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Home My WebLink AboutBuilding Permit #558 - 1600 OSGOOD STREET 3/31/2008 I 10R BUILDING PERMIT OFrTF/ t&OR FI TOWN OF NORTH ANDOVER PLICATION FOR PLAN EXAMINATION Permit N06�54;__ Date Received °q,r.o•�`�* �3 SACH�1`�� Date Issued: 1-4 IMPORTANT: Applicant must complete all items on this page LOCATION Print CZ PR1r3PERTY.O1 iER MAP:NQq, PARCEL. O1111NG. IS RItCT: `#iistor�c 3is r�ct des ti.' rho 1Vlacl ne,:si pp Village: = n� TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more family Industrial Alteration No. of units: Commercia Repair, replacement Assessory Bldg Ot ers: Demolition Other Septic Well Ffaodplafin /etlar�dsUatershed Distract' 1�V;e Sea r � ..: DESCRIPTION OF WORK TO BE PREFORMED: A\c- Identification Please Type or Print Clearly) OWNER: Name: 4_0 Phone: Address: CONTRA TOR Name. 1s� +rt ., Phone: Address: .. ti ` L1 t t.t t 1 , - 4 1 I u '-wisor" . onstr ction YLlcense. `1 Exp. Date: C `Hare lixaprv :mer�fi:License; ExP Dade. ARCHITECT/ENGINEER` 1�. `rnC- C-►�y1N��1 1 �- L-'L Phone: a_7 y 77L( I Address: '3n 1�g.Tk� CRAW Si Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art Swimming Pools Well Tobacco Sales Food Packaging/Sales Private(septic tank,etc. Permanent Dumpster on Site THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT COMMENTS i CONSERVATION COMMENTS r DATE REJECTED DATE APPROVED HEALTH COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature&Date Driveway Permit Located at 384 Osgood Street F1RE DEPARTMENT -"T<e:rnp Du,,pm ter en site Vires- no .. Located at 124 Main Street. Fire Depar.hent signat�re7 late: COMMENTS 4a Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA—(For department use) ❑ Notified for pickup - Date Doc.Building Permit Revised 2007 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application o Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM07 Revised 2.2007 Location,/�� /i✓� dDD S`1d #�o No. Date 31' TOWN OF NORTH ANDOVER .�?0°,(`1O I•,ham F � t Certificate of Occupancy $ Building/Frame Permit Fee $ wCMUs Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # 2 1 U 5 5 Building Inspector NORTH c Town of o 0 No. � SB o WY dover, Mass., T O - LAKE T COC1ilCMEWICK 7�ADRATED `s BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System BUILDING INSPECTOR THIS CERTIFIES THAT Foundation permission to erect................................... buildings on .16.A.0 g �ba ......C1a .( r...................3d has .... o�f Rough to be occupied as.s.'*.f..A.4.........../...h t.bvO.L7.?►i G........�'.�...1.. ....e:!�........IZo�. chimney provided that the arson accepting this drmit shall in eve respect conform to the tms of the lica on file in P P P g P N P PP Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final y��6 PERMIT EXPIRES IN 6 MO THS L.1 ['�i��' ELECTRICAL INSPECTOR_ UNLESS C©NSTR Rough Service BUILDING INSPECT+l3I ;. Find Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. ................. r verren , A Think Beyond. SPR LINE New 195W module photovoltaic modules • Highest power and efficiency yet e Best available tolerance -0 / +2.5% A range of high quality poly-crystalline solar panels for on-grid markets offering exceptional performance, extraordinary versatility and industry- leading environmental credentials based on our cutting-edge String Ribbon'"wafer technology. e Best-in-class performance ratings proven by field installations + 98%of rated power guaranteed for 180,190W product; 100%guaranteed for 195W product + 5 year workmanship and 25 year power warranty for ultimate peace of mind" More installation versatility with our extensive range of mounting options + Higher strength with wind and snow loads guaranteed up to 80 Ibs/ft2 e Qualified to all major industry certifications and regulatory standards Smallest carbon foot-print leading the fight against global warming + Quickest energy payback time for the maximum energy conservation ® Cardboard-free packaging for minimal on-site waste and disposal cost �L T c _. C _.................... ............ _ ... ......... _ ... *For full details see the Evergreen Solar Limited Warranty available on request or online. This product is qualified to LIL 1703,LIL Fire Safety Class C,IEC 61215 Ed.2,TOV Safety Class 2 and CE String Ribbon and Spruce Line are trademarks of Evergreen Solar Inc.String Ribbon is also a patented technology of Evergreen Solar Inc. Electrical Characteristics Mechanical Specifications Standard Test Conditions(STC), 37.5 ES-180 ES-190 ES-195 s.s GROUNDING HOLE RL,SL,TL or VL' RL,SL,TL or VL' RL,SL,TL or VL' 3.5 r Pmp2 (VV) 180 190 195 Pt°le ante (%) 2% -2% -0% Pmp,max (W) 186.1 194.9 199.9 1 i Pmp,min (W) 176.4 186.2 195.0 law, (W) 159.7 168.8 173.3 FOR�114"BOLT '.; Vmp (V) 25.9 26.7 27.1 JUNCTION BOX (IP54) Imp (A) 6.95 7.12 7.20CABLES(AWG12) V_ M 32.6 32.8 32.9 ks (A) 7.78 8.05 8.15 LEAR ANODIZED ALUMINUM FRAME Nominal Operating Cell Temperature Conditions(NOCT)4 Pmp (VV) 129.0 136.7 140.1 Vm p (V) 23.3 23.8 23.9 MC®CONNECTORS Imp (A) 5.53 5.75 5.86 (Type 3) V_ M 29.8 30.3 30.5 r N Lc (A) 6.20 6.46 6.59 ss ax b.1s GROUNDING HOLE TNOCT (°C) 45.9 45.9 45.9 16 GROUN0. DING HOLE '1000 W/m2,25°C cell temperature,AM 1.5 spectrum; �I 'Maximum power point or rated power -1.6 35.9 'At PV-USA Test Conditions:1000 W/m2,20°C ambient temperature,1 m/s wind speed All dimensions in inches;module weight 40.1 lbs 'B00 W/m2,20°C ambient temperature,1 m/s wind speed,AM 1.5 spectrum •RL model made in Germany without cell texturing;SL model made in USA Product constructed with 108 poly-crystalline silicon solar cells, anti-reflective without cell texturing;TL model made in Germany with cell texturing;VL tempered solar glass, EVA encapsulant,Tedlar®back-skin and a double-walled model made in USA with cell texturing anodized aluminum frame.Product packaging tested to International Safe Transit Association(ISTA)Standard 2B.All specifications in this product information sheet conform to EN50380.See the Evergreen Solar Safety,Installation and Opera- Low Irradiance tion Manual and Mounting Design Guide for further information on approved The typical relative reduction of module efficiency at an installation and use of this product. irradiance of 200W/m2 in relation to 1000W/m2 both Due to continuous innovation,research and product improvement,the specifica- ° tions in this product information sheet are subject to change without notice.No at 25°C cell temperature and estrum AM 1.5 is 0%. p p rights can be derived from this product information sheet and Evergreen Solar assumes no liability connected whatsoever c eded to or resultingfrom the use of an Temperature Coefficients Y P information contained a ed herein. a Pmp (°/O/°C) -0.49 pawner; a Vmp (%/°C) -0.47 Cc Imp (%/°C) -0.02 a V° (%/°C) -0.34 °C) 0.06 System Design Series Fuse Ratings 15A UL Rated System Voltage 600 V s Also known as Maximum Reverse Current QELECTRICAL EQUIPMENT CHECK WITH YOUR INSTALLER S195_US_010707;effective July 1st 2007 Worldwide Headquarters Customer Service-Americas and Asia 138 Bartlett Street,Marlboro,MA 01752 USA 138 Bartlett Street,Marlboro,MA 01752 USA Evergreen Solar Inc. T+1 508.357.2221 F:+1 508.229.0747 T.+1 508.357.2221 F:+1 508.229.0747 www.evergreensolar.com info@evergreensolar.com sales@evergreensolar.com .OLECTM RENEWABLES Grid-Tied PV Inverters! P V1 P V17 , i PV1 reaCr ugh in price and quality , ej SOLE r y„ SONEWC ,� Aa Li. nvti4tair Inv ter Ad IN j / � n "m mak. , k � i y S — 1 t � tj7Gile. N k Solectria introduces the PVI 60KW, PVI 82KW and Pill 95KW inverter: �3 � exceptional quality and efficiency at an extraordinary price. Product Information "VI 60KW PVI 82KW PVI 95KW Grid-Tied PV Inverters INTEGRATED INVERTER DIMENSIONS �r 53.30 y�� 1 , tt�*F fin Notes, 1.Dimensions in Millimeters[inches] 2.208VAG Version dimensions ars 66" wide and 29"deep. PVI 60-95KW 3-PHASE COMMERCIAL!INDUSTRIAL INVERTER BLOCK DIAGRAM «. vfrr F��v -i*pv vv PVI 60-95 kW „ «EM �r � ✓ i . e C+rcwr },M, DC Oftooneaei i-Pv -PY '.pY SEth frvcracr efte« irsustarm�r ritrn Nate:Ground FOUR l 0"Itonttnterrunt not shown 1n this diagram. Alt infomation subject i OVERVIEW. INTEGRATED PV INVERTER ,.a,. .... The Solectria Renewables PVI 60KW, PVI 82KW and PVI 95KUV h: are rugged, DSP-controlled,premium efficient PV inverters for grid-connected commercial, industrial and utility 3-phase PV systems.The core of the inverter, a 600VOC version of � Solectria's proven DMGI 660 distributed generation inverter, uses state-of-the-art control techniques and devices including space vector PWM, a precision MPT algorithm, and low-loss IGBTs. With peak inverter power electronics efficiency over 98%(over 96%including the transformer and filters)and fully vwrVv� integrated packaging,these inverters set a new industry standard for efficiency, ease of installation and use,reliability , r. and installed cost. ` APPLICATIONS «40-95kWAC, 60Hz,480VAC or 208VAC,3-phase,grid-tied commercial PV systems(50-115kWDC STC array). •Multiple inverters can be used together in any combination for ; 150, 200, 500kW or larger PV systems. y`, 1 y «Designed for mounting as desired, in full sun,driving rain and drifting snow: rooftop/ground or indoors, *Can be used for other renewable and distributed generation SPECIFICATIONS applications such as wind power, hydro,geothermal and biomass, PV16DKw PVI02KW PVI95KW output - FEATURES & OPTIONS continuous Aa Power(CEC) 60 tow 83 kw 95 kW Power Factor >0.98 •Fully integrated design includes transformer,filters,and heavy voltage L-L),s100A 208 1480 VAC,3-Ph duty, visible blade AC&DC disconnects (with optional DC sub- Rated current 208VAC 166A 229A 261A combiner fuses). &CEC rated current 480VAC 73A _ t00A _ 115A No nighttime standby losses. Current Distortion <5%THD,Nom Power *Industry-leading overall efficiency. Frequency,t1% 60 Hz__....... Inverter Ele ctronics Peak EFfick ncy „>98�%•100%Id w •Simple set-up and connections(connect DC from PV Overall Peak Effgie -� s W%(554%10011 load) combiners and 3-phase AC connections). Input w. -Precision DSP-controlled Maximum Power Tracking Algorithm. Array configuration: Monopole,negative grounded • High-reliability design, based on 17 ears of ower electronics 2 Positive round option) 9 tY 9 Y p Max voc 600 VDC development,includes sealed power and signal electronics unit Maximum DC Current 194A 24aA 287A and high-efficiency magnetics. CEC Eligible DC current 177A 241A 279A •Optional fused DC sub-combiner(4-8 fuses,40-1 OOA). MPT Voltage Range 334.500 VDC •Optional positive grounded version. CEC Full Power voltage Range 346-480 VDC Protection a AC Grid-connection OveriUnder Voltage,Over Current CONNECTIVITY (standards Compliance: See Over/Under Freq., 'Safett Features") Dc Ground Fault GFD! •RS232 and PC software for diagnostics and data capture. AC Disconnect(lrrtenral _NEMA 3R,trtite rat_..___ •RS485 option for Communication with multiple inverters in DC Sub-Combiner w/Fuses 40A-100A fuses available,3-8 pole, larger systems,or with long communication lines. (Optional" NEMA 3R,TVss DC Disconnect(integral) Break toad rated.NEMA 3R •Fat Spaniel Inverter-Direct Internet or cellular data monitoring Environmental option Ambient Temperature -25 to 50 deg C(fullpower) coolie Automatic Forced Convection SAFETY FEATURES t nclosurs ....... Rain„Froofjq 1741) Electronics Enclosure sealed(IP62 •Electronic temperature protection. General •DC Ground-fault detection and interrupt. Weight lb k 1526(694) 1581(719 1610(732 Dimensions:inch(mm] 208VAC 76119301 H x W1 422)W x 29.317441 D *Current limit protections. (Height wto lifting eyes), 480VAC 76119WI H x 54113721 W x 25,3 643 D •Standards-compliance:All inverters Listed to UL 1741 and Communications,optional Data RS232,R8485,PVIDAO PC software, IEEE Std 1547 and certified to IEEE 62.41 (NY SIR Surge Test Acquisition at Spaniel Inverter-Direct option Warranty 5 years standard Requirements). Units are also listed on GEC's eligible o ti, 14- 15 ear warranties equipment list. 'Fully Integrated Package:Includes premium efficient transformer,filters,brushless blower,AC &DC disconnects,(>95.5%peak efficiency for 208VAC versions) 2 Max Open circuit voltage Noo of PV array=1.25 x V.rated(per NEC 690-7). a complies with grid connection and safety standards("Safety Features") Int rated into inverter package if selected, ro change without notice Product Inform � r �/i� r r WE v M a� Aow, 04 y } h � TAWa ,tai a jja aI7.:3�?�f _ - e t.. e s x a t r ,... �`� '��°.34.�1,ID �L'.E:..r Y��slt� i r �: �^a.,,,F�� §.ii1'.3 t'��"��Ia�� A'r5 A.� ?�.L::.IfJ��81 • � � � 2 7..:,' �". _, �",�.,� .d�l�,ll..� �..��J.9t h : gs,z'..�y�,k�}��)�� 1 a t oo Q9 `�M 44 3 -' ? gd „. �xz � ..$�A$3-e .v`' :..,.s _Fa. 7 f i .^� �.:d.,.S# ;1 :•hA. �",A�?::T J`� /jf/ rz gg ;; e;- .. :° � ,.,amu..-. ,,,_,�. ,r•.s�ia.I€ �.1.'t,�.s,�� «� b+� j � P ; + � d t� r g 4 as,a 1az MM9r mea +pw r Y4allilM o9r, k ' s . y :ter P }. 50t ECTR r a et•aae€ 3 y FfE `Y! r VVI ' S ty S". WL _ µ r a 35 (Policy Provisions: WC 00 00 00 A) 78 RH INFORMATION PAGE IEC 'WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INSURER: TWIN CITY FIRE INSURANCE COMPANY HARTFORD PLAZA, HARTFORD, CONNECTICUT 06115 NCCI Company Number: 14974 rrr Company Code: 7 ,JJ ffi�TFORD Ln Suffix LARS RENEWAL -+ POLICY NUMBER: 08 WEC RFI7835 O1 Ln previous policy Number: 08 W—EC RH7835 rte, DOUSING CODE: SB w�5 1. Named Insured and Mailing Address: NEXGEN ENERGY SOLUTION'S, LLC (NO.,Street,, Town, State, Zip Code) N Q 1600 08GOOD STREET Ln FEIN Number: 204782764 NORTH ANDOVER, MA 01845 State Identification Number(s): UIN: The Named Insured is: LIMITED LIABILI'T'Y COMPANY Business of Named Insured: SOLAR ENERGY INSTALLATION & RE Other workplaces not shown above: 1600 OSGOOD STFEET NORTH ANDOVER MA 01845 2. Policy period: From 08/10/07 To 08/10/08 92:01 a.m_, Standard time at the insured's mailing address. Producer's Name: R C LAFOND INSURANCE AGENCY INC 396 ANDOVER STREET NORTH ANDOVER, MA 01845 Producer's Code: 088474 Issuing Office: THE HARTFORD 4401 MIDDLE SETTY,ENONT RD. eem NEW HARTFORD NY 13413 800) 962-6170 Total Estimated Annual Premium: $7,210 MOM Deposit Premium.- Policy remium:Policy Minimum Premium: $550 MA (INCLUDES I NCRZASED LIMIT MIN. PREM, ) Audit Period: ANNUAL Installment Term: The policy is not binding unless countersigned by our authorized representative. � p Countersigned by Authorized Representative Date Form WC 00 00 01 A (1) Printed in U.S.A. Page 1 (Continued on next page) Process Date: 06/05/07 policy Expiration Date: 08/10/08 ORIGINAL Z0/T0 39dd 30NvanSNI QNOAV-1 Od CTLOZ898L6 09:5T 800Z/TZ/Z0 INFORMATION PAGE (Continued) Policy Number: 08 WEC RH7835 3.A. Workers Compensation Insurance: Part one of the policy applies to the Workers Compensation Law of the states listed here: MA B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of our liability under Part Two are: Bodily injury by Accident $500,000 each accident Bodily injury by Disease $500,000 policy limit Bodily injury by Disease $500, 000 each employee V C. other states Insurance: Part Three of the policy applies to the states, if any , listed here: Ln W o ALL STATES EXCEPT ND, OH, WA, WV, WY, An STATES DESIGNATED IN ITEM 3.A. OF THE INFORMATION PAGE. D. This policy includes these endorsements and schedule: M WC 00 01 13 WC 20 03 038 WC 00 04 14 WC 20 03 01 WC 20 03 02 ac WC 20 04 01 WC 20 04 03 WC 20 04 05 WC 20 06 01 rr 4. The premium for this policy will be determined by our Manuals of Rules,Classifications, bates and Rating Plans. All information required below is sub"ect to verification and change by audit. Premium Basis kn Classifications Total Estimated Rates Per Estimated * Code Number and Annual $100 of Annual _ Description remuneration Remuneration Premium 5538 94,300 6.72 6,337 SHEET METAL WORK - SHOP AND OUTSIDE NOC - & DRIVERS 8742 68,300 .29 196 SALESPERSONS, COLLECTORS OR MESSENGaRs Ee� - OUTSIDE INCREASED LIMITS PART TWO (9807) 1.00 PERCENT 65 TOTAL ESTIMATED ANNUAL STANDARD PREMIUM 6,600 EXPENSE CONSTANT (0900) 284 MASSACHUSETTS DTA ASSESSMENT 4.192 PERCENT 277 FOREIGN TERRORISM (9740) 162,600 .030 49 o= TOTAL ESTIMATED Amld'Cl'AL PREMIUM 7,210 ee� Total Estimated Annual Premium: $7,210 Deposit Premium: ^-� Policy Minimum Premium: $550 MA (INCLUDES INCREASEV LIMIT MIN. 'REM.) Interstate/Intrastate Identification Number: NAICS; Labor Contractors Policy Number: SIC. 1711 UIN; NO. OF EMP; 000003 Form WC 00 00 01 A (1) Printed in U.S.A. page 2 Process Date: 06/05/07 Policy Expiration Date: 08/10/08 Z0/Z0 39Vd 30NvdnSNI QNOAV-1 Od EZLOZ898L6 os:5Z 8002/ZZ/Z0 i OZZY PROPERTIES INC. 1600 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS BUILDING No. 30 ROOF LOADING ASSESSMENT For Proposed Solar Panel Array System PHASE 2 may_ .T' <7 YM1 - •r Prepared For: ,s 14 NEX GENT Energy y9Y Souut'rons, LK � �'� -' . ;•' g 21 High Street, Suite 209 ' ` a f North Andover, MA 01845 978-688-2700 Prepared By: BMC ENGINEERING, L.L.C. P.O. Box 33 1 Farm Lane, Suite#102 MA 0183 3 Georgetown, Roof Loading Assessment January 2008 Page 1 of 11 TABLE OF CONTENTS Page No. I I. Project Description........................................................................1 11. Scope of Work.............................................................................4 111. Site Investigations.......................................................................5 IV. Structural Analysis.....................................................................5 V. Findings/Conclusions...................................................................6 APPENDICES A. Site Photographs.....................................................................7 B. Design Calculations..................................................................10 Roof Loading Assessment January 2008 Page 2 of 11 I. PROJECT DESCRIPTION Introduction This Roof Assessment Report has been commissioned by NexGen Energy Solutions, L.L.C., to determine the capacity of the existing structure to support the addition of a roof mounted solar panel array system. In 2007 solar panels were added in the south side of the building. These panels are covered in a previous report by BMC Engineering, dated March 2007. A second phase of roof mounted solar panel arrays are proposed to be located on the roof of the main building between grid lines I and O in the north-south direction and between grid lines 17 and 25 in the east-west direction. The property is currently owned and managed by Ozzy Properties Inc., based in Andover, Massachusetts, as commercial manufacturing and office space. Project Location The project is located at 1600 Osgood Street in North Andover, Massachusetts. The site is situated on 169 acres close to nearby Interstate Route 495. 1H � jy� A a ' Y i -�—,-f• _ yy ( I(UUf[c<S Af56d1tK IK.� IIIA{{{ nu..are. ASU exm f r[t:x. � �r r��°Id�rrrr i•tar's 7�' ; - �i I PIT COWAYTU L i. . J�. .41 GE:71 Building Description/History 1600 Osgood Street, formerly known as the Lucent Merrimack Valleyworks Property, was acquired by Ozzy Properties Inc., in September, 2003. The property has three main buildings structures,originally known as Building # 20, Building #30 and the Bell Labs Roof Loading Assessment January 2008 Page 3 of 11 Building. The buildings have approximately 1.5 million square feet of manufacturing, office and warehouse space for rental. Building #20 and Building #30 were originally constructed between the years 1954-1956 for Western Electric and housed company office and manufacturing facilities. By 1958 Western Electric doubled the size of the manufacturing floor and expanded the main office building. The second expansion in 1962 also added the Bell Labs facility. These buildings subsequently later became the property of AT&T, as successor to Western Electric and more recently Lucent Technologies. At its peak, the former Merrimack Valley Works building employed close to 13,000 workers from throughout the region. The plant was, at one time, the largest manufacturing space available in the region. Il. SCOPE OF WORK Structural Engineering Evaluations Our scope of work has been defined as three engineering tasks defined herein: Task A -Preliminary Site Visit BMC Engineering conducted a site visit on January 17, 2008, to verify that the existing roof construction is consistent with the as-built construction drawings received from NexGen Energy Solutions. We also noted other important in-situ conditions, such as the loading from piping and equipment supports hung from beneath the roof structure, any damage or deteriorations to structural members, evidence of structural modifications or repairs, and any other condition that would influence the loading or capacity of the existing roof framing. Task B-Structural Analysis BMC structural engineers conducted a structural analysis to determine the state of stress and deflection for all roof members to be affected by proposed osethe ro d loading for the solar panel system. This analysis used Allowable Stress Design (ASD) procedures for the analysis of all structural steel members. Task C-Report Preparation This report provides written documentation of our investigations and conclusions regarding the capacity of the roof to support the installation of the proposed solar panel system. All applicable code requirements, design criteria, photo documentation and structural design calculations prepared for this project are included for record. Limitations This report is solely for use by our client, NexGen Energy Solutions, L.L.C., expressly for his purposes in obtaining a Building Permit from the Town of North Andover to erect the proposed solar panel arrays. It is not to be used by any other party for any other purpose. The inspection of the-existing structure is limited to visual observations. No roofing cores were taken to confirm roofing thickness. Roof Loading Assessment January 2008 Page 4 of 11 III. SITE INVESTIGATIONS Existing Structure The existing roof is comprised of 4 ply felt and gravel roofing on a composite gypsum/rigid insulation roofing panel. The roofing panels span a distance of 8'-0" in the east-west direction and are typically supported on steel wide flange beams which span 20'-0". The steel beams are in turn supported by steel trusses with a span of 40'-0". These steel trusses are then supported by the primary steel trusses with a span of 60'-0" in the north-south direction. The primary steel trusses are supported by steel columns which transfer all imposed roof loads directly to the foundation. The second phase of roof mounted solar panel arrays shall be located on the roof of the main building between grid lines I and O in the north-south direction and between grid lines 17 and 25 in the east-west direction. In that area, no visible signs of water damage or degradation were observed on the underside of the roofing panels. The panels appeared to be performing adequately with no signs of excessive deflection. The steel framing composed of wide flange beams and trusses had no evidence of rust or section loss and appeared to be performing adequately. A review of the "as-built" drawings provided by the client confirmed the structural steel roof framing layout and member sizes were as indicated on the drawings. Conditions/Observations At the time of the inspection there was approximately 6 inches of snow on the roof. The air temperature was approximately 35°F and it was cloudy. The existing drainage appeared to be adequate and there were no signs of leakage in the roofing system. It should be noted that there is no backup drainage system observed either in the form of scuppers in the 2'-0" high parapet wall or a secondary drainage system. A secondary drainage system is required per code in new buildings but was not required at the time this building was constructed. The penthouse door opening jamb height is approximately 6 inches higher than the main roof so ponding would potentially be limited to that height. No consideration was given to potential ponding loads in the structural analysis carried out in this report. IV. STRUCTURAL ANALYSIS Reference Documents 1. Original Construction Drawing Nos. 196-47060, 47072, 47085, 47164, 47165, 47166, 47175, 47176 and 50063 2. NexGen Energy Solutions—Roof Mount Array Plan Design Criteria Massachusetts State Building Code 780CMR, Chapter 16 and 34 American Institute of Steel Construction, AISC, ASD Manual, 9th edition Roof Loading Assessment January 2008 Page 5 of 11 Roof Loadings The Existing dead loads for the roof were calculated based on the Weights of Building Materials Table in the ASD Manual, page 6-9 as well as reference data from specific manufacturers. A Hung load of 5 pounds per square foot was estimated based on the actual ductwork, lighting and electrical components observed during the inspection. A snow load of 30 pounds per square foot was used based on the Massachusetts State Building Code 780CMR, Chapter 16, Figure 1610.1B, Zone 2. The Proposed Solar Panel Array load provided by the client is 4.75 pounds per square foot, which includes the solar panels together with the associated ballast blocks. Stresses & Deflections All roof framing members in the proposed solar panel area were analyzed for all existing loads together with the proposed new loads. The results of the analysis are included in Appendix B attached. The steel used at the time of construction (1954) has a yield stress of 33 ksi with an allowable stress of 20 ksi. The analysis uses loads in accordance with the current building code and was checked against the steel stress indicated above. V. FINDINGS/CONCLUSIONS The addition of the solar panels caused the roof loads to increase by approx. 