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HomeMy WebLinkAboutMiscellaneous - 1600 OSGOOD STREET Toot n of North Andover APPROVAL REQUIRED ts�zn�tit1�Department UNDER SUBDIVISION -" 1 :f1�$a7Stte. t,a'e gg For LP VTOnjy " Date Starnped Received by J u ' y } ;. i' � � Date stamped Received by Planning Board Town Clerk µaRtk j O B t +{ Application Number: Signature: Property: 1600 Osgood Street Map(s)34 Parcel(s): 17 7 Street No. Street Name Applicant(s): 1600 Osgood Street, LLC and Osgood Landing, LLC 1600 Osgood Street North Andover, MA 01845 Street Address Town/City Zip Code 978-681-5004 Phone Number Email Address Property 1600 Osgood Street LLC and Osgood Landing LLC Owner(s): 1600 Osgood Street North Andover, MA 01845 Street Address Town/City Zip Code 978-681-5004 Phone Number Email Address Zoning District(s): Industrial 2/40-R Business Opportunity Zone Total Site Area: 156.513 acres 40-R Residential Mixed-Use Zone/40R Mixed Use Dev. Zone (Acres or sq.ft.) Area For Each Parcel(sq.ft.): Main Parcel 518,217 sa. ft. Lot "A" 1,609,218 sa. ft. Parcel "B" 27,244 sq. ft. Frontage For Each Parcel(ft.)• Main Parcel 2,239.01 Ft. Lot "A" 1,600.43 feet Parcel "B" 0 Wetlands Protection District? ®Yes ❑ No Flood Plan District? ®Yes ❑ No (State and Local Jurisdiction) Area Within Wetland Protection District For Each Parcel(sq.ft.): Main Parcel - 285,923 sq. ft. Lot "A" - 81,000 +/- sq. ft. Parcel "B" - N/A Contiguous Buildable Area For Each Parcel(sq.ft.): Main Parcel - Exceeds 75�b of minimum lot area Lot A - Exceeds 75% of minimum lot area ANR Application Pae 1 of 4 �'f y 4 t . ThFor Determination e undersigned Applicant wishes to record the accompanying plan and requests a determination and endorsement by the Planning Board that approval by it under Subdivision Control Law is not required. The Applicant believes that approval is not required for the following reasons (check each box of applicable paragraph(s)and fill in any blanks in such paragraph(s)): ❑ 1. The accompanying plan is not a"subdivision"because the plan does not show a division of land. ❑ 2. The division of the land shown on the accompanying plan is not a "subdivision" because every lot shown on the plan has at least feet of frontage as required by the North Andover Zoning Bylaw; and every lot shown on the plan has such frontage on: a. A public way or way which the Town Clerk certifies is maintained and used as a public way, namely: OR (Name of way) b. A way shown on a plan previously approved and endorsed in accordance with the Subdivision Control Law namely: OR (Name of way) c. A way in existence when the Subdivision Control Law became effective in North Andover, which has sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting the way and for the installation of municipal services to serve the lot(s) and the building(s) erected or to be erected thereon,namely: (Name of private way) © 3. The division of the tract of land shown on the accompanying plan is not a "subdivision" because it shows a proposed conveyance which changes the size and/or shape of the lot(s) in such a manner that frontage is not affected. ❑4.The division of the tract of land shown on the accompanying plan is not a"subdivision"because two or more buildings were standing on the land when the Subdivision Control Law went into effect in the Town of North Andover, and one of such buildings remains standing on each of the lots as shown and located on the accompanying plan. Evidence of the existence of such buildings prior to the effective date of the Subdivision Control Law is submitted as follows: (attach documentation list items included in that documentation) ANR Application Page 2 of 4 Reasoll For Determination Other reasons or comments:(See M.G.L., Chapter 41, Section 81-L) Parcel "B" is to be removed from the Main Parcel and added to adjoining Lot "A" as shown on the Plan. Lot "A" is a conforming lot. '��i 5 Gl �IQG O h �Oy1SI7 iCs -"W f,r�' fl K, rls .ave, l nes wore CIvge ,eSewbiie �40 nes, The owner's title to the land is derived under deed from Lucent Technologies, Inc. , dated 8/21/03 and recorded in the Essex North Registry of Deeds, Book 8213Page 272 or cxxxxxxx �FxxxxxxxxxxxxxxX