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HomeMy WebLinkAboutMiscellaneous - 1600 OSGOOD STREET (2) 1 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important; When filling out 1. Applicant: forms on the Robert Bartley, 1600 Osgood Street, LLC c/o Ozzy Properties, Inc. computer, use Name only the tab key to move 1600 Osgood Street your cursor- Mailing Address do not use the North Andover MA 01845 return key. City/Town State Zip Code 2. Property Owner(if different): Orit Goldstein, 1600 Osgood Street, LLC' Name � 1600 Osgood Street Mailing Address North Andover MA 01845 City/Town State Zip Code B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: 4/27/06 Issued by: North Andover Date Conservation Commission for work at: 1600 Osgood Street Map 32 Parcels 17,16 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds-for: Essex North 11547 154 County Book Page Certificate(if registered land) is hereby extended until: 4/27/11 4/27/10 Date Date the Order was last extended(if applicable) ' This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. This Extension Permit must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office(http://www.massciov/dep/about/region/findyour.htm) Sign tures: Date S-//0 l wpaformTdoc-rev.3/1/2010 Page 1 of 2 R Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant,prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions)in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach this page and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: North Andover Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 1600 Osgood Street 242-1352 Project Location DEP File Number has been recorded at the Registry of Deeds of: Essex North County for: Orit Goldstein, 1600 Osgood Street, LLC Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaformTdoc•rev.3/1/2010 Page 2 of 2 fo"t(UTime Stamp NORTH O S This is to certify that twenty(20)days T have elapsed from date of decision,filed without filing of an appeal. 0 3 2PL2 I- - 2006 N DEEC 2`2 P. - 24 Joyce A.Bradshaw -i Town Clark N 0 R C HUS M A 5 S?s •f i'U", ZONING BOARD OF APPEALS Community Development Division Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A,§17 Property at: 1600 Osgood Street,Let A Corrected Co NAME: 1600 Osgood Street LLC,c/o Ozzy HEARING(S): September 12&October Properties,Inc.,3 Dundee Park, 10,2006,December 12 2M Andover,MA 01810 ADDRESS: 1600 Os Street,Lot A PETITION: 2006-030. North Andover,MA 01845 TYPING DATE: October 12,2006 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,October 10,2006 at 7:30 PM upon the application of 1600 Osgood Street LLC,do Ozzy Properties,Inc.,3 Dundee Park,Andover,MA 01810 for premises at: 1600 Osgood Street(Map 34,Pared 17,Lot A),North Andover requesting a dimensional Variance for relief from the requirements of Section 6,Paragraph 6.6 of the Zoning Bylaw in order to install a ground sign winch would be greater than 100 square fed of sip area Said premise affected is property with frontage on the West side of Osgood Street within the 1-2 zoning district. Leo 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 August 21&August 28,2006, The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,ARM P.Manzi,III, Richard M.Vaillancourt and Daniel S.Braese. The following non-voting members were present: Richard J. Byers and Thomas D. Ippolito. Upon a motion by Joseph D.LaGrasse,supplemented by Albert P.Maw!,and 2'd by Richard M. Vaillancourt,the Board voted to GRANT a dimensional Variance from Section 6,Paragraph 6.6.G.3 of the Zoning Bylaw for relief of 20 sq.ft.in order to install the 120 sq.ft.Osgood Landing North Entrance ground sign per: Site: 1600 Osgood Street(Map 34,Parcel 17,Lot A),North Andover,MA 10845 Site Plan Title: Sip Plan,Assessor's Aft 34—Lot 17, 1600 Osgood Street,North Andover, Massachusetts,prepared for 1600 Osgood Street LLC, 1600 Osgood Street, North Andover,Massachusetts Date(&Revised Dates): September 11,2006,signed 9/12/06 Registered Professional Christopher Francher,P.L.S.#36116, MW Design Consultants,Inc., 103 Land Surveyor: Stiles Road,Suite One,Salem New hire 03079 Sheet/Drawing. I of 1,Prrject No.206606 Sign Plan Title: Osgood Landing,North Andover,MA,Ozzy Properties,Inc.,3 Dundee Park,Andover,MA 0 18 10,Sign Type 2:Main Entrance Monuments By: IFTF/Blackstone,One Grafton Common,Suite L2,Grafton,MA 01519 Date: 108-04-06 1 of 1,Dwg.No. S-2A[North Entrance] Page I of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.towoofnartharidover.com L 6 poRry Town Clerk Time Stamp � �s�40.iG F6 E D � r 'Y 7 CE h• 2L y ceaiwi.+evwer (SULD.-r.I 9s R SA 55 ,i•. 13 t pi HDIr ZONING BOARD OF APPEALS t ` Community Development Division With the following conditions: 1. Ali signs shall be externally`Ruminated 2. The applicant shaft remove the ground sign#11 Qlbck metal kP—gQ—rd A n to the left of entrance 1's guard shack1 ars started in the John Smolak a-mail of October Z7,2006. The applicant shall remove the#9 fence banners as listed in the John Smolak e-mail of September 25,2006 and the Huntress Associates Osgood Landing Signage Master Plan,1600 Osgood Street LLC PowerPoint pamphlet illustrating the above within six(6)months after the issuance of Variance 2006-030. 3. The shall relocate #10 Me le Xeme Parkin SO vet m the front vat fine as tided in the John SWwlak e-mailof October 27,2W Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III,Richard M.Vaillancourt,and Daniel S.Braese. Voting in favor-of the correction• Ellen P t6iclntyre,Joseph A LaGrasse,Albert P. Manzi III Richard M VW11ancourt and Daniel S Braese. The Board finds that owing to circumstances relating to the shape and topography of Map 34,Parcel 17A especially affect this land and its structures but does not generally affect the I-2 zoning district in which it is looted,a literal enforcement of the provisions of Paragraph 6.6.G.3 would involve substantial hardship, financial or otherwise,to 1600 Osgood Street LLC and its tenants. The Board finds that one abutter spoke in favor of the petitions at the September 12n'meeting and wrote a letter of support on September 13,2006. The Board finds that there was no written or spoken opposition. The Board finds that the 1,583.47'frontage along State Route 125,the 37.042 acreage of Osgood Landing,Map 34 Parcel 17A,the proposed multiple tenants and uses at Osgood Landing,and the need for quick entrance choices by Emergency Personnel and visitors are the specific conditions that satisfy the provisions of Section 10,Paragraph 10.4 of the Zoning Bylaw. The Board finds that the removal of the#9 72 sq.ft.and 15 sq.ft.fence banners,the#11[empty black metal frame billboard 169 a.-&-/existingzryand sign and the relocation oLthe#10 existing ground s&n [Emplovee PaH=0 per the above September 25 and October 27 e-mails and PowerPoint Signage Master Plan satisfy the provisions of Section 6.6.G.3 of the Zoning Bylaw and that desirable relief may be granted for the North Entrance and its tenants'ground sign of 120 sq.I without substantial detrimc&to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web www.townofnerthandover.com • (ft Town Clerk Time Stomp R 1V 1) 0 0- C% H 3: 24 cm—. 2006 DSL 22 P -.Argo Ac 4 J N 0 R h ZONING BOARD OF APPEALS MASS'ACHU"..'- Community Development Division 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 budding permit as the applicant must abide by all applicable local,state,and federal budding codes and regulations,prior to the issuance of a budding permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Varia=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 winch the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing Town of North Andover Board of Appeals, .A Ellen P.McIntyre,Chairman Decision 2006-030 Corrected M34P17A. Pap 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com oRr W(ferofime Stamp o* tieo 6''.�, T. r is ` t 2 2006 DEC 22 Pit 3. 24 b �'9,tsgCS 4L+i\ itE�i�e s x3 ASSACHU ii-r j ZONING BOARD OF APPEALS Community Development Division Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Property at: 1600 Osgood Street,Lot A Corrected Coov NAME: 1600 Osgood Street LLC,clo Ozzy HEARING(S): September 12&October Properties,Inc.,3 Dundee Park, 10,2006,l ember 1Z 2 Andover,MA 01810 ADDRESS: 1600 Osgood Street,Lot A PETITION: 2006-030. North Andover,MA 01845 TYPING DATE: October 12,2006 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,October 10,2006 at 7:30 PM upon the application of 1600 Osgood Street LLC,clo Ozzy Properties,Inc.,3 Dundee Park,Andover,MA 01810 for premises at: 1600 Osgood Street(Map 34,Paroel 17,Lot A),North Andover requesting a dimensional Variance for relief from the requirements of Section 6,Paragraph 6.6 of the Zoning Bylaw in order to install a ground sign which would be greater than 100 square feet of sign area. Said premise affected is property with frontage on the West side of Osgood Street within the I-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Thbune,a newspaper of general circulation in the Town of North Andover,on August 21&August 28,2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III, Richard M.Vaillancourt,and Daniel S.Braese. The following non-voting members were present: Richard J. Byers and Thomas D.Ippolito. Upon a motion by Joseph D.LaGrasse,supplemented by Albert P.Manzi,and 2d by Richard M. Vaillancourt,the Board voted to GRANT a dimensional Variance from Section 6,Paragraph 6.6.G.3 of the Zoning Bylaw for relief of 20 sq.ft.in order to install the 120 sq.ft Osgood Landing North Entrance ground sign per: Site: 1600 Osgood Street 04ap 34,Parcel 17,Lot A),North Andover,MA 10845 Site Plan Title: Sign Plan,Assessor's Map 34—Lot 17, 1600 Osgood Street,North Andover, Massachusetts,prepared for 1600 Osgood Street LLC, 1600 Osgood Street, North Andover,Massachusetts Date(&Revised Dates): September 11,2006,signed 9/12106 Registered Professional Christopher Francher,P.L.S.#36116,MHF Design Consultants,Inc., 103 Land Suav or: Stiles Road,Suite One,Salem,New flampshire 03079 Sheet/Drawing: 1 of 1,Project No.206606 Sign Plan Title: Osgood Landing,North Andover,MA,Ozzy Properties,Inc.,3 Dundee Park,Andover,MA 01810,Si 2:Main Entrance Monuments FTF/Blackstone,One Gratton Common,Suite L2,Grafton,MA 01519 Date: 08-04-06 Sheet/Drawing: I of 1,Dw No. S-2A orth Entrance Page 1 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com pORTH Town Clerk Time Stomp OfIV ED 4 4 .»i CE i..+ A o'► 2905 DEC 22 PH 3: 24 wno �ssact+us�� I Ufir j,{ U ZONING BOARD OF APPEALS � ' { `` �'i Community Development Division With the following conditions: 1. All signs shaft be externally Ulluminated. 2. The applicant shalt remove the ground sign#11(filack n_al billboard do to the left al entrance 1's rswd shack 11 as stated in the John Snu*k a-nail of October 27,2M6. The applicant shalt remove the#9 fence banners as listed in the John Smolak e-mail of September 25,2006 and the Huntress Associates Osgood Landing Signage Master Plan,1600 Osgood Street LLC PowerPoint pamphlet ilhMrating the above within six(6)mouths after the issuance of Variance 2006-030. 3. ThewP&yyt dWj rel_49e #1D E SD eel om the front lot line as listed in the John Smola*a-nail of October 27.20K Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,Hl,Richard M.Vaillaucourt,and Daniel S.Braese. l4ofing in favor o fthe correction• Ellen P AkAgj re Joseph D LaGrasse,Albert P. Manzi,X,Richard M. V'aillancourt,and&niel S Braese, The Board finds that owing to circumstances relating to the shape and topography of Map 34,Parcel 17A especially affect this land and its structures but does not generally affect the 1-2 zoning district in which it is located,a literal enforcement of the provisions of Paragraph 6.6.G.3 would involve substantial hardship, financial or otherwise,to 1600 Osgood Street LLC and its tenants. The Board finds that one abutter spoke in favor of the petitions at the September IP meeting and wrote a letter of support on September 13,2006. The Board finds that there was no written or spoken opposition. The Board finds that the 1,583.47'frontage along State Route 125,the 37.042 acreage of Osgood Landing,Map 34 Parcel 17A,the proposed multiple tenants and uses at Osgood Landing,and the nem for quick entrance choices by Emergency Personnel and visitors are the specific conditions that satisfy the provisions of Section 10,Paragraph 10.4 of the Toning Bylaw. The Board finds that the removal of the#9 72 sq.ft.and 15 sq ft.fence banners,the#11 Iemnty black metal frame billboard 169 M. tl I exisfingground sign and the relocation of the#10 existing ground sign L,E! oyee Ayla gl per the above September 25 and October 27 e-mails and PowerPoint Signage Master Plan satisfy the provisions of Section 6.6.G.3 of the Zoning Bylaw and that desirable relief may be granted for the North Entrance and its tenants'ground sign of 120 sq.&without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 fox 978.688.9542 Web www.townofnorthandover.com a + NORT11 Town Clerk Time Stamp Of<YLao assq~O g N ' C Q~ " 2005 DEC 22 P • 24 goRAToo A s It P�,�'�y S SE TntWO ( 6 I3 ZONING BOARD OF APPEALS C t y'i� iga# .,` � Community Development Division MASSA+wrHUS 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 neve hearing. Town of North Andover Board of Appeals, W. V, M U ," -11 Ellen P.McIntyre,Chairman Decision 2006-030 Co_Me-cted Com. M34P17A. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com i NORT A a MASSACHUSET a ::ate TOWN OF NORTH ANDOVER „ro MANCE T Iilr4.. ZONING BOARD OF APPEALS NAME: 1E00 Osgood Street LLC 2006 AUG 10 E � = F ADDRESS OF APPEAL: 1600 Osgood Street ( J ,_., p Lot A Town Clerk Time Stam r„ 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 QQJ 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 I time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an apelication 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 cert of the Party in Interest fee. supersede them. The petitioner will complete items STEP T• DELIVERY OF LEGAL NOTICE TO that are underlined NEINSPAPER 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 notice 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. f j STEP 3: PLAN PREPARATION: 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 compfie the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10• RECORDING THE DECISION AND PLANS. Y STFP 5• SUBMIT APPUCATION: 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, 381 Office to be certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete the Ind date of filing. The original will be left at the Town Certification of Recording form and forward it to the {clerk's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building l he Zoning Board of Appeals secretary. Department. .:<.<........«.............:...... ..,.......... ...,.,......,.....................<,.,......<. —.............,........... ..........,......... ......... N APORTANT PHONE NUMBERS: 1`8-6,18-9533 Office of Community Dev. &:services North Andover Town Hall € '1600 Osgood Street, 120 Main Street North Andover, IAA 01845 978-688-9501 Town Clerk's Office Q,ix for Community Development offices 978-68&9566 ,assessor's Office 4-”, 31jilding Department [< °178�`Stt, t 1 Toning Board of Appeals Office PAGE °! of.4 r � Ca �XL i i PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN E Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: 1600 Osgood Street LLC -- c/o Ozzy Properties, Inc. , 3 Dundee Park, Andover. MA 01870 Tel. ( 978) 475-4569 *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: 1600 Osgood Street LLC c/o Ozzy Properties, Inc. , 3 Dundee Park, Andover , MA 01810 Tel. (978) 475-4569 Years Owned Land: 3 3. Location of Property: a. Street: 1600 Osgood Street Clot A- Zoning District: 1-2 b. Assessors: Map number: 34 Lot Number: 17 c. Registry of Deeds: Book Number: 8 213 Page Number: 272 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 6. 