9% in the immediate area under the panels. All steel beams and trusses with the exception of Truss T1-A were found to adequately support the proposed new loads for both stress and deflection. Truss T1-A between grid lines K and M was found to have a slight overstress of 3% and is considered adequate in this case as the hung load of 5 pounds per square foot used is conservative for the actual hung loads that are being supported (see photo no. 4 in Appendix A). The truss is designed to carry a total hung load of 6 tons. Based on the structural analysis carried out and based on the loading information provided by the client, the existing roof and roof framing can safely carry the additional solar panel loads. Roof Loading Assessment January 2008 Page 6 of 11 APPENDIX A - SITE PHOTOGRAPHS Roof Loading Assessment January 2008 Page 7 of 11 =mak t x '$3Gr a PHOTO # l —Proposed Solar Panel area looking west towards penthouse 18 x. ` IPi�Yill 'af 11l�liu a"I' PHOTO #2—Proposed Solar Panel area looking south towards penthouse 12 Roof Loading Assessment January 2008 Page 8 of 11 r PHOTORoof Drain '.:�. Y{ �• ill ^ate }•. y�x - b 1 '• I Roof Framing . • Hung Loads Roof •.• 2008 Page 9 of APPENDIX B -DESIGN CALCULATIONS Roof Loading Assessment January 2008 Page 10 of 11 BMC ENGINEERING. L.L.C. STRUCTURAL ENGlNEERS CLIENT! _ CAL CBYI C1G JOB NO. 07-I52 PROJECT;Lucent building Solar Roof f anC15 _ I CHECK BY j SHT NO. DETAILi Roof Load Calculat ons 3 REV.BY I DATE, nd�jti-Mrj t_}o(ot panel W-ca = h�.imok7 i i. _ TrOss Tag _ Tr6rs7-1c '- 7rUss7-3y' /�`,/ '�\t /� '/O B/'s\/ `/dB/6`a� _�'lO BIS\,�� `•10;8/5,�;,�i \.tO B/S�t i/ �/OB/5',i/ ��IOB/5�/ NN ne�f2 -o'o do d 4 a'o a'o de �'dee ede - � " JOBl5 10B)5 JOB/5 JDO55 -/O� c 10$!!5 108/5 /OB/3 l08JS ./ a+'o- do IN_ d• do- -do - _.de a-da, da da do o0 if e 6 W. e0 de da 'JH /A da de to .1 cuss 7-//1_. 7vssr333ii .... %ossfitR f C� do.. .Je - do tfo do' .✓f de do - J .do . b de de do ac.- dd '�$ ooh do de •� do rtlss 7%W.. /5 -•i �:.� �JO B/5 'BO 6/3'. •_ 10 8J3 %O B/5�. /LIYF� '! �/B�tY s�1r /OB/64 y\ - ` 13 �l3Ce5 _ Y ur! I 617 as. -.�o doh E sre�&Y-ih.•� d ''� � Per�Itroa3e - •> - -: -mw .sarMef ��!�P!o case /6 fieel o Q raous vuA t,.-- ke-f .� 11 USS jo Yep/?5 Ac c rL BMC ENGINEERING, L.L.C. STRUCTURAL ENGINEERS CLIENT;NexGen Energy 5olution5, LLC CALC BYI CJG JOB NO,j 07-1.52. - -- .. PROJECT]Lucent Budding 5olar Roof Pane15 j CHECK BY I SHT NO. DETAILIRoof Load Calcu1at10n5 REV.BJYi ¢! DATE,! coics Gaffl-ocfjo,Cr m �v �ft 2e,-'{1 (he- e4f [ In roof//1 � 1 ; eor an c� �SSS�S /A � e 2a 5 - w P s � r't'c., J Uf were t : nil �n edi tb 15Vern Ail Cl�SI n C � >rs adFi�. Was ��,� �. BMC ENGINEERING, L.LC. STRUCTURAL ENGINEERS CLIENT NexGen Energy 5olut,ons, LLC CALC BY CJG JOB NO. 07-152 PROJECT Lucer+t 6uridmg Solar Roof Panels l CHECK BY SHT NO.1 HN _ ----- --- _---- _--.....__-- DETAII. Roof Load Calculattom REV.BY Ac L DATE Ac �! O.. cons er tf T IL s r I J ✓ M - 1oJ l0131 i f� eI to-0`` "50_0,a — - as o Snow � UJ — (30Fst pzz{a5 7. -' L-16 plf .I /0 rid S +yw t Cal c�( t 4 5e l.f W �> e Trvss /)Odes 480 '�F"r�l�Q1F`15 . �3P�fo�c 1C ►3.1�' r �r -- L-sc) f" pity 13.12 7Zq �,..8=�0 O:�rn.Puf. . c' •89=.2 Out .au�� t i BINK ENGENIMRING, LL.C. STRUCTURAL ENGINEERS CLIENT NexGen Energy 5olutlon5, LLC ` CALC BY CJG JOB NO. 07-152 PROJECT Luce6t Budding Solar Roof Panels _ 4 CHECK BY —_� SHT NO. DETAII Roo#Load Calculations V.BY DATE CB.[CUle e Loaks on tAe Al-w f0SEZ . IT Ps 3 2 P3 P4. 5 �1 i s K �Dss Tl~ oll G l ne l Pel OCf--TtOA) T_._•._._ ........... � 0/ z0al C5 truss �Z� �'!$� 63Z�g -729 _ un.,FarwtE, Koof Loath (DL+ LLs„o. ) If, 16b 4-,160 _4 160 %160 �t� 160 �-w `��sses r°P �� _.�.. 24.0 S 12 ZX 26 2- 1621 z t�lla�tIs Beav�s 6'1 �1a! �russe5 -� 13L� Sbi�D_ FA rt�/G �+JSS Lows _.3.Lf 191a� lif 1,36 15 a un►tP60T 3 0 380 6 : 95 I 9�4 S12 6 9 ,443,35 , 6 .t2,'t ?} ),03 � j t i i BMC ENGINEERING, L.LC. STRUCTURAL ENGINEERS CLIENT NexGen Energy Solutions, LLC CALC BY CJG JOB NO. 07-152 PROJECT Lucent Building Solar Roof Panels CHECK BY SHT NO. DETAIL. Roof Load Calculations REV.BY DATE 5,26q" 43. K Lf 6gK �-t2,.4a3K 5.0�`Ik - 113.2 113.25' 112;4 1j2,y�� ,,.. .. I �tv 33 I iz 60. 0 -5 0.27 _.-.__...._.......__.. . ._........... .............._..,_.........__......._..._�. '+43:35.3 x20' ..�6s' 3a'+ z.4ocy�o'+ ._o. 9k5o K - a.__.. __ K14 C64 60 ct olyl C h ab if 5 H-1Y5` 20.0 �s3 ovesres� 2-0,90 spy as 5�5� 15 C�ec K __�o p C�C'NNGe� •--� � Con�� Cm'AServu.;�rv� 1�5� �,63' int tfm-s cu5c Y oo475y4�� 6 = 454k- 40416+0A x I Z 3 1 I Ks .0 VL pis Clo x i 3. �, x 3.115, ................ .............. u;= Q 144 © MOVE a WALKWAY ❑ Q 54 REM❑VE1 144 UNIT AP OFF #334 ROOF MOUNT ARRAY PLM NEK GEN e�ea,rsoaunom we 1600 Osgood St North Andum,MA MTM wow Isome JOHMP i cr I i i 1 I APPENDIXB-DESIGN CALCULATIONS F�� NCS ONLY Roof Loading Assessment January 2008 Page 10 of 10 BMC ENGINEERING, L.L.C. STRUCTURAL ENGINEERS CLIENT ENexGen Energy 5olutton5, LLC CALC BY CJG JOB NO. 07-152 PROJECT Lucent building Solar Roof PanelsCHECK BY SHTNO. DETAIL}{Roof Load Calcul€ation5 REV.BY DATE fj-"G1rP5�FA T t P1t�i�ti;Ca c�_ lrlsu � 7oP cp Srs 32 "o t..T �,SPAcs►SG ,.r.► 3,:?is2��z�A a� � s e 0I SC ASS Mamv 6- 8 PLY L T GYPSO A Tem C� 3z � o.c 1 �t r5f BMC ENGINEERING, L.L.C. STRUCTURAL ENGINEERS CLIENT NexGen Energy 5olutlon5, LLC CALC BY CJG JOB NO. 07-152 -- ..-. --- --.... _. . ..-- _.----...... ... PROJECT Lucent Duilding Solar Roof Panels CHECK BY I SHT NO. 2 DETAIL Roof Load Calculatlon5 REV.BY DATE GA 7-f TCAUM lnC, •m g TOT 31 251A Law* Pd Style Bulb Tees— Weight MOI'in Height 5V 5'6" 6'0" 6'6" TO" T6" 8'0" 8'6" 9'0" 9'6" 10'0" 10'6" 11'0" 11'6"12'0" 158 y 1.68m 0.0170 1`!r" 92 76 64 S4 47 .. 168 1.87 0.291 2" .109 91 78 67 58 .51 178 2.15 0.353 2" 119 101 87 66 59 52 ,218 3.19.. .. ....0.598.. 2'/c ... ..... .. . 119 103_,,91 890 _72 64, 58 .....5.2 ..48 228 3,87 0.868 2'/:E 129 114 102. .91.. 82. 74 68 64, -57 Moment of Ineftia based on tees acting alone. Spans are based on three•a an condition.32`nominals spacing.For x4'nominals spacing.multiply total safe uniform load b a factor of 1.32,for4g"nominal multi 1 b 67. •' SP P P g� p 8. PY Y PY Y. For two-span condition,multiply total safe uniform load by 88,for single-span condltlon muitIply by.64. '•'Only 218 Bulb tees are distributed by Western Preproofing of Kansas.Kan sas City.MO,800.659-6577.Czil for complete information. The designedspecifier is urged to check theoretical deflection of any section,under the loads,and support canditlons which are expected to be encountered. i I ti 00 Sea 5 s . �a �� ` �� t CCS L1VE ��®C.1°91 1 Cti 16 1 t�Ure 1610. IC hnjover — Zane �jA� , sly I a�; SO s 1 Co'e- !'�er sna o J(l ©a 0.33 ere 011, 21 S l I///C/I/ - 1.I5 (0b, P. 5 w� 6 4 Qn� k/4 — 6,6 7 1 (2 1. r �.Cf 21 •51 �✓ �en�ho�s� _ • G 7'X 20 sf P -- 33 sf 1-6Y i ................. ....._... ...._... ......... BMC ENtGINEERING, L.L.C. Structural Engineering Consultants CLIENT NEXGEN ENERGY 5OLUTION5 CALC BY CJG JOB NO. 07-152_ PROJECT 1 600 05GOOD STREET: NORTM ANDOVER, CHECK BY' T _ SHT NO. 3 DETAIL BUILDING# 30 SNOW DRIFT LOADSREV,BY DATE SNOW DRIFT'LOADS(Per Massachusetts State Building Cade-6th Edition) Fpnra 161)A 1610.6 SNOW DRIFT LOADS AT CHANGES IN ROOF ELEVATION AND AT ROOF PROJECTIONS r�>b�F r1>w�saxn�-G 1.1T�o_x RK R"', u�x.us x r ru.�xti *y n(RuF on fa1:c�; iS,FYhTT[AS7: DATA;INPUT "ttl._._.__.-4 Snow DensityD 20 psf � °' �� Elltfi['R4'uF � ',H j�L'Ltitc�E Basic Snow Load Pf 30 psf I FUR T)rgx I i Width of Upper Roof Wb1 21 ft '' - Width of Lower Roof Wbi 48 ft (Larger of Wb 1,11 or Wb fight) Lpf ` `-..-.• ; i <<a , Height of Roof h,1 10 ft (Difference In Roof Elevations) LOW Roor 1610.6.1.1 PRIFTING OF SNOW FROM UPPER ROOF Height of basic snow load.hb= PtiD = 1.50 ft 30.0 psf Height Drift on Lower Roof Hd,= (1.15(Wbu)""-1.5)= 1.64 ft 32.8 psf but not more than 8.50 ft hdu+hb 3.14 ft 62.8 psf SNOW:DRIFT':FROM`UPP.ERROOF Height of Drift from Upper Roof Hdu= 1.64 ft 1 32.8 psf Width of Drift Wd= 4"Hdu = 6.56 ft 1610.6.1.2 DRIFTING OF SNOW FROM LOWER ROOF Height of basic snow load hb= PWD= 1.50 ft 30.0 psf Height Drift on Lower Roof Hdl= 0.5(1.15(Wbl)u-"-1.5)= 1.31 ft 26.3 psf but not more than 8.69 ft hdl+ hb 2.81 ft 56.3 psf SNOW DRIFT:FROM LOWER.R.00F. Height of Drift on Lower Roof Hd,= 1.31 Ift 26.3 psf Width of Drift Wd= 8*Hd1 = 10.50 ft C� BMC ENGINEERING, L.L.C. STRUCTURAL ENGINEERS CLIENT NexGen Energy 5olution5, LLC C. BY GJG JOB NO. 07-152 PROJECT Lucent Budding Solar Roof Panei5 CHECK BY( SHT NO. 1+ ............. DETAIL Roof Load Calculations REV.BY I DATE e &55VP W,6.1 w 4or 2- L=-20.0' ksi �5m A Steel, Croje 33 Pso I CaAstru('6("k I") fiSr- c y air( ".X .e as.0 o � t j _ �«t o. ois��} wa Uri L5f �42- kol'o -2- INC 0 61A ps sow pancis. F BMC ENGINEERING, L.L.C. STRUCTURAL ENGINEERS CLIENT NexGen Energy 5olution5, LLC CALC BY CJG JOB NO. 07-152 ........... PROJECT Lucent Budding 5olar Roof Pane15 CHECK BY SHT NO. 5 DETAIL Roof Load Calculation5 I REV.BY DATE K f (00�- Oil (ke t... 6 SOI,,5f = 240 r If �� 3 84- (Z 1,000)(6g.��n4) i i i .................... BMC ENGINEERING, L.L.C. STRUCTURAL ENGINEERS CLIENT NexGen Energy 5otution5, LLC CALC BY GJG JOB NO. 07-152 PROJECT Lucent Building Solar Roof Panels CHECK BY SHTNO.1 DETAIL Root Load Calculations REV... BY DATE� r7- 0610, &OVA, TR,.055 S .......... ......... ........ .......... 15TWF2o (rn2) l�- 1� ��`�_. ._.3.10 ��_�,.$.��...� 7.06 4.9 5 S.00 DCT fla!le v4A 1 (in) �,00 -------....... olq35 G. 513 Q.34 ©• S03 We ht r Wt Ob,) 4 &0 11.0 20.0 z; ......... 1,62 r Y, 2.05 1 ,56 rn� __ l^l�� -_R �. 1,25 f.....5 ......_.. 0 ` i i | | � � ` / � ! | � | ! BMC ENGINEERING, L.L.C. STRUCTURAL ENGINEERS CLIENT NexGen Energy Solutions, LLC CALC BY CJG JOB NO. 07-152 PROJECT Lucent Building Solar Roof Panels CHECK BY SHT NO. DETAIL Roof Load Calculations REV.BY DATE CG -s ex- Toss 7—z — D C�77 Dp li z (i 12 12 + 11,0x' 7-5,S6 z 5S6 o Iq.o 45.%0 4-0"a_.r�._� ._...._,._ . Y� Cd ICU - f p , 690 om �j10 XIS cl I, .:tRe I\ 5e�C �vPrr(I! o �erv55 noc�e�; 5T5 W F 10, S : 2x 10. 5P IF y e6, 6� � 1 L z'/z,<,Z/2K !/� : 2 -. toff A $ ) J G G# A 2X2 x /�} �D�RG.}: 2 x 3 ,t x I I• S D 9 reg # 41- . ..... .... __ _. ._ ..- - BMC ENGIlVE RING, L.L.C. STRUCTURAL ENGINEERS CLIENT NexGen Energy 5olution5, LLG CALC BY GJG JOB NO. 07-152 PROJECT Lucent Building Solar Roof Pane15 CHECK BY SHT NO. DETAIL Roof Load Calculations REV.BY DATE i fop C0rJ : 5T5 KLI t-zs Ir ► / z ( _ 2� 2 Cc W h� C_c - ----- fa � � 3 3 K�lr) l�� 73 i ' Ksi Ma k 0 10 J y -1L2/ZXZ�/Z� A trut. _ A= 2,3 t iA kL r.o x rx-= o.461 ry �.0S Fr49 . 1 .l [ensron r/e5 . Kl�/0 -� z4,14 — t �} �" hCs� � �y C,.C. ZO�sc E .88,11 / BMC ENGINEMNG, L.L.C. STRUCTURAL ENGINEERS CLIENT NexGen Energy 5olution5, LLC CALC BY1 CJG JOB NO. PROJECT Lucent Building Solar Roof Panelsl CHECK BY SHT NO. �U DETAIL Roof Load Calculations REV.BY DATE f�Ul�SrCC Fus$e.; �V 7-S : T$ Govfrns tie tank,) p ZgxK 291?k �,V� v Q-12 4436 a 5 PoAds @ s'C)" I USC f 'e 5arn,.e, t9etG$-S c'S [FUSS T-2 -� butc� c c��l {y i1r T!�' . [ou�•, tl✓d'� � � b ids I us 5 Ja �� v(� i k 1 I i I I I i I t I. I i _......................_.. .................... BMC ENGNEERING, L.L.C. STRUCTURAL ENGINEERS CLIENT NexGen Energy 5olut3on5, LLC CALC BY CJG JOB NO. 07-152 PROJECT Lucent Budding Solar Roof Panels CHECK BY SHT NO.I DETAIL Roof Load Calculatson5 REV.BY DATE truss es 1no ° c a ' r ! j i D -1 11 cove-(As 5 � CDe-si r 5 �.er � �.�ns,c� r � e .. Q": ;a a 2B C OO 12 f (?AtiELS . 403J° /0-o tr Co to�t U. UJ — (30psf122psf)--Xl�l16p1f .wfo s " . J �, `r 8s•re.a CalLyue Self w rim es X4:9: T � self 't' C) - (VSS C nodes - I S6 - - - STIv1,,F 4gpx fl?,n� y 80AQ uF! 3 $d STS v �3� 1 )(a .12` r�5 ,r �L Qt�Ln X �j ----ll J C r # 1 P5 $d#-�-. f P!1 X 13.12 r Z� of 4 6 /O OrfiMOuf` P3 + (I X13 I2' = 632# tl BMC ENGENEERING, L.L.C. STRUCTURAL ENGINEERS CLIENT NexGen Energy 5olution5, LLC CALC BY CJG JOB NO. 07-152 PROJECT Lucent Building Solar Roof PanelsCHECK BY SHT NO. 12 DETAII, Roof Load Calculations REV.BY DATE Co(.Cul,[e Loaks on 61te N- W Trusses : 12 P3 P4 �S X I i I �,✓i �OI E. L o*J loescr/p/link of Load- !. z ( 3 I4 C5 (ross Ser 1a/t• —- — 72( _ 1)1$x... _G 32- 1,1197- -729 : On,,[-f- , Loaf CDL+ Uso., L-, 1 6p 4r160^ 4116d 14,160 4, 160 'w 1 rosses — ToP ,6',U� Aard `b+0 5el Wt- JL z/x 2'z x' '/4 262 �^----i-,2 6 2M 1 _ lLf 0- - -- _.....:.. W i©xy s B e o.ort S do E-W Taus e5 F7,15MV6 lkuss Logos LF, IS9 iLti,362. '� 2 fLj-I,36Z S G LPW 1 J4kl l- - Un-'f�- ot u 2 6� 3S0 - 80 poll �t� g89 141,C56 55 ,o5S �31262 5,26 BINK ENGENFER RING, L.LC. STRUCTURAL ENGINEERS CLIENT NexGen Energy 5olution5, ILC CALC BY CJC JOB NO. 07-152 PROJECT Lucent Building Solar Roof Panels _ CHECK] SHT NO. 1� DETAIL Roof Load Calculations REV_BY DATE 666 ` S.os�" t3,26ZZraK F 11�.61i � (�KK-` 4 112. 58.5i'K..K_�.._2 .. 112.6 6 K a S . -3 - If+ orz Co.0` u d+ 'K F� Check Iry�_ en1 �,6 xcs� list` 0/1oVe4-11 ft 55 I! 2 0.0 , S - 2-0. 15 ar i S rl s s ps F i oa 15 ! 1 aC 00c 1 ti P i c�ns�d� c6vzse11fvf. 11 ,66 2xs` am i r J 40.416+0.00 -44y� Y/10 X54 sxt� 3 1 Ks� 0,66 (33,<s ) 0, 560 X, J _ 1q,2q G f(olkiC 3, 6K F4 N _ _ ..........-_............... ,MC Fj\IGII�IEER1�1G. L. ,''. , Structural�`f2��7i?GC7"T11 consultants CLIENT!IP5WICH BAY GLA55 CO. i CALC BY! CJG j JOB NO-1 07-147 PROJECT!NATICK MALL CHECK BY M I SHT NO.1 1.t DETAILICUKTAIN WALL DF-51GN j REV.BY! ! DATE cm xbn �IF�y 12 w (z.9,000) �� X - ------- - , -- -41. 2! 2 3 (KA/rb '23 (o 6120))' 3 2- 401 ©.4-Z + Q, 1 J 0 6q.93t< 20,0 ec 1/ C �essi bus IL .S X3 /2 % - � — 7-.0L+tr L/ /r _ 15rn 12 -49 S f is Lv et/i h care. n o ©vers 10 gess p s : ................ -... ....... ----- ....... 02/26/2008 09:40 9786820713 RC LAFOND INSURANCE PAGE 02/03 AC-08D CERTIFICATE OF LIABILITY INSURANCEOPID DATE'mm"IYYYY) EXAM-1 02/26108, PRODUCeR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE R. C. Lafond insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 396 Andover Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. North Andover MA 01845 Phozie: 918-686-3826 Pax.-978-682-0713 INSURERS AFFORDING COVERAGE MAIC0 INSURED INSURER A, rivet Keranry SaRnrR=m Co. INSURER B! Safety Insurance CcManY 39454 NOXAmp, Inc. INSURER a The Xarttord Dan Lex�r 21 Ri,ggi 9trebt SC. 209 INSURER D; North Atldover *a 03.945 INSURER E: COVERAGES THE POLICIES OF IN$URMtE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ICY LTR S TYPE OF INSURANCE KATION POLICY NUMBER PATE MII ATE M DIYY t mrrs GENERALLIIJNLITY EACH OCCURRENCE $1000000 A COMMERCIAL GENERAL LIABILITY FLOMOO1796 •01/17/08 01/17/09 PREMISES EAaeaurence $50000 CLAIMS MADE 7 OCCUR MED EXP(Any we p,#W) s PERSONAL RADV INJURY S 1000000 GENERALAGGREGATE $2000000 GEMLAGGRE13ATELIMITAPPLIES PER PRODUCTS.COMPIOPAC,G s2000000 POLICY ` NORTH 'q Town of And LAKE o dover, Mass., O COCHICMEWICK y1. A�RATE0 P �y `s BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System BUILDING.INSPECTOR THIS CERTIFIES THAT ,,.,�,..�..�. .f a ...... ..................................................................... .................... Foundation g has permission to erect........................................ buildings on .1b a 0...... ,j�{orf...................- d..../�.o� Rou h to be occupied as. 1.1. !9. t.—........... h!)7 .VO.L .A.......G........... .r...r... Chimney provided that the person accepting this p rmit shall in every respect conform to the i ms of the app lica on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough y��L Final v PERMIT EXPIRES IN 6 MO JMS ELECTRICAL INSPECTOR UNLESS CONSTRU ART Rough .......... ................................................................................. .......... Service BUILDING INSPECTi Oi t 1, Final Occupancy Permit Required t0 Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. The Commonwealth of Massachusetts Department of Indrestrial Accidents Office ofInvestigations w 600 Washington Street Boston, MDQ 02111 www.mass.gov/dia WarkeI.n Compensation Applicant InformatiInsurance Affidavit: Eailders/Contractors/Electric ans/Plumbers on Name(Buswess/Or PIease it LeObly ganizauon udMdual): Address: 2.1 �,A l G" S( SUS i f� a Oji City/State/Zip:_ �<<t n,vJ Vy111Ph �7L,:--c one.#: � � L-,700 • Are an employer?Check the appropriate box: 1.11 I am a employer with ' 4. 7 I am a general contractor and IFE] oject(required);. employees (hili and/or part-time).* have hired the sub-contractors construction 2.❑ I am a'sole proprietor or partner- listed on the attached sheet deling ship and have no employees These sdh-contractors have working for me in any capacity. employees and have workers' 8' Demolition [No workers' comp.insurance comp. insurance.: 9• Bufid ng.addition 3.❑ required.] 5. We are a corporation and its 10.0 Electrical repairs or additions I am a homeowner doing all work officers have exercised their myself [No workers' comp. right of exemption per MGL 11.0 Plumbing repairs or additions insurance required.]t c. 152, §1(4), and we have no 12.0 Roof repairs employees. [No workers' 13 Other i OVC�TA�L comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this a$davit indicating frey aro doing all work and th=hire outside contT—tars must submit a new affidavit indicating such. +Coot o tors that check this box must attached an additional sheet showing the name of the sub-contractors and state wh=thc or no employees. If the sub-contractors have employees,ploy ,they must provide their wor kers'comp:policynumbcr. t those entities pave amOn Mployer that is providing workers'compensation in information. urance for my employees. Below is the policy and job site Insurance Company Name: LOtiLD Policy#or Self-ins.Lic.#:' OS CJ�C6Z i-1`lg 35 Expiration Date: AI(Tog Job Site Address: . City/State/Zip: N.ANvoa(L my OI o-6Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead totheimposition of criminal penalties-of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Oaf—ce of Investigations of the DIA for insurance coveraee verification. I do hereby certify under the ains•and penalties of perjury that the information provided above is true and correct Si atur`e: Date: "I[ /110c) Phone#: j78 5�2'L —' [6,. icial.use only. Do not write to this area, to be completed by cuy or town official y or Town: Permit/License# ing use (circle one): oard of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspectorthertact Person• Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every p=rson in the service of another under any contract of hire, express or implied,oral or written." r i An employer is defined as"an individual,partnership, association, corporation or other legal entity,of any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee-of an individual,partnership,association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the.occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on.such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152,§25C(6)also states that"ever state or local licensing agency shall withhold the issuance or renewal of a license or permit to,bpera`te.-a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of co mpliance with the insurance coverage required." Additionally,MGL chapter 1,S2, §25CO)states'Neither the commonwealth nor any of its political subdivisions shall enter into any contract for.the performance of public work until acceptable evidence of compliance with the inmr=e requirements of this chapter have been presented to the contracting authority. Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary, supply sub-contractors)name(s), address(es) and phone number(g)along with their certificates)of insurance. Limited Liability Companies(LLC) or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If.an LLC or LLP does have employees, a policy is required. Be advised that this affidavit maybe submitted to the Departinent of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law:or if youare required to obtain a workers' compensation policy,please call the Department at the number listed below. Selo-insured companies should.enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sureto fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating cusent policy information(if necessary)and under`.`Job Site Address" the applicant should write"all locations in (city or town)."A copy of the affidavit that has been.officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related-to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.) said person is 1-40T required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Deparnnent's address,telephow-and fax number. The CoMMonwealth of Massachusetts Department Qfdtzstral Accidents Office of Investigations 600 W&%hingt= Street Boston,IIIA 02111 Tel.#617-727-4300 ext.4W or 1-877-M ASSAFE Fax # 617-727-7749 Revised i 1-X22-06 _ t wwv.mass.-gov/dia i I �'' : ✓/xe Vr omvmoaeusea,�tf o��/�oaar�,uaeCld s� Board of Buil, dmg Regulations and Standards Construction Supervisor License 13, License;,CS 98287 Expiration: 11113_/2.011 Tr# 98287 ' Restriction:'-()Ul JOHN LAGASSE 14 ANNAPOLIS WAY WEST, -�- —� NEWBURY,MA 01951 Commissioner I NexGen Energy Solutions, LLC Invoice 21 High Street, Suite 209 Date Invoice# North Andover, MA 01845 2/13/2008 1108 Bill To Ship To Orit Goldstein 1600 Osgood Street,LLC 1600 Osgood Street North Andover,MA 01845 P.O. Number Terms Rep Ship Via F.O.B. Project 50%Due on receipt DWT 2/13/2008 Freight Osgood Landing,67 kW PV Quantity Item Code Description Price Each Amount 352 ES-190 Evergreen Solar 190 Watt Solar Module 712.50 250 800.00 1 PVI60 KW PV160 KW Grid-Interactive Inverter withi -m s de ounted AC and 27,880.00 27,880.00 DC Disconnects. Fused DC Disconnect without sub-combiner 2 String Combiner String Combiner Box,includes 11 fuses 750.00 1,500.00 1 Racking System PV Racking System,PanelClaw Flat Roof ballasted 40,128.00 40,128.00 1 Electrical AC/DC Electrical Components,including wiring,junction box, 18,000.00 18,000.00 conduit,etc 1 Soltrex SolTrex Logger(Ethernet)w.3-yr web+3yr MA PTS reporting 1,219.00 1,219.00 service 1 Shipping Freight for all above items 1,500.00 1,500.00 25 Engineering,Struct... Structural engineering stamped plans for roof loading 125.00 3,125.00 10 Engineering,Electri... Electrical stamped one-line plans for AC/DC PV system 175.00 1,750.00 1 Labor.Electrician Licensed Electrician Labor 25,000.00 25,000.00 352 Installation PV Syst... PV System Installation 50.00 17,600.00 180 S&A Utility interconnection and commissioning support& 75.00 13,500.00 administration,includes MTC reporting 1 Interconnection Ap... National Grid Commercial Interconnection Application 300.00 300.00 (systems over 10 kW) 400 Permit Fee Permit Fee,Building 12.00 4,800.00 1 Permit Fee Permit Fee,Wiring 125.00 125.00 45 Thank you for choosing N Geu as your renewable energy integrator. Total $407,227.00 Jct ��5�1� -- ��'J 1 I II I `- _ Ciofolo, Angela From: Michael D. Rosen <MDR@riw.com> Sent: Friday, September 18, 2015 8:13 AM To: 'attymanzi@manzilaw.net' Cc: Ciofolo,Angela Subject: FW: Notice to Town Boards and Officials Al, I appreciate your copying us on the recent correspondence from the Planning Board. To put it in its proper context, after reading the ZBA's decision,they Planning Board apparently realized that they failed to give immediate notice to the other Boards as required under the OSGOD Bylaw. As a courtesy, and to keep the ZBA informed on this issue, please see below recent correspondence with Town Counsel to discuss this issue. Thank you for your prompt response to Jean Enright. Michael Michael D. Rosen, Esq. RUBERTO, ISRAEL&WEINER, P.C. 617-742-4200 mdr@riw.com From: Michael D. Rosen Sent:Thursday, September 17, 2015 12:05 PM To: 'tju@uf-law.com' Subject: Notice to Town Boards and Officials Tom, An issue is developing with regard to the Planning Board that I believe will warrant your attention. At the continued hearing on Tuesday September 15, it was implied that the PB would need a further extension of at least 60 days in order to comply with Section 17.13.2 Circulation to Other Boards. It was also implied that this was an obligation of the Applicant and somehow the Applicant failed to deliver an adequate number of plans for the PAA to distribute. Right now,the hearing has been extended until October 6th, and the deadline for a written decision to be filed until October 13th. As the plans are (hopefully) being distributed today,that would imply that the PB is going to request an extension until either November 17th or December V. My client is not favorably inclined to grant such a lengthy extension (at this time). Jean Enright is sending a cover letter with the materials telling the Boards that they have 60 days, but that their prompt response would be appreciated. Despite our request,she is NOT telling them what the PB deadlines are. I see no reason not to,other than so the PB can try and force an extension from the Applicant where one could be potentially avoided. 1 _ I I would also point out: 1. There are no written regulations specifying the number of plans to be submitted. 2. At the time of Application, we were instructed by the PAA to submit 1 original and 9 copies. We did. 3. At no time prior to September 15 were additional copies requested. 4. The original application and plans were filed March 20, 2015. 5. Sec 17.13.2 requires that "Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to...." 6. The PAA did not, and as of this email(6 months later) still has not. 7. Section 17.13.2 does not provide that any or all additional materials submitted after the initial application and during the hearing process also be submitted to other boards. I understand that the PAA wants to address an error that it made in failing to immediately circulate to other boards, and I can certainly discuss with my client whether there is anything we can do to assist in remedying that error(for example, in addition to providing multiple sets of extra plans Tuesday evening,we are couriering over additional extra plans today); however,there is absolutely no reason for the PAA not to advise the other boards of the error and the pending review deadlines so that there is a reasonable and good faith chance that comments can be received from those other boards on or before October 6th I would respectfully request that you advise Ms. Enright to include the specific deadline dates of October 6 and October 13 in her correspondence. Thank you Michael Michael D. Rosen, Esq. RUBERTO, ISRAEL&WEINER, P.C. 255 State Street,7th floor Boston, MA 02109 617-742-4200 mdr@riw.com II 2 OZZY PROPERTIES, INC. SOLAR DEVLTLOR EIVT ^knu �' '- •� 1600 OS6!00,0 STREET (ROUTE 125) ('ASSESSORS ffAP 34 - LOT 17) APPLICATION FOR PLAN APPROUL— PLANS AND DESIGN HAVE BEEN DEVELOPED IN ACCORDANCE WITH THE PERFORKANCE STANDARDS SET FORTH t _ IN SECTION >7. OF THE NORTH ANDOVER ZONING BYLAW o-� LOCATED IN NORTff ANDOVER, ff,4SSACffUSETTS 0,4TE.