .••' EXISTING COMMERCIAL BUILDING (3) EXMTING LOT COVERAGE IS a4%.
�+ 325' NON DISCHARGE i 250' NON DISTUR84NCE PARKING INFORMATION: 2
i; BUFFER ZONE BUFFER ZONE Q
B3 Y OF SPACES E.
EXISTING Z
�?I / TOTAL REQUIRED (1) 159 159
(1) ASSUMES RETAIL USE a
O
Ln FIT
qj — —
_ a> uk, 333 : '
GRAPHIC SCALE
r 3
Y 40 a zo +o
I '' OWN&
(Drrm) �� C-s
PRC,ECT Na LE J64-40
ATTACHMENT NO. 1
' Zoning Bylaw Review Form
1
1
1
a a aa a a a a a as a al la a a a a a a
t NORTp Zoning Bylaw Review Form
° t ° •''" Town Of North Andover
p Building Department
* 1600 Osgood Street Building 20,'Suite 2-36
North Andover, MA. 01845
�sS'1CH° Phone 978-688-9545
Fax 978-688-9542
Street: 1077 Osgood Street
Ma /Lot: 35/27
Applicant: Angus Realty Corporation
Request: Construction of refrigerated storage cooler&installation of 2 containedry goods storage
rs
Date: 3/19/08
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
A Lot Area Notes
F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting X 2 Frontage Complies X
3 Lot Area Complies X 3 Preexisting frontage X
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed G Contiguous Building Area
2 Not Allowed 1 Insufficient Area .
3 Use Preexisting 2 Complies
4 Special Permit Required X 3 Preexisting-CBA X
5 Insufficient Informatio
n 4 Insufficient Information .
C Setback H Building Height
1 All setbacks comply 1-. Height Exceeds Maximum
2 Front Insufficient , 2 Complies X
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient X I Building Coverage
6 Preexisting setbaek(s) 1 I Coverage.exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting X -
1 Not in Watershed 4 Insufficient Information
2 In Watershed X j Sign NA
3 Lot prior to 10/24/94 X 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information 3 Insufficient information
E Historic District K Parking ' NA
1 In District review required 1 More Parking Required
2 Not in district X 2 - Parking Complies
3 Insufficient Information
Remedyfor the above is checked below.
Item# Special Permits Planning Board Item-# Variance
Site Plan Review Special Permit C-S 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 S ecial Pei emits Zoning Board
Independent Elderly Housing Special Special Permit Non-Conforming Use ZBA
Permit
Large Estate Condo Special Permit Earth Removal Special-Permit ZBA
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-
Conformin
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 Narrcative"shall be
attached hereto and incorporated herein by reference. The building department will retain all plans and documentation
for thebove file.You mu t a /evoullding permit application form and begin the permitting process.
5uPhag epartmeOfficial Signature Application Received AplAcatidfi Denied
Denial Sent: If Faxed Phone Number/Date:
� � f♦ f♦ (� � � i� � � � i� !♦ � � � it � �
Plan Review Narrative
The following narrative is pl'ovided'to further explain`the reasons for denial for the building permit
for the property indicated on the reverse side:
B-4& A Watershed Special Permit from Section 4,Paragraph 4.136 of the Zoning
D-2 Bylaw is required from the Planning Board for the proposed addition of a
refrigerated storage caoler'and the installation of 2 goods storage
containers within the Non-Disturbance Buffer Zone of the Wattshed
Protection District.
C-5A- Variance from Section 7,Paragraph 7.3 Yards (Setbacks),Table 2, and
Footnote 2 of the ZoningBylaw i
y s required from the Zoning Boa>nd of Appeals
in order to install 2 dry goods containers within the rear setback.
Note: Angus Realty Trust will need to apply to the Conservation Commission
for the wetland resource area(as defined in M.G.L. Chapter 13.1,Section 40)
and the Town Wetland Bylaw) located within 100' of the proposed dry storage
containers and within the Watershed Protection District.
Referred To
Fire'. Health
Police
THHistorni
Board of A Is
X Conservation millent of Public WoX Plannin al Commission
Other DEPT
ZoningBX1awDenia12000 .
I1 �
1
ATTACHMENT NO. 2
' Abutter Correspondence
1
i '
'I �
RPR-25-2008(FRI) 09: 55 Butcher Boy (FRAC)9786855640 P. 002/002
FRANK S.RAGONESE
1939 GXSAT POND ROAD
NORTHANDOVER, A
April 16,2O0$
To Whom It May Concern:
Re; 1077 Osgood Street,North Andover,MA w LETTER OF SUPPORT
1 Please be advised tha I havc reviewed the gplicWon of Angus R,ealty/Butcher Boy
Meat Market.. I have no objeodena to the submitted plan provided that there ate+no subsftntial
changes to the location offt wmpressor,cooler or dry storage-units. As submitted,the,PIvIcO
has my support and approval..
Thank you far yawn cozide don of this mattes:
! Very truly youm
Frank .
jK.f)3573t5.4)
ATTACHMENT NO. 3
Board of Appeals Decision dated September 24 1985
i
I
1
i
it .
ECEIVED
DANIEL LONG
( • �.��+ o t TOWN CLERK
NORTH ANDOVER
�. Baas .�
SEP 06
• r
TOWN OF NORTH ANDOVER
.. _ � . �.,, !{,✓ MASSACHUSETTS ATTEST:
...•; hue
this Notitg y
of Wing of BOARD QF APPEALS re ;�
date a the T°Wn -
'n the Office NOVICE OF DECISION =:+ 76*a C2.*
LOWY-
Date . . . .September .2A, .19 85►
Petition No.. . ... . .3 9.-n 8 5. . . .. . ..
Date of Hearing. . .Augus.t. 12 19 85
Petition of . . Angus .Real.ty. Trust. . . .. . . . . . .. `
Premises affected . . . . . . .Osgood. Street .krtowrt .as. .1D.77.Q.sgood ,St,
Special permit "" " "
Referring to the above petition for a 2MUtox from the requirements of the .Sq.CtkQPA
Paragraph 4. 133 (d) of the Zoning ByLaws
. . . . . .. . . . . . . . . . . . . . . . . . . . . .. .... . . .. . . . . . . . •.
so as to permit .construction. -of .a. -new. -store. .Within. 250. 1eet, of. Lake~ • • • • •
Cochichewick or a." special peFmit to remodel an existing building
ithin •25.0 • feet •of. .Lake. •Cochichewick. .. . . . .
After a public bearing given on the above date, the Board of Appeals voted to .GRANT. . . . . the•
. . . . . . .&pe.ci.al. permit✓• • , • • , • , • • , and hereby authorize the Building Inspector to issue a
permit to . .An.gus. .ReAltrY. .Trt;p . . . .. . . . . . . . . . .. . . . . . . . : . . . . .. .. . . . . .
for the construction of thea
hove work, based upon the following conditions:
-`1 - Plan be revised to show building be constructrd beyond 250 ' from lake
The retaining wall shown on the plan must be constructed within 150 '
and 250" from the lake only except in -the southeast corner of the lot
for a sewer line and pumping station which ,,is to be not greater than
201 on Great Pond Road, in a location to be determined by the North
Andover Board of Public Works .
- The retaining wall must be con 4=&ted and graded prior to the
commencement of construction of any structure thereon and before any
building permit for a structure .ia .iasuad.. . .The . B.oard. suggests that
two building permits may be required. .
4 - The parking lot as Shown on the -plan. -or. .revised. p.lan ••is. .to .be• allowed
within the 150 ' and 250 ' zone.
Prior to the issuance of a• Certificate. of. accupancy.,.•.the , existing
tru
s cture
(store) mus be
t 'demolished.
That a s
stockade fence, closest to•'•the .structuim ,. .be. -constructed on
the northeast boundry abutting the -•.Ragonese propbxty in addition to th
two rows of staggered white pine: • • . • • . . • . . . . . . . . . . . .
(continued on Page 2) Board of Appeals
ge 2
gut Tealty Trust - Osgc 1 Street ;
- That. all of the walls of the 'proposed structure be of the same
�mP•: rials , excepting glass .
9 That the plans be revised and subm'i.tted 'to and approved by the Board
prior to any construction on the site.
9 - That necessary plans be submitted to the Building Inspector showing
that drainage from the store drains away from the lake through catch
.basins on Osgood Street. '
0 - That trash receptacles be enclosed in a masonry walled enclosure
with front non-transparent gates .
1 - That the existing driveway to Great Pond Road, on the south side of
the site , be demolished at the area vestered to be a green area
which is not to. be fertilized.
2 - The retaining wall shall be landscaped as shown on the plan'.
3 - Parking lot lighting shall be directed down.
Application for. special permit for existing .building denied in light of
the granting of the special permit- for the above.
The Board -finds that' the provisions of Section 10 .31 have been satisfied.
The Board has determined that Town sewage will be added to the site (at'
present a sanitary holding tank system is being used) which is of great
benefit to . the site. This Town sewage places this petitioner in a
different light from other sites bordering the Lake.'s Watershed District.
Signed
} Frank SeriorJr, , Chairman
Alfred E. Frizelle , E-sq. , Vice Chairman
Augustine W. Nickerson, Clerk
Walter 'F. Soule
Raymond A. Vivenzio
BOARD OF APPEALS
%awt
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i
ATTACHMENT N0. 4
Abutters List
1
I
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1
1
Abutter to Abutter( ) Building Dept. ( ) Conservation
( ) Zoning ( )
r
REQUIREMENT MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall m
abutters,owners of land directly oppositeon an public or can the petitioner, "
three hundred(300)feet of the property tine of the pet loner as they appear abutters to abutters within
tax list,not withstanding that the land of any such owner is located n nhe city or town,the planning ble
board of the city or town,and the planning board of every abutting city or town."
Subject Property
MAP PARCEL Name
35 27 ANGUS REALTY CORP Ad r _
Abutters Properties 1077 OSGOOD STREET,NORTH ANDOVER,MA 0184;
' Map Parcel Name Address .
