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HomeMy WebLinkAboutMiscellaneous - 0 TURNPIKE STREET (2) OFpt..� ORTh , jj D l;,t oaf 32 Town of North Andover ° t - Office of the Planning Department '� ,>• Community Development and Services Div1RWY 23 PH 3. 42 �9S too.? 1600 Osgood Street SACHUS North Andover, Massachusetts 01845 MAs S. NOTICE OF DECISION Site Plan Review Special Permit Modification Date of Decision: May 22,2008 Application of: Key Lime,Inc. 10 Hepatica Drive North Andover, MA 01845 Premises Affected: Old Salem Village, Salem Turnpike, Route 114 within the Village Residential District,Assessors Map 107B,Parcels 16 &73. In September 2005,the Planning Board unanimously voted to grant the applicant,Key Lime,Inc., 10 Hepatica Drive,North Andover,MA 01845,a Site Plan Review Special Permit for the construction of Old Salem Village, which consisted of 37 total single-and multi-family dwelling unit(condominiums) residential project,the construction of sewer and water extensions,and grading and landscaping improvements. The project is located within the Village Residential(VR)Zoning District on Map 107B, Parcels 16& 73 with frontage on Salem Turnpike(Route 114). On or about April 10, 2008,the applicant filed an Application for Modification to the Site Plan Review Special Permit with the Planning Board pursuant to Section 8.3 of the Town of North Andover Zoning Bylaw. The proposed modifications include changing Units 13 & 14,21 &22,29&30, and 31 &32 from the approved duplex style residential units to detached single-family town house units,to construct an additional wall, and minor grading and landscaping improvements and further described in the Plans referenced below and renaming the residential project to"Mayflower Drive". After a public hearing given on May 20,2008,the Planning Board voted unanimously to Approve the Modifications to the Site Plan Review Special Permit for the premises affected. The following information shall be deemed part of this decision: Plan titled: Layout Plan in No.Andover,MASS Prepared for: Key Lime,Inc. 10 Hepatica Drive North Andover,Massachusetts 01845 Prepared by: Hayes Engineering,Inc. 603 Salem Street Wakefield,MA 01880 Old Salem Village/Mayflower Drive Map 107B,Parcels 16&73 Site Plan Review Special Permit—Modification May 20,2008 Scale: 1"=40 and 1" 20' Date: April 16,2008 Sheets: 5 o /f f North Andover Ianning Board John Simons, Chairman Richard Nardella Richard Rowen Jennifer Kusek Tim Seibert, Alternate >Mm) 011 . C+3 L I i 2 Town of North Andover Office of the Planning Department * °t Community Development and Services DivIA �: ''q`°°�T��•°" <y 1600 Osgood Street SSACHuse ree ' North Andover, Massachusetts 01845 { NOTICE OF DECISION Site Plan Review Special Permit- Modification Date of Decision: May 22,2008 Application of: Key Lime, Inc. 10 Hepatica Drive North Andover, MA 01845 Premises Affected: Old Salem Village, Salem Turnpike, Route 114 within the Village Residential District, Assessors Map 10713, Parcels 16& 73. In September 2005, the Planning Board unanimously voted to grant the applicant, Key Lime, Inc., 10 Hepatica Drive,North Andover, MA 01845,a Site Plan Review Special Permit for the construction of Old Salem Village, which consisted of 37 total single-and multi-family dwelling unit(condominiums) residential project,the construction of sewer and water extensions,and grading and landscaping improvements. The project is located within the Village Residential(VR)Zoning District on Map 107B, Parcels 16 & 73 with frontage on Salem Turnpike(Route 114). On or about April 10,2008,the applicant filed an Application for a Modification to the Site Plan Review Special Permit with the Planning Board pursuant to Section 8.3 of the Town of North Andover Zoning Bylaw. The proposed modifications include changing Units 13 & 14,21 &22, 29&30,and 31 &32 from the approved duplex style residential units to detached single-family town house units,to construct an additional wall, and minor grading and landscaping improvements and further described in the Plans referenced below and renaming the residential project to"Mayflower Drive". After a public hearing given on May 20,2008,the Planning Board voted unanimously to Approve the Modifications to the Site Plan Review Special Permit for the premises affected. The following information shall be deemed part of this decision: Plan titled: Layout Plan in No. Andover,MASS Prepared for: Key Lime,Inc. 10 Hepatica Drive North Andover,Massachusetts 01845 This is to certify that twenty(20)days Prepared by: Hayes Engineering, Inc. have elapsed from date of decision,filed without filing of an appeal. 603 Salem Street Date k����� Wakefield,MA 01880 Joyce A.Bradshaw Town Clerk I� ON Salem Village/Mayflower Drive Map 1076, Parcels 16& 73 Site Plan Review Special Permit—Modification May 20,2008 Scale: 1"=40 and 1"=20' Date: April 16,2008 Sheets: 5 North Andover lanning Board John Simons, Chairman Richard Nardella Richard Rowen Jennifer Kusek Tim Seibert, Alternate U) it 2 RECEIVE JOYCE BRAD HAW COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT ESSEX, ss. MISC. CASE NO Z'v'�-'lug BENJAMIN G. FARNUM, ) Plaintiff ) V. ) ELLEN MCINTYRE, JOSEPH D. LAGRASSE,RICHARD J. BYERS, ) ALBERT P. MANZI, III,AND THOMAS D. IPPOLITO, AS THEY ) CONSTITUTE THE NORTH ANDOVER BOARD OF APPEALS, ) KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, ) Defendants. ) NOTICE OF APPEAL (PETITION 2005-017) Pursuant to the provisions of G. L. c. 40A, §15, Benjamin G. Famum hereby gives this Notice of Appeal of North Andover Board of Appeals Decision(Petition 2005- 017). As grounds therefore, Farnum states that the Board of Appeals exceeded its authority in granting the relief requested by the Applicant Key Lime, Inc. and that the Decision is unreasonable, arbitrary and capricious. Respectfully submitted, Benjamin G. Farr;-\ By his attorney, Fran is z , E._ ire BBO Murtha Cullina LLP 600 Unicorn Park Drive Woburn,MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 Nov 03 05 09: 36a !NORTH ANDOVER 9786889542 p. 3 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPARTMENT MISC. CASE NO. 312326 BENJAMIN G. FARNUM, Plaintiff V. ELLEN MCINTYRE,JOSEPH D. STIPULATION OF DISMISSAL LAGRA.SSE, RICHARD J. BYERS, WITH PREJUDICE ALBERT P. MAINZI, III, DAVID R. WEBSTER and THOMAS D. IPPOLITO, as they constitute the NORTH ANDOVER BOARD OF APPEALS, KEY LIME, Inc. and the TOWN OF NORTH ANDOVER, Defendants Pursuant to the provisions of Mass. R. Civ. P. 41(a)(1)(ii), the parties hereby stipulate that the within action be dismissed, with prejudice and without costs. All rights of appeal and claims for costs or attorneys' fem,zi e hereby waived. BENJ. VIIN G. KEY LIME INC. -��A�RNUM� , By his�meys, '� By its attorneys, his A. BB 6 ) Howard P. S e' er(BBO #474380) Murt Davis,Malm &D'Agostine, P.C. 600 U orn Park Drive One Boston Place Woburn, MA 01801 Boston, MA 02108 (781) 933-5505 (617) 367-2500 i� Nov 03 05 09: 3Ea NORTH ANDOVER 9786889542 p. 2 Dl'GOSTINT PC ATTORNEYS AT LAW Howard P. Speicher C.Michae i Maim William F.Gdii4 Jr. October 26, ZOOS John G.Serino Gary S.Matsko Deborah J. Patterson,Recorder John T.Lynch Land Court Department Carol R.Cohen 226 Causeway Street Howard R Speicher Boston, MA 02114 Pau!L Feldman Gary k Feldman Re: Farnurn v. North Andover Planning Board urge A.Hewerr Land Court Case No. 05•MISC-312326 Laurence M.Johnson Kenneth).Mickiewicz Dear Ms. Patterson:: Thomas S.Fitzpatrick J.Gavin Cockfield DavEnclosed for filing in the above-referenced matter please find a Stipulation of id torus rlr Dismissal with Prejudice. Andrew D.Myers Very truly yours, Robert J.Galvin John D.Chambliss Thomas Frisardi Marfotie Suisman Howard P. Speicher Samuel B.Mrukowirz Charles H.DeBevoise Kenneth R.Appleby Enclosure Robetr J.Diettrich Amy L Fracassini cc: Bensan]in C. OsgoodSr. (w/enc.) Ann M.Sobolewsla Thomas J. Urbelis, Esq. (w/enc.) Alice A.Kokodis Francis A. DiLuna,Esq. (w/enc.) Kathryn C.Soderberg 385239v.1 Joshua S.Grossman Neal J:Bingham David M.Cogliano Seth A.Schwartz Lori A.Jodoin Sophie C.Mighaz:o Harold R.Davis, of Counsel Julian].D'Agostine f of Counsel direct 617-589-3829 directfax 617-305-3129 OKE B9f$( �;+ is m.ts°I88 617.367.2500 . fax 617.523`6215 Nov 03 05 09: 36a NORTH ANDOVER 9786889542 p. 4 NORTH ANDOVER BOARD OF APPEALS, THE TOWN OF NORTH ANDOVER, By thier attorneys, �)/ Thomas 7. Ur is (BBO #5065 0) Fieldsteel & Urbelis 155 Federal Street Boston, MA 02109 (617) 338-2200 Dated: October 2i�, 2005 I 2 37801Gv.1 .,.K Of NORTyr,ti Town of North Andover Town Clerk Tame Stamp �r Community Development and Services Divi r ECEIVED � P Office of the Zoning Board of Appeals" r , CM�1U .y 400 Osgood Street 9SSA `�F't North Andover,Massachusetts 01845 D.Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Property at: Turnpike Street,Map 107B,Parcels 16&73 NAME: Key Lime,Inc.,60 Beechwood Drive, HEARING(S): July 12,2005 North Andover,MA ADDRESS: for premises at:Turnpike Street, PETITION: 2005-017 Map 10711,Parcels 16&73 North Andover,MA 01845 TYPING DATE: July 15,1005 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,July 12,2005 at 7:30 PM upon the application of Key Lime,Inc.,60 Beechwood Drive,North Andover,MA for premises at:Turnpike Street, Map 1078,Parcels 16&73,North Andover requesting a dimensional Variance from Section 8,Paragraph 8.5.6.0(distance between structures),Table 2,Footnote I (setback from Route 114),and Table 2(one unit per acre)for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings. Said premises affected are properties with frontage on the Northeast side of Turnpike Street within the VR zoning district. Legal notices were published in the Eagle-Tribune on June 27 &July 5,2005 and all abutters were notified by mail. The following members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D.Ippolito. The following non-voting member was present: Richard M.Vaillancourt. Upon a motion by Joseph D.LaGrasse,amended by Albert P.Manzi,III,and 2nd by Richard J.Byers the Board voted to GRANT a dimensional Variance from Section 8,Paragraph 8.5.6.0(50'distance between structures)for 30' of relief;Table 2,Footnote 1 (100'setback from Route 114)for 40'of relief and Table 2 (one unit per acre)2 units per acre of relief for the 37 units from the requirements of the Zoning Bylaw per Plan for Board of Appeals,Old Salem Village,North Andover,Mass.,Applicant,Key-Lime,Inc.,60 Beechwood Drive,North Andover,MA.01845 Date:June 15,2005[by]Peter J.Ogren,P L S#33604,June 22,2005,Hayes Engineering,Inc.,603 Salem Street,Wakefield,Mass.01880,Sheets 1-3. With the following condition: 1. The applicant shall provide landscape barriers,such as spruce trees,to compensate for the decreased distances between units and the decreased distance between units and Route 114. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and Thomas D.Ippolito. The Board finds that the revised plan for Old Salem Village has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw in that the granting of these Variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw because the revised plan for 37 units will create less residential density along Route 114(Turnpike Street)than the original plan for 56 units that did conform to the Village Residential(VR)District requirements. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North AndoverR ED Office of the Zoning Board of Appeals Community Development and Services Division : 400 Osgood Street North Andover,Massachusetts 01845 'sswcISEt :Robert Nfcetta'{ Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 Note: 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 Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,Chair Decision 2005-017. M107BP16&73. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Town Clerk Time stamp Community Development and Services Divi .s � -89ADSHAau n Office of the Zoning Board of Appeals TO C1 ERK 400 Osgood Street North Andover,Massachusetts 01845 Telephone 97 �+ s � r• f` i D. Robert Nicetta p ( 8)688-9541 Building Commissioner Fax (978)688-9542 This is to certify that twenty(20)days have*lapsed from date of dedslon,filed without filing of an peal. Date. QOS . Any appeal shall be filed within Notice of Decision Joyce A,Bradshaw (20)days after the date of filing Year 2005 '%010 of this notice in the office of the Town Clerk,per Mass.Gen.L.cin. 40A,§17 Pro at: Turnpike Street,Map 107B,Parcels 16&73 NAME: Key Lime,Inc.,60 Beechwood Drive, HEARING(S): July 12,2005 North Andover,MA ADDRESS: for premises at:Turnpike Street, PETITION: 2005-017 Map 107B,Parcels 16&73 North Andover,MA 01845 TYPING DATE: July 15,2005 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,July 12,2005 at 7:30 PM upon the application of Key Lime,Inc.,60 Beechwood Drive,North Andover,MA for premises at:Turnpike Street, Map 1078,Parcels 16&73,North Andover requesting a dimensional Variance from Section 8,Paragraph 8.5.6.0(distance between structures),Table 2,Footnote I(setback from Route 114),and Table 2(ane unit per acre)for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings. Said premises affected are properties with frontage on the Northeast side of Turnpike Street within the VR zoning district. Legal notices were published in the Eagle-Tribune on June 27 &July 5,2005 and all abutters were notified by mail. The following members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D.Ippolito. The following non-voting member was present: Richard M.Vaillancourt. Upon a motion by Joseph D.LaGrasse,amended by Albert P.Manzi,III,and 2'd by Richard J.Byers the Board voted to GRANT a dimensional Variance from Section 8,Paragraph 8.5.6.0(50'distance between structures)for 30'of relief;Table 2,Footnote 1 (100'setback from Route 114)for 40'of relief;and Table 2 (one unit per acre)2 units per acre of relief for the 37 units from the requirements of the Zoning Bylaw per Plan for Board of Appeals,Old Salem Village,North Andover,Mass.,Applicant,Key-Lime,Inc.,60 Beechwood Drive,North Andover,MA.01845 Date:June 15,2005[by]Peter J.Ogren,P L S#33604,June 22,2005,Hayes Engineering,Inc.,603 Salem Street,Wakefield,Mass.01880,Sheets 1-3. With the following condition: 1. The applicant shall provide landscape barriers,such as spruce trees,to compensate for the decreased distances between units and the decreased distance between units and Route 114. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and Thomas D.Ippolito. The Board finds that the revised plan for Old Salem Village has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw in that the granting of these Variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw because the revised plan for 37 units will create less residential density along Route 114(Turnpike Street)than the original plan for 56 units that did conform to the Village Residential(VR)District requirements. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 r Town of North Andover MORTF/ 0f1tuee Office of the Zoning Appeals . � W g Board of Pp T N 'ERK Community Development and Services Division 400 Osgood Street ;� no s hukol <cl Rrccett�< '^: ,.,14 North Andover,Massachusetts 01845 � Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 Note: 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 Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or•construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,Chair Decision 2005-017. M107BP16&73. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Town Clerk Time Stamp Community Development and Services Divi ' Office of the Zoning Board of Appeal TOWN' ,,I EPK CgE` 400 Osgood Street North Andover,Massachusetts 01845 Telephone 978 688-9541 D. Robert Nicetta p ( ) �V J� Building Commissioner Fax (978)688-9542 Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A,§17 Property at: Turnpike Street;Ma 10713,Parcels 16&73 NAME: Key Lime,Inc.,60 Beechwood Drive, REARING(S): July 12,2005 North Andover,MA ADDRESS: for premises at:Turnpike Street, PETITION: 2005-017 Map 1078,Parcels 16&73 North Andover,MA 01845 TYPING DATE: july 15,2005 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,July 12,2005 at 7:30 PM upon the application of Key Lime,Inc.,60 Beechwood Drive,North Andover,MA for premises at:Turnpike Street, Map 107B,Parcels 16&73,North Andover requesting a dimensional Variance from Section 8,Paragraph 8.5.6.0(distance between structures),Table 2,Footnote I(setback from Route 114),and Table 2(one unit per acre)for relief from the requirements of the Zoning Bylaw in oder to construct thirty-seven dwelling units in nineteen buildings. Said premises affected are properties with frontage on the Northeast side of Turnpike Street within the VR zoning district. Legal notices were published in the Eagle-Tribune on June 27 &July 5,2005 and all abutters were notified by mail. The following members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D.Ippolito. The following non-voting member was present: Richard M.Vaillancourt. Upon a motion by Joseph D.LaGrasse,amended by Albert P.Manzi,III,and 20a by Richard J.Byers the Board voted to GRANT a dimensional Variance from Section 8,Paragraph 8.5.6.0(50'distance between structures)for 30'of relief Table 2,Footnote 1 (100'setback from Route 114)for 40'of relief;and Table 2 (one unit per acre)2 units per acre of relief for the 37 units from the requirements of the Zoning Bylaw per Plan for Board of Appeals,Old Salem Village,North Andover,Mass.,Applicant,Key-Lime,Inc.,60 Beechwood Drive,North Andover,MA.01845 Date:June 15,2005[by]Peter J.Ogren,P L S#33604,June 22,2005,Hayes Engineering,Inc.,603 Salem Street,Wakefield,Mass.01880,Sheets 1-3. With the following condition: 1. The applicant shall provide landscape barriers,such as spruce trees,to compensate for the decreased distances between units and the decreased distance between units and Route 114. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and Thomas D. Ippolito. The Board finds that the revised plan for Old Salem Village has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw in that the granting of these Variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw because the revised plan for 37 units will create less residential density along Route 114(Turnpike Street)than the original plan for 56 units that did conform to the Village Residential(VR)District requirements. Pagel of 2 Board of Appeals 978-688-954I Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 ®® ££�}}� Town of North Andover NORTH 4�k&.`CE Y E x:04�;�ao itis�1•CL9 JoYC. RA-DUAW Office of the Zoning Board of Appeals ' N CLERK Community Development and Services Division 4S 400 Osgood Street {� North Andover,Massachusetts 01845 'sswc►wsEc 7 8-9541 issi 8)68 Building Commissioner Telephone (9 Fax (978)688-9542 Note: 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 Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, tl Ellen P.McIntyre,Chair Decision 2005-017. M107BP16&73. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 _'I 1COMMONWEALTH OF MASSACHUSETTS 05 MISC 312326 LAND COURT 211,05 'AUG 15 Vi 11: 08 DEPARTMENT OF THE TRIAL COURT T 0 Vf0 CIVIL ACTION MASS ,C1403?:, TS NO, 05 MISC 312326 Benjamin G . Farnum Plaintiff(s) 0 Ellen McIntyre , Joseph D . LaV grasse , Richard J . Byers , Albert P . Manzi, III and Thomas D . Ippolito , as they constitute the North Andover Board of Appeals , Defendant(s) David R . Webster Key Lime , Inc . acid the Townoof North Andover . SUMMONS :3 -0 a) To the above-named Defendant: Town of North Andover You are hereby summoned and required to serve upon Francis A. DiLuna, Esquire 0 aMurtha Cullina , LLP , , 600 Unicorn Park Drive , Woburn, MA 01801 Plaintiffs attorney, whose address is an answer to the complaint which is herewith served upon you,within 20 days after service of this summons upon you, '2exclusive of the day of service. If you fail to do so,judgment by default will be taken against you for the orelief demanded in the complaint. You are also required to file your answer to the complaint in the office of t he Recorder o f t his c ourt a t 2 26 C auseway S treet, B oston,,M A 0 2114 e ither b efore s ervice u pon plaintiff's attorney or within a reasonable time thereafter. sz 2 0 , V1 V. Unless otherwise provided by Rule 13(a),your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter o of the plaintiff's claim or you will thereafter be barred from making such claim in any other action. > (U (U August 12th Witness, KARYN F. SCHEEER, Chief Justice, at Boston, 0 2005 0 Z < Zg H. wow 0 0 Recorder won Zu NOTES 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. z t -E 2. When more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant. 3.TO PLAINTIFF'S ATTORNEY:PLEASE CIRCLE TYPE OF ACTION INVOLVED (1) EQUITY—(2)OTHER LCS4(01/03 1 PROOF OF SERVICE OF PROCESS I hereby certify and return that on ,20 ,I served a copy of the within summons, together with a copy of the complaint in this action, upon the within-named defendant,in the following manner(See Mass.R.Civ.P.4(d)(1-5): Dated: ,20 N.B. TO PROCESS SERVER. PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN THIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT. , 20 N vii vii C) N + y -4 A M ^ zcn H H ona x � Q a V z w z � w C a v � a a Cd v� 3 'd G J O A ~ U � � ca G U1 •n N f� W UNICORNDRIVE U^ THAvULLINALLP W03URN,MASSACHUSETTS 01801-3343 781 i A T T O R N E Y S A T L A W" I TELEPHONE( )933-5505 FACSIMILE(781)933-1530 J www.murthalaw.com August 12, 2005 CERTIFIED MAIL ARTICLE NO. CERTIFIED MAIL ARTICLE N0, 7004 CERTIFIED MAIL ARTICLE NO. 7004 2510 0006 0331 2976 2510 0006 0331 2983 2510 0006 0331 3041 Ellen P.McIntyre Jospeh D. Lagrasse Richard J.Byers 23 Tanglewood Lane 40 Sugarcan Lane 97 Forest Street North Andover,MA North Andover,MA 01845 North Andover,MA 01845 CERTIFIED MAIL ARTICLE NO. CERTIFIED MAIL ARTICLE NO. 7004 CERTIFIED MAIL ARTICLE NO. 7004 2510 006 0331 3034 2510 0006 0331 3010 7004 2510 0006 0331 3072 Albert P.Manzi, III Thomas D.Ippolito David R. Webster 1028 Salem Street 338 Abbott Street 707 Waverley Road North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 CERTIFIED MAIL ARTICLE NO. CERTIFIED MAIL ARTICLE NO. 7004 CERTIFIED MAIL ARTICLE NO. 7004 2510 0006 0331 4994 2510 0006 0331 3065 2510 0006 0331 3058 Key Lime,Inc. N.Andover Board of Appeals Town Clerk 60 Beechwood Drive 400 Osgood Street Town of North Andover North Andover,MA 01845 North Andover,MA 01845 120 Main Street North Andover,MA 01845 RE: Benjamin Farnum V. Ellen McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, David R. Webster, Thomas D. Ippolito, as they constitute the North Andover Board of Appeals, Key Lime, Inc. and the Town of North Andover Misc. No. 05-Misc 312326 Dear Sir/Madam: Enclosed please find the following relative to the above-captioned matter: 1. Complaint; 2. Summons; and 3. Notice of Appeal. Ve truly yours, Francis A. DiLuna FAD/mjf Enclosures BOSTON HARTFORD NEW HAVEN STAMFORD WOBURN RECEIVED COMMONWEALTH OF MASSACHUSETTS `)OY BRA08 AW C 'ELAND COURT DEPARTMENT C} 5�, .� ' ESSEX, ss. MISC. CASE NO. All' 12 A. Kr" BENJAMIN G. FARNUM, ) Plaintiff ) V. ) ) ELLEN MCINTYRE, JOSEPH D. LAGRASSE, RICHARD J. BYERS, ) ALBERT P. MANZI, III, AND THOMAS D. IPPOLITO, AS THEY ) CONSTITUTE THE NORTH ANDOVER BOARD OF APPEALS, ) KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, ) Defendants. ) NOTICE OF APPEAL (PETITION 2005-017) Pursuant to the provisions of G. L. c. 40A, §15, Benjamin G. Farnum hereby gives this Notice of Appeal of North Andover Board of Appeals Decision (Petition 2005- 017). As grounds therefore, Farnum states that the Board of Appeals exceeded its authority in granting the relief requested by the Applicant Key Lime, Inc. and that the Decision is unreasonable, arbitrary and capricious. Respectfully submitted, r Benjamin G. Farms-, By his attorney, Francis i " ,T.8—ire BBO Murtha Cullina LLP 600 Unicorn Park Drive Woburn, MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 r , J ` np LF- COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT ESSEX, ss. CASE NO. BENJAMIN G. FARNUM, ) Plaintiff ) V. ) ELLEN MCINTYRE, JOSEPH D. LAGRASSE, RICHARD J. BYERS, ) , a ALBERT P. MANZI, III, DAVID R. WEBSTER AND ) THOMAS D. IPPOLITO, AS THEY CONSTITUTE THE ctt gni NORTH ANDOVER BOARD OF APPEALS, C2 C-13 3:70 -- KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, ) Defendants. ) � � co _ r^ COMPLAINT (Amended to include Member David R.Webster) INTRODUCTION Plaintiff Benjamin G. Farnum brings this action pursuant to the provisions of G. L. c. 40A, §3 appealing the decision of the North Andover Board of Appeals granting a dimensional variance to Key Lime, Inc. PARTIES 1. Plaintiff Benjamin G. Farnum (hereinafter referred to as "Farnum") is a natural adult person having a principal place of residence at 397 Farnum Street, North Andover,Essex County, Massachusetts. 311240v1 1 ' r i 2. Defendant Ellen McIntyre ("McIntyre") is an adult natural person having a principal place of residence at 23 Tanglewood Lane, North Andover, Massachusetts. Defendant McIntyre is a duly appointed member of the North Andover Board of Appeals. 3. Defendant Joseph D. LaGrasse, ("LaGrasse") is an adult natural person having a principal place of residence at 40 Sugarcane Lane, North Andover, Essex County, Massachusetts. Defendant LaGrasse is a duly appointed member of the North Andover Board of Appeals. 4. Defendant Richard J. Byers ("Byers") is an adult natural person having a principal place of residence at 97 Forest Street,North Andover, Essex County, Massachusetts Defendant Byers is a duly appointed member of the North Andover Board of Appeals. 5. Defendant Albert P. Manzi, III ("Manzi") is an adult natural person having a principal place of residence at 1028 Salem Street, North Andover, Essex County, Massachusetts. Defendant Manzi is a duly appointed member of the North Andover Board of Appeals. 6. Defendant David R. Webster ("Webster") is an adult natural person having a principal place of residence at 338 Abbott Street, North Andover, Essex County, Massachusetts. Defendant Webster is a duly appointed member of the North Andover Board of Appeals. 7. Defendant Thomas D. Ippolito ("Ippolito") is an adult natural person having a principal place of residence at 338 Abbott Street, North Andover, Essex County, Massachusetts. Defendant Ippolito is a duly appointed member of the North Andover Board of Appeals. 311240vl 2 8. Defendant Town of North Andover is a duly formed municipal corporation pursuant to the General Laws of the Commonwealth of Massachusetts and conducts its principal business from North Andover Town Hall at 120 Main Street, North Andover, Massachusetts. 9. Key Lime, Inc., is a duly incorporated corporation pursuant to the General Laws of the Commonwealth and has a business address at 60 Beechwood Drive, North Andover, Essex County, Massachusetts. Key Lime, Inc. is sometimes referred to herein as the Applicant. FACTS 10. Key Lime, Inc. caused to be prepared and caused to be filed with the North Andover Board of Appeals a Request For Dimensional Variance from Section 8, Paragraph 8.5.6 C (distance between structures), Table 2, Footnote I (Setback from Route 114), and Table 2 (one unit per acre) for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings (hereinafter referred to as "relief requested"). 11. Benjamin G. Farnum is an abutter to the property the Applicant was seeking relief on. 12. Legal notices were published in the Eagle-Tribune on June 27, 2005 and July 5, 2005. 13. A hearing was held by the North Andover Board of Appeals on July 12, 2005 concerning the relief requested. 311240v1 3 14. The Applicant, during the public hearing did not present sufficient evidence that owing to circumstances relating to the soil conditions, shape or topography of the land, a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship, financial or otherwise to the Applicant. 15. The Applicant during the public hearing failed to present sufficient evidence that the desired relief could be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaws. 16. Upon a motion by Joseph D. LaGrasse, amended by Albert P. Manzi, III and seconded by Richard J. Byers, the Board granted the relief requested. 17. The Board of Appeals failed to specifically find that owing to circumstances relating to the soil conditions, shape or topography of such land a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship financial or otherwise to the Applicant. 18. A certified copy of the Decision as filed with the Town Clerk's Office on July 25, 2005 is appended hereto as Exhibit"A." 19. Plaintiff Farnum is aggrieved by the Decision within the meaning of G. L. c. 40A, §17. 20. The Decision of the Board is unreasonable, whimsical, arbitrary and capricious, over reaching, not in accordance with the law and exceeds the authority of the Board. 21. The decision of the Board exceeds the authority of the Board. 311240v1 4 WHEREFORE, Plaintiff Farnum respectfully prays that this Court: 1. Hear all pertinent evidence and determine the facts; 2. Determine and adjudge that the Decision exceeds the authority of the Board; 3. Determine the Decision is unreasonable, arbitrary and capricious; 4. Annul the Decision of the Board. 4. Grant such relief as the Court deems reasonable and just under the circumstances. Respectfully,smined,_. _ Benj aurin.-Fi:"F arnu By s''attorney, W'�. 0 ire BBM 600 Unicorn Park Drive Woburn, MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 311240v1 5 1 < COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT 05 MISC 312326 ESSEX, ss. BENJAMIN G. FARNUM ) 0 p Plaintiff ) V. ) ELLEN MCINTYRE, JOSEPH D. LAGRASSE, RICHARD J. BYERS, ) ALBERT P. MANZI, III, AND THOMAS D. IPPOLITO, AS THEY ) CONSTITUTE THE NORTH ANDOVER BOARD OF APPEALS, ) KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, Defendants. COMPLAINT ca 4 Gn INTRODUCTION co Plaintiff Benjamin G. Farnum brings this action pursuant to the provisions of G. L. c. 40A, §3 appealing the decision of the North Andover Board of Appeals granting a dimensional variance to Key Lime, Inc. PARTIES 1. Plaintiff Benjamin G. .Farnum (hereinafter referred to as "Farnum") is a natural adult person having a principal place of residence at 397 Farnum Street, North Andover, Essex County, Massachusetts. 311240v1 1 2. Defendant Ellen McIntyre ("McIntyre") is an adult natural person having a principal place of residence at 23 Tanglewood Lane, North Andover, Massachusetts. Defendant McIntyre is a duly appointed member of the North Andover Board of Appeals. 3. Defendant Joseph D. LaGrasse, ("LaGrasse") is an adult natural person having a principal place of residence at 40 Sugarcane Lane, North Andover, Essex County, Massachusetts. Defendant LaGrasse is a duly appointed member of the North Andover Board of Appeals. 4. Defendant Richard J. Byers ("Byers") is an adult natural person having a principal place of residence at 97 Forest Street,North Andover,Essex County, Massachusetts Defendant Byers is a duly appointed member of the North Andover Board of Appeals. 5. Defendant Albert P. Manzi, III ("Manzi") is an adult natural person having a principal place of residence at 1028 Salem Street, North Andover, Essex County, Massachusetts. Defendant Manzi is a duly appointed member of the North Andover Board of Appeals. 6. Defendant Thomas D. Ippolito ("Ippolito") is an adult natural person having a principal place of residence at 338 Abbott Street, North Andover, Essex County, Massachusetts. Defendant Ippolito is a duly appointed member of the North Andover Board of Appeals. 7. Defendant Town of North Andover is a duly formed municipal corporation pursuant to the General Laws of the Commonwealth of Massachusetts and conducts its principal al business from North Andover Town Hall at 120 Main Street, North Andover, Massachusetts. 3112400 2 8. Key Lime, Inc., is a duly incorporated corporation pursuant to the General Laws of the Commonwealth and has a business address at 60 Beechwood Drive, North Andover, Essex County, Massachusetts. Key Lime, Inc. is sometimes referred to herein as the Applicant. FACTS 9. Key Lime, Inc. caused to be prepared and caused to be filed with the North Andover Board of Appeals a Request For Dimensional Variance from Section 8, Paragraph 8.5.6 C (distance between structures), Table 2, Footnote 1 (Setback from Route 114), and Table 2 (one unit per acre) for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings (hereinafter referred to as "relief requested"). 10. Benjamin G. Farnum is an abutter to the property the Applicant was seeking relief on. 11. Legal notices were published in the Eagle-Tribune on June 27, 2005 and July 5, 2005. 12. A hearing was held by the North Andover Board of Appeals on July 12, 2005 concerning the relief requested. 13. The Applicant, during the public hearing did not present sufficient evidence that owing to circumstances relating to the soil conditions, shape or topography of the land,a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship, financial or otherwise to the Applicant. 311240v1 3 14. The Applicant during the public hearing failed to present sufficient evidence that the desired relief could be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaws. 15. Upon a motion by Joseph D. LaGrasse, amended by Albert P. Manzi, III and seconded by Richard J. Byers, the Board granted the relief requested. 16. The Board of Appeals failed to specifically find that owing to circumstances relating to the soil conditions, shape or topography of such land a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship financial or otherwise to the Applicant. 17. A certified copy of the Decision as filed with the Town Clerk's Office on July 25, 2005 is appended hereto as Exhibit"A." 18. Plaintiff Farnum is aggrieved by the Decision within the meaning of G. L. c. 40A, §17. 19. The Decision of the Board is unreasonable, whimsical, arbitrary and capricious, over reaching, not in accordance with the law and exceeds the authority of the Board. 20. The decision of the Board exceeds the authority of the Board. WHEREFORE, Plaintiff Farnum respectfully prays that this Court: 1. Hear all pertinent evidence and determine the facts; 2. Determine and adjudge that the Decision exceeds the authority of the Board; 3. Determine the Decision is unreasonable, arbitrary and capricious; 4. Annul the Decision of the Board. 3112400 4 4. Grant such relief as the Court deems reasonable and just under the circumstances. Respectfully submitted,---.— Benjamm,.&:Farnum By hs'attorney, zcis f s 1 ter,_ BBO# Murt Cul ' P 6 Unicorn Park Drive Woburn,MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 3112400 5 Town Clerk Time tamp Town of North Andover ECEi1/ED • Services Divi Community Development and ServiRAflSN'� o � a Office of the Zoning Board of Appeals T`O WN f I ERR 400 Osgood Street �ACM� North Andover,Massachusetts 01845 Telephone (978)688-9541 J D. Robert Nicetta Fax (978)688-9542 EXHIBIT Building Commissioner 1 Alf, Any appeal shalt be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. Prope ty at: Turnpike Street,M1,12P 1076,Parcels 16& 73 40A, §17 >EIEARING(S): July 12,2005 NAME: Key Lime,Inc-,60 Beechwood Drive, North Andover,MA PETITION: 2005-017 ADDRESS: for premises at:Turnpike Street, Ma 107B,Parcels 16&73 hyEI�NGDA�TEJuly 15,2005 North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor Jul 12 2005 at 7:30 PM upon the meeting room, 120 Main Street,North Andover,MA on Tuesday, y�for premises at Turnpike Street, application of Key Lime,Inc.,60 Beechwood Drive,NorthAndover,� , Variance from Section 8,Paragraph Map 107B,Parcels 16&73,North Andover requesting 8.5.6.0(distance between structures),Table 2,Footnote I (setback from Route 114),and Table 2(one unit construct thirty-seven dwelling Bylaw in order to cons per acre) for relief from the requirements of the Zoning y e an the Northeast side of units in nineteen buildings. Said premises affected are properties published the Eagle-Tribune on June 27 Turnpike Street within the VR zoning district. Legal notices were p &July 5,2005 and all abutters were notified by mail. Ti11 members were present: Ellen P.McIntyre,Joseph D. LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D.Ippolito. The following non-voting member was Present: Richard M.Vaillancourt. °� Richard J. Byers the Upon a motion by Joseph D.LaGrasse,amended by Albert P. Manzi,ID, 8.5.6.0(50 distance between Board voted to GRANT a dimensional Variance from Section 8,Paragraph structures)for 30' of relief;Table 2,Footnote 1 (100'setback from Route 114)for 40' of relief;and Table 2 (one unit per acre)2 units per acre of relief for the 37 units from the requ irements of the onme,�Bylaw Per Mass. PP Plan for Board of Appeals,Old Salem Village,North Andover, @ Peter J Ogren,p L S 1#33604,June 60 Beechwood Drive,North Andover,MA.01845 Date:VV�ak Se1d005Massy01880,Sheets 1-3. With the 22,2005,Hayes Engineering,Inc.,603 Salem Street, following condition: nt shag provide landscape barriers,such as spruce trees,to compensate for the 1. The applies decreased distances between units and the decreased distance between units and Route 114. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D. Ippolito. The Board finds that the revised plan for Old Salem.Village has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw in that the granting of these Variances will not adversely affect for 37 the neighborhood or derogate from the intent and purpose of the Zoning SBtr }because plan sed foar56 units units will create less residential density along Route 114(Turnp han th that did conform to the Village Residential(VR)District requirements. ATTEST: Page 1 of 2 A True Copy 91r,v�a¢ Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning (9188' ORTIi 1 Town of North Andover °t;"OR �•° "o 3= •` °c RE.cEdV:EH Office of the Zoning Board of Appeals ° A JOYCE 8R W'�R�W community velo ment and Services Division ; i : • m= - ' un it y De400 Osgood Street S�C►WS North Andover, MassaEt chusetts 01845 688.9541 Nfce ��, _ , Telephone (978) Fax (978)688-9542 Building Commissioner nested by the applicant does not necessarily Note: The granting of the Variance and/or Special permit as req all applicable local,state,and federal antis of a building permit as the applicant must abide by app the Building ensure the granting Permit as required by building codes and regulations,prior to the issuance of a building Commissioner. Year of the date of the Furthermore,if the rights authorized by the Variance e�r notice not e, Furthermore, if a Special and an w hearing. within one(t y grant, it shall lapse,and may be re-established only lapsed Permit granted under the provisions contained Mere shall uo messd to ntial use or construction has period from the date on which the Special Perm granted notice,and a new hearing• commenced, it shall lapse and may be re-established only Town of North Andover Board of Appeals, Ellen P.McIntyre,Chair Decision 2005-017. M107BP16&73. P�ge 2 of 2 f A eals 978-688-9541 Building 978-688-9545 conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Board o PP i THE ZONING BYLAW TOWN OF NORTH ANDOVER 1972 IN PERTINENT PART SECTION 8 SUPPLEMENTARY REGULATION AND TABLE 2 SUMMARY OF DIMENSIONAL REQUIREMENTS OOR it L d a'p`•� coc"I a w.c« s, CRUS Last Amended May 2004 1 ATTEST: A True Copy Town Clerk 4 SECTION 8 SUPPLEMENTARY REGULATIONS 8.1 Off Street Parking l. Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as to incrmse it floor area and/or design capacity,there shall be provided on the same lot with such building or on a lot contiguous thereto(or within 100 feet thereof)in the same ownership as the parcel containing the primary use, a sufficient number of open or covered parking spaces to satisfy the requirements of the following schedule for the new building or increased design capacity of floor area: 2. Where a use is not indicated prior to construction or issuance of building permit, the number of parking spaces provided shall be the maximum required Use Minimum Sglm B fflmred One or two family residence 2 spaces per dwelling unit. Mufti family residence 2 spaces per dwelling unit. 1 space per dwelling unit for a unit designed and occupied by the elderly as under government assisted programs. Congregate Housing 0.75 per dwelling unit (2V87) All other places with 1 space per sleeping mom for accommodations including(but not limited to) single or double occupancy, 1 per 2 for rooming houses,hotels, rooms exceeding Double beds for roans motels,hospitals, nursing homes. exceeding double occupancy Auditoriums,theaters., 1 space per 4 persons based on the design athletic fields, funeral capacity of the facility. parlors,day care eters and other places of assembly. Restaurants,sit down 1 per 2 seats or 15 per 1000 GFA restaurants, drive through (Whichever greater applies). Retail store and service b per 1000 square feet GFA except 5 per establishments. 1000sf GFA in B1,B2,&GB. Offices 1 space per 300 square feet of GFA. Medical Offices and 3 Spaces per 1000 square feet Research facilities GFA plus are space per employee. Warehousing, Wholesaling,Distributing 1 space per 500 square feet GFA. Manufacturing assembly, I spm per 2 employes in the minimum Fabrication,etc working shift or 1 space per 1,000 GFA (Whichever greater applies). 80 3. The required parking for any two(2) or more uses or structures may be provided by the allocation of the total of the various spaces required for each use or structure in a common parking facility, cooperatively established and operated(1997/30). 4. The regulations of this section shall not apply to non-residential uses or structures whose minimum parking under the above schedule would amount to five(5)parking spaces or less or residential uses or structures whose minimum parking would amount to two(2)parking spaces or less. 5. If the Building Inspector is unable to identify a use with one (1) or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient quantity of parking spaces to accommodate the automobiles of all customers, employees, visitors, occupants,members or clients consistent with the provisions contained in the above schedule. 6. The Board of Appeals may by variance make exceptions to the provisions of this section and , upon a written request of the owner and after a public hearing,authorize the Building Inspector to issue permits for buildings and uses having less off-street parking than specified herein, whenever the Board of Appeals finds that under normal circumstances such lesser off-street parking area would adequately provide for the needs of all persons using such building. Such exceptions may be limited as to time, use or intensity of use. 7 A parking space shall mean an area of not less than 9'x 18',accessible over unobstructed driveways not less that 25'wide. 8. For multi-family dwellings the front yard shall not be used for parking for accessory uses. 9. In all residential districts the frost yard shall not be used for parking for accessory uses. 10. In residence districts parking or outdoor storage of one(1)recreational vehicle(camper,etc.)and one(1) boat per dwelling unit may be permitted in an area to the rear of the from line of the building. All other recreational vehicle and boat storage(if any)shall be within closed structures. 11. Loading facilities provided for any use shall be sued, located, arranged, and of sufficient number to allow service by the type of vehicle customarily excepted for the use while such vehicle is parked completely clear of any public way or sidewalk. 12. In residence districts garaging of off-street parking of not more than four(4)motor vehicles per dwelling unit may be permitted, of which four (4) motor vehicles, not more than two (2) may be commercial vehicles other than passenger sedans and passenger station wagons, but not counting farm trucks nor motor-powered agriculture implements on an agriculturally active farm or orchard on which such vehicles are parked. Commercial vehicles in excess of one(1)ton capacity shall be garaged or screened from view of residential uses within three hundred(300)feet by either: a. A strip at least four(4)feet wide,densely planted with trees or shrubs which are at least four(4) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screw at least six(6)feet high within three(3)years,or b. An opaque wall, hamsfive or Bence of uniform appearance at least a(5)feet high, but not more than seven(7)feet above finished grade. Such screening shall be maintained in good condition at all times, and shall not be permitted to exceed seven feet in height within required side yards. Such screening or barriers may be interrupted by normal entrances or exits and shall not be required within ten(10)feet of a street lot line. Garaging or off-street parking of an additional two(2)commercial vehicles may be allowed by Special Permit When it is deemed to be in the public good, parking for additional pleasure vehicles may be allowed by Special Permit. 81 13. Village Commercial Dimensional Parking Requirements Objective: To produce parking which is aesthetically pleasing, well screened, accessible and broken into smaller parcels that may directly and adequately service adjacent structures. a. A minimum of 5% landscaping and green space must be provided for all parking areas. This 5% is not intended to include the buffer zones, but shall include all internal landscaped islands in the parking areas. b. No single section of parking may contain more than 25% of the total proposed parking spaces or more than 50 spaces, whichever is less. As a method of division, 6' wide parking lot islands shall be installed to provide the proper break between adjacent parking lots. For projects which require less than 50 spaces in total, the Planning Board may allow 50 spaces to be located together if an effective visual buffer is provided Each landscaped island must be 6' in width at the minimum. In locations where the possibility exists to enlarge the entire island or portions thereof,the Planning Board would recommend that such measures be taken. C. In all instances where natural topography lends itself to the screening of these parking areas it shall be left in its natural state. The Planning Board may at their discretion require additional screening at the owners expense. d. Parking lots shall be provided only at the side or to the rear of the buildings. The Planning Board may, at their discretion, allow up to 50 spaces,or 25%of the total parking, whichever is greater, to be located to the front of the structure as long as all other dimensional criteria are adhered to. e. The Planning Board shall have the discretion to allow between 4 - 6 parking spaces per 1,000 square feet of(Dross Fkoor Area for retail development in the Village Commercial District. 14. One(1)handicapped parking space shall be provided for every twenty(20)parking spaces provided on site. The handicapped space shall be 12'x 20'and be indicated by a ground mounted sign and pavement markings. 8.2 Automobile Service Stations and Other Automobile Services Automobile service and filling stations, automobile repair shops, body shops and painting shops, tine stores, radiator shops or any of the appurtenances or accessory uses shall not be erected,placed or located within fifty (50) feet of any residence district or residence structure. In addition, the use or structure shall conform to the following requirements(in addition to district requirements): 1. The minimum frorrtage on a street shall be one hundred and fifty(150)feet. 2. The maximum width of driveways and curb cuts measured at the street lot line or lines shall be thirty (30)or barriers may be interrupted by normal entr is s or exits and shall not be required with ten(10) feet of a street lot line. 83 Site Plan Review I. Purpose a) The purpose of this section is to protect the health, safety, convenience and general welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts, both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic. This review considers the impact on public services and infra.structure; environmental, unique and historic resources; abutting properties; and community character and ambiance. b) This section of the Zoning Bylaw is adopted pursuant to Chapter 40A, Section 9. All Site Plan Review applications submitted under the provisions of this section shall be reviewed by the Planning Board as a Special Permit. 82 c) Sites and developments to which this section applies shall comply with the regulations of this section as well as diose other applicable Town Bylaws, or the requirements of the Commonwealth of Massachusetts,prior to any construction being undertaken in the Town of North Andover. 2. Developments Which Require Site Plan Review a) Site Plan is required when: i) Any new buildings)or construction which contains more than two thousand(2,000)square feet of gross floor area which is undertaken on land within the Town of North Andover or results in the requirement of five(5)or more new or additional parking spaces; ii) Any construction which results in the addition of more than two thousand(2,000)square feet of gross floor area to an existing structure;or results in the requirement of five(5)or more new or additional parking spaces; iii) Any construction, site improvements, new uses in existing structures or developments which contain new processes not normally associated with the existmg use and which result in changes in the potential nuisance to adjacent property, traffic circulation; storm water drainage onto or off of the site, and/or the application of the parking standards of Section 8.1 indicate the need for five(5)or more new or additional parking spaces. . iv) The construction of any new wireless service facility on a previously permitted facility as set fourth in Section 8.9(3xaxir)Wireless Service Facilities Use Regulations(1998/38). b) The following development(s)are exempt from Site Plan Review. i) Single family dwelling(s)and two family dwelling(s); ii) Small structuress or additions which do not exceed two thousand (2,000) square feet of gross floor area and do not require five(5)or more parking spaces. iii) Routine repairs and maintrnance that do not exceed the provisions of Suction(1 xc). c) Waiver of Site Plan Review i) When in the opinion of the Planning Board, the alteration or reconstruction of an existing structure or new use or change m use will not have a significant impact both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic;public services and infinstructim-, avioninental, unique and historic resources, abutting properties; and community needs,the Planning Board may determine,without a public hearing,that submission of a site plan review application is not required. iii) The applicant must request a waiver from Site Plan Review in writing and may be required to submit supporting documentation that Site Plan Review is not required. The waiver request will be discussed at a regular session of the Planning Board 3. Site Alteration•Violation of the Bylaw b) No building permit, site clearing, filling, grading material deliveries or construction shall be initiated on any site which this suction applies until Site Plan approval as required by this section is obtained. C) Nothing herein shall be construed, however, to prolubit such clearing or altering as may be necessary for purposes of conducting pre`developmeit studies, such as geotechnical tests, soil borings,wetlands dete nu ation,percolation tests for septic systems as required by the Board of Health,or other similar test as required in order to fulfill a requirement of any Town Bylaw or regulations of the Commonwealth. 83 4. Procedures a) The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection VIII Revisions to Approved Site Plans. b) Any proposed development meeting any of the criteria set forth in Subsection H Developments which require Site Plan Review, shall be subject to Site Plan Review and submit a Special Permit application to the Planning Board. c) An applicant for site plan review shall file an application form, fv-,eight copies of the site plan,and any additional information as may be required (See Subsection V Information Required with the Planning Department. Once the applicant is deemed complete, the Planning Department will forward the application to the Town Cleric An application will not be deemed complete until all required information and fees are submitted. The time periods ser forth m this Zoning Bylaw and M.G.L. Ch.40A will not start until the application has been deemed complete and submitted to the Town Clerk- d) lerkd) The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequately review and analyze the contents of any site plan or impact study requested by the Board 5. Information Required a) Special Permit Application Foran,along with any fees as may be set by the Town Bylaw; b) Drawings prepared at a scale of one inch equals forty feet (1"-40) or larger, or at a scale as approved in advance by the Town Planner. C) All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts.All plans shall be signed and stamped; d) The times for submission of the site plans for review by the Planning Board are specified in Section 10.3 of the Zoning Bylaws(Special Permit Regulations) e) The following information must be submitted along with the application: i) NORTH ARROWA OCATION MAP: A north arrow and a location map showing surrounding roadways and land uses adjacent to the site (1"=1500). Location Map should show at least one intersection of two existing Town roadways. a) SURVEY OF LOT/PARCEL: A boundary survey conforming to the requirements of the Essex County Registry of Deeds Office. The survey shall be dated and include any revision made to the survey or site pian. Any change in the survey shall be recorded before site plan approval may be granted. iii) NAMEVESCRIPTION OF PROJECT:The name of the development and the names, addresses and telephone numbers of the project listing tenants, land uses, development phases, or other pertinent information necessary to evaluate the proposed development Pte- iv) EASEMENTS/LEGAL CONDITIONS: Identification of easement(s) or legal encumbrances(s)that are related to the sites physical development, and a listing of any condition(s) placed upon the site by the Board of Appeals, Planning Board, Conservation Commission, or any public body or agency, with the authority to place conditions on the sites development 84 V) TOPOGRAPHY: The present and proposed topography of the site, utilizing two foot (2')contour intervals. The contours shall extend at least fifty(50') feet beyond the site boundaries by estimation of the professional submitting the plan. vi) ZONING INFORMATION: All applicable Zoning Bylaw information shall be provided regarding the site's development. This information shall be placed in a table and list all parking, setbacks, percent of lot coverage, floor-area-ratio, number of dwelling units, total amount of square feet, size of signs and any other applicable zoning information necessary for the proper review of the site plan by the Town Planner and Planning Board vii) STOR.MWATER DRAINAGE: All storm water drainage control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown the plan shall be submitted to the Depart unit of Public Works for review and approval. Calculations shall show a mitigation of run-off to zero of the 2, 10,and 100 year storm event. viii) BUILDING LOCATION: Identification of all existing and proposed stiucture(s) located on the site. The number of stories,overall height in feet and gross floor area in square feet of all structure shall be indicated. ix) BUILDING ELEVATION: A drawing of the exterior of the building as viewed from the front (street view) must be submitted. The Planning Board may request side and rear views if relevant to the Boards review. This drawing must be at least 8"x 11"in Sim x) LOCATION OF PARKING/WALKWAYS: Identification of the location of all existing and proposed parking and walkways areas, including curb cuts that will be used to access the site from adjacent roadways,or access points. xi) LOCATION OF WETLANDS/NOTICE OF INTENT: All resource areas as defined in M.G.L. Chapter 131, Section 40 and the Town's Wetland Bylaw, shall be shown on the site plan. The applicant shall file a Notice of Intent with NACC conctuTently with the application to the Planning Board for Site Plan Review. xa) LOCATION OF WALLS/SIGNS: Iden ification of the location, height and materials to be used for all retaining walls and signs located on the site. Signs will be reviewed using the guidelines set forth in Section 6.7(H)of the Zoning Bylaw. xiii) LOCATION OF ROADWAYS/DRIVES: Identscation of all night-of-ways and driveways including the type of curb and gutter to be used, and their dimensions. Dwane to all the nearest roadways and/or nub arts shall be shown for both sides of any streets which is adjacent to the site. xw) OUTDOOR STORAGE/DISPLAY AREAS:Identification of the location and type of outdoor storage and display arras on dee site. xv) LANDSCAPING PLAN: Identification of the location and landscape schedule of all pauneta and into for landscaping including but not limited to proposed paving materials for wa&ways, fences, stonewalls and all planting materials to be placed on the site. In addition, all existing tree over 12 inches DBH, to be saved or removed shall be shown on the site plan. Any landscaping required by the Town Bylaws shall be indicated on the site plan in tabular form showing the amount required and the amount provided. 85 xvi) REFUSE AREAS: Identification of the location of each outdoor refuse storage area, including the method of storage and screening. All refuse areas must be fully enclosed xvu) LIGHTING FACILITIES: Identification of the proposed illumination, indicating the direction and the degree of illumination offered by the proposed lighting facilities, including an example of the ligfit fixture to be used. xviii) DRAINAGE BASIN STUDY:A detailed hydrology study for the site. Included in this study is the proposed storm water run-off rates into the existing drainage system and its potential down-strum impact on the existing drainage system. xix) TRAFFIC IMPACT STUDY: Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project. Projects which access state highways, a traffic impact study shall be filed with MEPA concurrently with the Plam mg Burd review. A copy of the MEPA study shall be filed with the application to the Planning Board. xx) COMMONWEALTH REVIEW: Any information required and submitted to any agency of the Corrrmonwealth, shall be filed with the Planning Board upon the initial submission of the project for Board review. xxr� UTU ITTES: All utilities, including water line locations, sewer Iine locations and profiles,and storm drainage systems; xxii) FISCAL IMPACT: Projections of costs rising from increased demand for public services and infrastructure; provisions of benefits from increased tax revenues, employment and mfiwtr uctwe improvements; and impacts on adjacent property values. xxiin) CON04UNITY IMPACT: Analysis of the project's impact on the surrounding neighborhood in terms of architectural consistency, pedestrian movement and overall character; unpacts on nearby historic structures or site; and an evaluation of the proposed project's consistency ad compatibility with existing local and regional plans. f) If the site plan review application is for the construction of any new wireless service facility on a previously permitted facility as set fourth in Section 8.9(3xa)9U)Wireless Service Facilities Use Regulations, the information required by Section 8.9(5)must also be submitted. The SPGA may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility(1998/38). 6. Review CritwkDesign Guidelines a) The following criteria and design guidelines shall be used by the Planning Board in evaluating the site plan review and all information submitted as part of the application. i) General a) Conformance with all appropriate provisions of the Zoning Bylaw. b) Protection of abutting properties from dual site characteristics. ii) Environmcntal a) Protection of unique or mTortant natural,historic or scenic features. b) Adequacy of proposed methods of refuse disposal C) Ability of proposed sewage disposal and water supply systems within and adjacent to the site to serve the proposed use. d) Adequacy of the proposed drainage system within and adjacent to the site to handle the increased runoff resulting from the development. e) Provision of adequate landscaping, including the screening of adjacent residential uses, provision of street trees, landscape islands in the parking lot and a landscape buffs along the street frontage. 86 f) Adequacy of the soil erosion plan and any plan for protection of steep slopes, both during and after construction. g) Protection of adjacent properties by minimizing the intrusion of fighting, including parking lot and building exterior lighting. h) The proposed development must not present a demonstrable adverse impact on the surrounding area resulting from excessive noise, dust, smoke, or vibration which are higher than levels now experienced from uses permitted in the surrounding area. iii) Design a) Buildings shall be located with respect to setbacks placement of parking landscaping and entrances and exits with surrounding buildings and deveiopn>errt. b) The buildings shall relate harmoniously to each other in architectural style,site location and building exits and entrances. C) Screening shall be provided for storage areas, loading docks, dumpsters, rooftop equipment,utility buildings and similar features. d) Electric, telephone; cable t.v., and otdrer such lines and equipment must be Placed nd- e) Dernonstrate that the scale; massing and detailing of buildings are compatible with those prevalent in the surrounding area. iv) Traffic/Parking a) The location and number of curb cuts gall be minimized to reduce turning movements,and hazardous emits and entrances. b) Provision for access to adjoining properties shall be provided as appropriate. C) Driveways shall be located opposite each odrer wherever possible. d) Joint access driveways between adjoining properties shall be waged. e) Internal circulation and egress shall provide for tnaffic safety, and access to and from minor streets servicing one family dwellings shall be minimized. 7. Findings of the Planning Board a) With the concurring vote of four mernbers, of the Plarming Board shall either A)approve, B) approve with conditions,or C)dory a site plan submitted for review. i) The Planning Board shall approve a site plan with the following conditions are met: a) The site plan complies with all current Bylaw requirements of the Town,and;- b) nd;b) The site plan has been submitted in accordance with the regulations and procedures as outlined in this section and Section 10.31 (Conditions for Approval of Special Permit.) u) The Planning Board shall conditionally approve a site plan when the following conditions are met: a) The application needs to go to any Town Board/Departinent or Commission for approvals,or requires approvals by any state,and/or federal agency and, b) The site plan generdly complies with Town Bylaw requirements, but requires minor changes in order to be completely in compliance with the Town Bylaw regulations. iii) The Planning Board may decry approval of a site plan for the following reasons: a) The plan does not include all the materials or information required in this section, or has failed to adhere to the procedures for Site Plan Review as outlined in this section,and Section 10.3(Special Permitsl or, b) The plan as presented is not in compliance with Town Bylaws,or, 87 I C) The plan has been drawn incorrectly or in such form that the Planning Board is unable to determine what information is being presented for review, or; d) The applicants have failed to incorporate and adhere to any condition(s) for approval granted by any Town Board, Department or Commission, or requirements called for by any state or federal agency, which has proper authority upon which to place conditions on a matter before the Planning Board. iv) The Planning Board shall reader a decision within ninety (90) days of the public hearing and shall file its written decision with the Town Clerk's office and other appropriate parties in accordance with the provisions of M.G.L.Ch. 40A. V) The applicant shall be responsible for filing a copy of the decision at the Registry of Deeds. Prior to the issuance of a building permit, the applicant shall present evidence of such recording to the Building Inspector. vi) For the purpose of securing the performance of all proposed work, including landscaping and off-site improvements, the Planning Board may require security submitted in the form of a check made out to the Town of North vii) Andover in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements required. The check will then be placed in an interest bearing account and will be released upon the completion of the project. The Board,at its discretion, may release partial amounts of the security at certain stages of construction. 8. Revisions to Approved Site Plan a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories: i) A change of location and layout of any parking area(s), signs, storage or accessary buildings,provided that no Town Bylaws are violated by the change; iii) The change in the proposed landscaping plan which does not violate any Town Bylaw; iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Conunonweakh. b) The revisions cited above may be completed without furtdw review by Planning Boma, upon approval by the Town Planner. The Town Planner may determine that the revisions as Ax m do not fall into the categories outlined in this subsection,and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site improvearents to be constructed and shown in the approved site plan. C) If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. (Section 8.3 rewritten and reorganized May 6, 1996 Annual Town Meeting,Article 20) 88 8.4 Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts(1987/12) For all commercial and industrial districts the following minimum screening and landscaping requirernents shall apply for all off-street lots with more than 6 parking spaces, or in any instance when a commercial or industrial off-street parking area of any size abuts a residential district. 1. A strip of land at least six (6) feet wide(may be part of required yard setbacks)with trees or shrubs densely planted,to create at least an impervious screen, at least four(4) feet high at the time of planting and which are of a type that may be commonly expected to form a year round impervious screen at least five(5)feet high within three years. 2. If a natural screen as described in item l above cannot be attained, a wall or fence of uniform appearence at least five(5)feet high above finished grade will be allowed Such a wall and/or fence may be perforated,provided that not more than 25%of the face is open. 3. All required screening, as described in items 1 and 2 above, shall be maintained in good condition at all times. Such screening may be intampted by entrances or exits,and shall have no signs attached thereto other than those permitted in the district. For all off-street perking areas of 20 or more spaces the following criteria shell also apply. 4. On at least throe sides of the perimeter of an outdoor parking lot, there shall be planted at least one tree for every thirty(30)linear feet. In the interior part of an outdoor parking lot where two rows of parking spaces containing a total of 10 or more parking spaces face each other,a landscaped open space not less than 6 feet in width shall be provided The landscaped strip may be provided either, 1) between the rows of parking spaces parallel to the aisle or, 2) in two or more strips parallel to the spaces and vaeding form the aisle serving one row of spaces to the aisle serving the other row of spaces,as illustrated below. Trees required by this section shall be at least 3.5 inches in diameter at a height four feet above the ground at time of planting and shall be of a species characterized by suitability and hardiness for location in parking lot. To the orient practicable, existing trees shall be retained and used to satisfy this section. The following graphics are intended as illustrations and examples only and have not been incorporated into the requirements of this Bylaw.