• MARCH 20, 2015 REVISION .>: AU01IST 28, 2015 �/,4 �� - APPLICANT.• RECORD OXAWRS.- (�/ 1 �' �" *a OSCOOD SOLAR, LLC OZZY PROPERTIES, INC. % OZZY PROPERTIES, INC. 1600 OSCOOD STREET // 1600 OSCOOD STREET NORTR'ANDOVER, AfASSACIIUSETTS LOT. NORTH ANDOVER, AfASSACIfUSETTS IJWO �r!� ' /�' b "• �' ti ' ' SITE CIVIL ENGINEER.• SITE SURVEYOR.• MERIDIAN AWSP ASSOCIATES TRANSPORTATION S O'FRASTRUCTURE F ` ' "�'^.y •� { ruo.��w,E.n,owww":��95..N..d.ar�., Na n.n.,v.>oso 165 MAW DUNSTABLE RD.9UTTE9 120 @ 185 N HUH NEWS RAMPSIBRR 03060 r' �"1 � � .'.� "�.`'s�� '� / ,{.�� '"�j �� ,: !. DR9IPING INDEX.• SHEET/ C076R SOZET G LOC(/S CONTEXT YAP SHWT S RECORD CONO/T/ONS PLAN OF LANG �• § .. ,lQ '� s�.�'}}h�� ..�. SHSSTS RECORD COND/T/ONS PMN/ v SHEET 4 RECORD CONDIT/OA9 PLW P LOCUS CONTEXT AfAP.• s//EET 5 RECORD CONOIT/ONS PLAN 9 SHEET 6 "Cc"CONOIT/ONS PLAN 4 GRAPHIC SCALE Scn�s._�ro• SHSST 7 SITS OPERfTEA'SHEET FEET Sao 0 250 500 ,000 2006 SHABT 8 PARMIC M)9OT PLAN/ SHSST 9 PARTING UmVT PMN 2 MEIFRS 0 5D l00 20o 4'- cao SHERT/O PARE/NC LAT06T PMN 5 SHEET// PARA'/NC LIMIT PLW 4 SHEET 1S SITE OT/LIT/ES PMN/ FOR REGISIAY DF'DEEDS US c SHEET/5 SITZ OT/L/T/ES PMN E APPROVED BY.• NORTH ANDOOVERVER PLANNING BOARD sASST/a SITS OT/LIT/sS PMN 9 SHEET/5 SITE OTILITIES PMN 4 SHEET/6 SITE MYOUT d AUTERMLS PMN/ TOTAL SITS SArSET 17 SITS MYODT d AGTERMLS PMN P CAPACITY SHEET/8 SITE M1DOT d AUTERMLS PMN 9 6.OMW AC 4 p,p,Y wF mxx p,Nmnr SHEET/9 SITE M1DOT d HATERMLS PLU'4 wu k0r r mY�A�r nrx�0 ew SHEET YO SITS ORTA/L SHEET N 5 601! 0 —Al Ar INF CFAC£�Na NO�Naa�fX R"'r'"mvi�xO RFc�c°�sua'"r"xon¢c.n xFxr�Fax w p FOR PERMITTING ONLY NOT FOR CONSTRUCTION �,�,otter arF .,H13 PLAD.r, P . . 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METERS B 10 10 I4 0 SUMree er ES.FW,4e,W,JR NAROH CL V r i n 30.2.11111-1 .e�eea 9y orl scu sneer xo. 043098-002-3-- 4o,— i 7 MEnFBT CE9NY TM T ME P90PExtt 1NE9fOxH HFAEOH JRE ME lWE9 U1NpNc EnSTxO MxT 1w x[w uxEs Eta RwneN W Ep5m0 ,Y/ ni1. wa ME SnOYM. ttca0Mr2 wM mE xu1E5,.x0 � i�_-__._,_ cMAntwS Ew xCfamxc Ai M xCgSMY 6 ca.Os �.i GRAPHIC SCALE SCALE.'1'+10' T` FEET n LOCUS p,s MEIERS 0 ]0 20 40 6C I, ® — — maA. x e� J� A LOCUS MAP, I ® \ �0 1 1 I ° \�� _ FOR PERM=ING ONLY, \ M1�-� n•.,.,8 a w NOT FOR CONSTRUCTION i m I REFER TO SHEET 2 FOR ua / l/ / •/ ® ( ® 1 ` GENERAL NOTES AND / �s (/ // \ l �i^J�• ,,,,, • , 1�t LEGEND I i I _ 34 LOT 17 (�5� T 00 wxsAlBun+ncx� ( NOW OR FORMERLY 1 1 1 Im OSGOOD PROPERTIES, BOOK 8213LLC PAGE 272 " I ° 9� I � � � �,� l • t 1 \ , 1 i OE - I _ W -' " \ II 1 1g IE 1 I •�, / \ Mnu¢x"x"xomawman v i RMSION — p `1 \ �� MTE BEsrwPnBN \"""i OB/2B/u ABBEB SHEET B RECORD CONDITIONS PLAN OF LAND 1600 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS PREPARED FOR OZZY PROPERTIES, INC. / \ \� / •---% � � "�� ``/ // % r,BBBPon,•Woo a 1Bt,BBeTM°w,e // / \\ ¢. � tel' //5�i� / /� �j � �� //�/ '�� 15f Male OenaWa na.suBs tmn x.xaMv�.w1LLW•6D]3&t1ooD ec By ES,BM,BN,LM.JR MARCH 20.2015 14]0098.002 ed By 0JH Stele 043098-002-3.dwg B°°xxx°. c-1038 1'—40' Sn�x°. 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METER Y NOT FOR CONSTRUCTION 08*w"BEEn wu +R�rsxo. ...... ° L-j Bo�s Rn ocscR WNW m BI -I- SHEET No.a7 OF 20 PROJE1-1 CT NQ. 5723 08/28/2015 '"�`�� I / 1 r t : c . zo �•� � z LOCUS ox r I aorT.o -_��•---�- � /'P __- �`_ A/. �"^ IOCUS MAP• I .. ��' a V� �� i '.°�_`_ mJ �.- `` /NE II•''. UWML,M PARKIN SPACE AND AISLE DIMENSIONS FOR PARKING LOTS STALL SMU OFP Lo- 61 6>J OECR£ES 9' J' 11' T. I� ,� �. I St+r"'MNO ��/,p_'i�:rte-_� ``'LaK"V ,� /11. .`,. �^, /III •AQAx 9• 1B• 0151/ ( ). \ u' TOTAL SITE A� � r'-J f,-� ( F _ _ ._ � J � '•,i, CAPACITY \ i; r 0 = t i• "OSGOOD LANDING" `d P'' \-- --- ®� '1 J 5! / r 1600 OSGOOD STREET (ROUTE 125) FAR REG6MY OF A£EOS OSE ONLY --^� \\ j PARKINGD�ATED LAYYOUT PLAN IN NORTH ANDOVER, MASSACHUSETTS t..�� ..k.-r�' { �•, / �� (ESSEX COUNTY) PREPARED FOR REFER TO SHEET 7 FOR OSGOOD SOLAR, LLC GENERAL NOTES AND GRAPHIC SCALE RECORD OILNER.- SCALE:1 60' DATE:MARCH 20, 2015 LEGEND �`""''-`°' ""`SEE'"; MERIDIAN EEET so ° '° GO I3o 110 "`"M AxP°.Ex.NanAORnEr,s°'" ASSOCIATES FOR PERMITTING ONLY, METEas o ro 10 -�l °�' �q� r RENS/ONS s °°°cv> sc,rrm.surrs r,9,re°o:Wou ..s,�,i� - ®p®p f�C{7 wg oiv•+.aa" ,m.°vnw+ecwl:n:,m°v` NOT FOR CONSTRUCTION AG e e Is RELACA@CANWIES Acc Rew B8�°� s1R1O1AV �O' AWL.Na nv-vrE Na. — DESCRIPRDN er aK'o SHEET No. B OF 20 PROJECT No. 5723 08/28/2015 "" " LOCUS % OPD SIMT Fit MAP, 'p—woOxE k _4 n it EX/STING LIGH77NG AND ASSOCIATED E.,Ilk WIRING KITHIN THE SOLAR CARPORT FOOT - PRINT SHALL BE REMOVED. REMOVAL TO 4, BE COORDINATED WITH PROJECT MEP t t- G YF o., ic, ti— P0X11 1 SIL/SACK DETAIL it, 3. F—T—OT—AL—E-I—TR 1µ 1111 "OSGOOD LANDING" 1600 OSGOOD STREET (ROUTE 125) SITE UTILITIES PLAN LOCATED IN NORTH ANDOVER, MASSACHUSETTS (ESSEX COUNTY) --m 4z OSGOOPRDEPASROEDLAPROR LLC REFER TO SHEET 7 FOR RECORD OWNER: SCALE.- f"=60' DATE MARCH 20, 201 GENERAL NOTES AND GRAPHIC SCALE LEGENDD omyNDF=,- -w MERIDIAN Far 19 D9 —WZ'-- ASSOCIATES FOR PERMfTTrNG ONLY, REVISIONS D I� �o NOT FOR CONSTRUCTION MEIERs PrinDA iE SHEET No �a D"O PROJECT No. 5723 08/28/2015 1 + _—' p°Jja.S �r1 LOCUS MAI �.% i fivu-- '_ '� c wNmn - 4 y- 'i�/ + �•a \t C: ``�'t " J � fy w,2t ,/.X a � tlss ��,i�- �°•1 -�\...�(' t\ 1 \ ` e�04°� V\t ,. T .... - 1- 1 /�\, \If\ \ \ "J",�1 \ o� OCUS MAP.• / 0 SILfiAf'w Er( 10) d J \\. £ � Viµ,ON oE -,__��t,;t:1 t�tiP \, w Vii^ \ \C, 1 \\r \\ / '\ q -.ss°• �V I��-+�+hJh`at J Ira�tilti t r1. L 1 r Ci{h t1S\i*htrt 1 nal Ell '73 / ��`("-�•'� 1 n } r kC�r ''rrllL \ 1 w\ \ @� r rte. :� _\ �.+S1tr r�Lttl t+}fit; + 1 t 1 w � tf x trt aC7� ,\-�t L S tt sat�ta.1 y t ,t 1 \ 1,.tv` I y 1 {.. -•/ / ? ^� �� \'1 i it + ) t`t�y.;>�t \ , t \ \t 1 �Sr+- {:• , ,1 \�t tt 1 t1 +\.` k C` IV, Vv •_Rc't~}`�`T`1l:}_\v`��v,,,,�CF avn��e\1 _+\I�_.L{41�;i`.\;;�;t*t\1k`�-`tyt"t O�It\'lxlyyt.�+�t:ott\s��y\rIt\1{Jt`S,i+\l{t\p„s-E�°f+1Q''"4�h St)ai15}n�t°ti4�tmi`1t1,i�\n;�1L\tttt1,1�yl{;Citt.+tj+�\1L,t\1'tt} {�\'I1,ffL��tt�t:5'\i}l Tr'er\t++\\0 1,• `t't\I,1 wII\q.ri` • / EXISTING LIGH77NG AND ASSOCIATED WIRING WITHIN THE SOLAR CARPORT FO O T1- ` ` Ai{i PRINT SHALL BE REMOVED. REMOVAL TO �_ :�- BE COORDINATED WITH PROJECT MEP J, ;, "•, � t \; t1� \tt�fi!r t kL}\tt;. \ -4 .� \LG �Y >i _ -- { 2-s INVER '' A g, aN SxEEr la) tlil TOTAL SITE CAPACITY 6.OMIY AC �� .F Js «`rt.;%�aM1,',i�1..J,}fit\ t++u\�+r, _ ✓,,,ar� IIV JJ� i "OSGOOD LANDING.. 1600 OSGOOD STREET (ROUTE 125) Fpp R£G51RY LKEnS USE OMY rQ Q ` -` '\.\ \t It SITE UTILITIES PLAN LOCATED IN ✓"J r — I > I NORTH ANDOVER, MASSACHUSETTS �J„�..�•^' I wF v( /± / (ESSEX COUNTY) PREPARED FOR OSGOOD SOLAR, LLC REFER TO SHEET7 FOR RECORD ONNER, SCALE: l"=400 DATE:MARCH 20• 2015 GENERAL NOTES AND GRAPHIC SCALE LEGENDMERIDIAN PEE' +° ° .° ° R° RGR "°°� US NESGws ASSOCIATES /� s° Y RENSIONS FOOT FOR CONSTRUCTION PERMITTING ONLY, MEIERS ° 10 ° ' I e�cvmi°IOdery:UWww wssmoewcx"�...°Ux ssrta Na ze a REIOCaiE C.WOrlES aCC REW m.Fa O •ss«.can"' �n1�� ">nv-vrE Ra DATE oEscwlrnw wxn n t SHEET N.. 13 OF 20 ^"PROJECT ND. 5723 08/28/2015 I.. .......... Ar to O -3 0 P, ENN�V\ Z LOCUS MAP oli T A Jl 2 N XIP 2. q EXISTING LIGHTING AND ASSOCIATED WRING WITHIN THE SOLAR CARPORT FOOT 9 gig . PRINT SHALL BE REMOVED. REMOVAL TO BE COORDINATED WITH PROJECT MEP an W ED Eo� 212 6.OMW AC "OSGOOD LARDING" 1600 OSGOOD STREET (ROUTE 125) "DR-1-1--y SITE UTILITIES PLAN LOCATED IN NORTH ANDOVER, MASSACHUSETTS (ESSEX COUNTY) PREPARED FOR REFER TO SHEET 7 FOR OSGOOD SOLAR, LLC GENERAL NOTES AND GRAPHIC SCALE REDORD OMER, SCALE: f"=40' --DATE,MARCH 20, 2015 LEGEND OZZY MERIDIAN FEET 'o =,a Z.- Z3 ASSOCIATE S FOR PERMITTING ONLY REWSIONS CONSTRUCTION A4E7ERS NOT FOR COMSTRI F-, 1 _,D SHEET 11 OF 10 PROJECT No. 5723 08/28/2015 i mmom pq NNEW -MRS LoCUS --cr LOWS HAP, k- REFER TO SHEET I FOR N. GENERAL NOTES AND LEGEND FOR PERMITTING otrLy, NOT FOR COIVSTRUCTIOA, so"Ar.W.—71 'A .01,--t1- 11, rs 0, Jv� EX/SUNG LIGH77NG AND ASSOCIATED WIRING WITHIN THE SOLAR CARPORT FOOT Ina PRINT SHALL BE REMOVED. REMOVAL TO 111 sBE COORDINATED WITH PROJECT MEP 'ell TOTAL SITE CAPACITY 6.OMW AC "OSGOOD LANDING" 1600 OSGOOD STREET (ROUTE 125) SITE UTILITIES PLAN LOCATED IN 211 s. NORTH ANDOVER, MASSACHUSETTS r ;�i (ESSEX COUNTY) PREPARED FOR OSGOOD SOLAR, LLC RECORD OMER, SCALE: I"=40' DATE:MARCH 20, 2015 GRAPHICS LE MERIDIAN FEETDD N n�A�s°IB,s 2D 1 ASSOCIATES REWSIONS D r ca ft 9F_qh r n t 20 PROJECT No. 5723 08/28/2015 SHEET 1. 11 01� REFER TO SHEET 7 FOR MINIMUM PARKING SPACE AND AISLE d•�' '� •' 11..• r. '- 1\ \'1 , 1-, 1 \\!+\, '!,_\ DIMENSIONS FOR PARKING LOTS y9' 1+l\+'�'\\;ii�?:it%1^1...._- _,,,r`rr'\,�!\1\1+,\\!�y.l.'..a-�'.l%—i ��W'� `fib• nstrz°ci'•• 7RNN6l1��,�;, U 1 1±a � 1\ ' 111 _�ty T� TONE �� D LOCUS RESNENnN-U .-f'C 1�.,'\;�\I it i;'.� 'y.\� � _ ,'\,, 1 1 j !1�-'• eyxEU' o", LOCUS MAP., .._.r Z .y _ C l -Y' `/ •- �� ' � � � - � � ice'-'' LAMER mNl + S65 �Po = 1 will J 485. 'J 1PA FRN o dDu Pp SW PANfiB 1 DI l 1 TOTAL CAPACITY SITE 6.OMW AC \ \ ® J OSCOOD LANDING" 1600 OSGOOD STREET (ROUTE 125) FpP REGIBDtr DF DEEDS US£dllY SITE LAYOUT & MATERIALS PLAN LOCATED IN ® NORTH ANDOVER, MASSACHUSETTS .% (ESSEX COUNTY) :?I PREPARED FOR REFER TO SHEET 7 FOR OSGOOD SOLAR, LLC GENERAL NOTES AND GRAPHIC SCALE RECORD OMER, SCALE'1"=GO' DATE.-MARCH 20,2015 LEGEND scuE I•-s0• urINn FEET BD D JD RD I 2, HAD NDD . AS=D E B DIB, MERIDIAN ►�"�qS� o ASSOCIATES FOR PERMITTING ONLY, METERS o to zo ,o �' �' REVISIONS NOT FOR CONSTRUCTION 8/2B 1S RELOCATE CANOPIES ACC DESCRIPDLW By wu'D SHEET No. I6 OF 20 mAB PROJECT No. 5723 08/28/201.5 LOCUS P55M,l sr° lRo- 0 rw sTwpo LOCUS MAP, 66 p (NI —7 coo 21 V, 21- _, gnu Ja0 r—T-0—TA—L-9-1—T—E—) CAPACITY I "OSGOOD LANDING" 1600 OSGOOD STREET (ROUTE 125) SITE LAYOUT & MATERIALS PLAN LOCATED IN NORTH ANDOVER, MASSACHUSETTS xf, (ESSEX COUNTY) PREPARED FOR OSGOOD SOLAR, LLC REFER TO SHEETRECORD QlWf& SCALE. 7 FOR I"=40' DATE,MARCH 20, 2015 GENERAL NOTESrtS AND GRAPHIC SCALE LEGEND MERIDIAN FEET 4 1 0 F;ft Mm ASSOCIATES REWSIONS FOR PERMITTING ONLY, 1 —1-1-1.1—., ..... samnrm area CONSTRUCTION j o°""1'° V'-"' —UTaTurr I n t17 OF Ahl, 'T 0, COlTR PROJECT No. 5723 I NO.I DAM I oM�l SHEET ..T 08/28/2015 , L LOCUS i \ \ 1 { � \ 0• rooa S 1 1 , , r PMKRF ro (M7 p3.t \ t REM ) ,; ,, t P^RPM rYP),1 tt zs.Y ' &00 i PR It • MtF]�0.�•� a�i � 1 1 1, 65K ( ,t '1}� `+��` � ��t 33.0 .. 1 pPR0.v( HH 1 ,NKIN6 Nc ro Pw�) :: c ,SKI ( xu res En3RN� TOTAL SITE stuK P�pN6 Lor CAPACITY "OSGOOD LANDING" i 1600 OSGOOD STREET (ROUTE 125) raa REcrsiRr oP oEEos usr oRcr SITE LAYOUT & MATERIALS PLAN LOCATED IN NORTH ANDOVER, MASSACHUSETTS (ESSEX COUNTY) PREPARED FOR REFER TO SHEET 7 FOR OSGOOD SOLAR, LLC GENERAL NOTES AND GRAPHIC SCALE RECORD ONNER. SCALE 1"=40' DATE:MARCH 20, 2015 LEGEND SCALE..1'-.0• OZIY nRERnE�EEI MERIDIAN FEET 40 0 40 60 60 SRR X99 fR,M^ SEm PrH.s ASSOCIATES RENS/ONS FOR PERMITTING ONLY, METERS o m ` a,o ecc '0°reeve oxime'n e xs ��i�6 vuoue:leeaImonsn NOT FOR CONSTRUCTION H/zH/Is RE\oCA1E cARmrts REw SHEET No. 18 OF 201¢ ^x PROJECT No. 5723 sn�-v¢ Ro. oA1E OESCRIPR0.Y er aaro 08/28/2015 sag j{T \ 6T �000mpppmmm mopo m� �mpmm�mmp ©pmp © `� _ `. LOCOS cr \ i { '1 4 it i 'lyt ©O�op�pcA✓mpp poo \J ©o pp© .mmppmo mrr,>o IM wBM�B+�nc 4 oD Hm r l { \ \ { 1 l \ 1 r .�•t ; 14 4 � l 1 4 1 \ REFER TO SHEET 7 FOR t 1 \ \ l 1 \ GENERAL NOTES AND i l t i t i 'a 't i \+ ; LEGEND FOR PERMITTING ONLY, I NOT FOR CONSTRUCTION ; 114 i ; ++, I + f 1 1 V ' 1 f f { '1 V�^ix aeiv'er w10 1 1 t t { l { t f \ a µiwfn-441It s,. +'\ t i ' \ t 4 1 1 \ t \ \ / 1 1 iX 4 + \ P, i "OSGOOD LANDING" \ \ 1600 OSGOOD STREET (ROUTE 125) FOR RECISiRY OF DEEDS US£ I / \ 1 i SITE LAYOUT & MATERIALS PLAN ONLY _. Bt zrB \ 1 LOCATED IN 11 \ s` NORTH ANDOVER, MASSACHUSETTS .i "�"�'• I 1 I la t (ESSEX COUNTY) ' PREPARED FOR 1 1 1 \�'\ OSGOOD SOLAR, LLC 1 \ \\ RECORo ewNER: SCALE: I"=40' DATE:MARCH 20, 2015 GRAPHIC SCALE - le '1' +\� my MERIDIAN MERIDIAN SCALE I`�40' \� NDPM ANOOl2R MASSACHUSClIS OIB43 FEEr1 1, 1_ ASSOCIATESmo, 40 ° mD REVIS/ONS oe`cn uia rn ... mns.ece vvem METERS 0 10 10 40 60D942 rl nes^ oue l°e� As�xcon u¢(.m�n�'ro,o of r e/ze/IB RELOCA IE CANOPIES A. REw SHGET N°N 19 OP 20 PROJECT ND. 5723 Na ND. OAIE OESCRIPiION BY CHK'D 08/28/2015 _._......,..., PY umur(1 - Au cau/Mx AssrMetr _I W REGsmy o<OEMS USE ONLY Naw ^a FIFVA770N o •+ y NEWzo �RP Ln rs L£mrnorBw'm»eLNAa`c�re/� Jr L�— !-__ Morro A) I-zo•-r.-Tr--.) —r--- z• B 8'° M Aau^LssnLE s �— — _I ❑ "APPxw�f w e �_ — PArrur..r MARe�Nn L AHMCM PARKING Ax0 9wACE WALL BE � /DR F -— — — — PLAN sNFW LAN 5 MD RECL2Anws or mr — (NOi ro IF) ih—e9.a—�1 FwIIE_ ACGL55 B0.4PD. —WA BE LCCA IE° 7YPMAL PROPOSfn INVFAIFR '-I sB�r�xxor eE mscuvm Br A Kln�paRxm M (OR APPROVED EQUAL) SEC710VTNFW �. Mor ro seALE) (rror ro se.1 me A . EMum�'-P°'� Lam'mE 515TFM5 9M[L eE aysiaum aN CDNCRE2 TY'R/GAL PRQ°OS_J 1RANSFORMER (OR AP, S.EQUAL) lNsmucncws ANB��uEnroAn�s Acmams ( wt) oCCE55/grF gGNAC•E AND PAL:mENT MARX/h C. (nor ro scA ro RE A - 0 .'EXCAVATED MAIFFIAL MARx SCRADf TS.S• uxPAum R � PA— I zr Nw-.nxnAR casr � CC°M+ rAPE s'11 vA (.e•M uoA.n r y .riv novrm"w •M(^`.1 m I m� / E�mmrwL ux s Ec mREcnr AeDOE sD F I sraNOEMc axD ,�. . sroRlnc As Porznnu s•sw.° ^ � i i 1 w. N REBN/R- PrcDwDD/,sfw mrC-11anauRacn Li IS 9rrAP- � PRwosr B l- Ma1FFIAt ro BE PFDNDN _ muf BrPRD�DrMpPRRero i E �— nul• �� m M D5R°DD P/0 A II rm/wt r0. I PawrEn eLE-Pumin 1SP/GAl!'ONDUIr nrENCN DErA/L rR°v AgwRCNpem ro wt Mor ro scA RrsER xw rvvcA � Ertt sPrPOwnw w erau roP c cwrwrr wA<Lwcw+snr cr NARD,avRABLE xrc`rRAe eros]DUDETozorz eeasMc - TER 'AL AC CONDUIT NnrE sEE srE puxs rw txAnO.v oT ALL PALEMENT smiPMc n� NA o OM[RD /E�WS MARRIaLS sort TRENCH DETAIL KLE mr unESJ swAu Mar ro swtE) PARKING AREA PAVEMENT MARKING I AmiN^ER pusrcE N'E AccaEw r�mA.suAu. TCAPACITY I =,WA a�ms a errs°�mE iseB MAss Mot m scALE) SPEPDw B21 A wArs Axri BmocEs s[crTw M..ozozA(zDi 6.OMIY AC a� I rn i gEuRrm ra�oh�w)ABAAcwfcArr Mawr wills I Assn/BLr a �%' "OSGOOD LANDING" .9-T.'rACLwwETE CDWNx .' rMSDND wADE rME so » A`MB�DDDmw TneN-L Krs 1600 OSGOOD STREET (R OUTE 125) o = B PDETAIL SHEET = ——DE 11 11 ILA-1 LOCATEDIN AcNBl M M°_Mw-mIa LDDg u rs ro Ai = NORTH ANDOVER, MASSACHUSETTS Rnumxm c^iinue-11 AA -ur¢A''ML ores ruip (ESSEX COUNTY) r ryrouTm AAVLmrccwPAcnavJm A acTsPa crzwi°o O PREPARED FOR 15rVWZ OSGOOD SOLAR, LLC -r-e RE Q X11 SCALE:AS NOTED DATE:MARCH 20, 2015 DC CONDUIT MERIDIAN PROPOSED SOLAR CARPORT TRENCN DETA/L x Ae !DD so iff °ASSOCIATES (xar ro scue) RENS/ONS Draft E o°a vu.vR1O:evice n: weneoeov o'"nss:°iuie�°'ra � s/oza/is x sNEEr R o SHEET`NoPt'200F 20 v'9m PROJECTNNoeev5723e1e 08/28/2015 a g •I s COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION Building Conservation Health Planning Stevens Estate Zoning TO: Board of Selectmen, Chairman Board of Appeals, Chairman Board of Health, Chairman Conservation Commission, Chairman Fire Department,Chief Police Department,Chief i Building Commissioner Department of Public Works,Director I FROM: Jean Enright,Interim Town Planner DATE: Sept. 17,2015 RE: 1600 Osgood Street,Osgood Solar LLC Application The Planning Board has received an OSGOD Permit application. Per the Zoning Bylaw, Section 17.13.2 the Planning Board,acting as the Plan Approval Authority,must distribute and seek reviews of the application from the Board of Selectmen,ZBA,Board of Health, Conservation Commission,Fire&Police Departments,Building Commissioner,DPW,and other municipal officials. Attached is a copy of the application and associated materials.The applicant proposes a f rooftop and parking lot canopy mounted solar photovoltaic system. The system proposed includes roughly 19,500 solar modules that will produce up to 6 MW of power. The system I includes approximately 5,500 rooftop mounted solar modules and 14,000 carport canopy mounted solar modules on structures approximately 39' wide, approximately 21 rows, and 150' —630' long. f Please forward all questions, comments,requests for more information and other thoughts to me at the number or email below. The time period allowed to submit comments is within sixty(60) days;however,a prompt response would be appreciated. Thank you. i i Jean Enright Interim Town Planner 978-688-9533 jenright@townofnorthandover.coom G i i i 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com i E • F-i-EC NEDi.�•It: t5 �R 20 A�10�53 Town. of North Andover Plaming BBgTo 11 WIN Milm' 'Irp"I' M 4'c� ! o,�tl ot� MK55ACtiU�Ct Please type or print clearly; . I 1. petitioner: 05ko 3 Address: thpo M6 AtjW62, ' Telephone Number: r1-001-1- 2. 1- k 2. Owners of the Land: Address: Telephone Number: x•76' AQ J ODy . Number of years ownership:,_ l•� Zf a plleunt is not the owner;please state interest in property: PL!CAnl7 fel!(_ LEASE 5116 �'��6 0rAd 3. Request for an OSGOD.Permit uiider Section 17.0 of the North Andover I \ Zoning Bylaw to Rod-rap Am's .?�Mwk _ 1� �n 4 D 4. Location of y: O29 ZoningDistrict: yftA 2 O. Assessors: Map: .� Loge ! ��) Registry of Deeds: Book#: d page v. E7:istingLoft _ / . LotArea(Sq.Ft): � ��b Building Height: Street Frontage; Side Setbacks: Font Setback: Rear Setbaelr: Floor Area Ration: Lot Coverage: 6. Proposed Lot(if applicable): LotArea(Sq.Ft.): Building Height: Street Frontage: Side Setback: Front Setback: llearSetbaclu FIoorArea Rfttlo: r� Lot Coverage: TO: TOWN OF NORTH ANDOVER PLANNING BOARD FROM: ORIT GOLDSTEIN,PRESIDENT, OZZY PROPERTIES SUBJECT: SUPPORTING DOCUMENTATION FOR PLAN APPROVAL OF A SOLAR PHOTOVOLTAIC CARPORT AND ROOF MOUNT FACILITY WITHIN THE OSGOOD SMART GROWTH OVERLAY DISTRICT(OSGOD) DATE: MARCH 20,2015 Proiect Obiective: The proposed Solar Photovoltaic Project("Project")shall enhance public health,safety, and welfare by generating onsite clean,renewable energy which directly offsets brown power generated for the electric utility. The project consists of the installation of car canopy and roof-mounted solar modules,both an As-of- Right and Accessory Use to the principal use. To the extent necessary to effectuate project approval,the Applicant hereby requests that the Planning Board waive any requirements of Section 17.0 to the extent inconsistent with GL.40A Section 3. ["Waivers"Section 17.14.1] The Applicant reserves all rights regarding applicable zoning for this land and project,and other land the Applicant owns within the limits of the OSGOD. 17.6.2.1-2 Mixed-Use Development Zone As-of-Richt Uses The Project supports the transition between primarily residential development and compact,higher density commercial and mixed-use development by incorporating complimentary use of the parking lots with energy-producing shade and weather protection canopies. These amenities have been sought by premier commercial properties,educational campuses,Fortune 500 Companies, and numerous other entities that seek to attract economic and social vitality.They will additionally include LED accent lighting below the canopy which both enhances safety acid dramatically enhances the night-time visual appeal to the surrounding activities. The energy-producing shade and weather protective canopies are parking accessory structures. Additionally,there will be rooftop solar on the main building which has been considered accessory equipment in previous installations at this site. 17.6.3.1 Business Opportunity Zone The Project encourages efficient land use and facilitates high-density retail,commercial,industrial development and other commercial projects by offering attractive and accommodating energy-producing shade and weather protection canopies for customers and personnel. The rooftop component of the project will additionally provide a lower solar heat gain,thus reducing the summertime cooling requirement of the building. o - points from Osgood Street and the internal vehicular circulation will remain.The realignment of the Northern Parking lot provides improved path of travel and maneuverability to access the loading dock. The proposed project will not result in the alteration or removal of existing walkways.No curb cuts are proposed to be removed for this development. W Location of Wetlands/Notice of Intent: A wetland delineation was conducted in 2005,and remains valid under the Permit Extension Act(Section 173 of Chapter 240 of the Acts of 2010,as amended). An Abbreviated Notice of Resource Area Delineation(ANRAD)was filed on August 12,2005 by Epsilon Associates,Inc. (DEP File#: 242-1336) and the Conservation Commission subsequently issued an Order of Resource Area Delineation(ORAD)on October 19,2005 approving the wetland boundaries for the site following a thorough peer review by Seekamp Environmental Consulting,Inc. The ORAD references ANRAD Plans prepared by Chas.H. Sells,Inc. dated August 8,2005 and revised September 30,2005 that depict Bordering Vegetated Wetlands(BVW),Isolated Vegetated Wetlands(IVW,both `jurisdictional' and`non jurisdictional'under the Bylaw,but recognizing that the`non jurisdictional' IVWs may be jurisdictional under the Federal Clean Water Act),intermittent streams,perennial streams/Mean Annual High Water and their associated 200-foot Riverfiont Areas. A determination of Bordering Land Subject to Flooding(BLSF,concurrent with the 100-year Floodplain)was excluded from the ANRAD/ORAD process. Epsilon then filed a Notice of Intent(NOI)Application on March 31,2006 for Vegetation Management on the site,and included the October 19,2005 ORAD and NOI Plans showing the approved Wetland Resource Areas. The Commission subsequently approved the project, and issued an Order of Conditions (OOC)on April 27,2006. Epsilon requested two extensions of the OOC on March 27,2009 and March 31,2010,and the Commission extended the OOC through April 27,2010 and April 27,2011, respectively. Based on a review of the Permit Extension Act(PEA)and discussions with Mass DEP,the OOC remains valid through April 27,2015,and the Wetland Resource Areas established in the ORAD and referenced and depicted.on the NOI plans and in OOC also remain valid. (1)Location of Walls/SiLyns: The proposed project will not result in the alteration or removal of existing walls..The development will not result in proposed signage. (m)Location of Roadways/Drives: The proposed project will not result in the alteration or removal of existing roadways or driveways to and from Osgood Street. (r)Drainage Basin Study: The proposed project will be developed on existing bituminous concrete parking areas and on the existing roof of the main building. The existing stormwater management system_within the limit of work will remain.Therefore,the proposed improvements will not result in an increase in stormwater runoff rate and volume during the 2, 10,and 100-year storm events. 