35 20 Great Pond Crossing,LLC 865 Turnpike Street,2nd ft,North Andover M
35 50 Osgood Properties, LLC 865 Turnpike Street,North Andover,MA 01845 01845
35 21/28/44 Town of North Andover 120 Main Street,North Andover,MA 01845
35 90 Neal Shapleigh 75 French Farm Road,North Andover,MA 01845
35 47 Fourcoi,LLC 15 Main Street Suite 8-B,Franklin,MA 02038
35 15 Vincent Grasso 10 Commerce Way,North Andover,MA 01845
35 36 Haphey Realty Trust 44 Russell Street,North Andover,MA 01845
1 35 53 1140 Osgood Street Trust 1159 Osgood Street,North Andover,MA 01845
35 13 Edward Riemities 37 Stonedeave Road,North Andover,MA 01845
35 14 One Clark Street N.A. LLC 22 Free Street Suite 300,Portland ME 04101
35 109 Town of North Andover 120 Main Street,North Andover,MA 01845
' 35 58 Paul Lawson 1925 Great Pond Road,North Andover,MA 01845
35 59 Celestial Realty Trust 1939 Great Pond Road,North Andover,MA 01845
35 108 Joseph Pelich 1915 Great Pond Road,North Andover,MA 01845
35 61 John Keilty 40 Lowell Street,Peabody,MA 01960
35 5 Frederick Fontein 1895 Great Pond Road,North Andover,MA 01845
35 91 Michael Salach 63 French Farm Road,North Andover,MA 01845
35 7 1159 Osgood Street Trust 1159 Osgood Street,North Andover,MA 01845
35 37 Vicent Tyler 1149 Osgood Street,North Andover,MA 01845
35 6 Tobi McCarthy 1145 Osgood Street,North Andover,MA 01845
35 94 William Stathos 33 French Farm Road,North Andover,MA 01845
35 93 Fred Boucher 45 French Farm Road,North Andover,MA 01845
35 92 Brian Mcanally 53 French Farm Road,North Andover,MA 01845
35 51 Simonne Marchand 1881 Great Pond Road,North Andover,MA 01845
Lake Cochichewick Commonwealth of MA 100 Cambridge Street,Boston,MA 02202
1
j This certifies that the names appearing on the
records of the Assessors office as Of
Certified by: Date
I �
29
03 tJA IS N111.
V
' APPLICATION FOR A WATERSHED SPECIAL PERMIT
TOWN OF NORTH ANDOVER
PLANNING BOARD
' BUTCHER BOY MARKETPLACE
1077 OSGOOD STREET
NORTH ANDOVER, MASSACHUSETTS
Prepared For:
Angus Realty Corporation
9 Y P
1077 Osgood Street
' North Andover, Massachusetts 01845
Prepared By:
Lynnfield Engineering, Inc.
199 Newbury Street, Suite 115
Danvers, Massachusetts 01923
May 1.2, 2008
TABLE OF CONTENTS
Town of North Andover Planning Board Application for Watershed Special Permit
Application
General Requirements to be met for Obtaining a Special Permit
FIGURES
C-1 Plot Plan of Land
C-2 Existing Conditions Plan
C-3 Storage Container Plan
1 C-4 Erosion and Sedimentation Control Plan
ATTACHMENTS
1 Zoning Bylaw Review Form
' 2 Abutter Correspondence
3 Board of Appeals Decision dated September 24, 1985
4 Abutters List
5 Erosion and Sedimentation Control Plan
6 Emergency Response Plan
7 Inspection and Maintenance Plan
-i-
K:\364-40\Reports\051208_App Watershed Special Permit\toc.doc
1
Town of North Andover Planning Board
Application for Watershed Special Permit
tPlease type or print clearly.
1. Petitioner: Angus Realty Trust
Petitioner's Address: 1077 Osgood Street North Andover MA 01845
Telephone number: 978-688-1511
2. Owners of the Land: Angus Realty Trust
Address: 1077 Osgood Street North Andover MA 01845
Number of years of ownership: Since 1959
+ —
3. Year lot was created: 1959 +/-4. Is the lot currently on septic or sewer? Sewer
' If on sewer,please provide date the sewer connection was completed: 1995
5. Description of Proposed Project: Installation of two dry goods
storage containers and construction of a
refrigerated storage cooler within a portion of the
250 Non-Disturbance Buffer Zone
' 6. Description of Premises: One story retail building and
associated parking lot area
1 7. Address of Property Being Affected 1077 Osgood Street
Zoning District: GB
Assessors: Map: Lot# 27
Registry of Deeds: Book 912 Page#: 443
8. Existing Lot: 20
Lot Area(Sq.Ft) 3 2 0 0 8 0 BuildingHeight
Street Frontage: _§79 Side Setbacks: 89, 99
Front Setback: 122 Rear Setback: 54
Floor Area Ratio: 0 .095 Lot Coverage: 4.4
9. Proposed Lot(if applicable):
Lot Area(Sq.Ft) Building Height
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
' Floor Area Ratio: Lot Coverage:
' 10. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft) 25, 0 00 Building Height 15
Street Frontage: 125 Side Setbacks:
Front Setback: 25 Rear Setback: 35
Floor Area Ratio: -WN- Lot Coverage: 35
11. Existing Building(if applicable):
Ground Floor(Sq.Ft.) 29, 934 #of Floors: 1
' Total Sq.Ft. 29, 934 Height: 20
Use: Retail Type of Construction Masonry
12. Proposed Building:
Ground Floor(Sq.Ft.) 762 #of Floors: 1
Total Sq.Ft. 762 Height: 10
Use: RefrigerateTs oorage Type of Construction Concrete pad, steel
panel
13. 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? Site Plan Application
14. Section of Bylaw that Special Permit Is Being
Requested 4 . 13413".1 C. Non-Disturbance Buffer Zone
15. 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 B oard
of this application as incomplete.
Petitioner's Signature:
Print or type name here:
William Yameen
Owner's Signatur
4a&e4�� V/�
Print or type name here: William
NJ
i16. Please list title of plans and documents you will be attaching to this application.
General Requirements to be met for Obtaining a Special Permit
1. Encouraging the most appropriate use of land:
The existing parcel is located within the Town of North Andover Zoning
District General Business. The proposed refrigerated storage cooler is located
in the southeastern portion of the site adjacent to the existing building. The
area is currently paved and occupied by dry storage containers. The area is
' the most appropriate location for the construction of the proposed
refrigerated storage cooler and is consistent with current land uses at the
site.
' 2. Preventing overcrowding of land:
The proposed refrigerated storage cooler is intended to alleviate refrigerated
storage issues at the site.
3. Conserving the value of land and buildings:
' The proposed refrigerated storage cooler has been designed consistent with
the existing building, site lighting and landscaping present on the site. The
proposed project conserves the value of the existing and abutting land and
buildings.
4. Lessening congestion of traffic.
' The proposed project will not impact existing parking or traffic patterns at the
site.
' S. Preventing undue concentration of population:
The site is currently occupied by a retail facility. No expansion of retail space
' is proposed.
6. Providing adequate light and air.
No changes to site lighting is proposed as part of the refrigerated storage
cooler construction.
' 7. Reducing the hazards from fire and other danger:
The existing site access roadway design is adequate to accommodate
emergency vehicles and fire equipment. The existing building is equipped with
an automatic alarm and sprinkler system.
8. Assisting in the economical provision of transportation, water, sewerage,
schools, parks, and other public facilities:
No impact to the existing Town transportation, water, sewerage, schools,
ro
parks, or other public facilities the proposed refrigerated
well result from p p g
storage cooler construction.
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9. Controlling the use of bodies of water, including watercourses:
The proposed project does not impact the use of any bodies of water.
10. Reducing the probability of losses resulting from floods:
The proposed stormwater management system has been designed so that
' there is no net increase in stormwater runoff from the site. No increase in
impervious area will result from the proposed refrigerated storage cooler
construction.
' 11. Reserving and increasing the amenities of the Town:
The proposed refrigerated storage cooler will have no impact on the amenities
' of the Town.
Specific Requirements to be met for obtaining a Watershed
Special Permit
1. 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 quality or quantity of water in or entering lake Cochichewick.
' I, Richard Barthelmes, P.E., certify that the proposed project will not result in
any significant degradation of the quality or quantity of water in or entering
Lake Cochichewick. All stormwater from the proposed refrigerated storage
cooler is being directed outside the watershed of 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 location of the refrigerated storage cooler is the only suitable area of the
site. No increase in impervious area or runoff, or impacts to existing parking
or traffic patterns, will result due to the project.
' 3. Evidence of approval by the Massachusetts Department 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.
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4. Evidence that all on-site operations including, but not limited to, construction,
' waste water disposal, fertilizer applications and septic system will not create
concentrations of Nitrogen in groundwater, greater than the Federal limit at
the downgradient property boundary.
' The proposed refrigerated storage cooler will not result in an increase in
waste water disposal or fertilizer application. The site existing building is
connected to the municipal sewer system. No increase in concentrations of
nitrogen in groundwater will occur as a result of the project.
5. Projections of downgradient concentrations of nitrogen phosphorus and other
1 relevant chemicals at property boundaries and other locations deemed
pertinent by the Special Permit Granting Authority (SPCA).
' Projections of downgradient concentrations will be provided if requested by
the SPGA.
6. The SPGA may also require that supporting materials be prepared by other
professionals including, but not limited to, a registered architect, registered
landscape architect, registered land surveyor, registered sanitarian, biologist,
geologist or hydrologist when in its judgement the complexity of the proposed
work warrants the relevant specific expertise.
Supporting materials to be provided if requested by the SPGA.