(See graph after Tables and Footnotes at end of Bylaw). 5. All artificial fighting used to illuminate any connnercial or industrial parking lot, loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the parking loading or driveway area,and shall be shielded or recessed so as not to shine upon abutting properties or streets. VMW Commercial Dimensional Regoinemeuts In the Village Cor inerercial Zoning District the following requirements shall be adhered to. The following requirenum are only to be placed upon the Village Commercial Zoning District and shall take the place of the proceeding regulations found in paragraph 1-5. Screening Ob'ective; Due to the high aesthetic standards to which the architecture shall be made to conform, the main purpose of the screening shall be to screen the parking and other accessory structures which may be a part of the development. The Planning Board may require any additional screening as may be reasonably required. a. All buffer zones must be designed by a registered landscape architect, or other professional as approved by the Planning Board b. The Planning Board recommends that materials to be used in the buffer include but not limited to the following material: Natural/adsting vegetation, natural topography, berms, stone walls, fences, deciduous and coniferous shrubs/trees, perennials, annuals, pedestrian scale walkways, gazebos and other landscape material as it addresses the aesthetic quality of the site. 89 The final approval of all material used within the buffer zone shall be at the discretion of the Planning Board. C. Parking lots containing 10 or more spaces shall be required to provide one tree for every five spaces. All trees shall be a deciduous mix of at least 2.5 inch caliper when planted. Native trees and shrubs shall be planted wherever possible, in order to capture the"spirit of the locale" through indigenous species (such as lilac, viburnum, day lilies, ferns, red twig dogwood, oak, mapl-, sycamoM linden, hawthorne, birch, shadbush, etc.). in instances where healthy plant material exists on the site prior to its development, in part or in whole, for purposes of off street parking or other vehicular use areas,the Planning Board may adjust the application of the above mentioned standards to allow credit for such plant material d, in its opinion, such an adjustment is in keeping with and will preserve the intent of these standards. 8.5 Planned Residential Development(PRD) 1. Piu : The purpose and intent of the regulations contained in this section are to promote the public heahh,safety and general welfare of the citizens of the Town by providing for the following goals: a. To promote the more efficient use of land in WnriO ry with its natural features; b. To encourage the preservation of open space; C. To protect water bodies and supplies, wetlands, floodplams, hillsides (1994/40 agricultural lands,wildlife,and other natural resources; d. To permit greater flexibility and more attractive, efficient and econanical design of residential developments; e. To facilitate economical and efficient provision of utilities; f. To meet the town's housing needs by promoting a diversity of housing types. 2. Applicability An application for a Planned Residential Special Permit (PRD) shall be allowed for parcels of land in the R-1, R-2, and R-3 Districts in accordance with the standards set forth in this section. An application for a Planned Residential Development Special Permit shall be deemed to satisfy the requiremesrts for Site Plan Review. 2. Permit Authority. The Planning Board shall be designated as the Special Permit Granting Authority,and shall grant special permits for PRD's consistent with the procedures and conditions set forth in this section as well as in Sections 10.3 and 10.31 (Special Permits)of this Bylaw. 4. Procedure for Approval: Preliminary Plan The applicant must submit a prelinninary plan per Section 6(G) (1994/40) and schedule pro-application conference to discuss the proposed PRD with the Planrung Board before the submission of the final special permit application and supporting documents,to the Board for review in a public hearing. Fhial Plan Submittal The applicant shall follow the procedures and standards contabed in this section and Section 10.3 (Special Permit)in submitting a set of final plans to the Planning Board for review. 5. information Required: Any applicant who desires a special permit under requirements of this section shall submit an application in writing in such form as the Planning Board may require which shall include at the minimum the following: A. Development Statement: Which shall consist of a petition; a list of the parties of interest with respect to the PRD parcel and any parcel proposed to be used pursuant to the subsection 5a below. A list of the development team and a written statement meeting the requirements of a site evaluation statement under the Subdivision Rules and Regulations of the Planning Board, and setting forth the development concept and the specific requirements of the Zoning Bylaw within a table which includes the following information: 1. The number of units, 90 2. Type size(number of bedrooms), , 3. Floor area, 4. Ground coverage, 5. Summary showing open space as percentages of the total area of the PRD tract, 6. Development schedule for all site improvements. a. Copies of the proposed instruments to be recorded with the plans including the Usable Open Space perpetual restriction, which shall be deeded to a membership corporation, nor-profit organization, trust, public agency, or the Town of North Andover. b. Development plans bearing the seal of a Massachusetts Registered Architect, Registered Civil Engineer or similar professional as appropriate and consisting Of 1. Subdivisions-All plans shall be drawn at a scale of l"=40' showing all site improvements and meeting, to the extent applicable, the requirements set forth for a Definitive Plan in the Subdivision Rules and Regulations of the Planting Board and; Site Plans - Plans submitted shall meet the requirunents contained in Section 8.3 (Site Plan Review)to the extent applicable. B. Review by Other Town Deuartnernts: The Planning Board shall within ten days of receipt of an application under this suction, refer the application to the Consarvatm Commission, Public Works Department, Board of Heath, Building Inspector, Police DeparbneM and Fire Department for written reports and recommendations. No decision shall be made until such reports, are returned or thirty-five days have elapsed following such referral without receipt of such resort. C. Finding of the Planning Board: The Planning Board may issue a special permit under this section only if the Planning Board finds that the PRD is in harmony with the general purpose and intent of this section and Section 10.3(Special Permit)and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and meets the purpose and intent of this section, which renders it appropriate to depart firm the requirements of this bylaw otherwise applicable to the Zoning District in which the PRD parcel is located. If a special permit is granted, the Planning Board may impose a condition thereof that installation of municipal services and construction of roadways within the PRD shall comply with the requwaments of the Subdivision Rules and Regulations of the Planning Board. Further,the Regulations of the Planning Board may require sufficient security to ensure compliance with the Subdivision Rules and Regulations,planned recreation facilities and site amenities; and may irnpose additional safeguards pertaining to public safety,welfiare and converniance. 6. Develooment Standards: A. Allowable Parcel Size: For each application filed for a special permit under this section, the applicant must have a contiguous parcel of land, in single or consolidated ownership at the time of application,which is at least tan(10)acres in size. B. Allowable Uses: The following principal uses are allowed in a Planned Residential Development: 1. Single family detached houses; 2. Residential structures with up to five dwelling units per structure, utilizing common wall 3. Church or other religious purposes; 4. Agriculture on parcels greater than five(5)acres; 5. Public parks; 6. Conservation area or land preserved as permanent open space, 91 i 7. Membership clubs for the exclusive use of the residents of the development. C. Dimensional Regulations: Site Plans - Minimum Lot Size: Not Required - Lot Frontage: Not Required - All Yard Setbacks: Not Required - Height Limitation: 30'or 2.5 stories - Distance Between Structures: 50' - Buffer Zone: 50' from the parcel boundary to any structure located within a PRD Development. Said buffer shall remain open without pavement or roadway(s)and left in its natural condition. D. Dimensional Regulations: Subdivisions - Minimum Lot Size: R-I and R-2 21,780 square feet;R-3 12,500 square feet - Lot Frontage: 100'all zoning districts - All Yard Setbacks: 20'(1) - Height Limitation: 30'and 2.5 stories - Buffer Zone:(1993/33) A fifty-foot(50)border from the parcel boundary running the full length of the perimeter of the parcel. No structum shall be built within the Buffer Zane. The Buffer Zone shall remain in its natural state except; 1. trees and/or shrubs may be added to improve the buffer characteristic of the Zone,and 2. roadways perpendicular or nearly perpendicular to the Zone may be installed to access the Site, if approved as part of this PRD Special Permit granted be the Planning Board. Such roadways shall be minimized within the cmtext of sound subdivision planning practices. 1. The structure may be placed upon a side lot lime without a side yard setback, provided that the adjacent lot to which the zero setback is located has the required side yard setback. E. Parking Rew : For all Planned Residential Development off-street parking shall be provided as required by Section 8.1(Off-Straeet Parking). F. Usable Open Space: Usable Open Space shall be defined as the part or parts of land within the PRD which are reserved for permanent open space. This space shall exclude parking areas, but include. required setbacks and walkways. The usable open space shall be open an unobstructed to the sky; however, trees, planting, arbors, flagpoles, sculptures, four ins, swimming pools, atriums, outdoor recreational facilities and similar objects shall not be considered obstructions. I. For subdivision PRD's the minimum usable open space requirements shall be 35% of the total parcel area; and no more than 25% of the total amount of required usable open space shall be wetland. 2. For site planned PRD's, the minimum usable open space requirements shall be 50%of the total parcel area;and no more that 25%of the total required usable open space shall be wetland. All resource area shall be determined by the requirements of M.G.L. Chapter 131, Section 40, and the Town's Wetland Bylaws under this subsection. For all PRD's the Usable Open Space shall be owned in common by and readily accessible to the owners of all the units in the PRD by any of the following groups: I. A non-profit organization or trust whose members are all the owners and occupants of the units, 2. Private organization including but not limited to the Trustees of Reservations or Essex County Greenbelt Association whose primary function is preservation of open space, 3. The Town of North Andover, 4. Arty group as indicated by the Planning Board which exists or is created for the purpose of preserving open space for the owners of the units located in a PRD Project. 92 Further, a perpetual restriction of the type described in M.G.L. Chapter 184, Section 31, (including future arnendments thereto and corresponding provisions to future laws)running to or enforceable by the Town shall be recorded in respect to such land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation. Such restriction shall be in such form and substance as the Planning Board shall prescribe and may contain such additional restrictions on development and use of the Usable Open Space as the Planning Board may dean appropriate. G. Calculation of Allowable Residential Except as noted in Subsection H below,the maximum number of buildable ids in a PRD will be equal to the number of buildable lots which would result from an approved conventional subdivision plan In order to determine the residential density of a PRD, the applicant must submit to the Planning Board a plan which: 1. meets the criteria of a Preliminary Subdivision Plan as defined in Section 3(b)of the"Rules and Regulations Governing the Subdivision of Land,North Andover,Massachusetts"in effect at the time of plan submittal, 2. is fully compliant with the"Zoning Bylaw"in effect at the time of plan submittal,and 3. requires no Zoning variances. The Planning Board will use this plan to determine the mwd urn number of buildable lots.(1994/40) H. Density Bonuses 1. Affordable Housing Bonus For all PRD's the total number of allowable Ids and/or dwelling units may be increased up to 20% if the developer designates at least 30%of the trial number of units for use in conjunction with one or more state or federal housing assistance programs. However, in the instance what the use of federal or state programs are not available to the Housing Audwrity, the Planning Board, after consultation with the Housing Authority, may propose alternative methods of attaining the Affordable Housing Bonus. The developer shall certify, in writing to tine Planning Board that the appropriate number of dwelling units have been set aside and cmveyed to the North Andover Housing Authority (or other actions are required), before the Planning Board shall grant any special permit with density bonus provisions. Further, the developer shall be responsible to work with the North Andover Housing Authority to initiate and conclude occupancy of said units wW m one year of their completion. Failure to do so shall be deemed a violation of the special pamit criteria. The granting of this bonus density shall not exempt the proposed development from any other criteria requited by this section or regulation contained in the Town Bylaws. 2. Offen Space Bonus For multi-family PR17s, the total number of allowable dwelling units maybe increased up to 10% if the proposed PRD provides sixty-five percent(65%)usable open space consistent with the definition of usable open space as provided in this section. The granting of this bonus density shall not exempt the proposed development from any other criteria required by this section. 3. Maximum Density Proposed PRD's may utilize both bonus provisions, i.e. affordable housing and open space, however, the granting of bonus densities shall not exempt the proposed development from any other criteria requited by this section. 93 8.6 Satellite Receiver Discs(1987/83) To restrict the erection and/or installation of satellite microwave receiver discs in residential districts to a ground Level area, to the rear of the rear line of the building,within the side boundary lines of the same building so that it is out of sight from the street. [Note: 8.7 Growth Managanent deleted May 2004 per Article 39.] (2004/39) Section 8.8 Adult Use Zone The Adult Use Zone is herein established as an overlay district and shall be superimposed on the other districts established by this Bylaw. The requirements enumerated for this Adult Use Zone shall be in addition to, rather than in place of,the requirernarts of the other districts. Adult uses may be allowed by Special Permit in the Adult Use Zone,as described below. Adult uses shall be prohibited at any other location in the Town. The following regulation shall apply to Adult Uses as defined m Section 2 of this Bylaw. 1. Boundaries: Boundaries of the Adult Use Zone aro shown on the Zoning Map and shall include the following parcels as identified on the 1995 Assessor's Map:Map 34 Parcels 27 and Map 77 Parcels 3, 12, 13, 148c17. Map 34 Parcel 27 Northerly 250'+/- by Holt Road Easterly 340'+/-by Lot 2 Southerly 240'+/-by City of Lawrance Airport Westerly 330'+/-by Lot 4; Map 77 Parcel 13 Northerly 100'+/-by Holt Road Easterly 370'+/-by Lot 4 Southerly 130'+/-by Parcel 3 Westerly 400'+/-by Clark Streit Map 77 Parcel 14 Northerly 245'+-by Holt Road Easterly 330'+/-by Lot 3 Southerly 250"+/-by Parcel 3 Westerly 370'+/-by Lot 7 Map 77 Parcel 3 Northerly by 410'+/-by Lots 3,4,and 7 Easterly 250'+/-by City of Lawrence Airport Comm. Southerly 465+!-by City of Lawrence Airport Comm. Westerly 460'+/-by Clark Street Map 77 Parcel 12(3 sided lot) Northerly 410"+/-by Parce117 Easterly 270'+/-by Clark Stred Southerly 285'+/-by City of Lawrence Airport Comm;and Map 77 Parcel 17 Northerly 120'+/-by City of Lawrance Airport Comm. Easterly 2 10-+/-by Clark Stred Southerly 410"+/-by Parcel 12 Westerly 590'+Vby City of Lawrance Airport Comm 2. Severs m Distances:Adult uses may not be located: 94 a) within &ve hundred feet (500')of the property line of airy Residential Zoning Districts, church, school,parr or playfield b) wittutt five hundred fat(SOU')of atfia est�ablishrrnent licensed under MGL Ch 138,Sec. 12. use as defined havin; C) within throe hundred fat(300')of any 3. Maximum Usable Fla Ares: With the exception of an adult cabaret or an adult motion picture theater adult uses may not exceed throe thousand five hundred(3,500)square feet of useable floor area. 4. pjdS Req uunents:The following parking requirements shAll aPPIY'. a) Parking shall be provided in the side or finrt yard only. b) All parking area shall be illuminated,and all lighting shall be catained on the Pr OPUtY• C) pinking meas shall be landscaped m canfonranoe with the appropriate"vis'orts of the ming by-law• mina and _ At a aninim m, a fve(5)foot wide landscaped buffer shall be provided along the side and rear prWarty linea of an adult use establisliflu t c=Ntinng of evargr=shrubs or trees rat less than five(5) feet in h6gli at the time of pleating,or a solid fernce not leas than six(6)heat in height. 5. AU building apenirngs, antritis and windows stall be screened w such a nom as to prevent visual access to the Iberia of the esrabb maw by the public. lecards a other 6. No adult use shall be allowed to display far advaris� or odw purpose any *+P line materials to the 8anaral public an the cderior of the building or on the interior where the same Wray be seen through glass or other like trwsparant materiel any WMWa y exphcit figures or words as defined in M.G.L. Sec.31 Ch 272. 7. &W atiao irtFormation:The application for a special permit for an adult use establiWmx t must include the following irdornudim a) Name and address of the legal owner of the estsblishanent, and of the legal owner of the property, m vests m the establishn ot; b) Name and address of allpersons haCrhaving kWfal equity SWUrYd c) Nene and address of the menelger; d) Number of apbyees; e) Proposed pr�ovisxm for security within and without the eatnublishmat; f) The physical layout of the asternia of the astablishmeaL S. sMW permit Cvrwt*mputhontY The Zoning Board of AM"shall be the Special Permit Chanting Audxx*. convicted of violating the provisions of MGL 9. No adult use special permit stall be issued to any Person Ch 119,Sec.63,or MGL Ch.272,Sec.28. hold within sixty-five(65) 10. An adult use special permit shall only be issued following a public bearing days afbar the filing of an application with the special permit Vaating authority, a copy of which shall forthwith be given to the Town Cleric by the applie®t. 11. Special permits for adult uses stall be granted only upon the deoarnnhaton hY ithe Special Permit Granting Authority thud the location and design of the bell ty are m hermoay with its snaramdink and thatsdeWaftsaf•,egwu* exist dwwo liceminst or other means to assure on a oartunuing basis that activities therein will not be patandly contrary to preva7log sarndsrds of adults in the comrnnmiry and will not involve minors in any way. application 12. Any section of this by-law,a portion thereat declared invalid shall not affect the validity or app of the rernainda of the by-law. (Section 8.8 created and approved May 6, 1996 Arunal Town —,Article 22) 95 Seaton 8.9 Wireless Service Facilities 1) Purpose a) It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town or adjacent thereto. No wireless service facility shall be placed, constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority (SPGA). The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placement, construction and modification of wireless service facilities within the town. This bylaw is intended to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environ nettal protection, preservation of the rural character and the provision of adequate infrastructure development in North Andover. b) The regulation of wireless service facilities is consistent with the purpose of the North Andover Zoning Bylaw and planning efforts at the local government level to further the conservation and preservation of developed,natural and undeveloped areas,wildlife,flora and habitats for endangered species; protection of the natural resources of North Andover,enhancement of open space areas and respect for North Andovees rural character. 2) Definitions: a) Above Ground Level (AGL). A measwwnent of height from the natural grade of a site to the highest point of the structure. b) Above Mean Sea Lewd (AMSL). A uniform point from which height above sea level (or zero elevation)can be measured. c) Anteumn.The surface from which wireless radio signals are sent and received by a wireless service facility. d) Camouflaged. A wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be"camouflaged." e) Carrier.A company that provides wireless services. n Co-location. The use of a single mount on the ground by more than one carrier (vertical co- location)and/or several mounts on a preexistent building by more than one carrier. g) Cross-pobuized (or dual-polarrind) antenna. A.low mount that has three panels flush mounted or attached very close to the shaft. h) Elevation.The measurement of height above mean sea level. i) Environmental Assessment (EA). An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless service facility is placed in certain designated areas. j) Equipment Shelter. An enclosed, structure cabinet, shed or box at the base of the mount within which arc housed batteries and electrical equipment. k) Functionally Equivalent Services. Cellular, Personal Communication Services (PCS), Enhanced Specialized Mobile Radio,Specialized Mobile Radio and Pagun$• n GPS. Ground Positing System by satellite location of antennas. m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables. 96 n) Lattice Tower. A type of mount that is self-supporting with multiple legs and cross bracing of structural steel. o) Licensed Carrier. A Company authorised by the FCC to construct and operate a commercial mobile radio service system. p) Monopole. The type of mount that is self-supporting with a single shaft of wood steel or concrete and a platform(or racks)for panel antennas arrayed at the top. q) Mount. The structure or surface upon which antennas are mounted, including the following four types of mounts: (1) Roof Mounted: Mounted on the roof of a building. (2) Side-mounted: Mounted on the side of a building (3) Ground-mounted: Mounted on the ground. (4) Structure-mounted:Mounted on a structure other than a building. r) Onsidirectlood(wrap)eutenua. A thin rod that beams and receives a signal in all directions. surface antenna usually developed in multiples. s) Paoei Atteaeaa.A flat 11y bped p t) pCS. Co=nunicatiow Services.These are broadband md'aowave system that operate at a radio frequency in the 1850- 1900 mepdiertz range. u) Rodiolk"umq(RF)Eagbieer.An engineer specializing in electric or microwave engineering, especially the study of radio frequencies. v) Radlea"ueacy Radiatba(RFR).The emissions from wirobas service facilities as defined in the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation(FCC Guidelines)or any other applicable FCC guidelines and regulations. w) Security Barrier. A locked inmpeaetrable wail,fence or berm that completely seals an area fromn unauthorized entry or trespass. x) Separation. The distances between one array of antennas and another array. y) UtUft.A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services(both audio and video)between generating stations, sub-stations, and transmission lines or other utility services. z) Winless Service Facility.Facilities used for the principle purpose of commercial or public wireless communications uses, such as cellular telephone services,enhanced specialized mobile radio services, microwave communications,wireless communications services, paging services and the like,as defined in Section 704 of the Federal Telecommunications Act of 19%,as amended. Such facilities shall include towers, antennae,antennae support structures,panels, dishes and accessory structures. aa) Wireless Services. The three types of services regulated by this Bylaw.commercial mobile radio services, unlicensed wireless services,and common carrier wireless exchange access services. 3) District Regulation a) Use Regulation: A wireless service facility shall require a building permit in all cases and may be pamitted as follows: i must demonstrate that the facility is in order to to service aY y Provide adequate to the public. ii) A wireless service facility may locate as of right on any existing guyed tower, lattice tower, monopole or electric utility transmission tower for which a special permit issued under this Section 8.9 is in effect, provided that the new facility shall first obtain site plan review approval from the Planning Board and, provided finrther that any new facility shall not exceed the terms and conditions of the special peerrnit in effect for the existing facility on which it is to be located 97 iii) No wireless service facility shall be located in the Town except upon issuance of a special permit in accordance with Section 10.3 of this Bylaw. Such a facility may be located in any zoning district in the Town, provided that the proposed facility satisfies all of the requirements set forth in this Bylaw. b) Location: Applicants seeking approval for wireless service facilities shall comply with the following: i) If feasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures, preexistent telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of preexistent telephone and electric utility structures as sites for one or more wireless service facilities. The applicant shall have the burden of proving that there are no feasible preexistent structures upon which to locate. ii) If the applicant demonstrates to the satisfaction of the SPGA (Special Permit Granting Authority)that it is not feasible to locate on a preexistent structure, wireless service iii) facilities shall be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings(as indicated through site plan review), and placement within trees. iii) The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or Special Permit. c) Dimensional Requirements: Wireless service facilities shall comply with the following requirements: i) Height, General Regardless of the type of mount, wireless service facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a wireless service facility shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height. U) Height, Ground-Mounted Facilities Ground-mourned wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet; these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level(AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may exist or may be planted on site. iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten(10)feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally non- conforming with the respect to height, provided that the facilities do not project above the existing building height. iv) Height, Preexistent Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as 98 a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles. v) Setbacks All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed. (1) In order to ensure public safety, the minimum distance from the base of any ground- mounted wireless service facility to any property line, shall be 2x the height of the facility/mount, including any antennas or other appurtenances. This set back is considered the "fall zone". A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types. (2) In the event that a preexistent structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non-conforming structures, wireless service facilities and their equipment shelters shall not increase any non-conformity. 4) Design Standards a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows Q Camouflage by Eristing Buildings or Structures (1) When a wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexistent architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. (2) Wireless service facilities which are side-mounted shall blend with the preexistent building's architecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building. iii) Camouflage by Vegetation. If wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to crate an effective year-round visual buffer. Ground-mounted wireless service facilities shall provide year-round vertical evergreen vegetated buffer of 50 feet, or 75%of the overall height of the structure, in all directions. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Vegetation should be natural in appearance and consistent with surroundings. iii) Color (1) Wireless service-facilities,which are side-mounted on buildings,shall be painted or constructed of materials to match the color of the building material directly behind them. (2) To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it,they must be painted in a light gray or light blue hue which blends with sky and clouds iv) Equipment Shelters Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards: (1) Equipment shelters must be located in underground vaults;or (2) designed consistent with traditional materials, color and design of the area, or (3) camouflaged behind an effective year-round landscape buffer,equal to the height of the 99 proposed building, and /or wooden fence acceptable to the permitting authority b) Lighting and signage i) Wireless service facilities shall be lit only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities onsite shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and foot-candle measurements at the property line shall be 0.0 initial foot- candles when measured at grade. ii) Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No tower or other facility shall contain any signs or other devices for the purpose of advertisement. All signs shall comply with the requirements of Section 6; Signs and Outdoor Lighting Regulations of this bylaw. iii) All ground mounted wireless, service facilities shall be surrounded by a security barrier and shall be protected against unauthorized climbing or other access by the public. c) Historic Buildings i) Any wireless service facilities located on or within a historic structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building. ii) Any alteration made to a historic structure to accommodate a wireless service facility shall be fully reversible. iii) Wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district. iv) The Historic District Commission must review all appropriate facilities: d) Scenic Landscapes and Vistas i) No facility shall be located within 300 feet of a Scenic Road. If the facility is located farther than 300 feet from the scenic road,the height regulations described elsewhere in this Bylaw shall apply. ii) Wireless service facilities shall not be located within open areas that are visible from public roads,recreational areas or residential development. As required in the Camouflage section above, all ground mounted wireless service facilities that are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth. e) Environmental Standards i) Wireless services facilities shall not be located in wetland resource areas. Locating of wireless facilities in wetland buffer areas shall he avoided whenever possible and disturbance to wetland buffer areas shall be minimized. All Conservation Commission regulations and procedures must be followed. ii) No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site,there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110%of the volume of the hazardous materials stored or used on site. Applicant must comply with all federal, state and local regulations governing hazardous materials. iii) Storm water run-off as a result of the wireless facility shall be contained on-site and comply with the DEP Storm Water Management regulations as applicable. iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier. v) Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna. 100 Safety Standards i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. ir) Structural Integrity. The applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility. 5) Application Procedures a) Special Permit Granting Authority (SPGR). The Special Permit Granting Authority(SPGA) for wireless service facilities shall be the Planning Board. b) Pre-Application Conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. c) Pre-Application Conference Filing Requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed wireless service facility. As such, no formal filings are required for the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility,as well as its scale and overall design. d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities: i) General Filing Requirements (1) Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co-applicant. (4) Original signatures are required for the applicant and all co-applicants applying for the Special Permit. If an agent represents the applicant or co-applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with. ii) Location Filling Requirements (1) Identify the subject property by including the name of the nearest road or roads, street address,and Assessors Map and Parcel number of subject property (2) Identify the Zoning District designation for the subject parcel. Submit a copy of Town zoning map with parcel identified. (3) A locus map at a scale of 1"= 1500' showing the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown. (4) A map showing the other preexistent and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary. (5)GPS all equivalent system locating by latitude and longitude wireless service facilities iii)Siting Filing Requirements. A ono-inch-equals-40 feet plan prepared by a Registered 101 Professional Engineer in the Commonwealth of Massachusetts showing the following: (1) Property lines for the subject property. (2) Property lines of all properties within 300 feet of the proposed location. (3) Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height. (4) Outline of all existing buildings, including purpose(e.g. residential buildings, garages, accessory structures, etc.)on subject property and all properties adjacent to the subject property. (5) Proposed location of antenna, mount and equipment shelter(s). (6) Proposed security barrier, indicating type and extent as well as point of controlled entry. (7) Location of all roads,public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the wireless service facility. (8) Distances, at grade, from the proposed wireless service facility to each building on the vicinity plan. (9) Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. (10)All proposed changes to the preexistent property, including grading, vegetation removal and temporary or permanent roads and driveways. (11) Representations, dimensioned and to scale,of the proposed mount, antennas, equipment shelters, cable runs,parking areas and any other construction or development attendant to the wireless service facility. (12) Lines representing the sight line showing viewpoint(point from which view is taken) and visible point(point being viewed)from 'Sight Lines"subsection below. (13) Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission. iv) Sight tinea and photographs as described below: (1) Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building(viewpoint) within 300 feet to the highest point(visible point)of the wireless service facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all intervening trees and buildings. In the event there is only one(or more)residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any. (2) Preexistent(before condition)photographs. Each sight line shall be illustrated by one four inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 300 feet. (3) Proposed (after condition) photographs. Each of the preexistent condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed wireless service facility is built. (4) Siting elevations or views at-grade from the north, south, east and west for a 50-foot radius around the proposed wireless service facility plus from all preexistent public and private roads that serve the subject property..Elevations shall be at either one-quarter inch equals one foot or one-eight inch equals one foot scale and show the following: (a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and 102 average ground level (AGL) of the highest point. All future proposed antennas, mounts and equipment shelters if any must be shown in order to be included in the Special Permit. (b) Security barrier. If the security barrier will block views of the wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier. (c) Any and all structures on the subject property. (d) Preexistent trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation,with approximate elevations dimensioned. (e) Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours AMSL. v) Design Filing Requirements (1) Equipment brochures for the proposed wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters,cables as well as cable runs, and security barrier, if any. (2) Materials of the proposed wireless service facility specified by generic type and specific treatment (e.g. anodized aluminum stained wood, painted fiberglass, alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (3) Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters,cables as well as cable runs,and security barrier, if any. 4) Dimensions of the wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any. (5) Appearance shown by at least two photographic superimposition's of the wveless service facility within the subject property. The photographic superimposition's shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. (6) Landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species. (T) During the public hearing process the applicant shall schedule with the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility. (8) If lighting on the site is required by the FAA, the applicant shall submit a manufacturers computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five(25) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed. vi)Noise Filing Requirements (1) The applicant shall provide a statement listing the preexistent and maximum future projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following: (a) Preexistent or ambient: the measures of preexistent noise (b) Preexistent plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. 103 (c) Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet DEP requirements and Section 8.9(4xe). Vii) Radiofrequency Radiation(RFR) Filing Requirements (1) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, including FCC Radio Frequency Emissions standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies; power levels will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary, field verification. The Permit Granting Authority may condition any Special Permit granted under this section upon a periodic submittal of certification of compliance with said standards. (2) In order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and maximum future projected measurements of RFR from the proposed wireless service facility, including all co-locators, for the following situations: (a) Preexistent or ambient:the measurement of preexistent RFR. (b) Preexistent plus proposed wireless service facilities: maximum estimate of RFR from the proposed wireless service facility plus the preexistent RFR environment. (c) Certification, signed by a engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards sub- section of this Bylaw. (3) Applicant must submit a copy of the letter from the Massachusetts Department of Public Health approving the site for this facility as required by 105 CMR 122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions. vw'} Federal Environmental Filing Requirements (1) At the time of application filing, an Environmental Assessment (EA)that meets FCC requirements shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC (2) The applicant shall list location, type and amount (including radiation trace elements) of any materials proposed for use within the wireless service facility that are considered hazardous by the federal, state or local government. ix) Waiver. The SPGA may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility. 6) Co-location a) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are stand-alone facilities. All applicants for a Special Permit for a wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes: i) A survey of all preexistent structures that may be feasible sites for co-locating wireless service facilities; ii) Contact, with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts;and iii) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. 104 b) An Applicant shall demonstrate to the Planning Board that it has made a good faith effort to co- locate its facility upon an existing facility. The Town may retain a technical expert in the field of RF engineering and/or a structural engineer to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Town may deny a Special Permit to an applicant who has not demonstrated a good faith effort to provide for co-location, c) If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies that show the final appearance and operation of the wireless service facility at full build-out. d) If the SPGA approves co-location for a wireless service facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Pursuant to Section 8.9(3) Regulations facilities specified in the Special Permit approval shall require no further zoning approval. However,the addition of any facilities not specified in the approved Special Permit shall require a new Special Permit. This allows a carrier to"pre-permit" a site for additional facilities so that they will not have to apply for another Special Permit later. e) In order to determine compliance with all applicable FCC Regulations,estimates of RFR emissions will be required for all facilities, including proposed and future facilities both for the applicant and all co-locators. 9) Modifications a) A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility and will require a Special Permit when the following events apply: i) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing. ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by changing the wireless service facility in one or more of the following ways: (1) Change in the number of facilities permitted on the site; (2) Change in technology used for the wireless service facility. 8) Monitoring and Maintenance a) After the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RER measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4xcx1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. b) After the wireless service facility is in operation the applicant shall submit to the SPGA; within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Spacial Permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 6.13.14.5 of this Bylaw c) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer and landscaping. 105 d) Failure to obtain the information required in this subsection 8.9(8) of the Bylaw shall result in a fine of not more than $300 dollars for each offense. Each day that such violation continues shall constitute a separate, offense. 9) Abandonment or Discontinuation of Use a) At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the Town by certified US mail of the proposed date of abandomnent or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service facility shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove"shall include,but not be limited to: i) Removal of antennas, mmwt, equipment shelters and security barriers from the subject prey. ii) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless service facility to its natural condition, except that any landscaping and grading shall remain tfie after-con ion. c) As a condition of any special permit for the placement, construction or modification of a wireless service facility, a carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shaU be certified by an engineer,architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has ban abandoned or discontinued. In the evert the posted amoumt does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) A facility s611 be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six(6)months or more. Once abandon neat or discontinuance has occurred, the carrier shall remove the facility from the subject property within ninety days. In the evert that the carrier fails to remove the facility, the town shall give notice to the carrier and the independent escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. e) Failure to follow the provisions of this subsection 8.9(9) shaU result in a fine of not more than $300 dollars for each offense. Each day that such violation continues shaU constitute a separate offense. 10) Recoastraction or Repdmeement of Existing Towers and Monopoles a) Guyed towers, lattice towers, utility towers and monopoles in adoerice at the time of adoption of Section 8.9 this Bylaw may be reconstructed, altered, extended or replaced on the same site by Special Permit, provided that the SPCA fads that such reeonstruetioa, ahemtion, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the preexistent non-conformimg structure. In making such a ddermi nation, the SPGA shall consider whetter the proposed reconstruction, alteration, extension or replacement wiU create 106 public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts. 11) Performance Guarantees a) Insurance in a reasonable amount determined and approvedby shall be in fore to cover to expense of the applicant with one(1)or more insurance pa niesdamage from the structure,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special per•with the standards of the Federal c) Annual certification demonslratin6 cor►tmuu►8P Administration and the American National Communications Commission,Federal Aviation Standards Institute shall be filed with the SPGA by the Special Permit holder. 12)Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three(3)years. may be renewed under the same criteria as the original special permit, The special permit y made Prior to the provided that the application for renewal of the special permit��• clonal measures expiration date of the original or any renewed special permit. Additional governing the administration of the special permit are found in Section 10.3 of this Zoning Bylaw(1998/36). Section 8.10 Lot/Slope Requi remens ions of this Section 8.10 1. Lot/Slope Requiremmis:In the residential zoning districts the follooving provisions shall aPP a and enhance the landscape by a. . The purpose of this bylaw is to preserve encouraging the maximum retention of natural topographic features, such as drainage swales, streams,slopes,ridge lines, rock outcroppings,vistas,natural plant formations and trees;to minimize water runoff and soil-erosion problems incurred in grading of steep slopes;to encourage innovative architectural, landscaping, circulation and site design. For of this subsection,the term"natural" ll be defined as the condition of the the purposes of "ll surface as it exists at the time a subdivision or development is proposed any man-made aherations such as grading.excavation or filling which may have occurred prior to the time such subdivision or development is submitted. No land intended for p or filled in such manner'as to circumvent this subdivision or development may be regraded bylaw b. Prorisiod: The provisions of this Subsection 8.10 shall not apply to building lots in a definitive subdivision plan submitted in accordance with M.G.L.Chapter 41 in order to obtain the protections afforded by M.G.L.Chapter 40A,Section 6. C. 1Defin*the Slope: The slope of land at any point,stated as a percentage,shall be defined as the change in elevation over a horizontal distance measured perpendicular to the contours divided by the distance over which the change occurs multiplied by 100. The slope of land at any point,may be stated as a ratio(2:1,3:1,4:1, etc.). The first number of the ration indicates the horizontal distance and the second number indicates the vertical rise. 107 d. Undisturbed Slopes: All natural slopes exceeding 33% (3:1)over a horizontal distance of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for subdivision or on a building lot are protected and shall remain undisturbed. e. Slope Exclusion for Minimum Lot Area Calculation: All areas with natural slopes exceeding 33%(3:1)over a horizontal distance of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for subdivision or development, or on a lot intended for building purposes, shall be excluded from the calculation of the minimum lot area required for the applicable zoning district. f. The Planning Board may grant a special permit for exemption from the provisions of this section if, in the Board's opinion,the proposal satisfies the purposes of Subsection 8.10.La above. In cases where the proposal includes disturbing or creating slopes exceeding 33%, the request for special permit must be accompanied by: i) A geotechnical report prepared by a registered professional civil engineer in the Commonwealth of Massachusetts that recommends methods for slope stabilization. ii) A commitment from the applicant to fund construction inspection services of a geotechnical engineer. 108 SECTION 9 NON-CONFORMING USES 9.1Non-Conforming Uses Any nm_codmn ng building,structure,or use as defined herein,which lawfully existed at the time of passage of prior b Law or any amendment thereto may be continued subject to the the applicable provision of this or any p Y provisions of thisnon-conformin Bylaw. Any lawfully non-codorming building or structure and any lawfully g use of building or land may be continued in the same kind and manner and to the same extent as at the time it became lawfully non-conforming,but such building or use shall not at any time be changed extended or enlarged except for a purpose permitted in the zoning district in which such building or use is situated,or except as may be permitted by a Special Permit or otherwise by the North Andover Board of Appeals. Preexisting non-caiorining structures or uses, however, may be extended or altered, provided that no such extension or alteration shall be permitted unless there is a findmg by the Board of Appeals that such change, extension, or alteration shall that be substantially more detrimental than the existing non-conforming use to the neighborhood. When a pre-existing structure has been made nonconforming due to changes in the lot size required by this bylaw,such structure may be extended or altered based on a finding by the Zoning Enforcement Office'that such structure after the change meets all current zoning requirements except for lot size.(1995/43) 9,2 Alteration or Extension of this Bylaw but which did conform A use or structure housing a use,which does not conform to the regulations to all applicable regulations when initially established shall not be changed, extended or enlarged except in accordance with the following provisions: 1. Such change shall be approved by a Special Permit or otherwise by Appeals the Board of • 2. Such change shall be permitted only upon the same lot occupied by the nonconforming use on the date that it became non-conforming. use shall not exceed an aggregate of more 3. Any increase in volume,area,or extent of the non-conforming than twenty five percent(25%)of the original use. 4. No change shall be permitted which tads to lengths►the econanic hfe of the nonconforming longer than a period reasonable for the amortization of the initial mvestmei . 93 Pre-Existing Non-conforming Single Family Residential Stiructures and Uses in the Residential 1,Residential 2,Residential 3,Residential 4 and Residential 6 Districts: a. Pre-existing Non-conforming Sinak Famft Stroctor+es Pro-existing non-conforming single family residential structures in the Rl, R2, R3, R4 and R6 Districts, may be changed, extended or altered, provided that there is a finding by the Zoning Enforcement Officer (Building g Commissioner) that such change, extension, or alteration shall not render the structure more non- conforming than the existing structure. Upon such determination, a building permit may be issued where applicable. The following circumstances shall be deemed not to increase the nonconforming nature of said structure: 1. Alteration of a structure which complies with all current yard setbacks, building coverage, and building requirements but is located on a lot with insufficient area, where the height structure after alteration will comply with all of current Bylaw requirements except for lot area. 2. Alteration to a structure which complies will all current yard setbacks, building coverage, and building height requirements but is located on a lot with insufficient frontage, where the structure after alteration will comply with all of current Bylaw requirements except for frontage. 3. Alteration to a structure which encroaches upon one or more required yard setbacks, where the structure after alteration will comply with all current bylaw requirements except for yard 109 it i TABLE 2 SUMMARY OF DIMENSIONAL REQUIREMENTS Res. Res.. Rom. Roo. VII Rose. �Rse. &w Bus. &a. Sta. villa" PCO GOfWal Ind. Ind. Ind. Ind. (14) (6)(T) 4— 2 3 Lot Area (7) Min.S.F. 87,120 43,580 25,000 12.500 43,560 43,560 1 130,680 25,000 25,000 120,000 80.000 90,000 150,000 25,000 80,000 90,000 435,600 50,000 Height - Max(ft) 35 35 35 35 35 35 35 35 35 35 ao 40' 35— 45 55 55 55 55 96il F (13) (13) Min(ft) 175 150 125 100 85 150 150 125 125 300 200 200 300 125 150 150 150 150 Front Setback (8) —0) Min.(ft) 30 30 30 30 25 _--3.0— 25 30 25 100 so 50" 100 25 50 so 100 30 Bide Setbar�c (2) (2) (3) (3) (2) (3) (3) (10) (2) Min.(11) 30 30 20 15 15 25 15 20 25 50 50 25" 50 25 50 50 200 20 (2) (2) (3) —00)-—(2) Raw Min(ft) 30 30 30 30 30 30 30 30 30 so so 25— so 35 50 so 200 30 Ratio Max. WA NIA 0.75:1 0.25:1 0.30:1 0.75:1 0.40:1 1.50:1 WA 0.75:1 N/A 0.50:1 0.50:1 0.50:1 0.50:1 Lot Coverage Max N/A WA WA N/A N/A 20% 20% 30% 35% 30% 25% 25% 25% 35% 35% 35% 35% 35% (12) (12) (12) Density MaWAcre NIA N/A N/A N/A Ilwm Multi-Fonly Glacre N/A WA N/A WA N/A N/A N/A N/A NIA N/A N/A Townhotme Open Space 25%.." -fv;&it—Ojai jjcj to wmW 4011. Refer to Sectio_ns 8.1 (13)and 8.4(6) detANed District Use ReguWJDM Pbsse refer to footnotes for additional Ir Vmw4dbon 1 In An district except Villaee Commercial,front setbacks along Route 114 steal!be a minQnun of 1001. Front setbacks shall be 100' along 125 in Industnal 1 and 2 Districts; the first 50' o from setbacks under this requaemerrt shad be made to provide an effective visual buffer and nc parking shall be permuted. Z. Adjacent to residential district,an additional 15 foot sick or trar setback shall be required. The first 15 The of the total setback ming the residatial district shall remain open and green be suitably bmd=lped, unbugt upon, unpaved and not parked upon. In the Business 2 District; the side yard requv==O may be elkninated when tvw(2)adjoining property owners agree to share a party wall. 3. Adjacent to residential districts, the required side or tzar setback shall be 100 feet. The first 50 feet of such setback abutting the residential district shall re num open and green, be suitably landscaped, unbmlt upon,unpaved and not parked upon. 4. If an enclosed perkhrg stntcmm is provided,lot covmage may be wed up to the amount of such parking area but not a total coverap of 45,119. 5. jv�tn lot size for a townhouse compkx shell be 43,560 square feet although individual townhouse lots tray be a minim of 3,000 square feet. N nium lot size for an apartment rbc shall be 60,00 square feet. 6. Dimensional regulations for townhouse complezes shall meet the rzquirmwit of the Residence 5 District;amdiMual townhouses within the cornphm.however,shalt be regulated as follows: mbd man Street Frontage: 18.Feet Nfmjm�m Front Setback: 30 Feet Metra Side Setback: None required where a party wall is cored between units; otherwise a 25 foot side setback shall be provided Nfmimum Rear Setback 30 Feet Mardrrnan Floor Area Ratio: 1.20:1 T4aximum Lot Contiguous Units: 10 C 7. be following additional requbvnents shall apply when apm nrents or townhouse complexes are constructed in this district: a. Thede shall be a paved driveway or paved walk adequate to accommodate emergency vehicles within 50 feet of the outside entrance of each dwelling unit. FN 1 b. Any road providing access to townhouses or lots intended for townhouse; conform to the Subdivision Control Regulations of the PWmmg Board. C. Any road providing access to more than I8 apartment dwelling units or more than parking spaces shall conform to appropriate provisions of the Subdivision Contr Regulations as if it were a minor residential street Before issuing a building perrnit such cases, the Building Inspector shall obtain a report from the Planning Board on tt j extent of such conformity. d. Maxmatan height(apartn mt building): 401zxL C. Maximum stories oflivinmg quarters(apartment building): 3. £ Maximum units per structure(apartment bm7dW: 18 i S. In Residence 4 Districts only,front setback may be the average of afi front setbacks of dwelling units within 250 feet on-either side of lot. Bu�7dnngs on comer lots shall have the required front setback from both streets except.in the Residence 4 Districts, whet setback from the side street shall be a n of20 feet. 9. Nursing and convalescent bomes shall have at least 600 square foot of lot area per bed. MaIIrnum lot size for such homes in R 1.R 2,and R 3 Districts shalt be 2 acres. 10. Where a public sanitary disposal site is the prinnary use, the setback area shalt be used' provide a screening,natural or artificial.frosni adjacent rrsidentW use of public roadway. 11. Where a public sanitary disposal site is the primary use, an increase up to 1000% of the lot coverage shaD apply,not including the setback areas. 12. If multi-Family structure are selected to attain the maxaman density allowed, the proposed project shall be subject to the=mnum open space regwrenznts found in Section 8.5 (Plan-ad Residential Development).and to the site plan review mpiimments of Section 8.3. In the instance where no public sewer service is provided and there is no private sewer system acceptable to the Town, the allowed density in the Village Residential Zone-shall be one dwelling unit per acre and said dwelling and associated lot shall conform to all the regulations consistent with development in the R-2 Zone. Further, under no circumstances shall multi-fi m* development be allowed in the Village Residential Zone, regardless of density, without the provisions of public sewer or a town approved and accepted private sewer system. 13. In instances where a lot fronts on Route 114, for purposes of public safety, the required lot frontage shah be 250 feet. 14. T1x dirnensional criteria described in the table below applies only to detached single family development. Muni-family structures developed in this district shall be subject to all criteria FN 2 1 • livable to mufti-farrulY develop�� � wed in Section 8.5. However, inno instances subsections of Sidon 8.5 apply in the Village Residtr�isl District. shall the bonus�•�' - regulations set forth in Section 103 and 1031 of this 1 S. 1n aa:ordsace with PTOOdtu+a , n*00tted to increase the allowed Floor Area Bylaw,an app D° aspec�P errW 030: vi that at lean 5.000 sq. ft. (e�octodin6 Ram O from 025:t to 1 pm basemn &d of the restiltittg oss floor area be deeded to the Town for public use purposes; the at'least 2,500.sq. $. of said area be located at stre:t burl, and that the entire square vWhnM of bo mem, deeded to the Town be supported with pig spaces at the rate of one spec:per 250 squme imet �g be t with the defirtitiost of nod*open space as commined in Section 16. Open� 5£ Usable Dpen Speee no beft miss shad be allowed on the usable open 8.5, mryd f be calc aulated as part ofthe usable open Al requaeiz m n a rear,and side Yard requi=gnts aooe qn fK space be las flan 15 feet in width. space,but hbr open space Ad be a wetland area, Fidther, no moae thm stmdng waterbodies 3W be • of the m part of.the mq� opm and no Perm or spwe- 17. V111890 Commereiat Dimessiooal Rsgoireaaests Setbacks wtbacks have beaen ddamed and ngpd in such a way as to promott a qn&Y which lads A=Vto the surrounding eomRnaaty in an unobstructive non 11 esdevelopment . AL Front ks for along Route 114 sku be a noQmt�an of 50', all of which shalt be used as an effective vmW Wft No p kig shill be allowed within that 50' buffer. Any roadways or drives wdm that 50'buffer shall be as necessary for access o*. setback stroll be 40', with the first b, When adjacatt to a DvW Pkmx g Hoard amY allow the m as District to be reduced to 25' providing that n>inarnan setback adjacent w a Residentml the maim= height of the proposed structure be 25, not to v=ed one (1) AM- Furthm, for every 1 toot that the smLtm is moved closer than 40' to the Residentml Property Line the &wed height of the sttvetuire shall,be reduced by 1 foot (See Diavm 1). In no k5tvwes shall a structure be closer d W 2510 a side or tear sctbsck. Any roadway or drives within those setbacks shall be as necessary for access ordy FN 3 RECEIVED COMMONWEALTH OF MASSACHUSETTS4)0yCE BRADSHAW LAND COURT DEPARTMENT �' R ._ ESSEX, ss. MISC. CASE NO. 1 Alli K BENJAMIN G. FARNUM, ) Plaintiff ) V. ) ELLEN MCINTYRE, JOSEPH D. LAGRASSE, RICHARD J. BYERS, ) ALBERT P. MANZI, III, AND THOMAS D. IPPOLITO, AS THEY ) CONSTITUTE THE NORTH ANDOVER BOARD OF APPEALS, ) KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, ) Defendants. ) NOTICE OF APPEAL (PETITION 2005-017) Pursuant to the provisions of G. L. c. 40A, §15, Benjamin G. Farnum hereby gives this Notice of Appeal of North Andover Board of Appeals Decision (Petition 2005- 017). As grounds therefore, Farnum states that the Board of Appeals exceeded its authority in granting the relief'requested by the Applicant Key Lime, Inc. and that the Decision is unreasonable, arbitrary and capricious. Respectfully submitted, r Benjamin G. Far By his attorney, Francis i ,'�sgt�ire BBO W Murtha Cullina LLP 600 Unicorn Park Drive Woburn,MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 COMMONWEALTH OF MASSACHUSETTS OS MtSC 312326 AUG LAND COURT 2005 LG f 5 Aad {!• C 8 DEPARTMENT OF THE TRIAL COURT TOP OF NORTH AN":C►;/'D CIVIL ACTION MASSACHUSETTS NO. 05 MISC 312326 V v j� ►J Benjamin G . Farnum , Plaintiff(s) Ellen McIntyre, Joseph D . Lagrasse , Richard J . Byers , (Z •,° Albert P . Manzi, III and Thomas D . Ippolito , as they constitute the North Andover Board of Appeals , -avid R . Webster ,Defendant(s) -� w Key Lime, Inc . afid the Townoof North Andover. 0 SUMMONS o � w � To the above-named Defendant: Town of North Andover w You are hereby summoned and required to serve upon Francis A. D i L u n a, Esquire ¢, U o Murtha Cullina, LLP „ 600 Unicorn Park Drive , Woburn, MA 01801 Plaintiff's attorney, whose address is , an answer 3 to the complaint which is herewith served upon you,within 20 days after service of this summons upon you, o exclusive of the day of service. If you fail to do so,judgment by default will be taken against you for the o � relief demanded in the complaint. You are also required to file your answer to the complaint in the office of t he Recorder o f t his c ourt a t 2 26 C auseway S treet, B oston, M A 0 2114 a ither b efore s ervice u pon plaintiff's attorney or within a reasonable time thereafter. NL L 3 a Unless otherwise provided by Rule 13(a),your answer must state as a counterclaim any claim which ao you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter o a of the plaintiff's claim or you will thereafter be barred from making such claim in any other action. G O . cC O ° Witness, KARYN F. SCHEIER, Chief Justice, at Boston, August 12th [ ' � O y i s 2005 F � Z L F: o g � z � � L �JJ W o Q 0' �✓ o Recorder U T c NOTES 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. O 's 0 z '„ y 2. When more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant. 3.TO PLAINTIFF'S ATTORNEY:PLEASE CIRCLE TYPE OF ACTION INVOLVED (1) EQUITY—(2)OTHER LCS-4(01/03 RECEIVED COMMONWEALTH OF MASSACHUSETTS iCYC"R DSHAW LAND COURT DEPARTMENT `# R' •• ESSEX, ss. MISC. CASE NO. BENJAMIN G. FARNUM, ) Plaintiff ) V. ) ELLEN MCINTYRE, JOSEPH D. LAGRASSE, RICHARD J. BYERS, ) ALBERT P. MANZI, III, AND THOMAS D. IPPOLITO, AS THEY ) CONSTITUTE THE NORTH ANDOVER BOARD OF APPEALS, ) KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, ) Defendants. ) NOTICE OF APPEAL (PETITION 2005-017) Pursuant to the provisions of G. L. c. 40A, §15, Benjamin G. Farnum. hereby gives this Notice of Appeal of North Andover Board of Appeals Decision (Petition 2005- 017). As grounds therefore, Farnum states that the Board of Appeals exceeded its authority in granting the relief requested by the Applicant Key Lime, Inc. and that the Decision is unreasonable, arbitrary and capricious. Respectfully submitted, Benjamin G. Fare /- t By his attorney, Francis i ,tsgUire BBO Murtha Cullina LLP 600 Unicorn Park Drive Woburn,MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 Co p� COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT ESSEX, ss. CASE NO. BENJAMIN G. FARNUM, ) Plaintiff ) V. ) ELLEN MCINTYRE, JOSEPH D. LAGRASSE, RICHARD J. BYERS, ) 3x ALBERT P. MANZI, III, DAVID R. WEBSTER AND ) Cnw sem. a► THOMAS D. IPPOLITO AS THEY CONSTITUTE THE NORTH ANDOVER BOARD OF APPEALS, ) � :< KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, ) M(n-" Defendants. ) .. cs c� co rpt COMPLAINT (Amended to include Member David R. Webster) INTRODUCTION Plaintiff Benjamin G. Farnum brings this action pursuant to the provisions of G. L. c. 40A, §3 appealing the decision of the North Andover Board of Appeals granting a dimensional variance to Key Lime, Inc. PARTIES 1. Plaintiff Benjamin G. Farnum (hereinafter referred to as "Farnum") is a natural adult person having a principal place of residence at 397 Farnum Street, North Andover, Essex County, Massachusetts. 311240v1 1 2. Defendant Ellen McIntyre ("McIntyre") is an adult natural person having a principal place of residence at 23 Tanglewood Lane, North Andover, Massachusetts. Defendant McIntyre is a duly appointed member of the North Andover Board of Appeals. 3. Defendant Joseph D. LaGrasse, ("LaGrasse") is an adult natural person having a principal place of residence at 40 Sugarcane Lane, North Andover, Essex County, Massachusetts. Defendant LaGrasse is a duly appointed member of the North Andover Board of Appeals. 