3 0 Although the project will have little to no visual impacts,the project will have an even greater positive impact on the Town's character. Over the past few years,the state of Massachusetts has created policies and regulations to promote the use of solar renewable energy to combat the effects of climate change. With the approval of this solar development,the Town would be exhibiting a willingness to permit renewable energy projects for the benefit of the Town and the environment while setting an example for residents to take a strong environmental protection stance. The applicant is showing how solar renewable energy can provide fiscal and environmental benefits, creating_an ideal situation for all. The solar project could also provide educational opportunities in science,technology, engineering, and mathematics.Educating youth on solar renewable energy could empower them to change and to create more sustainable urban environments for future generations. Environmental Impact Assessment: The proposed development has been carefully designed to ensure that there will be little to no impacts with respect to on-site and off-site environmental quality. Sedimentation control measures are proposed throughout construction to prevent any adverse impacts on the existing stormwater management system. The proposed solar development will be-a renewable source of energy with zero emissions and will therefore have no adverse impacts on quality of air. Instead,such projects aim to eliminate other sources of energy that currently produce emissions that negatively affect air quality. The project will not result in any radiological emissions or other hazardous materials. Since trees will be maintained along the edges of'the property,no adverse impacts on temperature and wind conditions on adjacent properties are expected. There will also be no impacts on solar access of adjacent properties and zero off-site noise. The proposed development will not require water or sewer services. i 5 0 MERIDIAN .ASSOCIA'T'ES VIA: HAND DELIVERY March 20,2015 Ms.Jean Enright Members of the North Andover Planning Board Town of North Andover Planning Department 1600 Osgood Street North Andover,Massachusetts 01845 Re: Application for Plan Approval Osgood Solar,LLC 1600 Osgood Street North Andover,Massachusetts Dear Ms. Jean Enright and Members of the North Andover Planning Board: On behalf of Osgood Solar,LLC. (Applicant),Meridian Associates,Inc. (MAI)is submitting an Application for Plan Approval to the Town of North Andover Planning Board. The locus property(Site) is located within the underlying Industrial 2(I-2)Zoning District and within the Osgood Smart Growth Overlay District(OSGOD).The proposed development is located within two(2) Subdistricts of the OSGOD: Mixed-Use Commercial Development Zone and the Business Opportunity Zone.The parcel is identified on the Town of North Andover Assessor's Map 34 as Lot 17(1600 Osgood Street). The applicant is proposing to install a Six(6)Megawatt(DC) Solar Development on the roof of the existing principal building,and with carports in the northern and southern parking lots. In support of this filing we are providing the following information: • Ten(10)copies of this Cover Letter dated March 20,2015; • . Three(3)copies of the Application for Plan Approval dated March 20,2015; • Ten(10)copies of a letter entitled"Supporting Documentation for a Plan Approval"dated March 20,2015; • One(1)original and nine(9)fall size copies of the"Ozzy Properties,Inc.,Solar Development Plan Set(set of 16 sheets)dated March 20,2015; • $TBD check for filing fee;and • $TBD check for Project Review Fee. 500 Cummings Center,Suite 5950 Beverly,Massachusetts 01915 P:(978)299-0447 F:(978)299-0567 www.meridianassoc.com r v JFZ dThank you for your attention to this Application. We look forward to your correspondence to discuss the evelopment options. Please do not hesitate to contact us if you have any questions or require additional information, Sincerely, MERIDIAN ASSOCIATES,INC. Richard E.Waitt,Jr.,PE Principal P:\5723_Ozzy-NorthAndoveli"MMepods\Plan Approval\5723-Cover Letter(Planning).doc Enclosures cc: Orit Goldstein(Osgood Solar,'LLC) Dan Leary(PowerOwners) Town Clerk i 2 6,60 J,)7k Ciofolo, Angela -x. ..,, From: albert manzi <attymanzi@manzilaw.net> Sent: Friday, May 08, 2015 11:44 AM To: dleary@powerowners.com Cc: Ciofolo, Angela; ogoldstein@ozzyproperties.com Subject: Re:ZBA Application Mr. Leary, My name is Albert Manzi III and I am the Chairman of the North Andover Zoning Board of Appeals (ZBA). I am writing because it is my understanding you wish to be docketed at our June meeting pursuant to your filed request(s) and are preparing to publish a legal notice for a June publishing deadline to make the June meeting. I am writing because I have reviewed your application. In its current form I believe your application is defective, but curable, and will need to be amended to address various procedural and legal notice requirements that need to be addressed timely in order to be properly docketed for a ZBA public hearing in June. Upon my initial review of your application form, I am unclear as to exactly what form of relief you are seeking from the ZBA as to the zoning bylaw and what specific action you are requesting the ZBA take as to each separate request for relief. In your amended application form, kindly cite and describe with particularly each zoning bylaw you are requesting relief from, and the specific action you are asking the ZBA to take thereto as to each request in numbered short concise statements; and indicate whether you are applying pursuant to MGL Ch. 40A or MGL ch. 40R. As to the specific relief itself within your application form, kindly indicate whether you are asking the ZBA for specific findings as a party aggrieved pursuant to MGL Ch. 40A sec 8 and 15 as per Article VI of the ZBA rules and regulations, or some other request as to relief from a dimensional requirement, and or a request for special permit. Please also indicate whether you applied for a building permit and whether that application for building permit was denied. I realize you have a lengthy supporting legal memorandum, but the application form needs to be specific and clear. As to the required legal notice for publication, it must contain the exact specific request for relief for each request and the citied and described zoning bylaw that you are appealing ( as I have indicated in the above paragraph). The legal notice as it is written for publication does not sufficiently state the particular relief you have requested from the ZBA or properly cite and describe the zoning bylaws at issue. Therefore, I do not believe the legal notice in its current form is sufficient for a public hearing notice and will need to be amended based on the information you provide in your amended application form. Additionally, I am not familiar with the application form you used to file with the ZBA as it is not one of our standard forms specific to relief sought by a petitioner that I recall. For example, as stated on the form you used, I am not aware of a ZBA regulation that all applications must be type written. Therefore, pursuant to Article II sec I of the ZBA rules and regulations I am treating your filed application form as a mere notice of intention to seek relief until such time as it is amended and filed with the standard ZBA form as I indicated in the above paragraphs. As you are likely aware pursuant to MGL Ch. 40A, the Zoning Bylaw, section 10-5-1 of the Town Charter, and the Adopted Rules and Regulations of the ZBA, the North Andover Zoning Board of Appeals is an independent 5 person board with three alternates made up of appointed volunteers. In i January of 2015 the ZBA administrative secretary's hours was reduced to half time by town management. Therefore, if I can be of assistance as to helping you with respect to your application to ensure you make the June meeting please let me know. As you are likely aware, the ZBA does not have a July meeting scheduled. In summary, in order to move forward procedurally, and in addition to the above stated, the following needs to be filed with your amended application if you have not done so already: 1. Authorization letter from land title holder granting permission to you and the entity that filed the application for their property. 2. Notice of Appearance from the Attorney that will be representing the Applicant and land owner before the ZBA. 3. Certificate(s) of Good Standing filed with the ZBA as to any and all entity applicants and or title holders. 4. Any and all required plans of scale depicting what you propose to construct and any and all dimensional aspects thereto. 5. Any and all filing requirements pursuant to the adopted ZBA rules and regulations. To the extent I can be of more assistance with respect to the procedural aspects of the ZBA application process, do not hesitate to contact me. Thank you. Regards, APM III, Chairman, ZBA Attorney Albert P. Manzi III PO Box 486 North Andover, MA 01845 Tel. 978-771-1553 Fax 978-824-3996 www.manzilaw.net Confidentiality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited. If you receive this email in error, please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. 2 From: Dan Leary <dleary@powerowners.com> To: "Ciofolo, Angela" <aciofolo@townofnorthandover.com> Cc: attymanzi@manzilaw.net Sent:Wednesday, May 6, 2015 3:41 PM Subject: RE: ZBA Legal Notice reminder for 1600 Osgood Street North Andover Hello Angela, Thank you very much for the reminder. We are tracking the June 3rd deadline, though it never hurts to send the reminder! Thank you for all of your help- Sincerely, Dan Daniel P. Leary PowerOwners, LLC 857 Turnpike Street, Suite 233 North Andover, MA 01845 978.496.3460 Direct 978.309.6688 Main From: Ciofolo, Angela [mailto:aciofolo , -townofnorthandover.com] Sent: Wednesday, May 6, 2015 11:26 AM To: dleary�a powerowners.com Cc: 'attymanzi(a)-manzilaw.net' Subject: ZBA Legal Notice reminder for 1600 Osgood Street North Andover Hello Dan, This is just a reminder that the Legal Notice I gave you needs to be published in the Eagle Tribune before the deadline of June 3ra. Hope you are doing well and enjoying this well-deserved weather. If you have any questions or concerns, please do not hesitate to call or e-mail me. Have a good day. Angela Ciofolo Zoning Assistant Town of North Andover 1600 Osgood Street-Suite2035 North Andover, MA 01845 Web www.TownofNorthAndover.com 3 All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north andover www.facebook.com/northandoverma 4 GOO 0S Brown, Gerald To: Dan Leary Cc: Maylor, Andrew; Kfoury, Eric; Enright,Jean; Ciofolo, Angela; o Subject: RE: Request for I2 Zoning Determination for Osgood Solar Dear Dan, According to the Zoning Bylaw of the Town of North Andover a solar generating facility in Industrial 2 is not an allowed use. Thank you, Gerry Brown Inspector of Buildings Town of North Andover From: Dan Leary [mailto:dleary(cbpowerowners.com] Sent: Thursday, April 16, 2015 8:34 AM To: Brown, Gerald Cc: Enright, Jean; Kfoury, Eric; Maylor, Andrew; Ciofolo, Angela; Orit Goldstein Subject: Request for I2 Zoning Determination for Osgood Solar Hello Gerry, I trust you are well. As we discussed on Tuesday, I have attached a letter that the Osgood Solar development team has compiled to assist with your determination of the solar project under the Industrial 2 District. The planning department has requested this determination in advance of Osgood Solar submitting the permitting application under the 12 zoning. Please feel free to contact me at any time with questions, 978.496.3460. v/r, Dan Daniel P. Leary PowerOwners, LLC 857 Turnpike Street,Suite 233 North Andover, MA 01845 978.496.3460 Direct 978.309.6688 Main 1 TOWN OF NORTH ANDOVER Office of the Building Department � yORT/1 q Q ',SLED ,6 q, Community Development and Services M1 1600 Osgood Street, Bldg. 20, Suite 2035 * North Andover, MA 01845 978-688-9545 ��SSACHUS��y Gerald Brown, Inspector of Buildings April 21, 2015 To: Dan Leary-Powe rOwners, LLC Fr: Gerald Brown, Inspector of Buildings Re: Osgood Solar LLC Special Permit-Construct Rooftop and Parking Canopy Mounted Solar Photovoltaic System - 19,500 Solar Modules, 6 MW.Approximately 5,500 Rooftop Mounted Solar Modules and approximately 14,000 Carport Canopy Modules mounted on structures approximately 39 feet wide comprised of approximately 21 rows, 150-630 feet long. In response to your email dated April 16, 2015,.1-ha re-de#erMi-Red-4e following. According to the Zoning Bylaw of the Town of North Andover S_}:__ "�-Industrial 2 Dis,c , t-4.6 absent of a generating facility,therefore is not allowed. Sincerely, Gerald Brown Inspector of Buildings Brown, Gerald Subject: RE: Request for I2 Zoning Determination for Osgood Solar Dear Dan, According to the Zoning Bylaw of the Town of North Andover a solar generating facility in Industrial 2 is not an allowed use. From: Dan Leary fmailto:dleary@powerowners.com] Sent: Thursday, April 16, 2015 8:34 AM To: Brown, Gerald Cc: Enright, Jean; Kfoury, Eric; Maylor, Andrew; Ciofolo, Angela; Orit Goldstein Subject: Request for I2 Zoning Determination for Osgood Solar Hello Gerry, I trust you are well. As we discussed on Tuesday, I have attached a letter that the Osgood Solar development team has compiled to assist with your determination of the solar project under the Industrial 2 District. The planning department has requested this determination in advance of Osgood Solar submitting the permitting application under the 12 zoning. Please feel free to contact me at any time with questions,978.496.3460. v/r, Dan Daniel P. Leary PowerOwners, LLC 857 Turnpike Street,Suite 233 North Andover, MA 01845 978.496.3460 Direct 978.309.6688 Main 1 `Brown, Gerald From: Dan Leary <dleary@powerowners.com> Sent: Thursday, April 16, 2015 8:34 AM To: Brown, Gerald Cc: Enright,Jean; Kfoury, Eric; Maylor, Andrew; Ciofolo, Angela; Orit Goldstein Subject: Request for I2 Zoning Determination for Osgood Solar Attachments: Letter to Building Commissioner for I-2 Filing.pdf Hello Gerry, I trust you are well. As we discussed on Tuesday, I have attached a letter that the Osgood Solar development team has compiled to assist with your determination of the solar project under the Industrial 2 District. The planning department has requested this determination in advance of Osgood Solar submitting the permitting application under the 12 zoning. Please feel free to contact me at any time with questions, 978.496.3460. v/r, Dan Daniel P. Leary PowerOwners, LLC- 857 Turnpike Street,Suite 233 S�j�� • �j Firms North Andover, MA 01845 978.496.3460 DirectV-1- 978.309.6688 / Main t Osgood Solar, LLC 1600 Osgood Street North Andover, MA 01845 April 15,2015 Re:Osgood Solar,LLC—Request for Industrial 2 Zoning Pre-Application Approval Dear Mr. Brown, Osgood Solar, LLC("Osgood Solar") is proposing to construct and operate a solar generation project (the"Project")at 1600 Osgood Street(the"Property"). On March 18,2015,Osgood Solar filed an application with the Planning Board for the Project, in which it sought a Plan Approval under the Osgood Overlay District("OSGOD"). In your letter to the Planning Board,dated March 24,2015,you determined that the development of the Project is not allowed as an"As-of-Right"use under the OSGOD. You did not reach a determination as to whether the Project is allowed as an Accessory use under the OSGOD. Osgood Solar disagrees with the determinations in your letter, as well as the omission of a determination as to whether the Project is allowed as an Accessory use under the OSGOD. As required under Section 10 of the Town of North Andover's Zoning Bylaw and applicable law,Osgood Solar will file an appeal of your letter with the Zoning Board of Appeals on or before April 23, 2015. At this time,Osgood Solar proposes to obtain an As-of-Right permit for the Project in the base Industrial 2 District as outlined in Section 4.133 of the Town of North Andover Zoning Bylaw. On April 6,2015,the Assistant Director of Community and Economic Development for the Town of North Andover informed Osgood Solar that it was required to obtain a determination from you that the Project is an allowed use under Section 4.133 before it can file a formal application for the permit. The Project clearly qualifies as an allowed use in the Industrial 2 District. As such,Osgood Solar respectfully requests that you promptly issue a positive determination. Benefits of the Project • The Project will help the Commonwealth of Massachusetts achieve its Greenhouse Gas Emission Reduction requirements under the Global Warming Solutions Act and will produce only positive environmental benefits. • More importantly,the Project will provide significant long-term economic benefits to the Town,which include the payment of real property taxes,the realization of substantial savings to the Town on its municipal electric bill,and the construction of improvements to the Property that are consistent with existing uses and will help attract additional tenants to the Property. • We anticipate that the immediate economic value of the Project to the Town will be several hundred thousand dollars per year—all without any increase in the Town's expenses. ActiveUS 144305966x.1 i The Proiect is an Allowed Use in the Industrial 2 District • On May 2, 2010,the North Andover Annual Town Meeting adopted an amendment to Section 4.133(the"Amendment")that specifically clarified that renewable energy generation,including but not limited to solar generation,was allowed within the Industrial 2 District provided that minimum lot size requirements were met. • Prior to the Amendment's adoption,solar generation facilities were allowed in the Industrial 2 District as a manufacturing use,and had been installed on the Property. • The Property exceeds the requirement in Section 4.133.11.b that allows for As-of-Right construction if the Lot has a minimum size of twenty-five(25) acres. • On March 9,2015,the Town Administrator confirmed that construction of the Project was allowed in the base Industrial 2 District. Status of Osgood Solar's Pendine Application under the OSGOD • On March 18,2015 Osgood Solar filed an application with the Planning Board for the Project, in which Osgood Solar sought a plan approval under the Osgood Overlay District("OSGOD"). • In your letter to the Planning Board,dated March 24,2015,you determined that any future development on the Property located with the Business Opportunity Zone portion of the OSGOD,including but not limited to the Project,would be governed exclusively by the provisions of the OSGOD and not the base Industrial 2 District. • Your determination referenced Section 17.3.2 of the Zoning Bylaw,which provides that: o The OSGOD is an overlay district superimposed on all underlying zoning districts.As required by the Enabling Laws,the regulations for use,dimension,and all other provisions of the Zoning Bylaw governing the underlying zoning district(s)shall remain in full force, except for those sites undergoing development pursuant to this Section 17.Within the boundaries of the OSGOD,a developer may elect to either develop a site in accordance with the requirements of this Section 17,or to develop a site in accordance with the requirements of the regulations for use,dimension and all other provisions of the Zoning Bylaw governing the underlying zoning district(s). • Your determination that the OSGOD exclusively controls all future development within the Business Opportunity Zone appears to be based on the fact that"[o]n June 17,2014,this site (Assessor Map 34, Parcel 17)received approval of a Special Permit under the OSGOD." • On April 7,2015,Osgood Solar requested permission from the Planning Board to withdraw without prejudice the OSGOD Plan Approval application on the grounds that Osgood Solar intended to appeal your determination. • That request currently is pending before the Planning Board. Development of the Proiect under the Industrial 2 District Provisions is Not Precluded by the OSGOD • Osgood Solar strongly disagrees with any determination that all future development on the 126 acre portion of its Property located within the Business Opportunity Zone is governed solely by the provisions of the OSGOD simply because a Special Permit was issued for the construction of a 5000 square foot theatre in an existing building on the Property. • Your determination is not consistent with the Commonwealth's Model 4011 Bylaw. Active U 5 144305966v.1 4 o The Model Bylaw applies the"future development election" identified in your letter on a Project-by-Project basis,and not a site-by-site basis as does the Town Bylaw. o Because the Model Bylaw defines a Project as a Residential Project or Mixed-use Development Project, it is understandable that the Town would not use the term "Project"in its Bylaw as the OSGOD includes several sub-districts,including the Business Opportunity Zone. o Neither the Town's Zoning Bylaw nor the OSGOD define the word "site." • In your letters dated June 17,2014 and March 24,2015,you incorrectly determined that the word"site"means"Lot"or the entire Business Opportunity Zone portion of the OSGOD. o Your determination is not reasonable. o Asa matter of law, a word (such as"site")cannot have the same meaning as a defined term. Otherwise,the presumption is that the defined term would have been used instead of the word. A word such as"site" must have a different meaning that any term that is defined in the Town's Zoning Bylaw. ■ The word "site"cannot have the same meaning as the defined term"Lot,"or mean the same thing as an entire sub-district such as the Business Opportunity Zone. o The only reasonable determination—especially given the fact that the Business Opportunity Zone is 126 acres in size,and that an Overlay District such as the OSGOD can be comprised of multiple parcels of property with multiple owners—is that the word"site" means that the specific area of a property on which the proposed project would be conducted. • Determining that the word "site" means the entire Business Opportunity Zone(or even the entire OSGOD)would lead to an absurd result. o The portion of the Property comprising the Business Opportunity Zone portion of the OSGOD is 126 acres in size. o it is unreasonable to conclude that the development of a 5000 square foot project in an existing building would render all future development on the 126 acre Property subject to the OSGOD. o This is especially true since no affirmative election was made at the time the prior application was submitted,and your determination would be binding(without notice) on any future owner of all or any subdivided portion of the Property. • Your determination that the Project is not allowed in the OSGOD is not consistent with the provisions of M.G.L.Chapter 40A,Section 3. o Section 3 provides that"[n]o zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health,safety or welfare." o M.G.L. Chapter 40A,Section 1 defines a"Solar Energy System"as"a device or structural design feature,a substantial purpose of which is to provide daylight for interior lighting or to provide for the collection,storage and distribution of solar energy for space heating or cooling,electricity generating,or water heating." ActiveUS 144305966v.1 i o In enacting Section 3,the Legislature incented the development of Solar Energy Systems by shielding them from local zoning prohibitions and unreasonable zoning regulation,except to the extent necessary to protect health,safety or welfare. o There is no question that the Land Court would rule that the Project falls within the definition of a"Solar Energy System. See Duseau v.Szawlowski Realty,Inc. 12 Misc. 470612(Mass. Land Ct.Jan.2,2015)(reviewing solar farm use relative to Section 3). o The Project is subject to the provisions of and the protection provided by Section 3. • Any determination that the Amendment precludes the construction of the Project within the Business Opportunity Zone would violate the provisions of M.G.L.Chapter 40A,Section 3. o Interpreting the Amendment to prohibit the Project in the Business Opportunity Zone would mean that the only properties in the Town that are large enough to allow a solar project As-of-Right consist of(a) property managed by a quasi-governmental commission for the operation of the Lawrence Municipal Airport,and(b) property managed by the Greater Lawrence Sanitary District for the operation of a wastewater treatment plant. o Limiting the future construction of solar generation projects in the Town to only property that is owned by a quasi-governmental entity: ■ violates the"reasonable regulation" requirement in Section 3, ■ ignores the fact that the Property owner previously constructed several rooftop solar projects on the Property under the provisions of the OSGOD, and ■ raises a serious question as to whether any other solar project constructed in the Town since 2010(including residential rooftop projects)are legal. o The Project is entitled to the protection provided by Section 3. • Your determination violates the terms of the approval for the OSGOD that were issued by the Massachusetts Attorney General's Office in 2007,and which confirmed that M.G.L.Chapter 40A,Section 3 would continue to apply with the OSGOD. o In its approval,the Massachusetts Attorney General specifically stated that"We next call the town's attention to 17.6.4,which pertains to prohibited uses and provides that all uses not expressly allowed are prohibited. In approving Section 17.6.4,we remind the town of the protections accorded to certain uses under G.L.c.40A, [Section]3. ... This,the town cannot prohibit, require a special permit,or unreasonably regulate those uses that are accorded protections under G.L.40A, [Section]3. We caution the Town to apply the proposed by-law,including Section 17.6.4,in a manner consistent with G.L.c.40A,[section]3." [Emphasis added]. • The Project also qualifies under M.G.L.Chapter 164 as a manufacturing use that is allowed As- of-Right in the Business Opportunity Zone. There is no legal support for your determination otherwise. • Finally,your determination also is not consistent with permit authorizations that were granted by the Town after June 17,2014 for new construction activities on the Property. o Those permits were issued under the base Industrial 2 District. o None of the permits states that the provisions of the OSGOD are applicable. ActiveUS 144305966v.1 In light of the above,Osgood Solar respectfully requests that you determine that the Project is an allowed use in the base Industrial 2 District as specified in Section 4.133 of the Town of North Andover Zoning Bylaw. Respectfully Submitted, Daniel P. Leary,As Agent for Osgood Solar, LLC Attachments 1. WilmerHale memorandum to Orit Goldstein, March 5,2015 2. WilmerHale memorandum to Orit Goldstein, March 18,2015 3. Attorney General comments on OSGOD,October 2,2007 4. Maylor Email Message to Orit Goldstein, March 9,2015 ActiveUS 144305966v.1 f WILMERHALE MEMORANDUM +1 817 826 6176 +1 617 826 5000 Date March 5,2015 mark.kalpin@wlknerhale.com To Orit Goldstein From Mark C.Kalpin Bob Fitzpatrick Re Osgood Solar/North Andover Zoning Analysis Osgood Solar,LLC("Osgood")is proposing to develop a solar generation project(the"Project") in North Andover,Massachusetts on property(the"Property")that is owned and/or managed by Ozzy Properties. As currently proposed,the Project involves the development of roof-tap mounted solar panels,carport-mounted solar panels,and ground-mounted solar panels. The Property is located within North Andover's I-2 Industrial Zoning District(the"I-2 District"),and is also within North Andover's Smart Growth Overlay District(the"Overlay District"). This memorandum explains why the use of the Property for the Project is consistent with and entitled to approval under both state law and local zoning law. State Law The starting point for the analysis is M.G.L. Chapter 40A, Section 3,which provides that"[n]o zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health,safety or welfare"(hereinafter referred to as "Section 3"). M.G.L.Chapter 40A,Section 1 defines a"Solar Energy System"as"a device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or to provide for the collection,storage and distribution of solar energy for space heating or cooling,electricity generating,or water heating." In enacting Section 3,the Legislature incepted the development of Solar Energy Systems by shielding them from local zoning prohibitions and unreasonable zoning regulation,except to the extent necessary to protect health,safety or welfare. Osgood's Project falls within the definition of a"Solar Energy System,"and thus is entitled to the protection provided by Section 3. See Duseau v.Szawlowski Realty, Inc. 12 Misc. 470612(Mass.Land Ct.Jan.2,2015)(reviewing solar farm use relative to Section 3 protection).' I In Duseau,the Town of Hatfield enacted a zoning bylaw that limited the operation of solar projects to industrial zoned areas. Although the proposed solar farm would have been covered by the provisions of Section 3,the Court upheld the Town's bylaw because the project developer had not shown(as required by Section 3)that it prohibited or otherwise unreasonably regulated the operation of the solar farm. As noted below,in this case Section 3 is applicable to the Project because the Town of North Andover has not enacted a solar generation-specific ordinance. Wilmer Cutler Pickering Hale and Dorr Lu. 60 State Street,Boston,Massachusetts 02109 Belling Berlin Boston Brussels Denver Frankfurt Landon Los Angeles New York Oxford Palo Alta Washington AcEiveUS 142692581v.2 s WILMERHALE Ms. Orit Goldstein March 5,2015 Page 2 North Andover's Zoning Bylaw(the"Bylaw")does not expressly provide for uses involving solar energy systems,either as a use allowed as of right,a use allowed only by special permit,or a prohibited use. As a result,Section 3's unambiguous provisions govern, and the use of the Property for the Project is entitled to approval as a matter of state law. The Town's regulatory authority over the Project use,as a zoning matter,reasonably could be expected to extend only to matters such site access,security,emergency access,and the like. North Andover's Overlay District. Osgood's Project also is located in the Business Opportunity and Mixed Use Development Zones of North Andover's Overlay District. Manufacturing—a term not defined in the Bylaw is allowed as of right in the Business Opportunity Zone, Under Massachusetts law,equipment used for the generation of electric energy,which Osgood has proposed via its solar panels,has long been classified as manufacturing equipment,and the generation of electricity has been treated as a manufacturing process. Thus,Osgood's Project use is allowed as of right in the Business Opportunity Zone. See, e.g., M.G.L.Chapter 164, Section 3(defining a"Generation facility"as"a plant or equipment used to produce, manufacture or otherwise generate electricity ....")