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' ATTACHMENT NO. 1
' Zoning Bylaw Review Form
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NORti/ Zoning Bylaw Review Form
";:��"°'•�"p Town Of North Andover
Building Department
;1°11 . 4�•* 1600 Osgood Street, Building 20,'Suite 2-36
North Andover, MA. 01845
�SS�cHus
Phone 978-688-9545 Fax 978-688-9542
FDate:
R3/19/08
Osgood Street
Angus Realty Corporation
uction of refrigerated storage cooler 8�installation of 2 dry goods storage
ers
Please be advised that after review of your.Application anti-Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zonin District: GB
Item Notes Item
A Lot Area Notes •
F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting X 2 Frontage Complies X
3 Lot Area Complies X 3 Preexisting frontage X
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required X 3 Preexisting CBA X
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1,. Height Exceeds Maximum
2 Front Insufficient , 2 Complies X
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient X I I Building Coverage
6 Preexisting setback(s)
1 I Coverage.e e.exceeds maxi
mum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting X
1 Not in Watershed
4 Insufficient Information
2 In Watershed ' X j Sign NA
3 Lot prior to 10/24/94 X 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information 3 1 Insufficient Information
E Historic District K Parking " NA
1 In District review required 1 More Parking Required
2 Not in district X 2 Parking Complies
3 Insufficient Information
Remedy for the above is checked below.
Item# S ectal Permits Planning Board Item-# Variance
Site Plan Review Special Permit C-5 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 S ecial Permits Zoning Board
Independent Elderly Housing Special Special Permit Non-Conforming Use ZBA
Permit
Large Estate Condo Special Permit Earth Removal Special-Permit ZBA
Planned Development District Special Special Permit-Use not Listed but Similar
Permit
Planned Residential Special Permit Special Permit for 2 Unit
R-6 Density Special Permit Special Permit Pre-existing,Non-
Conformin
B-4, D-2 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 tided"Plan Review Narrative"shall be
attached hereto and incorporated herein by reference. The building department will retain all plans and documentation
for the bove file.You mut ane ullding permit application form and begin the permitting process.
�I off'
Buil ng Departure ficial Signature Application Received• Apoicatidh 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:
B-4 & A Watershed Special Permit from Section 4,Paragraph 4.136 of the Zoning
D-2 Bylaw is required from the Planning Board for the proposed addition of a
refrigerated storage cooler'and the installation of 2 goods storage
containers within the Non-Disturbance Buffer Zone of the Watershed
Protection District.
C-5 -A Vannce from Section 7,Paragraph 7.3 Yards (Setbacks),Table 2, and
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Footnote
of t
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Zoning
Bylaw isrequired from the Zoning Board of Appeals
in order to install 2 oods containers within the rear setback.
Note: Angus Realty Trust will need to apply to the Conservation Commission
for the wetland resource area(as defined in M.G.L. Chapter 13.1, Section 40,
and the Town Wetland Bylaw) located within 100' of the proposed dry storage
containers'and within the Watershed Protection District.
ReferredE-E
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To: .
Fire Health
Police X X
Zoni Board of
alsConseConservation
X
Planningrbnent of Public Works
Other Historical Commission
BUILDING DEPT
ZoriingBxlawDenia12000 .
' ATTACHMENT NO. 2
' Abutter Correspondence
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' APR-25.2008(FRI) 09; 55 Butcher Boy (FAX)9786855640 P. 002/002
FRANK J.RAGONRSS
'
1939 G EATPOND ROAD
WORTH ANDOVE„R,.MA
' April 16,2008
To whom it May Concern:
' Re: 1077 Osgood Street*North Andoverr,MA.I.RTrEn OF SUpPORX`
Pime he advised thIt I have reviewed the application of Aups RealtyfButebe r Boy
Mesa Market. I have no objections to the submitted plan provided that urate arra no substantial
rfiaagrs to the location of die compressor,cooler or dry storage units. As sabmi t*4 the Mica
has my support and approval.
ank you for your coas3d0atton of this mom:
1 Very truly YOW&
Frauuk J.A'. anos
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ATTACHMENT NO. 3
Board of Appeals Decision dated September 24, 1985
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I YLGE D
s�+�...�a •;� DANIEL NG
. , r�•v* n•�•�. C TOW11 CLERK
�•., Baas �,: NORTH ANDOVER •
SEP 2
a 06 P� 8
TOWN OF NORTH'ANDOVER
.. MA.S9A CHUSETTS
`� AZTFST:
�:•.�.� k_,,, •• •-this Notice BOARD QF APPEALS 0
cf
Silinl; own p•.+:
date of ice. o the T
i 'n the0lf�- NOTICE OF DECISION ;;,`
Date . . . .September .2.4,. 19 85
Petition No.. . ... . .39.,85. ... . . . . . .
Date of Hearing.. .August. 12,..19 85
Petition of . . .'Angus .Realty. Trust. . . . . . ... . . . ... . . . . .. .. . . . :. . . . . .. . . . .. . . . . .. .. . . . . .
- Promisee a8 e
acted . . . . . . . . .Osgood. Stx et .known .as. .1P.7.7. 4:s9Rol3 .St.� . .. .. .. . . . . .
Special permit '
Referring to the above petition for a SAH from the requirementsof the
Paragraph 4. 133 (d) of the Zoning ByLaws r
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Boas topermit .constr.uction. .of .a• .new. .store .Within. 2.50. .feat. of.'`Lake . . . . .
-Cochichewick or ar special permit to remodel an existing .building
within .25.0'. feet, -of •Lake. .Cochichewick. .. . .. . . . . . . . .. . . . . . . .. . . . . .. . . ... . . . .. .
— After a pub '
bearing 'von on the above date the Boar • . voted GRANT
Pu g , d of Appeals ted to . . . .. . the
_ . . . . . . .$P e ci A l. permit. . : . :. . . . . . . and hereby authorize the Building Inspector to issue a
permit to . .Angus. ,ReAlty. .Txust . . ... . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . .. . . .. . . .. . . .
for the construction of the above work, based upon the following conditions:
`1 - Plan be revised to show building be constructrd beyond 2501 from lak
- The retaining wall shown on the plan 'must be constructed within 150 '
_ and 2501' from the lake only except in -the southeast corner of the to
fora sewer line and pumping station which ,is to be not greater than
20 ' on Great Pond Road, in a location to be determined by the North
Andover Board of Publi a Works o
_� - The retaining wall must be coL%nvdcted and graded prior to the
commencement of construction of any structure thereon and before any
building permit for a structure .is .issued.. . .The . B.oaard. s.ugge$ts that
two building permits may be required. .
4 - The parking lot as shown on the .plan. .or. .reviseLd. p.lan .•is. .to .be, allowe,
within the 150 ' and 250 ' zone.
Prior to the issuance of a. Certificate. of. Occupancy.,:.the . axis ting
-
structure (store) must be demolis}ied.
- That a stockade . fence; closest to.,•t .b
he •structuke ,. e. .constxucted on
the northeast boundry abutting the -•.Ragonese prepbxty in- addition to
FM I- two rows of staggered white pine. • • • • • • • . ... . .. . .. . . . . . . . . . . . . . . • • •
(continued on Page 2) Board of Appeals
ge 2
ut 'Tealty Trust - Osgc 1 Street ,
;7 That. all of the walls of the 'proposed structure be of the same
Inp rials , .excepting glass .
g IThat the plans be revised and submitted 'to and approved by the Board .
prior to any construction on the site .
9 - That necessary plans 'be submitted to the Building Inspector. showing
1 that drainage from the store drains away from the lake through catch
basins on Osgood Street.
L0 - That trash receptacles be enclosed in a masonry walled'enclosure
with front non-transparent gates .
1 L1 - That the existing driveway to Great Pond Road, on the south side of
the site, be demolished at the area vestered to be a green area
which is not to. be' fertilized.
1 L2 The retaining wall shall 'be landscaped as shown on the plan.
L3 - Parking lot lighting shall be directed down.
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Application for. special permit for existing -building denied in light of
the granting of the special permit. for the above.
,The -Board '-finds that' the provisions of Section 10 . 31 have been satisfied.
' The Board has determined that Town sews a will be added to . the si be (at'
' present a sanitary holding tank system is being used] -#hibh is of great benefit to . the .site. This Town sewage places this petitioner in a
different light from other sites bordering the Lake.'s Watershed District.
• "Signed
Frank Serio, Jr.• , Chairman
Alfred E. Frizelle, Esq. , Vice Chairman
Augustine V. Nickerson, Clerk
Walter 'p. Soule
Raymond A. Vivehzio
BOARD OF 'APPEALS
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' ATTACHMENT N0. 4
Abutters Lis[
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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 27 ANGUS REALTY CORP 1077 OSGOOD STREET,NORTH ANDOVER,MA 0184:
Abutters Properties
Man Parcel Name Address
35 20 Great Pond Crossing,LLC 865 Turnpike Street,2nd fl,North Andover,MA 01845
35 50 Osgood Properties, LLC 865 Turnpike Street,North Andover,MA 01845
35 21/28/44 Town of North Andover 120 Main Street,North Andover,MA 01845
35 90 Neal Shapleigh 75 French Farm Road,North Andover,MA 01845
35 47 Fourzol,LLC 15 Main Street Suite 8-B,Franklin,MA 02038
35 15 Vincent Grasso 10 Commerce Way,North Andover,MA 01845
35 36 Haphey Realty Trust 44 Russell Street,North Andover,MA 01845
35 53 1140 Osgood Street Trust 1159 Osgood Street,North Andover,MA 01845
35 13 Edward Rierrities 37 Stonecleave Road,North Andover,MA 01845
35 14 One Clark Street NA. LLC 22 Free Street Suite 300,Portland ME 04101
35 109 Town of North Andover 120 Main Street,North Andover,MA 01845
35 58 Paul Lawson 1925 Great Pond Road,North Andover,MA 01845
35 59 Celestial Realty Trust 1939 Great Pond Road,North Andover,MA 01845
35 108 Joseph Pelich 1915 Great Pond Road,North Andover,MA 01845
35 61 John Keiity 40 Lowell Street,Peabody,MA 01960
35 5 Frederick Fontein 1895 Great Pond Road,North Andover,MA 01845
35 91 Michael Salach 63 French Farm Road,North Andover,MA 01.845
35 7 1159 Osgood Street Trust 1159 Osgood Street,North Andover,MA 01845
35 37 Vicent Tyler 1149 Osgood Street,North Andover,MA 01845
35 6 Tobi McCarthy 1145 Osgood Street,North Andover,MA 01845
35 94 William Stathos 33 French Farm Road,North Andover,MA 01845
35 93 Fred Boucher 45 French Farm Road,North Andover,MA 01845
35 92 Brian Mcanaliy 53 French Farm Road,North Andover,MA 01845
35 51 Simonne Marchand 1881 Great Pond Road,North Andover,MA 01845
' Lake Cochichewick Commonwealth of MA 100 Cambridge Street,Boston,MA 02202
This certifies that the names appearing on the
records of the Assessors Office as of
�D
Certified by: Date
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ATTACHMENT NO. 5
Erosion and Sedimentation Control Plan
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EROSION AND SEDIMENTATION CONTROL PLAN
ANGUS REALTY CORPORATION
1077 OSGOOD STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Prepared For:
Angus Realty Corporation
9 Y P
1077 Osgood Street
North Andover, Massachusetts 01845
Prepared By:
Lynnfield Engineering, Inc.