4. Defendant Richard J. Byers ("Byers") is an adult natural person having a principal place of residence at 97 Forest Street,North Andover, Essex County, Massachusetts Defendant Byers is a duly appointed member of the North Andover Board of Appeals. 5. Defendant Albert P. Manzi, III ("Manzi") is an adult natural person having a principal place of residence at 1028 Salem Street, North Andover, Essex County, Massachusetts. Defendant Manzi is a duly appointed member of the,North Andover Board of Appeals. 6. Defendant David R. Webster ("Webster") is an adult natural person having a principal place of residence at 338 Abbott Street, North Andover, Essex County, Massachusetts. Defendant Webster is a duly appointed member of the North Andover Board of Appeals. 7. Defendant Thomas D. Ippolito ("Ippolito") is an adult natural person having a principal place of residence at 338 Abbott Street, North Andover, Essex County, Massachusetts. Defendant Ippolito is a duly appointed member of the North Andover Board of Appeals. 311240v1 2 8. Defendant Town of North Andover is a duly formed municipal corporation pursuant to the General Laws of the Commonwealth of Massachusetts and conducts its principal business from North Andover Town Hall at 120 Main Street, North Andover, Massachusetts. 9. Key Lime, Inc., is a duly incorporated corporation pursuant to the General Laws of the Commonwealth and has a business address at 60 Beechwood Drive, North Andover, Essex County,Massachusetts. Key Lime, Inc. is sometimes referred to herein as the Applicant. FACTS 10. Key Lime, Inc. caused to be prepared and caused to be filed with the North Andover Board of Appeals a Request For Dimensional Variance from Section 8, Paragraph 8.5.6 C (distance between structures), Table 2, Footnote 1 (Setback from Route 114), and Table 2 (one unit per acre) for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings (hereinafter referred to as "relief requested"). 11. Benjamin G. Farnum is an abutter to the property the Applicant was seeking relief on. 12. Legal notices were published in the Eagle-Tribune on June 27, 2005 and July 5, 2005. 13. A hearing was held by the North Andover Board of Appeals on July 12, 2005 concerning the relief requested. 311240v1 3 14. The Applicant, during the public hearing did not present sufficient evidence that owing to circumstances relating to the soil conditions, shape or topography of the land, a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship, financial or otherwise to the Applicant. 15. The Applicant during the public hearing failed to present sufficient evidence that the desired relief could be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaws. 16. Upon a motion by Joseph D. LaGrasse, amended by Albert P. Manzi, III and seconded by Richard J. Byers, the Board granted the relief requested. 17. The Board of Appeals failed to specifically find that owing to circumstances relating to the soil conditions, shape or topography of such land a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship financial or otherwise to the Applicant. 18. A certified copy of the Decision as filed with the Town Clerk's Office on July 25, 2005 is appended hereto as Exhibit "A." 19. Plaintiff Farnum is aggrieved by the Decision within the meaning of G. L. c. 40A, §17. 20. The Decision of the Board is unreasonable, whimsical, arbitrary and capricious, over reaching, not in accordance with the law and exceeds the authority of the Board. 21. The decision of the Board exceeds the authority of the Board. 311240vl 4 WHEREFORE, Plaintiff Farnum respectfully prays that this Court: 1. Hear all pertinent evidence and determine the facts; 2. Determine and adjudge that the Decision exceeds the authority of the Board; 3. Determine the Decision is unreasonable, arbitrary and capricious; 4. Annul the Decision of the Board. 4. Grant such relief as the Court deems reasonable and just under the circumstances. Respectfully-su tedr_..._ Benjamip,G'A ul By hisattornev. �Exa ,cis A. un+, ire/ BBO#5 63 M 1' P 600 Unicorn Park Drive Woburn, MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 311240vl 5 r COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT 05 MlSC 312326 ESSEX, ss. i > ao BENJAMIN G. FARNUM ) O p Plaintiff ) V. ) ELLEN MCINTYRE, JOSEPH D. LAGRASSE, RICHARD J. BYERS, } ALBERT P. MANZI, III, AND THOMAS D. IPPOLITO,AS THEY ) CONSTITUTE THE NORTH ANDOVER BOARD OF APPEALS, ) KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, Defendants. '� .r .y N rn C7 COMPLAINT r 5 ++.� L INTRODUCTION co Plaintiff Benjamin G. Famum brings this action pursuant to the provisions of G. L. c. 40A, §3 appealing the decision of the North Andover Board of Appeals granting a dimensional variance to Key Lime, Inc. PARTIES 1. Plaintiff Benjamin G. Farnum (hereinafter referred to as "Farnum") is a natural adult person having a principal place of residence at 397 Farnum Street, North Andover, Essex County, Massachusetts. 311240vl 1 2. Defendant Ellen McIntyre ("McIntyre") is an adult natural person having a principal place of residence at 23 Tanglewood Lane, North Andover, Massachusetts. Defendant McIntyre is a duly appointed member of the North Andover Board of Appeals. 3. Defendant Joseph D. LaGrasse, ("LaGrasse") is an adult natural person having a principal place of residence at 40 Sugarcane Lane, North Andover, Essex County, Massachusetts. Defendant LaGrasse is a duly appointed member of the North Andover Board of Appeals. 4. Defendant Richard J. Byers ("Byers") is an adult natural person having a principal place of residence at 97 Forest Street,North Andover, Essex County, Massachusetts Defendant Byers is a duly appointed member of the North Andover Board of Appeals. 5. Defendant Albert P. Manzi, III ("Manzi") is an adult natural person having a principal place of residence at 1028 Salem Street, North Andover, Essex County, Massachusetts. Defendant Manzi is a duly appointed member of the North Andover Board of Appeals. 6. Defendant Thomas D. Ippolito ("Ippolito") is an adult natural person having a principal place of residence at 338 Abbott Street, North Andover, Essex County, Massachusetts. Defendant Ippolito is a duly appointed member of the North Andover Board of Appeals. 7. Defendant Town of North Andover is a duly formed municipal corporation pursuant to the General Laws of the Commonwealth of Massachusetts and conducts its principal business from North Andover Town Hall at 120 Main Street, North Andover, Massachusetts. 311240v1 2 8. Key Lime, Inc., is a duly incorporated corporation pursuant to the General Laws of the Commonwealth and has a business address at 60 Beechwood Drive, North Andover, Essex County, Massachusetts. Key Lime, Inc. is sometimes referred to herein as the Applicant. FACTS 9. Key Lime, Inc. caused to be prepared and caused to be filed with the North Andover Board of Appeals a Request For Dimensional Variance from Section 8, Paragraph 8.5.6 C (distance between structures), Table 2, Footnote 1 (Setback from Route 114), and Table 2 (one unit per acre) for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings (hereinafter referred to as "relief requested"). 10. Benjamin G. Farnum is an abutter to the property the Applicant was seeking relief on. 11. Legal notices were published in the Eagle-Tribune on June 27,2005 and July 5, 2005. 12. A hearing was held by the North Andover Board of Appeals on July 12, 2005 concerning the relief requested. 13. The Applicant, during the public hearing did not present sufficient evidence that owing to circumstances relating to the soil conditions, shape or topography of the land, a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship, financial or otherwise to the Applicant. 311240v1 3 14. The Applicant during the public hearing failed to present sufficient evidence that the desired relief could be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaws. 15. Upon a motion by Joseph D. LaGrasse, amended by Albert P. Manzi, III and seconded by Richard J. Byers, the Board granted the relief requested. 16. The Board of Appeals failed to specifically find that owing to circumstances relating to the soil conditions, shape or topography of such land a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship financial or otherwise to the Applicant. 17. A certified copy of the Decision as filed with the Town Clerk's Office on July 25, 2005 is appended hereto as Exhibit"A." 18. Plaintiff Farnum is aggrieved by the Decision within the meaning of G. L. c. 40A, §17. 19. The Decision of the Board is unreasonable, whimsical, arbitrary and capricious, over reaching, not in accordance with the law and exceeds the authority of the Board. 20. The decision of the Board exceeds the authority of the Board. WHEREFORE, Plaintiff Farnum respectfully prays that this Court: 1. Hear all pertinent evidence and determine the facts; 2. Determine and adjudge that the Decision exceeds the authority of the Board; 3. Determine the Decision is unreasonable, arbitrary and capricious; 4. Annul the Decision of the Board. 311240v1 4 4. Grant such relief as the Court deems reasonable and just under the circumstances. Respectfully submittted,- Benjamin_G:Farnum By his-att rney,�rrmcj is , s BBO Murt Cul ' P 6 Unicorn Park Drive Woburn, MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 311240v1 5 „pllT„ Town of North Anaover E.CEiVEB ---- �--- Community Development and Services Divi tBR'98RAW :- Office of the Zoning Board of Appeals r .Ci Er.E4 400 Osgood Street North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 Fax (978)688-9542 E J( Off Building Commissioner "Alt Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Propertyat: Tmrn ike Street,MaD 107B,Parcels 16&73 Ke Lime,Inc.,60 Beechwood Drive, HEARING(S): July 12,2005 NAME: Y North Andover,MA PETITION: 2005-017 ADDRESS: for premises at:Turnpike Street, Map 1078,Parcels 16&73 North Andover,MA 01845 TYPING DATE: July 15,2005 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,July 12,2005 at 7:30 PM upon the application of Key Lime, Inc.,60 Beechwood Drive,North Andover,MA for premises at:Turnpike Street, Map 107B,Parcels 16&73,North Andover requesting a dimensional Variance from Section 8,Paragraph 8.5.6.0(distance between structures),Table 2,Footnote I (setback from Route 114),and Table 2(one unit per acre)for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings. Said premises affected are Properties with frontage on the Northeast side of Turnpike Street within the VR zoning district. Legal notices were published in the Eagle-Tribune on June 27 &July 5,2005 and all abutters were notified by mail. T;« ?a:: ng members were present: Ellen P.McIntyre,Joseph D. LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D.Ippolito. The following non-voting member was present: Richard M Vaillancotut. Upon a motion by Joseph D.LaGrasse,amended by Albert P.Mann,in, 8.5.6-C 2nd byRich rd J. Byce ers the Board voted to GRANT'a dimensional Variance from Section 8,Paragraph structures)for 30'of relief;Table 2,Footnote 1 (100'setback from Route 114)for 40'of relief;and Table 2 (one unit per acre)2 units per acre of relief for the 37 units from the requirements of the Zoning Bylaw per Plan for Board of Appeals,Old Salem Village,North Andover,Mass.,Applicant,Key-Lime,Inc.,60 Beechwood Drive,North Andover,MA.01845 Date:June 15,2005(by]Peter J.Ogren,P L S#33604,June 22,2005,Hayes Engineering,Inc.,603 Salem Street,Wakefield,Mass.01880,Sheets 1-3. With the following condition: 1. The applicant shall provide landscape barriers,such as spruce trees,to compensate for the decreased distances between units and the decreased distance between units and Route 114. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D. Ippolito. The Board finds that the revised plan for Old Salem Village has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw in that the granting of these Variances because the rl not evised affect plathe for 37 neighborhood or derogate from the intent and purpose of the Zoning Bylaw units will create less residential density along Route 114(Tunpike Street)than the original Plan for 56 units that did conform to the Village Residential(VR)District requirements. ATTEST: Pagel of 2 A True Copy v 4 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 PlamingTtB1 W01*9k NORT4 1 To of North Andover �f,��•° "o Office of the Zoning Board of Appeals p MENU • JQY.> E 8kA0WW T ri CF ERi Community Development and Services Division 400 Osgood Street '�'SS;��►�j5`� North Andover,Massachusetts 01845 Telephone (978)688-9541 U Roli>tct Rl-etti� Fax (978)688-9542 Building Commissioner Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily N applicant must abide by ail applicable local,state,and federal ensure the granting of a building permit the aPp Perm as required by the Building building codes and regulations,prior to the issuance of a building p Commissioner. year of the date of the within me Furthermore, if a Special Furthermore,if the rights authorized by the Variance e�r notice,e not exercised hearing. 1 y two 2 Year grant, it shall lapse,and may be re-established only Permit granted andel the provisions contained herein shall ed� ubstanti p�o ft construction has period from the date on which the Special Permit gran commenced, it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,Chair Decision 2005-017. M107BP16&73. P�,ge 2 of 2 eals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Board of p pp i PID COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT ESSEX, ss. CASE NO. BENJAMIN G. FARNUM, ) Plaintiff ) V. ) C-1) ELLEN MCINTYRE, JOSEPH D. LAGRASSE, RICHARD J. BYERS, ) Ao ALBERT P. MANZI, III, DAVID R. WEBSTER AND THOMAS D. IPPOLITO, AS THEY CONSTITUTE THE j cn M NORTH ANDOVER BOARD OF APPEALS, KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, ) 3 �< < p Defendants. ) vim c)l , co roc COMPLAINT (Amended to include Member David R.Webster) INTRODUCTION Plaintiff Benjamin G. Farnum brings this action pursuant to the provisions of G. L. c. 40A, §3 appealing the decision of the North Andover Board of Appeals granting a dimensional variance to Key Lime, Inc. PARTIES I. Plaintiff Benjamin G. Farnum (hereinafter referred to as "Farnum") is a natural adult person having a principal place of residence at 397 Farnum Street, North Andover, Essex County, Massachusetts. 311240vi I 2. Defendant Ellen McIntyre ("McIntyre") is an adult natural person having a principal place of residence at 23 Tanglewood Lane, North Andover, Massachusetts. Defendant McIntyre is a duly appointed member of the North Andover Board of Appeals. 3. Defendant Joseph D. LaGrasse, ("LaGrasse") is an adult natural person having a principal place of residence at 40 Sugarcane Lane, North Andover, Essex County, Massachusetts. Defendant LaGrasse is a duly appointed member of the North Andover Board of Appeals. 4. Defendant Richard J. Byers ("Byers") is an adult natural person having a principal place of residence at 97 Forest Street,North Andover, Essex County, Massachusetts Defendant Byers is a duly appointed member of the North Andover Board of Appeals. 5. Defendant Albert P. Manzi, III ("Manzi") is an adult natural person having a principal place of residence at 1028 Salem Street, North Andover, Essex County, Massachusetts. Defendant Manzi is a duly appointed member of the North Andover Board of Appeals. 6. Defendant David R. Webster ("Webster") is an adult natural person having a principal place of residence at 338 Abbott Street, North Andover, Essex County, Massachusetts. Defendant Webster is a duly appointed member of the North Andover Board of Appeals. 7. Defendant Thomas D. Ippolito ("Ippolito") is an adult natural person having a principal place of residence at 338 Abbott Street, North Andover, Essex County, Massachusetts. Defendant Ippolito is a duly appointed member of the North Andover Board of Appeals. 311240vl 2 8. Defendant Town of North Andover is a duly formed municipal corporation pursuant to the General Laws of the Commonwealth of Massachusetts and conducts its principal business from North Andover Town Hall at 120 Main Street, North Andover, Massachusetts. 9. Key Lime, Inc., is a duly incorporated corporation pursuant to the General Laws of the Commonwealth and has a business address at 60 Beechwood Drive, North Andover, Essex County, Massachusetts. Key Lime, Inc. is sometimes referred to herein as the Applicant. FACTS 10. Key Lime, Inc. caused to be prepared and caused to be filed with the North Andover Board of Appeals a Request For Dimensional Variance from Section 8, Paragraph 8.5.6 C (distance between structures), Table 2, Footnote 1 (Setback from Route 114), and Table 2 (one unit per acre) for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings (hereinafter referred to as "relief requested"). 11. Benjamin G. Farnum is an abutter to the property the Applicant was seeking relief on. 12. Legal notices were published in the Eagle-Tribune on June 27, 2005 and July 5, 2005. 13. A hearing was held by the North Andover Board of Appeals on July 12, 2005 concerning the relief requested. 311240vl 3 14. The Applicant, during the public hearing did not present sufficient ent evidence that owing to circumstances relating to the soil conditions, shape or topography of the land, a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship, financial or otherwise to the Applicant. 15. The Applicant during the public hearing failed to present sufficient evidence that the desired relief could be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaws. 16. Upon a motion by Joseph D. LaGrasse, amended by Albert P. Manzi, III and seconded by Richard J. Byers,the Board granted the relief requested. 17. The Board of Appeals failed to specifically find that owing to circumstances relating to the soil conditions, shape or topography of such land a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship financial or otherwise to the Applicant. 18. A certified copy of the Decision as filed with the Town Clerk's Office on July 25, 2005 is appended hereto as Exhibit"A." 19. Plaintiff Farnum is aggrieved by the Decision within the meaning of G. L. c. 40A, §17. 20. The Decision of the Board is unreasonable, whimsical, arbitrary and capricious, over reaching, not in accordance with the law and exceeds the authority of the Board. 21. The decision of the Board exceeds the authority of the Board. 311240v1 4 WHEREFORE, Plaintiff Farnum respectfully prays that this Court: 1. Hear all pertinent evidence and determine the facts; 2. Determine and adjudge that the Decision exceeds the authority of the Board; 3. Determine the Decision is unreasonable,arbitrary and capricious; 4. Annul the Decision of the Board. 4. Grant such relief as the Court deems reasonable and just under the circumstances. Respectfully.sfitted,__.._ BenjamiA,G'�A amLU By 's'attorney, i cis A. ire/ BO#5 63 , M! 1' P 600 Unicorn Park Drive Woburn, MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 311240vl 5 a THE ZONING BYLAW TOWN OF NORTH ANDOVER 1972 IN PERTINENT PART SECTION 8 SUPPLEMENTARY REGULATION AND TABLE 2 SUMMARY OF DIMENSIONAL REQUIREMENTS OR 16 t3 ` o i4 Z -- c% b ��► t oc.ac�e +.c« 4%. 14 t op gCHUS Last Amended May 2004 1 ATTEST: A True Copy Town Clerk a SECTION 8 SUPPLEMENTARY REGULATIONS &I Off Street Parking 1. Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as to increase it floor area and/or design capacity,there shall be provided on the same lot with such building or on a lot contiguous thereto(or within 100 feet thereof)in the same ownership as the parcel containing the primary use, a sufficient number of open or covered parking spaces to satisfy the requirements of the following schedule for the new building or increased design capacity of floor area: 2. Where a use is not indicated prior to construction or issuance of building permit, the number of parking spaces provided shall be the maximum required. Use Minimum Spaces Required One or two family residence 2 spaces per dwelling unit. Mufti family residence 2 spaces per dwelling unit. I space per dwelling unit for a unit designed and occupied by the elderly as defined under government assisted programs. Congregate Housing 0.75 per dwelling unit (29f87) All other places with 1 space per sleeping room for accommodations including(but not limited to) single or double occupancy, 1 per 2 for rooming houses,hotels, rooms exceeding Double beds for rooms motels,hospitals, nursing homes. exceeding double occupancy Auditoriums,theaters., 1 space per 4 parsons based on the design athletic fields, funeral capacity of the facility. parlors,day care centers and other places of assembly. Restaurants,sit down 1 per 2 seats or 15 per 1000 GFA restaurants, drive through (Whichever greater applies). Retail store and service 6 per 1000 square feet GFA except 5 per establishments. 1000sf GFA in Bl,B2,&GB. Offices 1 space per 300 square feat of GFA. Medical Offices and 3 Spaces per 1000 square feet Research facilities GFA plus one space per employee. Warehousing,Wholesaling,Distributing i space per 500 square feet GFA. Manufacturing, assembly, 1 space per 2 employees in the minimum Fabrication,etc working shift or I space per 1,000 GFA (Whichever greater applies). 80 3 The required parking for any two(2) or more uses or structures may be provided by the allocation of the total of the various spaces required for each use or structure in a common parking facility, cooperatively established and operated(1997/30). 4. The regulations of this section shall not apply to non-residential uses or structures whose minimum parking under the above schedule would amount to five(5)parking spaces or less or residential uses or structures whose minimum parking would amowht to two(2)parking spaces or less. 5. If the Building Inspector is unable to identify a use with one (1) or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient quantity of parking spaces to accommodate the automobiles of all customers, employees, occupants,mambas or clients consistent with the provisions curtained in the above schedule. 6. The Board of Appeals may by variance make exceptions to the provisions of this section and , upon a written request of the owner and after a public hearing,authorize the Building Inspector to issue permits - than specified whenever the Board of for buildings and uses having less off-shed parking she hewn, Appeals finds that under normal circumstances such lesser off-sv+oet parking area would adequately provide for the needs of all persons using such building. Such exceptions may be limited as to time,use or intensity of use. 7 A parking space shall mean an area of not less than 9'x 18%accessible over unobstructed driveways not less that 25'wide. 8. For multifamily dwellings the front yard shall not be used for parking for accessory uses. 9. In all residential districts the front yard shall not be used for parking for accessory uses. 10. In residence districts parking or outdoor storage of one(1)recreational vehicle(camper,etc.)and one(1) boat per dwelling unit may be permitted in an area to the rear of the ficat line of the buikling. All other recreational vehicle and boat storage(if arty)shall be within closed structures. 11. Loading facilities provided for any use shall be sized, located, aranged, and of sufficient number to allow service by the type of vehicle customarily excepted for the use while such vehicle is parked completely clear of any public way or sidewalk. 12. In residence districts garaging of off-street parking of not more than four(4)motor vehicles per dwelling unit may be permitted, of which four (4) motor vehicles, not more than two (2) nay be commercial vehicles other than passenger sedans and passenger station wagons, but not courting farm trucks nor motor-powered agriculture implanarts on an agriculturally active farm or orchard on which such vehicles am parked. CommercW vehicles in excess of one(1)ton capacity shall be garaged or screamed ficin view of residential uses within throe hundred(300)feet by either: a. A strip at least four(4)feat wide,densely planted with trees or shrubs which are at least four(4) feet high at the time of planting and which are of a type dud may be expected to form a year-round dense screech at least sic(6)feet high within three(3)years,or b. An opaque wall, barrier,or fa><x of uniform appearance at least five(5)fed high, but not more than seven(7)feet above finished grade. Such screening shall be maurtained in good condition at all times,and shall not be permitted to exceed seven feet in height within required side yards. Such screening or barriers may be interrupted by normal entrances or exits and shall not be required within ten(10)feet of a street lot line. Garaging or off-street parking of an additional two(2)cornmercial vehicles may be allowed by Special Pamit. When it is deemed to be in the public good, parking for additional pkasure vehicles may be allowed by Special Permit. 81 13. Village Commercial Dimensional Parking Requirements Objective: To produce parking which is aesthetically pleasing well screened,accessible and broken into smaller parcels that may directly and adequately service adjacent structures. a. A minimum of 5% landscaping and green space must be provided for all parking areas. This 5% is not intended to include the buffer zones, but shall include all internal landscaped islands in the parking areas. b. No single section of parking may contain more than 25% of the total proposed parking spaces or more than 50 spaces, whichever is less. As a method of division,6' wide parking lot islands shall be installed to provide the proper break between adjacent parking lots. For projects which require less than 50 spaces in total, the Planning Board may allow 50 spaces to be located together if an effective visual buffer is provided Each landscaped island must be 6 in width at the minimum. In locations where the possibility exists to enlarge the entire island or portions thereof,the Planning Board would recommend that such measures be taken. C. In all instances where natural topography lends itself to the screening of these parking areas it shall be left in its natural state. The Planning Board may at the discretion require additional screening at the owners expense. d. Parking lots shall be provided only at the side or to the rear of the buildings. The Plarming Board may, at their disardkA allow up to 50 spaces,or 25%of the total parking whichever is greater, to be located to the frorrt of the structure as long as all other dimensional criteria are adhered to. e. The Planning Board shall have the discretion to allow between 4 - 6 parking spaces per 1,000 square feet of Cross Floor Area for r emil development in the Village Conurrercial District. 14. One(1)handicapped parking space shall be provided for every twenty(20)parking spaces provided on site. The handicapped space shall be I2'x 20'and be indicated by a ground mounted sign and pavement marlcirngs. 81 AutaomobAe Service Station and Oilier Aukmwb&Service Automobile service and filling stations, automobile repair shops, body shops and painting shops, tire stores, radiator shops or any of their appurtenances or accessory uses shall not be erected,placed or located within fifty (50) feet of any residence district or residence structure. In addition, the use or structure shall conform to the following requirements(in addition to district requwanents): 1. The minimum frontage on a street shall be one hundred and fifty(150)feet. 2. The maximum width of driveways and curb cuts measured at the street lot line or Imes shall be thirty (30) or barriers may be interrupted by nonrral entrances or exits and shall not be required with tern(10) fed of a street lot line. 8.3 Site Plan Review 1. Purpose a) The purpose of this section is to protect the health, safiety, convenience and general welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts, both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic. This review considers the impact on public services and infra.structure; environmental, unique and historic resources; abutting properties; and community character and ambiance. b) This section of the Zoning Bylaw is adopted pursuant to Chapter 40A, Section 9. All Site Plan Review applications submitted under the provisions of this section shall be reviewed by the Planning Board as a Special Permit. 82 c) Sites and developments to which this section applies shall comply with the regulations of this section as well as those other applicable Town Bylaws, or the requirements of the Commonwealth of Massachusetts,prior to any construction being undertaken in the Town of North Andover. 2. Developments Wbich Require Site Plan Review a) Site Plan is required when. i) Any new buildings)or construction which contains mare than two thousand(2,400)square feet of gross floor area which is undertaken on land within the Town of North Andover or results in the requirement of five(5)or more new or additional parkin spaces, feet of ii) Any construction which results in the addition of more than two thousand(2,000)square gross floor area to an existing structure, or results in the requirement of five(5)or more new or additional P which or developments ui) Any site improvements, new uses m he existing structures lopmerits contain�,p not normally associated with the existeig use and which result in changes in the potential nuisance to adjacent property,traffic ch+cu{ation; storm water drainage onto or off of the site; and/or the application of the Parking standards of Section 8.1 indicate the need for five(5)or more new or additional parking spaces• ly, permitted facility as set iv) . The construction of any new wireless service facility on a previous thh' fourth in Section 8.9(3xaxn)Wireless Service Facilities Use Regulations 0998138). b) The following development(s)are exempt from Site Plan Review: i) Single family dwelling(s)and two family dwelling(s); u) Small structures or additions which do not exceed two thousand(2,000) square feet of gross floor area and do not require five(5)or more parking spaces. Routine ropaas and maintenance that do not a weed the provisions of Section 0 xc). c) Waive of Site Plan Review i) When in the opinion of the Plarming Board, the alteration or reconstruction of an existing structure or new use or change in use will not have a swdicant impact both within the site and in relation to adjacent propenes and streets; on pedestrian and vehicular traffic;public services and irn&astruchav; envhOmwlal, unique and historic resources; abutting properties; and community needs,the Planning Board may determine,without a public hearing,that submission of a site plan review application is not required. - n) The applicant must request a waiver from Site Plan Review in writing and may be required to submit supporting docunmiation that Site Plan Review is not required. The waiver request will be discussed at a regular session of the Planning Board. 3. Site Ahendba-Viukfioe of the Bylaw b) No building permit, site clearing, filling, grading, material deliveries or construction shall be initiated on any site which this section applies until Site Plan approval as required by this section is obtained C) Nothing herein shall be construed, however, to prohibit such clearing or altering as may be necessary for purposes of conducting pre-developme studies, such as geotechnical tests, soil borings,wetlands de Lamination,percolation tests for septic systems as required by the Board of Healdn, or other similar test as required in order to fulfill a requirement of any Town Bylaw or regulations of the Carwmwealth- 83 4. Procedures a) The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection VIII Revisions to Approved Site Plans. b) Any proposed development meeting any of the criteria set forth in Subsection II Developments which require Site Plan Review, shall be subject to Site Plan Review and submit a Special Permit application to the Planning Board. c) An applicant for site plan review shalt file an application form, floe,eight copies of the site plan,and any additional information as may be required (See Subsection V Information Required), with the Planning Department. Once the applicant is deemed complete, the Planning Department will forward the application to the Town Clerk An application will not be deerned complete until all required information and fees are submitted. The time periods set forth in this Zoning Bylaw and M.G.L. Ch.40A will not start until the application has been deerned complete and submitted to the Town Clerk d) The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequately review and analyze the contents of any site plan or impact study requested by the Board 5. Information Required a) Special Permit Application Form,along with any fees as may be set by the Town Bylaw, b) Drawings prepared at a scale of one inch equals forty feet(1"-40) or larger, or at a scale as approved in advance by the Town Planner. C) All site pians shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Connnonwa tfi of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. Aq building elevations shall be prepared by a caffW architect registered in the Commonwealth of Massachusetts.All plans shall be signed and stamped; d) The times for submission of the site plans for review by the Planning Board are specified in Section 10.3 of the Zoning Bylaws(Special Permit Regulations) e) The following information must be submitted along with the application: i) NORTH ARROW/LOCATION MAP: A north arrow and a location map showing surrounding roadways and land uses adjacent to the site (1"--1500). Location Map should show at least one intersection of two existing Town roadways. ii) SURVEY OF LOT/PARCEL: A boundary survey conforming to the roquirernads of the Essex County Registry of Dads Office. The survey shall be dated and include any revision made to the survey or site plan Any change in the survey shall be recorded before site plan approval may be granted. iii) NAMFJDESCR MON OF PROJECT: The name of the development and the names, addresses and telephone numbers of the project listing tenants, land uses, development phases, or other pertinent information necessary to evaluate the proposed development plan. iv) EASEMENTS/LEGAL CONDITIONS: Idadification of easernent(s) or legal encumbrances(s)that are related to the sites physical development,and a listing of any condition(s) placed upon the site by the Board of Appeals, Planning Board, Conservation Commission, or arty public body or agency, with the authority to place conditions on the sites development 84 V) TOPOGRAPHY: The present and proposed topography of the site, utilizing two foot (21)contour intervals. The contours shall extend at least fifty (50') feet beyond the site boundaries by estimation of the professional submitting the plan. vi) ZONING INFORMATION: All applicable Zoning Bylaw information shall be provided regarding the site's developmea This information shall be placed in a table and list all parking, setbacks, percent of lot coverage, floor-area-ratio, number of dwelling units, total amount of square feet, size of signs and any other applicable zoning information necessary for the proper review of the site plan by the Town Planner and Planning Board. vu) STORMWATER DRAINAGE: All storm water drainage control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown the plan shall be submitted to the Deparlrnaht of Public Works for review and approval. Calculations shall show a mitigation of run-off to zero of the 2, 10,and 100 year storm evart. vw) BUILDING LOCATION: Identdication of all scrag and proposed structure(s) bcated on the site. The number of stories,overall height in feat and gross floor area in square fent of all structure shall be indicated. IIx) BUILDING ELEVATION: A drawing of the exterior of the building as viewed from the front (street view)must be submitted. The Pluming Board may request side and rear views if relevant to the Board's review. This drawing must be at least 8"x 11"in Sim x) LOCATION OF PARKING(WALKWAYS: Id on of the location of all existing and proposed parking and walkways arms, including curb cuts that will be used to access the site from adjacent roadways,or access points. xi) LOCATION OF WETLANDS/NOTICE OF MEN T: All resource areas as defined in M.G.L. Chapter 131, Section 40 and the Town's Wetland Bylaw,shall be shown on the site plan. The applicant shall file a Notice of InOW with NACC concurrently with the application to the Planning Board for Site Plan Review. xih) LOCATION OF WALLS/SIGNS: Identiflication of the location, height and materials to be used for all retaining walls and signs bs:atod on the site. Signs will be reviewed . using the guidelines set forth in Section 6.7(I)of do Zoning Bylaw. xib) LOCATION OF ROADWAYS/DRIVES: IdwAftatm of all right-of-ways and driveways including the type of curb and gutter to be used, and their d1nXMions. Distances to all the nearest roadways and/or curb carts shall be shown for both sides of any streets vA*b is adjawt to the site. xiv) OUTDOOR STORAGE/DISPLAY AREAS:Iderntification of the location and type of outdoor storage and display area on the site. xv) LANDSCAPING PLAN: Idtion of the location and landscape schedule of all perimeter and it twK r landscaping, including but not limited to proposed paving materials for walkways, fences, stonewalls and all planting materials to be placed on the site. In addition, all existing lass over 12 indws DBH, to be saved or removed shall be shown on the site plan. Any landscaping required by the Town Bylaws shall be indicated on the site plan in tabular form showing the amount required and the amount provided. 85 xvi) REFUSE AREAS: Identification of the location of each outdoor refuse storage area, including the method of storage and screening. All refuse areas must be fully enclosed xvii) LIGHTING FACILITIES: Identification of the proposed illumination, indicating the direction and the degree of illumination offered by the proposed lighting facilities, including an example of the fight fixture to be used xviii) DRAINAGE BASIN STUDY:A detailed hydrology study for the site. Included in this study is the proposed storm water run-off rates into the existing drainage system and its potential down-stream impact on the existing drainage system xix) TRAFFIC IMPACT STUDY: Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project. Projects which access state highways, a traffic impact study shell be filed with MEPA concurrently with the Planning Board review. A copy of the MEPA study shall be filed with the application to the Planning Board. xx) COMMONWEALTH REVIEW: Any information required and submitted to any agency of the Cornnrnonweahh, shall be filed with the Planning Board upon the initial submission of the project for Board review. xxr7 UTILITIES: All utilities, including water line locations, sewer line locations and profiles,and storm drainage systems; xxii) FISCAL IMPACT: Projections of costs rising from increased demand for public services and infrastructure; provisions of benefits from increased tax revenues, employment and infrastructure irnprovernents; and impacts on adjacent Property values. xxw) COMMUNITY PAPACT: Analysis of the project's impact on the surrounding neighborhood in terms of architectural consistency, pedestrian movement and overall character; impacts on nearby historic structures or site; and an evaluation of the proposed project's consistency ad compatibility with existing local and regional plans. f) If the site plan review application is for the construction of any new wireless service facility on a previously permitted facility as set fourth in Section 8.9(3)(a)9II)Wireless Service Facilities Use Regulations, the information required by Section 8.9(5)must also be submitted. The SPGA may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of a:proposed personal wireless service facility(1998/38). 6. Review Crita ia/Design Guidelines a) The following criteria and design guidelines shall be used by flue Planning Board in evaluating the site plan review and all infartnation submitted as part of the application. i) General a) Conformance with all appropriate provisions of the Zoning Bylaw. b) Protection of abutting properties flan detrimental site characteristics. u) Environmental a) Protection of unique or important natural,historic or scenic features. b) Adequacy of proposed methods of refuse disposal. c) Ability of proposed sewage disposal and water supply systems within and adjacent to the site to serve the proposed use. d) Adequacy of the proposed drainage system within and adjacent to the site to handle the increased runoff resulting from the development. e) Provision of adequate landscaping, including the screening of adjacent residential uses, provision of stmt trees, landscape islands in the parking lot and a landscape buffer along the stred frontage. 86 f) Adequacy of the soil erosion plan and any plan for protection of steep slopes, both during and after construction. g) Protection of adjacent properties by mirnirnizing the intrusion of fighting, including parking lot and building exterior lighting. h) The proposed development must not present a demonstrable adverse impact on the surrounding arca resulting from excessive noise,dust, smoke, or vibration which we higher than Levels now euperi aced from uses permitted in the surrounding area. iii) Design a) Buildings shall be located with respect to setbacks placement of parking landscaping and entrances and exits with surrounding buikimp and deve4xnmt. b) The buildings shaft relate harmoniously to each other in archiwctural style;site location and building exits and entrances. c) Scroanung shall be provided for storage areas, loading docks, dumpste s, rooftop equipment,utility buildings and similar features. d) ELecb* telephone, cable t.v., and other such Tunes and equipment must be Phxed e) Demonstrate that the scale; massing and detailing of buildings are compatible with those prevalent in the surrounding arta. iv) Traffnc/Parking a) The location and number of curb cuts shall be minimized to reduce turning movements,and hazardous exits and antrnroes. b) Provision for access to adjoining properties shall be provided as appropriate. c) Driveways shall be located opposite each odor wherever possible. d) Joint access driveways between adjoining properties shaft be encouraged. e) Internal circulation and egress shall provide for traffic safety, and access to and fi=n minor 4 h F as servicing one family dwellings shall be minimized. 7. FIadings of the Pfa w ft Hoard a) With the concurring vote of four members, of the Plarnning Board shall either A)approve, B) approve with conditions,or C)deny a site plant submitted for review. i) The Planning Board shall approve a site plan with the following conditions are mot: a) The site plan complies with all current Bylaw requirements of the Town,and; b) The site plan has been submitted in aocor+dannce with the regulations and procedures as outlined in this section and Section 10.31 (Conditions for Approval of Special Permit.) u) The Planning Board shall conditionally approve a site plan when the following conditions are met: a) The application needs to go to any Town BowdVepartmerrt or Commission for approvals,or requires approvals by any state;and/or federal agency and; b) The site plan generally complies with Town Bylaw requirements, but requires minor changes in order to be completely in compliance with the Town Bylaw regulations. iii) The Planning Board may dary approval of a site plan for the following masons: a) The plan does not include all the materials or information required in this saetian, or has failed to adhere to the procedures for Site Plan Review as outlined in this section,and Section 10.3(Special Pamitsl or, b) The plan as presented is not in compliance with Town Bylaws,or, 87 C) The plan has been drawn incorrectly or in such form that the Planning Board is unable to determine what information is being presented for review, or; d) The applicants have failed to incorporate and adhere to any condition(s) for approval granted by any Town Board, Department or Commission, or requirements called for by any state or federal agency, which has proper authority upon which to place conditions on a matter before the Planning Board. iv) The Planming Board shall render a decision within ninety (90) days of the public hearing and shall file its written decision with the Town Clerk's office and other appropriate parties in accordance with the provisions of M.G.L.Ch. 40A. V) The applicant shall be responsible for filing a copy of the decision at the Registry of Deeds. Prior to the issuance of a building permit, the applicant shall present evidence of such recording to the Building Inspector. vi) For the purpose of securing the performance of all proposed work, including landscaping and off-site improvements, the Plaroung Board may require security submitted in the form of a check made out to the Town of North vii) Andover in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements required. The check will then be placed in an interest bearing account and will be released upon the compktion of the project. The Board,at its discretion, may release partial amounts of the security at curtain stages of construction. & Revisions to Approved Site Plan a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved u aW the Town Planner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories: i) A change of location and layout of any parking area(sl signs, storage or accessory buildings,provided that no Town Bylaws are violated by the change; iii) The change in the proposed landscaping plan.which does not violate any Town Bylaw, iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. b) The revisions cited above may be completed without further review by Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially diff xvw site plan than approved by the Planning Board m that changes are called for in the type; location and manner of the facilities and site irnprc7vrments to be contended and shown in the approved site plan. C) If the revisions are dd=ined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. (Section 8.3 rewritten and reorganized May 6, 1996 Annual Town Meeting,Article 20) 88 S.4 Screening and L,aodscaping Requinments for OfStreet Commend and Industrial Districts(1987/12) For all com m=ial and industrial districts the following minimum screening and landscaping re4uvexrtents shall apply for all off-street lots with more than 6 parking spaces, or in any instance when a commercial or industrial off-street parking area of any size abuts a residential district 1. A strip of land at least sac (6) feet wide (may be part of required yard setbacks) with trues or shrubs dem planted,to create at least an impervious screen, at least four(4) feet high at the time of planting and which are of a type that may be commonly expected to form a year round impervious screen at least five(5)feet high within dm yam• 2. If a Munsl scrap as described in item 1 above cannot be attained, a wall or fence of uniform appeanum at least five(5)feet high above finished grade will be allowed. Such a wall and/or fence may be perforated,provided that not more than 25%of the face is open. 3. All required screening, as described in items 1 and 2 above, shall be maintained in good condition at all tames. Such screaming may be interrupted by entrances or exits,and shall have no signs attached thereto other than those permitted in the dmtrict. For all off-street parking area of 20 or more spaces the following critain shall also apply. 4. On at least three sides of the perimeter of an outdoor parking lot, that shall be planted at least one tree for every thirty(30)linear feet In the interior part of an outdoor parking Id where two rows of Pig Spam containing a total of 10 or more parking spaces face each other,a landscaped open space not less than 6 fed in width shall be provided. The landscaped strip may be provided tithe, 1) between the rows of parking spaces parallel to the aisle or, 2) in two or more strips parallel to the spaces and extending from the aisle saving one row of spaces to the aisle serving the other row of spaces,as illustrated below. Trees required by this section shall be at least 3.5 inches in diameter at a height four feet above the ground at time of planting and shall be of a species characterized by suitability anti hardiness for location in parking Id. To the acts t practicable, existing trees shall be retained and used to satisfy this section. The following graphics are intended as illustrations and examples only and have not been incorporated into the requirements of this Bylaw.(See graph after Tables and Footnotes at end of Bylaw). 5. All artificial lighting used to illuminate any commercial or industrial parking lot, loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls erc;rely within the parking, loading or driveway arca,and shall be shielded or recessed so as net to shine upon abutting properties or streets. Vile Commeranl Dmmemboal Reqs In the Village Commercial Zoning District the following requinnneats shall be adhered to. The following requirements are only to be placed upon the Village Commercial Zoning District and shall take the place of the proceeding regulations found in paragraph 1-5. Screening : Due to the high aesthetic standards to which the architectum shall be made to conform, the main purpose of the screening shall be to screen the parking and other accessory structures which may be a part of the development. The Planning Board may require any additional screening as may be reasonably required. a All buffer zones must be designed by a registered landscape architect, or other professional as approved by the Planning Board. b. The Planning Board recommends that materials to be used in the buffer include but net limited to the following material: Nature/ ads ft vegetation, natural topography, berms, stone walls, faeces, deciduous and coniferous shrubstees, perennials, annuals, pedestrian scale walkways, gazebos and other landscape material as it addresses the aesthetic quality of the site. 89 The final approval of all material used within the buffer zone shall be at the discretion of the Planning Board. C. Parking lots containing 10 or more spaces shall be required to provide one tree for every five spaces. All trees shaU be a deciduous mix of at least 2.5 inch caliper when planted. Native trees and shrubs shall be planted wherever possible, in order to capture the"spirit of the locale" through indigenous species (such as lilac, viburnum, day lilies, ferns, red twig dogwood, oak, maple, sycamore, linden, hawflmr, birch, shadbush, etc.). In instances where healthy plant matr nal exists on the site prior to its development,in part or in whole,for purposes of off street parking or other vehicular use areas,the Planning Board may adjust the application of the above mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intern of these standards. 8.5 Planned Residential Development(PRD) 1. : The purpose and intent of the regulations curtained in this section are to promote the public health,safety and genera)welfare of the citizens of the Town by providing for the following goals: a. To promote the more efficient use of land in harmony with its natural features; b. To encourage the preservation of open space, C. To protect water bodies and supplies, wetlands, floodplain, hillsides (1994/401 agricultural lands,wildlife,and other natural resources; CL To permit greater flexibility and more attractive, efficient and economical design of residential developments; e. To facilitate economical and efficient provision of utilities; f. To meet the town's housing needs by promoting a diversity of housing types. 2. Applicability An application for a Planned Residential Special Permit (PRD) shall be allowed for parcels of land in the R-1, R-2, and R-3 Districts in accordance with the standards set forth in this section. An application for a Planned Resida tial Development Special Pernik shall be deemed to satisfy the requirements for Site Plan Review. 2. Permit Authority The Planning Board shall be designated as the Special Permit Granting Authority,and shall grant special permits for PRD's consistent with the procedures and conditions set forth in this section as well as in Sections 10.3 and 10.31 (Special Permits)of this Bylaw. 4. Procedure for ApprnvaL• PrefiMk y_Plan The applicant must submit a preliminary plan per Section 6(G) (1994/40) and schedule pre-application conference to discuss the proposed PRD with the Planning Board before the submission of the final special permit application and supporting docwnents,to the Board for review in a public hearing. Fixer)Plan Submittal The applicant shall follow the procedures and standards contained in this section and Section 10.3 (Special Permit)in submitting a set of final plans to the Planning Board for review. 5. Information Required Any applicant who desires a special permit under requirements of this section shall submit an application in writing in such form as the Planning Board may require which shall include at the minimum the following: A. DeveloVmerrt Statwx mt: Which shall consist of a petition; a list of the parties of interest with respect to the PRD parcel and any parcel proposed to be used pursuant to the subsection 5a below. A list of the development team and a written statement meting time requiranerrts of a site evaluation statenwat under the Subdivision Rules and Regulation of the Planning Board; and setting forth the development concept and the specific requuire:nents of the Zoning Bylaw within a table which includes the following infumation: 1. The number of units, 90 2, Type size(number of bedrooms), I Floor area, 4. Ground coverage; 5. Summary showing open space as percentages of the total area of the PRD tract, 6. Development schedule for all site improvements. a. Copies of the proposed instrurnernts to be recorded with the plans including the Usable Open Space perpetual restriction, which shall be deeded to a membership corporation, non-profit organization, trust, public agency, or the Town of North Andover. b. Developno t plans bearing the seal of a Massachusetts Registered Architect, Registered Civil Engineer or similar professional as appropriate and consisting OF 1. Subdivisions-All plans shall be drawn at a scale of 1"=4V showing all site improvements and melting, to the extent applicable, the I� r+equbYmarts set forth for a Definitive Pian in the Subdivision Rules and Regulations of the Plamiag Board and; Site Plans - Plans submitted shall meet the rem contained in Section 8.3 (Site Plan Review)to the extent applicable. Board shell within ten da of of an B. Review by Other Town Devartrnaits: The Planning Board application under this section, refer ore application to the Conservation Commission, Public Works and Fire for written Deparhnent, Board of Health, Building Inspector, Police Department, Department deports and recommendations. No decision shall be made until such report% are returned or thirty-five days have elapsed following such referral without receipt of such rePort C. F of the Planrrin Board: The Planning Board may issue a special permit under this section only if the Planning Board finds that the PRD is in harnnony with the general purpose and intent of this section and Section 10.3(Special permit)and that the PRD contains resider tial development and open space in a variety to be sufficieritly advantageous to the Town and mads the purpose and intent of this section, which Hades it appropriate to depart from the rocNi ancrits of this bylaw otherwise applicable to the Zoning District in which the PRD parcel is located. If a special peraiit is granted, the Planning Board may impose a condition thereof that installation of municipal services and construction of roadways within the PRD shall comply with the requiranents of the Subdivision Rules and Regulations of the Planning Board Further,the Regulations of the Planning Board may require sufficient security to ensure compliance with the Subdivision Rules and Regulations,planned recreation facilities and site amenities;and may impose additional safeguards pertaining to Public safety,welfare arrd convenience. 6. Develo melt Standards: A. Allowable Parcel Size: For each application filed for a special permit under this section, the applicant must have a contiguous parcel of land, in single or consolidated ownership at the time of application,which is at least tai(10)acres in size. B. Allowable Uses: The following principal uses are allowed in a Planned Residential Development: 1. Single family detached houses; 2. Residential structures with up to five dwelling units per structure, utilizing common wall construction; 3. Church or other religious purposes; 4. Agriculture on parcels greater than five(5)acres; 5. Public parks; 6. Conservation area or land preserved as peananu t open space; 91 7. Membership clubs for the exclusive use of the residents of the development. C. Dimensional Re rat lations: Site Plans Minimum Lot Size: Not Required Lot Frontage: Not Required All Yard Setbacks: Not Required j Height Limitation: 30'or.2.5 stories Distance Between Structures: NY Buffer Zone: 50' from the parcel boundary to any structure located within a PRD Development. Said buffer shall remain open witind pavement or roadway(s)and left in its natural condition. D. Dimensional Reguulatrons: Subdivisions - Minimum Lot Size: R I and R-2 21,780 square feet;R-3 12,500 square feet - Lot Frontage: 100'all zoning districts - All Yard Setbacks: 20(1) - Height Limitation: 30 and 2.5 stories Buffer Zone:(1993/33) A fifty-foot(50�border from the parcel boundary running the full length of the perimeter of the parcel. No structure shall be built within the Buffer Zone. The Buffer Zone shall remain m its natural state except; 1. trues and/or shrubs may be added to improve the buffer characteristic of the Zone,and 2. roadways perpendicular or nearly perpendicular to the Zone may be installed to access the Site, if approved as part of this PRD Special Permit granted be the Planning Board Such roadways shall be minimized within the context of sound subdivision planning practices. 1. The structure may be placed upon a side lot line without a side yard setback, provided that the adjacent lot to which the zero setback is located has the required side yard setback. E. Parking RgWireme nts: For all Planned Residential Development off-street parking shall be provided as required by Section S.1 (Off-Straet Parking). F. Usable Open Space: Usable Open Space shall be defined as the part or parts of land within the PRD which are reserved for permanent open space. This space shall exclude parking areas, but include. required setbacks and walkways. The usable open space shall be open an unobstructed to the sk); however, bus, Pig arbom &Wles, sculptures, fountains, swimming Pools, atriums, outdoor recreational facilities and similar objects shall not be considered obstructions. 1. For subdivision PRD's the minimum usable open space requirements shall be 35% of the total parcel area; and no more than 25%of the total amount of required usable open space shall be wetland. 2. For site planned PRD's, the minimum usable open space requh anents shall be 50'/0 of the total parcel area;and no more that 25%of the total required usable open space shall be wetland. All resource area shaD be determined by the requkements of M.G.L. Chapter 131, Section 40, and the Town's Wetland Bylaws under this subsection. For all PRD's the Usable Open Space shall be owned in common by and readily accessible to the owners of all the units in the PRD by any of the following groups: 1. A non-profit organization or trust whose members are all the owners and occupants of the units, 2. Private organization including but not limited to the Tnnstees of Reservations or Essex County Greenbelt Association whose primary function is praw vation of open space, 3. The Town of North Andover, 4. Any group as indicated by the Planting Board which exists or is created for the purpose of preserving open space for the owners of the units located in a PRD Project. 92 Further, a perpetual restriction of the type described in M.G.L. Chapter 184, Section 31, (including future anrndrrnents thereto and corresponding provisions to future laws)nuuung to or enforceable by the Town Shan be recorded in respect to such land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation. Board shall rexcnbe and may Such restriction shall be in such form and substance as the P1amin8 p y contain such additional restrictions on development and use of the Usable Open Space as the Planning Board may deem appropriate. G. Calculation of Mllowabk Residential Except as noted in Subsection H below,the maximum number of buildable lots in a PRID win be lar. al to the number of buildable lots which would resuh from an approved convamonal subdivisionp In order to determine dee residential density of a PRD, the applicwt must submit to the Planning Board a plan which: 1 inerts the criteria of a Preliminary Subdivision Plan as defined m Section 3(b)of the'Rules and Regulations Governing the Subdivision of Land,Nash Andover,Massachusetts"in effect at the time of plan submittal, 2. is fully,compliant with the"Zoning Bylaw"in effext at the time of plan submittal,and 3. requites no zoning variances. The plarvtj*Board will use this plan to determine the mwd u m nu nber of buildable lots.(1994/44) H. Density Bonuses 1, Affordable Housing Bonus For all PRD's the total number of allowable lots and/or dwelling units may be increased up to 20%if the developer designates at lust 30%of die total number of units for use in conjunction with one or more state:or federal housing assistance pogroms. However, in dee insb= where the use of federal or state MWarns are not available to the Housing Authority, the Planning Board, after xonsultsdon with the Housing Authority, may propose,alternative methods of attaining the Affordable Housing Bows. The developer shall certify, in writing to the Planning Board duet the appropriate number of dwelling units have beim set aside and conveyed to the North Andover Housing Authority (err odor actions are; required), before the Planning Board shall grant any special permit with density bonus provisions. Further,the developer shall be responsible to work with the North Andover Housing Authority to initiate and conchude occupancy of said units within one year of their completion. Failure to do so shall be deemed a violation of the spacial permit criterk from any-other The granting of this bonus density shall not eawW the Proposed criteria required by this suction or regulation contained in the Town Bylaws. 2. Open Suacc Bonus up to For mol i-family PRD's, the total number of allowable nails maybe increased dwelling 10% if the proposed PRD provides sixty-five percent(65%)usable open space consistent with the definition of usable open space as provided in this section. The granting of this bonus density shall not ammpt the proposed development fi+an any other criteria required by this section. 3. Maximum Desnsity Proposed PRD's may utilize both bonus provisions, i.e. affordable housing and open space however, the granting of bonus densities shall not eaxanpt the proposed development from any oder criteria required by this section. 93 8.6 Satellite Receiver Discs(1987/83) To restrict the erection andtor installation of satellite microwave receiver discs m residential districts to a ground level area, to the rear of the rear line of the building within the side boundary lines of the same building so that it is out of sigh from the stroet. [Note: 8.7 Growth Management deleted May 2004 per Article 39.E (2004/39) Section 8.8 Adult Use Zone The Adult Use Zone is herein established as an overlay distro and shall be superimposed on the other districts established by this Bylaw The requiranents enumerated for this Adult Use Zone shall be in addition to, rather than in place of,the requi anents of the other districts. Adult ups may be allowed by Special Permit in the Adult Use Zone,as descnbed below. Adult uses shall be prohibited at any other location in the Town. The following regulation shag apply to Adult Uses as defined in Section 2 of this Bylaw. 1. Boundaries: Boundaries of the Adak Use Zone are shown on the Zoning Map and shall include the following parcels as identified on the 1995 Assessor's Map:Map 34 Parcels 27 and Map 77 Parcels 3, 12, 13, 1417. Map 34 Panel 27 Northerly 250'+/- by Holt Road Easterly 340'+l-by Lel 2 Southerly 240'+/-by City of Lawrence Airport Westerly 330'+/-by Lot 4; Map 77 Parcel 13 Northerly 100'+/-by Holt Road Easterly 370'+/-by Lel 4 Southerly 130'+/-by parcel 3 Westerly 400'+/-by Clark Street Map 77 Parcel 14 Natherly 245'+-by Holt Road Easterly 330'+/-by Lot 3 Southerly 250"+/-by Pareeh 3 Westerly 370'+/-by Lel 7 Map 77 Parcel 3 Nadwly by 410'+/-by Lots 3,4,and 7 Easterly 250'+/-by City of Lawrence Airport Coma. Southerly 465+/ by City of Lawrence Airport Carni Westerly 460'+/-by Clank Street Map 77 Parcel 12(3 sided lot) Natherly 410"+/-by parcel 17 Easterly 270'+/-by Claris Sbvd Southerly 285'+/-by City of Lawrence Airport Comm.;and Map 77 Parcel 17 Northerly 120'+/-by City of Lawrace Airport Conor Easterly 210"+/-by Claris Sinner Southerly 410"+/-by Parcel 12 Westerly 590'+`-by City of Lawrence Airport Comm 2. Separation Distances:Adult uses may not be located:- 94 ocated:94 s line of any Residen&l Zoning Distric.•t5, church, a) within five hundred feet(500')of the ptopeny I school,Park,or playfield. b) within five hundred fat(500')of oduhr aduh use as defahed havin; 138,Sac. 11. widhiih thra huihdred feat(300,)of arty emblishmmt Hcahmd under MGL Ch. C) tim of an aduh cabet�at a an adult motion pic�+e drcata 3 Maximum Usable Floc Area:With the hurhdred(3,5�)��fee of useable ilea ares. . adult uses may not exceed thane dhou4and ��shall apply: 4. p�iicin¢R�uirarhatts:The following parkiq a) panting"U be provided in the side or fiat yard only b All parking ares shall be aMniisted,and all shall be 00rtamad on the Pro��e te c) Pararea Ad be laodscaped in oonfommm wd h the � aomag by-15W. buffershall be provided along the side ccrmt ad bum At a Milken, a five(5)fad wide Lndscap� pmperty tines of an adult use astabli mwd 00 of tegmen shrubs a trees not bs than five(5) and fed in ran fight at the tape of pbaft or a solid force am leas than sic(6)fat in height. shall be screened in such a am= as to Prev" visual 5. All Wdft WadWatries aid wkdows aooess to the Weriar ofof ft atabbsimmetby do pub' s p a other 6• No adult use shall be allowed tD display for adv or vY ' of Mm a omillt to the 6�v public on the extariar the building or on the iobari0r where&C same Y be sear thrahglh glass or Odff Bice traospairmt material any seaahaly explicit figures or wads m defined 7. in M.G.L.Sec.31 Ch.272. applhcati0o for a special �Pfor aadult use establWmxl t must mchhde V=:�� owoar of 09esdblishrid, and of the legal owner of the a) Name and address of the legal b) Name and address of all persons havang PqMWI 4wful NPhY err soour9Y mmaests m the establistmo ; c) Name sad address of the manager•, d) Number of anP10YOM a) Propow d p mvisiom for security within and wAhout the sts#d Awle t; The physical laymd of the it m iar of the astabl�nst. ermit Cn eating � Special P g• Soechal Perna Grartina Aur M The�6 Beard Of APPS shall be the Spec Audwrity shag be issued W say pmm cmvicied of vMa*g the Fmiswns of MGL 9. No adult use special permit Ch. 119,Sec.63,or MGL Ch.272,Sec.28. a held widhm sudy-five(65) se 10. An adult uspecial Pa'ma shall Only be issued "low" publhc� which shall days alter the filing of m sppbeatioo ktW pawk audwrty, a copy of f be gin to the Town b7' applicsOL the dalanni on by the Special Permit 11. Special pumila for adult uses shall be grassed a** upm Audwrity diet the location aid design of the 5ch*are in harmony widh its and did adotmg aexpdrough liamsin6 or odmer me�ha tD assure on a ming basis that � wun►itiea thoan will not be pabarhtly catrary to P SwWwda of adults m the community and will not kwotm loaner nAM - declared invalid shall not affect the validity or applicaum 12. Any section of chi+by--law,a potion tha+eol; of die ranabWer of the by-law. (Section 8.8 created and appmed May 6, 19%Anrnhal Town Mating Article 22) 95 Section 89 Wireless Service Fwffl s 1) Purpose a) It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town or adjacent thereto. No wireless service facility shall be placed, constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority (SPCA). The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placement, construction and modification of wireless service facilities within the town. This bylaw is intended to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, preservation of the rural character and the provision of adequate infrastructure development in North Andover. b) The regulation of wireless service facilities is consistent with the purpose of the North Andover Zoning Bylaw and planning efforts at the local government level to further the conservation and preservation of developed,natural and undeveloped areas,wildlife, flora and habitats for endangered species;protection of the natural resources of North Andover,enhancement of open space areas and respect for North Andover's rural character. 