MTheappli'cation shall be filled out completely and in accordance with the Planning Board Procedures for Approval under Subdivision Control Law Not Required and the ANR Checklist so that there will be no ambiguity or uncertainty as to the applicant's intent in seeking approval of this application. In the case of Approval Not Required, the following points, based on Section 3 of the Rules and Regulations Governing the Subdivision of Land In North Andover, shall be identified and factually supported on the plan and/or at the hearing and considered by the Planning Board: 1. In determining whether each and every lot shown on the plan has adequate frontage, the Board will determine first, whether the lot directly abuts a public or private way and second, whether the lot has direct,practical access from the abutting way. 2. In determining whether an existing private way is adequate, the Planning Board shall consider the following: a. That the way is paved and adequate to accommodate public safety access; b. That the way is comparable to other public ways in the area; c. That the way by virtue of its horizontal and vertical alignment provides safe travel. d. When direct access to a lot from the abutting street is not possible due to non-access strips or easements or due to steep grades,Wetland Resource Areas,watercourses or other physical constraints, the Planning Board may consider the lot as not having sufficient frontage to allow a division of land without approval under the Subdivision Control Law. e. The full length of the required frontage must contain adequate access as defined in Item 3.3.1. Applicant is advised to review the North Andover Subdivision Rules and Regulations prior to filing an application and prior to appearing before the Board at a public hearing. ANR Appheation Page 3 of 4 k 7Theersigned hereby certifies that he/she has read and examined this application and that the proposed s accurately represented in the statements made in this application and on the plan(s). 1600 Osgood Street, LLC **Owner(s):Bduly authorized4/ -? /O8 Date: Osgood Landing, LLC Date: Applicant: BY: duly authorized Date 4/ 7 /08 Date: ** The signature of the property owner(s) is required for the application to be accepted. ❑ The North Andover Planning Board has determined that said plan shows a subdivision,as defined by Mass. General Law,Chapter 41,Section 81-L and must,therefore,be resubmitted for approval under Subdivision Control Law for the following reasons: Signed: For the North Andover Planning Board Date: ❑ The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law and the appropriate endorsement has been made upon the same. Signed: For the North Andover Planning Board Date: ANR Application Page 4 of 4 Daley, Lincoln From: Orit Goldstein [OGoldstein@ozzyproperties.com] Sent: Friday, April 25, 2008 3:39 PM To: Daley, Lincoln Cc: kam@harryrfeldman.com; Christopher M Francher; Ippolito, Mary Subject: RE: Review of ANR Plan 1600 Osgood Street I am willing to grant and think that the extension to May 6th is reasonable. However as we discussed, it is important that this be completed on or before that date and recognize that there are several parties involved. So, to ensure that happens, I request that if it is not completed by Wednesday of next week, we have a scheduled sit down meeting on Thursday the 15t with the goal of getting any and all issues resolved at that time. Thanks, Orit Goldstein Ozzy Properties, Inc. 1600 Osgood Street North Andover, MA 01845 Tel: 978-681-5004 x115 Fax: 978-332-5440 ogoldstein _ozzyproperties.com From: Daley, Lincoln [mai Ito:Idaley@townofnorthandover.com] Sent: Friday, April 25, 2008 11:38 AM = To: Orit Goldstein ' Cc: kam@harryrfeldman.com; Christopher M Francher; Ippolito, Mary e Cn Subject: RE: Review of ANR Plan 1600 Osgood Street Good morning Orit: _ma C� I am continuing to work with both Karl and Christopher to incorporate my comments and concerns into the final ANR Plans. As you are may be aware,the deadline date for approval is Sunday,April 27th. I am requesting that you grant the town an extension to May 6th to allow us to resolve any/all remaining issues and submission of the