199 Newbury Street, Suite 115
Danvers, Massachusetts 01923
May 12, 2008
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TABLE OF CONTENTS
SECTION 1: EROSION AND SEDIMENTATION CONTROL PLAN 1
1.1 Sediment and Erosion Control 1
1.1.1 General i
1.1.2 Proposed Erosion and Sedimentation Control BMPs 1
1.1.2.1 Sediment Fence 1
1.1.2.2 Straw or Hay Bale Barrier 3
1.1.2.3 Preserving Natural Vegetation 4
1.1.2.4 Land Grading and Stabilization 5
1.1.2.5 Dust Control 7
1.2 Maintenance of BMPs 8
TABLES
1 Sediment Fence Installation Guide 2
2 Straw or Haybale Barrier Installation Guide 3
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SECTION 1
EROSION AND SEDIMENTATION CONTROL PLAN
i 1.1 SEDIMENT AND EROSION CONTROL
1.1.1 General
1 Erosion and sedimentation control BMPs have been incorporated in the proposed
design to protect surface water adjacent to the site. Erosion and sedimentation
practices proposed to be implemented will be constructed in phases as the project
progresses. The first stage will include the installation of sediment fences and hay
bale barriers downgradient from future construction activities. Hay bales and silt
fences will also be installed downgradient of areas exposed during borrow activities.
Exposed slopes will be stabilized according to slope length and steepness, soil type,
and the length of time that the slope will be exposed. Based on these parameters,
stabilization may include temporary seeding, permanent seeding, or erosion control
mats. The second stage will be the construction of catch basins to control runoff
stormwater before discharging into the stormwater management system. Ongoing
structural and non-structural erosion and sedimentation control BMPs will include
street sweeping, stabilizing exposed areas, and maintaining implemented BMPs.
1.1.2 Proposed Erosion and Sedimentation Control BMPs
Structural and non-structural erosion and sedimentation control BMPs proposed for
this project are based on the Massachusetts Department of Environmental Protection
(DEP) Stormwater Management Policy. Drawing C-3, Erosion and Sedimentation
Control Plan, presents a layout plan indicating locations for proposed erosion and
sedimentation control BMPs to be installed during the initial construction phase.
1.1.2.1 Sediment Fence
The sediment fence is constructed of stakes and synthetic filter fabric. A sediment
fence intercepts and detains small amounts of sediment from disturbed areas during
construction operations and reduces runoff velocity down a slope.
Sediment fences shall be installed at the following locations:
Below small disturbed areas of less than 1/4 acre per 100 feet of fence, where
runoff may occur in the form of sheet and rill erosion;
• Where runoff can be stored behind the sediment fence without damaging the
fence, or the submerged area behind the fence;
• Locate the fence at least ten feet from the toe of steep slopes to provide
sediment storage and access for cleanout; and,
The fence line should be nearly level through most of its length to impound a
broad, temporary pool. The last 10 to 20 feet at each end of the fence should be
swung slightly uphill (approximately 0.5 feet in elevation) to provide storage
I , capacity.
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Drainage areas up9radient from sediment fences should be limited to acre per
100
feet of fence, and no more than 1.5 acres in total; or in combination with sediment
basins on a larger site. The drainage area is further restricted by slope steepness as
shown in Table 1.
TABLE 1: Sediment Fence Installation Guide
Land Slope (%) Maximum Slope Distance
1 Above Fence feet
2 250
5 180
10 100
20 50
30 30
The filter fabric used in a sediment fence must have sufficient strength to withstand
various stress conditions. It also must have the ability to allow passage of water
while retaining soil particles. Support posts must be 1-inch diameter pine, 1.33
Ib./liner ft. steel, or sound quality hardwood with a minimum cross-sectional area of
3 square inches. Steel posts should have projections for fastening fabric.
The following techniques for installing sediment fences are recommended:
• Dig a trench approximately six inches deep and four inches wide, or a V-trench;
along the lines of the fence, upslope side;
• Drive posts securely, at least six inches into the ground, on the downslope side of
the trench. Space posts a maximum of eight feet if fence is supported by wire,
six feet if extra-strength fabric is used without support wire. Adjust spacing to
place posts at low points along the fence line;
• Fasten support wire fence securely to the upslope side of fence posts. Avoid
joints, particularly at low points in the fence line. Where joints are necessary,
fasten fabric securely to support posts and overlap to the next post;
• Place the bottom six inches of fabric in the trench. Backfill with compacted earth
or gravel;
• Filter cloth shall be fastened securely to the woven wire fence with ties spaced
every 24 inches at the top, mid-section, and bottom;
• To reduce maintenance, a shallow sediment storage area may be excavated on
the upslope side of fence where sedimentation is expected;
1 • Provide good access to deposition areas for cleanout and maintenance;
• Sediment fences should be removed when they have served their useful purpose,
but not before the upslope area has been permanently stabilized. Retained
sediment must be removed and properly disposed of, or mulched and seeded;
• Any outlet where storm flow bypass occurs must be stabilized against erosion;
and,
• Provide an outlet riprap splash pad a minimum five feet wide, one foot deep, and
five feet long on level grade. The finished surface of the riprap should blend with
surrounding area, allowing no overfall. The area around the pad must be stable.
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The following maintenance procedures are required for sediment fences:
• Sediment fences should be inspected immediately after each rainfall and at least
daily during prolonged rainfall. Repairs need to be made as soon as they are
observed;
• Remove sediment deposits promptly to provide adequate storage volume for the
next rain event and to reduce pressure on fence;
• If the fabric tears, decomposes, or in any way becomes ineffective, replace it
' immediately;
• Replace burlap used in sediment fences after no more than 60 days; and,
• Remove all fencing materials after the contributing drainage area has been
properly stabilized. Sediment deposits remaining after the fabric has been
removed should be graded to conform with the existing topography and
vegetated.
1.1.2.2 Straw or Hay Bale Barrier
Straw or hay bale barriers consist of a row of entrenched and anchored straw or hay
bales. These barriers are used to intercept and detain small amounts of sediment
from disturbed areas of limited extent to prevent sediment from leaving the site.
Straw or hay bale barriers need to be installed at the following locations:
• Downslope from disturbed areas subject to sheet and rill erosion;
• In minor swales where the maximum contributing drainage area is not more than
one acre; and,
' • Where effectiveness is required for less than three months.
Straw or hay bale barriers are used similarly to sediment fence barriers; specifically
where the area below the barrier is undisturbed and vegetated. Bale barriers require
more maintenance than silt fence barriers and permeability through the bales is
slower than sediment fence.
Maximum recommended slope lengths upslope from straw or hay bale barriers as
indicated in Table 2.
TABLE 2: Straw or Hay Bale Barrier Installation Guide
Slope (%) Maximum Slope
'
Length feet
1 180
4 100
9 60
14 40
18 30
30 20
Note: Based on providing storage for one inch of runoff.
t
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The following techniques for installing straw or hay bale barriers are recommended:
• Bales should be placed in a single row, lengthwise on the contour, with ends of
adjacent bales tightly abutting one another;
• All bales should be tied with organic fiber fabric. Straw bales should be installed
so that bindings are oriented around the sides rather than along the tops and
bottoms of the bales in order to prevent deterioration of the bindings;
• The barrier should be entrenched and backfilled. A trench should be excavated
the width of a bale and the length of the proposed barrier to a minimum depth of
Mfour inches. The trench must be deep enough to remove all grass and other
material which might allow underflow. After the bales are staked and chinked
(filled by wedging), the excavated soil should be backfilled against the barrier.
Backfill soil should conform to the ground level on the downhill side and should
be built up to four inches against the uphill side of the barrier;
• Each bale should be securely anchored by at least two wooden stakes driven
through the bale. The first stake in each bale should be driven toward the
previously laid bale to force the bales together. Stakes should be driven at least
18 inches deep into the ground to securely anchor the bales. For safety reasons,
stakes should not extend above the bales but should be driven in flush with the
top of the bale;
• Set 1 hay bale perpendicular to the slope every 50 feet on slopes over 5%;
• The gaps between the bales should be chinked with straw to prevent water from
escaping between the bales. Loose straw scattered over the area immediately
uphill from a straw bale barrier tends to increase barrier efficiency. Wedging must
be done carefully in order not to separate the bales; and,
• Straw bale barriers should be removed when they have served their usefulness,
but not before the upslope areas have been permanently stabilized.
The following maintenance procedures are required for straw or hay bale barriers:
' • Bale barriers should be inspected immediately after each runoff-producing rainfall
and at least daily during prolonged rainfall;
• Close attention should be paid to the repair of damaged bales, undercutting
beneath bales, and flow around the ends of the bales;
• Necessary repairs to barriers or replacement of bales should be accomplished
promptly;
Sediment deposits should be checked after each runoff-producing rainfall.