2) Definitions: a) Above Ground Level (AGL). A measurement of height from the natural grade of a site to the highest point of the structure. b) Above Mean Sea Level (AML) A uniform point from which height above sea level (or zero elevation)can be measured. c) Antenna.The surface from which wireless radio signals are seat and received by a wireless service facility. d) Camouflaged. A wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be"camouflaged." e) Carrier.A company that provides wireless services. f) Co-location. The use of a single mount on the ground by more than one cattier (vertical co- location)and/or several mourns on a preexistent building by more than one carrier. g) Cross-polarized (or dual-polarized) antenna. A low mount that has three panels flush mounted or attached very close to the shaft. h) Elevation.The measurement of height above mean sea level. l) Environmental Assessment (EA). An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless service facility is placed in certain designated areas. Equipment Sbelter. An enclosed, structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment. k) Functionally Equivalent Serviem Cellular, Personal Communication Services (PCS Enhanced Specialized Mobile Radio,Specialized Mobile Radio and Paging. n GPS. Ground Positing System by satellite location of antennas. m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables. 96 n) Lattice Tower. A type of mount that is self-supporting with multiple legs and cross bracing of structural steel. o) Licensed Carrier. A Company authorized by the FCC to construct and operate a commercial mobile radio service system. p) Momopole. The type of mount that is self-supporting with a single shaft of wood steel or concrete and a platform(or racks)for panel antennas arrayed at the top. q) Moot. The structure or surface upon which antennas are mounted, including the following four types of mounts: (1) Roof Mounted: Mounted on the roof of a building. (2) Side-mounded: Mounted on the side of a building (3) Ground-mounted:Mounted on the ground. (4) Structure-mounted:Mounted on a structure other than a building. r) OWNWhectiomW(whip)sntenas. A thin rod that beams and receives a signal in all directions. a) posed Anseos.A fist surfwe antenna usually developed in toultipka. t) pC& Couonsieadonr Servkm These are brosdband radiowave systems that operate at a radio frequeay,in the 1850- 1900 megahertz range. a) Radieft"mmy'(RF)Emghmr.An engineer specializing in electric or microwave engineering, especially the study of radio frequencies. V) Radio6�e9s>es y Radiation OM).The emiiasiona from wiraiasa service facilities as defused in the FCC Guidelines for Evaluating the Environmental Effwts of Radiofrequency Radiation(FCC Guidelines)or any other applicable FCC guidelines and repb&=. w) Secarity Barrier. A locked impenetrable wail, fence or berm that completely seals an area from unauthorized entry or trespass• s) Separation.The distances between one array of antennas and anodes array. y) Utflit .A system of wires or conductors and supporting strncteres that fuuctioos in the transmission of electrical energy or communication services(both audio and video)between generating stations, sub-stations,and transmission lines or other utility services. s) Wirdess Service Facility. Facilities used for the principle purpose of commercial or public wireless communications uses, such as cellular telephone services,enhanced specialized mobile radio services, microwave commamicatiora,wireless communications services,paging services and the like,as defined in Section 704 of the Federal Telecorimmdestions Act of 1996,as amended. Such facilities shall include tower,antennae,antennae support structures,panels, dishes and accessory structures. aa) Wirelees Services. The three types of services regulated by this Bylaw:commercial mobile radia services,unlicensed wireless services,and common carrier wireless exchange access services. 3) District RgPdR bar a) Use Regaiadoss: A wireless service facility shall require a building permit in all cases and may be permitted as follows: i) The carrier roust deomonstrste that the facility is necessary in order to provide adequate service to the public. ii) A wireless service facility may locate as of right on any existing guyed tower, lattice tower, monopole or electric utility transmission tower for which a special permit issued under this Section 8.9 is in efi'ect,provided that the new facility shall first obtain site plan review approval from the Plamuing Board and, provided further that any new facility shall not exceed the tams and conditions of the special permit in effect for the existing facility on which it is to be located. 97 iii) No wireless service facility shall be located in the Town except upon issuance of a special permit in accordance with Section 10.3 of this Bylaw. Such a facility may be located in any zoning district in the Town, provided that the proposed facility satisfies all of the requirements set forth in this Bylaw. b) Location: Applicants seeking approval for wireless service facilities shall comply with the following: i) If feasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures, preexistent telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of preexistent telephone and electric utility structures as sites for one or more wireless service facilities. The applicant shall have the burden of proving that there are no feasible preexistent structures upon which to locate. ii) If the applicant demonstrates to the satisfaction of the SPGA (Special Permit Granting Authority)that it is not feasible to locate on a preexistent structure,wireless service iii) facilities shall be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings(as indicated through site plan review),and placement within trees. iii) The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or Special Permit. c) Dimensional Requirements: Wireless service facilities shall comply with the following requirements: i) Height, General Regardless of the type of mount, wireless service facilities shall be no higher than ten feet above the average height of buildings within 300-feet of the proposed facility. In addition, the height of a wireless service facility shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height. iui) Height, Ground-Mounted Facilities Ground-mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than text feet above the average tree canopy height, measured from ground level(AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted wireless service facilities shalt be surrounded by dense tree growth to screen views of the facility in all directions. These trees may exist or may be planted on site. iii) Height, Side-and Roor-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten(10)feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally non- conforming with the respect to height, provided that the facilities do not project above the existing building height. iv) Height, Preexistent Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as 98 a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles. v) Setbacks All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed. (1) In order to ensure public safety, the minimum distance from the base of any ground- mounted wireless service facility to any property line, shall be 2x the height of the facility/mount, including any antennas or other appurtenances. This set back is considered the"fall zone". A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types. (2) In the event that a preexistent structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non-conforming structures, wireless service facilities and their equipment shelters shall not increase any non-conformity. 4) Design Standards a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows 1) Camouiisge by Existing Buildings or Structures (1) When a wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexistent architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. (2) Wireless service facilities which are side-mounted shall blend with the preexistent building's architecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building. h) Camouflage by Vegetation. If wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted wireless service facilities shall provide year-round vertical evergreen vegetated buffer of 50 feet, or 75%of the overall height of the structure, in all directions. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Vegetation should be natural in appearance and consistent with surroundings. id) Color (1) Wireless service"facilities, which are side-mounted on buildings,shall be painted or constructed of materials to match the color of the building material directly behind them. (2) To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it,they must be painted in a light gray or light blue hue which blends with sky and clouds iv) Equ4mwnt Shelters Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards: (1) Equipment shelters must be located in underground vaults;or (2) designed consistent with traditional materials,color and design of the area,or (3) camouflaged behind an effective year-round landscape buff,equal to the height of the 99 proposed building, and/or wooden fence acceptable to the permitting authority b) Lighting and signage i) Wireless service facilities shall be lit only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and foot-candle measurements at the property line shalt be 0.0 initial foot- candles when measured at grade. ii) Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No tower or other facility shall contain any signs or other devices for the purpose of advertisement. All signs shall comply with the requirements of Section 6; Signs and Outdoor Lighting Regulations of this bylaw. iii) All ground mounted wireless, service facilities shall be surrounded by a security barrier and shall be protected against unauthorized climbing or other access by the public. c) Historic Buildings i) Any wireless service facilities located on or within a historic structure shall not alter the character-defining features,distinctive construction methods, or original historic materials of the building. ii) Any alteration made to a historic structure to accommodate a wireless service facility shall be fully reversible. iii) Wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district. iv) The Historic District Commission must review all appropriate facilities: d) Scenic Landscapes and Vistas i) No facility shall be located within 300 feet of a Scenic Road. If the facility is located farther than 300 feet from the scenic road,the height regulations described elsewhere in this Bylaw shall apply. ii) Wireless service facilities shall not be located within open areas that are visible from public roads,recreational areas or residential development. As required in the Camouflage section above, all ground mounted wireless service facilities that are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth. ej' Environmental Standards i) Wireless services facilities shall not be located in wetland resource areas. Locating of wireless facilities in wetland buffer areas shall he avoided whenever possible and disturbance to wetland buffer areas shall be minimized. All Conservation Commission regulations and procedures must be followed. ii) No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site,there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on site. Applicant must comply with all federal, state and local regulations governing hazardous materials. iii) Storm water run-off as a result of the wireless facility shall be contained on-site and comply with the DEP Storm Water Management regulations as applicable. iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier. v) Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna. 100 Safety Standards Q Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. iul) Structural Integrity. The applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility. 5) Application Procedures a) Special Permit Granting Autbority (SPGA).The Special Permit Granting Authority(SPGR)for wireless service facilities shall be the Planning Board. b) Pre-Appticatiou Conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouragedto meet with the SPGA at a public meeting to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. C) Pre-Application Conference Filing Requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed wireless service facility. As such, no formal filings are required for the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility,as well as its scale and overall design. d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities: Q General Fging Requirements (1) Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co-applicant. • (4) Original signatures are required for the applicant and all co-applicants applying for the Special Permit. If an agent represents the applicant or co-applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with. u) Location Filing Requirements (1) Identify the subject property by including the name of the nearest road or roads, street address,and Assessors Map and Parcel number of subject property (2) Identify the Zoning District designation for the subject parcel. Submit a copy of Town wring map with parcel identified. (3) A locus map at a scale of 1"= 1500' showing the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown. (4) A map showing the otter preexistent and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary. (5)GPS all equivalent system locating by latitude and longitude wireless service facilities iii)Siting Filing Requirements. A one-inch-equals-40 feet plan prepared by a Registered 101 Professional Engineer in the Commonwealth of Massachusetts showing the following: (1) Property lines for the subject property. (2) Property lines of all properties within 300 feet of the proposed location. (3) Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height. (4) Outline of all existing buildings, including purpose(e.g. residential buildings, garages, accessory structures, etc.)on subject property and all properties adjacent to the subject property. (5) Proposed location of antenna, mount and equipment shelter(s). (6) Proposed security barrier, indicating type and extent as well as point of controlled entry. (7) Location of all roads, public and private,on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the wireless service facility. (8) Distances, at grade, from the proposed wireless service facility to each building on the vicinity plan. (9) Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. (10)All proposed changes to the preexistent property, including grading, vegetation removal and temporary or permanent roads and driveways. (11) Representations,dimensioned and to scale,of the proposed mount, antennas, equipment shelters, cable runs,parking areas and any other construction or development attendant to the wireless service facility. (12) Lines representing the sight line showing viewpoint(point from which view is taken) and visible point(point being viewed)from'Sight Lines"subsection below. (13) Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission. iv) Sigbt lines and pbotograpbs as described below: (1) Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building(viewpoint) within 300 feet to the highest point(visible point) of the wireless service facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all intervening trees and buildings. In the event there is only one(or more)residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any. (2) Preexistent(before condition)photographs. Each sight line shall be illustrated by one four- inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 300 feet. (3) Proposed (after condition) photographs. Each of the preexistent condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed wireless service facility is built. (4) Siting elevations or views at-grade from the north, south, east and west for a 50-foot radius around the proposed wireless service facility plus from all preexistent public and private roads that serve the subject property..Elevations shall be at either one-quarter inch equals one foot or ono-eight inch equals one foot scale and show the following: (a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and 102 average ground level (AGL) of the highest point. All future proposed antennas, mounts and equipment shelters if any must be shown in order to be included in the Special Permit. (b) Security barrier. If the security barrier will block views of the wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier. (c) Any and all structures on the subject property. (d) Preexistent trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation,with approximate elevations dimensioned. (e) Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours AMSL. v) Design Filing Requirements (1) Equipment brochures for the proposed wireless service facility such as manufacture's 1 tints shall be provided for the antennas, mounts, specifications or trade journal rep equipment shelters,cables as well as cable runs, and security barrier, if any. (2) Materials of the proposed wireless service facility specified by generic type and specific treatment (e.g. anodized aluminum stained wood, painted fiberglass, alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (3) Colors of the proposed wireless service facility repteaentted by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters,cables as well as cable runs, and security barrier, if"y- 4) Dimensions of the wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antentus, mourns, equipment shelters and security barrier, if any. (5) Appearance shown by at least two photographic superimposition's of the wireless service . facility within the subject property. The photographic superimposition's shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. (6) Landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species. process the applicant shall schedule with the Planning Board a the public hearing (� i��8 P gP balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility. (8) if fighting on the site is required by the FAA, the applicant shall submit a manufacturers computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five(25) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed. vi)Noise FUM Requirements (1) The applicant shall provide a statement listing the preexistent and maximum future projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following: (a) Preexistent or ambient: the measures of preexistent noise (b) Preexistent plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. 103 (c) Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet DEP requirements and Section 8.9(4xe). vii) Radiofrequency Radiation(RFR)Filing Requirements (1) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, Power levels and standards, including FCC Radio Frequency Emissions standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies; power levels will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary, field verification. The Permit Granting Authority may condition any Special Permit granted under this section upon a periodic submittal of certification of compliance with said standards. (2) In order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and maximum future projected measurements of RFR from the proposed wireless service facility, including all co-locators, for the following situations: (a) Preexistent or ambient:the measurement of preexistent RFR. (b) Preexistent plus proposed wireless service facilities: maximum estimate of RFR from the proposed wireless service facility plus the preexistent RFR environment. (c) Certification, signed by a engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards sub- section of this Bylaw. (3) Applicant must submit a copy of the letter from the Massachusetts Department of Public Health approving the site for this facility as required by 105 CMR 122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions. viii) Federal Environmental Filing Requirement (1) At the time of application filing, an Environmental Assessment (EA)that meets FCC requirements shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC (2) The applicant shall list location, type and amount (including radiation trace elements) of any materials proposed for use within the wireless service facility that are considered hazardous by the federal, state or local government. is) Waiver. The SPGA may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility. 6) Co-location a) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are stand-alone facilities. All applicants for a Special Permit for a wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes: i) A survey of all preexistent structures that may be feasible sites for co-locating wireless service facilities; ii) Contact, with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts;and iii) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. 104 b} An Applicant shall demonstrate to the Planning Board that it has made a good faith effort to co- locate its facility upon an existing facility. The Town may retain a technical expert in the field of RF engineering and/or a structural engineer to verify if calocation at the site is not feasible or is feasible given the design configuration most applicant. accommodating e Town may deny a Special Ption. The cost for such a ermi to an technical expert will be at the expense of the PP applicant who has not demonstrated a good faith effort to provide for co-location, c) If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies that show the final appearance and operation of the wireless service facility at full build-art. d) If the SPGA approves co-location for a wireless service facility site, the Special Permit shall indicate how many facilities of what type shag be permitted on that site. Pursuant to Section 8.9(3) Regulations facilities specified in the Special Permit approval shall require no further zoning approval. However,the addition of any facilities not specified in the approved Special Permit shall require a new Special Permit. This allows a carrier to"pro-permit" a site for additional facilities so that they will not have to apply for another Special Permit later. e) In order to determine compliance with all applicable FCC Regulations, estimates of RFR emissions will be required for all facilities, including proposed and future facilities both for the applicant and all co-locators. 7) Modifications a) A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility and will require a Special Permit when the following events apply. i) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing. ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by changing the wireless service facility in one or more of the following ways: (1) Change in the number of facilities permitted on the site; (2) Change in technology used for the wireless service facility. 8) Monitoring and Maintenance a) After the facility is in operation, the applicant shall submit to the SPGR, within 90 days of beginning operations and at annual 'intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RER measurements are accurate and are in compliance or why the measurements. fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4xcx1) RFR Filing Requirements of this Bylaw. The measurements shag be submitted for both the applicant and all co-locators. b) After the wireless service facility is in operation the applicant shall submit to the SPGR; within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 6.13.14.5 of this Bylaw c) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer and landscaping. 105 d) Failure to obtain the information required in this subsection 8.9(8) of the Bylaw shall result in a fine of not more than $300 dollars for each offense. Each day that such violation continues shall constitute a separate, offense. 9) Abaodoamst or Discontinuation of Use a) At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service facility shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically removes'shall include; but not be limited to. i) Removal of antdmag, mount, equipment shelters and security barriers from the subject Prey ii) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless service facility to its natural condition, except that any landscaping and Wading shall remain the after-conditioa. c) As a condition of any special permit for the placement, construction or modification of a wireless service facility, a carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject properly. Said amount shall be certified by an engineer,architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an ftWoendent escrow agent to be appointed by the carrier and the SPCA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has ban abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) A facility shall be dearned to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six(6)months or more. Once abandonment or discaatinuaooe has occurred, the carrier shall remove the facility from the subject property within ninety days. In the event that the carrier fails to remove the facility, the town shall give notice to the carrier and the independent escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. e) Failure to follow the provisions of this subsection 8.9(9) shall result in a fine of not more than $300 dollars for each offense. Each day that such violation continues shall constitute a separate offense. 10) Recortrsctios or Replsameat of Edsdag Towers mW Monopoles a) Guyed towers, lattice towers, utility towers and monopoles in exitance at the time of adoption of Section 8.9 this Bylaw may be reconstructed, altered, extended or replaced on the same site by Special Pemk, provided that the SPCA finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the preexistent non-conforming structure. In making such a determination, the SPCA shall consider whether the proposed reconstruction, alteration, extension or replacement will create 106 public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts. 11)Performance Guarantee determined and approved by the SPGR efts consultation at the a) insurance in a reasonable amount expense of the applicant with one(1)or more insurance companies shall be in force to cover age from the structure,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGR. b) Funds, sufficient in the opinion of the SPCA to cover annual maintenance of the facility, shall be and small be held by the independent escrow agent who shall be authorized to pieced�o escrow and the carrier and expend the funds for the m mienaove of the facility on teams to be agreed upon by the SPGA as a condition of approval of the special permit. the standards of the Federal c) Annual certification darnonstratin8��u�corrnp �American National Communications Commission,Federal Aviation Administration holder. Standards Institute shall be filed with the SPCA by the Spec. al Permit 12) Term of Special Permit shall be valid for for a(3)years. a) A Special Permit issued for any wireless service facility The special permit may be renewed under the same criteria as the Original special provided that the application for renewal of the special permit is made Prior expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of this Zoning Bylaw(1998/36). Section 8.10 Lot/Sbpe Re9arameeb residential zoning districts the following p visions of this Section S.10 1. Lot/Slope Rapir'�°�:In the shall pisrpoae. The Purpose of this bylaw is to pr�omw and enhance the landscape by a, encouraging the maximum retention of natural topographic features, such as drainage swales, streams,slopes,ridge lines, rock outcroppings,vistas,natural Plant formations and tris;to minimize water runoff and soil-erosion problems incurred in grading of steep slopes;to encourage innovative architectural, hodscapin8,circulation and site design. For the purposes of this subsection,the term"naturae'shall be defined as the condition of the ground surfue as it exists at the time a subdivision or developlop phis proposed including any man-made alterations such as grading.excavation or filling y have prior ffed to the time such subdivision or development is submitted. No land intended for subdivision or development may be regraded or filled in such manner as to circumvent this bylaw b, bylaw nr: The provisions of this Subsection 8.10 shall not apply to building lots m a Providefinitive subdivision plan submitted in accordance with M.G.L.Chapter 41 in order to obtain the protections afforded by M.G.L. Chapter 40A, Section 6. at stated as a Percentage, shah be The sl of land any point, per'c�n C. �fiO1`O8��D� � Perpendicular to the defined as the change in elevation over a horkm1al distance measured contour's divided by the distsax over which the change occurs multiplied by 100. The slope of land at any point,may be meted as a ratio(2:1,3:1,4:1,etc.). The first number of the ration indicates the horizontal distance and the second number indicates the vertical rise. 107 d. Undisturbed Slopes: All natural slopes exceeding 33%(3:1)over a horizontal distance of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for subdivision or on a building lot are protected and shall remain undisturbed. e. Slope Exclusion for Minimum Lot Area Calculation: All areas with natural slopes exceeding 33%(3:1)over a horizontal distance of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for subdivision or development, or on a lot intended for building purposes, shall be excluded from the calculation of the minimum lot area required for the applicable zoning district. f. The Planning Board may grant a special permit for exemption from the provisions of this section if, in the Board's opinion, the proposal satisfies the purposes of Subsection 8.10.La above. In cases where the proposal includes disturbing or creating slopes exceeding 33%, the request for special permit must be accompanied by: i) A geotechnical report prepared by a registered professional civil engineer in the Commonwealth of Massachusetts that recommends methods for slope stabilization. ii) A commitment from the applicant to fund construction inspection services of a geotechnical engineer. 108 SECTION 9 NON-C pNMRMING USES 9.1 Noa-Conforming Use use as defined herein,which lawfully existed at the time of passage of Any rnw-comf� �g bunld4 structure, amandment thereto may be continued subject to the the applicable provision of this or any prior by Law or wY -conformin Bylaw. lawfully non-codorming building or structure and any lawfully g previsions of this By �Y and to the same extent as at the time it use of building or land may be continued the same lord and manner time be changed,extended or enlarged became lawfully nm conforming,but such building or use shall not at any as may be P zoning district in which such building or use is situated,or excepty except for a purpose the North Arndover Board of Appeals. Preexisting permitted by a Special Permit or otherwise by that no such extension or �.�}'orrning structures or uses, however, may be extended or ahead, pier unless there is a funding by the Board of that such change, extension, or alteration shall be permitted 1 than the existing non-conforming use to the neighborhood. alteration shall not be substantially more de made n�nonconforming due to chwW in the lot size required by this When a p<,e-existMg structure has been made - Enforcanat Officer that such bylaw,such structure may be extended or altered based on a finding by ZairinB structure after the change meets all currut O=ptfor lot size.(1995/43) 9.2 Alteration or Extemien lotions of this Bylaw but which did conform A use or sb housing a usr, does not conform to tegu ade ded or edged exceptio to all applicable regulations when mrtnafiy established shall all rnd be clnarnged, accordance with the following provisions: the Board of Appeals. 1. Such change shall be approved by a Special Permit or Otherwise by nonconforming use the date 2. Such change shall be pe'mkted only upon the same lot occupied by thethat it became rim-codorming, extant of the non-conforming use shall not mood an aggregate of more 3. Any increase in volume,arra,or than twenty five percent(25%)of the original use. 4. No change shall be permitted which tends to lengthen the economic life of the non-conforming longe' than a period reasonable for the amortization of the initial mvwW=]. 9,3 Pre-Existing Noa-coOfOrming Single Family Residential Structrres and Uses in the Residential 1,Residential 2,Residential 3,Residential 4 and Residential 6 Districts: a. pre-eicistip& Noa.coahrmine Single Family Strwtosem. Pre-existing non-conforming residential structures i n the RI, R2, R3, R4 and R6 Districts, may be changed, single family the Zoning Enforcement Officer(Building extended or altered, provided that there is a finding by Commissioner) that such change, extension, or alteration shall not render the structure more non- conforming than the existing structure. Upon such determination, a building permit may be issued where applicable. The following circumstances shall be.deemed not to increase the nonconforming nature of said structure: ' 1. Alteration of a structure which complies with all current yard setbacks, building coverage, on a lot with insufficient area, where the and building height requirements but is located structure after alteration will comply with all of current Bylaw requirements except for lot area. 2. Alteration to a structure which complies will all current yard setbacks, building coverage, and building height requirements but is located on a lot with insufficient frontage, where the structure after alteration will comply with all of currant Bylaw requirements except for frontage. 3. Alteration to a structure which encroaches upon one or more required Yard setbacks, where the structure after alteration will comply with all currant bylaw requirements except for yard 109 TABLE 2 SUMMARY OF DIMENSIONAL REQUIREMENTS Res. Res. Res. Rea. Village Iter. Res.. Bus. Bus. Bua. Bus. VI _ _ -. — � _ PCO 0ienerat Ind. Ind. Ind. Ind. (14) (6)(71 - -- --- 1 Ra.- --5 d --? S --Comm..-- --- - � _ -�. ._.-2 3--- - a Lot Area ----- ---- -- ---... (7) Min.S S.F.--- 87,120 43,560 25,000 12,500 43,580 43,580 130,890 25,000 25,000 120,000 180,000 60,000 150,000 25,000 80,000 90.000 435.600 50,000 Height 17 Max(ft) 35 35 35 35 35 35 35 35 35 35 90 400 35"' 45 55 55 55 55 Steil Frontage (13) (13) ----- --- Min(ft) 175 150 125 100 .--85 150 150 125 125 300 200 200 300 125 150 150 150 150 - Front Sefbactc (10) Min.(R) 30 30 _30 _30.- 25- _30 25 80 25 100 5o 50" 100 25 50 50 100 30 (2) (2) (3) (3) (17) (2) (3) - (3) - (10) (2) Min.(ft) 30 30 20 15 15 25 15 20 25 50 50 25" 50 25 50 50 200 20 _ - --- -- - (2) (3) f3) (1 . 0) (2)- -Rear SefDack-- ._ - ----- (2) (2} (3) (17) Min(ft) 30 30 30 30 - 30 _ 30 30 30 30 50 50 25" 50 35 50 50 200 30 Ratio Max. WA WA WA_ N;A WA ^ 0.75:,1 0.25_1 0.30:1 0.75:1 0.40:1 1_50:1 WA 0.75:1 WA 0.50:1 0.50:1 0.50:1 0.50:1 Lot Caerage Max. WA WA _ WA WA WA- 20% - 20% 30% 35% 30% 25% 25% 25%- 85% 35%- 35% 35% 35% (12) (12) (12) - Density ModAcre WA WA N/A WA 1/acre Multi-F" Wwm WA- WA WA- WA WA WA WA - WA -WA WA WA TownhouseOpen Space _ 25%" 'Two stairs nil to mooed 400. -- --- -- --- ---- ----- - "Refer to Sectiau 9.1 (13)and i-4(6) - - Sas detailed Disift Use RpuMtlons Please isler to fodnoNs fa additlaiil intorrraition -- --- --- 1. In A11 distract ezceDt Villaee Commercial,frott setbacks along Rshalt be 114 sbe a minitnur of 100'. Froat setbacks shall be 1 O(y along 125 in Industrial 1 and 2 Districts: the fast 50' o front setbacks fader this requirwVmd shall be mede to provide an effective visual buffer and rx parking shaft be pcm*ted. Z. Adjacent to residential distri�.'t,an addWMW 15 bot side or rear setback shall be required The first IS feet of the total setback abtthe resrderttol d"= shd remain open and green, be suitably hmiscaped, unbwk upon, unpaved and not parked upon. In the Business 2 District; the side yard requir menta nay be efmcmed when two(2)adjomil property owners agree to share a party wd A*cm3. yo r dzrtrtcts!the required side or rear setback shall be 100 feet. TIw first SO feet of such setback abutting the mdmidW dbuict shd remam open and green be suitably landseq)4 unlock upmurgavedand not parked upas. nae is provided,krt oovmp may be up to the amount of 4' � Pm' st:ucmm but not exmd a total covemV of45X.. S, M &= lot size for a townhouse oon�loc shall be 43,560 square filet although individual oovvnlro. lots may be a mW nm of3.400 square §at Mmiu m lot size for aro aparunm mmploc shag be 60,00 acme feet. 6. Dkensio al regulations for towd om compim=shag meet the requimo t of the Residence within the c onV&&however,dol be regulated as follows: 5 District:individual towrbonses � 1!Feet Nfid mm Street Frontage: 30 Feet man From Setback: Mmhnm SWe Setback: None required where a party wall is coed between w*x odm wbc a 25 bat side setback shall be pruvWed. . i Nfmim Rear Setback: 30 Feet m i his>oRaan Floor Area Ratio: 1.0:1 Maudman Lot ContigwUs Units: 10 C 7. The Mowing additional requntmerits shd apply who gpgruneM or townhouse complexes f are com1ructed in this distr t: a. There shall be a paved driveway or paved walk adequate to accommodate emergency vehicles within 50 feet of the outside entrance of each dwCliing unit. FN 1 b. Any road providing access to townhouses or lots intended for townhouse conform to the Subdivision Control Regulations of the Planning Board. C. Any road providing access to more than 18 apartment dwelling units or more than parlang spaces shall conform to appropriate provisions of the Subdivision Conj Regulations as'if it were a mirror residential street Before issuing a building p=W such cases, the Building Inspector shall obtain a report from the Planning Board on 1 j extent of such confDrmity. ! d. Nfaxirnum height(apartment kWdimg): 40 feet C. Maximum stories of living quarters(apartment building):3. f Maximum m units per structure(apartment building): 18 S. In Residence 4 Districts only, film setback may be the average of all front setbacks of dwvllin4 I units within 250 fret on•ekba side of lot Buildings on comer lots shall have the required fron setback from both streets eracept.in the Residence 4 Districts, where setback from the side ll� street shall be a awn of20 feet. 9. Nurssrg and convak9cem boars shall have at least 600 square feet of lot area per bed. Nfi*nurn lot sine for such homes in R 1,R Z,and R 3 Distimricis shall be 2 acres. 10. Where a public sanitary disposal sibs is the primary use, the setback area shall be used provide a screer>i¢ng,natirs or artificial,from adjacent residenceuse ofpublic roadway. 11. Where a public sanitary disposal site is the primary use, an nine up to l W19 of the lot coverage shall apply,not including the setback arras. 12. If multi-&m9y structures are selected to attain the maximum density allowed, the proposed project shall be subject to the minimum open space requirements found in Section 8.5 (Phased Residential Developumi t),and to the site plan review rrquae:rnerus of Section 8.3. In the instance when no public sewer service is provided and there is no private sewer system acceptable to the Town, the allowed density m the Village Residential Zone-shall be one dwelling unit per acre and said dwelling and associated lot shall conform to all the regulations consistent with development in the R-2 Zone. Further, under no circumstances shalt nn lel family developrnent be allowed in the Village Residential Zone, regard of density, without the provisions of public sewer or a town approved and awepte d private sewer system. 13. In instances where a lot fronts on Route 114, for purposes of public safety, the required lot frontage shall be 250 feet. 14. The dimensional criteria described in the table below applies only to detached single family development. Multi-family structures developed in this district shall be subject to all criteria FN 2 W multi-fio* devebPoo" as "ed m Section 8.5. However, um no Mancrs SbWl the boms day subsection of Section 8.5 apply in the VMW RSidezlial D"rict- � �ffi va regv�iots M fDrth in Section 103 and 1031 of thisByirw,I S. )r a specs,Pami may be meted to i crem the allowed Floor Area Rata ( ) fiom 0.25:1 to 030:1 provided to the Town for public usedo at least 5,000 4 IL owAxiing purposes; beximant:) of the resultar6 Gross door am be it of said area be located at � kwL and thea the entire square theexchtsive of bad, deeded to the Town be supported with Wkkg spaces at the 5ootag� rag of one specx per 250 sqmt AOL slid be with the d&ISim of uw a open spom as c�oummed m Section 16. sPeO° Spam nro 1� atm shall be slowed on the usable open ss, s� vssbk ops VWL AS fiat,Want, and side yamrequEen!cm MAY k calcubud as pert ofdm usable open I spwcx but in m imtaooe shed any area desirmted fw opCn Vace be less dm 15 fixt in width. FiQther, m mm than '' of the total area vxr*,ed fit open span shall be a%vftW sr+ea, and no pecmemt orsm" vA bod o shad be colauleted as part of.the rMOW open 17. VIDage Commarcm Dimessioval Jt8g8ireseeeta Setbselm The xtbsol s hove been detain nod and nmgpd in such a way as to promote a quality d�which Inds mWto the surroumft com mitY 0 an . a. Front �dbwJm for along Route: 114 aheII be s res rnan of 50'. all of wi icb shag be used as an e0' mw vmW tuft No Parking shd be dlowed w9bm that -V buffer. Any roadways or drives within that 50'bum Ad be as necessary for acm= only. b. When adjacent to a Residmtid DWW the minima setback dW be 40', with the frac tzcnsining as atm effective visual ower. The Planra� Board �Y allow '� m setbecic adjacent to a Reskleeraal Det:iet to be re&med to 2S providing that the nwdmn height of the proposed sbucture be �'► not to exceed one (1) story Further, for every 1 foot that the structure is movrd closer then 401 to the Residential property Lame the mmdo man allowedhei&of the structure shad be reduced by 1 foot (see Diopm 1). In no u>stances shod a gr x:tm be closer that 2510 a side or rear setback. Any roadway or drives with tlwse setbacks shall be as necessary for aaem only. PN 3 THE ZONING BYLAW TOWN OF NORTH ANDOVER 1972 IN PERTINENT PART SECTION 8 SUPPLEMENTARY REGULATION AND TABLE 2 SUMMARY OF DIMENSIONAL REQUIREMENTS AOR 0 Iwo iL c oc"Ic"a wsc ac • �C US Last Amended May 2004 1 ATTEST: A True Copy Town Clerk SECTION 8 SUPPLEMENTARY REGULATIONS 8.1 Off Street Parking 1. Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as to increase it floor area and/or design capacity,there shall be provided on the same lot with such building or on a lot contiguous thereto or within i 00 feet thecae in the same ownership as the 1 containing{ fl �P parte mmg the primary use, a sufficient number of open or covered parking spaces to satisfy the raquirernents of the following schedule for the new building or increased design capacity of floor area: 2. Where a use is not indicated prior to constriction or issuance of building permit, the number of parking spaces provided shall be the maximum required Use Minimum Spaces Required One or two family residence 2 spaces per dwelling unit. Mufti family residaxe 2 spaces per dwelling unit. 1 space per dwelling unit fer a unit designed and occupied by the elderly as defined under government assisted programs. Congregate Housing 0.75 per dwelling unit (29f" All other places with I space per sleeping room for accommodations including(but not limited to) single or double occupancy, 1 per 2 for rooming houses,hotels, rooms exceeding Double beds for rooms motels,hospitals, nursing homes. exceeding double occupancy Auditoriums,theaters, I space per 4 persons based on the design athletic fields, funeral capacity of the facility. parlors,day care carters and other places of assembly. Restaurants,sit down 1 per 2 seats or 15 per 1000 GFA restaurants, drive through (Whichever greater applies). Retail store and service 6 per 1000 square feet GFA except 5 per establishments. 1000sf GFA in B1,B2,&GB. Offices 1 space per 300 square feet of GFA. Medical Offices and 3 Spaces per 1000 square feet Research facilities GFA plus one space per employee. Warehousing, Wholesaling,Distributing 1 space per 500 square feet GFA. Manufacturing, assembly, 1 space per 2 employees in the minimum Fabrication,etc working shift or 1 space per 1,000 GFA (Whichever greater applies). 80 3. The required parking for any two(2) or more uses or structures may be provided by the allocation of the total of the various spaces required for each use or structure in a common parking facility, cooperatively established and operated(1997130). 4. The regulations of this section shall not apply to non-residential uses or structures whose minimum parking under the above schedule would amount to five(5) parking spaces or less or residential uses or structures whose minimum parking would amount to two(2)parking spaces or less. 5. If the Building Inspector is unable to identify a use with one (1) or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient quantity of parking spaces to accommodate the automobiles of all customers, employees, visitors, occupants,members or clients consistent with the provisions contained in the above schedule. 6. The Board of Appeals may by variance make exceptions to the provisions of this section and , upon a written request of the owner and after a public hearing,authorize the Building Inspector to issue permits for buildings and uses having less off-street parking than specified herein, whenever the Board of Appeals funds that under normal circumstances such lesser off-street parking area would adequately Provide for the needs of all persons using such building. Such exceptions may be limited as to time, use or intensity of use. 7 A parking space shall mean an area of not less than 9'x IS,accessible over unobstructed driveways not less that 25'wide. 8. For multi-family dwellings the front yard shall not be used for parking for accessory uses. 9. In an residential districts the front yard shall not be used for parking for accessory uses. 10. In residence districts parking or outdoor storage of one(1)rocreatkxial vehicle(camper,etc.)and one(1) boat per dwelling unit may be permitted in an area to the rear of the front line of the building. All other recreational vehicle and boat storage(if arty)shall be within closed structures. 11. Loading facilities provided for any use shall be sized, located, err Wd, and of sufficient number to allow service by the type of vehicle customarily excepted for the use while such vehicle is parked completely car of any public way or sidewalk 12. In residence districts garaging of off-street parking of not more than fou(4)motor vehicles per dwelling unit may be permitted, of which four (4) motor vehicles, not more than two (2) may be conrtnercial vehicles other than passenger sedans and passenger station wagons, but not counting farm trucks nor motor_power,ed agriculture implements on an agriculturally active farm or orchard on which such vehicles are parked Commercial vehicles in excess of one(1)ton capacity shall be garaged or screened from view of residential uses within three hundred(300)feet by either: a. A strip at least four(4)feet wide,densely planted with trees or shrubs which are at least fou(4) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screw at least six(6)feet high widen three(3)years,or b. An opaque wall, barrier,or fence of uniform appearance at lew five(5)fed high, but not more than seven(7)feet above finished grade. Such screening shall be maintained in good condition at all times,and shall not be permitted to exceed severs feet m height within required side yards. Such screening or barriers may be interrupted by normal entrances or exits and shall not be required within ten(10)feet of a street lot line. Garaging or off-street parking of an additional two(2)commercial vehicles may be allowed by Special Permit When it is deemed to be in the public good, parking for additional pleasure vehicles may be allowed by Special Permit. 81 13. Village Commercial Dimensional Parking Requirements Obiective: To produce parking which is aesthetically pleasing, well screened, accessible and broken into smaller parcels that may directly and adequately service adjacent structures. a. A minimum of 5% landscaping and green space must be provided for all parking areas. This 5% is not intended to include the buffer zones, but shall include all internal landscaped islands in the parking areas. b. No single section of parking may contain more than 25% of the total proposed parking spans or more than 50 spaces, whichever is less. As a method of division,6'wide parking lot islands shall be installed to provide the proper break between adjacent parking lots. For projects which require less than 50 spaces in total, the Planning Board may allow 50 spaces to be located together if an effective visual buffer is provided Each landscaped island must be 6 in width at the minimum In locations where the possibility ousts to enlarge the entire island or portions thereof,the Planning Board would reconmxzid that such measures be taken. C. In all instances where natural topography lards itself to the screening of these parking areas it shall be left in its natural state. The Planning Board nay at their discretion require additional screening at the owners expanse. d. Parking lots shall be provided only at the side or to the rear of the buildings. The Planning Board may,at their dscretioa,allow up to 50 spaces,or 25%of the total parking, whichever is greater, to be located to the fiut of the st wWm as long as all other dimensional criteria are adhered to. e. The Planning Board shall have the discretion to allow between 4 - 6 parking spaces per 1,000 square feet of Gross Floor Area for retail development in the Village Commercial District. 14. One(1)handicapped Parking space shall be provided for every twenty(20)parking spm provided on site. The handicapped space shall be 12'x 20'and be indicated by a ground mounted sign and pavement markings. 8.2 Automobile Service StaWsm rad Odwr Antoweb9c Serview Automobile service and filling stations, automobile repair strops, body shops and painting shops, tire stores, radiator shops or any of the appurtenances or accessory uses shall not be erected,placed or located within fifty (50) feet of any residence district or residence structure. In addition, the use.or structure shall conform to the following requireane nts(in addition to district requirements): 1. The minimum frontage on a street shall be one hundred and fifty(150)feet. 2. The maximum width of driveways and curb cuts measured at the street lot line or lines shall be thirty (30)or barriers may be interrupted by norrnal entrances or exits and shall not be required with ten(10) feet of a strlot line. 83 Site Pdrn Review 1. Purpose A) The purpose of this section is to protect the health, safety, convenwrme and general welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts, both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic. This review consider the impact on public services and infrastructure; environmental, unique and historic resources; abutting properties; and community character and ambiance. b) This section of the Zoning Bylaw is adopted pursuant to Chapter 40A, Section 9. AN Site Plan Review applications submitted under the provisions of this section shall be reviewed by the Planning Board as a Special Permit 82 C) Sites and developments to which this section applies shall comply with the regulations of this section as well as those other applicable Town Bylaws, or the requirements of the Commonwealth of Massachusetts,prior to any construction being undertaken in the Town of North Andover. 2 Devaoliments Which Require Site Plan Review a) Site Plan is required when: Any new buildings)or construction which contains mat dean two thousand(2,000)square fed fe of gross floor area which is undertaken on land within the Town of North Andover or results in the requirement of five(5)or more new or additional parking spaces; feet of ii) Any construction which results in the addition of more thin two thousand(2,000)square gross floor area to an existing structure; or results in the requverriant of five(5)or more new or additional parking spaces; ul) Any cmuuctioih, site irn;mNements, new uses in existing structures or devebpmerhts which cocain new processes not normally associated with the e"tinng use and which result in changes in the potential nuisance to adjacent property,traffic carcirbon, storm water drainage onto or off of the site; and/or the application of the parking standards of Section 8.1 indicate the need for five(5)or more new or additional parking spaces. . Iv) The construc6on, of any new wireless service facility on a previously permitted facility as set fourth in Sectim 8.9(3)(axa)Wireless Service Facilities Use Regulations(19908). b) The following developmenKs)are exempt from Site Plan Review: i) Single family dwellings)and two family dwelling(s); H) Small str wWm or additions which do not exceed two thousand (2,000) square feet of gross floc area and do not require five(5)or more parking spaces. iii) Routine repairs and maintenance that do not exceed the provisions of Section 0 xc). c) Waiver of Site Plan Review i) When in the opinion of the Planning Board, the alteration or reconstruction of an existing structure or new use or.change in use will not have a sigaif cant impact both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic;public services and infrastructure; environmental, unique and historic resources; abutting Prop; and cxhmQumity needs,the Planning Board may determine,without a public hearing,that submission of a site plan review application is not required in) The applicant must request a waiver from Site Plan Review in writing and may be required to submit supporting documedation that Site Plan Review is rat required. The waiver request will be discussed at a regular session of the Planning Board. 3. Site Alkisbua-Violation of tie Bye' b) No building permit, site clearing, filling, grading, material deliveries or construction shall be lies until Site Plan al as required by this initiated on airy site which this section app aPix'nv section is obtained. C) Nothing herein shall be construed, however, to prohibit such clearing or altering as may be necessary for purposes of conducting pre-development stud, such as geotechnical tests, soil borings,wetlands determination,percolation tests for septic systems as required by the Board of Health,or other similar test as required in order to fulfill a reglubmieht of any Town Bylaw Or regulations of the Commonwealth- 83 4. Procedures a) The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection VIII Revisions to Approved Site Plans. b) Any proposed development meeting any of the criteria set forth in Subsection II Developments which require Site Plan Review, shall be subject to Site Plan Review and submit a Special Permit application to the Planning Board. c) An applicant for site plan review shall file an application form, fee,eight copies of the site plan, and any additional information as may be required (See Subsection V Information RequireA with the Planning Department. Once the applicant is deemed complete; the Planning Department will forward the application to the Town Cleric An application will not be deemed complete until an required information and fees are submitted. The time periods set forth in this Zoning Bylaw and M.G.L. Ch.40A will not start until the application has been deemed complete and submitted to the Town Cleric. d) The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequately review and analyze the contents of any site plan or impact study requested by the Board 5. Information Required a) Special Permit Application Form,along with any fees as may be set by the Town Bylaw; b) Drawings prepared at a scale of one inch equals forty fed(1"-40) or larger, or at a scale as approved in advance by the Town Planner. C) All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registe W in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts.All plans shall be signed and stamped; d) The times for submission of the site plans for review by the Planning Board are specified in Section 10.3 of the Zoning Bylaws(Special Permit Regulations) e) The following information must be submitted along with the application: i) NORTH ARROWA OCATION MAP: A north arrow and a location map showing surrounding roadways and land uses adjacent to the site (1'=1500D. Location Map should show at least one intersection of two existing Town roadways. ii) SURVEY OF LOTMARCEL: A boundary survey conforming to the requir lents of the Essex County Registry of Dodds Office. The survey shall be dated and include any revision made to the survey or site plan. Any change in the survey shat! be recorded before site plan approval may be granted. iii) NAME/DESCRHMON OF PROJECT:The name of the development and the names, addresses and telephone numbers of the project listing tenants, land uses, development phases, or other pertinent information necessary to evaluate the proposed development per• iv) EASEMENTS/LEGAL CONDITIONS: Identification of easemer>t(s) or kol encumbrances(s)that are related to the sites physical development,and a listing of any condition(s) placed upon the site by the Board of Appeals, Planning Board, Conservation Cormnission, or any public body or agency, with the authority to place conditions on the sites development. 84 V) TOPOGRAPHY: The present and proposed topography of the site, utilizing two foot (2')contour intervals. The contours shall extend at least fifty(5(Y) feet beyond the site boundaries by estimation of the professional submitting the plan. vi) ZONING INFORMATION: All applicable Zoning Bylaw information shall be provided regarding the site's developmenL This information shall be placed in a table and list all parking, setbacks, percent of lot coverage, floor-area-ratio, number of dwelling units, total amount of square feet, size of signs and any other applicable zoning information necessary for the proper review of the site plan by the Town Planner and Planning Board. vii) STORMWATER DRAINAGE:All stain water drainage control facilities utilized by the site shall be shown on the site plaa Storm water drainage calculations which support the design of the control facilities shown the plan shall be submitted to the Department of Public Works for review and approval. Calculations shall show a mitiga m of nm-off to zero of the 2, 10,and 100 year storm event. viii) BUILDING LOCATION: Iderl fication of all existing and proposed structures) located on the site. The number of stories,overall height in feet and gross floor area in square feet of all structure shall be indicated. ix) BUILDING ELEVATION:A drawing of the exterior of the building as viewed from the front (street view)must be submitted. The Phan erg Board may request side and rear views if relevant to the Board's review. This drawing must be at least 8"x 11"in size. X) LOCATION OF PARKING/WALKWAYS: Idsatification of the location of all =zting and primed Pig and walk-ways somaa, 1°cludin8 curb cuts that will be used to aoass the site fran adjacent roadways,or access points. xi) LOCATION OF WETLANDS/NOTICE OF INTENT:All resource areas as defined in M.G.L. Chapter 131,Section 40 and the Towds Wetland Bylaw,shall be shown on the site plan. The applicant shall file a Notice of Intent with NACC corrcur vntly with the application to the Plaming Board for Site Plan Review. xu) LOCATION OF WALLS/SIGNS: Identification of the location, height and materials to be used for all retailing walls and signs located on the site. Signs will be reviewed. using the guidelines set forth in Section 6.7(I)of the Zoning Bylaw. xiii) LOCATION OF ROADWAYS/DRIVES: Ideshfication of all right-of-ways and driveways including the type of curb and gutta to be used, and their dimensions. Distanoes to all the nearest roadways and/or curb carts shall be shown for both sides of any streets which is adjacent to the site. xiv) OUTDOOR STORAGE/DISPLAY AREAS:Idantfication of the location and type of outdoor storage and display areas on the site. xv) LANDSCAPING PLAN: Identification of the location and landscape schedule of all perimeter and interior landscaping. inchdirag but not limited to proposed paving materials for walkways, fencers, stonewalls and all planting materials to be placed on the site. In addition, all existing trees over 12 inches DBA, to be saved or removed shall be shown on the site plan. Ally landscaping raluired by the Town Bylaws shall be indicated on the site plan in tabular form showing the amount required and the amount provided. 85 xvi) REFUSE AREAS: Identification of the location of each outdoor refuse storage area, including the method of storage and screening. All refuse areas must be fully enclosed xvu) LIG]4TING FACILITIES: Identification of the proposed illumination, indicating the direction and the degree of illumination offered by the proposed lighting facilities, including an example of the light fixture to be used xviii) DRAINAGE BASIN STUDY:A detailed hydrology study for the site. Included in this study is the proposed storm water run-off rates into the existing drainage system and its potential down-stream impact on the existing drainage system. xix) TRAFFIC IMPACT STUDY: Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project. Projects which access state highways, a traffic impact study shall be filed with MEPA concurrently with the Planning Board review. A copy of the MEPA study shall be filed with the application to the Planning Board. xx) COMMONWEALTH REVIEW: Any information required and submitted to any agency of the Cormmmwe alth, shall be filed with the Planning Board upon the initial submission of the project for Board review. xxr) U aX IES: All utilities, including water line locations, sewer line locations and profiks,and storm drainage systans; xxii) FISCAL IMPACT: Projections of costs rising from increased demand for public services and nnfrastructime; provisions of benefits from increased tax revenues, employment and mfiwtirctum in4 rovanents; and impacts on adjacent property values. xw) COMMUNITY MACT: Analysis of the project's impact on the surrounding neighborlrood in tams of architectural consistency, pedestrian movement and overall character, impacts on nearby historic structures or site; and an evaluation of the proposed project's consistahcy ad mobility with existing local and regional plans. f) If the site plan review application is for the construction of any new wireless service facility on a previously permitted facility as set fourth in Section 8.9(3xa)9II)Wireless Service Facilities Use Regulations,the information required by Section 8.9(5)must also be submitted. The SPGA may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility(1998/38). 6. Review Crita ia/Design Guidelines a) The following criteria and design guidelines shall be used by the Planning Board in evaluating the site plan review and all information submitted as part of the application. General a) Conformance with all appropriate provisions of the Zoning Bylaw. b) Protection of abutting properties from detrimental site characteristics. ii) Environmental a) Protection of unique or important natural,historic or scenic features. b) Adequacy of proposed me diods of refuse disposal C) Ability of proposed sewage disposal and water supply systans within and adjacent to the site to save the proposed use. d) Adequacy of the proposed drainage system within and adjacent to the site to handle the increased runoff resuhin8 from the development. Provision of adNuaw landscapmg, including the screening of adjacent residential uses, provision of stmd trees, landscape islands in the parking lot and a landscape buffer along the street frontage. 86 f) Adequacy of the soil erosion plan and any plan for protection of steep slopes, both during and after construction. g) Protection of adjacent properties by minimizing the intrusion of fighting, including parking lot and building exterior lighting. h) The proposed development must not present a demonstrable adverse impact on the surrounding area resuk4 from excessive noise,dust; smoke, or vibration which are higher than levels now experienced from uses permitted in the surrounding area iii) Design a) Buildings shall be located with respect to setbacks placement of parking landscaping and entrances and exits with surrounding buildings and development. b) The buildings shad relate harmoniously to each other in architectural style,site location and building exits and entranoes. c) Screening shall be provided for storage areas, loading docks, dumpsters, rooftop equipme=nt,utility buildings and similar features. d) Electric, telephone, cable t.v., and other such lines and equipment must be Phiced e) Demonstrate that the scale, massing and detailing of buildings are compatible with those prevalent in the surrounding area. iv) Traffic/Parking a) The location and number of curb cuts shall be minimized to reduce turning movements,and hazardous exits and antrannces. b) Provision for access to adjoining properties shall be provided as appropriate. C) Driveways shall be located opposite each adier wherever possible. d) Joint access driveways between adjoining properties shall be encouraged e) hiternal circulation and egress shall provide for traffic safety, and access to and from manor stnrxts servicing one famdy dwellitngs shall be minimizer 7. Findings of the Pfaan4 Board a) With the concurring vote of four mambas, of the Plarnning Board shall either A)approve, B) approve with condWorns,or C)dory a site plant submitted for review. i) The Planning Board shall approve a site plan with the following conditions are met: a) The site plan complies with all current Bylaw raryinanarts of the Towrn,and; b) The site plan has been submitted in acccordaiwe with the regulations and procedures as outlined in this section and Section 10.31 (Conditions for Approval of Special Permik) ii) The Planting Board shall conditionally approve a site plan when the following conditions are mot: a) The application needs to go to any Town Board/Department or Corunission for approvals,or requites aPProvalls by any sumi;and/or federal agency and; b) The site plan generally complies with Town Bylaw requirements, but requires minor changes in order to be completely in compliance with the Town Bylaw regulations. iii) The Planning Board may dory approval of a site plan for the following reasons: a) The plan does not include all the materials or information required in this section, or hes failed to adhere to the procedures for Site Plan Review as oudinW in this section,and Section 10.3(Special Permits),or, b) The plan as presorted is not in comphanoe with Town Bylaws,or, 87 C) The plan has been drawn incorrectly or in such form that the Planning Board is unable to determine what information is being presented for review, or; d) The applicants have failed to incorporate and adhere to any conditions) for approval granted by any Town Board, Department or Commission, or requirements called for by any state or federal agency, which has proper authority upon which to place conditions on a matter before the Planning Board iv) The Planning Board shall render a decision within ninety (90) days of the public }rearing and shall file its written decision with the Town CleWs office and other appropriate parties in accordance with the provisions of M.G.L.Ch.40A. V) The applicant shall be responsible for filing a copy of the decision at the Registry of Deeds. Prior to the issuance of a building permit, the applicant shall present evidence of such recording to the Building Inspector. vi) For the purpose of securing the performance of all proposed work, including landscaping and off-site improvements, the Planning Board may require security submitted in the form of a chuck made out to the Town of North vn) Andover is an amornt determined by the Board to be sufficient to cover the cost of all or any part of the improvements required The check will then be placed in an interest bearing account and will be released upon the completion of the project. The Board,at its discretion, may release partial amounts of the security at certain stages of construction. 