revised plans. Thank you in advance for your assistance. Lincoln From: Daley, Lincoln Sent:Tuesday, April 22, 2008 4:55 PM To: 'Christopher M Francher' Cc: 'Orit Goldstein'; 'kam@harryrfeldman.com' Subject: Review of ANR Plan 1600 Osgood Street Christopher: Attached please find my first review of the plan titled"Approval Plan of Land,Assessors Map 34—Lot 17,1600 Osgood Street, North Andover, Massachusetts", dated March 10, 2008. My primary concerns involve a level of consistency between the submitted ANR Plan,the ANR Plan submitted by Harry R. Feldman, Inc., and the Approved 2005 ANR Plan. Please contact me to discuss at 978-688-9535. Thank you. 1 SlY1OLAK & *1/AtaG1 1AN � John T. Smolak 5g9¢ 1q�: 978-327-5219 --- A L A ch 1,i cAli►l e a ttLghWIXOM "M3 JAN PH if: 1 i November 14,2007 Via Email and Facsimile Albert P.Manzi,III,Esq.,Chairmanp®r�'"/;� �t1� � B�i'4 V� Zoning Board of Appeals Town of North Andover Building 20,Suite 2-36 1600 Osgood Street North Andover,Massachusetts 01845 RE: Application for Comprehensive Permit-Residences at Osgood Landing Property: 1600 Osgood Street(Assessors Map 34 Lot 17) Owner: Osgood Landing,LLC Applicant: Osgood Residences LLC-Request For Continuance Dear Chairman Manzi and Other Board Members; On behalf of the Applicant,Osgood Residences,LLC,we hereby request the Board to continue the hearing scheduled for Tuesday,December 18,2007 to the Board's regularly scheduled hearing date in January,2008. As reasons for the continuance,the last remaining step in the Chapter 40R approval process includes expiration of the 90- day period after posting of the approved zoning article,all as required for the approval of any zoning bylaw under the procedures of Section 32 of M.G.L.c.40. In accordance with the terms of a Development Agreen-tent entered into between the Town of North Andover and the property owner,there is a requirement for the filing of a notice of withdrawal of the pending Comprehensive Permit Application with the Board of Appeals within fourteen(14)days after Final Chapter 4QR Approval and after the Town notifies the site owner that Final Chapter 40R Approval has occurred. The Board had informed me at the Board's November 13,2007 hearing that there would be no reason for any representative of Osgood Residences,LLC to attend.the December 18,2007 meetin&but please advise me if changes in circumstances would necessitate our attendance. On behalf of Osgood Residences,LLC,thank you for your assistance with this matter,and please feel free to contact my office with any further questions or concerns. erely, John T.Smolak cc: Orit Goldstein,Manager,Osgood Residences,LLC .Jefferson Office Park,820 Turnpike Street,Suite 203,North Andover,MA 01845 WN*N1NV.SMOLAKV AU GHAN.COM SMOLAK & VAUGHAN a John T.Smolak T: 9t"���P ���h� 978-327-5219 r. A , LAWfi��mat�lak(r+ 13+3 a�utl�iui�ec�na ,008 JAN -9 AM 9. 5 November 14,2OfV Via Email and Facsimile NORTH ' Albert P.Manzi,III,Esq.,Chairman N A 5 S A CIV I I➢ a ; Zoning Board of Appeals Towyn of North Andover Building 20,Suite 2-36 1600 Osgood Street North Andover,Massachusetts 01845 RE: Application for Comprehensive Permit Residences at Osgood Landing Property: 1600 Osgood Street(Assessors Map 34,Lot 17) Owner: Osgood Landing,LLC Applicant Osgood Residences,LLC-Request For Continuance Dear Chairman Manzi and Other Board Members. On behalf of the Applicant,Osgood.Residences,LLC,we hereby request the Board to continue the hearing scheduled in January,2008 to the Board's regularly scheduled hearing date in February,2008. As reasons for the continuance,the last remaining step in the Chapter 40R approval process includes expiration of the 90-day period after posting of the approved zoning article,all as required for the approval of any zoning bylaw under the procedures of Section 32 of M.G.L.c.40. In accordance with the terms of a Development Agreement entered into between the Town of North Andover and the property owner,there is a requirement for the filing of a notice of withdrawal of the pending Comprehensive Permit Application with the Board of Appeals within fourteen(14)days after Final Chapter 40R Approval and after the Town notifies the site owner