6 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Petitioner is requestingy rinnro to Kermit ground cign to include in excess of 100 square feet of sign area. The above description shall be used for the purpose of the legal notice and decision. A more 0tailed 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 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 **N/A -- Sign Variance Only . A. % 8. % ** Lot area includes 37 . 042 acres. - P NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 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 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 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** *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.fee Building" of Units*'" *Reference Uses from the Zoning Bylaw&Table 1, x **State number of units in building(s). E 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 the Zoning Board of this application as incomplete. Q2ELoocd Street , LLC Signature: Type above name(s) he Ellen Keller , duly authorized PAG E 4 OF 4 VARIANCE 3. WRITTEN DOCUMENTATION x`10. B. "Plan .3pec.fications: ;application for a Variance must be supported by a 1) Size of plan: Ten(10 ) paper copies of a plan not legibly-written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"-40' detail all facts relied upon. When requesting a Variance !n One(1) Mylar, with one block for Registry Use from the requirements of MGLA ch. 40A,Sec. 10.4 and Only, and one block for five (5) ZBA signatures&date. the North Andover Zoning By-laws, all dimensional IIn Plan shall be prepared, stamped and certified by requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please :3upported. All points,A-F,are required to be note that plans bya Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or "10 C. Required Features On Plan: structure. 0 Site Orientation shall include: B. The circumstances relating to soil 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 Iq 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 relief 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. shalt require only the plan information as indicated with j an.asterisk('). 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 describedP Ian. Plans '11. APPLICATION FILING FEES must be submitted with thisapplication to the Town 11.A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: Town of North Andover- prior to the public hearing before the Zoning Board of 4022-1760-4841"for the cost of first Gass, certified, appeals. return receipt($4.64 as of January 2006)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 39¢)x the#of parties of interest on the j proposed change in use. •abutter's list for the decision mailing. 10. A. Major Projects 11.9. Mailing labels:Applicant shall provide four(4) Major projects are those, which involve one of the .;ets of mailing labels no larrger than 1".(2-5i8"(3 copies folloWng whether existing or proposed: `or the Legal, •and one copy for the Decision mailing). 1)five (5) or more parking spaces, r[)Three (3) or more dwelling units, 11. C. '3ee 2005 Revised F1,1e :3chedule. 11)2,C00 square feet of building area. is A Variance 'Once granted by the ZBA will 1:3pse in jor s�rojects;aha{{ r3quire, p.hat in addition to -.he .{031 sone) ;rear if not axar�cised and a naw �edtion �'u.,3t ?C rLatures, that the plans show detailed 4.rtilitins, .mils, �e submitted. 4 ;std t.pcgraphic information, TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICANT/OWNER: 1600 OSGOOD STREET,LLC PROPERTY: 1600 OSGOOD STREET (ASSESSORS MAP 34, LOT 17—Lot A) MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE I. INTRODUCTION The Petitioner,1600 Osgood Street,LLC,is requesting a dimensional variance to allow for the construction of a ground sign for a lot known as Lot A on the campus known as Osgood Landing,and formerly known as the Lucent Facility. Specifically,the Petitioner is seeking relief from Section 6.6 of the Zoning Bylaw of the Town of North Andover,as amended (the"Zoning Bylaw") to permit one (1) ground sign to have in excess of the allowed square footage of sign area. II. BACKGROUND 1600 Osgood Street,LLC(the"Petitioner" or"1600 Osgood") is the owner of parcel of land,consisting of approximately 37 acres in size and known as Lot A,which is located on the west side of Osgood Street(Route 125) (the"Property"). Lot A was created by virtue of an endorsement of a plan entitled"Plan of Land,Assessors Map 34,Lot 17,1600 Osgood Street, North Andover,Massachusetts," dated May 5,2006,prepared for 1600 Osgood Street,LLC by MHF Design Consultants,Inc.,and was recorded in the Essex North Registry of Deeds on May 30,2006 as Plan No.15396 (the"ANR Plan'). The ANR Plan is attached as Exhibit C. A portion of the Property is shown on a plan entitled"Preliminary Signage Master Plan,dated July 28,2006 (Rev.August 8,2006),prepared by Huntress Associates,Inc. (the"Sign Master Plan"). The Property is designated on,and constitutes a portion of land shown on,the Town of North Andover Assessors Maps as Map 34,Lot 17. 1600 Osgood acquired the Property in 2003, as evidenced by a Deed,dated August 21,2003,and recorded with the Essex North Registry of Deeds at Book 8213,Page 272. A copy of the Deed is attached as Exhibit A. The Property is located in the Industrial 2("I-2")Zoning District where certain signs are permitted under the Zoning Bylaws. Consistent with the needs of a modern mixed use campus, there is a recognized need to implement a system for signs on the Property. And as part of its efforts to transform and redevelop the Property from its historic use as a single user manufacturing facility to a mixed use campus consisting of multiple users of office,recreational, manufacturing and warehouse space,it has become evident that there is a need to provide a clear and consistent master plan for signs on the Property. In an effort to fill this need from both a safety and economic development standpoint, the Petitioner intends to implement the first phase of its sign master plan with the installation of a ground sign as more specifically described below. Accordingly, the Petitioner desires to construct a single ground sign on the Property in the area along Osgood Street known as the North Entrance and shown on the Sign Master Plan as"Sign 2.2." A copy of the Sign Master Plan is attached as Exhibit B. Specifically,the ground sign Petitioner seeks to install on the Property is known as the "North Entrance Sign" (the"North Entrance Sign")in the location shown on the Sign Master Plan as "Sign 2.2" which is located at the northernmost intersection on the Property. The North Entrance Sign is shown on a plan entitled"Sign Type 2:Main Entrance Monuments (Dwg. No. S-2A);' dated August 4,2006,prepared by FTF/Blackstone (the"North Entrance Sign"),and a copy of the North Entrance Sign is attached as Exhibit D. Based upon the Building Commissioner's denial letter,dated August 8,2006 (the "Denial Letter"),a variance is required pursuant to Section 6.6 of the Zoning Bylaw. A copy of the Building Commissioner's denial letter is attached as Exhibit E. III. DISCUSSION As noted above,the Petitioner is requesting relief in the form of a zoning dimensional variance to allow the North Entrance Sign to have 120 s.f.in sign area where 100 s.f.is permitted. Specifically,Section 6.6.G.3 of the Zoning Bylaws includes specific sign requirements for signs located within Industrial Districts. Accordingly,Section 6.6.G.3 of the Zoning Bylaws permits: One (1) ground sign, ...,each sign is limited to an area of one hundred (100)square feet. Such sign shall not be located closer than forty (40) feet to any property line or twenty (20)feet above ground level. Accordingly,a variance is required for the North Entrance Sign to allow for a total sign area of one-hundred twenty (120) square feet where one-hundred(100) square feet is permitted.' IV. BASIS FOR VARIANCE The Petitioner's proposed variance meets all of the conditions for granting of a variance as follows: 1. There are circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in which the property is located.In particular,the following property conditions are noted: 1 We note that the North Entrance Sign meets the other dimensional criteria outlined under Section 6.6.G.3 in that the sign is not located closer than forty(40)feet to any property line and the sign is less than twenty(20)feet above ground level What is primarily driving the need for the variance relief is the uniqueness of the Property's size in that without the requested signage,it would be very difficult for prospective tenants and their customers to both identify the Property and the location of specific tenant space. If the Petitioner were to rely solely on wall signs for tenant identification on the main building,not only would constraints on the total square footage of wall signs effectively limit the number of tenants which could have signs,but also, tenants and their customers may not be able to see those signs from Route 125. 2. As a result of the circumstances described above which affect the Property but do not affect the zoning district in general,a literal enforcement of the dimensional requirements for the Industrial-2 Zoning District of the Zoning Bylaw will involve substantial hardship,financial or otherwise,to the Petitioner. The significant parcel size,coupled with the minimal number and size of permitted signs,will result in a significant financial hardship to the Petitioner. For instance,the inability to install adequate tenant and other Property signage would effectively reduce if not eliminate opportunities for the Petitioner to lease space. In fact,given the substantial amount of vacant office,industrial and warehouse space in the Merrimack Valley Region,a tenant which needs to have signage would be inclined to lease space on other parcels where signs are much more readily available and visible,with the result that the lack of signage would put the Petitioner at a significant competitive disadvantage with other property owners. Moreover,the inability to install adequate and visible signage presents a public safety hazard if inadequate signage results in the inability of emergency response vehicles to timely respond to emergencies. 3. The relief sought will be desirable and without substantial detriment to the public good without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. As noted above,the installation of the proposed North Entrance Sign is necessary from both a safety and economic development standpoint. From an economic standpoint,the installation of the requested signage is necessary for modern office and industrial park campuses such as Osgood Landing to attract and maintain multiple tenants for the Property. Moreover,from a safety perspective,the requested sign will in fact improve public safety by providing fire,police and other emergency personnel with a sign which will quickly direct personnel to the correct Property entrance in the event of an emergency at the Property. Lastly,allowing the installation of the proposed North Entrance Sign will not derogate from the intent or purpose of the Bylaw because the sign will enhance the attractiveness of the area,and in turn,the redevelopment potential for the Property and surrounding area. I Accordingly,for the reasons stated above,and others that will be presented at the hearing,the Petitioner respectfully requests the Zoning Board of Appeals to grant the requested variance, and to allow the proposed installation of the sign noted above on the Property. Respectfully submitted, 1600 Osgood Street,LLC is attorney, T.Smolak,Esq. SMOLAK&VAUGHAN LLP 820 Turnpike Street,Suite 203 North Andover,Massachusetts 01845 Tel. (978)327-5217 4:its o.�t ta rk A04 OUIEDOW BK 8213 PG 272 LUCENT TECHNOLOGIES INC.,formerly laiown as N&MPG Inc.,a catporation duly established under the taws of Delaware,of Murray Mill,Now Jersey{"t�, for and in consideration of'I l*been Miliian Eight Hundred Sixty Five Thousand One Hundred Sixty Eight and No/100 Dollars(513,865,168.00)and other good and valuable ccation,the receipt and sufficiency whereof are hereby admowledged,haft grants,with QUITCLAIM COVENANTS,to 16M Ogpod Strad LLC,a Massachusetts limited liability copy("Gran "� having its usual place of business clo Ozzy ptopet es,Inc.at 3 Dundee Parley Andover,Massachusdts 01810 the land and tle improvements bum located in North Andover,Massachusetts,commonly known as 1600 Osgood Street,agate pffbeularly described on Schedule A a#wlwd hereby and made a part hereof (the"Property"). cA r�1 The within conveyance is not a transfer of all or substantially all of ft assets of the Grantor located inae � Commonwealth of Massacltusctts. x� M Subject to and with tate benefit of ease,talrnngs,n*ic6m and apmmts of record,to the exon w now in force and applicable. F, D [sigma ure on following> l `4m 4 � r*1 � cn C* U06 ua Ww = N L.0 ( cm CD ca v DEM NE,M LLiJMET&BRANCH PROFESSIONAL ASSOCIATION �$ 300 gRCKSTow SQUARE POST OFFICE box� AN00VEJt, MASBACHUBETCS 01610 BK 8213 PSG 273 In Whnm W NV4 ft said Q WW has cnwd tl m Pnwmb w be sated,acknowledged aad delivered in its name and behatfby Vanua SaWim%its Real Estaba vice Presi&nt,hereto duly authorized,this .81 day of August,2003. LUCENT TECHNOLOGIES INC. By: +as,: Nme: -VA0420, Title: STATE OF NEW JERSEY ) )ss. COUNTY OF Then Personally appeared flus above named Vmm Scagiione,Rent Estde Vice PmWe&of Lucent Technologies Inc.,a Detawwo ompmvdM and acknmk dgod,f e fareping in0umeet to be his/her free act and doed as Rent Eshk Vice hoWesu,and the fi+ee act and deed of said oorporation before me this day of August,2003. Notary Publio [Affix Notary Seal] My coemnWon era*w. BK 8213 PG 274 SCHEDULE A Those two(2)certain tracts Or pa cels of lead situate is the ComMotrweatth of ht+iaassaelni of Essex and �Y Town of North Andover and located on tlne weste�y side of Osgood Stre�d-being more Particularly bounded and described as follows: Parcel One Lots A,B,C,D.E,P,Id,K,N,P,V.X and Y shown on a plan entitled"Plan of Land in 1953 Lxhwtr al District,North Andover,Mass.,Cosnpilexl.from Existing Plans,Deeds&Records for Western Electric Co.,Inc.,Owner,"dated June 1953 by Ralph B.Brasseur,C.E.ramrded with the Essex North District Registry of Deeds as Plan No.2740. Mpg and Wernding to Ivey the pnmusea conveyed to Grantor by Deed of AT&T Corp.dated January 31, 1996 and recorded in said Refry ofDeeds at Book 4452,Page 178. Parcel Two A certain tract or pttt d of land striate in the Co wealth of Massacla ,County of Essex and Town of North Andover ad located on the westerly side of Osgood Street being more particularly bounded and described as follows: Begii g at a stone monumut an the westerly line of Osgood Stred said stone monurnat marks the soutioast comer of land now or kraerly of western Electric Co.and the not%aw oarner of the herein described penal;theme ruing S 146 36'44"W 384.18 feet by said westerly fine of Osgood Street as laid out by the C.omum ealth ofMu achrusetts,1961 Alteration,to a stone monument;thence tinning and r ming mutltnrly,still by said westerly line of Osgood St vd and by a curve of 800.04 feet radius 72.89 feet to a stone mommxnt MKIdAg the most northeasterly end of the may,line of Holt Road as lad out by the Bum County Comnamoom in 1960;theaoe turning and mmnmg southerly and westerly by said northerly line of Holt Road and by a curve of 15 feet radius 21.54 feet to a stone m0nument;the m tuning and running N 84'44'20"W 256A2 feet to a stone momamnent;S 86°07'5V W 200.05 feet to a stone mom S 85°13'Mr W 314.80 feet to a stance monument;S 846 50'0"W 211.60 feet to a atm moi;S 750 50'50"W 95.21 feet to a stone tet;S 73°37'30"W 24894 feet to a storm monument and laud now or formally of D&Q Real Estate Trust;tate last six courses being all by said nardorly lute of Holt Road;thane turning and rnmmig N 04"13'50"W 378.55 feet by said land of D&G Reed Estate Thorel to a stone monument at land now or fomaerly of Western Electric Co.;thence turning and rwming N 810 57'20"E 1482 fed by said land of Western Eketric Co. to a stone monument in the westerly+line of Osgood Stred and point of begWnmg Subject to a Taking by the Essex Courcy Cao saionntrs for the relocation of Holt Road dated March 17,1964 and recorded in sad Registry of Leda at Book 1005,Page 320,and as shown on Plan No.4%1. Meaning and intending to convey the promisees conveyed to Graom by.Deed of AT&T Corp.dated and recorded in said Registry of Dee& 1247831.3 EXHIBIT B SIGN MASTER PLAN \ Huntress Associates,Inc Landscape_ ArcrchiteMure&Land Planning 17 Tewksbury Street \ Andover,Massachusetts 01810 \ 978 470 8882 FAX 978 470 8890 FOR REGISTRY USE THIS IS TO CERTIFY THAT TWENTY (20) DAYS HAVE ELAPSED FROM DATE OF DECISION FILED WITHOUT FILING OF AN APPEAL. D DATE 1 \ O TOWN CLERK APPROVED BY THE TOWN OF /--� NORTH ANDOVER ZONING BOARD DATE 1 FILED HEARING OSGOOD LANDING Q 1600 Osgood Street �� North Amlover,Massachusetts - � Drawing TIEIe: Preliminary 6I6N 6.I Campus Signage a 516N 3.I Master Pian -SP Ell BUILDING SETBACK {y 6N 1.2 - - - 401916NA6EPETBACK U � � FI 1 'I I I 1, ,�" `' ,.