8. Revisions to Approved Site Pbm a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories: i) A change of location and layout of any parking area(s), signs, storage or accessory buildings,provided that no Town Bylaws are violated by the change; ii) The change in the proposed landscaping plan which does not violate any Town Bylaw; iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requffemaft of the Commonweakk b) Tlx revisions cited above may be completed without further review by Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially diffm t site plan than approved by the Planning Board in that changers are called for in the type, location and manner of the facilities and site ar�rovements to be constructed and shown in the approved site plan C) If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. (Section 8.3 rewritten and reorganized May 6, 1996 Annual Town Meeting,Article 20) 88 S.4 Screening aed Iaedscsping Regadrements for 06-.Street Commend and b dustrid Districts(1987/12) For all conrnercial and industrial districts the following minimum screening and landscaping requirements shall apply for all off-street lots with more than 6 parking spaces, or in any instance when a commercial or industrial off-street parking area of any size abuts a residential district 1. A strip of land at least sac (6) feet wide (may be part of required yard setbacks)with trees or shrubs densely planted,to create at feast an impervious screen, at least fair(4) feet high at the time of planting and which are of a type that may be commonly expected to form a year round impervious screen at least five(5)feet high within three years. 2. If a natural screen as described in item l above cannot be atlainod, a wall or fence of uniform appearance at least five(5)feet high above finished grade will be allowed. Such a wall and/or fence may be perforated,provided that not more than 25%of the face is open. 3. All acquired screening, as descn'bed in items l and 2 above, shall be maintained in good condition at all times. Such screening may be interrupted by entrances or exits,and shall have no signs attached thereto other than those permitted m the district. For all off-stred parking areas of 20 amore spaces the following criteria shill also apply. 4. On at least three sides of the perimeter of an outdoor parking lot, tbere shall be planted at least one tree for every dwty(30)linear feet. In the interior part of an outdoor parking lot whore two rows of parking spaces containing a total of 10 or more parking spaces face each other,a landscaped open space not less than 6 feet in width shall be provided. The landscaped strip may be provided eidw, 1) between the rows of parking spaces parallel to the aisle or, 2) in two or more strips parallel to the spaces and extending from the aisle saving one row of spaces to the aisle serving the odea row of spaces,as illustrated below. Trees required by this section shall be at least 3.5 inches in diameter at a height four feet above the ground at time of planting and shall be of a species cluractanmi by suitability hardiness for location in parking L lot. To the extent practicable, existing trees shall be retained and used to satisfy this section. The following graphics are intended as illustrations and acampks only and have not been incorporated into the requirements of this Bylaw.(See graph after Tables and Footnotes at and of Bylaw). 5. Ail artificial lighting used to illuminate any commercial or industrial parking lot,loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the parking, loading or driveway arca,and shall be shielded or recessed so as not to shine upon abutting properties or streets. Viil W Commercial Dimensional Iegme+emeaft In the Village Commercial Zoning District t the following requirements shall be adhered to. The following requiremems are only to be placed upon the Village Commercial Zoning District and shall take the place of the proceeding regulations found in paragraph 1-5. Screening Objective: Due to the high aesthetic standards to which dee architecture shall be made to confom, the main purpose of the screening shall be to screen the parking and other accessory structures which may be a part of the development.. The Planning Board may require any additional screening as may be reasonably required. a. All buffer zones must be designed by a registered landscape architect, or other professional as approved by the Planning Board. b. The Planning Board recommends that materials to be used in the buffer include but not limited to the following material: Natural/existing vegetation, natural topography, berths, stone walls, farces, deciduous and coniferous shrubvIroes, Mwrdals, annuals, pedestrian scale wallcways, gazebos and other landscape material as it addresses the aesthetic quality of the site. 89 The final approval of all material used within the buffer zone shall be at the discretion of the Planning Board. C. Parking lots containing 10 or more spaces shall be required to provide one tree for every five spaces. All trees shall be a deciduous mix of at least 2.5 inch caliper when planted Native trams and shrubs shall be planted wherever possible, in order to capture the"spirit of the locale" through indigenous species (such as lilac, viburnum, day lilies, ferms, red twig dogwood, oak, maple, sycamore, linden, hawthorne, birch, shadbush, etc.). [n instances where healthy plant mat€°rial exists on the site prior to its development, in part or in whole, for purposes of off street parking or odd vehicular use areas,the Planning Board may adjust the application of the above mentioned standards to allow credit for such plant material it in its opinion, such an adjustment is in keeping with and will preserve the intent of these standards. 8.5 Planned Residential Development(PRD) 1. EZRM: The purpose and intent of the regulations contained in this section are to promote the public health,safely and general welfare of the citiziens of the Town by providing for the following goals: a. To promote the more efficient use of land in harmony with its natural featurrs; b. To encourage the preservation of open space; C. To protect water bodies and supplies, wetlands, floodplain, hillsides (1994/40� agricultural lands,wildlif;and other natural resources; d. To permit greater flexibility and more attractive; efficient and economical design of residential developments; e. To facilitate economical and efficient provision of utilities; f. To meet the town's housing needs by promoting a diversity of housing types. 2. Applicability An application for a Planned Residential Special Permit (PRD) shall be allowed for parcels of land in the R-1, R-2, and R-3 Districts in accordance with the standards set forth in this section. An application for a Planned Residential Development Special Permit shall be deemed to satisfy the na pirerncrrts for Site Plan Review. 2. Permit Authority The Planning Board shall be designated as the Special Permit Granting Authority,and shall grant special permits for PRD's consistent with the procedures and conditions set forth in this section as well as in Sections 10.3 and 10.31 (Special Permits)of this Bylaw. 4. Procedure for Approval Preliminary Plan The applicant must submit a preliminary plan per Section 6(G) (1994/40) and schedule pmapplication conference to discuss the pruposod PRD with the Planning Board before the submission of the final special permit application and supporting documents,to the Board for review in a public bearing. FM Plan Submittal The applicant shall follow the procedures and standards contained in this section and Section 10.3 (Special Permit)in submitting a set of final plan to the Planning Board for review. 5. Information Required Any applicant who desires a special permit under requirements of this section shall submit an application in writing in such form as the Planning Board may require which shall include at the minimum the following: A. Development Statement: Which shall consist of a petition; a list of the parties of interest with respect to the PRD parcel and any parcel proposed to be used pursuant to the subsection 5a below. A list of the development team and a written statement meeting the requirements of a site evaluation statement under the Subdivision Rules and Regulations of the Planning Board; and setting forth the development concept and the spedic requirements of the Zoning Bylaw within a table which includes the following information: 1. The number of units, 90 2. Type size(number of bedrooms), 3. Floor area, 4. Ground coverage, 5. Summary showing open space as percentages of the total area of the PRD tract, 6. Development schedule for all site improvements. a. Copies of the proposed i nstrurnahts to be recorded with the plans including the Usable Open Space perpetual restriction, which shall be deeded to a membership corporation, non-profit organization, trust, public agency, or the Town of North Andover. b. Developmaat plans bearing the seal of a Massachusetts Registered Architect, Registered Civil Engineer or similar professional as appropriate and consisting Of 1. Subdivisions-All plans shall be drawn at a scale of 1"-40' showing all site improvements and rneet4 to the extent applicable, the r+equjancots set forth for a Definitive Plan in the Subdivision Rules and Regulations of the Phoning Board and, Site Plans - Plans submitted shall meet the roquiranents contained in Section 8.3 (Site Plan Review)to the eutert applicable. B. Review by Other Town Depg n gg!j: The Planning Board shad within ten days of receipt of an aPP licatm under this section, refer the application to the Conservation Commission, Public Works Department, Board of Health, Building Inspector, Police Department, and Fire Departrnerrt for written sports and recommendations. No decision shall be made until such reports, are returned or thirty-five days have elapsed following such referral without receipt of such report. C. Findings of the Planning Board The Planning Board may issue a special permit undo this section only if the Planning Board fords that the PRD is in harmony with the general purpose and intent of this section and Section 10.3(Special Permit)and that the PRD contains residential development and open space in a v to be sufficiently advantageous to the Town and masts tine purpose and it W of this section, ' which -orders R appropriate to depart fivm the regthirvtxats of dobylaw otherwise apphcable to the Zoning District in which the PRD parcel is located. If a special pe rnk is granted, the Planning Board may unpose a cadidoo thereof that installation of municipal services and construction of roadways within the PRD shall comply with the requiraneats of the Subdivision Rules and Regulations of the Planning Board. Further,the Regulations of the Planning Board may re*=sufficient security to ensure connpliance with the Subdivision Rules and Regulations,planned recreation facilities and site amenities;and may impose additional safeguards pertaining to public safety,welfare and convenimm 6. Development Standards: lication filed for a special permit under this section, the A. Allowable Parcel Shu: For each app applicant must have a contiguous parcel of land, in single or consolidated ownership at the time of application,which is at least ten(10)acres in size. B. Allowable Uses: The following principal uses are allowed in a Planned Residertial Development: 1. Single fiunily detached houses; 2. Residential structures with up to five dwelling units per structure, utilizing common wall construction; 3. Church or other religious purposes; 4. Agriculture on parcels greater than five(5)acres; 5. Public parks; 6. Conservation area or hand preserved as perraw at open spaces 91 7. Membership clubs for the exclusive use of the residents of the development. C. Dimensional Regulations: Site Plans Minimum Lot Size: Not Required Lot Frontage: Not Required All Yard Setbacks: Not Required s • Height Limitation: 30'or.2.5 stories Distance Between Structures: 50' trucrlrrrs Buffer Zone 50' from the parcel boundary to any structure located within a PRD Development. Said buffer shall remain open without pavement or roadway(s)and left in its natural condition. D. Dimensional Regulations: Subdivisions Minirnum Lot Size: R-1 and R-2 21,780 square feet;R-3 12,500 square feet - Lot Frontage: I W all zoning districts - All Yard Setbacks: 20'(1) - Height Limitation: 30'and 2.5 stories - Buffer Zone.(1993/33) A fifty-foot(5(Y}bonder from the parcel boundary running the full length of the perimdw of the parcel. No structure shall be built within the Buffer Zone. The Buffer Zone shall remain in its natural state except; I. trees and/or shrubs may be added to improve the buffer characteristic of the Zane,and 2. roadways perpendicular or nearly perpendicular to the Zane may be installed to access the Site, if approved as part of this PRD Special Permit granted be the Planning Board. Such roadways shall be minimized within the context of sound subdivision planning practices. 1. The structure may be placed upon a side lot line without a side yard setback, provided that the adjacent lot to which the zero setback is located has the required side yard setback E. Parking Reguirernahts: For all Planned Residential Development off-street parking shall be provided as required by Section S.1 (Off-Sired Parking). F. Usable Open Space: Usable Open Space shall be defined as the part or parts of land within the PRD which are reserved for permanent open space. This space shall exclude parking areas, but include. required setbacks and walkways. The usable open space shall be open an unobstructed to the sky, however, trees, planting arbors, flagpoles, sculptures, fouumams, swimming pools, atriums, outdoor recreational facilities and similar objects shall not be eonnsklered obstructions. 1. For subdivision PRD's the minimum usable open space requkerimts shall be 35%of the total parcel area; and no more than 25%of the total amount of required usable open space shall be wetland. 2. For site planned PRD's,the minimum usable open space requirremernts shall be 509/o of the total parcel area;and no more that 25%of the total required usable open space shall be wetland. All resource area shall be determined by the requirements of M.G.L. Chapter 131, Section 40, and the Town's Wdlarnd Bylaws under this subsection. For all PRD's the Usable Open Space shall be owned in common by and readily accessible to the owners of all the units in the PRD by arty of the following groups.- 1. roups:1. A noon-profit organization or trust whose members are all the owner and occupants of the units, 2. Private organization including but not limited to the Trustees of Reservations or Essex County Greenbelt Association whose primary function is preservation of open space, 3. The Town of North Andover, 4. Any group as indicated by the Planning Board which exists or is created for the purpose of preserving open space for the owners of the units located in a PRD Project. 92 Further, a perpetual restriction of the type described in M.G.L. Chapter 184, Section 31, (including firtum amendments thereto and corresponding Provisions to future laws)running to or enforceable by the Town shall be recorded in respect to such land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation. Board shall prescribe and may Such restriction shall be in such form and substance as the Planning p y contain such additional astrictions on development and use of the Usable Open Space as the Planning Hoard may dean appropriate. G. Cakulation of Albwabk Residential of buildable lots in a PRD will be equal Except as noted in Subsection H below,the maximum number � subdivision Ian. In to the number of buildable lots which would result frau an approvedP MW to determine the residential density of a PRD, the applicant must submit to the Planning Board a plan which: l mom the criteria of a Preliminary Subdivision Plan as defined in Section 3(b)of the"Rules and Regulations Governing the Subdivision of Land,North Andover,Massachusetts"in effect at the time of plan submittal, 2. is fully compliant with the"Zoning Bylaw"in effect at the time of plan submittal,and 3, requires no zoning variances. The Planning Board will use this plan to determine the maximum number of buildable bis.(1994/40) H. Density Bonuses l. Affordable Houses Bonus For all PRD's the total number of allowable lots and/or dwelling units may be increased up to 20% if the developer designates at least 30%of the total number of units for use in conjunction with one or more state or federal housing assistance pry. However, in the instance where the use of federal or state programs are not available to the Housing Authority, the Planning Board, after consultsdan with the Housing Authority, may propose alternative methods of attaining the Affordable Housing Bonus. The developer shall certify, in writing to the Planning Board that the appropriate number of dwelling units have bean set aside and conveyed to the North Andover Housing Authority (or other actions are required), before the Planning Hoard shall grant any special permit with density bonus provisions. Furdmr, the developer shall be responsible to work with the North Andover Housing Authority to initiate and conclude occupancy of said units within one year of their completion. Failure to do so shall be deemed a violation of the special permit criteria. The granting of this bonus density shall not exempt the proposed development fi xn any'Other criteria required by this section or regulation contained m the Town Bylaws. 2. QW Space 8oaus For nwlti-family PRIJ's, the total number of allowable dwelling maybe ybe increased up to 10% if the proposed PRD provides sixty-five percent(65%)usable open space consistent with the definition of usable opera space as provided in this section. The granting of this bonus density shall not exernpt the proposed development from airy' ods crit na required by this section. 3, Maximum Density Proposed PRI7s may utilize both bonus provisions, i.e. affordable housing and open spacer however, the Wanting of bonus densities shall not exempt the proposed development from any other criteria required by this section. 93 U Satemrbe Receiver Dim(1987/83) To restrict the erection and/or installation of satellite microwave receiver discs in residential districts to a ground level area,to the rear of the rear line of the building within the side boundary lines of the same building so that it is out of sight fran the strxt. [Note: 8.7 Growth Managm at deleted May 2004 per Article 39.] (2004/39) Section 8.8 Adult Use Zom The Adult Use Zane a herein established as an overlay district and shall be sopa iq)osed on the odw districts established by this Bylaw. The requinanents ammrated for anis Adult Use Zone shall be in addition to, rather than in place of,the requi anents of the odur districts. Adult uses may be allowed by Special Permit in the Adult Use Zane,as described below. Adult uses shall be prohibited at any odw location in the Town. The following regulation shall apply to Adult Uses as defaced in Section 2 of this Bylaw. 1. Boundaries: Boundaries of the Adult Use Zone ane shown on the Zoning Map and shall include the following parcels as kkntifnod on the 1995 Assessor's Map: Map 34 Parcels 27 and Map 77 Parcels 3, 12, 13, 14 dt 17. Map 34 Parcel 27 Natimly 250'+/- by Holt Road Easterly 340'+/-by Lel 2 Soudwly 240'+/-by City of Lawrance Airport Westerly 330'+/-by Lel 4; Map 77 Parcel 13 Northerly 100'+/-by Holt Road Easterly 370'+/-by Lot 4 Southerly 130'+/-by Parcel Westerly 400'+1-by Clark Strnet Map 77 Parcel 14 Northerly 245'+-by Holt Road Easwrly 330'+1-by Lot 3 Southerly 250"+/-by Parcel 3 Westerly 370'+/-by Lel 7 Map 77 Pawl 3 Nordnarly by 410'+/-by Lots 3,4,acct 7 Easterly 250'+/-by City of Lawrance Airport Conus Southerly 465+/-by City of Lawrence Ai pat Comm. Westerly 460'+/-by Clank Street Map 77 Parcel 12(3 sided lot) Northerly 410"+/-by Parcel 17 Easterly 270'+/-by Clark Streot Southerly 285'+/-by City of Lawrance Airport Comm;n. and Map 77 Parcel 17 Nortfurly 120'+/-by City of Lawrence Airport Comm. Easterly 210"+/-by Clark Stmt Southerly 410"+/-by Parcel 12 Westerly 590'+1-by City of Lawrance Airport Comm 2. Separation Distances:Adult uses may not be looted: 94 a) within five hundred feet(500')of the MVerty line of any Miderhtial Zoning D6tric M church, school,Park,or Phty�� of other idol use as defined herein; b) wit do Erre hundred feet(500w three 6hudrod )teat(300,)of ay eatablisb Tient IiMWW under MGL Ch. 1389 Sac. 12. C) xception of an adult cobard a an aduk motion PiCUM dneatar 3 Maximum Ussbk Floc Area: With dna five hundred(3,500)squae foot of usable floor area adult use may not exceed three thousanshall 4. p�RO� P irarneats:Tl�folbwin8 parking d in or��� a) and shall be contauhed on the propaty b) �!park*ares shall be hlhunwtad► c) Pwk ng areae shall be budsaaPad in with the aPpraprate P v,/Wota of the zoning by-iow' WWscaped buffer shall be provided along the side At a miokomn, a f�(S) 'oat wide Ines of an aduk use establisMrrert oonsisbog of CvWF t shrubs or�not less thaw five(5) and Ran propertya a solid faooe cot Im tom sic(6)feet in bight. feet lei D at the time of pleating. wkdom shall be screaied in nach a manner as to prevent visual antritis and 5. AU building o'P�the estiblishmeoi by the per• aeoees m the into ay for lAutim"Int a other phrcpose airy sign,p�or other 6. No idol use than be allowed �the exterior of the bur>dv�g or on fire intQiur whore the same may hitt materials to dna®an0rdterial arty sexually explicit figurrns cc-words as def nal be scan torougb slate or other We transparent materialany A M.G.L. Sec.31 t': M Mw appy for a�hd Ped for an aduk use establishunent must incchrde 7. Obcst�o°MM the following a) Narne and address of the legal owner of the establishmatr, and of the kgttl owner of the Property, equity or seoarity ie�erests b the establrabmamt; b) Name and addres of all parsons having c) Name and addrm of the manager; d) Number Of anpbyam' 0) Proposed P wWM for secrty °and wAlnohrt the astabdstnnnt; fl The physical hyout of dee inbariar of do esteb>ia�eat. mall be the Special Permit Granting g, Special Permit Gr.nt>tfa Autha&.'17 a Zoning Beard of Appeals pec No adult spec' Permit shall be issued to my parson coayhcled oAuthoritY. f v"Wig the P�10�of MGL 9. use � Ch, 119,Sec.63,a MGL Ch.272,Sec.28. hold � ,_ (65) An adult use Per permit shs11 only be tithed following a Public bearing 10. dar after tlra fib6 of an appwith the specha Ped tlryt,it,ordy, a copy of which shall ft*with be given to the Tows Chrk by the gvbc @UL the determination, by the Special Pamir 11. Special permis for adult um shalt be greased only upon Granting Authority that the location and design of the Wilily tie o h■rnnony with its shat+oradiogs,hard piards exist through licensing or other anew 10 as,= on a basis that thtr a ° b stands ds of adults in the Co m>< *and will activities therein will not be paostly contrary P not irwolve minors in- .way t e roK declared invalid shall not affect the validity aMhcatm 12. �Y section of do by-law,a portion or of ft rernainder of the by-law. (Section S.8 acted ad approved May'6, 1996 Arrau Town Meering,Article Z2) 95 Section 89 wireless Service Facdities 1) Purpose a) It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town or adjacent thereto. No wireless service facility shall be placed, constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority (SPCA). The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placement, construction and modification of wireless service facilities within the town. This bylaw is intended to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, preservation of the rural character and the provision of adequate infrastructure development in North Andover. b) The regulation of wireless service facilities is consistent with the purpose of the North Andover Zoning Bylaw and planning efforts at the local government level to further the conservation and preservation of developed,natural and undeveloped areas,wildlife; flora and habitats for endangered species;protection of the natural resources of North Andover,enhancement of open space areas and respect for North Andover's rural character. 2) Definitions: a) Above Ground Level (AGL). A measurement of height from the natural grade of a site to the highest point of the structure. b) Above Mean Sea Level (AMSL) A uniform point from which height above sea level (or zero elevation)can be measured. c) Antenna.The surface from which wireless radio signals are seat and received by a wireless service facility. d) Camouaaged. A wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be"camouflaged." e) Carrier.A company that provides wireless services. Q Co-location. The use of a single mount on the ground by more than one carrier (vertical co- location)and/or several mounts on a preexistent building by more than one carrier. g) Cross-polarized (or dual-polarized) antennas. A.low mount that has three panels flush mounted or attached very close to the shaft. h) Elevation.The measurement of height above mean sea level. 1) Environmental Assessment (EA). An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless service facility is placed in certain designated areas. j) Equipment Sbelber. An enclosed, structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment. k) Functionally Equivalent Services. Cellular, Personal Communication Services (PCS Enhanced Specialized Mobile Radio,Specialized Mobile Radio and Paging. n GPS. Ground Positing System by satellite location of antennas. m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables. 96 n) Lattice Tower. A type of mount that is self-supporting with multiple legs and cross bracing of structural steel. o) Licensed Carrier. A Company authorized by the FCC to construct and operate a commercial mobile radio service system. p) Monopole. The type of mount that is self-supporting with a single shaft of wood steel or concrete and a platform(or racks)for panel antennas arrayed at the top. y) MowL The structure or surface upon which antennas are mounted, including the following four types of mounts: (1) Roof Mounted: Mounted on the roof of a building. (2) Side-mounted: Mounted on the side of a building (3) Ground-mounted:Mounted on the ground. (4) Struchwe-mounted:Mounted on a structure other dean a building. r) pdidirmtioad(widp)anteens. A thin rod that beams and receives a signal in all directions. s) Panel Antrne.A fst surface antenna usually developed in mukiples. t) PCS. Co■unanintiona Sen►iees.These are broadband radiowave systems that operate at a radio frequency in the 1850- 1900 megahertz range. a) Radiob"neM (RIP)Engl w.An engineer specializing is electric Or microwave engmeerang. especially the study of radio frequencies. v) Rodiiob"Ung Radiadon(KMThe emissions fim wir>a m service facilities as defined in the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation(FCC Guidelines)or any other applicable FCC guidelines and regulations. w) Security Barrier. A locked irnpendrable wail,farce or berm that completely seals an area from unauthorized awry or trespass. z) Separation,The distances between one army of antennas and another array. y) Utf►.A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or services(both audio and video)between generating stations, sub-stations,and transmission lines or other utility services. s) Wireless Sen►iee FeelI ty. Facilities used for the principle purpose of commercial or public wireless come a nications uses, such as cellular telephone services,enhanced specialized mobile radio services, microwave comr 1 icatian,wireless communications services, paging services and the hits,as defined in Section 704 of the Federal Tellecommunications Act of 1996,as amended. Such facilities shaU include towers,antennae,antennae support ,panels,dishes and accessory strucKurea. as)Wireless Services. The three types of services regulated by this Bylaw:eonnmnarcial mobile radio services,unlicensed wireless services,and coaunon carrier wireless exchange access services. 3) District Regnlatior a) Use Regrlatioar: A wireless service facility shall require a buiidmg permit in all cases and may be permitted as follows: i) The carrier must demonstrate that the facility is necessary in order to provide adequate service to the public. ii) A wireless service facility may locate as of right on any adathng guyed tower, lattice tower, monopole or electric utility transmission tower for which a special permit issued under this Section 8.9 is in effect, provided that the new facility shall fust obtain site plan review approval from the Planning Board and, provided further drat any new facility shall not exceed the tams and conditions of the special permit in effect for the existing facility on which it is to be located. 97 iii) No wireless service facility shall be located in the Town except upon issuance of a special permit in accordance with Section 10.3 of this Bylaw. Such a facility may be located in any zoning district in the Town, provided that the proposed facility satisfies all of the requirements set forth in this Bylaw. b) Location: Applicants seeking approval for wireless service facilities shall comply with the following: i) If feasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures, preexistent telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of preexistent telephone and electric utility structures as sites for one or more wireless service facilities. The applicant shall have the burden of proving that there are no feasible preexistent structures upon which to locate. ii) If the applicant demonstrates to the satisfaction of the SPGA (Special Permit Granting Authority)that it is not feasible to locate on a preexistent structure,wireless service iii) facilities shall be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings(as indicated through site plan review),and placement within trees. iii) The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or Special Permit. c) Dimensional Requirements: Wireless service facilities shall comply with the following requirements: i) Height, General Regardless of the type of mount, wireless service facilities shall be no higher than ten feet above the average height of buildings within 300-feet of the proposed facility. In addition, the height of a wireless service facility shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service'facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height. U) Height, Ground-Mounted Facilities Ground-mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level(AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may exist or may be planted on site. iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten(10)feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally non- conforming with the respect to height, provided that the facilities do not project above the existing building height. iv) Height, Preexistent Structures (Utility) New antennas located on any of the following structures existing Y on the effective date of this bylaw shall be exempt from the' height restrictions of this bylaw provided that there is no increase in height of the existing structure as 98 a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles. v) Setbaclo All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the Zoning district in which the facility is located. In addition, the following setbacks shall be observed. (1) In order to ensure public safety, the minimum distance from the base of any ground- mounted wireless service facility to any property line, shall be 2x the height of the facility/mount, including any antennas or other appurtenances. This set back is considered the "fall zone". A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types. (2) In the event that a preexistent structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non-conforming structures, wireless service facilities and their equipment shelters shall not increase any non-conformity. 4) Design Standards a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows CamouBage by Existing Buildings or Structures (1) When a wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexistent architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. (2) Wireless service facilities which are side-mounted shall blend with the preexistent building's architecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building. h) Camouflage by Vegetation. If wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tragi growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted wireless service facilities shall provide year-round vertical evergreen vegetated buffer of 50 feet, or 75%of the overall height of the structure, in all directions. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Vegetation should be natural in appearance and consistent with surroundings. ih) Color (1) Wireless service-facilities, which are side-mounted on buildings, shall be painted or constructed of materials to match the color of the building material directly behind them. (2) To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it,they must be painted in a light gray or light blue hue which blends with sky and clouds iv) Equipment Shelters Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards: (1) Equipment shelters must be located in underground vaults;or (2) designed consistent with traditional materials,color and design of the area,or (3) camouflaged behind an effective year-round landscape buffer,equal to the height of the 99 proposed building, and/or wooden fence acceptable to the permitting authority b) Lighting and signage i) Wireless service facilities shall be lit only if required by the Federal Aviation Administration (FAA). Li equipment other facilities on site shall be shielded from Lighting of eq Fmenc structures and any abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and foot-candle measurements at the property line shall be 0.0 initial foot- candles when measured at grade. ii) Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No tower or other facility shall contain any signs or other devices for the purpose of advertisement. All signs shall comply with the requirements of Section 6; Signs and Outdoor Lighting Regulations of this bylaw. iii) All ground mounted wireless, service facilities shall be surrounded by a security barrier and shall be protected against unauthorized climbing or other access by the public. c) Historic Buildings i) Any wireless service facilities located on or within a historic structure shall not after the character-defining features, distinctive construction methods,or original historic materials of the building. ii) Any alteration made to a historic structure to accommodate a wireless service facility shall be fully reversible. iii) Wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district. iv) The Historic District Commission must review all appropriate facilities: d) Scenic Landscapes and Vistas i) No facility shall be located within 300 feet of a Scenic Road. If the facility is located farther than 300 feet from the scenic road, the height regulations described elsewhere in this Bylaw shall apply. ii) Wireless service facilities shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required in the Camouflage section above, all ground mounted wireless service facilities that are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth. e) Environmental Standards i) Wireless services facilities shall not be located in wetland resource areas. Locating of wireless facilities in wetland buffer areas shall he avoided whenever possible and disturbance to wetland buffer areas shall be minimized. All Conservation Commission regulations and procedures must be followed. ii) No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110%of the volume of the hazardous materials stored or used on site. Applicant must comply with all federal, state and local regulations governing hazardous materials. iii) Storm water run-off as a result of the wireless facility shall be contained on-site and comply with the DEP Storm Water Management regulations as applicable. iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier. v) Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna. 100 i) Safety Standards i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. ill) Structural Integrity.The applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility. 5) Application Procedures a) Special Permit Granting Authority (SPGA� The Special Permit Granting Authority(SPGR) for wireless service facilities shall be the Planning Board. b) Pre-Application Conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. C) Pre-Appumtion Conference Filing Requiremeuts. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed wireless service facility. As such, no formal filings are required for the pro-applicahown conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility,as well as its scale and overall design. d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities: General FEE Requirements (1) Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co-applicant. • (4) Original signatures are required for the applicant and all co-applicants applying for the Special Permit. If an agent represents the applicant or co-applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with. a) Location Filing Requirements (1) Identify the subject property by including the name of the nearest road or roads, street address,and Assessors Map and Parcel number of subject property (2) Identify the Zoning District designation for the subject parcel. Submit a copy of Town zoning map with parcel identified. (3) A locus map at a scale of 1"= 1500' showing the subject property and all properties within 300 feet and the location of all buildings, including accessory structures,on all properties shown. (4) A map showing the other preexistent and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary. (5)GPS all equivalent system locating by latitude and longitude wireless service facilities iii)Siting Filing Requirements. A one-inch-equals-40 feet plan prepared by a Registered 101 Professional Engineer in the Commonwealth of Massachusetts showing the following: (1) Property lines for the subject property. (2) Property lines of all properties within 300 feet of the proposed location. (3) Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height. (4) Outline of all existing buildings, including purpose(e.g. residential buildings, garages, accessory structures, etc.)on subject property and all properties adjacent to the subject property. (5) Proposed location of antenna, mount and equipment shelter(s). (6) Proposed security barrier, indicating type and extent as well as point of controlled entry. (7) Location of all roads,public and private,on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the wireless service facility. (8) Distances, at grade, from the proposed wireless service facility to each building on the vicinity plan. (9) Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. (10)All proposed changes to the preexistent property,including grading, vegetation removal and temporary or permanent roads and driveways. (11)Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the wireless service facility. (12)Lines representing the sight line showing viewpoint(point from which view is taken) and visible point(point being viewed)from'Sight Lines"subsection below. (13)Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission. iv) Sight lines and photographs as described below: (1) Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building(viewpoint) within 300 feet to the highest point(visible point)of the wireless service facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all intervening trees and buildings. In the event there is only one(or more)residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any. (2) Preexistent(before condition)photographs. Each sight line shall be illustrated by one four- inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 300 feet. (3) Proposed (after condition) photographs. Each of the preexistent condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed wireless service facility is built. (4) Siting elevations or views at-grade from the north, south, east and west for a 50-foot radius around the proposed wireless service facility plus from all preexistent public and private roads that serve the subject property..Elevations shall be at either one-quarter inch equals one foot or one-eight inch equals one foot scale and show the following: (a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and 102 i average ground level (AGL) of the highest point. All future proposed antennas, mounts and equipment shelters if any must be shown in order to be included in the Special Permit. (b) Security barrier. If the security barrier will block views of the wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier. (c) Any and all structures on the subject property. (d) Preexistent trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation,with approximate elevations dimensioned. (e) Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours AMSL. v) Design Filing Requirements brochures for the proposed wireless service facility such as manufacturer's ent (1) Equipment s mounts for the antenna , provided , specifications or trade journal reprints shall be p equipment shelters,cables as well as cable runs, and security barrier, if any. (2) Materials of the proposed wireless service facility specified by generic type and specific treatment (e.g. anodized aluminum stained wood, painted fiberglass, allays, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (3) Colors of the proposed wireless service facility represented by a color board showing p shall be provided for the antenna mounts, equipment actual colors proposed. Colors shelters,cables as well as cable runs,and security barrier, if any. 4) Dimensions of the wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antemnas, mounts, equipment shelters and security barrier, if any. (5) Appearance shown by at least two photographic supermposition's of the wireless service . f acilitywithin the subject property. The photographic superimposition's shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. and shrubs and those proposed to be added, including preexistent trees P P� Ian (6) Landscape p g identified by size of specimen at installation and species. (7) During the public hearing process the applicant shall schedule with the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility. (8) If lighting on the site is required by the FAA, the applicant shall submit a manufacturers computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade,within the property to be developed and twenty-five(25) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed. n�Noise IRS"Requirements (1) The applicant shall provide a statement listing the preexistent and maximum future projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following: (a) Preexistent or ambient:the measures of preexistent noise (b) Preexistent plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. 103 (c) Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet DEP requirements and Section 8.9(4)(e). vii) Radiofrequency Radiation(RFR)Filing Requirements (1) Alt telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, including FCC Radio Frequency Emissions standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies; power levels will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary, field verification. The Permit Granting Authority may condition any Special Permit granted under this section upon a periodic submittal of certification of compliance with said standards. (2) In order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and maximum future projected measurements of RFR from the proposed wireless service facility, including all co-locators, for the following situations: . (a) Preexistent or ambient: the measurement of preexistent RFR. (b) Preexistent plus proposed wireless service facilities: maximum estimate of RFR from the proposed wireless service facility plus the preexistent RFR environment. (c) Certification, signed by a engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards sub- section of this Bylaw. (3) Applicant must submit a copy of the letter from the Massachusetts Department of Public Health approving the site for this facility as required by 105 CMR 122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions. viii) Federal Environmental Filing Requirements (1) At the time of application filing, an Environmental Assessment (EA)that meets FCC requirements shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC (2) The applicant shall list location, type and amount (including radiation trace elements) of any materials proposed for use within the wireless service facility that are considered hazardous by the federal, state or local government. ix) Waiver. The SPGA may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility. 6) Co-location a) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are stand-alone facilities. All applicants for a Special Permit for a wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes: i) A survey of all preexistent structures that may be feasible sites for co-locating wireless service facilities; Contact, with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts;and iii) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. 104 b) An Applicant shall demonstrate to the Planning Board that it has made a good faith effort to co- locate its facility upon an existing facility. The Town may retain a technical expert in the field of RF engineering and/or a structural engineer to verify if co-location at the site is not feasible or is feasible given the design configuration mostapplicant. ac( The Town may deny a ing to co-location. She cost for such a peciai Permit t an technical expert will be at the expense of the pP applicant who has not demonstrated a good faith effort to provide for co-location, c) If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies that show the final appearance and operation of the wireless service facility at full build-act. d) If the SPGA approves co-loca tion for a wireless service facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Pursuant to Section 8.9(3) Regulations facilities specified in the Special Permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved Special Permit shall require a new Special Permit. This allows a carrier to "pre-permit" a site for additional facilities so that they will not have to apply for another Special Permit lata. e) In order to determine compliance with all applicable FCC Regulations,estimates of RFR emissions will be required for all facilities, including proposed and future facilities both for the applicant and all co-locators. 'n Modifications a) A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility and will require a Special Permit when the following events apply: i) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing. ii) The applicant and/or co-applicant want to after the terms of the Special Permit by changing the wireless service facility in one or more of the following ways: (1) Change in the number of facilities permitted on the site; (2) Change in technology used for the wireless service facility. 8) Monitoring and Maintenance a) After the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RER measurements are accurate and are in compliance or why the measurements. fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(cx1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. b) After the wireless service facility is in operation the applicant shall submit to the SPGA; within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and med the Noise Standards sub-section 6.13.14.5 of this Bylaw c) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer and landscaping. 105 d) Failure to obtain the information required in this subsection 8.9(8) of the Bylaw shall result in a fine of not more than $300 dollars for each otf'ense. Each day that such violation continue shall constitute a separate, offense. 9) Abandonment or Discontinuation of Use a) At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service facility shalt be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service facility within 90 days from the date of abandmment or discontinuation of use. "Physically remove"shall include"but not be limited to: i) Removal of antennas, mount, equipment shelters and security barrios from the subject prey. ii) Proper disposal of the waste materials fran the site in accordance with local and state solid waste:disposal regulations. iii) Restoring the location of the wireksa service facility to its natural condition, except that any landscaping and grading shall remain the after-cooditian. c) As a condition of any special permit for the placement, construction or modification of a wireless service facility, a carrier shall place into escrow a sum of money to cover the costs of rernoving the facility from the subject property. Said amount shall be certified by an engineer,architect or other qualified professional registered to practice in the Comunoaweetth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGR. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has buses abandoned or discontinued. In the evert the posted amount does not cover the cost of dennolition and/or removal the Town may place a lien upon the property covering the difference in coat. d) A facility shall be doomed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six(6)months or more. Once abandonment or discautinuance has occurred, the carrier shall remove the facility from the subject property within ninety days. In the event that the carrier fails to remove the facility, the town shall give notice to the carrier aril the indepeodeat escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agesnt, after affording written notice seven days in advance to the carrier, shall remove the facility. e) Failure to follow the provisions of this subsection 8.9(9) shall result in a fine of not more than $300 dollars for each offense. Each day that such violation continues shall comstitute a separate offense. 10) Recomwection or Replacement of Existing Towers nand Monopoles a) Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of Session 8.9 this Bylaw may be reconstructed, altered, extended or replaced on the same site by Special Permit, provided flat the SPCA finds that such alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the preexistent non-conforming structure. In making such a determination, the SPCA shall consider whether the proposed reconstruction, alteration, extension or replacement will cerate 106 public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts. 11) Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insurance companies shall be in force to cover age from the structure,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. facility, shall be b) Funds, sufficient in the opinion of the SPGA to cover ann escrow agent whoshaof ll be authorized to placed into escrow and shall be held by the mdcpa�da�t of the facility on terms to be agreed upon by the carrier and expend the Bunds for the maintenance KY the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. 12)Term of Special Permit Mess service facility shall be valid for three(3)years. a) A Special Permit issued for any The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are farad in Section 10.3 of this Zoning Bylaw(1998/36). Section 8.10 Lot/Sbpe Reqs district the fwilig pr,mhions of this Section 5.10 1, Lot/Slope RaNiramals:In the residential zoning shall apply- Theof this bylaw is to preserve and enhance the landscape by a. PWPOM Pure encouraging the maximum retention of natural topographic features, such as drainage swales, streams, slopes,ridge lines,rock outcroppin$a,vistas,natural plant formations and trees;to minimize water runoff and soil-erosion Problem incurred in grading of steep sus;to encourage innovative architectural, landscaping,circulation and site design. For the purposes of this subsection,the term"natural"shall be defined as the condition of the ground surface as it exists at the time a subdivision or developmxmt his proposed including ve occurred any main-made aherahm such as grading,excavation or filling y se prior to the time such subdivision or development is submitted. No land intended for subdivision or development may be regraded or filled in such manna'as to circumvent this bylaw b. hyla sior: The provisions of this Subsection 8.10 shall not apply to building lots in a Prodefinitive subdivision plan submitted in accordance with M.G.L.Chapter 41 in order to obtain the protections afforded by M.G.L. Chapter 40A, Section 6. C. DeBuling the Sbpe: The slope of land at any poi K,stated as a percentage, shall be defined as the change in elevation over a horizontal distance measured perpendicular to the contours divided by the distance over which the change occurs multiplied by 100. The slope of land at any point,may be stated as a natio(2:1,3:1,4:1,etc.). The first number of the ration indicates the horizontal distance and the second number indicates the vertical rise. 107 d. Undisturbed Slopes: All natural slopes exceeding 33%(3:1)over a horizontal distance of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for subdivision or on a building lot are protected and shall remain undisturbed. e. Slope Exclusion for Minimum Lot Area Calculation: All areas with natural slopes exceeding 33%(3:1)over a horizontal distance of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for subdivision or development, or on a lot intended for building purposes, shall be excluded from the calculation of the minimum lot area required for the applicable zoning district. f. The Planning Board may grant a special permit for exemption from the provisions of this section if, in the Board's opinion, the proposal satisfies the purposes of Subsection S.10.La above. In cases where the proposal includes disturbing or creating slopes exceeding 33%, the request for special permit must be accompanied by: i) A geotechnical report prepared by a registered professional civil engineer in the Commonwealth of Massachusetts that recommends methods for slope stabilization. ii) A commitment from the applicant to fund construction inspection services of a geotechnical engineer. 108 SECTION 9 NON-CONFORMING USES 9.1 Noe-Confort>nng U or u�as deTuied berm �spy misted at the time of passage of Any rnon-conformir►8 building,structure, amerhdmerht thereto may be continued subject to the the applicable provision of this or any prior'by Law or arty lawfully non-conforming . lawfully non-conforming building or structure and ' provisions of this Bylaw. �Y the time it use of building or land may be continued in the same kind and manner and to the carne eXterrt asst but such building or use shall not at any time be changed, extended or enlarged became lawfully use perminmcodt ed in district in which such building or use is situated,or except as may be Accept for a purpose permitted m the zoning permitted by a Special Permit or otherwise by the North Andover Board of Appeals. Pre-existing or uses, however, imy be extended or altered, provided that no such extension or non-conforming strilchm the Board of Appeals that such change, extension, or alteration shall be permitted unless there is a fading by non-conforming use to the neighborhood• alteration shall not be substantially more detrimental than the existing structure has been made norrcanfortning due to changes in the lot size required by this b lneh a Enforcement Offs=that such bylaw,such structure may be extended a altered based on a finding by �8 structure after the change meas all cumart zoning r'equ QCOept for lot size.(1995/43) 9.2 Alteration or Extensionlaw but which did conform A use or structnue housing a use which does not conform to the regulations of this By to all applicable regulations when i<hitia& established shall not be changed, actaded or enlarged except in accordance with the following provisions: the gird of Appeals. 1. Such change shall be approved by a Special Permit or otherwise by use on the date shall be only upon the same lot occupied by the non-conforming 2. Such change permitted that it became non-conforming• use shall not exceed an aggregate of more 3, Any increase in volume,area,a extent of the non-conforming than twenty five pe+cert(25%)of the original use. 4. No change shall be permitted which tends to lengthen the economic life of the non-confamirh8 Tanga than a period reasonable for the amortization of tine initial investmeaL 9.3 Pre-Existing Non-conforming Single Family Residential Strocteres sed Uses in the Residential 1,Residential 2,Residential 3,Residential 4 and Residential non-conforming 6 Districts: a. Pre`etiNoMefo Single F Structs 8 sine family residential structures in the R1, R2, R3, R4 and R6 Districts, may be changed, extended or altered, provided that there is a finding by the Zoning Enforcement Officer (Building . Commissioner) that such change, extension, or alteration shall not render the structure more non" conforming than the testing structure. Upon such determination, a building permit may be issued where applicable. The following circumstances shall be deemed not to increase the nonconforming nature of said structure: 1. Alteration of a structure which complies with all current yard setbacks, building coverage, and building height requirements but is located on a lot with insufficient area, where the structure after alteration will comply with all of current Bylaw requirements except for lot area. 2. Alteration to a structure which complies will all current yard setbacks, building coverage, and building height requirementsbnhut is located on a lot with of current Bylaw insufficient roquhr frontage, excePt fa structure after alteration willply frontage. required and setbacks, where 3. Alteration to a structure which encroaches upon one or more reg Y the structure after alteration will comply with all current bylaw requirements except for yard 109 TABLE 2 SUMMARY OF DIMENSIONAL REQUIREMENTS Roo. Roo. Roo. Roo_ Village Res. Res. eus. L&W &a. Sus. Viftgo PCO Genww Ind.- Ind.- - Ind_ Ind_ - - - - - - (14) (6)(71 1 2 3 - --4-- Roe. --6 d 1 _2 3 4 -Comm; - — - �- _.2 3- --a- _ Lot Area -- (7) — --- - Min_S.F. 87,120 43,580 25,000 12,500 43,580 43,580 130,880 25,000 25,000 120.0001 80,000 90,000 150,000 25,000 80,000 80,000 435.800 50,OOC _ max(R) 35 35 35 3535 35 35 35 35 35 e0 40' 3r" _ -- ..� 45 _55- 55 55 55 Steil Frontage (13) (13) ---- - -- Min(A) 175 150 125 -100 -_as150 150 125 125 300 200 200 300 125 1150 -150 150 - 150 Frond (1.1)(1) --- (10) Min.(ft) 30 30 30 _30 25— _�3 225 80 25 100 50 50" 100 25 50 50 100 30 Side Sdbick (2) (2) (3) (3) (17) (2) (3) (3) (10) (2) Min.(ft) 30 30 20 15 15 25 15 20 25 50 50 25" 5O 25 50 50 200 20 Real Sed)wk - - - (2) (2) (3) (171 (2) (3) (3) (10) (2) Min(ft) 30 30 30 30 - 30 _ 30 30 30 30 50 50 25" 50 35 50 50 200 30 -- Floor are:•-. . ____..... - ----- —--. ._._- --- O -- -- • Rata Max. - Wa WA WA_ WA WA _ 0.75:1 0.25_1 0.30:1 0.75:1 0.40.1 1.50:1 WA 0.75:1 WA 0.50:1 0.50:1 -0.50:1 0-50:1 Lot Cwerspe.. . Max. WA WA WA WA- WA- X20%-- 20% 30% 35% 30% 25% _25% _25% 35% 35%_ 35% 35% 35% (12) (12) (12) - DwsNy MwJAcm N/A WA N/A N/A 1/a m MuWFamNy 9AW" WA WA WA- WA WA WA WA - - WA WA WA WA .._ TownfiouseOpen Spact --- 25%" - "Refer to Sediau 8.1(13) - "'Sea dstalled Dletrlct Use Repuatitxta _-- Plesos refer to Ioo4nota for idditional I. In A11 district ecce t V'hls Commercial,front setbacks along Route 114 s aU be a mmirrnu of I W. Front setbacks shall be I W along 125 in Industrial 1 and 2 Districts: the ' o front setbacks under this requirerrert shin be made to provide an effectivehuller� vmW nc parjeff W shall be permitted. gdjecent to residential district,an l 15 foot side or rear setback shall be required The 2' the rmdcmW dict shd remain open and W=L be fast 15 feet of the total setback abutting fly W&capc4 unW& upon, unpaved and not parked upon. In the Busirmw 2 District: the side yard requireace is may be eliminated when two(2)adjoining propeny owners agree to share a party wad. AS 3. fl=w to ren dam, the required side or rear setback shall be 100 feet. The first 50 fed of such setback abut=g the residential domd shall mman open and green, be suitably unbuilt upon,unpaved and not parked upon. ilot c�ovarage miry+be b=eesed up to the amours of 4. If tan enclosed pedoQ�g a�en,� p of45% such p 5. Nfwkm= lot size for a townhouse complex shall be 43,560 square feet although individeml townhouse lots may be a minimum of 3,000 sgtmne fiat. Maxum lot size for an apert:nMU cOnPPbc shell be 60,00 square feet. 6. Dimensional regalia M br townhouse Comphm shat meet the requir not of the Residence 5 District;individual townhouses within the complex.however,shall be regulated as blows: � 18 Feat- NCario MM Street Frontage: 30 Feet Mssvaaa n Front Setback: Mmhnm Side Setback: None required where a party wall is constructed between units; otherwise a 25 bot side setback shall be provided. . M&dmum Rear Setback: 30 Feet i Mwdff un Floor Area Ratio: 1.20:1 10 j MWdmam Lot Contiguous Units: 7. Tlye following add nal requi enj= shall apply when apmtnzm or townhouse complexes we constructed in this district: Th a. ere shalt be a paved driveway or paved walk adoquate to accommodate emergency vehicles within 50 feet of the outskle entrarme of each dwelt unit. FN 1 b. Any road providing access to townhouses or lots intended for townhouse conform to the Subdivision Control Regulations of the Planrung Board. C. Any road providing access to more than 18 apartment dwelling units or more than ran to to visions of the Subdivision P�mB shall confo appropriate Pro Corn Regulations as if k were a minor residential meet Before issuing a building pern>n such cases, the Building Inspector sues obtain a report from the Planning Board on 1 j extent of such conSbrnhity. CL Maxanuna height(apartn oit 6uulding): 40 feet. C. Maximean stories ofliving quarters(apartirznt building):3. f Maximman units per sth uctnnz(apartaxwt building):ng): 18 S. In Residence 4 Districts only, kont setback may be the average of all front setbacks of dweliiq I ` wits within 250 feet on,ekber side of Jot. B,nlw s on corner Jots shall have the required fron setback from both streets except.in the Residence 4 Distzicts, where; setback from the side street shallbe a of 20 feet. 9. Nu ming and conal went banes slid have at least 600 square feat of Jot area per bed. 1lffrmrnurn lot size for such horns in R 1.R Z,and R 3 DW ricts shall be 2 acres. 10. Where a public sanitary disposal site is the primary use, the setback area shall be used provide a screening,nani al or artificial,from adjacent residential use of pubfic roadway. 11. Wl=c a public sanitary disposal she is the primary use, an increase up to IWI* of the Jot coverage shall apply,not including the setback areas. 12. If muki-family structures are selected to attain the maximnnn density allowed, the proposed project shall be subject to the minimum open space nupinvnicats found in Section 8.5 (Planned Residential Development),and to the site plan review requirzrrheots of Section 8.3. In the instance where no public sewer service is provided and there is no private sewer system acceptable to the Town, the allowed density in the Village Residential Zone-shall be one dwelling unit per acre and said dwebig and associated lot shall conform to all the regulations consistent with developrnert in the R-2 Zone. Further, under no chcurnstanm shall multi family development be allowed in the Village Residential Zone, regardless of density, withhourt the provisions of public sewer or a town approved and accepted private sewer system. 13. In instances where a lot fronts on Route 114, for purposes of public safety, the acquired lot frontage shad be 250 feet. 14. The dimensional criteria desenbed in the table below applies only to detached single family development. Muhi-family structures developed in this district shall be subject to all criteria FN 2 licabie w au8i-fw* �bpmu as � m Section 8.5. Hovmm, in to instances shall the e, dasty subsections of Section 8.5 apply in the VrMW Residential District- Ia with tha PMc.&M and r+epinions at firth in Section 103 and 1031 of this 15. By,aw'®VPCz6M tier a spMw Pernamay be submated to increase the allowed floor Arra Ram ( ) fi+am 025:1 to 030:1 provided that at least 5,000 sq. f1. (e=kxiin6 baxatesta) of the resulcarg gmss Boor ares be deeded to the Town for public use purposes; that atleast 2,500.sq. $. of said ares be located st street kwL and that the entire square .hnive of bax� deedad to the Town lot:supported with pericmg spaces ax the rete of one VM pa 250 XPARe feet. sbali be ooh with the dc&gtion of halal*open space as conumd,is Section 16. 