Sediment deposits must be removed when the level of deposition reaches
1 approximately 1/2 the height of the barrier; and,
• Sediment deposits remaining in place after the bale barrier is no longer required
should be dressed to conform to the existing trade, prepared and seeded.
1.1.2.3 Preserving Natural Vegetation
Natural vegetation should be preserved whenever possible, but especially on steep
slopes, near perennial and intermittent watercourses or swales, and on building sites
t in wooded areas.
Preserving natural vegetation has the following advantages:
Save money on site stabilization;
• Save money on landscaping costs;
I • Help reduce soil erosion;
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• Beautify an area,
Provide areas for wildlife; and,
• Provide buffers and screens against noise.
The following criteria are recommended for preserving natural vegetation:
• Clearly flag or mark areas around trees that are to be saved. It is preferable to
keep ground disturbance away from the trees at least as far out as the dripline.
• If possible, place a barrier around the trees. Bulldozers are notorious for
damaging trees. Besides skinning bark from tree trunks, their tracks severely
damage tree roots which are close to the surface; and,
• Place a simple wooden fence around the tree. Inexpensive or scrap lumber will
' do. Snow fencing, although more expensive, is easy to install. The fence should
enclose an area at least five feet out from the tree trunk. Erect the fence before
the bulldozer arrives and leave it up until the last piece of equipment has left the
' area.
Maintenance procedures include inspecting flagged areas regularly to make sure
flagging has not been removed. If tree roots have been exposed or injured, recover
and/or seal them.
1.1.2.4 Land Grading and Stabilization
Land grading and stabilization need to provide for surface drainage and erosion and
sedimentation control while reshaping and stabilizing the ground surface or
maintaining temporary stockpiles. This practice applies where the existing ground
surface is regraded, new cut or fill slopes are created, or existing slopes or ground
surfaces would otherwise be unstable or subject to erosion. Provisions should be
made to safely convey surface runoff to storm drains, protected outlets, or to a
stable watercourse to insure that the runoff will not damage slopes or other grades
areas. Wherever possible, runoff water should be diverted away from the top of cut
and fill slopes to stable outlets or grade control structures.
Compaction can be a major factor in erosion control for fill slopes. In addition to
other compaction controls required by the nature of the project, the minimum
I criterion recommended for successful erosion control on fill slopes is to compact the
uppermost one foot of fill to at least 85% of the maximum unit weight based on the
modified American Association of State Highway Transportation Officials (AASHTO)
' compaction test. This is usually accomplished by running heavy equipment over the
fill.
Slope gradient is an important factor in the success of vegetative restabilization
measures. Normal tillage equipment cannot be used to prepare a seedbed on slopes
2H:IV or steeper. Stormwater runoff will result in the loss of seeds, fertilize, and
soil. Slopes steeper than 2H:IV will usually require special stabilization measures
such as a crushed rock or riprap layer or geosynthetic erosion control blankets.
Borrow and stockpile areas present the same set of problems for the control of
erosion and sedimentation as exposed cut and fill slopes. Runoff should be diverted
from the face of the slopes which are exposed in the excavation process. The runoff
must then be conveyed in stabilized channels to stable disposal points. The measures
used to control erosion on slopes should also be used in borrow areas. Only those
sections of the borrow area which are currently needed to supply fill should be
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' stripped. Immediately after the required fill has been taken, the exposed area should
be stabilized. Topsoil from borrow areas is usually stripped and stockpiled for later
redistribution on the disturbed area. These stockpiles should be located on the uphill
side of the excavated area whenever possible so that they can act as diversions.
Stockpiles should be shaped and seeded with temporary cover. After the excavation
is complete, borrow areas should be regraded to insure proper drainage and to blend
the borrow area with the surrounding topography. Stockpiled topsoil is then
redistributed and permanent vegetative cover established.
If final grading is delayed, temporary seeding should be used. By properly timing the
disturbance of the natural cover in the borrow area in carefully planned phases, the
area of exposed soil and the duration of exposure is reduced and, therefore, erosion
losses are reduced.
Although erosion rates on steep exposed slopes are higher than on flat or gently
sloping areas, all areas of exposed soil are vulnerable to erosion. If erosion control is
ignored on larger areas of nearly flat or gently sloping land, it will be possible for
significant amounts of soil to be eroded. Clearing, grading, and vegetative
1 restabilization in these areas can be timed so that the extent of exposed area and
the duration of exposure is minimized. These areas require prompt vegetative
restabilization. Temporary seeding or mulching is required where larger areas will
not be permanently stabilized within recommended time limits. Diversions, sediment
barriers, or traps constructed on the lower side of large disturbed areas should be
used to intercept and collect sediment.
Gravel or stone filter berms should be used at intervals along a right-of-way to
intercept runoff and direct it to stabilized areas, drainageways, or enclosed drainage
system inlets. Filter berms slow runoff, filter it, and collect sediment. The berms will
need some continuing maintenance, but can be crossed by construction equipment.
The following criteria are recommended for land grading and stabilization:
1 • Cut or fill slopes which are to be vegetated should not be steeper than 2H:IV. If
a slope is to be mowed, it should be 3H:IV or flatter. Slopes of materials not to
be vegetated should be at the safe angle or repose for the materials
encountered;
Provisions should be made to safely conduct surface water to storm drains or
suitable natural water courses and to prevent surface runoff from damaging cut
faces and fill slopes;
Terraces or diversions should be provided whenever the height of the cut or fill
exceeds 25 feet. The benches should divide the slope face as equally as possible
and should convey the water into stable outlets. Benches should be kept free of
sediment during all phases of development;
II ' Excavations should not be made so close to roe lines as to endanger
• property rtY
adjoining property without supporting and protecting such property from erosion,
sliding, settling, or cracking;
No fill should be placed where it will slide or wash onto the premises of another
or be placed adjacent to the bank of a channel so as to create bank failure or
' reduce the natural capacity of the stream; and,
All graded areas should be permanently stabilized immediately following final
grading.
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' The following maintenance e ce procedures are recommended for land grading and
stabilized areas:
I ' • All slopes should be checked periodically to see that vegetation is in good
condition. Any rills or damage from erosion and animal burrowing should be
' repaired immediately to avoid further damage;
• Diversions, berms, and waterways should be checked after every rainfall event to
see that they are functioning properly. Problems found during the inspections
should be repaired promptly;
Areas requiring revegetation should be repaired immediately;
• Slopes should be limed and fertilized, as necessary, to keep vegetation healthy;
and,
' • Control undesirable vegetation such as weeds and woody growth to avoid bank
stability problems in the future.
1.1.2.5 Dust Control
This practice applies on construction routes and other disturbed areas subject to
surface dust movement and dust blowing where on-site and off-site damage is likely
to occur if preventative measures are not taken. In planning for dust control, it is
important to schedule construction activities so that the least area of disturbed soil is
exposed at one time. For disturbed areas not subject to traffic, vegetation provides
' the most practical and efficient means of dust control. For other areas, control
measures include mulching, sprinkling, spraying adhesive or calcium chloride, and
wind barriers.
' The following dust control methods are recommended:
• Vegetative cover - For disturbed areas not subject to traffic, vegetation provides
' the most practical method of dust control,
• Mulch (including gravel mulch) - When properly applied, mulch offers a fast,
effective measures of controlling dust;
' • Spray-on adhesive - Latex emulsions or resin in water can be sprayed onto
mineral soil to prevent particles from blowing away;
• Calcium chloride - Calcium chloride may be applied by mechanical spreader as
loose, dry granules or flakes at a rate that keeps the surface moist but not so
high as to cause water pollution or plant damage;
• Sprinkling - The site may be sprinkled until the surface is wet. Sprinkling is
especially effective for dust control on haul roads and other traffic routes;
• Stone - Used to stabilize construction roads; can also be effective for dust
control; and,
• Sweeper - A street sweeper can be utilized to clean accumulated dust on paved
areas.
The following maintenance procedures are required for dust control:
• Maintain dust control measures properly through dry weather periods until all
disturbed areas have been permanently stabilized;
Inspect exposed area regularly to determine what type of dust control methods
would be most applicable. Wet area until a more long-term dust control solution
has been implemented; and,
Inspect stabilized areas regularly to evaluate effectiveness of implemented dust
' controls.
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' 1.2 MAINTENANCE OF BMPS
All BMPs must be maintained in effective operating condition. If site inspections
identify BMPs that are not operating effectively, maintenance must be performed
before the next anticipated storm event, oras necessary to maintain the continued
1 effectiveness of BMPs. If maintenance prior to the next anticipated storm event is
impracticable, maintenance must be scheduled and accomplished as soon as
practicable. In the case of non-structural BMPs, the effectiveness of the BMP must be
maintained by appropriate means.
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ATTACHMENT N0. 6
' Emergency Response Plan
1
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III
' EMERGENCY RESPONSE PLAN
BUTCHER BOY MARKETPLACE
1077 OSGOOD STREET
NORTH ANDOVER, MASSACHUSETTS
' Prepared For:
Angus Realty Corporation
' 1077 Osgood Street
North Andover, Massachusetts 01845
' Prepared By:
Lynnfield Engineering, Inc.