�---` � �„�•...-.�- Revlslon Date 1 REVISED SETBACKS FOR S161,15 8.9.06 r-100'BUILDING SETBACK -/-'' 516N 2.1 I -�""����-- ,i' NOS — 40'SIGNAGE SETBACK b'NN. �' NOTE.ALL 516N5 MEET OR EXCEED THE 4O'FRONT YARD SETBACK FROM PROPERTY LINE5, Scats: "�GG Drawing No. A5 REQUIRED OT SECTION 6.6 PARA 6(3)OF THE NORTH ANDOVER ZONING BYLAW. DAt®: r %t Drawn: of Checked: -- �. t. 531 r. ABUTTERS ACROSS OSCDOO STREET _ FCR- fllTf 1 f fMT i J.`f:t E. 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IAINWSTPoAI 2 ala�7: — �.+- G+ta1::e=3-- ��Sasr1•tat!}aa s)-• ,�r°'n� j \ !y° v INDUSTRIAL !rIMDUSTRIAL S UMaiOx':N'�\ sY DIE USE atxc u.'s ROUTS ,I \ 1 FOR REGISTRY OSGOOD STREET ( f� „ 'bra_ \ ♦.� + � NA,vr>»s lbrn3'as• fP.rA13[-ur,xwAE wm»Rw,T OF Nut+; , '\ ti••�n �. � . r....,r� PLAN OF LAND N+�,500.c0' RT+YTNYOe IIFBK ^SBd id' M26.06.25. • / ♦ $ \ F_COC Nvrtia Of.pN.upyr.9E R+1 T32.Oc'-� ` E,}S♦ 'T n • at ASS}.•SSOf1.5 MAP 1t-LDT 17 efdAt6 t-30'35' \•• ♦ �•. 1 { Z1C ,G ,900 DSCOOO�IKEf �� \,,,_ u�o7v.�t, stiA:N cc ns -'7� m -;wlt+of war fiNE\ w �Oo-'b'�'¢ �- „r_/' } `_� •\s'`. \ •.- 1600 OSLO D9TRET. LLC NIPD 14.uaggn,^MTSenS Lf7 ,.r- LEGNND cRAPxtc SCALE 2, ORD. v-'2?�IJJ '•- ti, .nuA+�•Ei¢np { { P:,>0.00 \s°v xaN .a•f�nTnm `-•-� O:�NYedd t�..�. d BtUIOn..a !DOO e5Y C RD£er itc - - N pn Con m f </H a'kY hrMrQ.Y r<s.rrC t•l�.a' DOA'MD PaRr Sfrl�—4 tfAiYl6- .tVOON3R 1ASSACNL'SSTl3 Or®,0 Y'.. x0. -W1n 20rM kPr9 PROS ESQ JW 1D66f 1 UI 1 EXHIBIT D NORTH ENTRANCE SIGN SIGN AREA CALCULATION: HEADER CABINET= 10'-0"(W)X 4'-0"(H) 40.00 SQ FT TENANT CABINET= 10'-0"(W)X 8'-0"(H)=80.00 SQ FT 40.00+80.00= 120.00 SQ FT TOTAL v i stom fabricated heavy gauge aluminum cap at top, painted Non-illuminated double face cabinets silver metallic with heavy gauge aluminum faces& o extruded aluminum"H"dividers lue rectangle:2%"deep OSG • ' heavy gauge aluminum creverse channel pan, in corners welded& round v 5 9 smooth,stud mounted to sign face background; ORTH ENTRANCE "OSGOOD LANDING" "NORTH ENTRANCE" N 1"deep fabricated stainless letters painted white&black as shown and stud mounted TENANT j to background abinet&faces as above; TEN ANT all tenant text white vinyl thru-out(final names& ' graphics TBD);faces painted PMS IOC Warm Gray To 1 OD OLUMNTREATMENT., Structural steel sign posts concealed in fabricated heavy gauge TENANT TENANT aluminum column covers painted silver metallic, with decorative raised collars&appliques 1 o 21-411 y t � i SIGN 2.2 e^- ELEVATION &PLAN 1 3/8"=1'-0" SIGN TYPE 2: MAIN ENTRANCE MONUMENTS 1) Two(2)signs required: 1 each at North and South main entrances to campus(total 2 signs). Information and retail tenant names vary at each entrance. 2) Sign cabinet specifications: SignComp extruded aluminum components#hru-out. #2005 Wide Body frame with horizontal#2045 swing hinge 21/4"Retainer top&bottom and#2075 vertical 21/4"Dual Frame Cover at left &right sides. Individual sign faces separated by#2138 horizontal 2"Divider Bars. 3) All painted surfaces to be finished with Matthews Acrylic Polyurethane;all final colors to be determined. 4) All sign components and attachments thru-out to be non-staining and non-corrosive; all fasteners to be stainless steel. 5) Signs to be externally illuminated by ground-mounted lighting fixtures. Project Osgood Landing Date 08-04-06 North Andover, MA Scale Noted shop drawings,design&illustration Ozzy Properties, Inc. File OLS2A.DES for the architectural sign trade Developer 3 Dundee Park•Andover,MA 01810 (p)978-475-4569• (f)978-475-4638 Revisions By Date Sheet 1 of 1 Sign e 2: Main This drawingisgiveninconfidence and may not beused Drawn FTF One Grafton Common,Suite L2 G,nfton,MA 0 15 19 g Type ordisseminaled in an way without prior written Consent Dwg Description yy No. S-2A t&f 508-839-4459•drawthesign(,ilFTFblackstone.com Entranee.Monuments from this Company.All common law and COpyfkJhf laws are hereby specifically reserved. Pfof.# 50.9-211 EXHIBIT E BUILDING INSPECTOR'S DENIAL I� `5ug 08 06 01 : 56P NORTH ANDOVER 9786889542 P, 1 r Zoning Bylaw Review Form .�ZOO; Town Of North Andover "z Building g Department 16DO Osgood Street, Building 20,Suite 2-32 North Andover,NIA.01845 Phone 978-688-9545 Fax 978-688-g542 Street: 1600 us ood Ma Lot: 34117&34/ANR Parcel A licant: OU Pro dirties Inc. Re uest: ground Si ns Date: 8-8-06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: (tern Notes A Lot Area em Notes F Frontage 1 Lot area)nsufficier t 1 Frontage Insufficient 2 Lot Area ireexistin X 2 Frontage Com hes 3 Lot Area Complies 3 Preexist' frontage 4 Insufficient Information 4 Insufficient Information 8 use 5 No access over Frontage 1 NtoweNot Aild U Contiguous Building Area 2 Not Alltswed 1 Insufficient Area 3 Use Preexistin 2 Com 'ies 4 S clef Permit Required 3 Preexistin CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comp X 1 _Height t Exceeds Maximum 2 Front InSL icient 2 Complies 3 Left Side Insufficient 3 PreexistingHei ht 4 Ri ht Side Insufficient 4 insufficient Information 5 Rear inscient l Building Coverage 6 Preexistin setbacks 1 Coverage exceeds maximum 7 Insufficient information 2 Covera a Com cies p Watershed 3 Coverage Preexisting 1 Not in Wa:ersned X 4 Insufficient Information 2 in Watershed d Sign 3 Lot prior to 10!24194 1 Sign not alkrwed X 4 Zone#o be Determined S' Complies 5 Insufficient information 34,nsufficient information E Historic District K Parking --------------- 1 In District review required 1 More Parkin Required 2 Not in district X 2 Parkin Corn Pvs 3 Insufficient Information Remed for the above is checked below. iters N Special Permits Planning Board sterna Variance Site Pian Review Special Permit Setback Variance Access other!than Fron e S pial Permit Parkin Variance Frons a Exce tion Lot 5 Special Permit Lot Area Variance Common Dnvewa SaedaI Permit He ht Variance Congregate Housing Spedai Permit X Variance for Sign Continuing Care Retirement Special Permit Special Permits Zonin Board Inds scent Elded Housi S ial Permit Special Permit Non-Conformin Use ZBA La a Estate Condo S dal Ferrel :::;::11 11, Removal ectal Permit ZBA Planned Deve ment DDstrict S al Permit eclat Permit Use not Listed but Similar Planned Res dentia) tial Permit ai Penni!for St n R•6 Dens! S Dat Permit per Watershed S eciai Permit SUDDI Additional Information The above review and attached explanation of such is based or the pians and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shad such verbal explanations by the aaptkanl serve to provide detlrrlt ve answers to the above reasons for DENIAL Any InaGwracies,misleading information.or other subsequent changes to the information submitted by the applicant shall be grounds for:his review to be voided at the discretion of the Budding Department.The attached document tited'P an Review Ka shaft be attached hereto and incarporated herein by me`arence.The building department wit retain all plans aid dorxrmentak_ for the abavd.tle.Yam must file aAew txrdcing period apFli®tion fon orm and begin the permitting proms. I Bwldtng Gepartment tDfficmal Signature ' Application Received 2 pa ati Denied Denial Sent: If Faxed Phone NumberfDate AUG-09-2006 02:25PM From: 9786889542 ID: Pa9e:001 R=94 *qug 08 06 01 : 56P NORTH ANDOVER 9786889542 P. 2 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: Ravie r ;.Reasons,.for Denial.&Bylaw Reference Forth trtem 13 Refierence 3/1 A Variance from Section 6.6.G.3 (One(I)ground sign,containing the name or other identification of the use on the property,for each street on which the property fronts,each sign is Limited to an area of one hundred(100)square feet.Such sign shall not be located closer than forty(30)feet to any property line or twenty(20)feet above ground level.of the Zoning Bylaw is requited for a second ground sign on Map 34117 and which is greater than 100 square feet for the South entrance sign 2.1. A Variance from Section 6.6.G.3 (One(1)ground sign,containing the name or other identification of the use on the property,for each street on which the property fronts,each sign is limited to an area ofonehundred(100)square feet.Such sign sliall not be located closer than forty(40)feet to any property line or twenty(20)feet above ground levet.of the Zoning Byiaw is requited for a ground sign that is greater than 100 square feet for the North entrance sign 2.2 on Map 34 Parcel A- Referred To: Fire I Health - PD—ICZon' Board Conservation artmen,of Public Works Planni Fistorical Commission Other BUILDING DEPT Zoning$ytawDoenia12000 AUG-08-2006 02:26PM From: 9786889542 ID: Pase:002 R=94% Abutter to Abutter( ) Building rept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listina REQUIREMENT. MGt.40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town.' Subiect Property. MAP PARCEL Name Address 34 17&15 1600 Osgood Street LLC 2 Dundee Park, Andover MA 01810 Abutters Properties Map Parcel Name Address 34 2&1 Tyler Monroe 100 Foster Street,North Andover,MA 01845 34 3 CWA Local 1365 Realty Trust 1627 Osgood Street,North Andover,MA 01845 34 4 S P E C Realty Trust 35 Webster Street#320 East Boston,MA 02128 34 28 Hang'n Tree Realty Trust 1615 Osgood Street,North Andover,MA 01845 34 44 Mason-Dixon Realty Trust 160 Common Street,Lawrence,MA 018425 34 41 &42 Mirovave Engineering Corp. 1551 Osgood Street,North Andover,MA 01845 34 18&21 Commonwealth of Massachusetts 100 Cambridge Street,Boston,MA 02202 34 50 Alabacado Limited 45 Beechwood Drive,North Andover,MA 01845 34 7 1503 Osgood Street,LLC 1503 Osgood Street,North Andover,MA 01845 34 16 Merrimack Valley Fredral Credit Union 1600 Osgood Street,North Andover,MA 01845 34 9&25 Kristen&Lindsay Realty LLC 770 Boxford Street,North Andover,MA 01845 34 10 George R.Barker,Jr. 1267 Osgood Street,North Andover,MA 01845 34 20 Techincal Training Foundation Trust 1551 Osgood Street,North Andover,MA 01845 34 26 Lawrence City Airport Commission. 492 Sutton Street,North Andover,MA 01845 34 23 Holt Road Excacators,Inc 120 Holt Road,North Andover,MA 01845 78 2 North Andover 2004 LLC 86 Maple Avenue,Morristown,NJ 07960 61 11 J.Tropeano,Inc. 1780 Osgood Street,North Andover,MA 01845 61 39 The Alabacado 1755 Limited Partnership 45 Beechwood Drive,North Andover,MA 01845 61 18 New England Tel&Tel Co P.O Box 152206,Irving TX,75015-2206 61 8&17 Roy Mc Kinney P.O Box 8373,Ward Hill,MA 01835 61 66 Stor-U-Self of Andover Limited 55 Cambridge Street,Burlington,MA 01803 61 14 Boston&Maine Railroad Iron Horse ParkHigh Street,North Billerica,MA 01862 61 16 G M Z Realty Trust 1679 Osgood Street,North Andover,MA 01845 61 21 Enos Doucette 1345 Boston Road,Haverhill,MA 01830 This certifies that the names appearing on the records of the Assessors Office as of '- Certified by: Date VARIANCE 3. WRITTEN DOCUMI ENTA,rm "A 0. U. Tlan AVectfications: %pplication for a Varance n►A be supported by a 1) Size of plan: Ten (10 ) raper copies cf a plan riot `egibly written or typed memorandum setting forth in to exceed 11'x17', preferred scale of 1'-40' detail all facts relied upon. When requesting .3 Variance In One(1) Mylar, ,Kith one block for Registry Use from the requirements of MGLA ch. 40A, Sec. 10.4 and Only, and one block for five (5) ZBA signatures&date. rhe North Andover Zoning By-laws, all dimensional III) Plan shall he prepared, stamped :and certified by inquirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please supported. All points,A-F,are required to be riotethat pians bya Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may berequired for Major Projects. A. The particular use proposed for the land or *?0 C. *Required Features On Plan: structure. n Site Orientation shall include: B. The circumstances relating to soil conditions, shape 1. north point or topography of such 'and or structures especially 2. zoning district (s) affecting the property for which the Variance is 3. names of streets sought which Bio 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 �Nithin 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 M Legend&Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines&outlined in red 0. Facts relied upon to support a finding that relief 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. [`James: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("). In some cases further information may '10. PLAN OF LAND be required. Zach application to the Zoning Hoard of Appeals shall ae accompanied by the following described plan. Plans 'I1. APPLICATION FILING FEES must be submitted with this application to the Town 11.A. .Notification fees: Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: 'Town of North Andover- ;,;iior to the public nearing before the Zoning Board of :.X)22-17604841"for the cast of first class, certified, appeals. return receipt($4.64 as of January 2006)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set sof building elevation plans by a Registered abutter's list for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class postage:stamps H°solves new a onstructicndconversion/:and/ora ,currently?9¢)x the#of parties of iriterest on the ;�ropvsed charage in use. abutter's list for"he decision,mailing. '0. .a. i�1,:a jor ram jects 111.8. Mailing i abels:Applicant;;hall provide Four(:f) is r r-;edits areirh invalve nR of the As of rr!ailirg':.bels -Io S�argerthan 1";r2- 8" +3 copses ark p(4" !i??tt 6�r 1,cse: � rr cr used: -.'r the L,?gal, 3rd.1,pe cc oy for 4Pe Cecis,cn rt?3lI►►?!a). `� .. e �, fay �� rlark�,rc/ •apaces. - f) Cbo et 1) !,-ieTrg units d�. �:. @e��r `•3 � ?