8 subsection i£ Us" Open Spew no 1� s� shah be allowed on the usable open 8.5, reqLW froM ear,and side yard requirtntits may be csticalssed as pact of the usable open Im imtaooe shag any am for op°q=be less that 15 feet in width. Ftha, m -note clan2 yy of the total sees=**ad fm open space shalt be a wetland area, andm pQmaomt or standir� wo6odies shall be calculated w part of.the required ed op Vam 17. ViOtp Comwer+eW Dimeasioeal Regoiatasesta SetbwW setbwkshave been deters need and in such a wry as to promote a qw ty dec+ebpraart which lends kwyto the sucrou ang c m=,g ►in=imobatructive armor. a. Front sdbec for yore along Route 114 shall be a -wink m of 59. all of which shag be used ss an effwwm vis W buffer- No paw shall be allowed with® that 50 buf3er. Any roadways or drives wkho that 50'buffer shall be as necessary for notes OW b. Wben adjacent to a ResidmW District dw mirlimm setback shen be 40, with the first 2T rmnining as an effecdw vvual buffer. Tne Pknnmg Hoard Q1 y allow the n setbicic adjaccnc to a Residential DWzjc�t to be reduced to 25'providing daft mi*mzthe rnaxia m height of the proposed be 2Y, not to exceed one (1) st'ot'Y• Further, for every 1 foot that the structm is wAved closes then 40• to the Roklen is! property bate the mt=rum allowed heigit of the structure and be reduced by 1 foot (See Diagram 1). In no Mantes shell a swx2m be closer that 2510 a side or rear setback. Any roadway or drives within these setbacks shall be as necessary for access only. FN 3 MURTHA CULLINA LLP W UNICORN PARK DRIVE WOBURN,ySASSACHUSETTS 01801-3343 A T T O R N E Y S A T L A' VV"��} �1 )J TELEPHONE(781)933-5505 `�/ FACSIMILE(781)933-1530 www.murthalaw.com August 12, 2005 CERTIFIED MAIL ARTICLE NO. CERTIFIED MAIL ARTICLE NO.7004 CERTIFIED MAIL ARTICLE NO. 7004 2510 0006 0331 2976 2510 0006 0331 2983 2510 0006 0331 3041 Ellen P. McIntyre Jospeh D.Lagrasse Richard J.Byers 23 Tanglewood Lane 40 Sugarcan Lane 97 Forest Street North Andover,MA North Andover,MA 01845 North Andover,MA 01845 CERTIFIED MAIL ARTICLE NO. CERTIFIED MAIL ARTICLE NO. 7004 CERTIFIED MAIL ARTICLE NO. 7004 2510 006 0331 3034 2510 0006 0331 3010 7004 2510 0006 0331 3072 Albert P. Manzi,III Thomas D. Ippolito David R. Webster 1028 Salem Street 338 Abbott Street 707 Waverley Road North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 CERTIFIED MAIL ARTICLE NO. CERTIFIED MAIL ARTICLE NO. 7004 CERTIFIED MAIL ARTICLE NO. 7004 2510 0006 0331 4994 2510 0006 0331 3065 2510 0006 0331 3058 Key Lime,Inc. N.Andover Board of Appeals Town Clerk 60 Beechwood Drive 400 Osgood Street Town of North Andover North Andover,MA 01845 North Andover,MA 01845 120 Main Street North Andover,MA 01845 RE: Benjamin Farnum V. Ellen McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, David R. Webster, Thomas D. Ippolito, as they constitute the North Andover Board of Appeals, Key Lime, Inc. and the Town of North Andover Misc. No. 05-Misc 312326 Dear Sir/Madam: Enclosed please find the following relative to the above-captioned matter: 1. Complaint; 2. Summons; and 3. Notice of Appeal. Ve truly yours, Francis A. DiLuna FAD/mjf Enclosures BOSTON HARTFORD NEW HAVEN STAMFORD WOBURN COMMONWEALTH OF MASSACHUSETTS 05 MISC 312326 LAND COURT 20M ALIG 15 A1411: C 8i !' I�j j DEPARTMENT OF THE TRIAL COURT I ,I �� , !! !" ti"11 TOW O ,l h .I N C R T H AH"0'./EP CIVIL ACTION tMASSACHUSt T TS NO. 05 MISC 312326 Benjamin G . Farnum , Plaintiff(s) Ellen McIntyre , Joseph D . Lagrasse , Richard J . Byers , oA Albert P . Manzi, III and Thomas D . Ippolito , as they � •c > ° constitute the North Andover Board of Appeals , y , Defendant(s) Ei Key Lime, Inc . and the Townoof North Andover . 0 SUMMONS 5,5, CU To the above-named Defendant: Town of North Andover w You are hereby summoned and required to serve upon Francis A . D i L u n a , Esquire , 4a).E ° Murtha Cullina , LLP „ 600 Unicorn Park Drive , Woburn, MA 01801 N � T Plaintiff's attorney, whose address is , an answer h � 3 to the complaint which is herewith served upon you,within 20 days after service of this summons upon you, o exclusive of the day of service. If you fail to do so,judgment by default will be taken against you for the o relief demanded in the complaint. You are also required to file your answer to the complaint in the office N of t he Recorder o f t his c ourt a t 2 26 C auseway S treet,B oston, M A 0 2114 e ither b efore s ervice u pon plaintiff's attorney or within a reasonable time thereafter. � Y 0 3 a Unless otherwise provided by Rule 13(a),your answer must state as a counterclaim any claim which o.o you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter o of the plaintiff's claim or you will thereafter be barred from making such claim in any other action. U > N � [ Witness, KARYN F. SCHEIER, Chief Justice, at Boston, August 12th O � L 2005 Z w .2 v.� 0 0 Recorder ' NOTES ULA F „ ,� 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. Z z y 2. When more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant. 3.TO PLAINTIFF'S ATTORNEY:PLEASE CIRCLE TYPE OF ACTION INVOLVED (1) EQUITY—(2)OTHER LCS4(01/03 600 UNICORN PARK DRIVEMURTHA CULLINA LLP WOBURN,MASSACHUSETTS 01801-333 f A T T O R IV E Y S A T L RTELEPHONE(781)933-5505`.r/ 4 FACSIbIILE(781)933-1530 www.murthalaw.com August 12, 2005 CERTIFIED MAIL ARTICLE NO. CERTIFIED MAIL ARTICLE NO.7004 CERTIFIED MAIL ARTICLE NO. 7004 2510 0006 0331 2976 2510 0006 0331 2983 2510 0006 0331 3041 Ellen P. McIntyre Jospeh D.Lagrasse Richard J.Byers 23 Tanglewood Lane 40 Sugarcan Lane 97 Forest Street North Andover,MA North Andover,MA 01845 North Andover,MA 01845 CERTIFIED MAIL ARTICLE NO. CERTIFIED MAIL ARTICLE NO. 7004 CERTIFIED MAIL ARTICLE NO. 7004 2510 006 0331 3034 2510 0006 0331 3010 7004 2510 0006 0331 3072 Albert P. Manzi, III Thomas D. Ippolito David R. Webster 1028 Salem Street 338 Abbott Street 707 Waverley Road North Andover, MA 01845 North Andover,MA 01845 North Andover,MA 01845 CERTIFIED MAIL ARTICLE NO. CERTIFIED MAIL ARTICLE NO. 7004 CERTIFIED MAIL ARTICLE NO. 7004 2510 0006 0331 4994 2510 0006 0331 3065 2510 0006 0331 3058 Key Lime,Inc. N.Andover Board of Appeals Town Clerk 60 Beechwood Drive 400 Osgood Street Town of North Andover North Andover,MA 01845 North Andover,MA 01845 120 Main Street North Andover,MA 01845 RE: Benjamin Farnum V. Ellen McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, David R. Webster, Thomas D. Ippolito, as they constitute the North Andover Board of Appeals, Key Lime, Inc. and the Town of North Andover Misc. No. OS-Mist 312326 Dear Sir/Madam: Enclosed please find the following relative to the above-captioned matter: 1. Complaint; 2. Summons; and 3. Notice of Appeal. Ve truly yours, Francis A. DiLuna FAD/mjf Enclosures BOSTON HARTFORD NEW HAVEN STAMFORD WOBURN RECEIVED COMMONWEALTH OF MASSACHUSETTS JOYCE;@RADSHAW LAND COURT DEPARTMENT ESSEX, ss. MISC. CASE NO. BENJAMIN G. FARNUM, ) Plaintiff } V. ) ELLEN MCINTYRE, JOSEPH D. LAGRASSE, RICHARD J. BYERS, ) ALBERT P. MANZI, III, AND THOMAS D. IPPOLITO, AS THEY ) CONSTITUTE THE NORTH ANDOVER BOARD OF APPEALS, ) KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, ) Defendants. ) NOTICE OF APPEAL (PETITION 2005-017) Pursuant to the provisions of G. L. c. 40A, §15, Benjamin G. Farnum hereby gives this Notice of Appeal of North Andover Board of Appeals Decision (Petition 2005- 017). As grounds therefore, Farnum states that the Board of Appeals exceeded its authority in granting the relief requested by the Applicant Key Lime, Inc. and that the Decision is unreasonable, arbitrary and capricious. Respectfully submitted, r Benjamin G. F /- By his attorney, l� Francis i ,`l :sgUire BBO Murtha Cullina LLP 600 Unicorn Park Drive Woburn,MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT 05 MISC 312326 ESSEX, ss. BENJAMIN G. FA.RNUM ) O a Plaintiff ) V. ) ELLEN MCINTYRE, JOSEPH D. LAGRASSE, RICHARD J. BYERS, ) ALBERT P. MANZI, III, AND THOMAS D. IPPOLITO,AS THEY ) CONSTITUTE THE NORTH ANDOVER BOARD OF APPEALS, ) KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, Defendants. ) cn C N �;7 COMPLAINT C-- co � cn INTRODUCTION Plaintiff Benjamin G. Farnum brings this action pursuant to the provisions of G. L. c. 40A, §3 appealing the decision of the North Andover Board of Appeals granting a dimensional variance to Key Lime, Inc. PARTIES- 1. ARTIES1. Plaintiff Benjamin G. Farnum (hereinafter referred to as "Farnum") is a natural adult person having a principal place of residence at 397 Farnum Street, North Andover, Essex County, Massachusetts. 311240vl 1 2. Defendant Ellen McIntyre ("McIntyre") is an adult natural person having a principal place of residence at 23 Tanglewood Lane, North Andover, Massachusetts. Defendant McIntyre is a duly appointed member of the North Andover Board of Appeals. 3. Defendant Joseph D. LaGrasse, ("LaGrasse")is an adult natural person having a principal place of residence at 40 Sugarcane Lane, North Andover, Essex County, Massachusetts. Defendant LaGrasse is a duly appointed member of the North Andover Board of Appeals. 4. Defendant Richard J. Byers ("Byers") is an adult natural person having a principal place of residence at 97 Forest Street,North Andover,Essex County, Massachusetts Defendant Byers is a duly appointed member of the North Andover Board of Appeals. 5. Defendant Albert P. Manzi, III ("Manzi") is an adult natural person having a principal place of residence at 1028 Salem Street, North Andover, Essex County, Massachusetts. Defendant Manzi is a duly appointed member of the North Andover Board of Appeals. 6. Defendant Thomas D. Ippolito ("Ippolito") is an adult natural person having a principal place of residence at 338 Abbott Street, North Andover, Essex County, Massachusetts. Defendant Ippolito is a duly appointed member of the North Andover Board of Appeals. 7. Defendant Town of North Andover is a duly formed municipal corporation pursuant to the General Laws of the Commonwealth of Massachusetts and conducts its principal business from North Andover Town Hall at 120 Main Street, North Andover, Massachusetts. 311240v1 2 8. Key Lime, Inc., is a duly incorporated corporation pursuant to the General Laws of the Commonwealth and has a business address at 60 Beechwood Drive, North Andover, Essex County, Massachusetts. Key Lime, Inc. is sometimes referred to herein as the Applicant. FACTS 9. Key Lime, Inc. caused to be prepared and caused to be filed with the North Andover Board of Appeals a Request For Dimensional Variance from Section 8, Paragraph 8.5.6 C (distance between structures), Table 2, Footnote 1 (Setback from Route 114), and Table 2 (one unit per acre) for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings (hereinafter referred to as "relief requested"). 10. Benjamin G. Farnum is an abutter to the property the Applicant was seeking relief on. 11. Legal notices were published in the Eagle-Tribune on June 27, 2005 and July 5, 2005. 12. A hearing was held by the North Andover Board of Appeals on July 12, 2005 concerning the relief requested. 13. The Applicant, during the public hearing did not present sufficient evidence that owing to circumstances relating to the soil conditions, shape or topography of the land, a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship, financial or otherwise to the Applicant. 311240v1 3 14. The Applicant during the public hearing failed to present sufficient evidence that the desired relief could be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaws. 15. Upon a motion by Joseph D. LaGrasse, amended by Albert P. Manzi, III and seconded by Richard J. Byers, the Board granted the relief requested. 16. The Board of Appeals failed to specifically find that owing to circumstances relating to the soil conditions, shape or topography of such land a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship financial or otherwise to the Applicant. 17. A certified copy of the Decision as filed with the Town Clerk's Office on July 25, 2005 is appended hereto as Exhibit"A." 18. Plaintiff Farnum is aggrieved by the Decision within the meaning of G. L. c. 40A, §17. 19. The Decision of the Board is unreasonable, whimsical, arbitrary and capricious, over reaching, not in accordance with the law and exceeds the authority of the Board. 20. The decision of the Board exceeds the authority of the Board. WHEREFORE,Plaintiff Farnum respectfully prays that this Court: 1. Hear all pertinent evidence and determine the facts; 2. Determine and adjudge that the Decision exceeds the authority of the Board; 3. Determine the Decision is unreasonable, arbitrary and capricious; 4. Annul the Decision of the Board. 311240v1 4 r 4. Grant such relief as the Court deems reasonable and just under the circumstances. r Respectfully submitted,-.- _ Benjam in G F`arnum �- By Watt�y, L f �+ �Tm 1S ,S BBO# r,§3_ Murt Cul ' P 6 Unicorn Park Drive Woburn,MA 01801 Tel: (781)933-5505 Dated: August 12, 2005 3112400 5 ,pRTM Town of North Plnoover .. :EE:I.VEB ••-• ~--- O Community Development and Services Divi E.8.9ADSHAW Office of the Zoning Board of Appeals TOWNt'!Er?K ti'•:�;`.r� 400 Osgood Street North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 Building Commissioner EFax (978)688-9542 EMIBIT ESA" Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §l 7ME: Y NAPro at: Tarn ike Street,Ma 10713,Parcels 16& 73 Ke Lime,Inc.,60 Beechwood Drive, HEARING(S): July 12,2005 North Andover,MA 2005 017 ADDRESS: for premises at:Turnpike Street, PETITION: Map 1078,Parcels 16&73 North Andover,MA 01845 TYPING DATE: July 15,2005 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,July 12,2005 at 7:30 PM upon the Inc.,60 Beechwood Drive,North Andover,MA for premises at:Turnpike Street, application of Key Lime, Map 107B,Parcels 16&73,North Andover requesting a dimensional Variance from Section 8,Paragraph 8.5.6.0(distance between structures),Table 2,Footnote 1 (setback from Route 114),and Table 2(ane unit per acre)for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings. Said premises affected are proPedles with frontage on the Northeast side of Turnpike Strom within the VR zoning district. Legal notices were published in the Eagle-Tribune on June 27 &July 5,2005 and all abutters were notified by mail. The W1�,:ng members were present: Ellen P.McIntyre,Joseph D. LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D.Ippolito. The following non-voting member was present: Richard M.Vaillancourt. Upon a motion by Joseph D.LaGrasse,amended by Albert P.Manzi,ID, 8.5.6.0 Richardand 2nd by 0' distance between Board voted to GRANT a dimensional Variance from Section 8,Paragraph structures)for 30' of reliefs Table 2,Footnote i (100'setback from Route 114)for 40'of retie£and Table 2 (one unit per acre)2 units per acre of relief for the 37 units from the requirements of the Zoning Bylaw per Plan for Board of Appeals,Old Salem Village,North Andover,Mass.,Applicant,Key-Lime,.Inc.,60 Beechwood Drive,North Andover,MA.01845 Date:June 15,2005[by]Pete'J.Ogre,P L S#33604,June 22,2005,Hayes Engineering,Inc.,603 Salem Street,Wakefield,Mass.01880,Sheets 1-3. With the following condition: 1. The applicant shall provide landscape barriers,such as spruce trees,to compensate for the decreased distances between units and the decreased distance between units and Route 114. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. MSL III,and Thomas D. Ippolito. The Board finds that the revised plan for Old Salem Village has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw in that the granting of these Variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw because the revised plan for 37 units will create less residential density along Route 114(Turnpike Street)than the original plan for 56 units that did conform to the Village Residential(VR)District requirements. ATTEST: Page 1 of 2 A True Copy v 41a . Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 PlanningTISM01091t ORT1i Andover of �,,•� ,.1�0 Town of North Board of Appeals RECENE8 Office of the Zoning pp JOY:CE BRAS �.:� r ill Ci ER# Community Development and Services Division 400 Osgood Street 'sSAC►N15E North Andover, Massachusetts 01845 Telephone (978)688-9541 ' `'- ` &cettj. - 978 688-9542 �tob$d ( ) I] Fax Building Commissioner F Special Permit as requested by the applicant does not necessarily Note: The granting of the Variance an SPS applicant must abide by all applicable local,state,and federal ensure the granting of a building permit as the app it as required by the Building building codes and regulations,prior to the issuance of a building per► Commissioner. year of the date of the Furthermore,if a Special Furthermore,if the rights authorized by the Varianceeazr n ticeeXand new ung.within one(1 y �+0 2 Year grant,it shalt lapse,and may be re-established only lapsed permit granted under the provisions contained herein hall ed��u�antia use or construction has period from theme u lapse an may be re-which the established owas nly after'notice,and a new hearing. commenced,it Town of North Andover Board of Appeals, T OF Ellen P.McIntyre,Chair Decision 2005-017. M107BP16&73. Pege 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 � E COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT ESSEX ss. CASE N0. BENJAMIN G. FARNUM, ) Plaintiff ) ) V. ) ELLEN MCINTYRE, JOSEPH D. LAGRASSE, RICHARD J. BYERS, ) y3, C COW C= ALBERT P. MANZI, III, DAVID R. WEBSTER AND ) yz THOMAS D. IPPOLITO, AS THEY CONSTITUTE THErn c <� ) --- NORTH ANDOVER BOARD OF APPEALS, ) C3 Ca KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, ) Mw Defendants. ) `` C:) s� m rpt COMPLAINT (Amended to include Member David R.Webster) INTRODUCTION Plaintiff Benjamin G. Farnum brings this action pursuant to the provisions of G. L. c. 40A, §3 appealing the decision of the North Andover Board of Appeals granting a dimensional variance to Key Lime, Inc. PARTIES 1. Plaintiff Benjamin G. Farnum (hereinafter referred to as "Farnum") is a natural adult person having a principal place of residence at 397 Farnum Street, North Andover, Essex County, Massachusetts. 311240v1 1 2. Defendant Ellen McIntyre ("McIntyre") is an adult natural person having a principal place of residence at 23 Tanglewood Lane, North Andover, Massachusetts. Defendant McIntyre is a duly appointed member of the North Andover Board of Appeals. 3. Defendant Joseph D. LaGrasse, ("LaGrasse") is an adult natural person having a principal place of residence at 40 Sugarcane Lane, North Andover, Essex County, Massachusetts. Defendant LaGrasse is a duly appointed member of the North Andover Board of Appeals. 4. Defendant Richard J. Byers ("Byers") is an adult natural person having a principal place of residence at 97 Forest Street,North Andover, Essex County, Massachusetts Defendant Byers is a duly appointed member of the North Andover Board of Appeals. 5. Defendant Albert P. Manzi, III ("Manzi") is an adult natural person having a principal place of residence at 1028 Salem Street, North Andover, Essex County, Massachusetts. Defendant Manzi is a duly appointed member of the North Andover Board of Appeals. 6. Defendant David R. Webster ("Webster") is an adult natural person having a principal place of residence at 338 Abbott Street, North Andover, Essex County, Massachusetts. Defendant Webster is a duly appointed member of the North Andover Board of Appeals. 7. Defendant Thomas D. Ippolito ("Ippolito") is an adult natural person having a principal place of residence at 338 Abbott Street, North Andover, Essex County, Massachusetts. Defendant Ippolito is a duly appointed member of the North Andover Board of Appeals. 311240v1 2 i 8. Defendant Town of North Andover is a duly formed municipal corporation pursuant to the General Laws of the Commonwealth of Massachusetts and conducts its principal business from North Andover Town Hall at 120 Main Street, North Andover, Massachusetts. 9. Key Lime, Inc., is a duly incorporated corporation pursuant to the General Laws of the Commonwealth and has a business address at 60 Beechwood Drive, North Andover, Essex County, Massachusetts. Key Lime, Inc. is sometimes referred to herein as the Applicant. FACTS 10. Key Lime, Inc. caused to be prepared and caused to be filed with the North Andover Board of Appeals a Request For Dimensional Variance from Section 8, Paragraph 8.5.6 C (distance between structures), Table 2, Footnote 1 (Setback from Route 114), and Table 2 (one unit per acre) for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings (hereinafter referred to as "relief requested"). 11. Benjamin G. Farnum is an abutter to the property the Applicant was seeking relief on. 12. Legal notices were published in the Eagle-Tribune on June 27, 2005 and July 5, 2005. 13. A hearing was held by the North Andover Board of Appeals on July 12, 2005 concerning the relief requested 311240v1 3 14. The Applicant, during the public hearing did not present sufficient evidence that owing to circumstances relating to the soil conditions, shape or topography of the land, a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship, financial or otherwise to the Applicant. 15. The Applicant during the public hearing failed to present sufficient evidence that the desired relief could be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaws. 16. Upon a motion by Joseph D. LaGrasse, amended by Albert P. Manzi, III and seconded by Richard J. Byers, the Board granted the relief requested. 17. The Board of Appeals failed to specifically find that owing to circumstances relating to the soil conditions, shape or topography of such land a literal enforcement of the provisions of the North Andover Zoning Bylaw would involve substantial hardship financial or otherwise to the Applicant. 18. A certified copy of the Decision as filed with the Town Clerk's Office on July 25, 2005 is appended hereto as Exhibit"A." 19. Plaintiff Farnum is aggrieved by the Decision within the meaning of G. L. c. 40A, §17. 20. The Decision of the Board is unreasonable, whimsical, arbitrary and capricious, over reaching, not in accordance with the law and exceeds the authority of the Board. 21. The decision of the Board exceeds the authority of the Board. 311240v1 4 J WHEREFORE, Plaintiff Farnum respectfully prays that this Court: 1. Hear all pertinent evidence and determine the facts; 2. Determine and adjudge that the Decision exceeds the authority of the Board; 3. Determine the Decision is unreasonable, arbitrary and capricious; 4. Annul the Decision of the Board. 4. Grant such relief as the Court deems reasonable and just under the circumstances. Respectfully fitted,__-._ Benjamip.-G-. mu By s attorney, r cis A. ire BBO#5 63 M 1' P 600 Unicorn Park Drive Woburn, MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 311240v1 5 THE ZONING BYLAW TOWN OF NORTH ANDOVER 1972 IN PERTINENT PART SECTION 8 SUPPLEMENTARY REGULATION AND TABLE 2 SUMMARY OF DIMENSIONAL REQUIREMENTS �•tOR?'� •,.•Y to Z. cocesoc"awscm 49 gC14US Last Amended May 2004 1 ATTEST: A True Copy Town Clerk SECTION 8 SUPPLEMENTARY REGULATIONS &I Off Street Parking I. Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as to increase it floor area and/or design capacity,there shall be provided on the same lot with such building or on a lot contiguous thereto(or within 100 feet thereof)in the same ownership as the parcel containing the primary use, a sufficient number of open or covered parking spaces to satisfy the raquirernents of the following schedule for the new building or increased design capacity of floor area: 2. Where a use is not indicated prior to construction or issuance of building permit, the number of parking spaces provided shall be the maximum required. Use Minimum Spaces Required One or two Fancily residence 2 spaces per dwelling unit. Multi family residence 2 spaces per dwelling unit. 1 space per dwelling unit for a unit designed and occupied by the elderly as defined under government assisted programs. Congregate Housing 0.75 per dwelling unit (2V" All other places with 1 space per sleeping room for accommodations inctuding(but not limited to) single or double occupancy, 1 per 2 for rooming houses,hotels, rooms exceeding Double beds for rooms motels,hospitals, nursing hornes. exceeding double occupancy Auditoriums, theaters, 1 space per 4 persons based on the design athletic fields, funeral capacity of the facility. parlors,day cane centers and other places of assembly. Restaurants,sit down 1 per 2 seats or 15 per 1000 GFA restaurants,drive through (Whichever greater applies). Retail stone and service 6 per 1000 square feet GFA except 5 per establishments. 1000sf GFA in B1,B2,&GB. Offices 1 space per 300 square feet of GFA. Medical Offices and 3 Spaces per 1000 square feet Research facilities GFA plus one space per employee. Warehousing,Wholesaling,Distributing 1 space per 500 square feet GFA. Manufacturing, assembly, 1 space per 2 employees in the minimum Fabrication,etc working shift or 1 space per 1,000 GFA (Whichever greater applies). 80 C 1♦ , 3 The required parking for any two(2)or more uses or structures may be provided by the allocation of the total of the various spaces required for each use or structure in a common parking facility, cooperatively established and operated(1997/30). 4. The regulations of this section shall not apply to non-residCrItial uses or structures whose minimum parking under the above schedule would amount to five(5) parking spaces or less or residential uses or structures whose minimum parking would amount to two(2)parking spaces or less. 5. If the Building Inspector is unable to identify a use with one (1) or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient quantity of parking spaces to acconunodate the automobiles of all customers, employees, visitors, occupants,members or clients consistent with the provisions contained in the above schedule. 6. The Board of Appeals may by variance make exceptions to the provisions of this section and , upon a written request of the owner and after a public hearing,author=the Building Inspector to issue permits for buildings and uses having less off-street parking than specified ham whenever the Board of Appeals finds that under normal circumstances such lesser off-street parking area would adequately provide for the nem of all persons using such building. Such exceptions may be limited as to time, use or intensity of use. 7 A packing space shall mean an area of not less than 9'x 181,accessible over unobstructed driveways not less that 25'wide. 8. For multi-family dwellings the front yard shall not be used for parking for accessory uses. 9. In all rr Wential districts the front yard shall not be used for parking for accessory uses. 10. In residence districts parking or outdoor storage of one(1)recreational vehicle(camper,etc.)and one(1) boat per dwelling unit may be permitted in an arra to the rear of the front line of the building. All otter recreational vehicle and boat storage(if arty)shall be within closed structures. 11. Loading facilities provided for any use shall be sized, located, arranged, and of sufficient number to allow service by the type of vehicle customarily excepted for the use while such vehicle is parked completely clear of any public way or sidewalk. 12. In residence districts garaging of off-street parking of not morn than four(4)motor vehicles per dwelling unit may be permitted, of which four (4) motor vehicles, not more than two (2) may be commercial vehicles other than passexhger sedans and passenger station wagons, but not counting farm trucks nor motor-powered agriculture implements on an agriculturally active farm or orchard on which such vehicles are parked. Commercial vehicles in excess of one(1)ton capacity shall be garaged or screened from view of residential uses within three hundred(300)feet by either: a. A strip at least four(4)fed wu*densely planted with trees or shrubs which are at least four(4) feet high at the time of planting and which are of a type that may be expected to farm a year-round dense screen at least sic(6)fed high within throe(3)years,or b. An opaque wall, barrier, or fence of uniform appearance at least five(5)feet high, but not more than seven(7)fat above finished grade. Such screening shall be maintaaed in good condition at all times,and shall not be permitted to exceed seven fed in height within required side yards. Such screening or barriers may be interrupted by normal alliances or exits and shall not be required within teen(10)feet of a street lot line. Garaging or off-street parking of an additional two(2)commercial vehicles may be allowed by Spwial Permit When it is deemed to be in the public good, parking for additional pleasure vehicles may be allowed by Special Permit. 81 13. Village Commercial Dimensional Parking Requirements Obiec,, : To produce parking which is aesthetically pleasing, well screened, accessible and brokers into smaller parcels that may directly and adequately service adjacent structures. a. A minimum of 5% landscaping and green space must be provided for all parking areas. This 5%is not intended to include the buffer zones, but shall include all intertsal landscaped islands in the parking areas. b. No single section of parking may contain more than 25% of the total proposed parking spaces or more than 50 spaces, whichever is less. As a method of division, 6 wide parking lot islarsds shall be installed to provide the proper break between adjacent parking lots. For projects which require less than 50 spaces in total, the Planning Board may allow 50 spaces to be located together if an effective visual buffer is provided. Each landscaped island must be 6 in width at the minimum. In locations where the possibility exists to enlarge the entire island or portions thereof,the Planning Board would recommend that such measures be taken. C. In all instances where natural topography lends itself to the screening of these parking areas it shall be left in its natural state. The Planning Board may at their discretion require additional screening at the owners expense. d. Parking lots shall be provided only at the side or to the rear of the buildings. The Planning Board may,at their discretion, allow up to 50 spaces,or 25%of the total parking,whichever is greater, to be located to the front of the stnuwwe as long as all other dimensional criteria are adhered to. C. The Planning Board shall have the discretion to allow between 4 - 6 parking spaces per 1,000 square feet of Gross Floor Arca for retail development in the Village Commercial District. 14. One(1)handicapped parking space shall be provided for every twenty(20)parking spaces provided on site. The handicapped space shall be 12'x 20'and be indicated by a ground mounted sign and pavement markings. 8.2 Auwmob&Service Stations and Other Aatamabile Serviea Automobile service and filling stations, automobile repair shops, body shops and painting shops, tire stores, radiata shops or any of their appurtenances or accessory uses shall not be erected,placed or located within fifty (50) feet of any residence district or residence structure. In addition, the use or structure shall conform to the following requkexnents(in additiors to district requirements): I. The minimum froirtage on a street shall be one hundred and fifty(150)fees. 2. The maximum width of driveways and curb cuts measured at the street lot line or Imes shall be thirty (3 0)or barriers may be interrupted by normal entrances or exits and shall not be required with ten(10) feet of a street lot line. 83 Site Plan Review I. Purpose a) The purpose of this section is to protect the health, safety, convenience and general welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts, both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic. This review considers the impact on public services and infrastructure; environmental, unique and historic resources; abutting properties; and community character and ambiance. b) This section of the Zoning Bylaw is adopted pursuant to Chapter 40A, Suction 9. All Site Plan Review applications submitted under the provisions of this suction shall be reviewed by the Planning Board as a Special Permit. 82 C) Sites and developments to which this section applies shall compty with the regulations of this section as well as those other applicable Town Bylaws, or the requirements of the Commonwealth of Massachusetts,prior to any construction being undertaken in the Town of North Andover. 2. Developments Which Require Site Plun Review a) Site Plan is required when: i) Any new buildings)or construction which contains more them two thousand(2,000)square feet of gross floor area which is undertaken on land within the Town of North Andover or results in the requirement of five(5)or more new or additional parking spaces; feet of ii) Any construction which results m the addition of more than two thousand(2,000)square V=floor area to an existing structure;or results in the requirerne t of five(5)or more new or additional parking which di) Any construction, site improvements, new uses m existing structures or developments COMM new processes not nnorrnally associated with tate exstitg use and which result m changes in the potential nuisance to adjacent property,traffic circulation; storm water drainage onto or off of the site; and/or the application of the parking standards of Section 8.1 indicate the need for five(5)or more new or additional parking spaces. . iv) The construction of any new wireless service facility on a Previously permitted facility as set fourth in Section 8.9(3X#x)Wireless Savice Facilities Use Regulations(1998/38). b) The following development(s)are exempt from Site Plan Review: i) Single family dwelling(s)and two family dwelling(s); Small structures or additions which do not exceed two thousand (2,000) square feet of gross floor area and do not require five(5)or more parking spaces. iii) Routine repairs and maintenance that do not exceed the provisions of Section 0 xe). c) Waiver of Site Plan Review i) When in the opinion of the Plaruning Board, the alteration or reconstruction of an existing structure or new use or change in use will not have a significant impact both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic;public services and infrastructure; anviunique and historic resources; abutting properties, and community needs,the Planning Board may determine,widrout a public hearing,that submission of a site plan review application is not required ir) The applicant must request a waiver from Site Plan Review in writing and may be required to submit supporting documentation that Site Plan Review is not required. The waiver request will be discussed at a regular session of the Planning Board. 3 Sets Alteration-Viofi dm of the Bylaw b) No building permit, site clearing, filling, grading material deliveries or cmstructiorr shall be initiated on any site which this section applies until Site Plan approval as required by this section is obtainod. c) Nothing herein shall be construed, however, to prohibit such clearing or aheW as may be necessary for purposes of conducting pr&development studies, such as geotechnical tests, soil borings,wetlands dexamaatron,pencelatiom tests for septic systems as required by the Board of Health, or other similar test as required in order to fulfill a requvanent of any Town Bylaw or regulations of the Commonwealth. 83 4. Procedures a) The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection VM Revisions to Approved Site Plans. b) Any proposed development meeting any of the criteria set forth in Subsection U Developments which require Site Plan Review, shall be subject to Site Plan Review and submit a Special Permit application to the Planning Board. c) An applicant for site plan review shall file an application form, fee,eight copies of the site plan,and any additional information as may be required (See Subsection V Information Required), with the Planning Department. Once the applicant is deemed complete, the Planning Departmesrt will forward the application to the Town Clerk. An application wilt not be deemed complete until all required information and fees are submitted. The tine periods set forth m this Zoning Bylaw and M.G.L. Ch.40A will not start until the application has been deemed complete and submitted to the Town Clerk. d) The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequately review and analyze the contents of any site plan or impact study requested by the Board 5. Information Required a) Special Permit Application Fan,along with any fees as may be set by the Town Bylaw; b) Drawings prepared at a scale of one inch equals forty fed(0-40)or larger, or at a scale as approved in advance by the Town Planner. C) All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered m the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shalt be prepared by a certified architect registered in the Commonwealth of Massachusetts.All plans shall be signed and stamped; d) The tines for submission of the site plans for review by the Planning Board are specified in Section 10.3 of the Zoning Bylaws(Special Permit Regulations) e) The following information must be submitted along with the application: i) NORTH ARROWA OCATION MAP: A north arrow and a location map showing surrounding roadways and land uses adjacent to the site (1"=1500 . Location Map should show at least one intro ction of two adstmg Town roadways. a) SURVEY OF LOT/PARCEL: A boundary survey conforming to the requirements of the Essex County Registry of Deeds Office. The survey shall be dated and include any revision made to the survey or site plan. Any change in the survey shall be recorded before site plan approval may be granted iu) NAMEIDESCR TON OF PROJECT:The name of the development and the names, addresses and telephone numbers of the project listing tenants, land uses, development phases, or other pertinent information necessary to evaluate the proposed development plan. iv) EASEMENTS/LEGAL CONDMONS: Identification of t(s) or legal encumbrances(s)that are related to the sites physical developmeK and a listing of any condition(s) placed upon the site by the Board of Appeals, Planning Board, Conservation Commission, or any public body or agency, with the authority to place conditions on the sites development. 84 V) TOPOGRAPHY: The present and proposed topography of the site, utilizing two foot (21)contour intervals. The contours shall extend at least fifty(50')feet beyond the site boundaries by estimation of the professional submitting the plan. vi) ZONING INFORMATION: All applicable Zoning Bylaw information shall be provided regarding the site's development. This information shall be placed in a table and W all parking, setbacks, percent of lot coverage, floor arm ratio, number of dwelling units, total amount of square feet, size of signs and any ether applicable zoning infwnation necessary for the proper review of the site plan by the Town Planner and Planning Board vii) STORMWATER DRAINAGE: All storm water drainage control facilities udhzad by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown the plan shag be submitted to the Department of Public Works for review and approval. Calculations shall show a mitigation of rmr off to zero of the 2, 10,and 100 year storm evert. vii) BUILDING LOCATION: Ideriffication of all existing and proposed structure(s) located on the site. The number of stories,aveag hrdgtnt in feet and gross floor area in square fent of all strtwt ue shall be indicated. ix) BUILDING ELEVATION:A drawing of the Oddrior of the building as viewed Snore the front (street view)must be submitted. The P Board may request side and rear views if relevant to the Board's review. This drawing must be at least 8"x I V in size. x) LOCATION OF PARKINGAVALKWAYS: IdmtificWw of the location of all gusting and proposed parking and walkways areas, including curb cuts that will be used to acoess the site from adjacent roadways,or access points. xi) LOCATION OF WETLANDS/NOTICE OF INTENT: All resource areas as defined in M.G.L. Chapter 131, Section 40 and the Town's Wetland Bylaw, shall be shown on the site plan. The applicant shall file a Notice of Inl O with NACC cancurreatly with the application to the Planning Board for Site Plan Review. xu) LOCATION OF WALLSISIGNS: Idmufwatm of the location, hreWM and materials to be used for all retaining walls and signs located on the site. Signs will be reviewed. using the guidelines set forth in Suction 6.7(I)of the Toning Bylaw. xiu) LOCATION OF ROADWAYS/DRIVES: Identification of all right-of-ways and driveways including the type of curb and gutta to be used, and their dimensions. Distances to all the nearest roadways and/or curb arts shall be shown for both sides of any streets which is adjacent to the site. xiv) OUTDOOR STORAGEMISPLAY AREAS:Idatificatim of the location and type of outdoor storage and display areas on the site. xv) LANDSCAPING PLAN: Idtion of the location and landscape schedule of all perimeter and interior land caping, including but not limited to proposed paving materials for walkways, fences, stonewalls and all planting materials to be placed on the site. In addition, all existing trees over 12 inches DBA, to be saved or removed shall be shown on the site plan. Any landscaping required by the Town Bylaws shall be indicated on the site plan in tabular form showing the amount required and the anxxmt provided. 85 xvi) REFUSE AREAS: Identification of the location of each outdoor refuse storage area, including the method of storage and screening. All refuse areas must be fully enclosed. xvii) LIGHTING FACILITIES: Identification of the proposed illumination, indicating the direction and the degree of illumination offered by the proposed fighting facilities, including an example of the light fixture to be used xviii) DRAINAGE BASIN STUDY:A detailed hydrology study for the site. Included in this study is the proposed storm water run-off rates into the existing drainage system and its potential down-stream impact on the existing drainage system xix) TRAFFIC M PACT STUDY: Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project Projects which access state lughways, a traffic impact study shall be filed with MEPA concurrently with the Planning Board review. A copy of the MEPA study shall be filed with the application to the Planning Board. xx) COMMONWEALTH REVIEW: Any information required and submitted to any agency of the Commonwealth, shall be filed with the Planning Board upon the initial submission of the project for Board review. xxn� UTII..ITTES: All utilities, including water line locations, sewer tine locations and profiles,and storm drainage systems; xxii) FISCAL IMPACT: Projections of costs rising from increased demand for public services and infiwtructizw, provisions of benefits from increased tax revenues, employment and infrastructure improvernents; and impacts on adjacent property values. =a) COMMUNITY IMPACT: Analysis of the project's impact on the surrounding negbborfiood in terms of architectural consistency, pedestrian movement and overall character, impacts on nearby historic structures or site; and an evaluation of the proposed project's consistency ad compatibility with existing local and regional Plans• f) If the site plan review application is for the construction of any new wireless service facility on a previously permitted facility as set fourth in Section 8.9(3xa)9U)Wireless Service Facilities Use Regulations,the information required by Section 8.9(5)must also be submitted. The SPGA may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility(1998/38). 6. Review Criteria/Design Guidelines a) The following criteria and design guidelines shall be used by the Planning Board in evaluating the site plan review and all information submitted as part of the application. General a) Conformance with all appropriate provisions of the Zoning Bylaw. b) Protection of abutting properties from detrimental site characteristics. Env rommital a) Protection of unique or impa arrt natural,historic or scenic features. b) Adequacy of proposed methods of refuse disposal c) Ability of proposed sewage disposal and water supply systeins within and adjacent to the site to serve the proposed use. d) Adequacy of the proposed drainage system within and adjacent to the site to handle the increased runoff resulting from the development. e) Provision of adequate landscaping, including the screening of adjacent residential uses, provision of stmt trees, landscape islands in the parking lot and a landscape buffer along the street&,outage. 86 fj Adequacy of the soil erosion plan and any plan for protection of steep slopes, both during and after construction. g) Protection of adjacent properties by minirnizing the intrusion of fighting, including parking lot and building exterior lighting. h) The proposed development must not present a demonstrable adverse impact on the surrounding area resulting from amessive noise,dust, smoke, or vibration which are higher than levels now a gm rienced from uses permitted in the surrounding area. iii) Design a) Buildings shall be located with respect to setbacks placement of parking landscaping and entrances and exits with surrounding buildings and � development. . b) The buildings shag relate harmoniously to each other in architectural style,site location and building exits and entrances. C) Screening shall be provided for storage areas, loading docks, dumpsters, rooftop equipm M utility buildings and sbnilar features. d) Electric, telephone, cable tv., and other stich lines and equipment must be phiced undaVound- e) Demonstrate that the scall; massing and detailing of buildings are compatible with those prevalent in the surra ndang area. iv) Traffic/parking A) The location and number of curb cuts shall be minimized to reduce turning movements,and ham&w exits and entrance. b) Provision for access to adjoining properties shall be provided as appropriate. c) Driveways shall be located opposite each oder wherever possible. d) Joint access driveways between adjoining properties shall be encouraged. e) Internal circulation and egress shall provide for trahk safety, and access to and from mirror streets servicing one hmily dwellings shall be minimized 7. Fludioge of the Plaomiog Board a) With the concurring vote of four members, of the Planning Board shall either A)approve, B) approve with conditions,or C)dory a site plan submitted for review. i) The Planning Board shag approve a site plan with the following conditions are mer a) The site plan complies with all current Bylaw require ie nts of the Town, and. b) The site plan has been submitted in aocardance with the regulations and procedures as outlined in this section and Section 10.31 (Corhditions for Approval of Special Permit) u) The Planning Board shall conditionally approve a site plan when the following conditions are met: a) The application needs to go to any Town Board Department or Comrnission for approvals,or requires approvals by any state,and/or federal agency and, b) The site plan generally complies with Town Bylaw requirements, but requires minor changes in order to be cmWktely in compliance with the Town Bylaw regulations. iff) The Planning Board may deny approval of a site plan for the following reasons: a) The plan does not include all the materials or information required in this seetioo, or has flailed to adhere to the procedures for Site Plan Review as oudhned in this section,and Section 10.3(Special Permits),or, b) The plan as presented is not in compliance with Town Bylaws,or, 87 C) The plan has been drawn incorrectly or in such form that the Planning Board is unable to determine what information is being presented for review, or; d) The applicants have failed to incorporate and adhere to any condition(s) for approval granted by any Town Board, Department or Commission, or requirements called for by any state or federal agency, which has proper authority upon which to place conditions on a matter before the Planning Board. iv) The Planning Board shall render a decision within ninety (90) days of the public hearing and shall file its written decision with the Town Clerk's office and other appropriate parties in accordance with the provisions of M.G.L.Ch.40A. V) The applicant shall be responsible for filing a copy of the decision at the Registry of Deeds. Prior to the issuance of a building permit, the applicant shall present evidence of such recording to the Building Inspector. vi) For the purpose of securing the performance of all proposed work, including landscaping and off-site improvene ts, the Planning Board may require security submitted in the form of a check made out to the Town of North vn) Andover in an amount determined by the Board to be sufficient to cover the cost of all or any part of the innproverne nts required The check will then be placed in an interest bearing account and will be released upon the compktion of the project. The Board,at its discretion, fty release partial amamts of the security at certain stages of construction. 8. Revisions to Approved Site Plr a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review: No revisions shall be approved until the Tawe Planner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories: i) A change of location and layout of any parking area(sl signs, storage or accessory buildings,provided that no Town Bylaws are violated by the change; iii) The change in the proposed landscaping plan,which does not violate any Town Bylaw; iii) A change ofegress and ingress provided the same is in compliance with Town Bylaws and the require rnents of the Coninowm atth. b) The revisions cited above may be completed without further review by Phmiing Board, upon approval by the Town Plonni r. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection,and that the proposed revisions are in fact substantial and call for materially Merent site plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site irov�arts to be constructed and shown in the approved site plan. C) If the revisions are determined to be substantial and materially diff'er+ent by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. (Section 8.3 rewritten and reorpnized May 6, 1996 Annual Town Meeting,Article 20) 88 S.4 Screening and Landscaping Requirements for O§Street Commend and Industrial Districts(1987/12) For all canmercial and industrial districts the following minimum screening and landscaping requirements shall apply for all off-street lots with more than 6 parking spaces, or in any instance when a commercial or industrial off-street area of any size abuts a residential district. parking 1. A strip of land at least sic (6) feet wide (may be part of required yard setbacks) with trees or shrubs densely planted,to create at lost an impervious screen, at least four(4) feet high at the time of planting and which are of a type that may be commonly expected to form a year round impervious screen at least five(5)feet high within three years. 2. If a natural screen as descnW in itean I above cannot be atteurod, a wall a fence of uniform appearance at least five(5)feet high above finished grade will be allowed. Such a wall and/or fence may be perforated,provided that not more than 25%of the face is open 3. All required scree nin& as described in items 1 and 2 above, shall be maintained in good condition at all times. Such screening may be interrupted by entrances or exits,and shall have no signs attached thereto other than those permitted in the district. For all off-street parking areas of 20 or more spaces the following criteria shall also apply. 4. On at least three sides of the perimeter of an outdoor parking lot, there shall be planted at least one tree for every thirty(30)linear feet. In the interior part of an outdoor parking lot where two rows of parking spaces containing a total of 10 or more parking spaces face each other,a landscaped open space not less than 6 feet in width shall be provided. The landscaped strip may be provided either", 1)between the rows of parking spaces parallel to the aisle or, 2) in two or more strips parallel to the spaces and externding from the aisle serving one row of spaces to the aisle saving the other row of spaces,as illustrated below. Tram required by this section shall be at least 3.5 inches in diameter at a height four feet above the ground at time of planting and shall be of a species characterized by suitability and hardiness for location in parking lot. To the extent practicable, existing trees shall be retained and used to satisfy this section The following graphics are intended as illustrations and examples ally and have not been incorporated into the require ner& of this Bylaw.(See graph after Tables and Footnotes at and of Bylaw). 5. All artificial Gghtahg used to illuminate any commercial or industrial parking 1d, loading bay or driveway shall have urndergrohmd wiring and shall be so arranged that all direct rays from such lighting falls entirely within the parking, loading or driveway area,and shall be shielded or raoessed so as not to shine upon abutting properties or streets. vmW Commensal Dimendond Requirement In the Village Camnercial Zoning District the following requirements shall be adhered to. The following requirements are only to be placed upon the Village Commercial Zoning District and shall take the place of the proceeding regulations found in paragraph 1-5. Screening �e Due to the high aesthetic standards to which the archil cWm shall be made to conform, the main purpose of the screming shag be to screw the parking and other accessory shwa ees which may be a part of the developmet t. The Planning Board may require any additional scraping as may be reasonably required. a. All buffer zones must be designed by a registered landscape architect, or other professional as approved by the Planning Board. b. The Planning Board recommads that materials to be used in the buffer include but not limited to the following material: Natumllexisting vegetation, natural topography, berms, stone walls, fa"es, deciduous and coniferous shrubs/trees, perennials, annuals, pedestrian scale walkways, gazebos and other landscape material as it addresses the aesthetic quality of the site. 89 The final approval of all material used within the buffer zone shall be at the discretion of the Planning Board. C. Parking lots containing 10 or more spaces shall be required to provide one tree for every five spaces. All trees shall be a deciduous mix of at least 2.5 inch caliper when planted Native trees and shrubs shall be planted wherever possible, in order to capture the"spirit of the locale" through indigenous species(such as lilac, viburnum, day lilies, ferns, red twig dogwood, oak, maple, sycamore; linden, hawthorn; birch, shadbush, etc.). In instances where healthy plant matf:rial exists on the site prior to its development, in part or in whole,for purposes of off street parking or other vehicular use areas,the Planning Board may adjust the application of the above mernioned standards to allow credit for such plant material if; in its opinion, such an adjustznennt is in keeping with and will preserve the intent of these standards. M Planned Resided Development(PRD) I. Purposes: The purpose and intent of the regulations contained in this section are to promote the public health,safety and general welfare of the citizens of the Town by providing for the following goals: a. To prorrrote the more efficient use of land in harmony with its natural features; b. To encourage the preservation of open space; C. To protect water bodies and supplies, wetlands, fkhodpiains, hillsides (1994/401 agricultural lands,wildlife,and other natural resources; d To permit greater fladbility and more attractive, efficient and ecorromical design of residential developments; e. To facilitate economical and efficient provision of utilities; f. To meet the town's housing needs by promoting a diversity of housing types. 2. Applicability An application: for a Planned Residential Special Permit (PRD) shall be allowed for parcels of land in the R-1, R-2, and R-3 Districts in accordance with the standards set forth in this section. An application for a Planned Residential Development Special Permit shall be deemed to satisfy the requirements for Site Plan Review. 2. Permit Authority The Planning Board shall be designated as the Special Permit Grunting Authority,and shall grant special permits for PRD's consistent with the procedures and conditions set forth in this section as well as in Sections 10.3 and 10.31 (Special Permits)of this Bylaw. 4. Procedure for Ap}xrvaL• Preliminary Plan The applicant must submit a preliminary plan per Section 6(G) (1994/40) and schedule pre-application conference to discuss the proposed PRD with the Planning Board before the submission of the final special permit application and supporting documents,to the Board for review in a public hearing. Final Plan Submittal The applicant shall follow the procedures and standards contained in this section and Section 10.3 (Special Permit)in submitting a set of final plans to the Planning Board for review. 5. Information Reguirrad Any applicant who desires a special permit under requirements of this section shall submit an application in writing in such form as the Planning Board may require which shall include at the minimum the following: A. Development Statement: Which shall consist of a petition; a list of the parties of interest with respect to the PRD parcel and any parcel proposed to be used pursuant to the subsection 5a below. A list of the development team and a written statement meeting the requirements of a site evaluation statement under the Subdivision Rules and Regulations of the Planning Board; and setting forth the development concept and the specific requirements of the Zoning Bylaw within a table which includes the following information: 1. The number of units, 90 2. Type size(number of bedrooms), 3. Floor area, 4. Ground coverage, 5. Summary showing open space as percentages of the total area of the PRD tract, 6. Development schedule for all site improvements. a. Copies of the proposed instruments to be recorded with the plans including the Usable Open Space perpetual restriction, which shall be deeded to a membership corporation, non-profit orgmizatkA trust, public agency, or the Town of North Andover. b. Developmerrt plans bearing the seal of a Massachusetts Registered Architect, Registered Civic Engineer or similar professional as appropriate and consisting of t. Subdivisions-All plans shall be drawn at a scale of 1"=40' showing all site improvemennts and meetnog, to the extant applicable, the requMnents set forth for a De imi&e Plan in the Subdivision Rules and Regulations of the Pkm** Board and, Site Plans - Plans submitted shall med the requkwxnts contained in Section 8.3 (Site Plan Review)to the extant applic sbk B. Review by Other Town Deaartmartts: The Plam* Board shag within ten days of receipt of an application under this section, refer the application to the Cmavatm, Commission, Public Works Department, Board of Health, Building Inspector, Police Departrnent, and Fire Department for written reports and recommendations. No decision shall be made until such reports, are returned or thirty-five days have elapsed following such referral without receipt of such report C. Findings of the Plarmina Board: The Planning Board may issue a special permit under this section only if the Planning Board finds that the PRD is in harmony with the general purpose and intent of this section and Section 10.3(Special Permit)and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and meets the purpose and intrent of this section, which residers it appropmate to depart from the requiravmts of this bylaw otherwise applicable to the Zoning District in which the PRD parcel is located. If a special permit is granted, the Planning Board may impose a condition thereof that inslallation of municipal services and construction of roadways within the PRD shall comply with the requwane nts of the Subdivision Rules and Regulations of the Planning Board. Further,the Regulations of the Planning Board may require sufficiat security to ensure compliance with the Subdivision Rules and Regulations,planned recreation facilities and site amenities;and may impose additional safeguards pertaining to public safely,welfare and cmMianoe. 6. Development Standards: A. Allowable Parcel Stu: For each application filed for a special permit under this section, the applicant must have a cahtiguous parcel of land,in single or consolidated ownership at the time ofaPP lication,which is at least ten(10)acres in size. B. A wable Uses: The following principal uses are allowed in a Planned Residential Development: 1. Single family detached houses; 2. Residential structures with up to five dwelling unites per structure, utilizing common wall construction; 3. Church or other religious purposes; 4. Agricuhure on parcels greater than five(5)acres; 5. Public parks; 6. Consawation arca or land preserved as permannaht open space; 91 7. Membership clubs for the exclusive use of the residents of the development. C. Dimensional Regulations: Site Plans Minimum Lot Size: Not Required - Lot Frontage: Not Required - All Yard Setbacks: Not Required - Height Limitation: 30'or 2.5 stories - Distance Between Structures: NY - Buffer Zone: 50' from the parcel boundary to any structure located within a PRD Development. Said buffer shall remain open without paverrm t or roadway(s)and left in its natural condition. D. Dimensional Regulations: Subdivisions - Minhwn Lot Size: R-1 and R-2 21,780 square feet;R-3 12,500 square feet - Lot Frontage: 100'all zoning districts - All Yard Setbacks: 20'(1) - Height Limitation: 30'and 2.5 stories Buffer Zone:(1993133) A fifty-foot(50�border from the parcel boundary running the full length of the perirneter of the parcel. No structure shall be built within the Buffs Zone. The Buffer Zone shall re am in its natural state except; 1. trees and/or shrubs may be added to improve the buffer characteristic of the Zone,and 2. roadways perpendicular or nearly perpendicular to the Zone may be installed to access the Site, if approved as part of this PRD Special Permit granted be the Planning Board. Such roadways shall be minimized within the context of sound subdivision planning pract ioes. 1. The structure may be placed upon a side lot line without a side yard setback, provided that the adjacent lot to which the zero setback is located has the required side yard setback. E. Parking_Raquinmarts: For all Planned Residential Development off-street parking shall be provided as required by Section S.1(Off-Street Parking). F. Usable Open Space: Usable Open Space shall be defined as the part or parts of land within the PRD which are reserved for permanent open space. This space shall exclude parking areas, but include. required setbacks and walkways. The usable open space shall be open an unobstructed to the sk); however; trees, Pig• arbors, flagpali's, sculptures, fountains, swimrning pools, atriums, outdoor recreational facilities and similar objects shall not be considered obstructions. 1. For subdivision PRD's the minimum usable open space requirements shall be 35% of the total parcel arra; and no more than 25%of the total amount of required usable open space shall be wedand. 2. For site planned PRD's,the minimum usable open space requirements shall be 50%of the total parcel area;and no more that 25%of the total required usable open space staff be wetland. All resource area shall be determined by the requirements of M.G.L. Chapter 131, Section 40, and the Town's Wetland Bylaws under this subsection. For all PRD's the Usable Open Space shall be owned in common by and readily accessible to the owners of all the units in the PRD by any of the following groups: 1. A non-profit organization or trust whose members are all the owners and occupants of the units, 2. Private organization including but not limited to the Trustees of Reservations or Essex County Greenbelt Association whose primary function is preservation of open space, 3. The Town of North Andover, 4. Any group as indicated by the Planning Board which exists or is created for the purpose of preserving open space for the owners of the units located in a PRD Project. 92 Further, a perpetual restriction of the type described in M.G.L. Chapter 184, Section 31, (including future amendments thereto and corresponding provisions to future laws)running to or enforceable by the Town shall be recorded in respect to such land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation. Board shall Such represcribe and may shall be in such form and substance as the Planning p Y contain such additional restrictions on development and use of the Usable Open Space as the Planning Board may deem appropriate. G. Cak;ulation of Alkwabk Residential Except as noted in Subsection H below,the maximum number of buildable lots in a PRD will be equal to the number of buildable lots which would result from an approved conva tonal subdivision plan. In order to determine the residential density of a PRD, the applicant must submit to the Planning Board a plan which: 1. meets the criteria of a Preliminary Subdivision Plan as defined in Section 3(b)of the'Rules and Regulations Governing the Subdivision of Lard,North Andover,Massachusetts"in effect at the time of plan submittal, Bylaw"in effect at the time of plan submittal,and 2. is fully compliant with the"Zoning 3. requires no zoning variances. The Pimming Board will use this plan to determine the maxrnarm numbr of buildable W.(1994/40) H. Density Bonuses 1. Affordable Housing Bonus units ma be increased u to For all PRD's the total number of allowable lots and/or dwelling y P 209/0 if the developer designates at least 30%of the total number of units for use in conjunction with one or more state or federal housing assistance programs. However, in the instance where the use of federal or state programs are not available to the Housing Authority, the Planning Board, after consultation with the Housing Authority, may propose aka wtive methods of attaining the Affordable Housing Bonus. The developer shall off*, in wrftg to the Planting Bard that the appropriate number of dwelling units have been set aside and conveyed to the North Andover Housing Authority (or otter actions are requwcd), before the Planning Bard shall grant any special permit with density bon o provisions. Further,the developer shall be oesponsibk to work with the North Andover Housing Authority to initiate and conclude occupancy of said units within one year of their completion. Failure to do so shall be deaned a violation of the special permit ckeria. other The granting of this bonus density shall not exempt the proposed development from any criteria required by this section or regulation contained in the Town Bylaws. 2. Open Sgace Bonus units rrta increased u to For molt i4mily PRIYs, the trial number of allowable dwelling maybe P 10% if the proposed PRD provides sixiy-five peccant(65%)usable open space consistent with the definition of usable open space as provided in this section. The granting of this bonus density shall not cmnpt the proposed development from any other criteria required by this section. 3. Maximum Density pfoposed PRD's may utilize both bonus provisions, i.e. affordable housing and open space; however, the granting of bonus densities shall not OMMI)t the proposed development from any other criteria required by this section. 93 8.6 Satellite Receiver Diu (1987/83) To restrict the erection andlor installation of satellite microwave receiver discs in residential districts to a ground level area, to the rear of the rear line of the building within the side boundary lines of the same building so that it is out of sight fran the street. [Note: 8.7 Growth Management deleted May 2004 per Article 39.1 (2004/39) Section 8.8 Adult Use Zone The Adult Use Zone is herein established as an overlay distrwt and shall be superrirnposed an the other districts established by this Bylaw. The requiranarts enunnaated for this Adult Use Zone shall be is additm to, rather than in place of,the requiranents of the odxr districts. Adult uses may be allowed by Special Pamit in the Adult Use Zone,as descnbed below. Adult uses shall be prohibited at any other location in the Town. The following regulation shad apply to Adult Uses as defined in Section 2 of this Bylaw. 1. Boundaries: Boundaries of the Adult Use Zone ane shown on the Zoning Map and shall inchide the following parcels as ide ntiflied on the 1995 Assessor's Map: Map 34 Parcels 27 and Map 77 Parcels 3, 12, 13, 14 tit 17. Map 34 Pared 27 North iy 250'+/- by Holt Road Easterly 340'+/-by Lot 2 Southerly 240'+/-by City-of Lawrance Airport Welly 330'+/-by Lot 4; Map 77 Parcel 13 Northerly 100'+/-by Holt Road Easterly 370'+/-by Lot 4 Southerly 130'+/-by Parcel 3 Westerly 400'+/-by Clark Stmt Map 77 Parcel 14 Northerly 245'+-by Holt Road Easterly 330'+/-by Lot 3 Southerly 250"+/-by Parcel 3 Westerly 370'+/-by Lot 7 Map 77 Parcel 3 Northerly by 410'+/-by Lots 3,4,and 7 Easterly 250'+/-by City of Lawn m Airport Comm Soudwly 465+/-by City of Lawrence Airport Comm. Westerly 460'+/-by Clads Street Map 77 Parcd I2(3 sided lot) Nordxrly 410"+/-by Parcel 17 Easterly 270'+/-by Clark Street Southerly 285'+/-by City of Lawrence Airport Canon.;and Map 77 Parcel 17 Northerly 120'+/-by City of Lawrance Airport Comm. Easterly 210"+/-by Clark Street Southerly 410"+/-by Parcel 12 Westerly 590'+1-by City of Lawrance Akport Comm. 2. Separation Distarnas:Adult uses may not be located. 