' 199 Newbury Street, Suite 115
Danvers, Massachusetts 01923
'
May 12, 2008
TABLE OF CONTENTS
' EMERGENCY CONTACTS
SECTION 1.0: INTRODUCTION 1
1.1 PURPOSE 1
SECTION 2.0: GENERAL FACILITY INFORMATION 2
2.1 Facility Description (40 CFR 112.7(a)(3)) 2
' 2.1.1 Location and Activities 2
SECTION 3.0: DISCHARGE RESPONSE 3
' 3.1 Response to a Minor Discharge 4
P 9
3.2 Response to a Major Discharge 5
3.3 Waste Disposal 6
3.4 Discharge Notification 6
3.5 Cleanup Contractors and Equipment Suppliers 7
FIGURES
1 Locus Plan
APPENDICES
A Discharge Notification Form
Agency Notification Standard Report
■
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EMERGENCY CONTACTS
Designated person responsible for emergency response:
1 Facility Response Coordinator - Alan Yameen
978.688.1511
General Manager - Dave Barry
978.688.1511
EMERGENCY TELEPHONE NUMBERS:
tNorth Andover Fire Department
978.688.9590 or 911
iMassachusetts State Police (Andover Barracks)
978.475.3800
1 MADEP Emergency Response Center
888.304.1133
MADEP Oil Remediation and Compliance Bureau
888.304.1133
National Response Center (U.S. Coast Guard)
800.424.8802
MADEP
' 617.292.5500
USEPA, Region 1
' 617.223.7265
Local Hospital:
' Lawrence General Hospital
1 General Street
Lawrence, MA 01842
978.683.4000 or 911
Poison Control Center
800.442.6305
Emergency Response Contractor:
' CYN Environmental Services, Inc. 800.622.6365
ENPRO Services, Inc. 800.966.1102
' CHEMTREC Emergency 800.424.9300
' K:\364-40\Reports\051208_App Watershed Special Perm it\E mergency Response Plan\tab_emergency contacts.doc
SECTION 1.0
INTRODUCTION
1.1 PURPOSE
The purpose of this Emergency Response Plan (ERP) is to describe measures to be
implemented by Butcher Boy Marketplace (BMP) to prevent oil or hazardous material
discharges from occurring, and to prepare BMP to respond in a safe, effective, and
timely manner to mitigate the impacts of a discharge.
This ERP Plan is used as a reference for oil storage information and testing records,
as a tool to communicate practices on preventing and responding to discharges with
employees, as a guide to facility inspections, and as a resource during emergency
response.
I
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SECTION 2.0
GENERAL FACILITY INFORMATION
Name: Butcher Boy Marketplace (BMP)
Address: 1077 Osgood Street
North Andover, Massachusetts 01845
978.688.1511
Type: Retail Shopping Mall
Owner/Operator. Angus Realty
1077 Osgood Street
North Andover, Massachusetts 01845
Primary contact: Alan Yameen, Facility Response Coordinator
L978.688.1511
2.1 FACILITY DESCRIPTION (40 CFR 112.7(A)(3))
2.1.1 Location and Activities
The Angus Realty Corporation site consists of an approximate 9 acre site occupied by
a 29,934 square foot (SF) retail building and associated parking lot areas. The parcel
is zoned General Business District per the Zoning Bylaw Town of North Andover last
amended May 2004. The site is bound northerly by residential property; easterly by
underdeveloped woodlands, and a residential home; southerly by Great Pond Road
(State Route 133), and Lake Cochichewick; and, westerly by Osgood Street (State
Route 125). The site is occupied by Butcher Boy Marketplace, a retail mall and
associated parking lot areas. Figure No. 1, Locus Plan, presents the location of the
site within the Town of North Andover.
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SECTION 3.0
' DISCHARGE RESPONSE
This Section describes the response and cleanup procedures in the event of an oil
discharge. The uncontrolled discharge of oil to groundwater, surface water, or soil
is prohibited by State and possibly federal laws. Immediate action must be taken
to control, contain, and recover discharged product.
In general, the following steps are taken:
• Eliminate potential spark sources;
• If possible and safe to do so, identify and shut down source of the discharge to
stop the flow;
• Contain the discharge with sorbents, berms, fences, trenches, sandbags, or other
material;
• Plug drain pipes downgradient from the spill to contain spilled material;
• Contact the Facility Response Coordinator or his alternate;
• Contact regulatory authorities and the response organization; and,
• Collect and dispose of recovered products according to regulation.
For the purpose of establishing appropriate response procedures, this ERP Plan
classifies discharges as either "minor" or"major," depending on the volume and
characteristics of the material released. Table No. 1 presents a list of Emergency
Contacts. The list should be posted at prominent locations throughout the facility.
If material is released outside the containment areas, it is critical that the material is
accurately identified and appropriate control measures are taken in the safest
possible manner. Consult the MSDSs file in the Facility office.
TABLE No. 1: Emergency Contacts
Designated person responsible for emergency response activities:
rFacility Response Coordinator - Alan Yameen
978.688.1511
1 General Manager - Dave Barry
978.688.1511
EMERGENCY TELEPHONE NUMBERS:
North Andover Fire Department
978.688.9590 or 911
Massachusetts State Police (Andover Barracks)
' 978.475.3800
MADEP Emergency Response Center
888.304.1133
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I
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MADEP Oil Remediation and Compliance Bureau
888.304.1133
National Response Center (U.S. Coast Guard)
I800.424.8802
MADEP
617.292.5000
USEPA, Region 1
617.223.7265
Local Hospital:
Lawrence General Hospital
1 General Street
Lawrence, MA 01842
978.683.4000 or 911
Poison Control Center
800.442.6305
IEmergency Response Contractor:
CYN Environmental Services, Inc. 800.622.6365
ENPRO Services, Inc. 800.966.1102
CHEMTREC Emergency 800.424.9300
3.1 RESPONSE TO A MINOR DISCHARGE
jA"minor" discharge is defined as one that poses no significant harm (or threat) to
human health and safety or to the environment. Minor discharges are generally
those where:
The quantity of product discharged is small (e.g., may involve less than 10
gallons of oil or gasoline);
1 • Discharged material is easily stopped and controlled at the time of the discharge;
Discharge is localized near the source;
Discharged material is not likely to reach water;
• There is little risk to human health or safety; and,
There is little risk of fire or explosion.
Minor discharges can usually be cleaned up by BMP personnel. The following
guidelines apply:
• Immediately notify the Facility Response Coordinator;
' • Under the direction of the Facility Response Coordinator, contain the discharge
with discharge response materials and equipment. Place discharge debris in
properly labeled waste containers;
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• Inspect stormwater management system catch basins, manholes and
Stormceptor units to insure they are free of debris and/or contaminants;
' • Cleaning of the Stormceptor units shall be completed in accordance with the
manufacturer's recommendations. Refer to Owner's Manual presented in the
Inspection and Maintenance Plan;
• The Facility Response Coordinator will complete the Discharge Notification Form
presented in Appendix A; and,
• If the discharge involves more than 10 gallons of gasoline or diesel fuel, the
Facility Response Coordinator will notify the MADEP Emergency Response Center
at 888.304.1133.
3.2 RESPONSE TO A MAJOR DISCHARGE
A "major" discharge is defined as one that cannot be safely controlled or cleaned
up by facility personnel, such as when:
t • The discharge is large enough to spread beyond the immediate discharge area;
• The discharged material enters water;
The discharge requires special equipment or training to clean up;
• The discharged material poses a hazard to human health or safety; or,
• There is a danger of fire or explosion.
' In the event of a major discharge, the following guidelines apply:
All workers must immediately evacuate the discharge site via the designated exit
routes and move to the designated staging areas at a safe distance from the
discharge. Exit routes are included on the facility diagram and posted in the
maintenance building, in the office building, and on the outside wall of the
outside shed that contains the spill response equipment;
If the Facility Response Coordinator is not present at the facility, the senior on-
site person notifies the Facility Response Coordinator of the discharge and has
authority to initiate notification and response. Certain notifications are dependent
on the circumstances and type of discharge. For example, if oil reaches a sanitary
sewer, the publicly owned treatment works (POTW) should be notified
immediately. A discharge that threatens Lake Cochichewick may require
' immediate notification to the Town Department of Public Works;
• The Facility Response Coordinator (or senior on-site person) must call for medical
assistance if workers are injured;
The Facility Response Coordinator (or senior on-site person) must notify the Fire
Department or Police Department;
The Facility Response Coordinator (or senior on-site person) must call the spill
response and cleanup contractors listed in the Emergency Contacts list presented
at the front of this Plan;
The Facility Response Coordinator (or senior on-site person) must immediately
contact the MADEP Emergency Response Center (888.304.1133) and the National
Response Center (888-424-8802);
The Facility Response Coordinator (or senior on-site person) must record the call
on the Discharge Notification Form in Appendix A;
The Facility Response Coordinator (or senior on-site person) coordinates cleanup
and obtains assistance from a cleanup contractor or other response organization
as necessary; and
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t
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• The Facility Response Coordinator (or senior onsite person) shall inspect all
components of the stormwater management system including manholes,
catchbasins and Stormceptor units to insure that they are free of debris and
contaminants and are functioning properly; and
• Cleaning of the Stormceptor units shall be performed in accordance with the
manufacturer's recommendations. Refer to the Owner's Manual presented in the
Inspection and Maintenance Plan.
If the Facility Response Coordinator is not available at the time of the discharge,
then the next highest person in seniority assumes responsibility for coordinating
response activities.
3.3 WASTE DISPOSAL
Wastes resulting from a minor discharge response will be containerized in
impervious bags, drums, or buckets. The Facility Response Coordinator will
characterize the waste for proper disposal and ensure that it is removed from
the facility by a licensed waste hauler within two weeks. Wastes resulting from a
major discharge response will be removed and disposed of by a cleanup
contractor.
' 3.4 DISCHARGE NOTIFICATION
Any size discharge (i.e., one that creates a sheen, emulsion, or sludge) that affects
or threatens to affect navigable waters or adjoining shorelines must be reported
immediately to the National Response Center (1-800-424-8802). The Center is
staffed 24-hours a day.
The person reporting the discharge must provide the following information:
Name, location, organization, and telephone number;
• Name and address of the party responsible for the incident;
Date and time of the incident;
• Location of the incident;
• Source and cause of the release or discharge;
• Types of material(s) released or discharged;
• Quantity of materials released or discharged;
Danger or threat posed by the release or discharge;
• Number and types of injuries (if any);
• Media affected or threatened by the discharge (i.e., water, land, air);
Weather conditions at the incident location; and,
Any other information that may help emergency personnel respond to the
incident.