`spit:'.c.'� ;�' �C ��►_'�r3. > A ,.arianr.e,,)ri:e Dar ed ay U°','ll 'ecce in ., i .,» �•,' p --A ='1 •.'.`�� it6C3sa ' ',�r 'I ;"re)year if �:fit ?..?r".?���� �)rd i -'Iaw v;vitioio ;mlx:�t )e ubrrn►+.ted. TOWN OF NORTH ANDOVER T AWKWF ' ZONING BOARD OF APPEALS M6 AUG 10 FM 1: 19 NAME: 1.600 Oszood Street . LLC ADDRESS OF APPEAL: 1600 Osgood Street , N. A n d o v e r�--,,a 01845 Town Clerk 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(20J 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 apoication 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 items STEP 7• DELNERY OF LEGAL NOTICE TO that are underlined 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 notice 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 Z: VARIANCE APPLICATION FORM: The petitioner shauki 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 PREPARATION:_ 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 10• RECORDING THE DECISION AND PLANS. STEPS: 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, 381 Office to be certified by the Town Cleric with the time Common St., Lawrence MA, and shall complete the Ind date of filing. The original will be left at the Town Certification of Recording form and forwardit to the ('lerk's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building he Zoning Board of Appeals secretary. Department. �IaHONE NUMBERS. . ... .. ..................................., ............,.......... ......... .. .............,..................... VIP�3RTANT ......... . _.. 178-6188-9533 Office of Community Dev. & Services North Andover Town Hail 1600 Osgood Street, 120 train Street North Andover, IAA 01845 978-688-9501 Town Clerk's office 3-CA-8-9542 4Rx for Community Development iaffices 978-688-9586 ;assessor's C'ffice '8 -'355 3uilding!✓apartment 3�s��8-9541 I!47oning Board of.4ppeais office PAGE I of 4 f AUG 1 �3 Z006 V C PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete all items t -10 below: 1. Petitioner: *Name, *Address and telephone number: 1600 Osgood Street LLC c/o Ozzy Properties , Inc .' 3 Dundee Park, Andover, MA ni_Rin Tel . ( 978) 475-4569 - *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: 1600 Osgood Street , LLC - - c/o Ozzy Properties, Inc . , 3 Dundee Park, Andover, MA nigh Tel. - (978) 475-4569 Years Owned Land: 3 years 3. Location of Property: a. Street: 1600 Osgood Street Zoning District: 1-2 b. Assessors: Map number: 34 Lot Number: , 7 c. Registry of Deeds: Book Number: 8 213 Page Number: 272 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 6 6 - *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Petitioner is reque,gting variance to install two (.9) grtu,nd signs on the Property, and to permit one ( 1) ground sign to include ;n excess of 100 square feet of Qign -qrc:a 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 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 N/A Sign Variance Only. A. % s g. % Lot area includes 119 . 703 acres . j t rdyC J v1 '4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 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 i 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 E 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'" *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"" ,Reference Uses from the Zoning Bylaw&Table 1. -State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shalt 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. 1 Mod Street, LLC Signature: (.. i 'i Type above name(s) re' Ellen Keller, duly authorized i E i PAGE4OF4 VARIANCE NCE 3. WRI'T'TEN DOCUMENTATION x'10. !B. "'Plan 3pec.fications: ,application for a Variance must be supported by a 1) Size of plan: Ten (10 ) paper copies of a plan riot legibly written or typed memorandum setting forth in to exceed 11'x17", preferred scale of 1"-40' detail all facts relied upon. When requesting a Variance In One(1) Mylar, with one block for Registry Use from the requirements of MGLA ch. 40A, Sec. 10.4 and Only, and one block for five (5) ZBA signatures &date. the North Andover Zoning By-laws, all dimensional IIn Plan shall be prepared, stamped and certified by requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please supported. AN points,A-F,are required to be note that plans bya Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. for the land or * A. The particular use proposed10 C. Required Features On Plan: structure. 1) Site Orientation shall include: B. The circumstances relating to soil 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 Iq 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 relief 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. Fads 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(*). in some cases further information may 10. PLAN OF LAND be required. ='ach application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans must be submitted with this application to the Town 11.A. Notification fees:Applicant shalt provide a Cleric's Office and ZBA secretary at least thirty(30)days check or money order to: ?own of North Andover- prior to the public hearing before the Zoning Board of 4022-1760-4841"for the cost of first class, certified, appeals, return receipt($4.64 as of January 2006)x#of all parties in interest identified In MGIA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the Architect may be requiredwhen the application applicant shall supply first class postage stamps ,,nvolves new construction/conversion/and/or a (currently 39¢)x the#of parties of interest on the abutters list for the decision mailing. ro osed change in use. 9 p ' .p 9 10. A. Major Projects 11.13. F. Mailing labels:Applicant shall provide ,our(4) Major projects are those, which involve one of the .;ets of mailing labels no'larger than 1";c2-5i8" (3 copies ra H�wing��vhether existing or proposed: for the Legal, and one copy for the Decision mailing). 1) five (5)or more parking spaces, it)thme (3) or more dwelling units, 11,C. gee 2005 i�E:viSt'd r' _Ii[) 2,000 square feet of building area. 0- A Variance once dgranted by`.he ZBA will lapse in ':lajor Projects;shall Y',quite, a.hat in :�dditios�to :`�e .r+.,i3 & -i ;one)year if not e eerrised,end a now option mix.st 1,1C features, that the plans show detailed utilities, .;oils, 3e submitted.A nd t^,fiegr. fhiC it+formation. I, TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICANVOWNER: 1600 OSGOOD STREET,LLC PROPERTY: 1600 OSGOOD STREET (ASSESSORS MAP 34, LOT 17) MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE I. INTRODUCTION The Petitioner, 1600 Osgood Street, LLC, is requesting certain dimensional variances to allow for the construction of one additional ground sign for the campus known as Osgood Landing, and formerly known as the Lucent Facility. Specifically, the Petitioner is seeking relief from Section 6.6 of the Zoning Bylaw of the Town of North Andover, as amended(the"Zoning Bylaw")to permit the installation of a total of two (2)ground signs on a single lot where one (1) ground sign is permitted, and to permit one(1)of the ground signs to have in excess of the allowed square footage of sign area. II. BACKGROUND 1600 Osgood Street, LLC(the"Petitioner"or"1600 Osgood")is the owner of parcel of land, consisting of approximately 119 acres in size, and located on the west side of Osgood Street(Route 125) (the "Property"). The Property is shown on a plan entitled"Preliminary Signage Master Plan, dated July 28,2006 (Rev. August 9, 2006), prepared by Huntress Associates,Inc. (the"Sign Master Plan"). The Property is designated on the Town of North Andover Assessors Maps as Map 34, Lot 17. 1600 Osgood acquired the Property in 2003, as evidenced by a Deed, dated August 21, 2003, and recorded with the Essex North Registry of Deeds at Book 8213, Page 272. A copy of the Deed is attached as Exhibit A. The Property is located in the Industrial 2 ("I-2") Zoning District where certain signs are permitted under the Zoning Bylaws. Consistent with the needs of a modern mixed use campus, there is a recognized need to implement a system for signs on the Property. As part of its efforts to transform and redevelop the Property from its historic use as a single user manufacturing facility to a mixed use campus consisting of multiple users of office, recreational,manufacturing and warehouse space, it has become evident that there is a need to provide a clear and consistent master plan for signs on the Property. In an effort to fill this need from both a safety and economic development standpoint, the Petitioner intends to implement the first phase of its sign master plan with the installation of ground signs as more specifically described below. Accordingly, the Petitioner desires to construct two (2) ground signs on the Property in the areas along Osgood Street shown on the Sign Master Plan as "Sign 1.1"and"Sign 2.1." Specifically,the first ground sign Petitioner seeks to install is known as the "Primary Campus ID Monument Sign"(the"Main Campus ID Sign")which is to be installed in the location shown on the Sign Master Plan as"Sign 1.1." A copy of the Sign Master Plan is attached as Exhibit B. The Main Campus ID Sign is shown on a plan entitled"Sign Type 1: Primary Campus ID Monument(Dwg. No. S-I),"dated February 18, 2006 (Rev. June 2, 2006), prepared by FTF/Blackstone (the"Main Campus ID Sign Plan"). The Main Campus ID Sign is the main sign displaying the site's name as"Osgood Landing," and a copy of the Main Campus ID Sign is attached as Exhibit C. It is important to note that the Main Campus ID Sign could be installed by right were it not for the request to install the second ground sign described below. The second ground sign Petitioner seeks to install on the Property is known as the"South Entrance Sign"(the "South Entrance Sign") in the location shown on the Sign Master Plan as "Sign 2.1"which is located at the signalized intersection of Orchard Hill Road and Osgood Street. The South Entrance Sign is shown on a plan entitled"Sign Type 2: Main Entrance Monuments(Dwg. No. S-2),"dated February 18, 2006,prepared by FTF/Blackstone (the "South Entrance Sign"), and a copy of the South Entrance Sign is attached as Exhibit D. Based upon the Building Commissioner's denial letter, dated August 8,2006 (the"Denial Letter"), two variances are required pursuant to Section 6.6 of the Zoning Bylaw. A copy of the Building Commissioner's denial letter is attached as Exhibit E. III. DISCUSSION As noted above, the Petitioner is requesting relief in the form of zoning dimensional variances to enable the Petitioner to construct two (2)ground signs, and to allow the South Entrance Sign to have 120 s.f. in sign area where 100 s.£ is permitted. Specifically, Section 6.6.G.3 of the Zoning Bylaws includes specific sign requirements for signs located within Industrial Districts. Accordingly, Section 6.6.G.3 of the Zoning Bylaws permits: One(1)ground sign,containing the name or other identification of the use on the property,for each street on which the property fronts,each sign is limited to an area of one hundred(100)square feet. Such sign shall not be located closer than forty(40)feet to any property line or twenty(20)feet above ground level. Accordingly, the petitioner is requesting the following two variances with respect to the South Entrance Sign. First, the installation of two (2) signs on the same lot requires a variance pursuant to 6.6.G.3. of the Zoning Bylaws since only one ground sign is permitted within an Industrial District. Second, a variance is required for the South Entrance Sign to allow for a total sign area of one-hundred twenty(120)square feet where one-hundred (100) square feet is permitted.' ' We note that both signs meet the other dimensional criteria outlined under Section 6.6.G.3 in that both signs are not located closer than forty(40)feet to any property line and both signs are less than twenty(20)feet above ground level. IV. BASIS FOR VARIANCE The Petitioner's proposed variances meet all of the conditions for granting of a variance as follows: 1. There are circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in which the property is located. In particular, the following property conditions are noted: What is primarily driving the need for the variance relief is the uniqueness of the Property's size in that without the requested signage, it would be very difficult for prospective tenants and their customers to both identify the Property and the location of specific tenant space. If the Petitioner were to rely solely on wall signs for tenant identification on the main building, not only would constraints on the total square footage of wall signs effectively limit the number of tenants which could have signs,but also, tenants and their customers not be able to see those signs from Route 125. 2. As a result of the circumstances described above which affect the Property but do not affect the zoning district in general, a literal enforcement of the sign dimensional requirements for the Industrial-2 Zoning District of the Zoning Bylaw will involve substantial hardship, financial or otherwise, to the Petitioner. The significant parcel size, coupled with the minimal number and size of permitted signs, will result in a significant financial hardship to the Petitioner. For instance, the inability to install adequate tenant and other Property signage would effectively reduce if not eliminate opportunities for the Petitioner to lease space. In fact,given the substantial amount of vacant office, industrial and warehouse space in the Merrimack Valley Region, a tenant which needs to have signage would be more inclined to lease space where signs are much more readily available and visible, with the result that the lack of signage on the Property would put the Petitioner at a significant competitive disadvantage. Moreover, the inability to install adequate and visible signage presents a public safety hazard if inadequate signage results in the inability of emergency response vehicles to timely respond to emergencies. 