94 a) vri<tnin five hurdred fed(5041)of the property line of arty RcsWa tial Zaang Dis� church, school,park,or playfield• b) w"*M tuud<nd fed(500')of other adult use as defnod under MGL Ch 138,Sec. 12. ' C) within three 6undrod ted(300')of asry ostabhshttr�rt Roared 3. M�cirnum Usabk Floor Area:With ft eicceptinn of an adult cabaret or an adult motion picttme theater Adak usG+tmy not exceed threeous thousand five hundred(3,500)squash fed of useable floor area. hments shall apply: 4. Pa��R ircrnents:The"lowing parking t'°4u a) puking shalt be provided in die side a front yard only. p b) Ali arking arras shall be ilhsrni ated,and an lighting shin be contained the property. c) Parting arm stall be landscaped in cwfmnw10C with dw aPpr°pnete provisions of to zoning by- - buffer sW� along the side g�,,�,�,,;�_. lona! At a mi�mran, a five(S)fOoot a'id'e Wdscaped then fire(5) and rear propartY lines of as adult use astibi>shrtract norm of evergtesa shrubs at trees not ins feat in hei*at die the of plaatsng,a a solid feioe not less than sac(6)fest in a rmesnar as to visual 5. All building opt+ °tines and windows shall be saewned ■ inch Prevent aWW oo the iOIeriat of the eelab t a adrr purpose nay s plarcarda or other 6. No adult nae stall a nOW public the cagiriot of the buikft a on due i0im wham the same may lilac m m the 8�al P� material any=a*explicit or wads as defined be sem dn+oug�n 8�a adner 18x°transparent in M.G.L. Sac.31 Ch.272. for a Www Panse t for an adult uestablisl> mat west ischial° e=: 7, T�aPPt�iOQer of t1w establisho err, and of the legal owner of d w a) Name and address of due lxeFpl own b) Name�d address of all persons having lawful equity a on*i m die estsblistnnmt; c) Now and address of the m"w. d) Number of anployeea, e) proposed provisions for security widsin and without the fl The physical layout of die interior W Pamir Grading 8. Stec• Permit(',•• Authority: no Btwd of Appeals d" be the Spec Aud"*- onvic�nl violating the prwisiaa of MGL 9. No adult nae special permit shall be issued m my Pam o Ch 119,Sec.63,or MGL Ch.272,Sec.28. held wits!! sbdy-five(65) 10. An adult use bbd pawk shall off'be issued Mowing a °°ra6 public hshin days atter the fi ft of an application with the special WMt ranting authoriauthority,o • a sop'of*hush fatfiwkb be Oven to do Town Chat by the WP6cssnt. die detenniution by the Special Pamir 11. Special persalts for aduk use shell be Voted only upon Grouting Autho*dug the location and des*of the fiwft are in harmony with its wroundkW and °chid dxrough liceansing a adur mans w am= on a continuing basis drat diet d b souxb &of adults in the conrnwntty end will activities therein win not be patently contrary Provo not involve rniithi in any a+ dowt dared invalid not affect the validly of WkStion 12. Any section of this by Iavv,or a patios dlid sti of the rmmider of die by' - (Section 8.8 created and approved May 6, 1996 Annual Town Meeft Asticie 22) 95 Section 8.9 Wireless Service Fugities 1) Purpose a) It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town or adjacent thereto. No wireless service facility shall be placed, constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority (SPGA). The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placemoi4 construction and modification of wireless service facilities within the town. This bylaw is intended to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, preservation of the rural character and the provision of adequate infrastructure development in North Andover. b) The regulation of wireless service facilities is consistent with the purpose of the North Andover Zoning Bylaw and planning efforts at the local government keel to fiuther the conservation and preservation of developed,natural and undeveloped areas,wildlife, flora and habitats for endangered species;protection of the natural resources of North Andover,enhancement of open space areas and respect for North Andover's rural character. 2) Definitions: a) Above Ground Level (AGL). A measurement of height from the natural grade of a site to the highest point of the structure. b) Above Mean Sea Level (AMSL). A uniform point from which height above sea level (or zero elevation)can be measured. c) Antenna.The surface from which wireless radio signals are scat and received by a wireless service facility. d) Camoufted. A wireless service facility that is disguised, hidden, part of as existing or proposed structure or placed within a preexistent or proposed structure is considered to be"camouflaged." e) Carrier. A company that provides wireless services. n Co-location. The use of a single mount on the ground by more than one carrier (vertical co- location)and/or several mounts on a preexistent building by more than one carrier. >v Cross-polarized (or dual-polarised) antenna. A.low mount that his three panels flush mounted or attached very close to the shaft. h) ElervaWn.The measurement of height above mean sea level. i) Environmental Assessment (EA). An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless service facility is placed in certain designated areas. j) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment. k) Functionally Equivalent Servide. Cellular, Personal Communication Services (PCS), Enhanced Specialized Mobile Radio,Specialized Mobile Radio and Paging. n GPS. Ground Positing System by satellite location of antennas. m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables. 96 hips m) Lattice Tower. A of mourn that is self-supporting with multiple legs and cross bracing of structural steel. o) Licensed Carrier. A Company authorized by the FCC to construct and operate a commercial mobile radio service system. p) Mosepok. The type of mount that is self-supporting with a single shaft of wood steel or concrete and a platform(or racks)for panel antennas arrayed at the top. q) MomiL The structure or surface upon which antennas are mounted, including the following four types of mounts: (1) Roof Mounted: Mounted on the roof of a building (2) Side-mounted: Mounted on the side of a building (3) Ground-mounted:Mounted on the ground. (4) Structure-mounted:Mounted on a structure other than a building r) pnioidl r+ectiond(whip)antenna. A thin rod that beams and receives a signal in all directions. a) Panel AaUmm A flat surface antenna usually developed in mdtipks. t) PCR. Co-- micadons Services.These are broadband nWiowave systems that operate at a radio frequenq in the 1850- 1900 megahertz range. a) Rndiolf"weecy(RP)Engineer.An wginew specializing in electric or microwave engineering, especinfly the study of radio frequencies. v) Radiohwivoacy Radiation OM).The emissions from w'vehss service facilities as defined in the FCC Guidelines for Evaluating the Environmental Effwb of Radiofrequency Radiation(FCC Guidelines)or any other applicable FCC guidelines and regulations. w) Security Barrier. A locked brgmu trable wail,fence or berm that completely seals an area from unauthorized entry or trespass. 1) Separation.The distances between one array of antennas and another array. y) Utility.A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or commmucation services(bolt audio and video)between geoaaft stations, sub-stations,and transmission limes or other utility services. z) Wireless Service FaeiYty.Facilities used for the principle purpose of commercial or public wireless communications uses, such as eeflular telephone servicers,a*mced specialized mobile radia services, microwave comnumicatiorn,wireless communications services, paging services and the Glee;as defined in Section 704 of the Federal Telecommunications Act of 1996,as'Mwded. Such facilities shall include towers, antennae, Antermae support swchn'es,panels► dishes and acicessory sbuchm. ns) Wireless Services. The three types of servioea regulated by this Bylaw:commmial mobile radio services, unIk= d wireless services,and common carrier wireless exchange access services. 3) Dirtrict Regulatioana a) Use Regulations: A wireless service facility shall require a bung pewit in all cases and may be permitted as follows: i) The carrier must demonstrate that the facility is necessary in order to provide adequate service to the public. ii) A wireless service facility may locate as of right on any ecisft guyed Umv, lattice tower, monopole or elegy utility transmission tower for which a spacial permit issued under this Section 8.9 is in effect,provided that the new facility shall first obtain site plan review approval from the Planning Board and, provided further that any new facility shall not exceed the terms and conditions of the special permit in effect for the vesting facility on which it is to be located 97 iii) No wireless service facility shall be located in the Town except upon issuance of a special permit in accordance with Section 10.3 of this Bylaw. Such a facility may be located in any zoning district in the Town, provided that the proposed facility satisfies all of the requirements set forth in this Bylaw. b) Location: Applicants seeking approval for wireless service facilities shall comply with the following: i) If feasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures, preexistent telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of preexistent telephone and electric utility structures as sites for one or more wireless service facilities. The applicant shall have the burden of proving that there are no feasible preexistent structures upon which to locate. ii) If the applicant demonstrates to the satisfaction of the SPGA (Special Permit Granting Authority)that it is not feasible to locate on a preexistent structure,wireless service iii) facilities shall be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings(as indicated through site plan review), and placement within trees. iii) The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or Special Permit. c) Dimensional Requirements: Wireless service facilities shall comply with the following requirements: i) Height, General Regardless of the type of mount, wireless service facilities shall be no higher than ten feet above the average height of buildings within 300-feet of the proposed facility. In addition, the height of a wireless service facility shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height. ii) Height, Ground-Mounted Facilities Ground-mountod wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level(AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may exist or may be planted on site. iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten(10)feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally non- conforming with the respect to height, provided that the facilities do not project above the existing building height. iv) Height, Preexistent Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as 98 a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles. v) Setbacks All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed. (1) In order to ensure public safety, the minimum distance from the base of any ground- mounted wireless service facility to any property line, shall be 2x the height of the facility/mount, including any antennas or other appurtenances. This set back is considered the"fall zone". A minimum setback of 600 fed shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types. 2 In the event that a preexistent structure is proposed as a mount for a wireless service ( ) facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non-conforming structures, wireless service facilities and their equipment shelters shall not increase arty non-conformity. 4) Design Standards a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows Camouflage by Existing Buikdiogs or Strictures (1) When a wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexistent architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. (2) Wireless service facilities which are side-mounted shall blend with the preexistent building's architecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building. u) Camouflage by Vegetation. If wireless service facilities are not camouflaged from public viewing area by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted wireless service facilities shall provide year-round vertical evergreen vegetated buffer of 50 feet,or 75%of the overall height of the structure, in all directions.Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Vegetation should be natural in appearance and consistent with surroundings. Up) Color (1) Wireless service-facilities, which are side-mounted on buildings, shall be painted or constructed of materials to match the color of the building material directly behind than. (2) To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it,they must be painted in a light gray or light blue hue which blends with sky and clouds iv) Equipment Shelters Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards: (1) Equipment shelters must be located in underground vaults;or (2) designed consistent with traditional materials, color and design of the area,or (3) camouflaged behind an effective year-round landscape buffer,equal to the height of the 99 proposed building, and/or wooden fence acceptable to the permitting authority b) Lighting and signage i) Wireless service facilities shall be lit only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and foot-candle measurements at the property tine shalt be 0.0 initial foot- candles when measured at grade. ii) Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No tower or other facility shall contain any signs or other devices for the purpose of advertisement. All signs shall comply with the requirements of Section 6; Signs and Outdoor Lighting Regulations of this bylaw. iii) All ground mounted wireless, service facilities shall be surrounded by a security barrier and shall be protected against unauthorized climbing or other access by the public. c) Historic Buildings i) Any wireless service facilities located on or within a historic structure shall not alter the character-defining features, distinctive construction methods,or original historic materials of the building. ii) Any alteration made to a historic structure to accommodate a wireless service facility shall be fully reversible. iii) Wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district. iv) The Historic District Commission must review all appropriate facilities: d) Scenic Landscapes and Vistas i) No facility shall be located within 300 feet of a Scenic Road. If the facility is located farther than 300 feet from the scenic road, the height regulations described elsewhere in this Bylaw shall apply. ii) Wireless service facilities shall not be located within open areas that are visible from public roads,recreational areas or residential development. As required in the Camouflage section above, all ground mounted wireless service facilities that are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth. e) Environmental Standards i) Wireless services facilities shall not be located in wetland resource areas. Locating of wireless facilities in wetland buffer areas shall he avoided whenever possible and disturbance to wetland buffer areas shall be minimized. All Conservation Commission regulations and procedures must be followed. ii) No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site,there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110%0 of the volume of the hazardous materials stored or used on site. Applicant must comply with all federal, state and local regulations governing hazardous materials. m 1 with ' shall be contained on-site and co water run-off as a result of the wireless facility comply iii) Storm rtY the DEP Storm Water Management regulations as applicable. iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier. v) Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna. 100 t) Safety Standards i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. iui) Structural Integrity.The applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility. S) Application Procedures a) Special Permit Granting Authority(SPGR).The Special Permit Granting Authority(SPGA) for wireless service facilities shall be the Planning Board. � to the submission of an a b) p�.Appiication Conference. Prior to for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. c) Pre-Application Conference Filing Requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed wireless service facility. As such, no formal filings are required for the limapplication confwence. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility,as well as its scale and overall design. d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities: Q General F li g Requirements (1) Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co-applicant. (4) Original signatures are required for the applicant and all co-applicants applying for the Special Permit. If an agent represents the applicant or co-applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with. ii) Location Filing Requirements (1) Identify the subject property by including the name of the nearest road or roads, street address,and Assessors Map and Parcel number of subject property (2) Identify the Zoning District designation for the subject parcel. Submit a copy of Town zoning map with parcel identified. (3) A locus map at a scale of 1"= 1500' showing the subject property and all properties within 300 feet and the location of all buildings, including accessory structures,on all properties shown. (4) A map showing the other preexistent and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary. 5 GPS all equivalent stem locating by latitude and longitude wireless service ( ) el system facilities iii)Siting Filing Requirements. A one-inch-equals-40 feet plan prepared by a Registered 101 Professional Engineer in the Commonwealth of Massachusetts showing the following: (1) Property lines for the subject property. (2) Property lines of all properties within 300 feet of the proposed location. (3) Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height. (4) Outline of all existing buildings, including purpose(e.g. residential buildings, garages, accessory structures, etc.)on subject property and all properties adjacent to the subject property. (5) Proposed location of antenna, mount and equipment shelter(s). (6) Proposed security barrier,indicating type and extent as well as point of controlled entry. (7) Location of all roads,public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the wireless service facility. (8) Distances, at grade, from the proposed wireless service facility to each building on the vicinity plan. (9) Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. (10)All proposed changes to the preexistent property, including grading, vegetation removal and temporary or permanent roads and driveways. (11) Representations, dimensioned and to scale,of the proposed mount, antennas, equipment shelters, cable runs,parking areas and any other construction or development attendant to the wireless service facility. (12) Lines representing the sight line showing viewpoint(point from which view is taken) and visible point(point being viewed)from'Sight Lines"subsection below. (13) Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission. iv) Sigbt lines and pbotograpbs as described below: (1) Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building(viewpoint) within 300 feet to the highest point(visible point)of the wireless service facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all intervening trees and buildings. In the event there is only one(or more)residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any. (2) Preexistent(before condition)photographs. Each sight line shall be illustrated by one four- inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 300 feet. (3) Proposed (after condition) photographs. Each of the preexistent condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed wireless service facility is built. (4) Siting elevations or views at-grade from the north, south, east and west for a 50-foot radius around the proposed wireless service facility plus from all preexistent public and private roads that serve the subject property..Elevations shall be at either one-quarter inch equals one foot or one-eight inch equals one foot scale and show the following: (a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and 102 average ground level (AGL) of the highest point. All future proposed antennas, Bh mounts and equipment shelters if any must be shown in order to be included in the Special Permit. (b) Security barrier. If the security barrier will block views of the wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier. (c) Any and all structures on the subject property. (d) Preexistent trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation,with approximate elevations dimensioned. (e) Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours AMSL. v) Design Filing Requirements (1) Equipment brochures for the proposed wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters,cables as well as cable runs, and security barrier, if any. (2) Materials of the proposed wireless service facility specified by generic type and specific treatment (e.g. anodized aluminum stained wood, painted fiberglass, alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (3) Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters,cables as well as cable runs,and security barrier, if any. 4) Dimensions of the wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shehers and security barrier, if any. (S) Appearance shown by at least two photographic superimposition's of the wireless service . facility within the subject property. The photographic superimposition's shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier,if any,for the total height,width and breadth. (6) Landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species. (7) During the public hearing process the applicant shall schedule with the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility. submit a manufacturers on the site is iced b the FAA, the applicai►t shall s if lighting � y 8 ghting computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five(25) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed. vi)Noise FUM Requirements (1) The applicant shall provide a statement listing the preexistent and maximum future projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following: (a) Preexistent or ambient:the measures of preexistent noise (b) Preexistent plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. 103 (c) Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet DEP requirements and Section 9.9(4)(e). vii) Radiofrequency Radiation(RFR)Filing Requirements (1) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, including FCC Radio Frequency Emissions standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies; power levels will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary, field verification. The Permit Granting Authority may condition any Special Permit granted under this section upon a periodic submittal of certification of compliance with said standards. (2) In order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and maximum future projected measurements of RFR from the proposed wireless service facility, including aq co-locators, for the following situations: (a) Preexistent or ambient:the measurement of preexistent RFR. (b) Preexistent plus proposed wireless service facilities: maximum estimate of RFR from the proposed wireless service facility plus the preexistent RFR environment. (c) Certification, signed by a engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards sub- section of this Bylaw. (3) Applicant must submit a copy of the letter from the Massachusetts Department of Public Health approving the site for this facility as required by 105 CMR 122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions. vin) Federal Environmental Filing Requirements (1) At the time of application filing, an Environmental Assessment (EA)that meets FCC requirements shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC (2) The applicant shall list location, type and amount (including radiation trace elements) of any materials proposed for use within the wireless service facility that are considered hazardous by the federal, state or local government. ix) Waiver. The SPGA may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility. 6) Co-location a) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are stand-alone facilities. All applicants for a Special Permit for a wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes: i) A survey of all preexistent structures that may be feasible sites for co-locating wireless service facilities; ii) Contact, with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts;and iii) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. 104 b) An Applicant shall demonstrate to the Planning Board that it has made a good faith effort to co- locate its facility upon an existing facility. The Town may retain a technical expert in the field of RF engineering and/or a structural engineer to verify if co-location at the site is not feasible or is feasible given the design configuration most applicant. I 1'hTown mang to y deny a Special Ption. The cost eor such a rmit t to an technical expert will be at the expense of the PP applicant who has not demonstrated a good faith effort to provide for co-location, c) If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies that show the final appearance and operation of the wireless service facility at full build-out. tion for a d) the SPGA approves co-locawireless service facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Pursuant to Section 8.9(3) Regulations facilities specified in the Special Permit approval shall require no further zoning approval. However,the addition of any facilities not specified in the approved Special Permit shall require a new Special Permit. This allows a carries to"pro-permit" a site for additional facilities so that they will not have to apply for another Special Permit later. e) In order to determine compliance with all applicable FCC Regulations,estimates of RFR emissions will be required for all facilities, including proposed and future facilities both for the applicant and all co-locators. 7) Modifications a) A modification of a wireless service facility may be coosider�ed equivalent to an application far a new wireless service facility and will require a Special Permit when the following events apply: i) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing. ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by changing the wireless service facility in one or more of the following ways: (1) Change in the number of facilities permitted on the site; (2) Change in technology used for the wireless service facility. 8) Monitoring and Maintenance a) After the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measuremamts shall be signed and certified by an RF avow, stating that RER measurements are accurate and are in compliance or why the measurements. fail to comply with all applicable FCC Guidelina as specified in Section 8.9(4xcx1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. b) After the wireless service facility is in operation the applicant shall submit to the SPGA; within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards subsection 6.13.14.5 of this Bylaw c) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer and landscaping. 105 d) Failure to obtain the information required in this subsection 8.9(8) of the Bylaw shall result in a fine of not more than $300 dollars for each offense. Each day that such violation continues shall constitute a separate, offense. 9) Abaudonmat or Diseoatinuation of Use a) At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service facility shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically rernove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove"shall include,but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers from the subject Prey ii) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless service facility to its natural condition, except that any landscaping and grading shall remain the altar-eonditiom c) As a condition of any special permit for the placement, construction or modification of a wireless service facility, a carrier shall place into escrow a sum of money to cover,the costs of removing the facility from the subject property. Said amount shall be certified by an engineer,architect or other qualified professional registered to practice in the Commonwealth of Massachusetb. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and,as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has bean abandoned or discontinued. In the event the posted amouat does not cover the cost of demolition and(or removal the Town may place a lien upon the property covering the difference in cost. d) A facility s6 H be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six(6)months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the facility from the subject property within ninety days. In the evert that the carrier fails to remove the facility, the town shall give notice to the carrier and the indelmdent escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. e) Failure to follow the provisions of this subsection 8.9(9) shall result in a free of not more than $300 dollars for each offernse. Each day that such violation continues shaft constitute a separate of wise. 10) Recoastnctiom or Repiwement of Existing Towers toad Monopoles a) Guyed towers, lattice towers, utility towers and monopoles in eadstanee at the time of adoption of Section 8.9 this Bylaw may be reconstructed, sheared, extended or replaced on the same site by Special Pamit, provided that the SPGA finds that such reconstruction, aherationn, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the preexistent non-conforming structure. In making such a determination, the SPGA shall consider whether the proposed reconstructioq ahastion, extension or replacement will create 106 I public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts. 11) performance Guarantees determined and approved by the SPGA after consultation at the a) Insurance in a treasonable amount expense of the aPP /loam with one(I)or more insurance companies shall be in force to cover damage from the structure,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cove annual maintenance of the facility, shall be escrow agent who shall be authorized to placed into escrow and shall be hey by the� upon by the carries and the funds for the maintenance of the facility on terms to be agreed u theSPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliancewith the standards of the Federal tion and the American National Communications Commission,F A die dial Permit holds. Standards Institute shall be filed with the SPGA by 12)Term of Special P"'L wireless service facility shall be valid for three(3)years. a) A Special Permit issued for any The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of this Zoning Bylaw(1998/36). Secdos 8.10 Lot/S1ope Rogs remeob districe folbwing P of this Section 8.10 1, Lot/Slope Requirements:In the residential zoning shall apply. ere: The purpose of this bylaw is to preggr've and enhance the landscape by encouraging the maximum retention of natural topographic features,such as drainage swales, streams, slopes,ridge lines, rock outcroppings,vistas,natural P formations and trees;to minimize water runoff and soil-erosion problems incurred in grading of steep slopes;to encourage innovative architectural, landscaping,circulation and site design. For the purposes of this subsection,the tam"natural'shall be defined as the condition of the ground suffice as it exists at the time a subdivision or development is proposed including airy man-made alterations such as grading.excavation or filling which may have occurred prior to the time such subdivision or development is submitted. No land intended for subdivision or developmentdevelopmentmay be regraded or filled in such manner as to circumvent this bylaw b. prevjsioss: The provisions of this Subsection 8.10 shall not apply to building lots in a definitive subdivision plan submitted in accordwice with M.G.L.Chapter 41 in order to obtain the protections afforded by M.G.L. Chapter 40A, Section 6. C. De in Suppe: 'Phe slope of land at any point,stated as a parentage,shall be defined as the change in elevation over a horizontal distance measured perpendicular to the contours divided by the distance over which the change occurs multiplied by 100. The slope of land at any point,may be stated as a ratio(2:1,3:1,4:1, etc.). The first number of the ration indicans the horizontal distance and the second number indicates the vertical rise. 107 d. Undisturbed Slopes: All natural slopes exceeding 33% (3:1)over a horizontal distance of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for subdivision or on a building lot are protected and shall remain undisturbed. e. Slope Exclusion for Minimum Lot Area Calculation: All areas with natural slopes exceeding 33%(3:1)over a horizontal distance of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for subdivision or development, or on a lot intended for building purposes, shall be excluded from the calculation of the minimum lot area required for the applicable zoning district. f. The Planning Board may grant a special permit for exemption from the provisions of this section if, in the Board's opinion,the proposal satisfies the purposes of Subsection 8.10.La above. In cases where the proposal includes disturbing or creating slopes exceeding 33%,the request for special permit must be accompanied by: i) A geotechnical report prepared by a registered professional civil engineer in the Commonwealth of Massachusetts that recommends methods for slope stabilization. ii) A commitment from the applicant to fund construction inspection services of a gootechnical engineer. 108 SECTION 9 NON-CONFORM[NG USES 9.1 Noo-Conforming Ute+ use as defined herein,which lawfully existed at the time of passage of Any nonconforming building, structure, amtxxfrrnant thereto may be continued subject to the the applicable provision of this a airy prior by Law or any any lawfully nein-conforming provisions of this Bylaw. Any lawfully nonconforming building or structure anduse of building or lard may be continued in the same kind and manner and to the same extent as at the time it but such building or use shalt not at any time be changed,extended or enlarged became lawfully nonconforming, or use is situated,or except as may be except for a purpose permitted m the zoning district in which such building the North Andover Board of Appeals. Pre-existing ' permitted by a Special Permit or otherwise � ided that no such extension or nonconforming Mictum ar uses, however, may be vas ded or ahered, prov �� there is a finding by the Board of Appeals that such change, extension, or alteration shall be permitted 1 than the existing non-conforming use to the neighborhood• alteration shall rant be substantially mote detrnrnanta � to changres in the lot size required by this Whe pro.�stirng structure has been made non-conforming the F.nfoccenne�Officer bylaw,a may be exteiWed or altered based on a fading byZai that such bylaw,such strnu'ture Y iramert.�except for kit size.(1995/43) structure after'the change meds all current zoning� 9.2 Altentloa or Eitensios lations of this Bylaw but did conform A use or structure lousing a use,which does not conform to the cegu t which extended «ed except to all applicable regulations when MMAW shall not be changed, accordance with the following provisions: the Board of Appeals• 1. Such change shall be approved by a Special Permit or otherwise by use on the date 2. Such change shall be permitted only upon the same lot occupied by the non-codormin8 that it became non-codming. use da not cKceed an aggregate of more 3. Any increase in volume,area,or extent of the non-conforming than twenty five peccant(25%)of the original use. 4. No change shall be permitted which tends to lengthen the economic life of the non-conforming longer than a period reasonable for the amortization of the initial inveslnnaL 9,3 pre.Existing Non-conforming Single Family Residential Stnrctrres and Uses in the Residential 1,Residential 2,Residential 3,Residential 4 and Residential 6 Districts: Sile F Stractu . pro-existing non-conforming a. Pre-ezisti Noes-confo � �� R4 and R6 Districts, may be changed, single family residential structures in the R1, R2, Enforcement Officer(Building extended or ahered, provided that there is a finding by the Zoning Commissioner) that such change, extension, or alteration shall not render the structure more non- conforming than the existing structure. Upon such determination,a building permit may be issued where applicable. The following circumstances shall be deemed not to increase the nonconforming nature of said structure: 1. Alteration of a structure which complies with all currant yard setbacks, building coverage, and building height requirements but is located on a lot with insufficient area, where the structure after alteration will comply with all of current Bylaw requirements except for to area. 2. Alteration to a structure which complies will all current yard setbacks, building coverage, and building height requirements but is located on a lot with insufficient frontage, where the structure after alteration will comply with all of current Bylaw requirements except for frontage. 3. Alteration to a structure which encroaches upon one or crane required yard setbacks, where the structure after alteration will comply with all current bylaw requirements except for yard 109 TABLE 2 SUMMARY OF DIMENSIONAL REQUIREMENTS Res. Res. Res. R". Vill"* Res. R". &W BUIL taus. FIRM vift" PCD General Irm 1 2. Ind. Ind. Ind, (14) 16)m 1 2 3 4---—.Roo.-----5 6 4 Comm. 2 3 Lot Ame (7) Min.ST. 87,120 43,560 25,000 12,500 43,560 413.580 130,680 25,000 25,000 120,000 80,000 90-000 150-000 25,000 80,000 60.000 435,600 50.000 Height 17 max(ft) 35 35 35 36 35 35 35 35 35 35 so 40* 35— 45 55 55 55 55 Stem Frontage (13) (13) Min(ft) 175 150 125 Iw 85 150 150 125 125 300 200 200 300 125 150 150 150 150 Front Ssdwk (10) Min.(ft) 30 30 30 30 25 30 25 30 25 ioo so W" 100 25 so 50 100 30 (2) (2) (3) (3) (2) Min.(ft) 30 30 20 Is is 25 15 20 25 so so 25" 50 25 50 50 200 20 —3) —(1 0) Reor Sedmck (2) (2) (3) (17) Wn(ft) 30 30 30 30 30 30 30 30 30 50 so 25" 50 35 50 50 200 30 Ratio Max. v WA WA 0.75:1 0.25:1 0.30:1 0.75:1 0.40:1 1.50:1 WA 0.75:1 WA 0.50:1 0.50:1 0.50:1 0.50-1 Lot Caywo" Max WA N/A NIA WA WA 20% 20% 30% 35% 30% 25% 25% 25% 35% W% 35% 35% 35% (12) (12) (12) Density M&]Acre NIA N/A N/A N/A I/w-m MukI-Fw* Www WAWA N/A WA WA WA NIA NIA NIA N/A N/A TownhoL" Open Spwe 25%— Irwo stories not to eoaceed 4011. ~'See detailed Distitct Use RpuMlbna ____ ji6refer to fmndo f"idditfonM L In Al district ezceyt ViDaee Commercial,front setbacks along Route 114 shall be a mintniur of l00'. Front setbacks shall be 100' along 125 in Industrial 1 and 2 Districts; the fast 50' o front setbacks under this requMot shall be made to provide an effective visual buffer and nc parking shall be permitted. 2. Adjacent to resider W district.an additional 15 foot snide or near setback shall be required The fast IS feet of the total setback abtrtting the reudasW drstrsct shall remain open and green. be Mtably Umdscapc4 unbwk upon, uroved and not parked upon. In the Business 2 District: the side yard requiremeM may be eliminated when two (2)adjoining property owners agree to share a party waL 3. ACOWaS resndMW d5ftWM the requed side or MW setback shall be 100 fat. The first SO to fed of loch setbeck abutting the rewalaw dismal "a remain open and Breen, be suitably wg m&upon,unpaved and not parked upon. Menclosed pwkirg ==is provided. kitco"Ur ray be wed up to the amourd of i 4' auc�h Poe &g area but ng=Deed a total covea®e of4-We. 5. hfinimum krt sine for a townhouse MOM shad be 43,560 square *a although individual townhoux lots may be a mowsquare filet-n of 3,000 et. lot sin. bur an Wartrnernot coupim shalt be 60,00 square feet' 6. Dbneeional regnlatiaw for townhMn compimm shag matt the rv**c meat of the Residence 5 District;individual tow hoa=within the comp1m however,shall be regulated as follows: J&Feat Nrff"an Street Froraage: 30 Feet M Front Setback: man Side Setback: None where a required pony wall is aorP mated between units; othervAse a 25 bot side setback shall be provided. Nf m owrn Rear Setback: 30 Feat i Mwdmum Floor Area Ratio: 1.20:1 j 10 Maxhtaa�m Lot contiguous Units: 7. 'Tine following addnalrequiarcritsshall apply when almunents or townhouse complexes are constructed in this district: Ia. There shall be a paved driveway or paved walk adequate to accorn MOdatc emergency vehkks within 50 foot of the outside entrance of each dwe ft unit. FN 1 b. Any road providing access to townhouses or lots intended for townhousef conform to the Subdivision Control Regulations of the Planning Board. C. Any road providing access to more than 18 apartment dwelling units or more than parking spaces shall conform to appropriate provisions of the Subdivision Cont Regi latiorns as if it were a minor residential street. Before issuing a building perm sucb cases, the Building Inspector shall obtain a report from the Planning Board on 1 iextent of such confDnaity. CL Maximum bright(ape Mx&&Aimg): 40 feet. e. Maximum stories of living Quarters(apartment building):3. f Msxaman units per strwUm(apartment hil ng): 18 I 8. In Residence 4 Districts only, front setback may be the average of all front setbacks of dweiliq ` units within 250 feet orneither side of lot Buddnngs on comer lots shalt have the required fron setback from both streets e=cpt.in the Residence 4 Districts, whets setback from the side street shall be a m of 20 fret. 9. Nursing and convaleaart hoans shall have at least 600 square fret of lot area per bed. Nfidmum lot size for such homes in R 1,R 2,and R 3 Digricts shall be 2 acres. 10. Where a public sanitary disposal site is the primary use, the setback area shat) be used provide a screening,nature or artificial,from adjacent reesde ntial use of public roadway. I11. Where a public sanitary disposal she is the pranary use, an i=aria up to 100'/. of the lot coverage shall apply,not including the setback areas. 12. If nudti-fam0y saucturtis are selected to attain the maxaruun density allowed, the proposed project shag be subject to the nu nimum open space raNirenmz Sound in Section 8.5(Planned Residential Develop),and to the site plan review requirements of Section 8.3. In the instance where no public sewer service is provided and there is no private sewer system acceptable to the Town, the allowed density in the Village Residential Zone-shall be one dwelling unit per acre and said dwelling and associated lot shall conform to all the regulations consistent with development in the R-2 Zone. Further, under no circunurtances shall muWan* development be allowed in the Village Residential Zone, regardless of density, without the provisions of public sewer or a town approved and accepted private sewer system. 13. In instances where: a lot fronts on Route 114, for purposes of public safety, the required lot frontage shag be 250 feet. 14. The dimensional criteria described in the table below applies only to detached single family developmem. Mufti-family structures developed in this district shall be subject to all criteria FN 2 bcato =lei &n* � �lopas stated m Section 8.5. However, m no irLstances sble mD the bons darty subsections of Section 8.5 apply in the V&p Residential DLStrict. Floor Its aaor&m w�the P�= and mguletiov set forth err Section 103 and of this I5. '® of a�W Pavi W&Y be submwed to increm the allowed FFloor Ares >�w from 025:1 to 030:1 provided that at least 5.000 sq. IL (e kxiing P,BfiPs 1 81201 o (° )of the resultgrg gross floor atm be deeded to the Town for public use purposes; thm at le* 2,500. sq. $. of said area be located at street level. Ed thst the entire square botW .MM of baxmaets, deeded to the Town be supported with perking spacer at the tante of ow space pa 250 squm fieet- slag be eomist w with the definition of OWA'- open spar as eoatamod in Section 16. sPaOe 3 no badii� arae shell be a0owed on the usable open 8S S£ UsableOpm paa . spa'oG A,requW iiort,tar, and side Yazd nxp*anmm may be alcuMed as Port of the usable open jspam but in noinstance Stan any area d�preted for qm*m be Jess then 15 feet in width Furtha, no acnes thm M of the total area re p*vd for cpm �sbafi be a wetlerd Mn, and no p or atamft wan rWdi s sh1 be caleuluted as put of.the mpxied open I?. Vi&{e Caaamer M Dimessioval"airmestb Setbada in awry as to promote a qLv& tY pbjective: The setbscJa have been ddernmred ad 6drmbpnsss winch ds laitWVto the sun+oundiK cx+nmunky in as M D=mw• Froat aetbecks for along Route 114 shad be a Mininm of 50'. an of which a. vimW hdF=. No perhg shall be a0owed withm that 5V shall be used as an effective Wffor. Any roadways or drives wdm that 59 buffer stall be as neoes'wY for access OW b. When adocatt to a Residential District the mmm setback Shen be 40', with the Seat 2S mneinis as an effam" visual huller. The Plenm g Sowd may a8ow the nigitnam setback adjacent to a Resides tid District to W reduced to 2S pmvidatg that the modm m height of the proposed suucrum be 2S', not to exceed one (1) stOcY• Furtltrr, for CMY 1 foot that the atnictura is wed closer then 40 to the Residential Property Lim the naxina,m allowed W&of the stcucttae sand be reduced by 1 foot (gee Diagram 1). In no kstarom SIA a sbnxs ! be closer that2Ao a side o r mu xtbw• Any roadway or drives wdm those setbacks shall be as necessary for accm OW PN 3 i . HAYES ENGINEERING, INC. 603 SALEM STREET WAKEFIELD, MA 01880 NANTUCKET, MA 02554 -0064 (781) 246-2800 (508)228-7909 jlj�F�R NOA ,70 FILEF!) 3: 2 1 FAX (781) 246-7596 March 4, 2004 Town Clerk Town Hall 120 Main Street North Andover, MA 01845 RE: Preliminary Subdivision Plan Submission Old Salem Village, Turnpike Street/ Key Lime, Inc. To Whom it Concerns: Pursuant to Section IV.4.2.4 of the Rules and Regulations Governing the Subdivision of Land in North Andover, you are hereby notified that on March 4, 2004, a Preliminary Plan for the above- referenced property was filed with the Planning Board for their approval. Attached hereto is a copy of the completed preliminary application form and attachments. Kindly acknowledge receipt of this notice by signing the enclosed copy of this letter. Very truly yours, Peter J. Ogren, P.E., P.L.S. President dab Enclosures cc: Planning Board Board of Health Received with a copy of the Preliminary Key Lime, Inc. Application and attachments AR 1(200 FORM B } APPLFCA _ `' D I TION FOR P f' RELIIVIIlV'A1�71'��.�BDI`V'�LS1 N O AISP�20VAL DATE: (Stamp two (2) forms with the Tmm Clerk File one (1)form with the Town Clerk and one (1) form with the Planning Board) To the Planning Board: T'e'undersigned, being an applicant under Chapter 41, 81-S,MQ., for approval of a hereby submits a Preliminary plan and makes application for approval to the North Andover Ma"Mg g Board sed suMV31si 11 Pte' I• Name of Applicant-_—Key Lime Inc. Address: 60 Beechwood Drive North Andover, MA 01845 Signature of Applicant 2. Nance of Subdivision;_ AIn 3. description of Premises:- Located on the easterly side 'of Turnpike Street, (Rte. 114) between SL1_.liyan Street & B Ston StrPPt containing anp oximataly 18 1+ arreG 4. Address ofProperty Being Affected: Turnpike Street Zoning District; Village Residential Assessors: Map#; 107B Lot# 16 & 73 1093 47 s. Deed a Ce; $�� 1821 Page 132 and Document #3390 Certificate of 17itle No. 4 6. Name of SarveyorXagineer: Peter J. Ogren Address: 603 Salem Street, Wakefield, MA 01880 7. Signature of Owzer(s):Al/l,,41 cT zd!/r� Address: /1A-rdoA -Ai W71 Received: Town of North Andover Town Clerk(daft stamp): Signature of Town Official receiving this application: Aw 0 14 Ie QL (A A �xJA a TV. 4xf MT4 [SEB 2 .6 2004 FORM B APPLICATION FOR PREWMARY SUBDIVISION APPROVAL DATE: =q A;O/,0 (Stamp two (2) forms with the Tawe Clerk File one (1)form with the Town Clerk and one (1) form with the Planning Board) To the Planning Board: The undersigned, being an applicant under Chapter 41, Sl-S,MGL, far approval of a proposed subdivision plan, hereby submits a Preliminary Plan and makes application for approval to the North Andover Planning Board 1. Name of Applicant Key Lime, Inc. Address: 60 Beechwood Drive, North Andover, MA 01845 Signature Of Apphcant , 2. Nance of Subdivision: 3. Description-of Prendses:- Located on the easterly side bf Turnpike Street, (Rte. 114) between Sullivan Str,ept &.,Bo on S r t contsining_aDnroximaLpjX 18.1t t acre4 4. Address of Property Being Affected: Turnpike Street Zoning District:_ Village Residential Assessors: Map#: 107B Lot# 16 & 73 1093 47 5. Deed Refereenee: Book 1821 Page 132 and Document #3390 Certificate of Title No. 6. Name of Surveyor/Engineer. Peter J. Ogren Address: 603 Salem Street, Wakefield, MA 01880 7. Signature of©wner(s);, Address: AU Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: g53-7055 1960 KEY-LIME, INC. 2113 60 BEECHWOOD DRIVE 978-683-3163 0899005177 NORTH ANDOVER, MA 01845 / DATE 9 PAY TO THE r� ORDER OF DOLLARS u Salerai'vem _ 210 Essex Street,Salem,MA 01970 MEMO -"1: 2113705581: 08990051 ? 1960 5s3-17.. 1961 KEY-LIME, INC. 0899005177 60 BEECHWOOD DRIVE 978-683-3163 NORTH ANDOVER, MA 01845 DATE PAY TO TH l� '. ORDER OF / A. �� DOLLARS 8 a SalemPi�`-70%% 210 Essex Street,Salem,MA 01970 c MEMO 4: 2 113 70 5S8i: - 08990050 ? 196 1 HAYES ENGINEERING, INC. 603 SALEM STREET WAKEFIELD, MA 01880 NANTUCKET, MA 02554 (781) 246-2800 (508)228-7909 REFER TO FILE# NOA-0064 FAX(781) 246-7596 March 4, 2004 Board of Health 27 Charles Street North Andover, MA 01845 RE: Preliminary Subdivision Plan Submission Old Salem Village, Turnpike Street/Key Lime, Inc. Dear Members: Pursuant to Section IV.4.2.2 of the Rules and Regulations Governing the Subdivision of Land in North Andover, you are hereby notified that on March 4, 2004, a Preliminary Plan for the above- referenced property was filed with the Planning Board for their approval. Attached hereto is a copy of the completed preliminary application form and attachments. Kindly acknowledge receipt of this notice by signing the enclosed copy of this letter. Very truly yours, Q; DWI-- Peter J. Ogren, P.E., P.L.S. President dab Enclosures cc: Planning Board Town Clerk Received with a copy of the Preliminary Key Lime, Inc. Application and attachments Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing Subject Property: MAP PARCEL Name Address 1076 16 Thomas Ventura 455 Main Street North Andover,MA 01845 107B 17 GP&C Inc M 1620 Turnpike Street North Andover,MA 01845 1078 73 Harold Whipple 123 Winchester Drive North Andover,MA 01845 107B 84 Thomas Sciuto 1650 Turnpike Street North Andover,MA 01845 Abutters Properties Mia Parcel Name Address 107B 4 Benjamin Gamum Trustee 397 Famum Street North Andover,MA 01845 107B 5 114 Executive Park Realty Trust 59 Sunset Rode Road North Andover,MA 01845 107B 9 Ernest Gauther 1537 Turnpike Street North Andover,MA 01845 1076 11 Wayne Marceau 1555 Turnpike Street North Andover,MA 01845 107B 15 Ari Forgosh 7 Sullivan Street North Andover,MA 01845 107B 24 Commonwealth of Massachusetts 100 Cambridge Street Boston,MA 02202 107B 56 A.L.Prime Energy Cohnsultants,Inc 1725 Turnpike Street North Andover,MA 01845 1076 65 Thomas Hughes 1475 Tumpike Street North Andover,MA 01845 107B 68 Alex Kiesel 1491 Turnpike Street North Andover,MA 01845 107B 74 John Famum 426 Famum Street North Andover,MA 01845 107B 91 John Famum Estate 426 Famum Street North Andover,MA 01845 107B 92 John Famum Estate 426 Famum Street North Andover,MA 01845 107B 93 John Famum Estate 426 Famum Street North Andover,MA 01845 107B 97 David Iseler 151 Sullivan Street North Andover,MA 01845 107B 98 Timothy Jacques 23 Sullivan Street North Andover,MA 01845 107B 99 Stephen Delmarco 33 Sullivan Street North Andover,MA 01845 107B 100 Brad Amazeen 37 Sullivan Street North Andover,MA 01845 107B 152 Barry Keefe 33 East Pasture Circle North Andover,MA 01845 Date 2/12/04 Page 1 of 1 ��711 � � GRified b j and of Assessor North Andover it -"' -' --"� �y• �� �rv�aD1t777 NE ENGINEERING SVC PAGE 02 4TCLA,XIVI DEED THOMAS P. VENTURA, of 372 Baymeadows Drive, Naples, FL 34113 for consideration of One Dollar and other good and valuable consideration grants to LOIS A. MCSWEENEY,TRUSTEE OF THE L.A.M. REALTY TRUST u/d/t dated of near or even date,to be recorded prior hereto, having an address of 89 Main Street,North Andover, Massachusetts 01845 Being a portion of a certain parcel of land situated in North Andover, on the easterly side of Turnpike Street, so called, Route 114 and containing approximately 10.00 acres, more or less, and shown on a plan of land entitled "Charlotte P. Rea, North Andover, Mass. dated May 1975,Charles C. Martin Associates, Engineers, and which plan is recorded in the North Essex Registry of. Deeds as Plan No. 9494. Said premises are substantially bounded and described as follows: WESTERLY by Turnpike Street in two courses totaling 1247.1 feet; NORTHEASTERLY, EASTERLY,and NORTHEASTERLY in several courses totaling 1712.00 feet; and NORTHWESTERLY by land of Harold A. and Beverly S. Whipple and Margaret Rigg by stone walls in four courses totaling 538.90 feet; Being a portion of the premises conveyed to the within grantor by deed of WArren�. Rea, Jeannette H. David, W. Perley Rea and Doris R. Malkial dated June 13, 1984:and -� .recorded in said Registry of Deeds at Book 1821, Page 132. N Excepting from the above parcel of land the following parcels which were previousYlq transferred: a) Deed to Thomas P. Sciuto and Pearl E. Sciuto dated September 24, 1984 and. recorded in the North Essex, Registry of Deeds at Book 1870, Page 192 as Lot 1 on. a Plan oP Land Number 9518; cm W w b) Deed to said Grantees dated December 28, 1984 and recorded in said Registry .sa at Book 1910,Page 293 as Lot 2-13, shown on Plan Number 9712; and C:) c) Deed to Charles Grieco, Eric Peterson and Dana Clay dated November 4, 1992 at Book 3380, Page 13 being Lot 2-A as shown on said Plan 9712, IOMENIG J.5CALISE ATTORNEY AT LAM 89 MAIN sTREEr NORTH ANDOvpq,NAA 07848 <978>682A153 -�•�� �r000d1CJ77 NE ENGINEERING SVC PAGE 83 1 r r Witness my hand and seal this 5th day of December , 2003 Z!l itness Thomas P. Ventura COMMONWEALTH OF MASSACHUSETTS Essex, ss.. December 5, 2003 Then personally appeared the above named Thomas P. Ventura and acknowledged that he executed the foregoing instrument as his free act and deed,before me. otaary Public ? My commission expires: MJIC J,SCALi3�.Nr�De�Y Rte� My Camn*sko Expku F*twu y 18,2M -OMENIC J.SCALISI= ATTORNEY AT LAW ' 00 MAJN STREET VORTM ANDOVER,MAS 01046 (876)602.41 83 A parcel of land situated on the Northeasterly side of Route 114, Turnpike Street, North Andover, and bounded and described as followss (.i?sas�i�o•r�d..+iaa.►�a�wr+4+tir} $+. Beginning at a point on the Northwesterly corner of said parcel at a stone wall and said Turnpike Street and running by the stone wall and land now or formerly of Lewis in a Northeasterly direction, two hundred and twenty (220) feet, more or'-less, to a turn in the wall; thence turning and running in an Easterly direction_, six hundred and fifty-three (653) feet, more or less, as the wall. runs by land now or - formerly of Farnham to a turn in the walls thence turning and running in a Southeasterly direction, two hundred and ninety-nine (289) feet, more or less, in varying courses as the wall runs by land now or formerly of Israel Carlton to a turn in the wall; thence . turning and running in a Southerly direction, three hundred and est; twenty (320) feet, more or less, as the wall runs by land .now or formerly cl, of Rae to a cedar tree at the wall; thence turning and running in a Westerly direction, two hundred and thirty- five (235) feet, more or less, by other land of the grantor to an iron pipe; k - - :.h. thence turning and running in a Southerly direction, two '.hundred and two (202) feet, more or less, by other land of the grantor to s stake at seid Turnpike Streets' thence turning and running in a Northwesterly direction by said Turnpike Street, eight hundred and fifteen ,(815) feet, more or lees, to a wall } at the point begun at. ,�. Said parcel containing eight (8) acres more or less and de4ignated as r Lot 2 in a plan entitled, "Preliminary Plan of Lanai as surveyed for ' Harold A. Whipple, No. Andover, Mass. , Scale 1"=401 , Sept 1967; F.C. Gelinos, Civil Engineer, No . Andover, Mass. Reference to titles Deed of William D. Johnson, stux. to grantor dated .vJanuar y 12, 1946. recorded North Essex Registry_ of Deeds .a ,� x Book 680, Page 504. -rti�rsrk3►+s��r�w�,��`c•art� war � a�` i cttn' montutaltb of 100!94cbUI6ttt# 1093 kawt.x, sti. Oc:t.obe l tt). .67 ap t`tten G�rrtsonall}� ��xarexl tilt- aixave-n.rrtte l P ic�har(l C. Mac.,Cromva , Fr stir^,r' asci t a, knouledged the foregoi,ig instrumt-tit to Iw tilt- free art ind tieeti of %Inbobtr 6abingo jDank, twit",rE' 111i'. nry Puhlic luslixe«f-tkr-Prtsf c� M}• &Uftunisaion expirrs< Essex, ss. Kecorded Uct . 17 , 1967 at 22M past 9A .M. #1'423 F ry' 1 , Margaret Ring r' of North Andover Essex County, Massachusetts Oesn,jununarried, for consic.icration paid,grant to Harold A, Whipple and Beverly S. Whipple, husband and wife, as tenants by the entirety, of 2237 Turnpike Street, North Andover with eiatttrluint rmrrttnnta Commontotaltb of 0IMbuttttt 1093 llct.gbeY. .1 �. . � . . PAG I.+ •, ,'�C�,:ro�.ti's311� TTE'3StlYt.S". Then personally alifxarc<l thr aline 11an1►K'1• }. . .. . . . ct C .. ,M • . . trwnent to trr the fry �3►t .►1141 dt+d of Zinbober i►abinQ� anb, before ;e 4,1110 •ic.clgt-d the foregoing ins ,,` •. N 'ry Public lusta�a'e{fhr ¢ - fy[3. Missioti expttes< r15 y t, Essex, ss. 1cecorded Oct . 17 , 1y67 at 22m past 9A.M. #423 I s J 1 , Margaret Ring Essex County,:Massachusetts of North Andover S. Whippler being1upitttarried, fnr consideration paid,grant to Harold A, e and Beverly__. husband and wife, as tenants by the entirety• Street, North Andover of 2237 Turnpike With quttrtuinl fottrttatttt� .�SrelPsd- the Northeasside of Route 114, Turnpike A parcel of land situated on terly Y. North Andover, and bounded and described as followst street, corner of said parcel at a Beginning at a point on the Northwesterly the stone wall and stone wall and said Turnpike Street and running bdirection, two hundred land now or formerly of Lewis in a Northesaterly and twenty (220) feet, more orless, to a turn in the wall; in an Easterly direction., six `' hundred and thence turning and running 8s the wall. runs by land now or fifty-three (653) feet, more or less, Ft formerly of Farnham to a turn in the wall; two hundred and u thence turning and running in a Southeasterly1nirCou�sgs as the .wall runs ninety-nine (299) feat, mors or Less, in varying by land now or for of Israel Carlton to a turn in the wall; nd thence _ turnin and running in a Southerly direction, three hundred ame � 9 g as the wall runs by lend now or formerly (l twenty (320) feet, more or less, ' of Rae to a cedar tree at the wall; direction, two hundred and thirty- erl thence turning and running in a Wsatheryland of the grantor to an iron r five (235) fest, more or less, by pipe; ; thence turning and running nd two in a Southerlyfdthoctrantorwtohanstake dred aat said (202) feet, more or lose, by other land o 9 Turnpike Street;' in a Northwesterly direction thence turning and running by said Turnpike et eight hundred and fifteen .(815) feet, more or less, to a wall Street, e 9 at the point begun at. z_ Said par containing eight (8) acres more or lase and designated as p "Preliminary Plan of Land as surveyed for Lot 2 in a plan entitled, Mass. , Scale 1"=40rr, Sept, 1967; F.C. Harold A. Whipple, No. Andover, Mass. Golinos, Civil Engineer, No. Andover, grantor dated Reference to titles Beed of William Rehietr _ °fuDeeds � ° T anuarwoe y 12, 194 , recorded North E g _....� r - Book 680, Page 504. -s�e�r'4o��+►wE�+'� �� �J'aauL h�a� ,.��.c��a.�u�tctwest:,.tkterr�u 04-04-05 09:1 Zan Frac- 7U�LN i K S77, "t T-617 P.002/002 f-531 I RECEIVED Dws MALm c ' IAPB - ;_wL.3 �DAGOSTINF PC. ATTOKN F f.S AT 1, AW NORTH XNPO M:ci•.i-�- Howard P.Speicher ' RECEIVED C.Michact Maim April;4,200s APR.5 —2005 V/Mbm E.Griffin,if, John G•iermo NORTH ANDOUER Gary S. atsko VIA IFACSIMI LE 975-68&9542 PLANNING DE4A.TME" John T.Myna► Mary;Ippolito Carol R Cohen Offer of the Planning Department Howrara P.Speicher •400 Osgood Street Paul L.Feldman North Andover,MA 01845 Gary M.Feldman George A.Hewett Re: !Old Salem Village Definitive Subdivision Plan Laurence M.Joh i Kenneth J.Mieklawlcr Dear;Mary: Thoma.S:Fitzaaick b Gavin CnckAtw We understand that the Planning Board'will need additional time to review the NvW Fay above-referenced subdivision plan. As a result of our discussions,in which we Wlitnon E.Ntmi%M agreed that it is advisable to extend the time within which the PIanning Board Andrew D.Mycn may consider the above-referenced pending application,please be advised that Robert i.u,,,A the ' licatnt and owners for the application for definitive subdivision approval Jahn D.Chatal+ a for'.;e plan known as"Old Salem Village',hereby consent to an extension Te�ai di thrS gi Mary 13,2006,thereby allowing the Planning Board to act through that Morj�u+u suiaman datwith there beingpossiibility of a constructive approval through that sa> e.Moeknwi¢ Charts H.DeSevae dater Ketmeth K Appleby Pled cal)me if you have any questions. Robert J.Dicttrich Amy L Fmcassim Very truly yob, Ann M.S&dcwsld Alice A.Kokodis. /40 Kathryn,C Sodathatq Joshua 5.Ormstean Howard P.Speicher Meat J.Bingham David M.CoitHano Mhwb Seth A.Schwan: Lei A Jodoin j Sophic�C,Mi�gliar� cc: ! Beinjamin C.Osgood,Sr. Harold R Davis, • ofCou�tscl )than•J,D'Agosd►u, of Conned ' dlrtaCt 617-364-3829 dtrat fru 617-309=3129 email hWticlw@diristrnlm.com • Celeb�a�•ing �� Years .• C+Nk�x�;���,aAt:ec�mN.Mn.oZ1a1 360063 atin 617.307.2500 . fax 617.523.6215 wwwaviamalm . corn Town of North Andover Town Clerk Time Stamp oa oM * Community Development and Services Division +� ;rp a Office of the Zoning Board of Appeals `;`(;w ?F ;03"-I A sA{ r�rs Nuf"ty 400 Osgood Street ssgcs .i North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 �� R, A n. Building Commissioner Fax (978)688-9542 - 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 12'h of July,2005 at 7:30 PM to all parties interested in the appeal of Key Lime, Inc.,60 Beechwood Drive,North Andover, for premises at: Turnpike Street, Map 10711,Parcels 16 +& 73,North Andover requesting a dimensional Variance from Section 8, Paragraph 8.5.6.0 (distance between structures),Table 2,footnote 1 (setback from Route 114), and Table 2 (one unit per acre)for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings. Said premises affected are properties with frontage on the Northeast side of Turnpike Street within the VR zoning district. Plans are available for review at the office of the Building Department,400 Osgood Street,North Andover,MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on June 27&July 5,2005. Legalnotice 2005-017. M 107B, P 16&73. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 TOWN OF NORTH ANDOVER VARiANCE ZONING BOARD OF APPEALS Procedure & Requirements ��� '`�'' 1 LX For an Application for a Variance 1076 i '7' /u/` 7�3 Ten(10)copies of the following information must STEP 6:JCHEDUU Q OF H RiNG AND be submitted thirty U days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an aeon as notice for mailing to the parties in interest(abutters)and incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party In interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them.Mems that STEP 7:DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPERIPARTY IN INTEREST FEE: STEP 1:ADMINISTRATOR PERMIT DENIAL: of Zom�of mal notice from the Office Zoning Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for puMication. a Permit Denial form completed by the Building Commissioner. STEP 6: 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 petitioner,the Board shall decide on the matter by using completed. . the information it has otherwise received. Stop 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 item 10 page 4 of this form. set to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws tin.40A sec. 17,within twenty(20)days Petitioner submits one (1)original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Strip 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary the decision and any accompanying plans at the Essex County North Registry of Deeds,Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts,and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information,the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest(abutters). IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978.688-9501 Town Clerk's Office 978-688-9545 Building Department -= �t W/ FE > �. > '.f, Jia 1 5 2005 cri 9 , b Page 2 of 4 k Application for a VARIANCE Zoning Board�of Appeals 1. Petitioner: Name, address and telephone number: Rev Time, Inc. 60 Beechwood Drive, North Andover, MA 01845 978-683-3163 'The petitioner 9W be entered on the legal notice wo the decision as wftW above 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Harold and Beverly Whipple,_ 123 Winchester Drive, Monroe, NH 03771 L.A.M. Realty Trust, 89 Main Street, North Andover,_ MA 01845 Years Owned Land: ant 4 yAar.G—r&:ectively 3. Location of Property: a. Street: Turnpike street Zoning District village Residential b. Assessors: Map numberl07B Lot Number. 16 and 73 c. Registry of Deeds: Book Number Ing Page Number. _47 Book 1822 Page 132 4. Zoning Sections under which the petition for the Variance is made. 8. 5.6.c distance between structures 50 feet Table 2, footnote 1 setback from Route 114 100 feet Table 2 one unit per acre 'Refer to the Permit tenial and Zoning By-Lsw Pian Review as supplied by#*Buidng Commissioner 5. Describe the Variance request ReqUest -s-eeks distance of .lesg than 0 feet e n iii n s- 2 units per acre; and setback from Route 114 of less than 100 feet. See attached. 'The above desalptton sf►all be used for the purpose of dw legs1 notice and decision. A am detalled description is required pursuant to the Zoning Board Rules and Regulations as cued on page 4 of this applkallow Fall re by the applicant to clearly describe the request may result in a decision that does not address the Intend of lire applicant, The decision will be Yrnited to the request by the appNt w and will not involve additional items nwt included above. 6a, Difference from Zoning By-Law requirements: indicate the dimef sions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a hot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear A.HIA N/A MIA % NIA X31.8... -U—ft. MIA -N.4A N/A _ 8. NA NA NA 96 NA N/A N/A N/A NA NA Page 3 of 4 Application fora VARIANCE Zoning Board of Appeals 6. b. Existing Lot: LotArea O S w pen pace Percent Lot Frontage ge Parka Minimum Lot set Back" sq. Ft. Sq. Ft. Coverage feet Spaces Front Side A Side B Rear N/A N/A _ .N/A % N/A N/A vacant N A NIA N/A C. Proposed Lot(S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear - N/A - N/A N/A % NIA N/A 60 N/A N/A N,LA N/A N/A N/A % N/A N/A N/A N/A N/A N/A d. Required Lot: (As required by Zoning ey-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft Coverage Feet Spaces Front Side A Side 6 Riot .N/A NIA N/A % _._11T1A__ _.H.L& 100 N/A 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building' site is .yanant.. 