? The portion of Project that will be located in the Mixed Use Development Zone will involve installation of carport-mounted solar panels located in parking areas on the Property. These carports and their associated panels will be accessory to the principal use of the property in this district,and should be allowed as an accessory Use as provided in either Section 17.6.2.2.15 (As- Of-Right-Uses)or in Section 17.6.2.3.15(Uses Allowed By Special Permit). North Andover's I-2 District. Osgood's Project also is located in North Andover's I-2 District. Light Manufacturing,which includes manufacturing,fabrication,processing,finishing assembly and packing or treatment of articles or merchandise,is a use allowed as of right in this district provided that it is conducted solely within a building and is not offensive,noxious,detrimental, or dangerous to surrounding areas or the town. As described above,under Massachusetts law the generation of electricity(including by a solar energy system)constitutes manufacturing. Osgood's proposed use is allowed as of right in the I-2 District,subject to the requirement that the use occur in a building. As to the building requirement,the solar energy system constituting the Project consists of fully-contained solar panels and other self-contained equipment,the operation of which would not be offensive,noxious,detrimental or dangerous to surrounding areas or the town. Indeed,enclosure of the system within a building world totally defeat its ability to manufacture electricity,a result which would be unreasonable under Section 3. As a result,the Project arguably satisfies the intent and purpose of the I-2 District's"building" requirement. 2 In our experience,most municipalities(such as the`1'own of Hatfield in the Duseau case)that have sought to limit the operation of solar projects from a zoning perspective have treated those projects as an industrial or manufacturing use that should he limited to an industrial ar commercial zoned area. ActiveUS 142692584v.2 WILMERHALE Ms. Orit Goldstein March 5,2015 Page 3 Conclusion. The proposed use of the Property for the Project is entitled to approval as a matter of state law. Notwithstanding this fact,the Project use also(a)is allowed as of right in the Business Opportunity Zane portion of the Overlay District, (b)should be allowed as an accessory use(either as-of-right or by special permit)in the Mixed Use Development Zone of the Overlay District,and(c)should be allowed as Light Manufacturing in the 1-2]district. ActiveUS 142692584x.2 WnMERHALB MEMORANDUM +1617 626 e178 +1 61 7 628 800D Date March 18,2015 mark_kafpin§wi]merhale.com 7o Orit Goldstein Jeff Goldstein From Mark C.Kalpin Re Osgood Solar/North Andover Zoning Analysis On March 5,2015,we provided Osgood Solar,LLC("Osgood")with an analysis of zoning issues related to Osgood's proposal to develop a solar generation project(the"Project")in North Andover,Massachusetts on property(the"Property")that is owned and/or managed by Ozzy Properties. The Project would consist of roof-top mounted solar panels,carport-mounted solar panels,and/or ground-mounted solar panels,and be located within the I-2 Industrial Zoning District(the"I-2 District")and the Smart Growth Overlay District(the"Overlay District"). On March 9,2015,the Town of North Andover(the"Town")responded to our analysis. Because solar is specifically allowed in the I-2 District under a 2010 amendment to the Town's Zoning Bylaw(the"Amendment"),the Town stated that M.G.L.Chapter 40A,Section 3 ("Section 3")does not apply to the Project. The Town also stated that since the Overlay District had been used at the Property for permitting uses that would not be allowed under the I-2 District,a question existed,as to whether the Property owner could use the provisions of either the underlying I-2 District or the Overlay District on a case-by-case basis. After careful consideration,we respectfully disagree with the Town's analysis,and continue to believe that construction and operation of the Project on the Property is authorized under both Section 3 and the zoning applicable to the Property.' We understand that your consultant,PowerOwners,has reviewed the background history associated with the passage of the Amendment.2 Based on its review,PowerOwners believes the Amendment was enacted for purposes of clarification(that is,it identifies the types of renewable projects that would or would not be allowed in the I-2 District),as opposed to prohibiting the construction and operation of all renewable projects in the Town except in the I-2 District. I In reaching this conclusion,we note that the Project is proposed only on those portions of the Property that are covered by both the I-2 District and the Business Opportunity Zone or Mixed-Use Development Zone portion of the Overlay District,and would not be located within the Residential Mixed-Use Zone of the Overlay District. 2 PowerOwners contacted Curt Bellavance,who was employed by the Town when the Amendment was enacted. Wilmer Cutler Pickering Hale and Dort tcr,60 State Street,Boston,Massachusetts 02109 Beiiing Berrin Boston Bnessels Denver Frankfurt London Los Angeles New York oxford Palo Alto Washington ActiveUS 143603531v.3 WILMERHALE Orit and Jeff Goldstein March 18,2015 Page 2 We agree with the conclusion reached by PowerOwners. Under the Town's interpretation,the only properties in the I-2 District that are large enough to allow a solar project as-of-right under the Amendment consist of(a)the Property, (b)property managed by a quasi-governmental commission for the operation of the Lawrence Municipal Airport,and(c)property managed by the Greater Lawrence Sanitary District for the operation of a wastewater treatment plant. If the Town is correct that any development on the Property can occur only under the provisions of the Overlay District,3 then a solar project would be in Town as-of-right only on property that is owned by a quasi-governmental entity and is dedicated to a public use. We do not believe that such a restriction satisfies the"reasonable regulation"requirement in Section 3. More importantly,it would not comply with the specific caution on this point that was raised by the Massachusetts Attorney General when it approved the Overlay District in 2007.4 We also note that the Town's interpretation ignores the fact that the Property owner previously constructed several rooftop solar projects on the Property under the provisions of the Overlay District. Finally,the Town's interpretation of the Amendment raises a serious question as to the legality of other solar projects(such as rooftop projects)that have been constructed in the Town after the enactment of the Amendment. If the Town is correct,these projects should not have been allowed except in an I-2 District—a result which clearly could not have been intended. In light of this,the only reasonable conclusion is that the Amendment was enacted only for purposes of clarification,and not as an absolute prohibition. As such,we continue to believe that the development of the Project is allowed in both the Business Opportunity Zone and Mixed-Use Development Zone portions of the Overlay District.' 3 Although we do not agree with this conclusion,it is not necessary for us to address it in this memorandum. "The Massachusetts Attorney General specifically stated that"We next call the town's attention to 17.6.4,which pertains to prohibited uses and provides that all uses not expressly allowed are prohibited. In approving Section 17.6.4,we remind the town of tl:e protections accorded to certain uses under G.L.c.40A,[Section]3. ... This,the town cannotrp ohibit,require a special permit,or unreasonably regulate those uses that are accorded protections under G.L.40A,[Section]3. We caution the Town to apply the proposed by-laid,tncludutgSection 1Z6.4,in a manner consistent with G.L.c.40A,[section]V'[Emphasis added]. s Because the Project would be located only in the portion of the Property that is covered by both the I-2 District and the Business Opportunity Zone and Mixed-Use Development Zone portions of the Overlay District,there is no need at this time to address the question of whether a property owner can use either the underlying I-2 District zoning or the provisions of the Overlay District on a case-by-case basis. Allowing the Project to proceed as proposed will not create a precedent regarding any fitture development on the Property,and neither the Property Owner nor the Town will have waived its rights or arguments with respect to this question. ActiveUS 143603531v.3 THF— COMMONWEALTH OF MASSA;gTTS- 61 — OFFICE OF-THE ATTORNEY' GE WESTERN MASSACHUSETT. N4 A1411: 03 .1350 MAIN STR1 1 r t i SPRINGFIELD. MASSACHUSETTS 01103}]Q9:'' � MARTHA COAKLEY no01.3)7-84-1240 ; A'1'CC}L�I:Y 1311\•{i!{.II. >. l`}��rs��>� fT .State ll -f October 2,2007 . c . Joyce A.Bradshaw,Town Clerk i 1.20 Main Street North Andover,MA 0184.5 E RE: North Andover Annual Town Meeting of May 14,.2007 —Case4 4430 Warrant Articles##38,39,47,48,and 49(General) Warrant Articles#27,28,34,36,and 37(Zoning) - I Dear Ms.Bradshaw. F Articles 28.30 3b-37-38,39 47 4$ at�cl 49- 1 return TVi the approval of this f ficethe, amendments to the town by-laws adopted under these Articles on the warrant for the North Andover annual town meeting that convened on May 14,2007,and the maps pertaini , to Article 28 and 30, i t Article 27- I return with,the approval of this Office the amendments adopted under this Article,except as provided below. i The amendments adopted under Article 27 add to the town's zoning by-laws a new Section 17,"Osgood Smart Growth Overlay District"(OSGOD). The proposed by-law was adopted t. pursuant to General Laws Chapter 40R and the regulations adopted thereunder. General Laws � Chapter 40R alloys munici ahties to en a housin I p g g production that aligned u ith the principles of "smart growth"and in doing so towns may obtain financial grid other incentives.accarded exclusively to Smart Growth Zoning Districts, General Laws Chapter 40R prescribes the methods for a town to ! establish a Smart Growth ZoningDistrict and-re ' quires approval by this Office and by the of Housing and Community Development(DHCD), 1 We point out that the town must still comply with the provisions of G.L,c.40R, §4(b),by obtaining final approval from DHCD of the"Smart Growth Overlay District." Our approval of the arnchdments adopted under Article 27 is conditioned upon approval by DHCD. Thus,the amendments adopted under Article 27 do not take effect unless and until it receives both such approvals and the town clerk posts and publishes the by-law provisions in accordance with G,L.c,40,§32. We also FAUSERMITCHIMPS ITOcS�TOWNSWOrlh AndaverVt4430A.DIS,wpd ATTEST. A True Copy A ;a.x� - �''. - Town Ole& i 3 3 - 3 - ni dSt les Posal_service 601 F.Supp, 125, 12728(D.NJ. 1985)(local zoning regulations inapplicable to the Postal Service's construction plans). The"State and State instrumentalities are immune from municipal zoning regulations,unless a , statute otherwise expressly provides to the contrary."-'Inspector of Buildings.o f Salem v alem State lee 28 Mass.App,Ct,92,95(1989)(The Cormnonwealth's immunity fi•om zoning regulation is broader tlim the exemption for as of right uses created in G,Y,c,40A, 3); Count .ornmissioners of Bristol v. Conservation Commissioners of Dadmodth,380 Mass.706,748-711 (1980)(neither Horne i Rule Amendment or the Zoning Enabling Act changed presumption of state and county itutnunity from municipal zoning). Thus,we caution the town to apply its requirement for site.plan review for governmental uses in a manner consistent with state and federal law. F We next call the town's attention to Section 17,6.2,which pertains to'the Mixed-Use i Development Zone of the OSGOD. Section 17,6.2.3(1 l.)pertains to uses allowed by special permit in tho Mixed-"Use Development Zono of the OSGOD and provides that non-profit schools are allowcd 'by special permit. 'We also call the town's attention to Section 17.6.3.3 (5),which allows non-profit schools by special permit in the Business Opportunity Zone. rn approving these portions of Sectiori, .17.6.23(11)and 1.7,6,3,3 (5),we call the town's attention to the protections accorded to such uses 9 under G.L_c.40A,§3. General Laws Chapter 40A,Section 3,provides in pertinent part; j No zoni vg.,.by-law sball prohibit,regulate or restrict the use of laud or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of Its agencies,subdivisions or bodies politic or by a religions sect s or denoinination,or by a nonprofit educational corporation;provided,however,thatui%A land or stiuctures uiav be subiect io reasonable regulations concerning the bulk and height of structures and determining yard sizes,jot area,setbacks,open space,Rak, g and bitilding coverage requirements.. . . (Emphasis added.) s . I I Section 3 provides exemptions from local zoning for the use of land or structures for certain educational uses,but authorizes the reasonable regulation of such uses in eight areas. Such uses maybe subject to reasonable regulations pertaining to bulk and height of structures,yard size,lot area, setbacks,open space,parking,and building;coverage requirement& As stated in more detail above, G.L.c.40A,§3,provides exemptions for the use of land or structures for certain educational uses. 1 Thus,if an educational use enjoys protections ander G.L,c.40A,§ 3,it would be inconsistent with state law to prohibit,regulate,or restrict,including requiring a special-permit for such use. Therefore, ) the town must apply Sections 17.6.2.3 and 17.6.3.3 in a manner consistent with G.L.c.40A, §3. - We-next call the town's attention to Section 17,6.4,which pertains to prohibited uses and provides that all uses not expressly allowed are prohibited. In approving Section 17.6.4,we remind the 1 town of the protections accorded to certain uses and structures under G.L. e.40A,§3. General Laws F:1tJSbRSIR1TCH1MWP61WQQSkTOWN1SVNurlh Andover%#4430A-D1S.wpd 4 Chapter40A,Section 3,provides exemptions from local zoning for uses and structures including 1 agricultural uses,-religious uses,educational purposes,and certain day care centers.Thus,the town j cannot- ohi it require aspecial permit,or unreasonably regulate those uses that are accorded i protections under G.L.c.40A, §3. We caution the town to apply the proposed by-law,includhig ' Section 17.6.4,in a mantler consistent with G.L.o.40A,§3. We next call the town's attention to Section 17.6.5,which pertains in pertinentpart to criteria i for special permits and provides in as follows: 17.6.5.2 The Plan Approval Authority may grant•a Special Permit or other approval within the framework of tbla Section 17 only after holding a public hearing which must be held within sixty-five(65)days after the applicant files for such Special Permit or other l approval.. ..The Applicant is responsible for transmitting a copy of the application for a j Specail Permit or other approval within toren -four am JUlm of the filing of the ' application with.the Town Clerk and[sic]to the Planning Board. (Emphasis added) Section 17.6.5.2 requires air applicant,for a special permit or other approval to tr�nsufit a copy {� of the application to the Planning Board withui 24 hours of filing the application with the Town Clerk. ! In approving Section 17.6:5.2,we remind the town of the requirements of G.L.c.40A,§ 9,and c.40R;§ 11. General Laws Chapter 40,Section 9,pertains to special permits acid provides in pertinent part as follows: Each application for a special permit shall be filed by rife petitioner with the city or town clerk and a copy of'said application,including the date and time of filing certified by the city or town clerk,shall be filed JqgbXdIh by the petitioner with the special permit granting authority. (Emphasis added,) General haws Chapter 40R,Section 11,pertains to applications for approval of smart growth projects and provides in pertinent part as follows: C)An application for approval under this section shall be filed by the applicant with the...town clerk and a copy of the application including the date of filing ceftified by ' the town clerk shall be filed forthwith With the approving authority. [ General Laws Cliapter 40A,Section.9,requires that an applicant file"forthwith"copy of the applicant with the special permit granting authority and c.40R,§ 11,requires that an applicant file °`forthwith"a copy of the application for project approval with the approval authority. We are unable to-find any cases defining"forthwith." According to Mark Bobrowski,there is no case law construing bis requirement;however,the Appeals Court has said in the context of the Subdivision Control Law, � i F-%USE*MITCHJL+twP61M:)OCSk'I'OWNSINorth Andover11:4430A.DIS.wpd i •r�fr..:a ! 1 Response is Gs�Gathi� is (Pa'c LadeY:M Ury,Ctl: Qfit, In an attempt to expedita the process,d spoke with Town Counsel directly and he indicated that solar is allowed underthe underlying 1-2 district at Osgood Landing.Itis my opfrnlon that since tha town allows stylar atOs$ood Landing and in all i-2 districts,tha legal orgument made Lmder 40A,Section 3 which provides"no toning ordfnance or by-law shall prohibitor unreasonably regulate the installatiori of solar systern.—`does not pertain,especially since you were fnvafved in.creating the 4011 tone which did not expressly identify solar as a use. Since tha overlay district has already:belan used at the property For permitting utas that would not be allowed under 12,the question now turns to the ability to use eitherthe underlying 1.2 toning or the provisions of the 40R overlay district on a rase byegsa basisdepanding on which 1s more favorable to the property owner. Please have your counted provide an opinion regarding that question. Regards, Andrew W.Maylor Tawe Manager Tamal North Andover 320 maia strecr North Andover.MA 01845 Phone 928.6M.3510 Fax 478.698.9556 Eenali am�yrnr.{ oFnoNhandavercom Web iv1wi.TovmolMarthAndovarcom 9 z;yA �, X33 s� �I-;,,,,` � . 1 .. TOWN OF NORTH ANDOVER Office of the Building Department pF aT� ,, 9.y Community Development and Services i 6,6 °oma 1600 Osgood Street, Bldg.20,'Suite 2035 North Andover, MA 01845 978-688-9545 3AA�AA7ED IPpy.�S �SSACHUSEt Gerald Brown, Inspector of Buildings March 24,2015 To:Town of North Andover Planning Board Fr:Gerald Brown,Inspector of Buildings Re: Osgood Solar LLC Special Permit—Construct Rooftop and Parking Canopy Mounted Solar Photovoltaic System-19,500 Solar Modules,6 MW.Approximately 5,500 Rooftop Mounted Solar Modules and approximately 14,000 Carport Canopy Modules mounted on structures approximately 39 feet wide comprised of approximately 21 rows, 150-630 feet long. Section 10.1 of the North Andover Zoning Bylaw provides that the Bylaw shall be enforced by the Building Inspector. Based on my review of the application dated4dafeh-20,2015 for a Special Permit I have determined the following: 1. Section-17.3.2 of the Osgood Smart Growth Overlay District(OSGOD)of the Zoning,Bylaw states in part: "Withinthe boundaries of the OSGOD, a developer may elect to either develop a site in accordance with the requirements of this Section 17,or to develop a site in accordance with.the requirements of the regulations for use,dimension and all-other provisions of the Zoning Bylaw governing the underlying zoning districts(s)." On June 17,2014 this site(Assessor Map 34, Parcel 17) received approval of a Special Permit under the OSGOD. 2. The solar installation for purpose of a generating facility,which is being applied for here, is not a listed use under the As-Of-Right Uses allowed (As-Of-Right Uses Section 17.6.1.2) 3. Prohibited Uses(Section 17.6.4)states"All uses not expressly allowed are prohibited." 4. ; In addition,the application states itis for a "manufacturing" use. In my opinion a solar stallation for purposes of a generating facility for some utility users-who are not on the site, it is not "manufacturing" under the OSGOD Bylaw. Sincerely, Gerald Brown Inspector of Buildings f r Osgood Solar, LLC 1600 Osgood Street North Andover, MA 01845 April 7, 2015 Re: Osgood Solar,LLC—OSGOD Plan Approval Application,Request for Withdrawal Without Prejudice Dear Members of the Planning Board, 1. Osgood Solar, LLC("Osgood Solar") is proposing to construct and operate a solar generation project (the "Project")at 1600 Osgood Street(the "Property"). a. The Project will help the Commonwealth of Massachusetts achieve its Greenhouse Gas Emission Reduction requirements under the Global Warming Solutions Act and will produce only positive environmental benefits. b. More importantly,the Project will provide significant long-term economic benefits to the Town,which include the payment of real property taxes, the realization of substantial savings to the Town on its municipal electric bill, and the construction of improvements to the Property that are consistent with existing uses and will help attract additional tenants to the Property. We anticipate that the immediate economic value of the Project to the Town will be several hundred thousand dollars per year—all without any increase in the Town's expenses. 2. We filed our application in advance of obtaining input from the Building Inspector because we did not anticipated that the Project would be prohibited on the Property under 40R Overlay District(or even the base 1-2 District). We now understand that the Building Inspector believes that the Project is not an allowed use on the Property. 3. We respectfully disagree with the Building Inspector's opinion for several reasons. a. The Building Inspector believes that a prior permit issued for the Property authorizing the construction of a 5000 sf Theatre(ACT Theater) in an existing building requires that all future activity on the Property be permitted only under the Overlay District's provisions. This interpretation is not consistent with the provisions of the Town's own Zoning Bylaw,the Commonwealth's Model 40R Bylaw,or the manner in which 40R Overlay Districts have been implemented throughout the Commonwealth. b. The Building Inspector's opinion that solar generating facilities are not an allowed use—on the basis that they are not specifically permitted under Section 17 of the Town's Bylaw—also is not consistent with the provisions of M.G.L.Chapter 40A,Section 3 (which allows the construction of solar generation facilities"as of right"). In addition,that opinion also disregards the specific caution on this very issue that was provided by the Massachusetts Attorney General when it approved the OSGOD Bylaw in 2007. c. Finally,the Building Inspector's opinion that the Project is not a manufacturing use is not consistent with the provisions of M.G.L. Chapter 164. 4. We are working with the Town and the Building Inspector in an attempt to resolve this disagreement, and in the meantime will be filing an appeal with the Zoning Board of Appeals to protect our rights. Until this issue is resolved, it does not make sense for the Planning Board or Osgood Solar to continue to evaluate the current application. 5. As such, we respectfully request that the Planning Board grant Osgood Solar's request to withdraw, without prejudice,its OSGOD Plan Approval Application dated March 20, 2015. Respectful6 Su emitted, Danieieary,As Agen or Osgood Solar, LLC Y -s _ ; .,� l-'.'• Jnr_. i' �!r 2�+yYV�i �..� 1 s- ..may. ..._. 4 T tid��y I •3:r�u11 �� fri� � yy,�� a�w. s..rte❑ +F arwr��-�a�w�l..+ ��{i��:f�,.ejr'��tw�.e��Y+�t �C� �-ll.F,r _ r 9. Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permitted with a Special Permit. 