Contact information for reporting a discharge to the appropriate authorities is listed
on the Emergency Contacts sheet at the front of this Plan and is also posted in
prominent locations throughout the facility.
In addition to the above reporting, 40 CFR 112.4 requires that information be
submitted to the EPA Regional Administrator and the appropriate State agency in
charge of oil pollution control activities whenever the facility discharges (as defined
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in 40 CFR 112.1(b)) more than 1,000 gallons of oil in a single event, or discharges
(as defined in 40 CFR 112.1(b)) more than 42 gallons of oil in each of two
discharge incidents within a 12-month period. The following information must be
submitted to the EPA Regional Administrator and to MADEP within 60 days:
Name of the facility;
• Name of the owner/operator;
Location of the facility;
• Maximum storage or handling capacity and normal daily throughput;
• Corrective action and countermeasures taken, including a description of
equipment repairs and replacements;
Description of facility, including maps, flow diagrams, and topographical maps;
• Cause of the discharge(s) to navigable waters and adjoining shorelines, including
a failure analysis of the system and subsystem in which the failure occurred;
• Additional preventive measures taken or contemplated to minimize possibility of
recurrence, and,
Other pertinent information requested by the Regional Administrator.
An Agency Notification Standard Report Form for submitting the information to the
EPA Regional Administrator and to MADEP is included in Appendix A. MADEP
requirements for Reporting Oil and Hazardous Waste Spills and Groundwater
Contamination to MADEP is presented in Appendix A.
r3.5 CLEANUP CONTRACTORS AND EQUIPMENT SUPPLIERS
Contact information for specialized spill response and cleanup contractors are
provided in Table No. 1. These contractors have the necessary equipment to
respond to a discharge of oil at BMP.
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Figure No. 1
Ln
LOCUS PLAN
I a
cm
BUTCHER BOY MARKETPLACE
01077 OSGOOD STREET
NORTH ANDOVER, MASSACHUSETTS
U
' BASED ON U.S.G.S.
QUADRANGLE: WORCESTER SOUTH LYNNFIELD ENGINEERING, INC.
Y LATITUDE: 42' 42' 52.45"N DANVERS, MASSACHUSETTS
LONGITUDE: 71° 06' 52.07"W MAY 2008
■
1 APPENDIX A
Discharge Notification Form/
' Agency Notification Standard Report
1
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Discharge Notification Form
' Part A: Discharge Information
General information when reporting a spill to outside authorities:
Name: Butcher Boy Marketplace
Address: 1077 Osgood Street North Andover, MA 01845
Telephone: 978.688.1511
' Owner/Operator: Angus Realty 1077 Osgood Street North Andover, MA 01845
Primary Contact: Alan Yameen, Facility Response Coordinator
Work: 978.688.1511
' Type of oil: Discharge Date and Time:
Quantity released: Discovery Date and Time:
Quantity released to a water body: Discharge Duration:
' Location/Source:
Actions taken to stop, remove, and mitigate impacts of the discharge:
Affected media:
❑ air
❑ water
' F-1 soil
❑ storm water sewer/POTW
❑ dike/berm/oil-water separator
❑ other:
Notification person: Telephone contact: Business: 24-hr:
Nature of discharges, environmental/health effects, and damages: Injuries, fatalities or
evacuation required?
Page 1 of 4
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Part B: Notification Checklist
' Date and time Name of person receiving call
Discharge in any amount
Alan Yameen, Facility Response Coordinator 978.688.1511
Discharge in amount exceeding 25 gallons
' Local Fire Department 978.688.9590 or 911
' MADEP Hazardous Materials and Waste Spills 888.304.1133
' Discharge in any amount and affecting (or threatening to affect) a water body
Local Fire Department 978.688.9590 or 911
MADEP Hazardous Materials and Waste Spills 888.304.1133
National Response Center 800.424.8802
CHEMTREC Emergency 800.424.9300
Page 2 of 4
K:\364-40\Reports\051208_App Watershed Special Permit\Emergency Response Plan\app A.doc
Agency Notification Standard Report
' Information contained in this report, and any supporting documentation, must be
submitted to the EPA Region 1 Regional Administrator, and to MADEP, within 60
days of the qualifying discharge incident.
Facility: Butcher Boy Marketplace
' Owner/operator: Angus Realty
1077 Osgood Street
North Andover, MA 01845
' Name of person filing report:
Location: 1077 Osgood Street
' North Andover, MA 01845
Maximum storage capacity:
' Daily throughput:
Nature of qualifying incident(s):
❑ Discharge to navigable waters or adjoining shorelines exceeding 1,000 gallons
t ❑ Second discharge exceeding 42 gallons within a 12-month period.
Description of facility (attach maps, flow diagrams, and topographical maps):
It
Page 3 of 4
K:\364-40\Reports\051208_App Watershed Special Permit\Emergency Response Plan\app A.doc
Cause of the discharge(s), including a failure analysis of the system and
subsystems in which the failure occurred:
t
Corrective actions and countermeasures taken, including a description of
equipment repairs and replacements:
' Additional preventive measures taken or contemplated to minimize
possibility of recurrence:
II
Other pertinent information:
' K:\364-40\Reports\051208_App Watershed Special Permit\Emergency Response Plan\app A.doc
1
1
1
1
1
ATTACHMENT NO. 7
1
Inspection and Maintenance Plan
i
1
1
' 1
1
1
1
1
I ' INSPECTION AND MAINTENANCE PLAN
FOR
BUTCHER BOY MARKETS
1077 OSGOOD STREET (ROUTE 125)
NORTH ANDOVER, MASSACHUSETTS
I
1
1
Prepared for:
Angus Realty Corporation
1077 Osgood Street
North Andover, Massachusetts 01845
1
' K:\364-40\Reports\051208_App Watershed Special PermitUnspection and Maintenance Plan\txt.doc
1
1
PROJECT DESCRIPTION:
' The Owner,Angus Realty Corporation, is proposing expansion of the existing parking lot and stormwater
management system. The Owner will be responsible for any future maintenance and implementation of
this Inspection and Maintenance Plan.
Owner
Angus Realty Corporation
1077 Osgood Street
North Andover, MA 01845
Telephone: 978-688-1511
' Facility Contact(Site Maintenance)
Alan Yameen
1 Angus Realty Corporation
1077 Osgood Street
1 North Andover, MA 01845
Telephone: 978-688-1511
1 Engineer
Richard Barthelmes, P.E.
' Lynnfield Engineering, Inc.
199 Newbury Street Suite 115
Danvers,MA 01923
1 Telephone: 978-777-7250
Planned Erosion and Sedimentation Control Measures During Construction Activities
' Storm Drain Inlet Protection
A temporary storm inlet protection filter will be placed around all catch basin units. The purpose of the
filter is to prevent the inflow of sediments into the closed drainage system. The filter shall remain in place
until a permanent vegetative cover is established and the transport of sediment is no longer visibly
' apparent. The filter shall be inspected and maintained on a weekly basis and after every storm event.
Page 1 of 3
K:\364-40\Reports\050708_App Watershed Special Permit\lnsp and Maint plan.doc
Surface Stabilization
The surface of all disturbed areas shall be stabilized during and after construction. Temporary measures
shall be taken during construction to prevent erosion and siltation. All disturbed slopes will be stabilized
' with a permanent vegetative cover. Some or all of the following measures will be utilized on this project
as conditions may warrant.
a. Temporary Seeding
b. Temporary Mulching
C. Permanent Seeding
d. Placement of Sod
e. Hydroseeding
f. Placement of Hay
g. Placement of Jute Netting
Long-Term Inspection and Maintenance Measures After Construction
Erosion Control
' Eroded sediments can adversely affect the performance of the stormwater management system. Eroding
or barren areas should be immediately re-vegetated.
Debris and Litter Removal
Trash may collect in the BMP's,potentially causing clogging of the facilities. All debris and litter shall be
removed when necessary, and after each storm event.
1 Catch Basin Maintenance
Catch basins shall be inspected on an annual basis to determine the depth of sediment contained within the
' sump. A minimum 12" separation shall be maintained between accumulated sediment and the catch basin
outlet. Accumulated debris shall be removed, as necessary,to insure proper operation of the catch basin,
but not later than every three years. Accumulated debris shall be removed by a qualified contractor and
' transported off site for disposal.
Pavement Maintenance
Paved areas of the site shall be re inspected on a lar basis and cleaned of accumulated sand and debris.
P �
At a minimum,paved areas shall be cleaned on a semi-annual basis. Pavement cleaning shall be
' performed by a qualified contractor and all material removed transported off site for disposal.