'Reference Uses from the Zoning ey-1.aw.—Stft mriw—of routs in tuikGng. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building" 37 site plan dwellings as shown on submittal site plan `Reference Uses from the Zoning ByaLaw.State number of units In bulk". 8. Petitioner and Landowner signature(s): Every applicebw for a variance shag be meds on fft tam which is the oto tam of the Zoning board of Appeals. Every applicafica shelf be flied with the Town Clerk's Office. tt Streit be the re MAbility of the petitioner fa furnish al Suppolling doetrrrerrtatim with#ft Wkstion. The dated copy of this applicatan received by the Town Ciertr or the Zoning Soo o(Appeals does not absolveft appgc ffam9ftreepwsibilky. The petitioner shag be responsible for all ePenses for filing and legal ratiliicatim. Fall re to a ptyr with ag li-11on reqaremers,as cited trerein and in the Zoning Board Rules and Regulations may result kr a dismisaal by of trio inoornpte6e. Sionature Type above name(s) here See attachments by property owners. Key Lime, Inc. Petition for Variance "Old Salem Village" Turnpike Street, North Andover, Massachusetts The applicant,Key Lime,Inc.,has applied for dimensional variances in connection with its proposed site plan development for construction of thirty-seven dwelling units in nineteen buildings. The subject property is a 17.9 acre vacant parcel of land. The property is located in a Village Residential('W)residential zoning district,in which the proposed use for multi-fancily development as proposed is allowed as a matter of right The proposed thirty-seven dwelling unit plan is a modification of an earlier fifty-six unit plan that was submitted to the Planning Board. The applicant submitted that the proposed fifty- six unit plan was allowed as a matter of right,with no variances needed for approval. The applicant submitted to the Planning Board that only site plan review pursuant to Secdtion 8.3 of the Zoning Bylaw was required for approval of the fifty-six unit plan. The Planning Board, disagreeing with the applicant,disapproved the fifty-six unit plan and the applicant appealed to Land Court,where the matter is pending. During the pendency of the appeal to Land Court,the applicant and the Planning Board agreed to a remand from the Land Court in order to enable the Planning Board to consider approval of a compromise plan reducing the proposed density on the property from fifty-six units to thirty-seven units. The Land Court approved an order of remand, and the Planning Board is accordingly presently considering approval of the thirty-seven unit Pte• Although the thirty-seven unit plan provides for a less dense development,in order to achieve the lower density,the buildings,which have been reduced from the previous five and four units per building to lower densities of one and two units per building,must be placed closer together. In order to accomplish this lower density of units in smaller buildings,the buildings can no longer be sited with the required setback of fifty feet between buildings and 100 feet from Route 114. The buildings have been sited in the new plan with a minimum of twenty feet between buildings,and one unit has been located with its rear comer approximately sixty feet from Route 114,and only two units are within 100 feet of Route 114. Additionally,although the development remains a multi-family development,with 37 units on one lot,to be developed and managed as a condominium,the applicant also requests a variance from the provision of Table 2 limiting non-multi-family development to one unit per acre,with a proposed density of two units per acre. This is a conservative request to address any possible argument that the use of single- family and duplex units as part of the site plan would invoke this provision. The dimensional variances requested are the minimum variances that are required to accomplish the shared goal of the applicant and the Planning Board of reducing the density of the proposed development while increasing the quality of the development by providing for a housing type that better meets the needs of the community. Based on the above,and on the submitted plans,the applicant requests that the Board find Key Lime,Inc. Turnpike Street June 15, 2005 Page 2 that the standards set forth in Section 10.4 of the Bylaw for the granting of the requested variances have been met as follows: 1. Conditions and circumstances are unique to the applicant's lot,structure or building and do not apply to the neighboring lands,structures or buildings in the same district. In particular,the location of the property in the Village Residential district and on Route 114 combine to create the unique circumstance that the property could be developed as a matter of right for a much greater number of dwelling units,but requires dimensional variances in order to reduce the density of the development 2. Strict application of the provisions of the Ordinance would deprive the applicant of the reasonable use of the property in a manner equivalent to the use permitted to be made by other owners in the same district,or the use that could be made by the applicant as a matter of right should the applicant have chosen to go forward with the as of right development of a greatest number of units. 3. The unique conditions and circumstances,described above,including without limitation the need for variances to develop the property for fewer units than would otherwise be permitted,justify the granting of the requested variances. 4. Relief,if approved,will not cause substantial detriment to the public good or impair the purposes and intent of the Bylaw. To the contrary,the relief sought will enable the property to be used in a manner that will make the property more conforming to the public good and more in keeping with the purposes and intent of the Bylaw,in that the property will be used for residential purposes in a manner less dense than could otherwise be the case without the granting of the requested variances. For the reasons stated above,and additional reasons that will be presented at the hearing, the applicant respectfully requests that the Board grant the requested)relief. Key Lime,Inc,Inc. By its attorney, Howard P. DAVIS,MAIM&D'AGOSTINE,P.C. One Boston Place Boston,MA 02108 Dated: June 15,2005 (617)367-2500 370467v.1 DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 June 14, 2005 Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 RE: Vacant Land—Turnpike Street, Route 114 Map 107B, Lots 16 and 73 North Andover, MA Dear Members of the Zoning Board of Appeals: I hereby authorize Key Lime, Inc. to file a variance with the Zoning Board of Appeals on the above property which I own. Very truly yours, 7 Lois A. McSw eney, Trustee L.A.M. Realty Trust 89 Main Street North Andover, MA 01845 DJS/lmt DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 June 14, 2005 Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 RE: Vacant Land—Turnpike Street, Route 114 Map 107B, Lots 16 and 73 North Andover, MA Dear Members of the Zoning Board of Appeals: We hereby authorize Key Lime, Inc. to file a variance with the Zoning Board of Appeals on the above property which we own. Very truly yours, ;. Harold and Beverly Whipple 123 Winchester Drive Monroe,NH 03771 DJS/lmt 9a0yr Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGI-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 fist,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 107.13 16 Thomas Ventura 455 Main Street North Andover,MA 01845 107.13 73 Harold Whilpple 123 Winchester Drive Monroe,NH 03771 Abutters Properties Map Parcel Name Address 107.13 4 Benjamin Farnum Trustee 397 Farnum Street North Andover,MA 01845 107.13 5 H M Zolot,D Bardwell&P Narath 59 Sunset Rock Road North Andover,MA 01845 107.13 9 Ernest Gauthier 1537 Turnpike Street North Andover,MA 01845 107.13 11 Wayne Marceau 1555 Turnpike Street North Andover,MA 01845 107.13 15 Kenneth Thornton 7 Sullivan Street North Andover,MA 01845 107.13 17 GP&C 1620 Turnpike Street North Andover,MA 01845 107.13 24 Commonwealth of Massachusetts 100 Cambridge Street Boston,MA 02202 107.6 56 A L Prime Energy Consultants,INC Lowell Street Wakefield,MA 01880 107.13 65 Thomas Hughes 1020 Riverside Drive Methuen,MA 01844 107.6 68 Alex Kiesel PO Box 1894 Andover,MA 01810 107.13 74 John Farnum 426 Farnum Street North Andover,MA 01845 107.6 84 Thomas Sciuto 1650 Turnpike Street North Andover,MA 01845 107.13 91 John Farnum 426 Farnum Street North Andover,MA 01845 107.13 92 John Farnum 426 Farnum Street North Andover,MA 01845 107.13 93 John Farnum 426 Farnum Street North Andover,MA 01845 107.13 97 David Iseler 15 Sullivan Street North Andover,MA 01845 107.B 98 Timoth Jacques 23 Sullivan Street North Andover,MA 01845 107.13 99 Stephen Delmarco 33 Sullivan Street North Andover,MA 01845 107.1 100 Kiran Kale 37 Sullivan Street North Andover,MA 01845 107.13 152 Anthony Agudelo 33 East Pasture Circle North Andover,MA 01845 Page 1 of 1 This certifies that the names apftanng on the records of the Assesso Of ve as of Certified b Date �11 - b PAGE 4 OF 4 VARIANCE r ' mt IN 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in data d facts retied upon. When requesting a variance from the nxwirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law d dinian Tonal fequaenlw* A. Site Orientation shall include: shall be dearly identified and factually supported and ad*osft 1. North point each of the felloWng points individuolly Is tequinul WIM tins 2. zoning district(s) application. 3. names of streets 4. wetlands to be shown on plan(if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius B. The circumstances relating to soil conditions,shape or 6. location of buildings on adjacent properties within topography of such land or structures especially W from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not.affect generally the zoning duct in B. Legend b Graphic Aids: which the property is located. i. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, Z. Existing features to be removed in dashed lines financial or otherwise,which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addressestphone numbers of the D. Facts relied upon to support a finding that relief sought applicant,owner of record,and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that reief sought 100. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils,and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building pians shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use.Elevation plans for minor Projects including decks,sheds.&garages shall be 10. Plan of Land Included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals Shan be which includes a ground level elevation. accompanied by the following described pian. -Plans must 11.APPLICATION FLUNG FEES be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. corbfied_mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A.Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch.40A, spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c)2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant Is to supply one(1)sort of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks(`). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10)copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in b) Pian prepared by a Registered Professional Engineer one(1)year if not exercised and a new petition must and/or Land Surveyor,with a block for five(5)ZBA be submitted• signatures and date indicated on mylar. a t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1337 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Key-Lime, Inc. use the return a. First Name b.Last Name c.Company key. 60 Beechwood Drive d. Mailing Address /eb North Andover MA. 01845 e.City/Town f.State g.Zip Code 4. Property Owner if different from applicant): Harold& Beverly Whipple a. First Name b. Last Name c.Company 123 Winchester Drive d. Mailing Address Monroe NH. e.City/Town f. State g.Zip Code 5, Project Location: Old Salem Village (Salem/Turnpike-Rte 114) North Andover a. Street Address b.City/Town Map 1078 lots 16 &73 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) c. Book d.Page 7. Dates: 9/13/05 -j ' Y/,-), Lo L (til a. Date Notice of Intent Filed b.Date Pu lic He rin Closed— c.Date f Is ante s. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Index Plan sheets 1 thru 19 a. Plan Title Hayes Engineering, Inc. Peter J. Ogren, P. E. h Prepared By c.Signed and Stamped by __� 1" =60' & 1" =40' d. FindlRe isionJ Date e.Scale f.Additional Plan or Document Title g.Date s. Total WPA Fee Paid: $ 17,975.00 $ 5, 237.50 $ 12, 737.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.311105 Page 1 of 9 ■ LIST OF OWNERS OLD SALEM VILLAGE NORTH ANDOVER, MASSACHUSETTS September 1, 2005 LOCUS MAP Lot Location Owner Reference r 107.6 16 Rt. 114 L.A.M. Realty Trust Doc. #3390 89 Main Street North Andover, MA 01845 107.6 13 Rt. 114 Harold & BeverlyWhipple pp 7127/556 123 Winchester Drive ■ Monroe, NH f � ■ I ■ ■ r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1337 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. Z Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank - - a.linear feet b.linear feet c.linear feet d.linear feet a. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.311105 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1337 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet^ b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 10. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b:square feet c.c/y nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.cly nourishmt. d.cly nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt - Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b:square feet c.square feet d.square feet 1s. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean,and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.311105 Page 3 of 9 r LLMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands SEP File Number: WPA Form 5 - Order of Conditions 242-1337 _ ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shalt also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 242-1337 wpaform5 doc• rev,311105 Page 4 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1337 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been'approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1337 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more C. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional See attached conditions, select box to attach a text document wpaform5.doc• rev.311105 Page 6 of 9 DEP FILE 4 242 - 1337 Therefore, the North Andover Conservation Commission(hereafter the"NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19.This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further., work shall be halted on the site if the NACC,agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20.This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by- laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Reguhztions). C:\Winword\OOC\OldSalemVillage.doe I NACC 1/18/2006 DEP FILE #242 - 1337 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No. 242-1337. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: the construction of thirty-seven(37) multi-family and single-family townhouses with associated roadways, driveways,utility installation (including an off-site sewer line along Route 114 designated to service the development), grading and stormwater management structures within the buffer zone to several Bordering Vegetated Wetlands and a local jurisdictional Isolated Vegetated Wetland. Of the thirty-seven units,twenty-six (26) are jurisdictional (units 1,2,4, 7,8,9,10, 11,12,13,14,18,19,24,25,26, ;7, 28,29,30,31, 32,34, 35,36, &37). 29.The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Key-Lime,Inc. (Applicant) 60 Beachwood Drive North Andover, MA 01845 Dated September 2005 Site Plans prepared by: Hayes Engineering, Inc. 603 Salem Street Wakefield, MA 01880 Entitled "Old Salem Village" dated 10/4/04,revised through 12,/21/05,consisting of sheets 1-22. Stamped & Signed by Peter Ogren,P.L.S. C:`,Winword\00('\OIdSalemVillage.doc 2 NACU 1718/2006 DEP FILE #242 - 1337 Drainage Report prepared by: Hayes Engineering, Inc. 603 Salem Street Wakefield, MA 01880 Entitled "Drainage Study" dated August 27,2004; Revised June 6,2005. Operation & Maintenance Plan prepared by: Hayes Engineering, Inc. (included in the NOI) dated August 27,2004, Revised September 1, 2005. Other Record Plans & Documents: Letter from New England Engineering dated October 6,2005; Stromwater Management Review Letter prepared by Eggleston Environmental dated October 12, 2005; Stormwater Management Review Response Letter prepared by Hayes Engineering,Inc. dated November 10,2005; Proposed Watershed Plan prepared by hayes Engineering,Inc. dated July 6,2004;revised June 7,2005; Existing Watershed Plan prepared by Hayes Engineering, Inc. dated July 6, 2004;revised November 7,2005; Stromwater Management Review Letter prepared by Eggleston Environmental dated November 16,2005; Stormwater Management Review Response Letter prepared by Hayes Engineering,Inc. dated November 16,2005; Stromwater Management Review Letter prepared by Eggleston Environmental dated December 13, 2005.: 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetlands (BVW's) and an Isolated Vegetated Wetland (IVW). These resource areas are significant to the interests of the Act and C':`,N'hmord\OUC1,01dSalemVilhage.doc 3 NACC 1/18'2006 DEP FILE #242 - 1337 Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. An additional IVW of less than 1,000 s.f. (approx. 641 s.f.)was identified on the site and is noted on the approved plan referenced herein,but was confirmed to be a non-jurisdictional wetland resource area and is therefore not subject to protection under the Act or the North Andover Wetlands Protection Bylaw. It is also important to note that a small area of BLSF (elevation unknown) is shown on the approved plan referenced herein,but is limited to within the BVW boundary at the western/southwestern corner of the site and has no impact on the approved project. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein except for wetland flags WG-11 &12,WG-25 through WG43,WF#EP1-1 through WF#EPI-22 (to the southwest of the site and parallel and down gradient to that section of Turnpike Street),WF #EP1-1 &WF #EP1-2 (to the south/southeast of the site and parallel and down gradient to Turnpike Street),WF#EP1-36 through WF #EP1-39 (to the northeast of the site and parallel and down gradient to Towne Street). Excluded wetland flags were noted in this manner as two of the same wetland series were identified on the final approved plan. 32. The NACC finds that the intensive use of the upland areas.and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except in those locations as depicted on the approved plan referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of thePjroect and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in C:AWimNord\ooC\oldSal emVillage.doc 4 NACC 1/18/2006 r 1 DEP FILE # 242 - 1337 the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 36. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the . Department or Court have been completed. 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP,File Number 242-1337." 39. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts.If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for C:AWimv,ord\Ooc\o idSalemviIlage.doe 5 NACC 1/18/2006 DEP FILE # 242 - 1337 review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41. Prior to any work commencing on site,the applicant shall submit to the NACC for approval, a detailed construction sequence, including a dated timetable of construction, the construction of compensation and retention areas,installation of sedimentation/erosion control devices,roadway infrastructure,phasing associated with the development and the construction of the associated stormwater management structures. This timetable must continue to be updated throughout the project. 42. Prior to any work commencing on site,a revised.0 &M plan shall be submitted to the Conservation Department for review and approval. The revised O &M plan shall adequately address and incorporate items#7,8,&9 as referenced in the Eggleston Environmental drainage review letter dated November 16,2005. Upon review and approval of this O &M plan,the revised document shall be recorded at the registry of deeds with the Order of Conditions. Proof of recording .,Tk l ba- submitted ysubmitted to the Conservation Department. 43. Prior to the work associated with each jurisdictional unit, a 20' scale plan shall be submitted to the Conservation Department for review. The 20' scale plan can be submitted during the pre-construction meeting for that unit. 44. Prior to the work associated with the installation of the sewer line,the applicant shall submit in writing to the Conservation Department specifications on the amount of trench that will be open at any one time (i.e - during each day) for review and approval. Upon receipt and review of this document,the Conservation Department shall determine if the specified amount of open trench allowable at one time is acceptable and reserves the right to limit the specified amount of open trench. 45. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly laced and wetland impacts can be monitored. The proposed limit of work shall be p p p p shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of C:AWimNord\OOC\OldSalemVillage.doc 6 NACC I/18/2006 DEP FILE # 111 - 1337 machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 46. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the,NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 50 hay bales and sufficient stakes for staking these bales (or art equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $55,000, which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 49. Prior to the commencement of any work on lots at units 7,8,10,11,12, 13,19, 29, 30,31, 32, 35, 36, the corners of the dwelling foundations (and decks on units 10, 11,12, 29, 30,31, 32, & 36) shall be staked in the field by a Registered Land Surveyor (R.L.S.). Measurements shall be taken and verified by the Conservation Department during the Pre-Construction meeting. C:AWimeorcl(,OOC\OldSalemVillage.doc 7 NACC 1/18/2006 DEP FILE 4 242 - 1337 50. The applicant shall be responsible for placing signs on each jurisdictional unit designating the applicable unit number as depicted on the plans approved and referenced herein. 51. The applicant shall designate a Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted,due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes.The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 52. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occurs on-site and for as long thereafter as ground remains unstable, it is the applicant's responsibility that the Environmental/ Erosion Control Monitor(EMC) monitor the site and submit written reports to the NACC. The EMC shall certify that,to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EMC must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning. as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The reports shall also include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and / or replacement;and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports. This request must be submitted in writing and is subject to approval by the Conservation Administrator. 53. The applicant and/or the legal owner of that portion of land upon which these vide to the NACC prior to Orders of Conditions have been placed shall pro p transferring, or assigning any portion of said land to another party,subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said of Conditions and is in compliance II applicant and/or owner has read these Orders P with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days after to the closing of said land transaction. CAW in\fiord\vOC\01dSalernVillage.doc 8 NACC 1/18/2006 DEP FILE # 242 - 1337 54. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor,the engineer,wetland scientist and the applicant for each jurisdictional unit as referenced herein and the associated sewer line installation (a separate pre-construction meeting shall be held for every jurisdictional unit and for the sewer work) to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired-to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice for each pre-construction meeting(e.g. 72 hours). E RMWATER MANAGEMENT CONDITIONS 55. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents and plans submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 56. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer.The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted until a Certificate of Compliance is issued. Compliance with the designed stormwater management system and associated stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 57. All drainage structures shall be properly installed and functional. During construction, all drainage structures shall be maintained, as outlined in the approved Operation and Maintenance Plan. 58. Construction of the stormwater structures shall be constructed and functioning as part of the initial project phase, immediately following clearing and rough grading of � n truction. Runoff from the site shall be site to serve as siltation control during s the g co directed towards the basin. C:\Wintiord,Oo ('\OldSalemVillage.doe 9 NACC 1/18/2006 DEP FILE #242 - 1337 59. The approved stormwater structures shall be designed& constructed in accordance with the approved plans referenced herein. 60. Temporary and/or permanent basins being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6) inches. The basins shall be cleaned of sediment prior to final grading and construction of permanent stormwater basins. 61. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 62. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 63. Stormwater runoff shall be directed to the cultec infiltrators to provide groundwater recharge, as shown on the approved plans referenced herein. 64. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures,in accordance with the approved Operation &Maintenance Procedures Plan and the associated stormwater management conditions referenced herein. 65. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas,and shall maintain the integrity of vegetative cover on the site. SUBDIVISION LOT DEVELOPMENT 66. The NACC shall be notified in writing of any lot line or unit number changes with a copy of a plan showing these changes prior to any work on these lots/units. IF-P—URING CONSTRUCTION C:1Winwordl0(X'\OldSalemViNage.doc 10 NACC 1/18/2006 DEP FILE # 242 - 1337 67. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 68. A crushed stone construction entrance shall be designated at the entrance drive (Old Salem Village Drive) to minimize soil/material tracking in accordance with the approved standards and specifications. This entrance shall be maintained and reinforced as necessary. 69. Prior to the construction and installation of the proposed Cultec infiltration units, soil testing shall be conducted in these locations to ensure and verify infiltration capacity and to ensure that the fill material used will have similar or better infiltration capacity. Results of the soil testing and supporting verification for each unit shall be submitted to the Conservation Department for review and approval 70. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 71. IMPORTANT: Immediately upon completion of the dwelling foundations for each jurisdictional unit as referenced herein and prior to further construction activities associated with the site,the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 72. During construction of the forebay and the pocket wetland,field verification of the available storage capacity (i.e.verification of groundwater elevations) shall be documented and confirmed by the erosion control monitor and submitted to the Conservation Department in writing for review. 73. Upon beginning work,the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 74. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. C:AWinword\OOC10idsatemv,illage.doc 11 NACC 1/18/2006 DEP PILE #242 - 1337 75. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 76, Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be installed at any catch basins within 100 feet of the work specific to the off-site sewer installation. 77.The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 78.Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while dewatering is occurring. De-watering activities shall be conducted as shown on the approved plans and shall be monitored.daily by the erosion control monitor to ensure that sediment Jaden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 79. The roadways shall be swept at least once per week or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager,or the Conservation staff for as long as the site remains exposed and unstabilized. 80. The permanent fieldstone/barrier walls and fencing shall be constructed/installed upslope of the 25' No Disturbance Zone as shown on the approved plan referenced herein. 81.Any fill used in connection with this project shall be clean fill,containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 82. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. C:AVdimvord\OOC\OldSalemVillage.doc 12 NACC 1/18/2006 DEP FILE #242 - 1337 83. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 84. Equipment shall not be staged overnight within 50-feet of a wetland resource area. 85. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 86. Washings from concrete trucks,or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 87. All waste generated by, or associated with, the construction activity shall be contained within the construction area,and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off- site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the.Act or local Bylaw. 88. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling,equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 89. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 90. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen o types (< 5/o), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. C:AW invord\00C\OIdSalernV iIhige.doe 13 NACC. 1/18/2006 w DEP FILE #242 - 1337 91. The approved Operation & Maintenance Plan is fully binding upon the applicant, and or owners, successors, agents,associations, heirs and assigns and must be adhered to in perpetuity. The North Andover Conservation Commission must be notified in writing upon the creation of an Association or any other assignee responsible for the perpetual implementation of the Operation & Maintenance Plan. 92. Prior to the issuance of the Certificate of Compliance,the applicant shall submit to the Conservation Department an Affidavit from the Homeowners Association or other assignee (if applicable)acknowledging the Operation& Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation &Maintenance Plan referenced and attached herein. 93. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces within the buffer zone, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. Permanent signs designating "No-Salt Zone" and "No-Snow Stockpiling Zones" shall be displayed in prominent locations as depicted on the approved plan referenced herein. Additional signs may be assigned in other locations as directed by the Conservation Administrator if necessary. The location and placement of these signs are subject to review and subsequent approval by the NACC or Agent thereof. Signs are available for purchase at the Conservation Department for a fee. Additional snow management procedures and snow storage/removal operations shall be addressed in the approved Operation &Maintenance Plan. 94. After completion of work, the applicant shall permanently mark the edge of the "25' No-Disturbance Zone"with forty-eight(48) signs or markers spaced evenly every 40 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 95. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 96. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 97. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: C:\Winvvord\OOC\OldSalemVillage.doc 14 NACC 1/18/2006 DEP FILE # 242 - 1337 a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate.of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. r "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone,which is regulated as a resource area under the local Wetland Protection Bylaw. y Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls,pools,retaining walls, subsurface utilities and decks. r- A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. IIS Y Location of all subsurface utilities entering the property. C:AWinv,ord\OOC,OldSalemVillage.doc. 15 NACC 1/18/2006- DEP FILE # 242 - 1337 98. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: i- 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in g l P those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw(Condition#32); Discharge or spillage of pollutants (Condition #88); r Maintenance of catch basins (Condition#74); Maintenance of all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation,which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #65); r Prohibition of underground_fuels (Condition#89); r Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides(Conditions#90 & #93). The attached "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. C:\Winworci`.00C\OldSalemVillage.doc 16 NACC 1/18/2006 DEP FILE #242 - 1337 APPENDIX A -AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and / or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition,whichhasbeen set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20 , I inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property,which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20 (Authorized agent of applicant or owner) C:AWinwkord',OOC\OlciSaicmVillage.doe 17 NACC 1/18/2006 � r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. }� WPA Form 5 Order of Conditions 242-1337 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special conditionursuant to General Conditions#4, from the date of issuance. 1.Date of iss nce P Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, 'f not filing electronically, and the property owner, if different from applicant. Signatures: ' y Notary Acknowledgement Commonwealth of Massachusetts County of Essex North l t i 7CUA � OLS On this Day of Month Year Before me, the undersigned Notary Public, z.- personally appeared Name of Document Signer proved to me through satisfactory evidence of identification,which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town DOMR WEDGE /1�. &" '.4-k' QOPUBM M OMN TIfOF SS UMM ignature of Notary Public PrPr—inted Name of Notary Public Place notary seal and/or any stamp above My comm sio Expires(Crate) This Order is issued to the applicant as follows: by hand delivery on ❑ by certified mall,return receipt requested,on _ Date / Date wpaform5.doc• rev.3/1/05 Page 7 of 9 ' r e Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands i � WPA Form 5 - Order of Conditions 242-1337 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. Page B of 9 wpaferm5.dcc• rev.311/05 + . s Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1337 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Cons_ervation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1337 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County - _- Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on:- Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Page 9 of 9 wpaform5.doc• rev.3/1105 Jan 18 06 04: 03p NORTH ANDOVER 9786889542 p. 1 Cr% :Oro rq SPECIAL PERMIT EXTENSION _ „. CA At the regularly scheduled meeting of the Planning Board, duly posted, and held on Januar} 17, 2006 the North Andover Planning Board voted unanimously to grant the extension of 45 days issued to Old Salem Village,North Andover, for premises affected at Route 114, Old Salem Turnpike_ The extension is granted pursuant to Massachusetts General Law, Chapter 40A, Section 9, and will extend the above referenced Special Permit for 45 days and is now due to expire on March 2, 2006. { Signed and seated instrument this 17`x' 1y of January 2006. A/2 , .u � Planning Board Chairman Commonwealth of Massachusetts Essex, / 2006 Then personally appeared Chairman of the North Andover P tinning Board, and acknowledged the foregoing;instrument to be the free act and deed of the North Andover Planning Board before me. r Notary Public My Commissio Expires 9 MARY LEARY•IPPOL110 W No.1cry Public Commonwealth of Maswchusetts d My Commission Expires tune 7,2007 Post-it' Fax Note fj7671y Date y o6 pag°es► � To F Co.;Dept. Co. Phone �c�7 Phone# Fax# / -7f-(-A— J J/ Fax fZJ �sr X19 it r I mow 5, BEN✓AM/N FARNUM TRUSTEE( I (BGF TRUST) MAP 1078 LOT 4 JOHN FARNUM MAP 1078 LOT 74 TOWNE STRZET VAR/ABLE WIDTH) I PUBLIC MA NTENANCE O/SCONT/HUED 193 so I LOCUS PLAN I I �ti1g ,oa' N��l Z g1' 55 66. 4 SCAL E. 1=1500'- o �. S6y" 51 p? " BEN✓AM/N FARN�JM TRUSTEE 3 �?�. � .� I I (BGF TRUST) '1 6"E S50'29 6" E S45 , S42'S8100.0107 x`08950. MAP 107,9 LOT 4 I � N �o I W � I& ►� a, I I7 MAL PARCEL AREA 781,250 S.f.- GP&C INC v0 I I o 17.935 ACRES MAP 1078 LOT 17 I - IQ 4 I I 4s X/ I I I I II 235.00 I1471'W N �w I w H M ZOLOR, D 8AR0WEZL & P NARATH : MAP 15 5 LOT I THOMAS SC/UTO I I MAP 1078 L OT 84 I ,ohs I I N44 58471Y `�� N44 58471W I I � f 603.44 730.27 230.86 4584 13430 .SALEM TURNPIME `______ S44 58'47'E N44 58%!7'1f� N44 58 47'1f� 45.18 -�...�,..... N44 58 47'W ROUTE 114 80 WIDE- -PU8ZL I ERNEST GAUTH/ER IWE 1 KENNETH THORNTON I I I ARLENE I MAP 1078 LOT 9 \ KALE l AP 1078 MAP 1078 NS I & GARY I \ MDT 1011 LOT 15 THOMAS COW I I HUGHES I ALEX I MAP 1078 WAgIq. MARCEAU \ TIMOTHY MAP 1078 K/ESEL LOT 69 I / MAP 078 LOT 11 JACOUES LOT 65 I MAP 1078 ( / \ \ MAP 1078 \ � � LOT 68 I �. '`' \ LOT 98 ' A, DAV/D \ SV /SELER \ ANTHONY \ , MAP 1079 / AGUDELO _-_- -- --- / \ � STEPHEN LOT 97 MAP 1078 \ / ` MAP 199� LOT 152 7..--- � \ \ �� 8 � COMMONWEALTH OF T MASSACHUSETTS JOHN D. & ` ` \ I MAP 1078 L OT 24 CAM/LLE / \ ✓A008SON � OT 11518 f / OPEN SPACE TABLE TOTAL PARCEL AREA-=17.935 ACRES I ® O' 40' 80 160' 240' REOU/RED.• ZONING M&E PLAN FOR BOARD OF ARPSILS REQU/RED USABLE OPEN SPACE=M/N/MUM OF 50,E OF TOTAL PARCEL ARE4=8.968 ACRES �+� �d !, L4 GE ALLOWABLE WETLAND AREA DES/GNATED AS OPEN SPACE=AW1MUM OF 25X OF TOTAL REQUIRED USABLE OPEN SPACE=2.242 ACRES OLD ..7�`iL�Ii�/ d�®LL�°`1t9� RE U/REG PROF//DED ' ,�� F�'1 'o\� Q PROVIDE-O.' NORTH ANDOVER, MASS. Tl 781,250 S.F. 50 LOT SIZE (M/N. S.F.) NOT REWIRED OPEN SPACE (EXCLUO/NG WETLAND AREA)-9.419 ACRES , APPLICANT 978-683-3163 ENG/NEER (781-246-2800) WETLAND AREA INCLUDED /N USABLE OPEN SPACE=/ 429 ACRES KEY-L/ME, INC. HAVES ENG/NEER/NG, INC. a HE/CHT (MAX FT) 30 FT OR 2.5 STORIES COMPLIES TOTAL PROS/DED USABLE OPEN SPACE--10.848 ACRES � � ,� 60 8EECHMOW DRIVE 603 SALEM STREET LOT FRONTAGE (M//V FT) NOT REQU/RED 1,333.71 FT (10.848 ACRES = 121 ' OF TOTAL REQUIRED USABLE OPEN SPACE) � � ,. � fry NORTH ANDOVER, MA 01845 WAKEFIELD, MASS. 01680 �� SCALE- 1' = 80' OA TE- ✓UNE 15, 2005 u�a,1"�7AN" o D/STANCE BETWEEN STRUCTURES 50 FT 24 FT PARK/NG TABLE NORTH ANDOVER PLANK/NG BOARD ADPL/CAT/ON FILED ------------ Nor ___________ FLOOR AREA (MAX RAT/O) NOT APPLICABLE _ ObYNE/S�S: USE MIN/MUM REQU/RELI PROVIDED LAY. R9447Y TRUST NUMBER OF DWELL/NG UN/TS NOT REWIRED 3T UN/TS 89 UA/N SrRE£1 ---------------------- F/NAL PLAN FILED------------- MUL T/--FAMILY ,2 STANDARD SPACES/ 37 DWELLING UNITS x 2 STANDARD SPACES/DWELL/NG UNIT=74 STANDARD SPACES NORTH AN110VER, M.4. 01845 DENS/TY (MAX/ACRE) NOT REWIRED 2 UN/TS/ACRE RES/GENCE OWEL L/NG UNIT (INCLUDING 2 SPACES /N EACH UN/T GARAGE) U4P f0 8 L or9 s ----- HEARING DA TE HAROLD & &WRL Y WHIPPLE -------------- - PLAN APPROVED a OPEN SPACE SEE OPEN SPACE TABLE 123 WINCHESTER ORNE --- m MONROE,, NH. 03771 LOT COVERAGE Or) SEE OPEN SPACE TABLE TOTAL PROVIDED SPACES = 91 I S/ /�L�T Q� BOOK 1093 PAGE 47 ----------------------- PLAN SIGNED---------------- U4P 1078 Lor 73 M I Z LEGEND EX/ST/NG WETLAND - ' ' "r ' � �: � PLAN FOR BOARD Off' APPEAL OLS' r D SALE WF{EP2-3 � VILLAGE EX/STING 5POT ELEVATION x 153.37 a' �F ?� :. NORT� AwovkET EX/STING CONTOUR - -- 'Ay,� PARKING TABLE # 3 3�� • o u APPLICANT (978-683-3163 _. .____ ,,. #336{34 2 � KEY-LIME, INC. ) ENG/NEER (781-246-2800 C p V ,r� ,. USE M/N1�61Uhf REQU/RED PROI//DED `S HAYES ENGINEERING, INC `'" 60 BEECHWODD OR/VE X/ST/NG WATER LINE u ---'----�- � 603 SALEM STREET F. LS NORTH ANDOVER MA 01845 MUL TI-PANIC Y ,�• � WAKEFIELD MASS. 01880 EXISTING EDGE OF PAVEMENT - - RES/DENCE 2 5,rL/NDG D SPACES/ 37 DWELLING UN/TS� x 2 STANDARD SPACES/DWELLING UNIT--74 STANDARD SPACES ��a.,its 5 SC4LE. 1" = 40' DATE. DUNE 15, 2005 (INCL UD/NG 2 SPAC�S /N EACH UNIT GARAGE 50' NO BU/LD ZONE � . ...... . .._.,. . _,._, , ._.,, 17 VISITOR PARK/NG� SPACES SHOWN OWNERS.' NORTH ANDOVER PLANNING BOARD APDL/CAT/ON FILED ............ 50.88 LAY. REALTY TRUST NO DISTURBANCE ZONE --- • -- • -- • •- • ---_ TOTAL PROV/DED SO,,gCES -- 91 89 ti/A/N STREET ---------------------- fryNgL RI-4N FILED I 100 BUFFER ZONE • -- • •--- • -- • DOCUMENT NORTH ANWVER, M,4, 01845 ------------- ,/'3390 MAP 1076 LOT 16 ______________________ HEARING DAT£ ___ 50' PROPERTY LINE OFFSET I,�, © __--____--__ l"OWNE SMUcT I HAROLD & BEI�E'RLY WH/PPtf --__-__ ________ PL4N APPROVED__ 123 WINCHESTER OR/t�£ � ^�' ____________ PROPPSED WATER L/NE MONROE, NH, 03771 • 153.37 150.09 �ARho - om) BOOK 1093 PACE 47 ---------------------- PLAN SIGNED_____ F✓ 17 / MAP 1078 LOT 73 OPOSED CONTOUR ..,..,,.„.,.� .. , .C•---.,•.i;'�.,_+•,.. (PUBL/C MAINTENANCE D/SCONT/NUED 19300 PROPOSED RETAINING WALL oo 000, �.., ® 44 80' 120.1 ((STACKED MASONRY UN/TS - /DEAL BLOCKS OR EQUALS / ,� 'e-,,. ,� ,o `� 0' 20' ' PROPOSED SEWER MANHOLE 0 t fl�' �' ' `�• ` ���` CONTROL STRUCTURE RiM=148.3 / "►� x 1".38 12" ORIFICE ® 146.0 1Qp / e. ♦ BUFF PROPOSED DRAIN MANHOLE Q .�,�._r !� "' '`�- e �`�'�► ~� `♦� � - 10" ORIF/CE � 145.0 � ,�'/P ' ` ----- • -- • • -"""' ' • zONE �_♦ � 142.5 x t 40.70 / x 136,27 PROPOSED CATCH BAS/N ® ___, . ,��/ �7� _ _ -, ,'�2 �`► \ ,� �� 2 - 1B"RCP x 136.,6 /'/ // a, ` i - - _ _ X 142.04 _ .-._ ._y .__. EE DEra X , X ,49 _ ,.-'���Mi� (S L SHEET) 44.53 00 X 149.90 7.48 �♦ '� ti� - -.. K_157.6 K O ,rr ., °"'1, X 146.0 X t 45.6 X J1% �. ROPOSED LIGHT ` 44 156.03 , +.. X _ _ '"`•,+� M .87 /.'�+ / -.. X 145,63 1 143.53 - 1� 16' `\ ```�`� �\`\ 159.08 - - X 144 x 3g 144. x 455 9 ""� " �. ,�.,,.,. l4 .8 x �R 14 144.42 4 x 09 X 143 44 51 148 23 19 .a. q CF-.1.7.1 5 �59 08ry.. / l ".e........ �e t 45.8 X 144.61 X 144.55 143.91 PROPOSED HYDRANT _._ 1_ �..�. "'`""'�. X 144.56 144.18 " _ _. TF=179.0 ♦ _ f ` a,,,.... +.. X 145.78 /` _ - ♦.,. i "` �.�.. 7♦ ♦ ._. c_-...,.; „ -- ,.. c o -•. ,,,T x 144,38 R-T1¢ ,.,PROPOSED 4 SEWER FORCE Al,4/N TO RTE x/14 �F=178_G �?< 16 ` `. Q. ® - ♦ ` r•...�. --ft'- . X 145.76 S S s c-�,-S S S _ 6 A 1 4.29 162.17 _ _ . .._. ` '� �► .....,,r + 72.1 - / X 17 . 4 \ `,� \ �OpOS 4.04 / r *... _ .1_ _g� , �".�s.,,�;,,,„�o'°'�'+t_,4^. "+►��"`°°*�wo x 14 `'�C"ia�'�X 143.63 __ .- PROPOSED WATER GATE -- ��- - o X 1,72 - - .._ \ 1 ` \ X 58. E`C, �` - ._\ I g6 �'`�.'`s;`'"°`.`` ,..:..��,"'.,., . ,,,�,��••.,�� 144.2 t f - - ` e y� !0 / '� i_ _ -~ _` -l "`. ' ' e`yti, e� ,,+ . ..r �r,,�.,w r.142.58 143.88' 1 45.04 43.88 1< t� C �. -- _ 4`�! \ ♦, ` 'e► . .._144. 145.53145.5 4_"i r I w ,,,, <`� �i l e i 166 .o3 `� •.. 192 ... i 48 0 „�� 145.2a PROPOSED SLOPED GRANITE CURB SGC -_ �' 7o sF0 20 t X s5. _ / O .a✓ 2� \ G' `,.� - X168.29 1` 144 46 43496 1 �..•.� q 17•r � ' X 5.,09 \`\ `` ,� ' � ,, \ vun _ -- -sv `.35, `�.--- � ®��\�► ♦♦ T., �(�J\ "'",�.1� .- ""'a.o...,, oo ° --•�:.�.._ ......_. _ ..---^ 154 � 58. x { r 155 23 t ` � , 33 x - �. �, �0 ♦ O/? OF BERM=`148 0 -I PROPOSED S/CTAT/ON FENCE & HAYBALE ' - - 1 �� ,X6.49 X t 63. X ������` 4i- J7 M OF BERM=141. ��16 � g V ♦ 53. Q -� s F 8S ` i \ i' l 25 .., � 0��3� � .� 0r`_ ._. � Wf_' EPI-.334-- __ \ F i 1 4 8 J 160.93 65. �F-� 0 CF: ♦ 153.82 X' 152.40 x 1 2g ' 41.86x 14 1 ,41,57 `.._ _.. . - ., p , x 158 4 __ 16�' X52.5\ 26 ♦ O ♦ '1 ♦�`♦ -- - NOTE•• PROPOSED SEWER IS 8" PVC UNI ESS OTHERWISE NOTED .__ C> $ _ �' x 1 s. 7 / 1)s I' ` •,___'�` ♦ x �F= �5g,0 TFC 16Q o .� 1; �� X j I --... r X , a, �i ,�,� ', ♦�. 21 _ ._. tsz.o9 �` f ,/ ,�/ \ GF- GF-15 : ♦ `� ♦♦ '0r` i ' , WIDE .,F.+,r��3' 6 '. ._ ' ,� / ♦ - 9.5 x ass.5s -� ERGE CY SPILLWAY 0147.5 \ 177 91 ... ,( X 4".63 _ �5 5 61✓/' �. ` ` i♦ ♦` r --_ � ; r E Y F `,��; �A;O MIC SPILLWAY �-5- ♦` .__ 62 � a..,. x CF'�Sg.A '1 � . ,, " l ,Q � � ® ELEV�14 O / 78. i " • i x .� ta3.48 - __ s y %i ` � 1�3�3 ', ,o� ce�� 9s '1sp , 24 F��1r�g4s .32 J ACES 27, oops O�♦♦ %- ¢ / _ O T 2 SP t \ \ \ � B I / �� 1. ,/ )l 4 1.1 1 WF,y�EP1 ;2 _,_.. -` \ `S 4 4� ` �ti ♦ `� g2 / / x 143. 17 s f 01 a , �,I N ! .X 1• ::: �i 1 15X.23 / !S ♦ ®s` 1�1a. 1 j / 38 L!M 183.3 O a • A �� t ', x �`' S9 4� 23 �� s '�i !T OF ,61,W 78.14 h S 16 .7 , I CF=15 ,�s�2 > 1s8� / ♦ .. - '\ GF 159 -r >c,t ss. i� ♦s. 1 a - ] 45 459,83 � ./ � �:RO�C� a.. 1� �/ ' y165. ' 16 � S EPf-32A 2fa? .62 r G / ' ` 4 O� r cis - y�� .�. X140.79 x `, V 19¢:73 ` .. f f �. 7 1_7.80 y/ G'r'�plg9 A �/ 1 ro 6.0 � WF,�EPf-30 y xE � 'e. � / l � I �`\ 62.69 '` /� ..,� �,g' / s i ,�... / / a / ..•• X �t'`. `�-�"�^ i ,��s 9.i dS SS � // � � ✓� BOTTOW ®142.0 `'`x-�n.5 �p Av 16 �P '� 3.s6� \ `� / 1 ® % _ s.52rF =� '4 r. 8 // \ �.°` x ,4WF{EpI > NEw 0 x•18 4a z \ \ >-- /` .34 3.35 r �/ A I /S NOZ UNDER r ✓ ♦y �. _ 4. -29 02 � / � ., ,, 5 �, � ! � X 1�J9 = � � F jE,��5 ss � `✓UR/SO 177.02 x 183.5 _. x 9 56.30EA -THAM-1, /5631... 7 '� OUT--14 `` O T x 1572 / � 52.57 -/S-L �SF.f /NV . 144 2C� '; t / P _ 046 ,,,,... ---•• ...., - �- - 48 .0 `. ., � 76.E } r � .,. �� � .._ \15612 � 4.1 0 F 2 75 Q. -` `_- __- -__ .._ ,i�- . x �-o t ,'y, `�``-"_. `2 - BOTTOM ELEV.=145.0 .es , Ila ti • r ' '' ` '-.. `.• _ WF ., . „ 2 291 �g o _- � roP o L 17 3 O QPG ,0 �' h 69.0 I -✓ l 053OP3-�3 X 454.,5 - 153 0 X a�' !��A a 3 s Qy000l '��� ,- F$` `•;17 34 ' I t \\ \ j\ x 451.7`8 \ x t 99 5 i i 1 t 5 \ y 152. X 152.79 � 1.77 151.94' e O fy I V J • V�� x 182.51 / 1 ? - P2 3 x x145.36 y �\ x 18 r _ WF{ ?-2 WF{E ,51.90 '�' / CF 148.93 WF �\ Bl P x 435 X 1g1. _ x ,80.7 x t7�f.5bz4 �y ` ` ! ! "' XWF{EP2-4 T� j/EPt- • V 175 90 r f F{EP - s._ C,t` Ag 3 x 45.5 �1 141.20 , 1 9S y x t5 0 15 1: '0 79 y 1�2 --.w 151. SS \ . \ 15 a t� .08' 2 � -' � a ,` / J 1 WF{EP2=1 X 152.22 2 �T/� S Q ♦ i ' 8 ,� 1}�'98 \' \ \ 15 58 f 57.86 X 152.21 84.13• x 178.88 r 9 / ?� 177 6 PROPOS' `L C 3.65 �; /� ,,� '\ \ ED SMH O - _,.+� 18,.0 152.75 X _ ="X C 1 1 RIM-1 , 49,83 '. 7. 79.6 _-, 2.7 69.25 535 1 18 9 .64 � G e' 'ft � ♦ WF 325 � EP 1- F xt _ i 6' � k 4 9 � � nn V' i7 .4 5 S 3 x� g. ,r..., �: t .- 74. 6 3 X 44 �2 16 T 4.0 \ /NV 145 79 0• 6 �' 8 �, I \ �•�) •. � .0 o ,s,•,^� �!F• 7, ' � t 41.64 �1 CDc \ 6g. ° F� 15 -p 1 � � Q �� � ,43.35 ' G� _, _ \ ... �`. rs' f 8 5�� f. x,.t i. �j2 t• ' \ .- 1:1' / , S?•S _ C,� 1 G` p N c<`'`. 147. r I P 7 ,$�. S �n.zo._._ G =158.0 - 4 S 'o P R� x is - y -t, 9 a ; F X n 1 Q r \ " i � X- I � �r. !, �i � sa. 4 3 •O ED M , 1x D I : \ ,i2.s TF= 66.5 9 2 / �. ..,, x to 0 / t7 t o 6 1s! S S _ R/ l I SOS 0.0`7 \ � \ 1 F=158. ` PR 2 A7-'�t5�O �s yy ` N x �Gj• WF P1-2 _. ..._ __ I -` • • ••"1r NV=1 y, X 173:54 _.._ 174.89 / 169 6� x `� A �� T5' � � •'�. r 7:,5 " ::; & `\ 177.90 183.{4 183.27 \ } *®.as A c I . X G�� O fly/ x t8 .�` ' ti �` O 1 7 60 YF SEPI-2 , 6 i 74:3 ti { ,� 15� xpp t 18 7 is 43J, 1 . -- --=-. ♦ CI ♦ U� 26 s _ � Dc'I ;` �. `` ` � '� -�•,. r.r'i, �` -� O � 140.43 � � � � �h .� 0 1 I ` !�j x ,� , x t 4 t. � q' O 67 •,.v x '� : 2 .. / , tl` --'_'\. .,. r aro "'M.'sr1` {.L /'' ~a,.n Dawe.s++.. R� 61.4. � / , / ^' S �• r 69 - N'/� 171 / ♦1 .r o«:r,- �\I V' ! X ' h ^' ' ` lyy y \; �► .,... .. .... . .r.r•w + i PR 1. ra a...� // +� 4� 150.24 !; \, 65.16 - O x O �. �.. x )81.32 EPI-2614 Xt 170.02 ,,,,•. :,. .... ... .......wwia.+ .,.. ......,.�.- ` �*s tS� X 7 57.45 V� // / o .."'?' � .�. • ,� �S'1 �` � S 157.02 .•*et 35 i \ S w . +.r +T`n"� _, 6 _� .. � ,; � i"��h• ....... �5t �,,,,,..... --� \ Z 155.5 '"1 ♦ i ,5 '7 .� x O �` _ � \ I � t . .rs •` X 171.12 ® �. .r r ar r;.wr..r+� ..,r r E"! �,. ` EP1-41 i 00 f 62.Ci8� r^�..,x OS - Q SON .r- x " / X 141.49 /� u�L X 185.59 7 ew++++r .r+�~C� ...�«� "C',','r��r°w X`1 r� �.. .�... / 3 17 � T� _ C,� X 15 �'�-•+.�• :-""''` .O 33 x C �$, ` \ x 14C \ y • -� -. Q -P. / ` I / w+✓ - 1 .I�~ // 't ` , 1L „)74.39.. C i ..e.....C. t x -153.5 s X 1 f 3.98. (t 178.)8 07 - ,..�, ./ WF P7 .57 r.r...�....� •+�W.. / 17 ' 4,.2 f ._ =101.0 t �-. �c X 174.4 "• ISk,57 �.... x � � -25 `NEW ...+.•�'`;"+ .. ••'Y "� - °-"~ . 167 x:169's. i ,.,.."' ` '`� `\ � --}► ��. \ P SED ` 1 "'" �� ♦ /� ...,X t77. -.: 9a ` x 185,71 \ 1 D �'� GF 4•S :, jt-188:62�'� WFAFP1-27 \ Rt4/N X 1` .39 0o f` c • a' � .�• i ' - BA �� - WF EP>- ,`,, , , 1 �`, -� � g 157.15 ` ` fl/ 169.E 4 g l` �•, t NQ �f l/! X � 177. i \ '` X f 86.a8 \ �!�6b tib,,.. x ,57,27 x 3 5�^t1 '14ti �_ 8 173"6 \ \ 83 WF. ,6 .7 {EP1 9 NEW % 184. '� 68.79 ..x-t 69.22^'- X 5 ` 4 l \�x,, a•�O 56. fiCES \ x t6t.4 �4/ ` � /` _ - r' ' WF P _ WF,�FP1-29 WF EPI,`:22 ` ` 174.89 ` \. `3` 4.54 x x 80. ��%/ / WF{EPI 3I NEW j�'168.71 fE > 30 '169. 9 ` / 1 7.37 x ' t46�3 459.87 x 160 \ 3 i i X 15 ,`� 1 S x ,62.75PAP i 4 �.. 16 4 _ x d' 154. p _t X 160.5 ` WF EPl `' °`�+ % 68 24 O I ;:, , 57 / 0 4 Q 162 x 172:27 / q /{ 4 6 Z�. � '� '`- •, �•.�J' - `', J _ ` f �� \ `` ` � ...�,..e..,. 59.0 ,`�c�c O Nt S x 161.29 77-1' .,` ' /x 170.26 'X7.64 WF'' EPf ` 177.8 X, ����,// er..++ I' 163:. I p�HEPAT/CAlzj 0� + x 143.82 !i 4 163: 2 �- 11 186.28i1fl9� _� � X 161.49 / /1/ \ C` x / 59 2 0 "' ' . f WF{EP1-32 770.3 1 ,s2 s PROP. 8 CLD/.ifA--- g x 162.6 . t" 8 1885 186 44 � `` "1.!.YSRJ`""e+ �i, E o v 4�0, X 166.4 / fi % \ : ,:+ 1.90 x �.1 -� -X,172.26 `�► A\ 4 �,� 1 .8� ' J f \ x , EPl \ %` ` t t ,X .� X 161.28 i` ; x S SCC EP1 p EP1- O h� - � •,� .� i WF`•�T 2 �.`' 1 � i i � X 16 8 679 X 9 .� i �.,au..o.......,.�.�,� "y 7 w f 4 t•V �c 182.0 X 1 4. 2 � t \ � ,s1.a' ���2 , ® ..::: /� f`, OF BVW t 1 ` EXISTING BUILD/NG x 17 1_, �► i` 167.66' 0,32 l WF Ll/�/T \ t � , \ 1.7� 1.61 ♦ ! x •x 17`1.03 �`1 ' -'_ ` x 15 .83 f / {f'F 1 • `� 1 \ "�( ,67.54 ` 1 1 ` \ ` ` 1 \ \ 16 82 +-4� WF{EP1-33 \ �.t\ 74.t3� `�. \ / 156.87 ID Z 4,� 162 82 \ - - 170.54 186.24 C6 \ \._ ` . 2 x X 159,90'`jO \ x 16453 192`41 185.94 R1M= ' a K'F/EP1-154 iji�•ti� y` WF rrc� X. t WF{ 1-13 F EP1-1 ` 7 ` 18�I85� y� / 155.93 �/ x /� }'EP1-?O NEW 3 O J -: -"--;< 166.19 ....- •x• A 8 �_ .59 /NK= ♦,..� ;�n X a 1,56.98 x 0 `�` .. ) ....... ?� WF{EP1-36 �y�crEPf-35 �FEP1-11 _]69.8 WF{£P1-12 ,max 170.6& `1� �L i 1 X -N-"l60.3) 159.26 x 148.5 x 144.70 55 WF{EPf-34 ""'max X170. 6; 1 i ' . � 4 "\ I t�183.$ � � "`•` 17 .79 /,` X EPf-1St ` f a► EP1-1S i f'£PI-13^- x-171.04. 45VPel, I �XI f7>;!f 75.796 '`� it _- ., _�/,�� - Wf;� EP1-19 NEW 8t�2 ii ♦ 154.58 { EP1-21 / .► a WF{EP1 63. tF{E?L4 - X� 147.6,5144.24 WF{ WF__ 179.43 �. �X:�7439 O �fF x x 771.08" V� 1 V' 1X 175.. ) . , .,� , 17 .73 RIM- ! �f x,171.1 j I x 159.64 \ \ -----------�> ��- � r 17 .09; / S�1I=195.40 Q 185.40 � 7 i 159.3 � X'756.55� \ �` -�E�'1-16� _.. x 14 CNC HEADWALL -- wF EP1-9 --- '^" ! 184:5 EPI-14,4 ` e 15).31 4.32 ' { 1 9.47 ' __ X 174.86 �� �+'' 145.69 x 143.63 \ 164.9S\ /2 CMP (OL s _ _ _.. .^ ---- _• -- .. � - INV.-1 2I i � �►.� ...«• '._. _. 1�� x 175.78 __ . � v � f � � �� SK 16 'VF{EP1-l8 176.79` ( \ 1.27 _ 47 57 WFEP1-3 WFEP1-5 i /.' r� ' St^NA7S..._ f, � ELEC /C ER 177.65 d 9 Q `, / �Wf E�/PI~ _w ' 164.32 / ./ / C WF EPI-4 {EP WF{EP -7 yi SP1 9 / x 174. 7 !Et P O P / ® .14 ` �' -�_. .wre6oI-12 M/T OF 6 - 9 i _. RD �x 155.96-153.97 '., 48 P B WF Rcp 1 f- 158 `�. X % 1-�1 CNC _166:60 ""' ^--x'169,93 /' - ,67.44 • r ' _ x >�t.os \ 12 CMP ,� -, � .178 R/M- �s E ........-- .` x 179.9 ', �. `". � ,,,, 38 / �H � l r /, PROPO 1 . . 6 �t 8.83 1 1 NV 142 _ _ ..._ " 165.3 // t 60.95, 72 1 CENTER G4N _.,_. -r _, ._._ - _,-• .. _. ..... 176.48 � _n.. ..__ ._w 1675 �.�;. 145 Q Y'S16N' METAL G4URDRAII- -- SIGN 6as3 S TER---t 6 a i ♦-olee .__ _ 12 ,as. WEAT __ i _ 178.98 ,76.31/ 7-If WF u 38' >E-17 __ + __ 72.45 -- _ _ T _ u 768- _ _ u --- - -- - - _.�_- -. _ _. _ _ _. �� __ _ u -_^ _i ,}t 169.26 _ 4T - 24---�tf-175:53- x !:?6.58 __ _ _. ___ - _• _ _ -- - r _ _ _ . _. _., _ _ _. u I / i 6t..._,. 70. -->E-7 7733- .�cx - _.. -.�{�- X-i,�7.89-- =ac 178-7,4 -�c-7788- _ __x + 992 ---- "n.,�Cgl�$113 _. . ,.s.. ,. _ _ __ -. __ - 1 W 9 .2 5 1 1 ^^.,.. t M1 T 76.62 . - - ' i 6 :56 ._ _ Q TE' > ,,� , �` �, . ., _r• ,w / 3 72.27 1 0.9 t 6 `-- -- _ X165 -R- --.. RIM- 0 1 O� ->E-� -�'-' -" ,�••-63 �- -- 161,-33 ____ 161 9 160,2 �] t, ' _ . Q r ^-�- _..___.� - ___ --- - ( �V/J / 10 / 160.5 -k•5 L_" -- I/ L �j 164 -- {- ,�___ + I �Tli4r. IY.47EJ4 158.8.6 B•� �,f7� 157.52 ----_ ____ , .____..- 162400 - _ 163400 4_ __ `� 156404 157400158400 159404 160400 161400 ._-�-- I__,___.� , ._, .. 64400 165400 �� ---X 177.67 X 1,�8.os- --�c 178.46 x-48:x2- ---x ,78.92 X-+,=s t8--- n3.2/ PROPOSED FLOOD LIGHT BY ``'E. 166400 __________ ,-_.__ _________ _._.. - __:_ �- 1674 00 f x i 76.18 D- --� -Q - -'r"z 9 - -,t 177.71 _ _" - X--1-78-98- -- -- -178$1- _____ -_. - - -`•� x-1,76-94____ ._, --- -•---;'c 175, 7 �f--._ ..__ _.,_.__ �7�62 ,-,-��. ,"'`••. 178.42 UP 5557 1�2 X57- /� 167" �G�US�LLJ I�EC �'_X 163.81 - --- ----- I �176.42 177 ,4L 0,41111 /L 177.41 �,78.74 � X171.18 qLi 77.87 (/ t 60.374- 176.64 4 - 1/2 ` METAL G4URDRA/ I C%171.70 ( 157.44- - ZIP UP 554,3 UP,/$557, ,7664 / 6 177.92 UP 5558 `�t 66.99 ---• ' �iJC E OWAI1 ._ .. . _ _ . __.. . ...- . - , .._.. . ._.. • --^' ' GUY �O UP,/•2559 i UP12559 1/2 `��16+a s• 12'CMP �" ^• �. INV.-165.4-t i ,S��FFT 2 OF ,3 O h t, PLAN FOR BOARD Of APPEALS LE'GE'ND BU/LD/NG & UNIT SUMMARY OLD ,5ALEU VILLAGE' EX/ST/NG WETLAND wF 'EP2_ ``" 9 DUPLEX BUILD/NGS = 18 UN/TS 0G EN NORTH ANDOVER MASS. 19 SINGLE MIT SU/LD/NGS = 19 UN/TS #33604 i EX/ST/NG SPOT ELEI�AT/ON x 153.37 /N HAYE /N APPLICANT (978-68,3-3163) ENG/NEER (781-246-2800) TOTAL SU/LD/NGS = 37 TOTAL UN/TS KEY-LIM d' �� E, C. S ENG/NEER/NG, C. EX/ST/NG CONTOUR 28%% v - 60 BEECHW000 DRIVE 603 SALEM STREET NORTH ANDOVER, MA 01845 WAKEFIELD, MASS. 01880 EXISTING WATER LINE W �2 J v `',�'�L SCALE- 1' = 40' DATE' JUNE 15, 2005 EXISTING EDGE OF PAVEMENT — OWNERS' NORTH ANDOVER PLANNING 80ARD APPLICATION FILED ------------ 50' NO BUILD ZONE -- • -- • -- • •-••-•- . --- LAM. REAL n' TRUST 89 MA/N STREET ---------------------- F/NAL PLAN F/L£O______ 25' NO DISTURBANCE ZONE . • . • . • — • --- NORTH ANDOVER, MA. 01845 -- DOCUM£NT, igo ______________________ HEARING DATE MAP 1078 LOT 16 --------------- 100' BUFFERZONE . • . • — • -- --- HAROLD & BEITRLY WHIPPLE ---------------------- PLAN APPROVED______________ 50' PROPERTY LINE OFFSE4T TOWNE TRf- 123 WINCHESTER DRIVEi'i' •J MONROE, NH. 03771 BOOK 109.3 PAGE 47 -----'----------------- PLAN SIGNED AA&f- W1,0fH MAP 1078 LOT 73 PROPOSED WATER L/NE ..._ NW �-- (Ptl&IC MAINTENANCE DISCONTINUE 1930) ---------------------- PROPOSED CONTOUR ..._.o.._{�...�. ..�._ ® 0' 20' 40' 80' 120' PROPOSED RETAINING WALL (STACKED MASONRY UNITS - IDEAL BLOCKS OR EQUAL) PROPOSED SEWER MANHOLE Us PROPOSED DRAIN MANHOLE r EUA PROPOSED CATCH BASIN ® UNIT 19 PROPOSED LIGHT 3 / 19 PROPOSED HYDRANT ^ GF=178.5 PROPOSED WATER GATE �d / 20 EVA ' EvA -- / , 0 0 2Q / � i ��N`•1 25 UNlr 26 PROPOSED SL OPED GRANITE CURB SGC // / �� / \ �Jo'•.° ��o `� cF, \ / 25 ,152 -.. PROPOSED S/L TAT/ON FENCE & HAYBALE ® --r--- �`� ��F���� �\ F�1��S cF ,160 o TF��5z.s 26 �.\ � f '' • • . . . J 4 po .0 FO / QUA �� 159. 60. EUA = EXCL U51 VE USE AREA 18 G s s N/p Gfi�159.5 "-- a 21 CF21 UN�Uq �� � UN X151.5 UN�.Oq \� �15g'0 27 2 SPACES o ¢ tF ,158A / / 9cFs, 88 S I'f�a 1 90.0 F' • ____ . C,4-. / I L/�L//T OF glW / S 22 NIT 2 a M1N �s�'o / 17 23 CF=1 ss•s TF /' ' w 0 2e = 0. C \ J � GF=1�9. / � ,fig•� 28 / WE uvo AREA IS NOT UNDER ` . \ w AREA IS LE-"ZS rHAN 1,000 S.F. CJ • T //<c.��^ o '\ •.,, GF-175.0 / J TF-176.5 CF-169.0 i i _. I 3 o EUA s- ' ` . . ..- . . ✓ ' c� "�� s� G JP NQ1UNITS _ 36 le, 16 0 20.0p0 CCFc,�9 I7 U. ¢ ti". I _}58.0 ,/IV/ s �/HTF=166.56 iF'q a37 r I CF=158.5 U�liq ^►... , ^ 3 /� �� Yllr J �- Mit # �,�'��� m` / ' \J� ` �--- J L — UN TA _ J \ \ �'s"W'p G��G9� _ _ _ _ _ /J`��� v� ^�^� `. 12 BJP • \ os 35 �s EUA / / \ / J �v �, / UNIT 34 �• J 33 . , .. • '"' ZONE i � �, � � o 20. ._•.•. . p NO BUILD \ / l CF=153.5 MIN. TF=161.0 3¢ GF=160.5 \ / RBAN \ S,06 0 3 CES . 1000, 3 31 LA 6.1 � \ � /' •. \ � � \ � EAT/C.4 OR/!/ h -.,_ • 5 p p, MIN � �, . ..._ . ,--. � , . $$gig � ��� 1 ' � •/ •• \ ` •/ A)632) / 1�2o a ;zta �^ 1 / \ EXISTING BU/LD/NG u u u 4-0 . / a l0000l 0-11 A `• / / / \ / q .. �4-0 L/MIT OF BVW \. ` ' .... . . . .. . . _.._ . . _... . . _._. . . .._ . . . . . / I PROPOSED . . .� . . _.. � � 'CEN SIGN NE ' / _ `. o . •- SH TER METAL 64UR17R4/L / / �^ T'/ /��® cxx�c• OM Il S/GN ♦ .�. . Fl rl _ ____ ____ ____ ____ __ / WG -.J E —7 t✓ !PT`'I� \ ri �. .� --. .- ROUTE 114 . ____ __ __ __ __. ____ _ _ ___ ___ ____ _ ___ _. .., • __ ___. __ - _ 4*00 155*00 156*00 157*00 /158*OO 15 `*00 160*00 161*DO 162*00 163*00 164*00 PROPOSED FL 400 O GHT BY 166*00 167*00 dIA.SSSE US 9_CO-L TLC i 1 \ LiAL cauRVRAiI / �1 "' -.. .. METAL G441RO&W SHEET 3 OF J TOWNE STREET TURNP/KE STREET (ROUTE 114) QFJG``� �Gl l� LOCUS MAP --------___ ____. _ __—__ _ _. _--------._ __ ----_ __ ----------------------------------- i I I 8MWIN XWNUM TRUSTEE I ! I I I (8GF TRUST) I ! I MAP 1078 LOT 4 JOHN FARNUM 1 f I I ( MAP 1078 LOT 74 t I I I I ! o I / I Nm I �� II I I INC LOT 2 MAPG1078 LOT 17 1 �I LOT 1 -/ -- �_ I ! I I I 1 PARK R� I ! I i 1 i I I TRUSr I THOMAS SC/UTO 1 I I I MAP 1078 a I MAP 1078 Lor 84 1 I I LOT 5 I 1 MRNP/KE STREET (ROUTE 114) ! I I I I &GARY j ERNEST G4!/TH/ER // \\ A,S,(.4ZEEN \\ I M4P 1079 ! ( I MOMS ALEY COLLINS ( ' 1078 LOT 9 / WAYNE UVMAU \\ r 100 1ACOMES 1 078 77momy \\ LOr 15 "-- ! ( ( HUGH16H ES K/ES£L MAP 1078 I / U4P 107 i 8 LOT 11 \ ' I ,{LAP 1078 1 \ I ,KAP 1078 I U4P 1078 I LOT 69 < N. l \ i L14V/0 \ LOT 65 I LOT 68 I i \ BARRY / \ i I LOT 98 1 ISELER i \ EEFF / STEPHEN I MAP 1078 ��� /� 1078 i\ / -- "\--_ `---�\ �MARC01 � LOT 97 / l T JOHN D. & t LOT 152/——1 �` 1 \ I �/� t / ` \ \LOT 99 I // COMMONWEALTH OF / / ` \ \ I , MAS�4CHUS£T7S L4CO8SON / / \ MAP 1078 LOT 24 1 \\MLor AP 1518 / loo Q� �i / / I � OF '/11\��� �a����N cc, � �f,����`N iMAss�^ PETER J. yG�� OGREN �i I o I � OG,7EN Civic 1 #33604 9 go.27145ISTS QNA 0' 100' 200' 400' 600' REY/S/ONS PREL/M/NARY SUROIKS/ON KEY MAP OWNERS:• ---------- OLD SALEM WILAGE LD1" M&E L.A.M. REALTY TRUST 89 MAIN STREET ---------- NORTH ANDOVER, MASS. NORTH ANDOVER, MA. 01845 Lor'I DOCUMENT, 3390 3)0,300±- S.F. MAP 1078 LOT 16 APPL/CANT ENG/NEER KEY LAME, /NC. HAYES ENG/NEER/NG, /NC. 7.1 t ACRES HAROLD & BEVERLY WH/PPLE 60 B£ECHWOOD DR/YE 603 SALEM STREET r——--r--—— NORM ANDOVER, MA. 01845 WAKEF/ELD, U4SS. 01880 n rrQL �zotiraGE 785'y 123 W/NCHESTER OR/VE MONROE, NH. 03771 SCALE.- 1" = 200' 0A74: MARCH 3, 2004 BOOK 1093 PAGE 47 O�►• MAP 107B LOT 73 C) NORMANDOI�ER PLANNING BOARD APPL/G4TION FLED ------------ In w kD y�s8610-' S.F. 00 /p.Z AC.PES FINAL �e6.2oo' s.x (caR) ZONE.• VILLAGE RES. ------------------- -- --___-------- N TaJAG �D�/rQGE ..SdO'f a ------------- H / --------------- M ---------------------- PLAN APPROVED-------------- ---------------------- PLAN S/GN£D_____________ uja SHEET L OF CL0 O z z LEGEND _ . . EX/ST/NG WETLAND r 151�9�'•• _ JOHN FARNUM WF EP2- �Jrl MAP 1079 Lor 74 ��� 100' _rtes r_x Y� �:a "*fir,s`r�c G Y. y �x < cx s Cr r x xYxr, �cEX/ST/NG CONTOUR �!I f/N' BUFFER ZONE x 150.96 'L9//y��i� �rr�•<,-�`-=`::'``..cc:� a '..•3" _...._ �� D "r '...X .,. s'"3'._._..yX' 'a' '.; 'X:YC3'.1'v':F:::C.-...Y'.w'X"._)°..X.:X'.":?'".-:. C='Y.3�.r,7�x,:1'1... ...,'X','.:..C:.sJ. .,_x:.'x,"_Y.�:_"r-7;+:...Y..S..�+•.. :.�`�vv3:. -. w 48 PROPOSED CONTOUR D/ - " 154 ✓°''"� 96'1 UED �y�o� srr�vE cuc►�r = - / 56.03 = _ _ _- .x_ 157;69 f x 14 .68 -_._ " - x 742.02 / x137.9 1.2yV x 1.27! EX/ST/NG SPOT ELEVATION x ta2.72 x 159.08 _ .N _ - - ..... W 55`.19 s --- �"- ` ` 4 '�0 EXISTING WATER LINE 137 -"- X 161.67 ,- - WF/LSP 39 _ PROPOSED WATER LINE - - - - X- 162.1_f x._16,3.5 _ _ \ ^ \ \ \ f r; _ - __ 1' 'i 154.29 _ .._. \\ - ,' 57 ;4 04 x L64:37 \ _ \ /� ` \ + _ •• _ ` SEWER MANHOLE OO x 158.34 � x 165.3,3,X-166.03' -•- X`� 68 29 �� ��- --. _ _ -_ 139.49 I `�- � DRAIN MANHOLE I i �,, -•.. ~`� \ \, _... �^ � � __ -•' •' ..-+t-440.62._ 139 68 �. i _ � � ,,..., , `x, 158.1� A � f X--141.86 1�1. 7 "'� .., --- .....- • ' ' ' --�"t 4d. �. �. 55.23 ; % x 167.35 \ ` ` x 163.78 \ X 152'{40 x 145.2 wq4 ,�3, _._�• ~t41:08 WFEPf-38 .� -•- ._._ ._ s 156.49 163.98 3 \ ��\ \ f x 153.82 �,`� I I '� WF•SEPI-35 WF,�£P1-36 WF,�'EP1-37 `.4�� CATCH SAS%N X 1$4.78 % 160:03 \ x 165.6 \ X68.56 !� // '' / !! O i I� t, / i / ` k'f" EPf-33 WF/EPI-34 x 139.11 �( 141 WF/EP1-32 159.44 X 160.11 ! /X 165.93 / x 1438 3j 1c� / x 163.34 !� / ! . 148.31 ,� �\ ✓'.._ / 1 x 162. ! ....- / / f , 'x 55.2 ! 12 /AV--- " / / .••.X••16#1,''65 ER ZONE �``t - / / � � ,.jw.00 i x 145.1 �� WF j�£P1-31 tI I /` xi 163.68 !/ 100 // , 152 �, f / r/ f/,�f / 146`53 l \,140.79 x 159.54 x 160.60 // x 1616.87 r 1F0 / '� x 1, 16 \ \. WF SEPI-30 DRAIN 159.45 - _. ` \ ` / r / � $ /�� / f/ 41 ... '- a, \ 143.31 \ \ 1 140.81 EASEMENT x"159.83 / ry ` X 165.73 } f E x 16`2.73 6 i / /o. OS \ �� \ x 18.59 f f / ` �' A '� / �/ �Sp ��` x 143"35~. °rte t 156.75 `.x, �1.rio\\ \! x 14 .)A`../ Q,c 146.34 ,` .� \ \ x ,62.89 ` / / 1,2 `• �� ` \� C�� y \ l w WF f'EP1-29 . \ \ \ X_1.66.52 1 --- / r 141.31 JOHN FARNUM pNE C • \ �, ` MAP 1079 LOT 74 x 143.12' �( -_ \ `�e `•5D'N ILD Z X T6'�.24 148.28 s ` / / `' ,,_ ' ". '' .,.._ __,. _... .._. .....• _-- . --J � ,' �, � ! ( ��( �` l ' �'` ` ~ � 148.27\ X 144'^z6•.., x 154 66 .�' E / / -` x 15 .06 ``'Z x 156.39 f I �156:3 _.__ f x 154.71 / \ / ` ` 1' \ x 157.27 ��r / &C INC x 152.!7 �l/ \ ._ NO Os7URBCE"Z,,NE��' / \ `•. G \ \ \ MAP G107B LOT 17 15 \ 78 15.44 //� 153.90 " 153.20 // ! � k 1 q� \ x 145.36 , x 143.52 \ WF •:"x �! // O 50.5 f //X�t� \ X 148.93' \ , 141.20P1-28 \ x 156.25 j 151.94' ' / e `V ✓ ( \ '�. \ /! WF/Z P2 WF �£P2-3 • ,51.90 4 x 151�/� �' :#I`, __._ \ �' x 163.32 \\ J \. WF/EP2-1 x 154 0 151.82.„ $ . .-rf 52.04 /// ' ' �' ♦ / ` 1 ` 'O / 1 , , �'``��\ x 156c0> 6�4 .. - jj / , -- _ ._. x 153.55 x 149.83 "" . p (lW4 F x£/31�EP2- /// 1 � Z 1.54 \ ,157.86 \ 30 W10E \ ,,�C/ f \ �, x( 147.f7 s 143.3 758 _ ` \ 15e`4.23'x\ x SEWER \ // `��X 2.99 y s ! / \ \ �C ,47 �" .�iC ~� r "/79.79 ` 4S- .75 *' 1�3 "y \ 152 - 1 1 �'C \x 169.25 -- - r - -_ ` \ �/�y1�j►� / �/ \\ 'QX'° \ y LOT 155. x 153.2 � ly / 0 a ` ry // ,/ �' 2j JVO_t�S./-. \\x 14 60 i / 1�E43-26 1 _ •`6216 x 160.50 '� x,164.01 t 1 71:1- ACR4S ! \ x 141.67 \ x\176.5¢ \\ � \ 't< / / x� ♦ ` ' -- •- � 157, 100- S.F. (6'BAJ ` x` ',~50.24 15♦�s A TOTAL FRO AGE 785.E. _; \4� \ \ \ eQg`\ \ \ \ \ � ` e M1 •` SERNG)E �� 12 RC / C t- \\ x 157.45 \ \ -- - 1 ♦ \�a� x 1 W 027.84 \ - \\��\� x 157.29 _ \ x 1 9.32 \ \ \ 140.68 j \\ 1 1 x 6.17�c x ,5�5. nlrx'; WF EP1-25 ` � \ ` � 55.62 �\ \ x b1k • .. _ x153.60' 'fid \\. x 1,8f• 0 \ _. \ \ 162 'l' 2x ♦% x 156.42 x 156.77 `�\ X159 82� -o � �� �� f `'� ♦ . l _ f ( 1* x 1�°.?9 t 0 X.lf \ - �} - t so -� r ♦ ♦ R=30.t 1 xr/ r);A'f \ \ _ -.._. r \ \ \ \ \ \ \ p� < • .` r�V\ x 156. L=2¢'�c / 'XRN O 141.62 q� } \ \ \ `t" _..�"- 55.28 / 240'. 6 x _ _ \ \ \ \ \ \ ~` \\ 7 ` /4 1 J I ` / ' 1���l� � x 146.13 E• WF,/'EP1-24 - _ }\ \ \ \ \ \ \ \ \ \ �' 156163 \ O �. '.... 154.54 x t$ .71 '1r �. 4� \ ` �� ,� X. . 1 ,...., f i a 'X\`8§ \ x`164.64 \� j ' �\ 157.31 '� ' �..� \ ` x ,tat 64 \ `� T h ♦ ( '' .� ( T�ST HOZ) ,1 , r \ \ J 74,99\ \ \ � � x 68 1 / �O . � t �• 1► ` j5� ♦ x 15,89.0 ( O '9G� ! I I I 1 3.59 x 182.�0% '\ I ���_- A x 159.0$ �d\ x 15 5-T^"' I 1f 141.90 A x 158.64 O x 140.48 / �5.s \ \ � \ \ --' .,, \ ��� a �" j \ tiF ' "",. • -... ' '� '` I I � ! THOMAS SC/UTO f 1 ` \\ \, A 1 4 / �► 0 I v ! l �' f x, 146.16 \\ MAP 1078 LOT 84 1 , WF/EPI-23 -,K 141.30 R=30hx162.� J� / I \ f _ f t xF';/" �.._ � '\ � / / / ' 4 \ � 141.27 wF/'E 1-2 • -' ' �_ 186.14 i I ; \ f L-33f �' 1 74 - x �` I{'F £P>-22 142. 6 I-1 C\ f I ' ' I WF,SEP 1 x 167 09 :85 _ a ''� .x 155.83/ i \ 161.72- r �, 1 \ \ \ x 1)50.95 F'' / •/• WF,j£P1-3 EX/ST/NG BU/LD/NG I \� ` ` � C \ \ 1.74 13'-" �k�i- 1 ' \ I <'s= \._ i - {48.53 Ji x I B 142.4' / �e \ �, x 158.74 '` "' \ -� 144.70 f , LIMIT OF 4. 159.96 t } �� / ,56. '1'O\ \ Q 0.39}59 - • �, f G _ \ } wl, /142.08 186.24 /" a a ' , a X 164.11 WF £P7-21 WF / k(M 1886 LEDGE ' , ; \ 7 1 H / M ,WF/£P1 8 __ R .fit w , :/t 'rfC?, f� e 147 5' \ +1�EP1-S . /dry/a 181:78 i t r _ A , `t�. ' 1J� //1N 15Ip,Y' µlb `a �/� ` ! \ / Y71 183. o' s i f ! 1 15 /NV- �'I, t �` 15�f0 _ .� F -c . . , ! WF SEPI-f9 / / 146.x3 I \ 180.4 54.17 ` ` ,� ' / �. \ / l x t 64.70 W/R/PRAP os ' RC F EPI-14 143.63 -' ` 2 45.x • • �. 5�/H r \ / / / ` , x 159.64 .�3 .J£51;31� WFP1-f7 '� WF j�EP1-20 WF}rEP1-6 r� RIM-185.40 � � ,' � \\ I ( / / � i \ ___ \ "`�. - � / WF/£Pf-18 42.73 � x 144.47 _xf14 _ ' i77.Qt z`�`4 i w \ \ ^•=fe�147.57 / i r ®185.4 \ 184. R=30 2 73 \ V . ' / ✓ ` \ ` / 1 I j i L=47'f �\ '' f �.2�3 �e� � `� ' WF•d�EP,-f-1.�`.,• y• WF�fP1-12 CAC HIAOWALL EPf-7 • • / 44 ..__. / _ _ '' _ r , ,,.. . r \ \ ` + �/' �' � 153.97 ` _`�-�`1$, WF/£Pf-11 12 CMP (G XaV) `• ' - / + j ; \ y X 14 �� \ 1- \ `-" , INV=142.1f EXECUTIVE` PARK •y f ` mss., \ - 145 72 _ _ __ ___ ._._ .. _ . _..___ w- \ aw+16.6 8 ♦ `` \ -1 \ ""�146.3a� _ �.+�--{4336-- -�.1.4�42.94x.-14 .04 f4 � � OWNERS: RFL TY TRUST / \ �� _ �O� \ fL i ��\\"c�.� �` = `` L x.64' - 13 b ?1-a 11 J p _ f .- - - -/ L.A.M. REAL TY TRUST MAP 1028 LO7` 5 \ ' ! I \ 165 35\ 161.20 1 9 �� 6`0. 12 _ / /t -9- ` _ _ __ ___ _ 178.63 1 . r 1,.x,60 _ - j�. MAIN STREET _ N - _ _ _ _ _ NORTH ANDOVER, MA. 01845 ft;h� . _ ` �•�. _..� _ 1a10� - . _-..�, - - :._ .� �� .- 8-� _-�,= ,..� 1�� - _-_''_ _ Epr- W _ __ _� _- - - n.- 161.66OCUMEN 46 -- 168.63 154w "� _ - __ - _ _`--- _ ',�_. 156 't 6 1 t ~155.54 M CG/ARL7 L 15493► 154.63154.34 D T ,#33 \ - o ^a x.160 12, - � - i y - ,�:._ .i - 1 B 1 s .11 3. 6 /6 8 -.` r St __ _Jd_ --- - -- - _ _ 150.88 BEMMM/N PARNUM TRUSTEE LEGEND �1 • x. \ MAB 1078 LOTT 4 EX/ST/NG WETLAND 151 WF It-P2-J 153.37 `� 9 150.09 4 EX/STING CONTOUR \ - e NTOUR ✓'' PROPOSED CO x-15`3.81 e \ T MAP 1079 LOT 74 �+ ��``�� x 15o.ss 100' BUFFER ZONE EYAT/ON x 182.72 58.0 \ 153.98 EX/STING SPOT EL -1 4 ._- Wu7 l W __ . . 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OJ L-47 t 15110 L=171�E L=24 f LOT 1 Lkj d- ti OWNERS � N ON Oh L.A.M. REAL TY TRUST S� / 89 MAIN STREET lo, Q�: NORTH ANDOVER, MA. 01845 DOCUMENT IJJ90 \ �y�� uMAP 1078 LOT 16 \ V�a<^ — ,?;mac X16 \ HAROLD & BEYERL Y WH/PPCF 123 WINCHESTER DR/VE 57a770N=0*60 's MONROE, NH. 03771 u"� wuc ror \ �'� BOOK 109.3 PAGE 47 , MAP 1078 LOT 73 ZONE- VILLAGE RES. ,3000 YDS FILL REQU/REL? /�1PORTEOJ ► O' 20 40' 80' 120' REVISIONS PRELIMINARY SUEDIWS/ON PLAN & PRORLE ---------- ROAD A ---------- NORTH ANDOVER, MASS. __________ APPLICANT ENG/NEER KEY LIME, INC. HAYS ENG/NEER/NG INC. J.00� -'_—'_—'_—— 60 9EECHWO09 DRIVE 60J SALEM! STREET NORTH ANDOVER, MA 01845 WAKEFIELD, MASS. 01880 h N ^ N N ^ N ^ r �� F ��� SG4L F 1 = 40' (HOR) & 4' (VERT) DATE: MARCH J, 2004 W O PETER J. OGREN v,,. NORTH ANDOVER PLANNING BOARD APPLICATION FILED _ 140 ,`. h �. �. . . ^ •, PETER 1. u�.` o > CIVIL "'" —" OGREN 0+00 0+50 1+00 1+50 2+00 2+50 3+00 �9�cNa 27ia5 , P o u #33604 H �o ______________________ FINAL PLAN RL ED ossc �ONn� ______________________ HEARING DATE ROAD A ,�� ---------------------- PLAN APPROVED -------------- ---------------------- PLAN SIGNED