10.Printing and reproduction. 11. Light manufacturing, including manufacturing, fabrication,processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise,vibration, light or other adverse environmental effect. 12. a. Farming of crops and row crops,truck gardens, orchards,plant nurseries, and greenhouses. b. On any lot of at least three(3) acres,the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres,the keeping of one (1) additional al or bird;but not the keeping of animals birds or pets of persons not resident on such animal , p g P lot. c. On any lot of at least five (5)acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. 13. Warehousing and wholesaling shall be permitted only as a secondary use. 14. Golf course. 15. Parking, indoor storage and other accessory uses customarily associated with the above uses,provided that such accessory use shall not be injurious,noxious, or offensive to the neighborhood. 16. Day Care Center by Special Permit(1985/23). 4.133 Industrial 2 District 1. Research and development facilities. 2. Business,professional and other offices. 3. Retail and food uses shall be permitted if they are accessory to the principal use and are primarily intended to service the principal use. No more thanten percent(100 o)of the gro&floor area (GFA)of the principal use may be devoted to accessory use. Where there is more than one principal use each use may only have ten percent(10%)of gross floor area(GFA) devoted to any accessory use. (Refer to Section 2.21,Definition of Accessory Use Structure). (1987/25) 4. Place of worship. 5. Non-profit school or private school for profit. 6. Public service corporation and energy or resource recovery facility,provided that said resource recovery facility has first obtained a valid site assignment from the Board of Health pursuant to Section 150A of Chapter 111 of the General Laws. Any dumping of ash or other hazardous material generated by such facility shall be subject to Special Permit Granting Authority to be the Planning Board. (1992/56), (1999/28) 7. Medical center, clinic, or medical laboratory. 8. Art gallery. 9. Recreational uses, including swimming club,tennis club, health club, indoor ice skating facility, and indoor/outdoor athletic recreation facility by Special Permit. 10. Printing and reproduction. 11. a. Light manufacturing, including manufacturing, fabrication,processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, 45 detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. b. Renewable or alternative energy research and development facilities, renewable or alternative energy manufacturing such as wind, solar, biomass, and tidal on any lot with a minimum of twenty-five (25) acres; less than twenty-five (25) acres but a minimum of ten(10)acres by Special Permit. 12. a. Farming of crops and row crops, truck gardens, orchards,plant nurseries, and greenhouses. b. On any lot of at least three (3) acres,the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five(5)acres,the keeping of one (1) additional animal or bird; but not the keeping of animals, birds, or pets of persons not resident on such lot. c. On any lot of at least five(5)acres,the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. 13. Warehousing and wholesaling. 14. Golf course. 15. Lumber or other building materials storage or sales, fuel storage or contractor's yard, provided all outdoor uses are enclosed by a fence of five(5) feet or more in height. 16. Bus garage. 17. Automobile service station(limited to one in each 2000 linear feet of street or highway as measured along centerline.) 18. Car wash. 19.Automobile or other motor vehicle repair,provided all activities are within an enclosed building. 20. Veterinary hospitals and kennels,provided all activities are with and enclosed building. 21. Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. 22. Day Care Center by Special Permit(1985/23). 23. Hotelsan mo ee slimite�ic to one in each 2-000-Linear feofstreetor highway as measured along the centerline. 4.134 Industrial 3 District 1. Public buildings. 2. Public garages and accessory buildings. 3. Public service corporations. 4. Public sanitary disposal site. 5. Public storage of equipment. 6. All uses permitted in the Industrial 1 District. 7. Day Care Centers by Special Permit(1985/23). 4.135 Industrial "S"District 1. Research and development facilities. 2. Business,professional and other offices. 3. Place of worship. 4. Non-profit school or private school for profit. 5. Public building or use and public service corporations. 6. Printing and reproduction. 46 � Response io drBS�aEtFs{B+f•. Irian attempt to expedite the process,I spoke with Town counsel directly and he Indicated that solar is allowed under the underlying 1.2 district at Osgood Landing.It Is my opinion that since the.town;allows solar at Osgood Landing and in all 1-2 districts,the legal argument made wider 4DA,Section 3 which provides"no toning ordinance or by-law shall-prohibitor unreasonably regulate the installation of solar system...,,'does not pertain,especially since you were involved in.creating the 4011 tone which did not exprassiy Identity solar as a use. since the overlay district has already:boan used at the property For permitting uses that would hot ba allowed under 12,th a question now turns to the ability to use either the uhdoelying 1-2 toning or the provisions of the OR overlay district on a rase bytasa basis depending on which is more favorable to the property Owner. Please have your counsal provide an opinion regarding that question- Regards, Andrew W.Maylor Tawe Manager Town nI North Andmer ?20 MainStreet North Andow,MA 03845 phone 978.688.+7510 Fax 998.68$.9556 EmaSl empyinr to�noFnarthan�overco� Loeb Lyywi.Towne1NorthAndowrcam 19 W . 1' no w I j s F I f Chapter 40,A,Section 3,provides exemptions from local zoning far uses and structures including t agricultural uses,-religious uses,educational purposes,and certain day care centers.Thus, the town cannot. rani it require a special permit,or unreasonably regulate those uses that are accorded 1 protections under G.L. c.40A, §3. We caution the town to apply the proposed by-law,including ' Section 17.6.4,in a manner consistent with G.L,c,40A,§3. We next call the town's attention to Section 17.6.5,which pertains in pertinentpart to criteria ? i for special permits and provides in as follows: � 17.6,5.2 The Plan Approval Authority may grant'a Special Permit or other approval within the framework of this Section 17 only ager holding a public hearing which must be held within sixty-five(65)days after the applicant files for such Special Permit or other 4 approval.• ••The Applicant is responsible for transmitting x copy of the application for a 1 Specail Permit or other approval within twee -fou 24. onus of the Cling of the j application with the Town Clerk and[sic)to the.Planning Hoard. - - i (Emphasis added) . 1 Section 17.6.5.2 requires ail applicant for a special permit or other approval to transmit a copy { of the application to the Planning Board within 24 hours of filing 1#tc application with the Town Clerk. In approving Section 17.6.5.2,we remind the town of the requirements of G.L.c.40A,§ 9,and c.40R;§ 11. General Laws Chapter 40,Section 9,pertains to special permits acid-provides in pertinent part as follows: - f Each application for a special permit:shall be filed by the petitioner with the city or town clerk and a copy of'said application,including the date and time of filing certified by the city or town clerk,shall be filed#orthwith by the petitioner 1vith the special permit granting authority. (Emphasis added.) General.Laws Chapter 40R,Section 11,pertains to applications for approval of sivart growth projects and provides in pertinent partas follows: ! - - c)An application for approval under this section shall be filed by the applicant with t the. ..town clerk and a copy of the application including the date of filing certified by the town clerk shall be filed forthwith with the approving authority. General haws Chapter 40A, Section.9,requires that an applicant file"forthwith'copy of the applicant with the special permit granting authority and c.40R,§ 11,requires that an applicant file ! "`forthwith"a copy of the application for project approval with the approval authority We are unable to.find any cases defining"forthwith." According to Marla Bobrowski,there is no case law construing this requirement;however,the Appeals Court has said in the contend of the Subdivision Control Law, � r F:tUSER•=ITCHIMWP61=CSITO%VNS11North AndoverW4430A.DI5.wpd .......... .. ......... 601 F.Supp. 125, 127-28(D.NJ. 1985)(local zoning regulations inapplicable to the Postal Service's construction plans). The*,State and State instrumentalities are immune from municipal zoning regulations,unless a statute Otherwise expressly provides to the contrary." sec or of Bui IIdin of Salem v. aggm State _CAege,28 Mass.App.Ct, 92,95(1989)(The CoMinonwealth's immunity fi-om zoning regulation is broader tliari the exemption for as of right-uses created in a.-L.C.40A, § 3); County Conarnissinners of B�ystol v. Conservation nissioners of D&r-tmoqtb 380 Mass.706,709-711 (1980)(neither Home Rule Amendment or the Zoning Enabling Act changed presumption of state and county immunity from municipal zoning), Thus,we caution the town to apply its requirenicat for site.plan-review for governmental uses in a manner consistent with state and federal law. We next call the town's attention to Section 17.6.2,which pertains to the Mxed-Use Development Zone Of the 080013. Section 17.6.2.3(1 t)pertains to uses allowed by special permit in the Mixed Use Development Zone of the OSGOD Efild provides that non'-profit schools are allowed 'by special permit. 'We also call the town's attention to Section 17.6.3.3 (5),which allows non-profit schools by special permit in the Business OPPOrtimitY Zone. In approving these portions of Sections (11)and 17.6.3.3 (5),we call the town's attention to the protections acroEded to such uses under G.1,c.40A,§3. General Laws Chapter 40A,Section 3,provides in pertinent part: No zGniug...by-law shall prohibit,regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agenci&s,subdivision or bodies p litic or by a religious see of denomination,or by a nonprofit educational corporation;Provided,however,thatWA land or skud:uMLn_i_ay be stibi ect to reasonable MIdatiOns MMM-IM9 the bulk and height of structures and determining yard sizes,jot area,setbacks,open space,RgLkiU and biulding coverage requirements— . (Emphasis Added.) Section 3 provides exemptions from local zoliffig for the use of land or structures for certain educational uses,but'authorizcs the rcasdhable regulation of such uses in eight areas'. Such-uses may be subject to reasonable regulations pertaining to bulk and height of structures,yard size,lot area, setbacks,open space,parking,and building coverage.requirements. M stated in more detail above, C.40A,§3,provides exemptions .for the use Orland or structures for certain educational uses. .Thus,if an educational use enjoys protections under G,L,c.40A.,§3,it would be inconsistent with state law to prohibit,regulate,or-restrict,including requiring a special-permit for such use. Therefore, the town must apply Sections 17.6.2.3 and 17.6.3.3 in a:manner consistent with G.L.c.40A, §3. We next call the town's attention to Section 17,6.4,which pertains ta to prohibited uses and provides that all uses not expressly allowed are prohibited. .Jn.approving 'Section 17.6.4,w' e remind the town Of the,Protections accorded to certain uses and structures under 0- L. C.40A,§3. General Laws F--'UURMITCHIMWp6f\T)QC51TOWt,'SWarLh MdoYer\#4430AMfS.wpd 4 DHE CommoNwFiALTH OF MASS� TTS ,q f OFFICE OF THF, ATTORNEY`:G-E- RtkA-E---- WI-SURN MASSACHUS.ETVIRYETiL : 4 1350 MAINSTM-rrA141103 MARTHA COAKLEY j49.3)7-34-1240 Cretober 2,2007 Joyce A.Bradshaw,Town,Clerk 120 Main Street North Andover,MA 01845 IRE: Ndrth Andover Annual Town Meeting of May 14,2407--Case#4430 Warrant Articles#38,39,47,48, and 49(General) Warrant Articles#27,28,30,360 rind 37(Zoning) Dear Ms.Bradshaw, Articles 28�3Q�3Ga -39,--411�48 return with th6'jp�jav-al- -08 �i!:ffi-—h- orGisi-0-fice,the amendments to the town by-laws adopted under these Articles on the warrant for the North Andover annual town meeting that convened on May 14,2007,and the maps pertaining to Articles 28 and 30.- Article 27- I return with the approval of this Office the amendments adopted under this Article,except as provided below. The amendments adopted under Article 27 add to the town's zoning by-laws a now Section 17,"Osgood Smart Growth overlay District!'(OSGOD). The proposed by-law was adopted pursuant to General Laws Chapter 40R and the regulations adopted thereunder. General Laws Chapter 40R allows municipalities to encourage housing production that-is aligned with the principles of "smart growth!'and in doing so towns may obtain financial mid Other inc entives.accorded exclusively to Smart Growth Zoning Districts. General aws Chapter 40R prescribes the methods for a town to establ,ish a Smart Growth Zoning District and requires approval by this Office and by the Department of Housing and Community Development(DHCD). We Point Out that the town must still comply with the provisions of G.L.c.40R', §4(b),by obtaining final approval from DHCD of the"Smart Growth Overlay District." Oui approval of the amendments adopted under Article 27 is conditioned upon approval by DHCD. Thus,the amendments adopte'd under Article 27 do not take effect unless and until it receives both such approvals and the town clerk posts and publishes the by-law provisions in accordance with G.L.c.40,§32. We also ATTEST. FAUSrsRMTCHMkWP6 MDOMTOWNMorth AndaverVt4430A.D1S.Wpd A Tvie COPY Town Ole& WILMEaIALE Orit and Jeff Goldstein March 18,2015 Page 2 We agree with the conclusion reached by PowerOwners. Under the Town's interpretation,the only properties in the I-2 District that are large enough to allow a solar project as-of-right under the Amendment consist of(a)the Property, (b)property managed by a quasi-governmental commission for the operation of the Lawrence Municipal Airport,and(c)property managed by the Greater Lawrence Sanitary District for the operation of a wastewater treatment plant. If the Town is correct that any development on the Property can occur only under the provisions of the Overlay Distriet,3 then a solar project would be in Town as-of-right only on property that is owned by a quasi-governmental entity and is dedicated to a public use, We do not believe that such a restriction satisfies the"reasonable regulation"requirement in Section 3. More importantly,it would not comply with the specific caution on this point that was raised by the Massachusetts Attorney General when it approved the Overlay District in 2007 4 We also note that the Town's interpretation ignores the fact that the Property owner previously constructed several rooftop solar projects on the Property under the provisions of the Overlay District. Finally,the Town's interpretation of the Amendment raises a serious question as to the legality of other solar projects(such as rooftop projects)that have been constructed in the Town after the enactment of the Amendment. If the Town is correct,these projects should not have been allowed except in an I-2 District—a result which clearly could not have been intended. In light of this,the only reasonable conclusion is that the Amendment was enacted only for purposes of clarification,and not as an absolute prohibition. As such,we continue to believe that the development of the Project is allowed in both the Business Opportunity Zone and Mixed-Use Development Zone portions of the Overlay District s s Although we do not agree with this conclusion,it is not necessary for us to address it in this memorandum. a The Massachusetts Attorney General specifically stated that"We next call the town's attention to 17.6.4,which pertains to prohibited uses and provides that all uses not expressly allowed are prohibited. In approving Section 17.6.4,we remind the town of dieprotections accorded to certain uses under G.L.c.40A,/Section]3. ... This,the town cannotrp ohibit.require a special permit,or unreasonably regulate those uses that are accorded protections under G.L.40A,[Section]3. We caution the Town to apply theproposed by-law,including Section 17.6.4,in:a manner consistent with G.L.c.40A,IsectionJ 3."[Emphasis added]. S Because the Project would be located only in the portion of the Property that is covered by both the I-2 District and the Business Opportunity Zone and Mixed-Use Development Zone portions of the Overlay District,there is no need at this time to address the question of whether a property owner can use either the underlying 1-2 District zoning or the provisions of the Overlay District on a case-by-case basis. Allowing the Project to proceed as proposed will not create a precedent regarding any future development on the Property,and neither the Property Owner nor the Town will have waived its rights or arguments with respect to this question. ActiveUS 143603531v.3 WILMERHALE MEMORANDUM +1 817 526 6178 +1017 7 526 5000 Date March 18,2015 mark_kafpi Qwilmerhale.cwm 7o Orit Goldstein Jeff Goldstein From Mark C.Kalpin Re Osgood Solar/North Andover Zoning Analysis On March 5,2015,we provided Osgood Solar,LLC("Osgood")with an analysis of zoning issues related to Osgood's proposal to develop a solar generation project(the"Project")in North Andover,Massachusetts on property(the"Property")that is owned and/or managed by Ozzy Properties. The Project would consist of roof-top mounted solar panels,carport-mounted solar panels,and/or ground-mounted solar panels,and be located within the 1-2 Industrial Zoning District(the 1-2 District")and the Smart Growth Overlay District(the"Overlay District"). On March 9,2015,the Town of North Andover(the"Town")responded to our analysis. Because solar is specifically allowed in the I-2 District under a 2010 amendment to the Town's Zoning Bylaw(the"Amendment"),the Town stated that M.G.L.Chapter 40A,Section 3 ("Section 3")does not apply to the Project. The Town also stated that since the Overlay District had been used at the Property for permitting uses that would not be allowed under the I-2 District,a question existed as to whether the Property owner could use the provisions of either the underlying I-2 District or the Overlay District on a case-by-case basis. After careful consideration,we respectfully disagree with the Town's analysis,and continue to believe that construction and operation of the Project on the Property is authorized under both Section 3 and the zoning applicable to the Property.' We understand that your consultant,PowerOwners,has reviewed the background history associated with the passage of the Amendment,2 Based on its review,PowerOwners believes the Amendment was enacted for purposes of clarification(that is,it identifies the types of renewable projects that would or would not be allowed in the I-2 District),as opposed to prohibiting the construction and operation of all renewable projects in the Town except in the I-2 District. I In reaching this conclusion,we note that the Project is proposed only on those portions of the Property that are covered by both the I-2 District and the Business Opportunity Zone or Mixed-Use Development Zone portion of the Overlay District,and would not be located within the Residential Mixed-Use Zone of the Overlay District. z PowerOwners contacted Curt Bellavance,who was employed by the Town when the Amendment was enacted Vilmer Cutler Pickering Hale and Dort ttv,60 State Street,Boston,Massachusetts 02109 Beiiing Berlin Boston Brussels Denver Frankfurt London Los Angeles New York Oxford Palo Alto Washington ActiveUS 143603531v.3 WILMERHALE MEMORANDUM 41817 6268176 +1617 626 6000 Date March 5,2015 mark.kalplit0wilrierhale.com To Orit Goldstein From Mark C.Kalpin Bob Fitzpatrick Re Osgood Solar/North Andover Zoning Analysis Osgood Solar,LLC("Osgood")is proposing to develop a solar generation project(the"Project") in North Andover,Massachusetts on property(the"Property")that is owned and/or managed by Ozzy Properties. As currently proposed,the Project involves the development of roof-top mounted solar panels,carport-mounted solar panels,and ground-mounted solar panels. The Property is located within North Andover's I-2 Industrial Zoning District(the"I-2 District"),and is also within North Andover's Smart Cnowth Overlay District(the"Overlay District"). This memorandum explains why the use of the Property for the Project is consistent with and entitled to approval under both state law and local zoning law. State Law. The starting point for the analysis is M.G.L. Chapter 40A, Section 3,which provides that"[n]o zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health,safety or welfare"(hereinafter referred to as "Section 3"). M.G.L.Chapter 40A,Section 1 defines a"Solar Energy System"as"a device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or to provide for the collection,storage and distribution of solar energy for space heating or cooling,electricity generating,or water heating." In enacting Section 3,the Legislature incepted the development of Solar Energy Systems by shielding them from local zoning prohibitions and unreasonable zoning regulation,except to the extent necessary to protect health,safety or welfare. Osgood's Project falls within the definition of a"Solar Energy System,"and thus is entitled to the protection provided by Section 3. See Duseau v.Szawlowskl Realty, Inc. 12 Misc. 470612(Mass.Land Ct.Jan.2,2015)(reviewing solar farm use relative to Section 3 protection).' I In Duseau,the Town of Hatfield enacted a zoning bylaw that limited the operation of solar projects to industrial zoned areas. Although the proposed solar farm would have been covered by the provisions of Section 3,the Court upheld the Town's bylaw because the project developer had not shown(as required by Section 3)that it prohibited or otherwise unreasonably regulated the operation of the solar farm. As noted below,in this case Section 3 is applicable to the Project because the Town of North Andover has not enacted a solar generation-specific ordinance. Wilmer Cutler Pickering Hale and Dorr Lu,60 State Street,Boston,Massachusetts 02109 Beijing Berlin Boston Brussels Denver Frankfurt London Los Angeles New York Oxford Palo Alto Washington ActiveUS 142692584v.2 In light of the above, Osgood Solar respectfully requests that you determine that the Project is an allowed use in the base Industrial 2 District as specified in Section 4.133 of the Town of North Andover Zoning Bylaw. Respectfully Submitted, Daniel P. Leary,As Agent for Osgood Solar, LLC Attachments 1. WilmerHale memorandum to Orit Goldstein, March 5,2015 2. WilmerHale memorandum to Orit Goldstein, March 18,2015 3. Attorney General comments on OSGOD,October 2,2007 4. Maylor Email Message to Orit Goldstein, March 9,2015 ActiveUS 144305966v.1 o In enacting Section 3,the Legislature incented the development of Solar Energy Systems by shielding them from local zoning prohibitions and unreasonable zoning regulation,except to the extent necessary to protect health,safety or welfare. o There is no question that the Land Court would rule that the Project falls within the definition of a"Solar Energy System. See Duseau v.Szowlowski Reaity,Inc. 12 Misc. 470612(Mass. Land Ct.Jan. 2,2015)(reviewing solar farm use relative to Section 3). o The Project is subject to the provisions of and the protection provided by Section 3. • Any determination that the Amendment precludes the construction of the Project within the Business Opportunity Zone would violate the provisions of M.G.L.Chapter 40A,Section 3. o Interpreting the Amendment to prohibit the Project in the Business Opportunity Zone would mean that the only properties in the Town that are large enough to allow a solar project As-of-Right consist of(a)property managed by a quasi-governmental commission for the operation of the Lawrence Municipal Airport,and(b) property managed by the Greater Lawrence Sanitary District for the operation of a wastewater treatment plant. o Limiting the future construction of solar generation projects in the Town to only property that is owned by a quasi-governmental entity: ■ violates the"reasonable regulation" requirement in Section 3, ■ ignores the fact that the Property owner previously constructed several rooftop solar projects on the Property under the provisions of the OSGOD, and ■ raises a serious question as to whether any other solar project constructed in the Town since 2010(including residential rooftop projects)are legal. o The Project is entitled to the protection provided by Section 3. • Your determination violates the terms of the approval for the OSGOD that were issued by the Massachusetts Attorney General's Office in 2007, and which confirmed that M.G.L.Chapter 40A,Section 3 would continue to apply with the OSGOD. o In its approval,the Massachusetts Attorney General specifically stated that"We next call the town's attention to 17.6.4,which pertains to prohibited uses and provides that all uses not expressly allowed are prohibited. In approving Section 17.6.4,we remind the flown of the protections accorded to certain uses under G.L. c.40A, [Section]3. ... This,the town cannot prohibit, require a special permit,or unreasonably regulate those uses that are accorded protections under G.L.40A, [Section]3. We caution the Town to apply the proposed by-law,including Section 17.6.4,in a manner consistent with G.L.c.40A,[section]3." [Emphasis added]. • The Project also qualifies under M.G.L.Chapter 164 as a manufacturing use that is allowed As- of-Right in the Business Opportunity Zone. There is no legal support for your determination otherwise. • Finally,your determination also is not consistent with permit authorizations