' Page 2 of 3
K:\364-40\Reports\050708_App Watershed Special Pennit\Insp and Maint plan.doc
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- GENERAL EROSION & SEDIMENTATION CONTROL NOTESCN
itia"R
z (z)
1 . PRIOR TO CONSTRUCTION AND THEREAFTER EROSION CONTROL MEASURES ARE TO BE w
IMPLEMENTED AS NOTED. THE SMALLEST PRACTICAL AREA OF LAND SHOULD BE �•. j to •�
EXPOSED AT ANY ONE TIME DURING DEVELOPMENT. WHEN LAND IS EXPOSED DURING �C
DEVELOPMENT, THE EXPOSURE SHOULD BE KEPT TO THE SHORTEST PRACTICAL PERIOD
" }•' . OF TIME. LAND SHOULD NOT BE LEFT EXPOSED DURING THE WINTER MONTHS.
ar i t P
LAJ
2. STRAW BALE BARRIERS SHALL BE INSTALLED AND MAINTAINED ALONG LIMITS OF WORK V
WHERE SHOWN. ADDITIONAL HAY BALES SHALL BE ADDED AS REQUIRED BY THE LC
ENGINEER. STRAW BALES WILL BE MAINTAINED PRIOR TO AND DURING
;;W t _' CONSTRUCTION UNTIL DISTURBED AREAS ARE STABILIZED. L4
- Al
I r� to
3. BALED STRAW SHALL BE MOWINGS OF ACCEPTABLE HERBACEOUS GROWTH, 4p
FREE FROM NOXIOUS WEEDS OR WOODY STEMS, AND SHALL BE DRY. (a �w
17
4. THE EROSION CONTROL DEVICES SHOWN ON THE DRAWINGS REPRESENT THE MINIMUM `I,
REQUIRED FOR EROSION CONTROL. THE CONTRACTOR SHALL ADD TO THESE DEVICES �-Zi
ANY AND ALL MEASURES AS REQUIRED BY THE ENGINEER TO EFFECTIVELY PREVENT p
MIGRATION OF SEDIMENT FROM THE WORK AREA. LEGEND O
z>•. _
+ 5. TEMPORARY EROSION CONTROL MEASURES SHALL BE INSTALLED IN STRICT PROPERTY LINE
�, I ACCORDANCE WITH PROJECT DRAWINGS. IN ADDITION SIMILAR MEASURES SHALL BE
LIMIT OF WETLANDS
p INSTALLED WHERE AND WHEN THE FIELD CONDITION, OR FIELD OPERATION
�. `'. '+ � `k �
100 NON DISTURBANCE SET
:� t r �/. '. _ .1 t..a f
' r-i • MAY WARRANT ALL TEMPORARY EROSION CONTROL MEASURES USED SHALL BACK
t° BE PERIODICALLY INSPECTED CLEANED AND MAINTAINED AND OTHERWISE
' ESTIMATED M HW SETBACK
KEPT IN AN EFFECTIVE OPERATIONS MANNER THROUGHOUT THE
f . f {
}� �F f r CONSTRUCTION PERIOD.
'-7--. 1. •,t, > \ r'. i�' %\\"�. ,r ' , •ut j?" -^ ,Fr,. v
ZONING DESIGNATION M
�."' �k .3�`"•."". � ((��
6. ANY DISTURBED AREAS WHICH ARE TO BE LEFT TEMPORARILY OR LONGER THAN TWO O O
r ,"' .•. ...-r. n t \ i '."", i T i i ",' j� '\'` tt t 4 'w,� '�� w- �T� '`.,. is ,
250 NON DISTURBANCE SETBACK Z
r WEEKS AND WHICH WILL BE REGARDED LATER DURING CONSTRUCTION, SHALL BE IQ..
cn O cn
i`.�" �i'� /f �
TEMPORARY SEEDED AN MACHINE E OF 1 .5 TONS ACRE. - - - �p -- - --.w. -. - 325' NON DISCHARGE SET I�
D CH NE STRAW MULCHED AT A RAT / BACK
' ` __._,_.,_ j ""` _ .. ,r,,,,„ \ !` f! !4 '/ 11'E a`i£ f/xi ,^,_�"'".".,,"'"'....•... ,.'+,rte. .^.'_ .� E ?ti 'moi Q
g:':t" t<, 1r-•'+;'!_ Vj ;r`-__....._ ____. F ._,a:. 'rt"` 1.s ,f x..- n ..`�.,.",:.� ?i ';tb :w. _...� �..s.. "^.....„'',. +...^. F`.` "'�''.',., F % iF t{i k.^`.a?.'f*;i-a.,�..fi"' ':;-,,;k 1. .§''.".•..�' ,`,:'`, w ,:w,,e:rr'.✓' .. 'na.,"'tea'.'='4t i?•.e`•E? ? rr �'."�:_. �_. �W.•� j
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7 AFTER ALL DISTURBED AREAS HAVE BEEN STABILIZED AND FOLLOWING INSPECTION AND PROPOSED HAYBALE BARRIER# HB
APPROVAL BY THE ENGINEER THE TEMPORARY EROSION CONTROL MEASURES ARE TO ct O
Y
BE REMOVED AND ACCUMULATED SEDIMENT DISPOSED OF IN A LOCATION DESIGNATED SF
PROPOSED SILT FENCE AND U V
BY THE OWNER. HAYBALE BARRIER p uj Q p uj
PROPOSED SIL FEN CE41
S e .,^C' ,.ra,v'�-..�.rta'Y'c e �"x^.r'� ' =,! �• ,i' '` f'. 'i'i~ _n. , r ^S"^'t O O Q
m..........,.. � �'F'a-._a �M.'�""'_✓ .1'r^s, _ t +- � � ^''` � ^"."r.+("' µti .._—•...».,.w... a`.--^"� l ,`
's 8. ALL DISTURBED AREAS AND SIDE SLOPES WHICH ARE FINISH GRADED WITH NO
AND HA YBA L E BARRIER . F H R Q
r t 1 .. L
URT E CONSTRUCTION TO TAKE PLACE SHALL BE SEEDED AND MULCHED ALL
DISTURBED AREAS OUTSIDE LIMITS OF WORK SHALL BE STABILIZED WITH LOAM. ALL
y -¢ ; 5F SEED LIME AND FERTILIZER PROGRAMS SHALL CONFORM ►� W ►� W
0 M TO A
� ALL APPLICABLE SECTIONS
OF THE SPECIFICATIONS. O
„
w
9. IN THE EVENT THAT DURING CONSTRUCTION OF ANY PORTION OF THIS PROJECT, A `� Q
k ,•�,� WINTER SHUTDOWN IS NECESSARY. THE CONTRACTOR SHALL STABILIZE ALL U Z
_ ;
�� w ` ,� -�.
_ `;. ° . _ . .. a� ~ ..�. �:�' TING RUNOFF IN
7,, 7`1, 771i
� Y INCOMPLETE WORK AND PROVIDE FOR SUITABLE METHODS OF DIVER ,�
',� "` `� ' ; Or
�' ORDER TO ELIMINATE SHEET FLOW ACROSS FROZEN SURFACES. O p
_ 5 a 4
.. N PRIOR TO THE START T OF CONSTRUCTION
1 . ALL APPLICABLE EROSION CONTROL MEASURES AS SHOWN
ON THE PLAN MUST BE IN
w 4, mPLACE AND REVIEWED AND APPROVED BY THE ENGINEER, 03"
` ' 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ASSURING THAT NO EROSION ON THE w
SITE SHALL OCCUR WHICH WILL CAUSE DEPOSITION OF SOIL OR SEDIMENT UPON
ADJACENT PROPERTIES OR PUBLIC WAYS.
'7_1'.,.1-� ",.:7...vr' ..n'•7"- _,. -r-a :`..t"`1. ._...._y.... .�...'r^..�.... ..
r ! y 7 !. r. .�_� 1;r7 w_w ! -7-7777777777;77;
DURING CONSTRUCTION
0 0
PROPOSED HA YBALE "'
1 . DUST CONTROL SHALL BE CONTROLLED BY THE USE OF WATER AS NECESSARY AND
41
BARRIER �� �! ROADWAY MAINTAINED FREE AND CLEAR OF DUST AND DEBRIS THROUGHOUT
' CONSTRUCTION. W
E Ij `i 2. THE CONTRACTOR SHALL LOCATE STOCKPILES OF MATERIAL AWAY FROM LAKE
� 4 COCHICHEWICK. TEMPORARY EROSION CONTROL MEASURES CONSISTING OF HAYBALES
5( r 'w __.�._._�_ AND SILT FENCE SHALL BE INSTALLED AROUND ALL MATERIAL STOCKPILES.
' t-.�/ t fi �$
r f�,f' / s
,
n_ '` ` 1{._ r' �I 3. WEEKLY INSPECTION OF EROSION CONTROL MEASURES SHALL BE COMPLETED BY THE
ENGINEER. A WRITTEN REPORT SHALL BE PREPARED INDICATING ANY
DEFICIENCIES IN
- EROSION CONTROL MEASURES OBSERVED AND REQUIREMENTS FOR ADDITIONAL
�r EROSION CONTROLS TO BE INSTALLED IF NECESSARY.
..y.., ,_ P < , .q j -, ,.g� - _. � a"'Y r- � T 1. 1 � ''� ' r r "`t f/ .._ ,✓• `,s� � .
325 f i r 1 a F e f• e` d,! �t t d f� ! t J 1 s!++ a`L1 i� �
l F r•'Q k t
, .,... <-, ; ;,; _ ;! -` ;__ _w....W_ CONSTRUCTION SEQUENCE
r
,.:.:z t` w_..!'`%. `.L,.:f
d ...a._e, t`�": w r_;f _ G, r f . ._! . _ F6{. !. .. r�. ! !�` f✓s � .�e ? <� s s x fC ter` f fl r
i ..,_F
_.-... �..<.._.........._.-.... - � _�+. _ ....:.......-_..n. -
1 . INSTALL EROSION AND SEDIMENTATION CONTROL MEASURES. n�J
C^
2 CUT AND REMOVE PAVEMENT.
,
7-7-
7 ;7
r
4
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3. O � O
INSTALL UNDERGROUND UTILITIES. �1
4. CONSTRUCT CONCRETE PAD.
! \ - ' , fi rte" _ i 5. INSTALL BITUMINOUS CONCRETE PAVEMENT. C`V�
3 yi
6. CONSTRUCT REFRIDGERATED STORAGE UNIT.
r lr ...i � ..,. j_L✓ . '"F.t _w r_ ."t. -
p ;:) � f,.,, .^«, r-'\ • a i � - F
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ziA 'FF n A i r-� A <,s I A 1 7. PERFORM SITE CLEANUP.
Z ra
N
8. INSPECT SITE TO ASSURE SITE STABILIZATION PRIOR TO REMOVAL OF EROSION o
CONTROL MEASURES.co
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GRAPHIC SCALE tig1%dt, z o
N 20 0 10 20 40 80
RICHARD
o BARTHELMES a:4 O U tVi� p
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NO 33017
( IN FEET ) .off O SHEET No.
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PROJECT No. LE 364-40