3. The relief sought will be desirable and without substantial detriment to the public good without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. As noted above, the installation of the signs noted above is necessary from both a safety and economic development standpoint. From an economic standpoint, the installation of the requested signage is necessary for modern office and industrial park campuses such as Osgood Landing to attract and maintain multiple tenants for the Property. Moreover, from a safety perspective, the requested signs will in fact improve public safety by providing fire,police and other emergency personnel with signs which will quickly direct personnel to the correct Property entrance in the event of an emergency at the Property. Lastly, allowing the installation of the proposed signs will not derogate from the intent or purpose of the Bylaw because the signs will enhance the attractiveness of the area, and in turn, the redevelopment potential for the Property and surrounding area. Accordingly, for the reasons stated above P and others that will be resented at the hearing, the Petitioner respectfully requests the Zoning Board of Appeals to grant the requested variances, and to allow the proposed installation of the signs noted above on the Property. Respectfully submitted, 1600 Osgood Street, LLC By its attorney, n T. Smolak, Esq. MOLAK&VAUGHAN LLP 820 Turnpike Street, Suite 203 North Andover, Massachusetts 01845 Tel. (978)327-5217 . A:/leo 070a,�+► A A QUITCLAIM DEED BK 8213 PG 272 l LUCENT TECHNOLOGIES INC.,fornverly known as NS-MMInc.,a corporationduly established under the Iaws of Delaware,of Murray mill,New Jany c Crantoej, for and in consideration of Thirteen Million Eight Hundred Sixty Five Thousand One Hundred Shty Eight and No/100 Dollars(513,865,168.00)and other good and valuable consideration,the receipt and sufficiency whereof arc hereby acknowledged,hereby grants,with QUITCLAIM COVENANTS,to 1600 Osgood Street LLC,a Massachusetts limited liability copy("G'a►tee')+ having its usual place of business clo Ozzy Properties,Inc.at 3 Dundee Park,Andover,Massachusetts 01810 the land and the improvemwts thereon located in North Andover,Massachusetts,conmtoniy]mown as 1600 Osgood Street,more particularly descnl)ed on Schedule A attached hereto and nude a part hereof (the"Troperty")• rn (W) _ The within conveyance is not a transfer of all or substantially all of the assets of the Grantor located in Commonwealth of Massachusetts. Crn gl mac, -o Subject to and with the benefit of easements,takings,restrictions and ag mnents of record,to the qdA now in force and applicable. © A [signature on following bagel `` C; rn M tJ t v cn �QF- o GA zwz � w a� ca W t`' dW oto ' DEVINE,MIt�LIlKMET &BRANCH PROFESSIONAL ASSOCIATION 38 300 BRICKSTONE SQUARE POST OFFICE BOX dS ANDOVER, MASSACHUSETTS 0 1 a I o !6 BK 8213 PSG 273 In witness whereof the said Grantor has caused these presents to be signed,acknowledged and delivered in its name and behalf by Vanessa Scaglione,its Real Eft*Vice President,hereto duly authorized,this . W day of August,2003. LUCENT TECHNOLOGIES INC. By: :. _ Name: Title.- STATE ithe:STATE OF NEW JERSEY } )ss. COUNTY OF 08jon } Then personally appeared the above named Vanessa Scaglione,Reap Estate Vice President of Lucent Technologies Inc.,a Delaware corporation,and acknowledged the foregoing instrument to be his/her free act and deed as Reap Estate Vice President,and the free act and deed of said corporation before me this,-j_,day of August,2003. Notary Public (Affix Notary Sean] My commission expires: tt�►tMbYcdlMrJeney id�■e1�s6itntMRh1�,10Q] f i i i i BK 8213 PG 274 SCMDULE A Those two(2)certain tracts or parcels of land sitiote in the Commonwadth of Massachusetts,County of Essex and Town of North Andover and located on the westerly side of Osgood Street being more particularly bounded and described as follows: Parcel One Lots A,B,C,D,E,F,H,K,N,P,V,X and Y shown on a plan entitled"Plan of band in 1953 Industrial District,North Andover,Mass.,Compiled from Existing Plans,Deeds&Records for Western Electric CO.,Inc.,Owner,"dated June 1953 by Ralph B.Brasseur,C.E.recorded with the-Essex North District Registry of Deeds as Plan No.2740. Meaning and intending to convey the premises conveyed to Grantor by Deed of AT&T Corp.dated January 31,1996 and recorded in said Registry of Deeds at Book 4452,Page 178. Parcel Two A certain tract or parcel of land situate in the Commonwealth of Massachusetts,County of Essex and Town of North Andover and located on the westerly side of Osgood Street being more particularly bounded and described as follows: Beginning at a stone monument in the westerly line of Osgood Street said stone monument marks the southeast comer of land now or formerly of Western Electric Co.and the northeast comer of the herein described parcel;thence running S 14°36'40"W 384.18 feet by said westerly line of Osgood Street as laid out by the Commonwealth of Massachmusetts, 1961 Alteration,to a stone monument;thence turning and running southerly,still by said westerly line of Osgood Street and by a curve of 800.04 feet radius 72.89 feet to a stone Monument marking the most northeasterly and of the northerly line of Holt Road as laid out by the Essex County Commissioners in 1960;thence turning and running southerly and westerly by said northerly line of Holt Road and by a curve of 15 feet radius 21.54 feat to a stone monument;thence turning and running N 840 44'20"W 256.42 feet to a stone monument;S 86'07'S0" W 200.05 feet to a stone monument;S 85°13'30"W 314.80 feet to a stone monument;S 84°50'0"W 211.60 feet to a stone monument;S 750 50'S0"W 95.21 feet to a stone monument;S 73°37'30"W 248.94 feet to a stone monument and laced now or formerly of &G Real Estate Trust;the last six courses being all by said northerly line of Holt Road;thence turning and inning N 040 13'50"W 378.55 feet by said land of D&G Real Estate Trust to a stone monument at lead now or formerly of Wester Electric Co.;thence turtring and running N 81°57'20"E 1482 feet by said land of Western Electric Co. to a stone monument in the westerly lint of Osgood Street and point of beginning. Subject to a Taking by the Essex County Comimaimoners for the relocation of Holt Road dated March 17, 1964 and recorded in said Registry of Deeds at Book 1005,Page 320,and as shown on Plan No.496E Meaning and intending to convey the premises conveyed to Grantor by Deed of AT&T Corp.dated 1. ,and recorded in said Registry of Deeds 1247831.3 EXHIBIT B SIGN MASTER PLAN I� ✓ t Huntress Associates,Inc. 00 op Landscape Architecture&Land Planning o` 17 Tewksbury Street Andover,Massachusetts 01810 978 470 8882 FAX 978 470 8890 FOR REGISTRY USE THIS IS TO CERTIFY THAT TWENTY (20) DAYS C1 HAVE ELAPSED FROM DATE OF DECISION FILED WITHOUT FILING OF AN APPEAL. Ct 1. DATE A �� 5 TOWN CLERK O APPROVED BY THE TOWN OF NORTH ANDOVER ZONING BOARD f DATE Q FILED \ ProJee t: HEARING OSGOOD LANDING 1600 Osgood Street north Andover,Massachusetts �' � :1 � Drawln Tit16: 9 ® Preliminary Campus Signage Master Plan - * � ' , •°r@ a-• SIM 6.1 100'WL"SETBACK 516N _--�---__'_r--' i , A' _ 40'S16NA6E p �IIIII III;:I Date ii °: 1 �11'IIII- Il I SI6N 1.1 �___-" r _ I� +J, REVISED 5ETBAGK.9 FOR 516N5 8.9.06 00'WILOIN6 SETBALK .,�"''� 516N 2.1 _ Scale, , Drawing No. 90'SI6NA6E SETBACK NOTE:ALL 516K5 MEET OR EXCEED THE 40'FRONT YARD 5ETSALK FROM PROPERTY LINES, • __ __ p AS REQWRED BY SECTION bb PARA 6!5)OF THE NORTH ANDOVER ZONIN6 BYLAW. Date: • ....� r...3^'r. .lob: _ Sisal F116: pg.-aec Drown C.G-i o1 .t Checked: -- 1 , EXHIBIT C PRIMARY CAMPUS ID SIGN z•-o^ R 20'-0" T-O" f-1"Vertical reveal 21'40" 1"Vertical reveal� 2'-0" 1/4°vertical reveal between face panels(typ.) w , ELEVATION&PLAN SIGN 1.1 I SIGN TYPE I:PRIMARYCAMPUSIDMONUMENT appliques.Paintcabinst,faces and column covers silvermstallic. Single face non-illuminated sign cabinet,consisting of SignComp 02005 Wide Body Blue rectangle to be 4"deep heavy gauge aluminum reverse channel pan,comers trams,with internal structured reinforcement as requires. Heavy gauge aluminum faces welded 8 ground smooth,stud mounted to sign face."OSGOOD LANDING"text to be 2' with Mord edge at top and bottom. 1/4"vertical reveal between individual face panels deep fabricated stainless letters painted white&black as shown and stud mounted to (with vertical buttstrepbehind seams).Face treatmentto be similarfor back ofeign. background. Outboard columns to consist of structural steel posts concealed in fabricated heavy Sign to be externally illuminated by ground-mounted lighting fixtures. gauge aluminum column covers painted silver metallic,with decorative raised collars& o..c•n..c"••o. Fr*ct Osgood Landing I North Andowy MA Fla Neme 011.81.4es Scala Noted Date 024&00 awarx o"naa ern oksr9 Developer Ozsy Properties,Inc. Pivject No. 511114-26 Drawn PTF SKeet 1 0/ 1 , pa dr design Cr ipustration 3N. P9k-kW a,eco Dime•k9)97&9r3./WM9r&9769a39 rn•a�wire•riwn"merana.m•.ynme.waa n.„No. j-t/�G�1teduml sikn trade �4f 3W-83-39 '"'Y• / s 1.Primary •ui wW.:: S-1 De�t� Campus Monument Revisions By Date rw•+rM'•e•..a. EXHIBIT D SOUTH ENTRANCE SIGN T-0" 4 , 1 X, A� stom fabricated 10'-0" heavy gauge aluminum cap at top, painted Non-illuminated double face cabinets silver metallic with heavy gauge aluminum faces& extruded aluminum"H"dividers � t OSGOO- 71lue rectangle:2 Y"deep heavy gauge aluminum reverse channel pan, 0 corners welded&ground smooth,stud mounted to sign face background; SOUTH ENTRANCE "OSGOOD LANDING" &"SOUTH ENTRANCE" 1"deep fabricated io stainless letters painted white&black as shown and stud mounted TENANT to background Cabinet&faces as above; all tenant text white vinyl thru-out(final names& TENANTgraphics TBD);faces painted a PMS 10C Warm Gray io Q4 °D TENANT OLUMN TREATMENT. ' Structural steel sign posts concealed in fabricated heavy gauge TENANT TENANT aluminum column covers painted silver metallic, with decorative raised _r 171 collars&appliques N e-,1 ELEVATION&PLAN 1 3/8°'=11-0- SIGN TYPE 2: MAIN ENTRANCE MONUMENTS 1) Two(2)signs required: 1 each at North and South main entrances to campus(total 2 signs). Information and retail tenant names vary at each entrance. 2) Sign cabinet specifications: SignComp extruded aluminum components thru-out. #2005 Wide Body frame with horizontal#2045 swing hinge 21/4"Retainer top&bottom and#2075 vertical 21/4"Dual Frame Cover at left &right sides. Individual sign faces separated by#2138 horizontal 2"Divider Bars. 3) All painted surfaces to be finished with MatthewsAcrylic Polyurethane;all final colors to be determined. 4) All sign components and attachments thru-out to be non-staining and non-corrosive; all fasteners to be stainless steel. 1 Project Osgood Landing Date 02-18-06 FTFIBIackstoneNorth Andover, MA Scale Noted shop drawings,design&illustration Ozzy Properties, Inc. Fite OLS2.DES r the architectural si trade Developer 3 Dundee Park-Andover,MA 01810 (p)978-475-4569-(f)978-475-4638 Revisions By Date Sheet 1 of 1 Sign e 2: Main Thisdrawingisyyiveninconfidence and may not beused Drawn FTF One Grafton Common,Suite L 2•Grafton,MA 0 15 19 g Type ordisseminatedin any way without prior D written Consent g _ t&f 508-839-4459-drawthesign@FTFblackstone.com Description Entrance Monuments from this Company.All common law and Copyright laws No. S-2 2 are herebyspecifically reserved. Prof.# 50.9.26 EXHIBIT E BUILDING INSPECTOR'S DENIAL Aug, 08 06 01 : 56F NORTH ANDOVER 9786889542 P. 1 Zoning Bylaw Review Form Town Of North Andover Building Department 1600 Osgood Street, Building 20,Suite 2.32 North Andover,MA.01845 Phone 978.Ma-gus Fax 97688-9542 Street: 1600 Osgood Ma ILot• 341178,34/ANR Parcel A licant: 8 Pro ies Inc. Re uest: Grou1.nd Signs Date: 8-8.06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw among: Zonis District: Item Note8 A Lot Area Sem Notes F Frontage 1 Lot area Insufficient 1 Fronta insufficient 2 Lot Area Preexistin X 2 Fronto-C­' 3 Lot Area Complies 3 Preexists iron 4 Insufficient Use information 4 insufficient information 13 Allo5 No access over Frontage 2 Not 1 A:`low to G Contiguous Building Area wed t Insufficient Area 3 Use Preexistin 2 Com :ies 4 S ciai Permit Required 3 Preexistin CBA 5 Insufficient Information 4 Insuflicient Information C Setback H Building Height 1 All setbacks complyX 1 nPreexistin xceeds Maximum 2 Front Insuf icient 2 s 3 Left SiCe Icstafficient 3 Hei ht 4 Right Side Insufficient 4 nt Information 5 Rear Insufficient l Coverage 6 Preexistin setbacks t a exceeds maximum — 7 Insufficient Information 2 Covera a Com Pies D watershed 3 Coverage Preexisting Not in VJa:ers ted X 4 Insufficient Information 2 In Watershed ,J Sign 3 Lot prior to 10.124194 1 Sign not alkmed X 4 Zone to be Determined 2 Sol Complies 5 insufficient Information 3 Insufficient information E Historic District K Parking 4 In District review r—equired 1 Mare Parking Re uired 2 Not in district X 2 Parking Complies 3 Insufficient information Remed for the above is checked below. Item# Special Permits Plannin Board Nem f e Variance Site Flan Review S at Permit Setback Variance Access other than Fronia e S clot Permit Parkin Variance Frontage Exce tion Lot Special Permit Lot Area Variance Common onveway Saectal Permit Height Variance Congregate Housing Speciai Permit X Variance for Varian Continuing Care Retirement Special Permit Special Permits Zonln Board Inde ndent Elded Housi S at Permit Special Permit Non-Conformin Use 26A La a Estate Condo S dal Permit Earth Removal ectal Permit ZBA Planned Deve meet District S lel Permit S eclat Permit Use not Listed but Similar Planned Resderttia1 S Ciat Permit S I Permit for Si n R-ti Dens! S cat Permit Other Watershed Special Permit Su 1 Ad bonal8iformation The above review and attached exalanadon at such is baser;or the plans and information submitted. No de nitive review ardor advice shall be based on verbal explanytions by the applicant nor shall such verbal es applicant serve to provide definitive anavers to the above reasons For DENIAL. A 1 plamating try the information,or other siuent changesn5 Inaccuracies,mrsleacirtg be voided al the discretion of�e Budding Department.Thet ac a document ent ins ntled'P an Review licant shall be Via^Narrative'e'for she I he s review� attached herelil and u must file s heroinwb by re`erence The building department va retain all pians and documentation for the afxivA.Gle.You must file avtx>dcing permapFiirativn Farm and begin the permitting proms. Building Gepartment dfricsal Sid6atu re Application Received A ppl' ati Denied Denial Sent: If Faxed Phone NuMberlDate: AUG-08-2006 02:25PM From: 9786889542 TD: Page:001 R=94% Aug 08 06 01 : 56P NORTH ANDOVER 9786889542 p, 2 .r 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: Ravierlii Reasons.f*rbehial.