that were granted by the Town after June 17,2014 for new construction activities on the Property. o Those permits were issued under the base Industrial 2 District. o None of the permits states that the provisions of the OSGOD are applicable. ActiveUS 144305966v.1 o The Model Bylaw applies the"future development election" identified in your letter on a Project-by-Project basis,and not a site-by-site basis as does the Town Bylaw. o Because the Model Bylaw defines a Project as a Residential Project or Mixed-use Development Project, it is understandable that the Town would not use the term "Project"in its Bylaw as the OSGOD includes several sub-districts,including the Business Opportunity Zone. o Neither the Town's Zoning Bylaw nor the OSGOD define the word "site." • In your letters dated June 17,2014 and March 24,2015,you incorrectly determined that the word"site"means"Lot"or the entire Business Opportunity Zone portion of the OSGOD. o Your determination is not reasonable. o Asa matter of law,a word (such as"site")cannot have the same meaning as a defined term. Otherwise,the presumption is that the defined term would have been used instead of the word. ■ A word such as"site" must have a different meaning that any term that is defined in the Town's Zoning Bylaw. ■ The word "site"cannot have the same meaning as the defined term"Lot,"or mean the same thing as an entire sub-district such as the Business Opportunity Zone. o The only reasonable determination—especially given the fact that the Business Opportunity Zone is 126 acres in size,and that an Overlay District such as the OSGOD can be comprised of multiple parcels of property with multiple owners—is that the word"site" means that the specific area of a property on which the proposed project would be conducted. • Determining that the word "site" means the entire Business Opportunity Zone(or even the entire OSGOD)would lead to an absurd result. o The portion of the Property comprising the Business Opportunity Zone portion of the OSGOD is-126 acres in size. o It is unreasonable to conclude that the development of a 5000 square foot project in an existing building would render all future development on the 126 acre Property subject to the OSGOD. o This is especially true since no affirmative election was made at the time the prior application was submitted,and your determination would be binding(without notice) on any future owner of all or any subdivided portion of the Property. • Your determination that the Project is not allowed in the OSGOD is not consistent with the provisions of M.G.L.Chapter 40A,Section 3. o Section 3 provides that"[n]o zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy,except where necessary to protect the public health,safety or welfare." o M.G.L. Chapter 40A,Section 1 defines a"Solar Energy System"as"a device or structural design feature,a substantial purpose of which is to provide daylight for interior lighting or to provide for the collection,storage and distribution of solar energy for space heating or cooling,electricity generating,or water heating." ActiveUS 144305966v.1 The Proiect is an Allowed Use in the Industrial 2 District • On May 2, 2010,the North Andover Annual Town Meeting adopted an amendment to Section 4.133(the"Amendment")that specifically clarified that renewable energy generation,including but not limited to solar generation,was allowed within the Industrial 2 District provided that minimum lot size requirements were met. • Prior to the Amendment's adoption,solar generation facilities were allowed in the Industrial 2 District as a manufacturing use,and had been installed on the Property. • The Property exceeds the requirement in Section 4.133.11.11b that allows for As-of-Right construction if the Lot has a minimum size of twenty-five(25) acres. • On March 9,2015,the Town Administrator confirmed that construction of the Project was allowed in the base Industrial 2 District. Status of Osgood Solar's Pending Application under the OSGOD • On March 18,2015 Osgood Solar filed an application with the Planning Board for the Project, in which Osgood Solar sought a plan approval under the Osgood Overlay District("OSGOD"). • In your letter to the Planning Board,dated March 24,2015,you determined that any future development on the Property located with the Business Opportunity Zone portion of the OSGOD,including but not limited to the Project,would be governed exclusively by the provisions of the OSGOD and not the base Industrial 2 District. • Your determination referenced Section 17.3.2 of the Zoning Bylaw,which provides that: o The OSGOD is an overlay district superimposed on all underlying zoning districts.As required by the Enabling Laws,the regulations for use,dimension,and all other provisions of the Zoning Bylaw governing the underlying zoning district(s)shall remain in full force, except for those sites undergoing development pursuant to this Section 17.Within the boundaries of the OSGOD,a developer may elect to either develop a site in accordance with the requirements of this Section 17,or to develop a site in accordance with the requirements of the regulations for use,dimension and all other provisions of the Zoning Bylaw governing the underlying zoning district(s). • Your determination that the OSGOD exclusively controls all future development within the Business Opportunity Zone appears to be based on the fact that"[o]n June 17,2014,this site (Assessor Map 34, Parcel 17)received approval of a Special Permit under the OSGOD." • On April 7,2015,Osgood Solar requested permission from the Planning Board to withdraw without prejudice the OSGOD Plan Approval application on the grounds that Osgood Solar intended to appeal your determination. • That request currently is pending before the Planning Board. Development of the Project under the Industrial 2 District Provisions is Not Precluded by the OSGOD • Osgood Solar strongly disagrees with any determination that all future development on the 126 acre portion of its Property located within the Business Opportunity Zone is governed solely by the provisions of the OSGOD simply because a Special Permit was issued for the construction of a 5000 square foot theatre in an existing building on the Property. • Your determination is not consistent with the Commonwealth's Model 4011 Bylaw. ActiveUS 144305966v.1 Osgood Solar, LLC 1600 Osgood Street North Andover, MA 01845 April 15,2015 Re:Osgood Solar,LLC—Request for Industrial 2 Zoning Pre-Application Approval Dear Mr. Brown, Osgood Solar, LLC("Osgood Solar") is proposing to construct and operate a solar generation project (the"Project")at 1600 Osgood Street(the"Property"). On March 18,2015,Osgood Solar filed an application with the Planning Board for the Project, in which it sought a Plan Approval under the Osgood Overlay District("OSGOD"). In your letter to the Planning Board, dated March 24,2015,you determined that the development of the Project is not allowed as an"As-of-Right"use under the OSGOD. You did not reach a determination as to whether the Project is allowed as an Accessory use under the OSGOD. Osgood Solar disagrees with the determinations in your letter, as well as the omission of a determination as to whether the Project is allowed as an Accessory use under the OSGOD. As required under Section 10 of the Town of North Andover's Zoning Bylaw and applicable law,Osgood Solar will file an appeal of your letter with the Zoning Board of Appeals on or before April 23, 2015. At this time,Osgood Solar proposes to obtain an As-of-Right permit for the Project in the base Industrial 2 District as outlined in Section 4.133 of the Town of North Andover Zoning Bylaw. On April 6,2015,the Assistant Director of Community and Economic Development for the Town of North Andover informed Osgood Solar that it was required to obtain a determination from you that the Project is an allowed-use under Section 4.133 before it can file a formal application for the permit. The Project clearly qualifies as an allowed use in the Industrial 2 District. As such,Osgood Solar respectfully requests that you promptly issue a positive determination. Benefits of the Project • The Project will help the Commonwealth of Massachusetts achieve its Greenhouse Gas Emission Reduction requirements under the Global Warming Solutions Act and will produce only positive environmental benefits. • More importantly,the Project will provide significant long-term economic benefits to the Town,which include the payment of real property taxes,the realization of substantial savings to the Town on its municipal electric bill,and the construction of improvements to the Property that are consistent with existing uses and will help attract additional tenants to the Property. • We anticipate that the immediate economic value of the Project to the Town will be several hundred thousand dollars per year—all without any increase in the Town's expenses. ActiveUS 144305966v.1 WILMER.HALE IM Ms. Orit Goldstein March 5,2015 Page 3 Conclusion. The proposed use of the Property for the Project is entitled to approval as a matter of state law. Notwithstanding this fact,the Project use also(a)is allowed as of right in the Business Opportunity Zone portion of the Overlay District, (b)should be allowed as an accessory use(either as-of--right or by special permit)in the Mixed.Use Development Zone of the Overlay District,and(c)should be allowed as Light Manufacturing in the I-2 District. ActiveUS 1426925&4v.2 WXLMERHALE Ms. Orit Goldstein March 5,2015 Page 2 North Andover's Zoning Bylaw(the"Bylaw")does not expressly provide for uses involving solar energy systems,either as a use allowed as of right,a use allowed only by special permit,or a prohibited use. As a result,Section 3's unambiguous provisions govern, and the use of the Property for the Project is entitled to approval as a matter of state law. The Town's regulatory authority over the Project use, as a zoning matter, reasonably could be expected to extend only to matters such site access,security,emergency access,and the like. North Andover's Overlay District. Osgood's Project also is located in the Business Opportunity and Mixed Use Development Zones of North Andover's Overlay District. Manufacturing—a term not defined in the Bylaw is allowed as of right in the Business Opportunity Zone. Under Massachusetts law,equipment used for the generation of electric energy,which Osgood has proposed via its solar panels,has long been classified as manufacturing equipment,and the generation of electricity has been treated as a manufacturing process. Thus,Osgood's Project use is allowed as of right in the Business Opportunity Zone. See, e.g., M.G.L.Chapter 164, Section 3(defining a"Generation facility"as"a plant or equipment used to produce, manufacture or otherwise generate electricity....")? The portion of Project that will be located in the Mixed Use Development Zone will involve installation of carport-mounted solar panels located in parking areas on the Property. These carports and their associated panels will be accessory to the principal use of the property in this district,and should be allowed as an accessory Use as provided in either Section 17.6.2.2.15 (As- Of-Right-Uses) As- Of-Right Uses)or in Section 17.6.2.3.15(Uses Allowed By Special Permit). North Andover's I-2 District. Osgood's Project also is located in North Andover's I-2 District. Light Manufacturing,which includes manufacturing,fabrication,processing,finishing assembly and packing or treatment of articles or merchandise,is a use allowed as of right in this district provided that it is conducted solely within a building and is not offensive,noxious,detrimental, or dangerous to surrounding areas or the town. As described above,under Massachusetts law the generation of electricity(including by a solar energy system)constitutes manufacturing. Osgood's proposed use is allowed as of right in the 1-2 District,subject to the requirement that the use occur in a building. As to the building requirement,the solar energy system constituting the Project consists of fully-contained solar panels and other self-contained equipment,the operation of which would not be offensive,noxious,detrimental or dangerous to surrounding areas or the town. Indeed,enclosure of the system within a building world totally defeat its ability to manufacture electricity,a result which would be unreasonable under Section 3. As a result,the Project arguably satisfies the intent and purpose of the I-2 District's"building" requirement. 2 In our experience,most municipalities(such as the Town of Hatfield in the Dirseau case)that have sought to limit the operation of solar projects from a zoning perspective have treated those projects as an industrial or manufacturing use that should he limited to an industrial or commercial zoned area. ActiveUS 142692584v.2 Massachusetts solar energy pipeline could stop tomorrow, industry warns - Business - Th... Page 1 of 4 .y Share Tweet 4Comments MARATHON TRIAL UPDATES Defense continues to present case Mass. solarJro'ects could soon p reach a limit By Jack Newsham ( GLOBE CORRESPONDENT MARCH 30, 2015 Solar energy projects across much of Massachusetts could hit a stumbling block because of faster-than-expected growth since last summer. Under state law, utilities can only hook up so many solar energy projects to their systems under the so-called"net metering" cap, which limits the amount of excess power utilities have to buy back from solar installations. In the part of the state served by National Grid, that limit may be hit today or tomorrow, which would force companies in the solar industry to rapidly readjust. CONTINUE READING BELOW T As of 1 p.m. Monday, 99.9 percent of the utility's net-metering cap has been reached for private-sector solar projects. The public sector installation cap already has been surpassed, with nearly io megawatts of solar projects waiting in line. Other utilities are further away from their caps. Over the past week, about 20 megawatts of solar power applications were approved in parts of the state served by National Grid, said Ryan Fahey, an employee of the Cadmus Group, Inc. which tracks how much capacity remains under the state's net metering caps. http://www.bostonglobe.com/business/2015/03/30/massachusetts-solar-energy-pipeline-co... 3/31/2015 Massachusetts solar energy pipeline could stop tomorrow, industry warns - Business - Th... Page 2 of 4 If National Grid's comae hit, ongoing solar instagAimns won't exactly com nts grinding halt, but projects in development will be forced to stop. Net metering is one of the first steps for a solar energy project, said Mark Sandeen, a Lexington- based solar developer, so projects under construction already have been approved. National Grid's service territory is more rural than the state's other major electric utility, Eversource Energy, which makes it much easier for solar companies to build big projects, Sandeen said. Unless the cap is raised or suspended, Sandeen said, people who live in National Grid's territory won't be able to move their projects forward, and solar power installers could be forced to shift their business into other parts of the state or even lay off workers. "If you're based in Western Massachusetts, this is going to be a tough nut," Sandeen said. The impending stoppage stems from a long-running dispute between the solar industry and utility companies over who should pay the cost of transmitting excess solar power back into the electricity grid. Currently, the state has a legally- imposed net metering cap of about 1,000 megawatts of solar power across all utilities, which translates to between 4 and 5 percent of their total generating capacity. The state Legislature raised the net metering cap last year and formed a task force including representatives from government, the solar power industry, and utility companies. But the members of the task force, which is supposed to submit a report in April, have different ideas about who should foot the bill, said David Colton, the town administrator for Easton. He said municipalities have urged the Legislature to suspend the cap since being alerted to the issue in National Grid's territory last week. The Legislature "knew the cap was going to be hit at some point, and as has happened with all of the work that's happened with solar over the past few years, we've continued to exceed expectations,"said Canton, whose town has had to halt the development of a one-megawatt solar development because of the public- sector cap. http://www.bostonglobe.com/business/2015/03/30/massachusetts-solar-energy-pipeline-co... 3/31/2015 Massachusetts solar energy pipeline could stop tomorrow, industry warns - Business - Th... Page 3 of 4 6 Janet Besser, a meat6v of the task force who reWments the clean energyxwwts said the group was still on target to issue a report by the end of April. In the meantime, she said, the state Legislature could raise the cap"on an interim basis" until it comes up with a permanent solution that would help the state reach its solar goals. Several bills have been proposed that would raise or eliminate the net metering cap,but many include other provisions that don't concern the cap. State Senator Brian A. Joyce of Milton, the assistant majority leader and a member of the Legislature's energy committee, said the potential solar stoppage had increased the sense of urgency for state lawmakers. "To let the cap be met would serve no one's interest whatsoever except the utilities," he said. "It would be bad for the environment, it would be bad for the economy, and it would be bad for consumers." Utilities, however, continue to oppose raising the cap because it passes transmission costs by solar panel owners onto other electricity ratepayers. "With over 250 [megawatts] still available under the net metering caps statewide, there is no need to raise the net metering caps"while the task force is still deliberating, said Danielle Williamson, a National Grid spokeswoman. "Raising the net metering cap will affect National Grid customers more than other utilities, further increasing rates at a time that our customers are looking for lower energy prices." Jack Newsham can be reached at iack.newsham@globe.com.Follow him on Twitter @TheNewsHam. Get Todaj(s Headlines from the Globe in your inbox: Erder ow enta address SIGN UP Privacy Policy http://www.bostonglobe.com/business/2015/03/30/massachusetts-solar-energy-pipeline-co... 3/31/2015 Massachusetts solar energy pipeline could stop tomorrow, industry warns - Business - Th... Page 4 of 4 Share SHOW 4 COMMENTSeet 4Comments _ 0 2015 BOSTON GLOBE MEDIA PARTNERS, LLC http://www.bostonglobe.com/business/2015/03/30/massachusetts-solar-energy-pipeline-co... 3/31/2015 I 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise,to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw(1998/32). Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reason of his inability to obtain a permit or enforcement action from the Building Inspector,by the Merrimack Valley Planning Commission, or by any person including an-officer or Board of the Town of North Andover, or an abutting city or town, aggrieved by an order or decision of the Building Inspector or other administrative officials in violation of any provision of this Bylaw. Any petition for an appeal above must be taken within thirty(30) days of the date of the order or decision that is being appealed by filing a notice of appeal, specifying the grounds thereof with the Town Clerk,who shall forthwith transmit copies of the appeal to such officer or Board,whose order or decision is being appealed, and to the Zoning Board of Appeals. Such officer or Board shall forthwith transmit to the Zoning Board of Appeals all documents and paper constituting the records of the case in which the appeal is taken. 1. No petition for a variance or appeals shall be granted until a public hearing is held on the matter by the Zoning Board of Appeals within sixty-five (65) days after the Zoning Board of Appeals receives the petition from the Town Clerk. 2. The Zoning Board of Appeals must make its decision on a petition for a variance or appeal within One Hundred(100)days after the date of the petition is filed with the Town Clerk. In order to grant,a petition for a variance or an appeal, four(4) of the five.(5)members of the Board must concur. If the Zoning Board of Appeals fails to act within the time limits specified herein,the petition for a variance or appeal shall be deemed granted. a. In the case of a variance, the Zoning Board of Appeals may impose conditions, safeguards and limitations of time and use, however,these conditions cannot require continued ownership of the land or structure to which the variance pertains by the applicant,petitioner, or owner. Furthermore, if the rights authorized by the variance are not exercised within one (1)year of the date of the grant,they shall lapse and may be re-established only after notice and a new hearing. 3. The Zoning Board of Appeals shall cause to be made a detailed record of its proceedings indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons which shall be filed within the fourteen (14) days in the office of the Town Clerk and shall be a public record. Notice of the decision shall be mailed forthwith to the petitioner, applicant, or appellant,to the parties in interest designated herein, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each notice shall specify that appeals, if any, shall be filed within twenty(20) days after the date of filing of such notice in the office of the Town Clerk. The decision shall also contain the names and addresses of the owner, and identification of the land and/or structure affected(if a variance procedure -how the variance complies with the statutory requirements for issuing a variance). Certification that copies of the decision have been filed with the Planning Board and Town Clerk are required. 138 I �y 1600 0sQQQd commerce center Noah Andover, Massachusetts dw.^ ns Redevelopment Master Plan Prepared by: Huntress Associates, Inc. Landscape Architects& Planners 17 Tewksbury Street Andover, MA 01.810 978.470.8882 Prepared for: 1600 Osgood Street,LLC Dundee Park Andover, MA 01810 978.475.4569 1600 Osgood Street February 23,2005 Redevelopment Master Plan Page 2 of 12 INTRODUCTION Huntress Associates, inc. is pleased to submit the final draft of the Master Plan prepared with regard to 1600 Osgood Street, North Andover Massachusetts. The Master Plan and associated products represent a collaborative effort between a multi-disciplinary design team. We are confident that this master plan will provide a solid foundation from which to move forward. This work could not have been completed without the help of many individuals, including: • 1600 Osgood Street, LLC Owner • Ozzy Properties, Inc. Developer& Management Company • Huntress Associates, Inc. Landscape Architects & Planners. • TEC, Inc. Transportation Engineering& Construction Services. • Epsilon Associates, Inc. Wetland&Environmental Scientists. • HDS Architecture, Inc. Architects and Planners. • Chas H. Sells, Inc. Surveyors. • CB Richard Ellis Commercial Real Estate • Druth Commercial Commercial Real Estate The following is a summary of the tasks we have been able to accommodate, or assisted in coordinating while preparing this report: Permitting Review & Existing Conditions Analysis • Assembled a project team with the professional experience required to advance the Master Plan through both State and Local permitting and into construction. • Compiled an existing base plan with help provided by Ozzy Properties, Inc.. • Review of existing zoning codes and requirements by the Town of North Andover. • Review of environmental permitting issues, including flagging of all jurisdictional wetlands, river front area,natural heritage limitations and associated buffer zones. • Coordinated the preparation of a complete topographic and boundary survey prepared by Chas. H. Sells, Inc. • Compiled a comprehensive Opportunities and Constraints Plan showing buildings to remain, desired circulation patterns and areas suitable for future development. Master Plan Preparation • Preparation of goals and objectives associated with the redevelopment of the property. • Identification of complimentary uses to support the proposed redevelopment / expansion of the existing building program. These uses include a mix of complimentary uses, Huntress Associates,Inc. Landscape Architecture&Land Planning 1600 Osgood Street February 23,2005 Redevelopment Master Plan Page 3 of 12 including retail space, professional services, recreation, residential, and a commuter rail station. • Coordination with project architect for detail regarding the enhancement of existing buildings and major entrances. • Conceptual site planning including the location of proposed uses, buildings, parking areas, truck loading, landscape buffers, storm water management areas and open space. Review and inclusion of site planning techniques intended to provide a safe and secure campus environment • Preparation of detailed summary of the proposed building program, including a breakdown of use by total square foot area and an associated review of available on-site parking. • A list of both Local and State permits required to complete the work as shown in the Master Plan. We have also identified a team member with the expertise required to advance and secure each of the permits required. (Attached hereto) Master Plan Program.Summary The following is brief summary of the proposed program associated with the redevelopment of the property. USE SQUARE FEET REQ. PARKING Professional Office 250,000 sf 834 spaces Medical Office 150,000 sf 450 spaces Manufacturing &Assembly 1,000,000 sf 1000 spaces Warehousing& Wholesale 520,000 sf 1040 spaces Retail & Services 145,000 sf 725 spaces Restaurant Use 7,500 sf 113 spaces Indoor Recreation 100,000 sf 210 spaces Commuter Rail Station n/a 300 spaces Residential Use 650 Units (Max) 975 spaces Total Parking Required: 5,647 spaces Total Parking Provided: 5,790 spaces Huntress Associates,Inc Landscape Architecture&Land Planning '4 1600 Osgood Street February 23,2005 Redevelopment Master Plan Page 4 of 12 MASTER PLAN NARRATIVE The attached presentation represents the body of the work associated with the Master Plan. The following is a brief narrative on the main . points of discussion associated with the plan. . � t Existing Conditions: The existing site is home to over 1.5 million square feet of building program which previously housed the operations of Lucent Technologies, Inc. The existing building houses approximately 1.5 million sf of R&D, warehousing, manufacturing and professional office space. Amenities associated with the existing space include a 300 seat theater, cafeteria, and executive dining room. The property contains over 169 acres of land with over 1200 feet of frontage along Route 125. The site is also bounded along the north by the Haverhill line of the MBTA commuter rail. Vehicular access to Route 495 is provided along Route 125 to the north through Bradford, to the Ward Hill exit. Although the site boasts over EE 40 acres of parking, � - circulation, parking and pedestrian access to the majority of the existing office .q=� xt space remains limited. Trucks ` and deliveries arrive through several well defined entry points along Route 125, and r.. tz�x ,w ,d z two of those entrances are . ��►� 1. � presently control by a traffic signal. Existing Building Photos ' Stormwater management throughout the site is +� =s. antiquated, and will need to be improved through the redevelopment of the property. Most of the wetlands found on the site are well defined and are only subject ' to local jurisdiction through the Wetlands Protection Act. There is however on offsite wetland along the west property line identified as a perennial stream which will be subject to permitting through the River's Protection Act. See the attached report �� ---��--M- --- -- prepared by Epsilon Associates for additional information. Huntress Associates,Inc. Landscape Architecture&Land Planning 1600 Osgood Street February 23,2005 Redevelopment Master Plan Page 5 of 12 Goals& O&j,ectiveso The following is a list of Goals and Objective used in the preparation of the Master Plan. • Attract multiple tenants to the site. • Provide corporate identity for all tenants. • Create a unified architectural theme and campus environment. • Provide a hierarchy for pedestrian, car and truck circulation. • Provide for security and protection through good site planning. • Encourage mixed use and complimentary services. • Encourage pedestrian activity between various uses. • Encourage preservation and reuse of existing infrastructure and utilities. • Preserve significant existing vegetation, open space and environmental resources. • Improve and update stormwater management throughout site. Understanding the above, HAI compiled an Opportunities and Constraints Plan identifying areas for improved circulation,parking arrival and areas suitable for future development. `r �• - I �, � "w''la/moi=��a �►��a��sa�e1 � �7 �r.r.rr a{j4��a�ana�aansrnntsccaaercianfsa�s�� &¢ 13 53 te= a ~i1�►®ram "3 ,SIM !