that Final Chapter 40R Approval has occurred. The Board had informed me at the Board's November 13,2007 hearing that there would be no reason for any representative of Osgood Residences,LLC to attend the January,2008 meeting,but please advise me if changes in circumstances would necessitate our attendance. On behalf of Osgood Residences,LLC,thank you for your assistance with this matter,and Please feel free to contact my office with any further questions or concerns. ,-jincerely, ?, Jhn T.Smolak cc: Orit Goldstein,Manager,Osgood Residences,LLC Jefferson 01Wce Park,820 Turnpike Street,Suite 203,North Andover,MA 01845 W W W.SMQLAK VAUGH AN.CUl19 OLA & y �., GH -, John T. Smolat�c^ T' 9 rF A 978-327 T i". N E ': _ A L A. `v°a' m A -9 A H 9: . November 14,20P7 Via Email and Facsimile f Albert P.Manz,III,Esq.,Chairman ° Zoning Board of Appeals Town of North Andover Building 20,Suite 2-36 1600 Osgood Street North Andover,Massachusetts 01845 RE: Application for Comprehensive Permit-Residences at Osgood Landing Property: 1600 Osgood Street(Assessors Map 34,Lot 17) Owner: Osgood Landing,LLC Ag h� Osgood Residences LLC-Request For Continuance Dear Chairman Manzi and Other Board Members. On behalf of the Applicant,Osgood Residences,LLC,we hereby request the Board to continue the hearing scheduled in January,2008 to the Board's regularly scheduled hearing date in February,2008. As reasons for the continuance,the last remaining step in the Chapter 40R approval process includes expiration of the 90-day period after posting of the approved zoning article,all as required for the approval of any zoning bylaw under the procedures of Section 32 of M.G.L.c.40. In accordance with the terms of a Development Agreement entered into between the Town of North Andover and the property owner, there is a requirement for the filing of a notice of withdrawal of the pending Comprehensive Permit Application with the Board of Appeals within fourteen(14)days after Final Chapter 4aR Approval and after the Town notifies the site owner that Final Chapter 40R Approval has occurred. The Board had informed me at the Board's November 13,2007 hearing that there would be no reason for any representative of Osgood Residences,LLC to attend the January,2008 meeting,but please advise me if changes in circumstances would necessitate our attendance. On behalf of Osgood Residences,LLC,thank you for your assistance with this matter,and please feel free to contact my office with any further questions or concerns. irtcerely, t John T.Smolak cc: Orit Goldstein,Manager,Osgood Residences,LLC .aefferson Office Park,820 Turnpike Street,Suite 243,North Andover.MA 01845 WWW.SM0LAKVAUGHAN.00A1 ,&ORTH o ,'..;"gti0 3?SE.o O Oc o u r �9SSpCMUS�� COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning Zoning February 11, 20o8 Ms. Orit Goldstein, Manager 1600 Osgood Street, LLC c/o Ozzy Properties, Inc. 1600 Osgood Street North Andover, MA o1845 RE: 4oR Zoning Final Approval Dear Ms. Goldstein: The Town, per the Development Agreement with 1600 Osgood Street, LLC,is required to notify the owner when the final 4oR approval has oc Per item 1o(c) of the Development Agreement y notify you that as of February 8, 2oo8,the final 90-day appeal I ider MGL c. 40, sec. 32,for approval of the Smart Growth Overlay mciment,therefore, becoming an approved zoning amendment. Furthermore, as stated in item 1o(c) of the De owner,you should file a written request to withdraw,without pre,______, a___e�_P=__a_=_va_.-s ermit Application for the project known as The Residences at Osgood Landing,dated January 29, 2007,filed with the North Andover Board of Appeals. This office will forward a copy of this letter to the Board of Appeals,notifying them that the amendment has received all approvals and that the pending comprehensive permit will be withdrawn. If you have any further questions or comments please let me know,thank you. Sincerely, AI� Curt Bellavance, Director Copy: Mark H. Rees,Town Manager Thomas Urbelis,Town Counsel Board of Appeals Joyce Bradshaw,Town Clerk r/ 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com Town o (7)r fl'-7N nildto11,r APPROVAL i REQUIRED ; (FORM UNDER SUBDIVISION