&Bylaw Reference nr F�nri hte J5 A Variance from Section 6.6.G.3 (tine(1)ground sign,containing the naive or other identification of the use on the property,for each street on which the property fronts,each sign is limited to an area of one hundred(100)square feet.Such sign shall not be located closer than forty(40)feet to any property fine or twenty(20)feet above ground level.of the Zoning Bylaw is required for a second ground sign on Map 34/17 and which is greater than 100 square feet for the South entrance sign 2.1. J;1 A Variance from Section 6.6.G.3 (One(1)ground sign,containing the name or other identification of the use on the property,for each street on which the property fronts,each sign is limited to an area of one hundred(100)square feet.Such sign sliatl not be located closer than forty(40)feet to any property line or twenty(20)feet above ground levet.of the Zoning Bylaw is required for a ground sign that is greater than 100 square feet for the worth entrance sign 2.2 on Map 34 Parcel A- Referred To: Fina Health Police Zo Haard Conservation I Department d Public Works Planni Fistarical Commission Other BUILDING DEPT ZonirgBylawl7enia32060 AUG-08-2006 02:26PM From: 9786889542 ID: Pase•002 R=94% Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the Hand 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 tom." Subject Property: MAP PARCEL Name Address 34 17&15 1600 Osgood Street LLC 2 Dundee Park, Andover MA 01810 Abutters Properties Mae Parcel Name Address 34 2&1 Tyler Monroe 100 Foster Street,North Andover,MA 01845 34 3 CWA Local 1365 Realty Trust 1627 Osgood Street,North Andover,MA 01845 34 4 S P E C Realty Trust 35 Webster Street#320 East Boston,MA 02128 34 28 Hang'n Tree Realty Trust 1615 Osgood Street,North Andover,MA 01845 34 44 Mason-Dixon Realty Trust 160 Common Street,Lawrence,MA 018425 34 41 &42 Mirovave Engineering Corp. 1551 Osgood Street,North Andover,MA 01845 34 18&21 Commonwealth of Massachusetts 100 Cambridge Street,Boston,MA 02202 34 50 Alabacado Limited 45 Beechwood Drive,North Andover,MA 01845 34 7 1503 Osgood Street,LLC 1503 Osgood Street,North Andover,MA 01845 34 16 Merrimack Valley Fredral Credit Union 1600 Osgood Street,North Andover,MA 01845 34 9&25 Kristen&Lindsay Realty LLC 770 Boxford Street,North Andover,MA 01845 34 10 George R.Barker,Jr. 1267 Osgood Street,North Andover,MA 01845 34 20 Techincal Training Foundation Trust 1551 Osgood Street,North Andover,MA 01845 34 26 Lawrence City Airport Commission 492 Sutton Street,North Andover,MA 01845 34 23 Holt Road Excacators,Inc 120 Holt Road,North Andover,MA 01845 78 2 North Andover 2004 LLC 86 Maple Avenue,Morristown,NJ 07960 61 11 J.Tropeano,Inc. 1780 Osgood Street,North Andover,MA 01845 61 39 The Alabacado 1755 Limited Partnership 45 Beechwood Drive,North Andover,MA 01845 61 18 New England Tel&Tel Co P.O Box 152206,Irving TX,75015-2206 61 8&17 Roy Mc Kinney P.O Box 8373,Ward Hill,MA 01835 61 66 Stor-U-Self of Andover Limited 55 Cambridge Street,Burlington,MA 01803 61 14 Boston&Maine Railroad Iron Horse ParkHigh Street,North Billerica,MA 01862 61 16 G M Z Realty Trust 1679 Osgood Street,North Andover,MA 01845 61 21 Enos Doucette 1345 Boston Road,Haverhill,MA 01830 This certifies that the names appearing on the records of the Assessors Office as of Certified by: Date P;AGE I OF '4 VARIANCE 1 YJRI TTEN DOCUMENTATION "10. S. "Plan Specsfacations: :application for a Variance must be supported by a 1) Size of plan: Ten(10) paper copies,f,a plan not ,egibly written or typed memorandum setting forth in to exceed 11'x17"; preferred scale of 1"-40' detail all facts ielied upon. When requesting a Variance 10 One 11)Mylar, with one block for Registry Use from the requirements of MGLA ch. 40A, Sec. 10.4 and Only, and one block for five (5)ZBA signatures&date. the North Andover Zoning By-laws, all dimensional III) P►an 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 that plans bya Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or *10 C. *Required Features On Plan: structure. 0 Site Orientation shall include: B. ►he circumstances relating to soil 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 lovithin 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 l) Legend&Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines&outlined in red C. Facts relied upon to support a finding that relief 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 S. 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(*). In some cases further information may '10. PLAN OF LAND be required. teach .application to the Zoning Board of Appeals shall 11. ,APPLICATION FILING FEES <7)e accompanied by the following described plan. Pians must be submitted-with this application to the Town 11.A. .Notification fees: Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: `Town of North Andover- prior to the public gearing before the Zoning Board of 4022-1760-4841"for the cost of first class, certified, ippeals. return receipt($4.64 as of January 2006)x#of all parties in interest identified in MGLA ch. 40A,11 1 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the ,architect enay be required when the application applicant shall supply first class postage stamps n✓olves new v.onstructien/conversion/and/or a ;Currently 39¢)x the#of parties of interest ,n the ;proposed�-leafage in use. abutter's list for hhe decision mailing. 0. A. Major Projects 11.0. Mailing labels:Applicant hall provide four s4) Frr �r.; F is are jt those, w: #iCh involvene ,f the ,Pts of mailirg":;bels;ro'arrger than 1". +3 c pseS tnw�th,?r existingar prcFCsed: `,,r the l_?gal, 3rd.;oe cc i:y for`i e oecisicn `7?3ilrt`�)• I t;v-,9 (5) or mora park=1q:3paCeS, r) t. ii-'e t3) or nnct-e.i,,re}ling units, _I) `% .�quore ?et of .,uilding atea- A 1:i xr0: t1ce print d Jy­",'3A '. ll P-4c we in ?il ii 'a,ry.tle�?, ,fist €f?. `�a:Ilt Cice �i re) fear if ',ot ? -�r�'?v�'a� tr'+e'l.� 'la�N r,eY �} ;file n4.3C?S :'a,-!eta led s .:,i!Sf a€a.91sb1ilk�tef�. i ¢ tAORTH 3a b•<�``� 6,a�ooL Town flerk Time Stamp RECEIVED n • q cx..s«e1� »,7e0 2006 AUG 16 PM „` Q 'SSgcHus�� ZONING BOARD OF APPEALS TOYIN U Community Development Division NORTH #i �t t MASS , r u`,3 i 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 Tuesday the 12th of September, 2006 at 7:30 PM to all parties interested in the application of 1644 Osgood Street,LLC, c/o Ozzy Properties, Inc., 3 Dundee Park, Andover, MA 01810 for premises at: 1600 Osgood Street(Map 34,Parcel 17),North Andover requesting a dimensional Variance for relief from the requirements of Section 6, Paragraph 6.6 of the Zoning Bylaw in order to(1)install a 2nd ground sign, and(2) requesting that the 2"d ground sign's area be greater than 100 square feet.. Said premises affected is property with frontage on the Northwest side of Osgood Street within the I-2 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,North Andover,MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Ellen P.McIntyre, Chairman Published in the Eagle-Tribune on August 21 &August 28, 2006. Legalnotice 2006-029. M34P17. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com f 14ORTH q 32 b`<�`SO h•,6oL Town Clerk Time Stamp RECEIVED002006 AUG 16 PH I C. S SAS�CNU ZONING BOARD Of APPEALS TOMN OF NORTH ANO0 Community Development Division MASS A C"HU S 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 Tuesday the 12th of September, 2006 at 7:30 PM to all parties interested in the application of 1600 Osgood Street,LLC, c% Ozzy Properties, Inc., 3 Dundee Park, Andover, MA 01810 for premises at: 1600 Osgood Street(Map 34,Parcel 17, Lot A), North Andover requesting a dimensional Variance for relief from the requirements of Section 6,Paragraph 6.6 of the Zoning Bylaw in order to install a ground sign which would be greater than 100 square feet of sign area. Said premises affected is property with frontage on the West side of Osgood Street within the I-2 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,North Andover,MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chairman Published in the Eagle-Tribune on August 21 &August 28, 2006. Legalnotice 2006-030. M34P17A. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web www.townofnorthandover.com f �sORTy � 3rp`cS`�a" 6�6•`oL ,� imeStamp Iy�C�v 0 toTICE 7 , 2006 SEP 14 AM 9. 52 V *Argo AC U i e>. sr ZONING BOARD OF APPEALS HGRT 1 I} UiV Community Development Division MASS lab!, I u; Date r ( --z D(o Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a anc Varie peci Permit Comprehensive Permit(4013) Finding for property located at: STREET: r0,0 Y tol A MAP:—,3 1� PARCEL: 1 17 TOWN: htz& ?4/)� TO MEETING DATE(S): oej1 C° NAME OF PETITIO Signed: L� Pe ' er(or petitioner's representative) t SEP 006 ! 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web wwwjownofnorthandover.com �,y �_ �s'� , 7. 2006 DEC -7 11 : 31 E©�" DAGOSTIN PC. !0 gg REC IVED ATTORNEYS AT LAW s , t MA S"-)A, �°t,It o., DEC T. 2006 Howard P.Speicher NUr, ....,a,,;,VER PLANNING DEPARTMENT C.Michael Mahn William F.Griffin,Jr. December 4, 2006 John G.Serino Gary S.Matsko John T.Lynch Mary Ippolito Carol R.Cohen North Andover Planning Department Howard P.Speicher Building 20, Suite 2-36 Paul L.Feldman 1600 Osgood Street Gary M.Feldman North Andover, MA 01845 George A.Hewett Laurence M.Johnson Kenneth J.Mickiewicz Re: Thistle Road,Nutmeg Lane and Periwinkle Street Acceptance Thomas S.Fitzpatrick Applications J.Gavin Cockfield David Rapaport Dear Ms. Ippolito: Whitton E.Norris,111 Andrew D.Myers_ This office represents the North Andover Land Corporation, the developer to Robert J„Galvin the Abbott Village subdivision off of Salem Street. We plan to request street John D.Chambliss acceptance of the streets in the subdivision, Thistle Road,Nutmeg Lane and Thomas Frisardi Periwinkle Way. Our intention, subject to the Planning Department's input, is Marjorie Suisman to submit two separate warrant articles: one for Thistle Road, and one for Samuel B.Moskowitz Nutmeg Lane and Periwinkle Way. Charles H.DeBevoise Amy L.Fracassini Please accept this as a request for a Certificate of Completion of the ways in the Robert J.Diettrich Abbott Village Subdivision in connection with our request for street acceptance, Avi M.Lev in accordance with the town's guidelines for street acceptance. As required by Ann M.Sobolewski the guidelines, copies of this request are being sent to the Department of Public Joshua S.Grossman Works and to Town Counsel. Neal J.Bingham David M.Cogliano Please contact me or Benjamin Osgood, Sr. (978 683-3163) if you have any Rebecca 1..Andrews questions or if you require any additional information. Laurie Alexander-Krom Sophie C.Migliazzo Christopher J.Marino Very truly yOUTS, Shannon M.Tomai* Harold R.Davis, i Howard P. Speicher ofCounsell, Julian J.D'Agostme HPS/swb of Counsel *Pending,admiAon to the Massachusetts Bar direct 617-589-3889 direct fax 617-305-3189 email nbingham@davismalm.com ONE BOSTON PLAcE•BOSTON•MA•02108 617.367.2500 • fax 617.523.6215 www . davismaIm . com Mary Ippolito � December 4, 2006 IN Page 2 SFC, AT TO R y N E Y S AT L A W cc: Timothy Willett, Town Engineer MS QAC° Thomas Urbelis, Esq. Benjamin C. Osgood, Sr. 425557v.1 f NORTy � RE:CE IV 56 Clerk Time Stamp @ ,airy w 'C n YF1Cr bb 2006 OCT 16 PM 12: J ,v tecMi�f.nc �1~ ''o^rso �,�; ssACHU O'firf SS ZONING BOARD OF APPEALS r . Commu" 'cit Division 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 Tuesday the 14th of November, 2006 at 7:30 PM to all parties interested in the application of Hughes Entertainment,Inc., 178 Lakeshore Drive,Marlborough,MA 01752, for premises at: 1600 Osgood Street(Map 34,Parcel 17),North Andover requesting a Special Permit from Section 4, Paragraph 4.133.9 and Section 10, Paragraph 10.3 of the Zoning Bylaw in order to operate an Indoor Place of Amusement or Assembly and from Chapter 70 of the Town of North Andover General Bylaws in order to license more than four(4)automatic amusement devices to any individual or business premise. Said premise affected is property with frontage on the West side of Osgood Street within the 1-2 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,North Andover,MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chairman Published in the Eagle-Tribune on October 23 &October 30, 2006. Legalnotice 2006-038. M34P17. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 976.688.9542 Web www.townofoorthandover.com TOWN OF NORTH ANDOVER SPECIAL )P, ZONING BOARD OF APPEALS Czoning Bylaws) NAME 141ig1hps FntPrtai nwp-nt Tnr 29060 T 13 Pil 1' ADDRESS OF APPEAL 1660 Osgood Street (Building, 30) Town Clerk Time Stamp � ` '777 . Procedure & Requirements for an Application for a Special Permit Ten (10)copies of the following information must be STEP 6• SCHEDULING OF HEARING AND submitted thirty(W days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules t periods prescribed may result in a dismissal by 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)ar- The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and thi Regulations and is not meant to supersede them.The_ cost of the Party in Interest fee. petitioner will compift items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE.TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and receivers The petitioner picks up the legal notice from the Office a Zoning Bylaw Denial form completed by the the Zoning Board of Appeals and delivers the legal not Building Commissioner. to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information as The petitioner should appear in his/her behalf,or be required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence c completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits ail of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision .ill b. STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board' The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch.40A sec. 17,within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1)original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLAN of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification to be certified by the Town Clerk with the time and date the decision, Mylar,and any accompanying pians at in of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common: Office, and the 10 Xerox copies will be left with the St., Lawrence MA. and shall complete the Certificaticr ?oninq Board of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department.. MPORTANT PHONE NUMBERS: ^78-688-9533 Office of Community Dev. &Services North Andover Town Hall '500 Osgood St., Bldg_20, Suite 2-36 120 Main Street North Andover, MA 01845 North Andover, MA 01845 978-688-9542 fax for all Community Development offices 978-688-9545 Building Department 978-688-9501 Town Clerk's Office 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office ,: i'. PAGE 1 of 4 i PAGE 2 OF 4 Date&Time Stamp North ANDOVER ZONING BOARD OF APPEALS application fora SPECIAL PERMIT Please complete all items 1-10 below: 1. Petitioner: *Name, *Address and telephone number: Hughes Entertainment , Inca 178 Lakeshore Drive , Marlborough , MA ATTN• Gregory 0 Hughes , President Tel .No . (781 ) 608-0438 01752 "rhe 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: 1600 Osgood Street , LLC c/o Ozzy Properties , Inc . 3 Dundee Park , Andover , MA 01810 Years Owned Land: 3 3. Location of Property: a. Street: 1600 Osgood Street Zoning District: 1-2 b. Assessors: Map Number 34 Lot Number: 17 c. Registry of Deeds: Book Number 8 213 Page dumber: 272 4. Z o n i n g 9ylaw Section(s) under which the petition for the Special Permit is made. Sections 4 . 133(9) and 10 . 3 of the North Andover Zoning Bylaws "Refer to the Permit venial and Zoning Ordinance Plan Revii"as supplied by the Building Commissioner. S. Describe the Special Permit request: The Applicant requests a Special Permit to allow for the operation of a recreational entertainment center including a laser tag - operation as a primary use , along with accessory uses and other improvements . The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant 16 the Zoning Beard Rules and Regulation$ as cited or, Quc 4. section 9 of this aoolication. Page 3of4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): NO CHANGES Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6B. Proposed Lot(s): NO CHANGES Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Few Spaces Front Side A Side B Rear % 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) NO CHANGES Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft_ Coverage Feet Spaces Front Side A Side 13 Rear 96 TA, Existing Building(s): NO CHANGES Ground Floor Nuimber of Total Use of "lumber Square feet Floors Sq. feet Building* of Units** *Reference uses from the Zoning Bylaws&Table 1. **State number of units in building. ?B. Proposed Building($):NO CHANGES Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building'' of Units*" *Reference Uses from the Zoning Bylaws&Table 1. *`State number of units in building. 