CONTROL LA W Pt T tin r r4 For G D i� _ 3 Town Use Only � < Date Stamped Received by Date Stamped Reeeived ib� PlanningBoard oarr I win.Clerk o m x 5� �$�lC4di5 �$ Application Number: Signature: Property: 1600 Osgood Street Map(s)34 Parcel(s): 17 Street No. Street Name Applicant(s): 1600 Osgood Street, LLC and Osgood Landing, LLC 1600 Osgood Street North Andover, MA 01845 Street Address Town/City Zip Code 978-681-5004 Phone Number Email Address Properly 1600 Oscfood Street LLC and Osgood Landing, LLC Owner(s): 1600 Osgood Street North Andover, MA 01845 Street Address Town/City Zip Code 978-681-5004 Phone Number Email Address Information Industrial 2/40-R Business Opportunity Zoning District(s): pportunit Zone Total Site Area: 37.542 acres 40-R Residential Mixed-Use Zone/40R Mixed Use Dev. Zone (Acres or sq.ft.) Area For Each Parcel(sq.ft.): Lot Al 266,075 sa. feet Lot A2 1,369,256 sq. feet Frontage For Each Parcel(ft.): Lot Al 308.27 feet Lot A2 1,291.18 feet Wetlands Protection District? 0 Yes ❑ No Flood Plan District? ❑Yes ❑ No (State and Local Jurisdiction) Area Within Wetland Protection District For Each Parcel(sq.ft.): Lot Al - N/A Lot A2-81,000 +/- Sq. feet Contiguous Buildable Area For Each Parcel(sq.ft.): Lot Al - Exceeds 75% of minimum lot area Lot A2 - Exceeds 75% of minimum lot area ANR Application Pae 1 of 4 The undersigned Applicant wishes to record the accompanying plan and requests a determination and endorsement by the Planning Board that approval by it under Subdivision Control Law is not required. The Applicant believes that approval is not required quired £or the following reasons (check each box of applicable paragraph(s) and fill in any blanks in such paragraph(s)): ❑ 1.The accompanying plan is not a"subdivision"because the plan does not show a division of land. Q 2. The division of the land shown on the accompanying plan is not a "subdivision" because every lot shown on the plan has at least 150 feet of frontage as required by the North Andover Zoning Bylaw;and every lot shown on the plan has such frontage on: a. A public way or way which the Town Clerk certifies is maintained and used as a public way, namely: Osgood Street OR (Name of way) b. A way shown on a plan previously approved and endorsed in accordance with the Subdivision Control Law namely: OR (Name of way) c. A way in existence when the Subdivision Control Law became effective in North Andover, which has sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting the way and for the installation of municipal services to serve the lot(s) and the building(s) erected or to be erected thereon, namely: (Name of private way) 3. The division of the tract of land shown on the accompanying plan is not a "subdivision" because it shows a proposed conveyance which changes the size and/or shape of the lot(s) in such a manner that frontage is not affected. ❑4.The division of the tract of land shown on the accompanying plan is not a"subdivision"because two or more buildings were standing on the land when the Subdivision Control Law went into effect in the Town of North Andover, and one of such buildings remains standing on each of the lots as shown and located on the accompanying plan. Evidence of the existence of such buildings prior to the effective date of the Subdivision Control Law is submitted as follows: (attach documentation list items included in that documentation) ANR Application Page 2 of 4 7Other reasons or comments: (See M.G.L., Chapter 41, Section 81-L) Parcel B from ANR Plan. of MHF Design dated March 10, 2008 is consolidated into, and forms a portion of, Lot A. Lot Al is to be removed from the entire Lot A, creating Lot Al and A2 as shown on the Plan. Lot A and Lot A2 are each conforming lots. S2Co�J� �' Plays �AIP,v to -to- 1419 - lat G-Ns b reumbitta .46rZ The owner's title to the land is derived under deed from Lucent Technologies, Inc. dated 8/21/03 and recorded in the Essex North Registry of Deeds, Book 8213 Pae 272 and g off` ��xxxx�cxx deed from 1600 Osgood Street, LLC dated 11/10/06 and recorded at Book 10590, Pae 007 The application shall be filled out completely and in accordance with the Planning Board Procedures for Approval under Subdivision Control Law Not Required and the ANR Checklist so that there will be no ambiguity or uncertainty as to the applicant's intent in seeking approval of this application. In the case of Approval Not Required, the following points, based on Section 3 of the Rules and Regulations Governing the Subdivision of Land In North Andover, shall be identified and factually supported on the plan and/or at the hearing and considered by the Planning Board: i. In determining whether each and every lot shown on the plan has adequate frontage, the Board will determine first, whether the lot directly abuts a public or private way and second, whether the lot has direct, practical access from the abutting way. 2. In determining whether an existing private way is adequate, the Planning Board shall consider the following: a. That the way is paved and adequate to accommodate public safety access; b. That the way is comparable to other public ways in the area; c. That the way by virtue of its horizontal and vertical alignment provides safe travel. d. When direct access to a lot from the abutting street is not possible due to non-access strips or easements or due to steep grades, Wetland Resource Areas,watercourses or other physical constraints; the Planning Board may consider the lot as not having sufficient frontage to allow a division of land without approval under the Subdivision Control Law. e. The full length of the required frontage must contain adequate access as defined in Item 3.3.1. Applicant is advised to review the North Andover Subdivision Rules and R prior to film Regulations P g an application and prior to appearing before the Board at a public hearing. ANR Application Page 3 of 4 i The undersigned hereby certifies that he/she has read and examined this application and that the proposed project is accurately represented in the statements made in this application and on the plan(s). 1600 Osgood Street, LLC **Owner(s):BY: duly authorized Date:, 4/ -7/08 Osgood Landing, LLC Date: Applicant: By: duly authorized Date: 4/ 7 /08 Date: *# The signature of the property owner(s) is required for the application to be accepted. 7General orth Andover Planning Board has determined that said plan shows a subdivision,as defined by Mass. Law,Chapter 41,Section 81-L and must,therefore,be resubmitted for approval under Subdivision Control Law for the following reasons: Signed: For the North Andover Planning Board Date: ❑ The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law and the appropriate endorsement has been made upon the same. Signed: For the North Andover Planning Board Date: ANR Application Page 4 of 4 ,aORTM 9 O tten.br NO 1 * 2 e �9S qreo rt� SACHusE COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning Zoning February 11, 2oo8 Ms. Orit Goldstein, Manager 1600 Osgood Street, LLC c/o Ozzy Properties, Inc. 1600 Osgood Street North Andover, MA o1845 RE: 4oR Zoning Final Approval Dear Ms. Goldstein: The Town, per the Development Agreement with 1600 Osgood Street, LLC,is required to notify the owner when the final 4oR approval has occurred. Per item lo(c) of the Development Agreement, our office wanted to officially notify you that as of February 8, 2oo8,the final go-day appeal period has run as described under MGL C.40, sec. 32,for approval of the Smart Growth Overlay District(OSGOD) zoning amendment,therefore, becoming an approved zoning amendment. Furthermore, as stated in item 1o(c)of the Development Agreement,as the owner,you should file a written request to withdraw,without prejudice,the Comprehensive Permit Application for the project known as The Residences at Osgood Landing,dated January 29, 2007,filed with the North Andover Board of Appeals. This office will forward a copy of this letter to the Board of Appeals,notifying them that the amendment has received all approvals and that the pending comprehensive permit will be withdrawn. If you have any further questions or comments please let me know,thank you. Sincerely, Curt Bellavance, Director Copy: Mark H. Rees,Town Manager Thomas Urbelis,Town Counsel Board of Appeals Joyce Bradshaw,Town Clerk r/ 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com