3. Petitioner and Landowner signature(s): ery application for a Spacial Permit shall be made on this form,which is the official farm of the Zoning Board of Appeals. Eve, 'ipplication shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supportio. documentation with this application, The dated copy of this application received by the Town Clerk or the Zoning Board of Appeal does not absolve the applicant from this responsibility. The petition shall be responsible for all expenses for filing and ler- notification. Failure to comply with application requirements, as citfq herein and in the Zoning Board Rules and Regulations rri^ esult in a dismissal by the Zoning Board of this application as inco t 'Signature d !�� ipe above name(s) here Hughes Entertainment , Inc . Gregory 0 . Hughes , President PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION *10.B.*Plan Specifications: Application for a Special Permit must be supported by a 1) Size of plan: Ten(10 )paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Special 11) One(1) Mylar not to exceed 24"x36". Permit from the requirements of MGLA ch. 40A,and the 111) All Site plans shall be the result of an instrument North Andover Zoning By-laws,all dimensional survey certified by a Registered Professional Land requirements shall be clearly identified and factually Surveyor with a block for five(5)ZBA signatures supported. All points, 1-6,are required to be and date indicated on the Mylar.. Other registered addressed with this application, professionals,such as Registered Architects, Registered Professional Landscape Architects, 1.The particular use proposed for the land or structure. Registered Professional Civil or Geotechnical 2.The speck site is an appropriate location for such Engineers,etc., may collaborate on the Site Plan. use, structure or condition. *10C. "Features To Be Included On Man: 3.There will be no nuisance or serious hazard to 1) Site Orientation shall include: vehicles or pedestrians. 1. north point 4.Adequate and appropriate facilities will be provided 2. zoning district(s) for the proper operation of the proposed use. 3. names of streets 5.The use is in harmony with the purpose and intent of t 4. wetlands(if applicable) Zoning Bylaw. 5. abutters of property,within 300' radius 6.Specific reference and response to the criteria 6. locations of buildings on adjacent properties required by the particular Special Permit for which within 50'from applicants proposed structure this application is made(i.e.the Earth Removal 7. deed restrictions,easements. Spet ,i Darmit tip, a criteria and submittal 11)Legend&Graphic Aids: requi 1. Proposed features in solid lines&outlined in red 2. Existing features to be removed in dashed lines 10. 3LAN t3E LAND "s. Graphic Scales 4. Date of Pian Each • "iration"r- },tip.Zoning Board r f'Inneals shall be 5. Tile of Plan -" dans 6. Dames addresses and phone numbers of the io u,4 wn applicant,owner or record,and designer or Clerk's Office and ZBA secreta{,j ,t least thirty t30)days surveyor, prior to the public h-3ring before the Zoning Board of appeals. 100. Minor Projects Mirror projects,such as decks, sheds,and garages, .n.set of building elevation plans by a Registered Shad requite only the pian information as indicated with Architect may be required when the application an.asterisks(*). In some cases further information may involves new construction/a conversion/and/or a be required Proposed change in use. 11. APPLICATION FILING FEES 10 A. Major Projects A. Notification fees:Applicant shall provide a check Major projects are those which involve one of the or money order to: "Town of North Andover-#022-1760- lollowing whether existing or proposed: 4841"for the cost of first class,certified, return receipt x 1) five or more parking spaces #of all parties in interest identified in MGLA ch. 40A§11 11)three(3)or more dwelling units, on a abutter's list for the legal notice check. Also, the 111)2000 square feet of building area. apr `.shall supply first class postage stamps x the 4 of parties of interest on the abutter's list for the decision ;,,iajor Projects shall require that in addition to the:above mailing. features plans must show detailed utilities, soils, and 3. Mailing labels Applicant shall provide four(t'i 'opographic information ayts of mailing labels no larger than 1"x2-5r$"(3 copies for the Legal mailing one and co for the Decision PY mailing). C. See 2005 Revised Fee Schedule. -)444 A Special Permit once granted by the ZSA�mll llipse in 2(two)years if not exercised and a new petition must be submitted. FF4-f- t TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICANT: HUGHES ENTERTAINMENT,INC. OWNER: 1600 OSGOOD STREET, LLC PROPERTY: 1600 OSGOOD STREET (ASSESSORS MAP 34, LOT 17) MEMORANDUM IN SUPPORT OF APPLICATION FOR SPECIAL PERMIT FOR RECREATIONAL USE(Section 4.133(9)) I. INTRODUCTION The Applicant,Hughes Entertainment,Inc., d.b.a. LaserCraze, is requesting a special permit to allow for a recreational use to be located within an existing building (Building 30) at the campus known as Osgood Landing, and formerly known as the Lucent Facility. Specifically, the Petitioner is seeking a special permit pursuant to Sections 4.133(9) and 10.3 of the Zoning Bylaw of the Town of North Andover, as amended (the "Zoning Bylaw") to permit the proposed recreational use which is laser tag, along with other incidental uses as more fully described below. II. BACKGROUND Hughes Entertainment, Inc. (the"Applicant") is seeking a special permit from the Board of Appeals to authorize the operation of a laser tag recreational entertainment facility. The Applicant has entered into a lease with 1600 Osgood Street, LLC (the "Owner") to enable the Applicant to operate the laser tag facility within a 16,200 s.f. area (the "Leased Premises") which is located within an existing building known as Building 30 on the south side of the Osgood Landing complex which, in turn, is located on a parcel of land located on the west side_of Osgood Street(Route 125) (the "Property"). The Property is shown on a plan entitled "Plan of Land, Assessors Map 34, Lot 17, 1600 Osgood Street, North Andover, Massachusetts," dated May 5,2006, prepared for 1600 Osgood Street, LLC by MHF Design Consultants, Inc., and was recorded in the Essex North Registry of Deeds on May 30,2006 as Plan No. 15396. 1600 Osgood, LLC is the property owner, as evidenced by a Deed, dated August 21, 2003, and recorded with the Essex North Registry of Deeds at Book 8213, Page 272. A copy of the Deed is attached as Exhibit A. The building within which the proposed laser tag facility will be located is Building 30 which is shown on a pian (the"Building Plan") attached hereto as Exhibit B. The Leased Premises is to be located on the second floor of Building 30, and is shown as the shaded area on a plan entitled"Second Floor, 1600 Osgood Street, North Andover, MA, (Plan A2.00)" dated November 17, 2003, prepared by HDS Architecture (the "Second Floor Plan"). The Second Floor Plan is attached as Exhibit C. The Leased Premises is more particularly shown as a cross-hatched area on a plan entitled "Osgood Landing, LaserCraze- 16,200 NSF,Bldg. 30- 2nd FLR. S-E Entry Area," dated October 5, 2006, prepared by GSD Associates,LLC (the"Leased Premises Plan") which is attached as Exhibit D. Lastly, the conceptual internal layout of the proposed facility is shown on a plan entitled "Prototype Laser Craze -Floor Plan," (undated), prepared by Nunes Trabucco Architects (the "Layout Plan"). The Layout Plan is attached as Exhibit E. The Property is located in the Industrial 2 (1-2") Zoning District where recreational uses are permitted under the Zoning Bylaws by Special Permit issued by the Zoning Board of Appeals. Based upon the Building Commissioner's denial letter, dated October 10, 2006 (the "Denial Letter"),a Special Permit is required pursuant to Section 4.133(9) of the Zoning Bylaw. A copy of the Building Commissioner's denial letter is attached as Exhibit F. III. DESCRIPTION OF LASER TAG OPERATION (GENERALLY) As noted above, the Applicant is proposing to locate its first-class family recreational center in the Leased Premises at the Property. The goal of the Applicant will be to provide clean, safe, fun family recreational entertainment to the residents of North Andover and the surrounding communities. The primary business of LaserCraze is laser tag for kids between the ages of four and up. Additional incidental activities will include birthday parties, high school and college-oriented group functions, as well as corporate group functions. Lasercraze will be the third facility of its kind started, owned, and operated by its owner and general manager,Gregory Hughes. Mr. Hughes' previous business, LazerZone,has locations in Marlboro and Randolph, Massachusetts. The Randolph location opened in 1998 and the Marlboro location opened in 2001. LaserCraze's primary recreational entertainment attraction is laser tag. The game of laser tag is a futuristic form of tag played in an approximate 5,100 square foot black lit room geared to kids as young as six years of age through adults. In addition to laser tag, the facility will include a three-level playground maze with a"bounce house" geared to kids four to ten years old. There will also be a video and Skill game area which will include 25 coin-operated games, a simple snack bar which also serves fresh baked pizza, and a large multi-purpose function area to be used for events such as birthday parties and other similar group activities. The business proposes to be open six days per week and expects to do 85% of its business on Saturdays and Sundays. The proposed hours of operations are as follows: • Monday: Closed • Tuesday thru Thursday: 10:30am to 9:OOpm • Friday: 10:30am to 12 midnight • Saturday: 10am to 12 midnight • Sunday 10am to 7pm Safety of customers and staff is the number one priority at LaserCraze. To this end, the structures that make up the play areas and laser tag arena are constructed of Class A fire rated materials. The entire facility will be fully sprinklered and will contain sufficient emergency exits and provide complete handicap accessibility as required by applicable laws. Over the eight years of operation at the Randolph LazerZone facility, and six years of operation at the Marlborough facility,both operations have established a record of safe operations. The footprint of the Leased Premises for Lazercraze will have a very similar footprint to the Marlborough-LazerZone facility and will have a floor plan substantially identical to the attached Layout Plan. IV. DISCUSSION As noted above, the Applicant is requesting a Special Permit to enable the Applicant to operate a recreational facility as more particularly described above. Specifically, Section 4.133 of the Zoning Bylaw lists permitted uses within the Industrial -2 Zoning District,and subparagraph 9 of Section 4.133 states as follows: 11 9. Recreational uses, including swimming club, tennis club, health club, indoor ice skating facility, and indoor/outdoor athletic recreation facility by Special Permit." See Section 4.133(9) of NAZB. Moreover,Sections 10.3 and 10.31 of the Zoning Bylaws authorize the Board of Appeals to grant a Special Permit if all of the following conditions are met: a. The specific site is an appropriate location for such a use, structure or condition; b. The use as developed will not adversely affect the neighborhood; C. There will be no nuisance or serious hazard to vehicles or pedestrians; d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; and, e. The use is in harmony with the general purpose and intent of this Bylaw. The Applicant meets all of the conditions for the grant of the Special Permit as provided below. V. BASIS FOR SPECIAL PERMIT Section 10.31 of the Zoning Bylaw provides that the Planning Board shall not approve any such application for a Special Permit unless it finds that in its judgment all the following conditions are met. The following lists the criteria and how these criteria are met. a. The specific site is an appropriate location for such a use,structure or condition. As the property is zoned for recreational use,the site is an appropriate location for the proposed Project. The proposed use complements the existing uses and is consistent with the Owner's master plan goals of attracting recreational facilities such as the proposed use to the Osgood Landing complex. We also note that as part of the Town's efforts to redevelop the Route 125 corridor, it is significant that a new recreational use will be sited in this particular area as an additional destination attraction to the area. Moreover,the Applicant will incorporate a maintenance plan to ensure the operation is continuously maintained in a safe and sanitary condition. b. The use as developed will not adversely affect the neighborhood character. The Project will be located within an appropriate building set back from neighboring properties,with easy access to ample parking to be located within existing parking areas located to the south of Building 30. Of utmost importance to the Applicant will be the implementation of a safety and security plan to be developed in conjunction with the Owner, and if necessary,the North Andover Police Department to ensure that users of the facility will continue to enjoy a safe and clean premises for users of all ages both within the Leased Premises and adjoining parking areas. As noted above,the proposed Project will fill an important service and community recreational need for the Route 125 corridor as it will serve to provide a recreational opportunity as part of the overall redevelopment of Osgood Landing, as well as for the North Andover area. From an economic 1 standpoint,the Project will serve as a new source of tax revenue P to the Town with potential new employment opportunities for the area. Specifically, the Applicant projects to hire a total of 30 new employees on a full-and part-time basis to staff'the facility, most of whom will be local youths. The Project will also return a currently vacant, unused portion of the Osgood Landing site back to productive economic use. C. There will be no nuisance or serious hazard to vehicles or pedestrians. Access to the facility will be via the south entrance of Osgood Landing off Route 125 directly to the south entrance parking area next to Building 30. From the south entrance parking area, users of the facility will enter the facility through the South Entrance of Building 30 to reach the Leased Premises. A safety plan will be coordinated with the Owner's building security to ensure safe access for vehicles and pedestrians both within the facility,the parking areas and other surrounding areas. d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project is adequately and appropriately serviced by municipal water, sewer and other utilities that adequately address the needs of the Project. The Leased Premises will be fully sprinklered to prevent fire hazards. e. The use is in harmony with the general purpose and intent of this Zoning Bylaw. In addition to the reasons described herein and as shown on the attached plans and other information submitted as part of the Special Permit Application process, the proposed use is in harmony with the general purpose and intent of this Zoning Bylaw for the following reasons. First, the location of the proposed Project is ideally suited as an additional recreational service function to the future redevelopment of Osgood Landing, as well as to Town residents. Second, the Project will return a currently vacant and unused property back into productive use, and will provide an important source of new tax revenue to the Town. Third, based upon the Applicant's experience with successfully operating similar facilities, the off-street parking provided is adequate to serve the uses of the property in a safe and effective manner. In fact, there are approximately 6,400 parking spaces at Osgood Landing so that adequate parking to serve the facility is established. Lastly, the project, as shown on the plans and described in other accompanying information complies with the Zoning By-Law. For these reasons, all of the proposed improvements and enhancements noted herein are in harmony with the general purposes and intent of Section 1 ("Purposes') of the North Andover Zoning Bylaw. VI. REQUEST FOR APPROVAL For the above reasons,Hughes Entertainment, Inc. respectfully requests that the Zoning Board of Appeals make the required findings and conditions described under Sections 4.133(9) and 10.31 of the North Andover Zoning Bylaw, and grant the Applicant's request for a Recreational Use Special Permit. Respectfully submitted, Hughes Entertainment, Inc. By its attorney, PJ T. Smolak, Esq. OLAK&VAUGHAN LLP 820 Turnpike Street,Suite 203 North Andover, Massachusetts 01845 Tel. (978) 327-5217 A A ,� BK 8213 PS 272 l.Vtiii\1 1 L'1.,IIl�V�.iVL�7 iL'Ly ly ��ilRry a�(� unda the taws of DalaweE+e,of WWW ft Nm law ffksnft"7 Eight and Nof100 Dolmas($13,865,168.00)aad o hw load ad vabssbio aadratiW the rem*and suffictemy w>aeof an bait sped,buiaby grants,wilt QU MA M CDVBNAW&to 1600 OWW Sked LLC,a Mmoclaneft bwded bability company(" '), having its uaual piece db==do Ony ft%mtM hr-at 3 Dwim Pmir,Atr6m,MauachusM 01810 the land and the*wmemb#=w lactated is No*Aadovaa,Manwhaseft aoamcnly bwm as 1600 Osgood Street,man peat miwty dem &md an Sobe&&A ao gW b mft and nsade a p d hereof (fir`Trqmv)• M The within conveyance b not a tirudw of ail or guy all of to saft of d a Grantor laoatbd jg� COnMMwealth of Milowiruseft. BAR � Subject to and with tits bone*of ea=m n*ial;;itlgs,uskicdow adpis of aecaed,m the a now m fam and moble. xQ [ ► pI ~,r rpt o ... cn N W *+ 'a' CA Ca Cs Oi W 4 � I DBtrE%MMINU&BRA" FROFLMIONAL ASSOCIATION 300 ERIC KSTOMI+sQUAM p ft, ppm BOX asabavER.WMACIJUSMU01410 fb BK 8213 PIG 273 uv w aid+ ms jobGdp'°a,'��"u ofAup',2003. LucwrTBCM40LOMtNc xa ^ Q. •wk T ', STATE OF NEW MMY ) COLNTY OF A20LO—+h.... " ,p ed#�a,� MMai V � Yoe Prete be I,uceat T�1W.,s Dene oaPor�os►►miackoc�wiedged� W bisfher floe�t sn�!-daec��Aea! Y�ce Presi3eK amd do am aa mud dmad OfMA oocporaim before m this j_dsy aAnp moi• • - NoWyPoW r Aft'NOWY Lhw MbdlmbW 'I 1 . f f Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." SUAfeCt Property: MAP PARCEL Name Address 34 17 Ozzy Properties,Inc 3 Dundee Park Andover,MA 01810 Abutters Properties Map Parcel Name Address 34 1 Tyler Munroe 100 Foster Street North Andover,MA 01845 34 2 Tyler Munroe 100 Foster Street North Andover,MA 01845 34 3 CWA Local 1365 Realty Trust 1627 Osgood Street North Andover,MA 01845 34 4 SPEC Realty Trust 35 Webster Street#302 East Boston,MA 02128 34 7 1503 Osgood Street,LLC 2 Bridgewater Circle Tyngsboro,MA 01879 34 9 Kristen&Lindsay Realty,LLC 770 Boxford Street North Andover,MA 01845 34 10 George Barker 1267 Osgood Street North Andover,MA 01845 34 15 1600 Osgood Street,LLC 3 Dundee Park Andover,MA 01810 34 16 MVFCU 1600 Osgood Street North Andover,MA 01845 34 18 Commwealth of Massachusetts Dept of Enviromental Management 100 Cambridge Street Boston,MA 02202 34 20 Technical Training Foundation 1665 Great Pond Rd North Andover,MA 01845 34 21 Commwealth of Massachusetts Dept of Enviromental Management 100 Cambridge Street Boston,MA 02202 34 25 Kristen&Lindsay Realty,LLC 770 Boxford Street North Andover,MA 01845 34 28 Hang'n Tree Realty Trust 2110 White Lane Haslet,TX 76052 34 31 SPEC Realty Trust 35 Webster Street#302 East Boston,MA 02128 34 41 Microwave Engineering Corp 1551 Osgood Street North Andover,MA 01845 34 42 Microwave Engineering Corp 1551 Osgood Street North Andover,MA 01845 34 44 -Mason-Dixon Realty Trust 1615 Osgood Street North Andover,MA 01845 34 50 Albacado Limited 45 Beechwood Drive North Andover,MA 01845 34 52 George Barker 1267 Osogg Street North Andover,MA 01845 61 16 G M Z Realty Trust 1679 Osgood Street North Andover,MA 01845 61 66 Stor-U-Self of Andover Limited 55 Cambridge Street Burlington,MA 01803 78 2 North Andover 2004,LLC 86 Maple Avenue Morristown,NJ 07960 Date 7/26/2006 Page 1 of 1 This certifies that the names appearing on the records of the Assessbm Office as of Certified —Date7 ,,,,,__ EXHIBIT B BUILDING PLAN f -so 1 � Mfrw CID �F M r' a CD CP CD 0 ❑ CDi r �rL liry MM.�...FF .was%" el ! +�` �5 ■ss■�s��s■ �a ssr�ssc4a s Ci■c N' Illlililtl iilllillllll111i EXHIBIT C SECOND FLOOR PLAN 47H J l N P R T V X Z 8 Architect: 45 IMEIPl l 43 A R C H I T E C T U R E eP Baminpixm PaiaYlpr ep,ayi,,4q 021A/116 TekpMIa:817.783.03W FaaMm6x 617.783.1431 ' . www.68wdillaepw.own btlb),4,a¢by,yva,mm 40- 39 L.L 38 A C G 37 vt71 Y AA 1 3635 35 33 33 31 r7ln 4t 31 29 29Rev.: 061e: 27 Remerke: '- - 27 —_ — — rl 25 25 23 A '— — r� 23 — 21 21 — 19 I — 17 Far I 15 1 Dae: NOVEMMR17,2M 13 (� 13 soma: V-W Pmlm Numbat: 1246 u Dram by: +` 9 9 1600 oscoo0 7 C' 1 7 STREET n — — 12 ANDOVER, MA -� 5 1 — 11 s F -- 10 3 — 9 1 y — 8 FT-1 'I � T 1 7 SECOND FLOOR 6 5 + tiaB4 2 • 2 1 1 AIN A C E A C E G I K M D 0 S u G I K P 0 R S T U V W X EXHIBIT D LEASED PREMISES PLAN ELEY LAV 263.12 502.62 nam 1 _ LA8 453. NEW DO I-HR FIRJRAT GWS SEPARALNEW I- R EB-k BB PER MASECTION 3900.3(3) TYPICAPERIMETER OF GY5 1— NEW E IT STAIR 13 FRO EZZANINE ' rAioPL PP T - ❑ i NEW ENTRANCE AND NEW STAIR NEW HALLWAY LOBBY/ATRIUM BATHROOMS EXIT 16,204 NSF LASERCRAZE I i 1-HR FIRE RATED GWB SEPARATION WALL I PER MASS CODE SECTION 3400.313) TYPICAL AROUND PERIMETER OF GYM 2 SIDES (7 5 EXIT EXIT J R"" 13.4 9 91 = 7a Olaf ssz`a, CREATE NEW HALLWAY 4ar^ CAFETERIA SEATING FOOD SERVICE s oGe 0 39 A/V o SERVICE \._ EXIT Q 828.11 e "�® � A B D E Lj IANDIT\ G (.�(=dsLS111�1�1115G;1C�L�- - 1V 2©© NS GSD Associates, LLC 148 Main Street,Building A,North Andover MA 0184:; / Tel:978 688 5422 Fax:978 688 5717 Web:www.gsd-assoc.corrp LM 30 2ND FLRp ,SaE ENTRYAREA 1 0 o05e06 Computer Aided Design •Architecture • Planning • Interiors • Development Consulting •r,. g, •�° Ip.83 LAY 1aa1 N°aK in@` LAV LAV 42 1x3.16 236.31 izll 161.91 1Gt,e3 6qp iRi s n _ 153'-6' 4 s"m V -•i �•o �' D STORAGE CCOOFHAfCE WOOD LANDING h (S AAEWSS$ C�NEARE, ) W/T 1AX PoSERS/ED A 11 MIN.TREADS MOTH. FAILING: 34'HIGH 8 O LANDING 42'HICN SOFT PLAY (MULTI-POURPOSE AREA D � S LASER TAG ARENA BJ%IV IF.3 ANDY o aNc uA4m tow. CTRICAL PANEL EXISTING NOTE: INSTALL ONE LAYER OF FIRE RATED GWB ON ALL p EXISTING COLUMNS TO UNDERSIDE AL 5 Y J�ONn%URS RATER SEALER 8 C 8 C 36'MGM 3 COUNTER AREA d'• NOTE:�J INSTALLONE AL OF FIRE RAATEDEDGWB ONNALL 18'-il' 7-8' IS'-8' EXISTING TELEPHONE 7' + EXT57WG C0.WN TS UIIOERSDE PANEL BOARD 2• SERNCE uNTSW�fM RATED SEAIIIRB 34'WON 38'HRaI GLAZED OPENING COUNTER COLaRER � AREA AREA All L S-QXr ' it �'HnGH �t� MAIN COUNTER B All—IS �T'.>�. w•u�� 14 ` AREA AREA e EP Am•RwEA Al Al t 4 ¢ /d AI A T o Aawc .C•� VESTING ROOM I t -4 GLAZED A3 { C�-116 SERM OPENING A • . tT I �A�INny 4 COUNTER Q 6 L Al — _q a S u VIDEO GAMES AREA 2e. -GLAZEDTECH. G wALL„MOUNTED ROOM W ONEWAY U�0 AF.F.N M i OFFICE n 4 ' BRIEFING ROOM A FINISHES `— ARENA SERVICE_ _ FLOOR-tEXNRfD PAINT SEALER-COLOR BUCK FLOORWALLS-FRP^PIANELST-COLOR WHITE COLOR BY TENANT WALLS-LATEX PAINT -COLOR BLACK CEILING-WASHABLE ACT TILES t0'-T�' 21'-4b' 6'-2j' CEILING-EXISTING-LATEX PANT -COLOR BLACK EXISTING BOARD HONE 10' 4' 11'-B" MEsTWO ILOORFOOD R-12'XI2'VCT-COLOR SELECTED BY TENANT FLOOR PLAN FLOOR-CARPET(BY OWNER) WALLS-FRP PANES-COLOR WHITEWALLS-LATEX PAINT -COLOR BLACK CEILING-WASHABLE ACT TILES AT CEILING-EXISTING-LATEX PANT -COLOR BLACK PARENTS vaimi SCALE:1/8'-V-O' BRIEFWB FLOOR-VCT TILES-COLOR SELECTED BY TENANT FLOOR-CARPET(BY OWNER) WALLS-LATEX PANT-COLOR SELECTED 81 TENANT WALLS-LATEX PANT -COLOR BLACK CEILING-ACT TILES COUNG-EXISTING-LATEX PANT -COLOR BLACK TOILET ROOMS VICEO CAMELS FLOOR- OUARRY TLE-COLOR SELECTED BY TENANT EQUIPMENT LEGEND: WALLS-EPDXY PAINT-COLOR SELECTED BY TENANT 1. SODA SET-UP BOOR-CARPET(BY OWNER) PLUMBING WALL TO BE 4 1/4"X4 1/4•CERAMIC TILES WHITE 2. SODA SET-UP WALLS-LATEX PAINT -COLOR SELECTED BY TENANT CEILING-ACT TILES 1 SODA SET-UP CEILING- EXISTING-LATEX PAINT -COLOR SELECTED 4. ICE MACHINE BY TENANT TECH ROOM S. FREEZER FLOOR-CARPET(BY OWNER) 6. RUM CERA TOR MULTI-POURPOSE AREA WALLS-LATEX PANT-COLOR SELECTED BY TENANT 7. PEPS MACHINE SUNG-EXISTING-ACT TILES PANTED AS SELECTED 9. CASH POPCOREG TER INE FLOOR-VCT TILES-COLOR SELECTED BY TENANT BY DINNER t0. HOT DOG WARMER WALLS-LATEX PAINT -COLOR SELECTED BY TENANT 11. DOUGH PRESS Fo CEILING-GRID AS SHOWN ON RCP W/OUR TILES REGISTRATION COUNTER �� PREP WTD/COOLER •� BOOR-CARPET(BY OWNER) t4. PIZZA ZZA OVEN ER WALLS-LATEX PANT-COLOR SELECTED BY TENANT OFFICE CEILING-ACT TILES 16 . HEAT LAMP VEN FLOOR-CARPET(BY OWNER) 17. NACHO CHEESE WARMER WALLS-LATEX PAINT-COLOR AS SELECTED BY OWNER WOlfe 19. Coqq,,ERCASM REGISTER CEILING-GRID AS SHOWN ON RCP ALL COLOR FINISHES NOT DIRECTLY SPECIFIED SHALL — 20. PRETZEL WARMER BE REVIEWED BY THE TENANT 21. NACHO CHEESE WARMER ALL PANTED SURFACES SHALL INCLUDE 1 COAT OF T A B LE SECTION PRIMER AND 2 FINISH COATS PRONOE AND INSTALL VINYL BASE AT PERIMETER OF ALL WALLS.RENEW COLORS MiTH TENANT PROIR TO Ai INSTALLATION OF BASE SCAIF:NiS. not _wLT N U N E•8 YRABUCCO ARCHITECT FLOORNTA•Y PROTOTYPE LASER CRAZE atm 0.*M off" N.d4NA Mpq•d•wm d2to PLAN 00/00/00 >' ry wn+s wL•w•Po• rTa w4NN u•,e; AS NOTED RwKtTAP DooD EXHIBIT F BUILDING INSPECTOR'S DENIAL �ar+r� o ..... "�� Zoning Bylaw Review Form n Town Of North Andover Building Department 1600 Osgood Street, Building 20,Suite 2-32 North Andover, MA.01845 Phone 978-688-9545 Fax 978-688-9542 Street: 1600 Osgood Street,Building 30 Ma /Lot: 34/17 Applicant: Hu hes Entertainment,Inc.d/b/a Lasercraze Request: Tenant fit-up Date: 10/10/06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: 1-2 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Com plies X 3 Lot Area Complies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information 13 Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 Special Permit Required X 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 173 Insufficient Left Side Insucient 3 Preexisting Height X 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient i Building Coverage 6 Preexistingsetback(s) 1 Coverage exceeds maximum Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 insufficient information 2 In Watershed J Sign 3 Lot prior to 10124/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information X E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 ParkingCom lies 3 1 Insufficient Information X Remedy for the above is checked below. Item# Special Permits Planning Board Rem Zoning Board Variance and/or # Special Permit B-4 Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit B-4 Special Permit Use Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Other Watershed Special Permit Supply Additional information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled'Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the abov,ftie-,You must file a new btfilding permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Review Reasons for Denial&Bylaw Reference Fon n Item . Reference B-4 A Special Permit from the Zoning Board of Appeals is required from 4.133.9 of the Zoning Bylaw in order to allow an indoor/outdoor recreation facility. "9. Recreational uses,including swimming club,tennis club,health club, indoor ice skating facility,and indoor/outdoor athletic recreation facility by Special Permit." B-4 A Special Permit from the Zoning Board of Appeals is required from the General Bylaws,Chapter 70 in order to license more than 4 automatic amusement devices. "The maximum number of automatic amusement devices allowed on any single business premises shall be four(4)except in the case of duly licensed arcades and amusement parks.Any individual or business desiring more than four(4)automatic amusement devices on a single business premise shall require a special permit from the Board of Appeals.All licenses for automatic amusement devices granted by the Board of Selectmen shall be subject to inspection by the North Andover Police Department to insure conformance with this amusement device bylaw and the submitted application information.Any unlicensed automatic amusement device shall be subject to immediate seizure by the North Andover Police Department." J-3 A Variance and/or Special Permit from the Zoning Board of Appeals may be r uired under Section 6.6.G of the Zoning Bylaw for Lasercraze tenant signs. Referred To: Fire Health Police X Zoning Board Conservation -Department of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenial2000 8213 PG 273 Ik% wbw"c&sw&a ft hu COW&W I Ott be 4Qkw%ioftW scud delivered in ids mme aad beisif by V 4 hs Rat mft v=pm"m� & &y of AVj#,2003. LUCMff TBM*XOM INC, ' Name: o. ; T fV� ,, ,Vlm'! c . STATE OF NEW JERSEY ) CO[3NTY OF n'o } ThM Ply RVO eed#ha above nsased Yams %Rat E de V=PMddent of Lucas Teclmolosm hIL,s D*w=WMW*4 aad tieMMUMalt to be his/her free ad and coed as Real F.w"Vma P=WjcK asd dw A"act m d dead of said ompoafix before me aba j_,day of Ani 2003. Not"1pulft IWd. ka [Affix Notary Seat) My Maw WrgrhlloetJOIN �M�at•�Mper�diMksp } BK 8213 PG 274 S CMUMX A Those two(2)certain tracks or pWds oflad ai8"int the coma awedffi of County of Essex and Town of North Andow Od 10e+abd on the way sa&c fOWod Street being=n Particularly bounded and desatW as f0SM: LOU A.%C DAFF,H,KAP,V,Xa pla wPlwofLmndinl9S3 hdwwW IJistriet,North AndoverftwOng Phan, Rewrds for Wanton Mectric Co,Inc., Doods as Plea No.2740dated June 1953 ��ry offDeods by Ralph D.Bim,C.B.MClw bd wAh d e-Esm North Diatict Me lmn and mteadmg tQ oonvo9 GWPMUM eyed m Qaaatotr by Dead of AUT Cap dd ed damaary 31,19%and re©MW in ettid Rqiaf<y of Deeds at Book 4452,p*r 178. Patctl l'wo A cwtm tinct or p fftd of lead aib*e io to CaummSwOM OfMMOChwoftC ,of Esq and Town of I+"Anlow and located on dw why aide aft fted beim mare ply boamded and d=ribed as follows: Bung at a stave Mournad is dawadedy f line of0vow Shm said stone rtaotwm entmxrlm the ocrttax of lmd now at f mnetiy estata E6*jo Co and fhe=eonemu of tete Steet as P=1; S l4°36'40"W 384.1$feet by azul tzly bye of tlsgood by Com wn qeg&of 4wa�,190 A endo%to a ohneUmingt acrd rig wjbdystM feet by line of'04aod Wad by a avrve of$00.04 fact radius 72.89 to a stere m dw u*nosy of die mr&*Hnc of Holt Road as laid ad by the EN=Comly COMMimiat m in 19x60; and fly and wily by said m rd dly line of S*Rood and by a curve of 15 feet Wins 21.54 tat to a am =nwmt UM Sb and N 84°442r W 2f A feet tD a ataae�S 8d°0T 30" S 85°13'30"W 314,W feet to a done maoUMM%9 84°50'V W 211.60 fcet to a stone mar"Ont;S 75°So'S0''w 95.21 fxt to a ataac e 24894 feet to a wane and land now or 373 la s w �b � fly OD dt(1 R�eallia�e Trtuat;��eirc feet by said�of D 8t t3bzc QfR04 =d N 04°13'S4"W 37$55 Tag to a canna at land naw er fa:m4dy of western Ele'tcic Co,;ftw"'zbg ad 8 N gl°37'2V E 14$2 feet by dead land of Western M wcttic Co. to a stone monumat m the weatly Sia OifOqPod SUMInd point ofbeom4 Subject too a Taking by rise Emu Cowmy CommkIAMem foc 60 rtdOcem OfHelt Road dated March 17, 1%4 and rwor"itn ted� Deed'$at Boric 103 No.4961. 320,and as slyown on Plan Madd 1°nd mo Conveyed to by Dyad of AT&T Corp dried �' 7r of Dw&aMk I24MI.3