• tri • ♦. a Aw ■ ; AMM Opportunities& Constraints Plan Huntress Associates,,Inc Landscape Architecture&Land Planning 1600 Osgood Street February 23,2005 Redevelopment Master Plan Page 6 of 12 The Opportunities and Constraints Plan also helped to identify ways to provide parking in close proximity to the existing office space and major pedestrian entrances into the building. Working with HDS architects, the project team recognized that these parking areas and entrances providedR. f. an opportunity for increased corporate identity for individual tenants within the building. The project team A then prepared a series of preliminary site plans and ---- �� sketches showing possible improvements and upgrades which would increase the amount of parking and visibility associated with each major pedestrian entry. Examples of those images are provided herein. E5 - — "," Permitting and construction of the additional parking, walkways and entry enhancements associated with the office building should become a priority to help market the existing space to viable 4 +'*�w..,R,, ..-�~• plowtenants. These concepts should be advanced into design development _ immediately upon completion of the Master Plan. Preliminary Entry&Parking Layout MASTER PLAIN DEVELOPMENT Mixed Use: In advancing the framework created through the Goals and Objectives and the Opportunities and Constraints Plan, we looked to provide a mix of uses which would compliment the existing office and manufacturing space, while at the same time encouraging a pedestrian oriented campus which could share parking and help reduce the amount of average daily trips entering and leaving the property. With over 1.5 million square feet of existing office, R&D, manufacturing and warehouse space it did not seem practical to add more of the same to the site. The project team looked to add complimentary uses which could provide a valuable resource to the future tenants of the existing space and the Town of North Andover. These complimentary uses may include retail, restaurant and professional services such as banks, dry cleaning, office supplies, and day care. In a broader scale we also encouraged the addition of recreational space, a commuter rail station and high density residential use all within a five minute walking distance of the principle structures. Huntress Associates=Inc. Landscape Architecture&Land Planning 1600 Osgood Street February 23,2005 Redevelopment Master Plan Page 7 of 12 3 r E IND I Bob A It low ff :. �. Im ' 9 ae so. jowl"! .,jET) _ 1; l • -Ift , Qarrtcess Asso¢ixtes,Inc. Landscape Architecture&Land Planning 1600 Osgood Street February 23,2005 Redevelopment Master Plan Page 8 of 12 The synergy of all these uses will help to attract larger tenants to the existing facility. These larger tenants, who may be looking elsewhere to lease or build their own buildings in excess of 150,000 – 200,000 sf of stand alone space, can now realize a better location at 1600 Osgood Commerce Center because their employees have immediate access to recreation, retail, restaurant and services they need and desire on a daily basis. The availability of affordable housing in close proximity is also attractive to larger tenants who are looking to either relocate to, or stay within Massachusetts but are often frustrated by the escalating cost of housing for their workforce. a Ir— Commuter Rail Station: On the broader scale, the s inclusion of a Commuter Rail Station provides a service and benefit to the larger community. North Andover does not presently have a commuter rail station. Anyone '" - - living in North Andover must drive to either Bradford, Andover, BallardVale, Wilmington or Reading to take the Commuter Rail Service into Boston. The parking at -`� - those stations is limited, resulting in both longer drive time and more individuals taking their cars into Boston. The proposed Rail Station would accommodate approximately 300 parking spaces. In comparison the Reading Station has 113 parking spaces, North Wilmington: 20 spaces, BallardVale: 120 spaces; 3 Andover: 152 spaces; and Lawrence:l63 spaces. The Commuter Rail Station located at 1600 Osgood Street could accommodate limited retail services targeting commuters, such as a coffee and sandwich shop, dry cleaning, newsstand, etc.. The benefit of a commuter rail station will also reach the new retail and restaurant uses planned for the balance of the property. Residential Use: The inclusion of high density , residential use on the site is a key componentPIZ _ to the success of the Master Plan, and will have positive impact to the broader community. The master plan presently calls for the construction of 650 units of one and two bedroom , condominiums, or flats, in a campus setting. The buildings are traditional in design, and orient around a central open space and help to frame and define one of the major entrances into the site. The housing is intentionally Huntress Associates,Inc. Landscape Architecture&Land Planning 1600 Osgood Street February 23,2005 Redevelopment Master Plan Page 9 of 12 located within a five minute walk of the commuter rail station, retail, restaurant and recreational services to encourage pedestrian activity and minimize the amount of average daily vehicular trips. The type of housing and it's proximity to the existing office, R&D and manufacturing space makes the housing attractive to larger tenants who could offer the often more affordable housing type to employees looking to relocate to North Andover. We have also reviewed the enabling � •�-� ' 3.. legislation associated with the proposed MGL Chapter 40R "Smart Growth t Zoning District" and in our opinion we find this site to be a very suitable location for the use of this legislation. We have attached a copy of the Chapter 40R Summary, provided by the Metropolitan Area Planning Council and would encourage your further - review of that document. ° �. r The purpose of the Chapter 40R legislation is to "encourage smart growth and increased housing production in Massachusetts. Smart growth is a principle of land development that emphasizes mixing land uses, increases the availability of affordable housing by creating a range of housing opportunities in neighborhoods, takes advantage of compact design, fosters distinctive and attractive communities, preserves open space, farmland, natural beauty and critical environmental areas, strengthens existing communities, provides a variety of transportation choices, makes development decisions predictable, fair and cost effective and encourages community and stakeholder collaboration in development decisions. " Furthermore, the new 40R legislation offers benefits to local communities which have not been provided under Chapter 4013, the more widely know and commonly used legislation which allows and encourages the development of affordable housing. Over the past few years North Andover has seen several large residential projects permitted through the 40B process. North Andover also remains vulnerable to future proposals unless and until the percent of affordable housing in town is brought above 10% of the overall housing stock. Presently North Andover is approximately 321 units shy of achieving their 10% affordability as defined by the Commonwealth of Massachusetts. Several of those benefits available to North Andover through the adoption of the principles outlined in.MGL Chpt. 40R include: MG'L Chapter 40R—leaei6&to lel Communities-- The ommunities:The Town regains control of the affordable housing process by establishing an overlay zone encouraging a "smart growth zoning district". This district encourages mixed use land development in areas providing a variety of transportation choices, ie: commuter rail stations, regional bus stops, and connections to employment centers. The overlay zone H=tress Assachtes,Inca Landscape Architecture&Land Planning a 1600 Osgood Street February 23,2005 Redevelopment Master Plan Page 10 of 12 could also establish a Special Permit Granting Authority other than the Zoning Board to review affordable housing proposals. • Housing incentive payments. The Commonwealth of Massachusetts is offering local communities financial incentives for establishing Smart Growth Zoning Districts. These incentives could mean as much as $600,000 for the adoption of the overlay zoning, and an additional $1,950,000.00 upon the issuance of building permits for residential units with the new district. Like 40B only 25% of the units would have to be set aside as affordable, and any units designated as rental, regardless of whether they are rented at affordable rates, would be classified by the Commonwealth of Massachusetts as affordable and count toward the 10%requirement. • The creation of the overlay district and subsequent approval of the residential campus shown on the master plan would create approximately 325 affordable units as defined by the Commonwealth of Massachusetts and lift North Andover above the l0% required affordable housing number. Effectively, this removes North Andover from the threat of future 40B projects and establishes a means and method for review of future affordable housing projects in town. As with any Master Plan, this plan represents a starting point. The combined benefit provided by the Redevelopment Master Plan to the site owners, future tenants and the Town of North Andover gives all parties an investment in the process. The following are benefits which could be enjoyed upon successful completion of the project: • The successful implementation of the Master Plan provides an opportunity for the Town of North Andover to enjoy the revitalization of one their largest tax payers, and insure it's continued operation for many years to come. • The project could become an example of how property owners, local communities and the Commonwealth of Massachusetts can work together to achieve benefits for the entire Merrimack Valley region. By working together as a team we can realize more than we can as individuals. • Not only will the project provide financial benefit to the Town, but it will put North Andover in control of how affordable housing is provided, protecting other areas of Town from unwanted MGL Chpt. 40B development proposals. • Provide a commuter rail station sufficient to meet the demands of a growing population. Huns;Associate&Iur— Landscape Architecture&Land Planning r 1600 Osgood Street February 23,2005 Redevelopment Master Plan Page 11 of 12 The list of benefits could keep going. However it is now important for us to focus on the next steps for achieving the implementation of the Master plan, including the drafting and adoption of the "Smart Growth Zoning District" as outlined in this report. The review and adoption of this district will require action at North Andover's Annual Town Meeting. As such, all parties need to begin working together immediately to achieve the desired result. We look forward to that process and encourage a continued and open dialog as we move forward. As mentioned throughout the body of this text, attached you will find copies of the following: 1. Summary of Local and State Permits required for the implementation of the Master Plan. 2. 1600 Osgood Street, Redevelopment Master Plan - Powerpoint Presentation 3. Preliminary Wetland Assessment report prepared by Epsilon Associates, Inc. 4. Summary of MGL. Chpt OR—Smart Growth Zoning Districts Please feel free to contact Huntress Associates at the following address with any questions or concerns regarding the information contained in this report. Huntress Associates, Inc. Landscape Architects&Planners 17 Tewksbury Street Andover, MA 01810 Ph. 978.470.8882 Fx. 978.470.8890 Huntress dates,Inc Landscape Architecture&Land Planning 1600 Osgood Street February 23,2005 Redevelopment Master Plan Page 12 of 12 REOURIE,D PE RMUT SITZ INURY The following is a preliminary list of Federal, State and Local permits that would be required to implement the work as outlined in the Redevelopment Master Plan prepared for the 1600 Osgood Commerce Center. This represents a preliminary list, additional permits may be required to complete the proposed work. We have identified the responsible State or Local Agency/Board, the required permit and the team member who would be responsible for coordination of the work associated with securing the permit. STATE&FEDERAL PERMITS Agency Permit Required Team Member • Mass.Highway Department State Highway Access Permit TEC • MEPA Environmental Notification Forrn Epsilon • MEPA Environmental Impact Report Epsilon • Department of Environmental Protection401 Water Quality Certificate Epsilon • Army Corp of Engineers 404 Certificate Sign Off Epsilon • NPDES Construction General Permit Epsilon • Mass.Housing&Community Development 40R Smart Growth Overlay Zone HAI LOCAL PERMITS' Town Department,Board or Commission Permit Required Team Member • Annual Town Meeting Overlay Zone Approval HAI • North Andover Planning Board Master Plan Approval HAI • North Andover Planning Board Site Plan Review/Special Permit HAI • North Andover Conservation Commission ANRAD Epsilon • North Andover Conservation Commission Notice of Intent Epsilon • North Andover Conservation Commission NHESP—Merrimack River Habitat Epsilon • North Andover Building Dept. Building Permits Ozzy • North Andover DPW Curb Cut Permit-Holt Road TEC Associates,Imo., Landscape Architecture&Land Planning TOWN OF NORTH ANDOVER Office of the Building Department ttoRT#1 q 0 SLED ,6 q. Community Development and Services o? 4; - � 1600 Osgood Street, Bldg. 20, Suite 2035 North Andover, MA 01845 +� 978-688-9545 DEQ A. I.9 OgATEO rpP��h SSACHus Gerald Brown, Inspector of Buildings March 24, 2015 To:Town of North Andover Planning Board Fr: Gerald Brown, Inspector of Buildings Re: Osgood Solar LLC Special Permit—Construct Rooftop and Parking Canopy Mounted Solar Photovoltaic System - 19,500 Solar Modules, 6 MW.Approximately 5,500 Rooftop Mounted Solar Modules and approximately 14,000 Carport Canopy Modules mounted on structures approximately 39 feet wide comprised of approximately 21 rows, 150-630 feet long. Section 10.1 of the North Andover Zoning Bylaw provides that the Bylaw shall be enforced by the Building Inspector. Based on my review of the application dated March 20, 2015 for a Special Permit I have determined the following: 1. Section 17.3.2 of the Osgood Smart Growth Overlay District(OSGOD)of the Zoning Bylaw states in part: "Within the boundaries of the OSGOD, a developer may elect to either develop a site in accordance with the requirements of this Section 17, or to develop a site in accordance with the requirements of the regulations for use, dimension and all other provisions of the Zoning Bylaw governing the underlying zoning districts(s)." On June 17, 2014 this site (Assessor Map 34, Parcel 17) received approval of a Special Permit under the OSGOD. 2. The solar installation for purpose of a generating facility,which is being applied for here, is not a listed use under the As-Of-Right Uses allowed (As-Of-Right Uses Section 17.6.1.2) 3. Prohibited Uses (Section 17.6.4) states"All uses not expressly allowed are prohibited." 4. In addition, the application states it is for a "manufacturing" use. In my opinion a solar Installation for purposes of a generating facility for some utility users who are not on the site, it is not "manufacturing" under the OSGOD Bylaw. Sincerely, Gerald Brown Inspector of Buildings r K Town of North Andover Flan=g B _ w tOWH Of WE I Please type or print clearly: 1. Petitioner: 0512oob �>OLAP- Address: tAM IASL l3S� ms's'f N. A4uoc;V;2 Telephone Number: �q-001-1 bdd pS G�2D� 2. Owners of the Land: Address: Telephone Number: 0 Number of years ownership: VL If applicant is not the owners please state interest in property: -ACF�nr7 PPLII _IL 3. Request for an OSGOD Permit under Section 1.7.0 of the North Andover Zoning BY12W to Cov15TW(':r R0470f> AVJ> A MIA)C I APPrt.. �- M�1 M1AA%Lq 11,500 A oCv)?-S. G1D/1appab)o M� On 4 W s h 4. Location of Property: Q�7 DSGtXJ.A Zoning District: 7,riR 2 D. Assessors: Map: ,[� Lot# Registry of Deeds: Book#: d Page#- 5. Existing Lot: _ LotArea(Sq.Ft): OLia Building Height: Street Frontage; Side Setbacks: Font Setback: Rear Setback: Floor Area Ration: Lot Coverage: 6. Proposed Lot(if applicable): LotArea(Sq.Ft.): Building Height: Street Frontage: Side Setback: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: �S �r 1 S 6- S- /7, 2 , 2- �oe C614 /77 / -7o (a o All 6 I Required Lot(as required by Zoning Bylaw); Lot Area(Sq.Ft.): BuildingHeight: Street Frontage: Side Setback: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 8. Existing Building(if applicable): E Ground Floor(Sq.Ft.) #of FIoors Total Sq.Ft.; Height: _ Use: Type of Construction 9. Proposed Building: Ground Floor(Sq.Ft.) #of FIoors Total S Ft Height: height: Ilse: afi71Ar"fi !2L Type of Construction: S 6h11D 10. Has there been a previous OSGOD Application/Permit from the Planning Board on these rendses3E S If so,when and for what type of construction? CT 11. Petitioner and Landowner signature(s): Every application for an OSGOD Permit shall be made on this form,which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses f r egal notification. Petitioner's Signature: Print or type name here: Owner's Signature: P2CC Print or type name here: As Q � P� DS �d WILMERHALE MEMORANDUM +1 617 526 6176 +1 617 526 5000 Date March 18, 2015 mark.kalpin@wilmerhale.com To Orit Goldstein Jeff Goldstein From Mark C. Kalpin Re Osgood Solar/North Andover Zoning Analysis On March 5, 2015,we provided Osgood Solar, LLC ("Osgood")with an analysis of zoning issues related to Osgood's proposal to develop a solar generation project(the "Project") in North Andover, Massachusetts on property(the "Property")that is owned and/or managed by Ozzy Properties. The Project would consist of roof-top mounted solar panels, carport-mounted solar panels, and/or ground-mounted solar panels, and be located within the I-2 Industrial Zoning District(the"I-2 District") and the Smart Growth Overlay District(the"Overlay District"). On March 9, 2015,the Town of North Andover(the"Town") responded to our analysis. Because solar is specifically allowed in the I-2 District under a 2010 amendment to the Town's Zoning Bylaw(the"Amendment"),the Town stated that M.G.L. Chapter 40A, Section 3 ("Section 3") does not apply to the Project. The Town also stated that since the Overlay District had been used at the Property for permitting uses that would not be allowed under the I-2 District, a question existed as to whether the Property owner could use the provisions of either the underlying I-2 District or the Overlay District on a case-by-case basis. After careful consideration, we respectfully disagree with the Town's analysis, and continue to believe that construction and operation of the Project on the Property is authorized under both Section 3 and the zoning applicable to the Property.' We understand that your consultant, PowerOwners, has reviewed the background history associated with the passage of the Amendment.2 Based on its review, PowerOwners believes the Amendment was enacted for purposes of clarification (that is, it identifies the types of renewable projects that would or would not be allowed in the I-2 District), as opposed to prohibiting the construction and operation of all renewable projects in the Town except in the I-2 District. ' In reaching this conclusion,we note that the Project is proposed only on those portions of the Property that are covered by both the 1-2 District and the Business Opportunity Zone or Mixed-Use Development Zone portion of the Overlay District,and would not be located within the Residential Mixed-Use Zone of the Overlay District. z PowerOwners contacted Curt Bellavance,who was employed by the Town when the Amendment was enacted. Amer Cutler Pickering Hale and Dorr LLP,60 State Street,Boston,Massachusetts 02109 Beijing Berlin Boston Brussels Denver Frankfurt London Los Angeles New York Oxford Palo Alto Washington ActiveUS 143603531v.3 WILMERHALE Orit and Jeff Goldstein March 18, 2015 Page 2 We agree with the conclusion reached by PowerOwners. Under the Town's interpretation, the only properties in the I-2 District that are large enough to allow a solar project as-of-right under the Amendment consist of(a)the Property, (b)property managed by a quasi-governmental commission for the operation of the Lawrence Municipal Airport, and(c)property managed by the Greater Lawrence Sanitary District for the operation of a wastewater treatment plant. If the Town is correct that any development on the Property can occur only under the provisions of the Overlay District,3 then a solar project would be in Town as-of-right only on property that is owned by a quasi-governmental entity and is dedicated to a public use. We do not believe that such a restriction satisfies the"reasonable regulation"requirement in Section 3. More importantly, it would not comply with the specific caution on this point that was raised by the Massachusetts Attorney General when it approved the Overlay District in 2007.4 We also note that the Town's interpretation ignores the fact that the Property owner previously constructed several rooftop solar projects on the Property under the provisions of the Overlay District. Finally,the Town's interpretation of the Amendment raises a serious question as to the legality of other solar projects (such as rooftop projects)that have been constructed in the Town after the enactment of the Amendment. If the Town is correct,these projects should not have been allowed except in an I-2 District—a result which clearly could not have been intended. In light of this,the only reasonable conclusion is that the Amendment was enacted only for purposes of clarification, and not as an absolute prohibition. As such,we continue to believe that the development of the Project is allowed in both the Business Opportunity Zone and Mixed-Use Development Zone portions of the Overlay District.' 'Although we do not agree with this conclusion,it is not necessary for us to address it in this memorandum. a The Massachusetts Attorney General specifically stated that"We next call the town's attention to 17.6.4,which pertains to prohibited uses and provides that all uses not expressly allowed are prohibited. In approving Section 17.6.4,we remind the town of the protections accorded to certain uses under G.L.c.40A,[Section/3. ... This,the town cannotroP hibit.require a special permit,or unreasonably regulate those uses that are accorded protections under G.L.40A,[Section]3. We caution the Town to apply the proposed by-law,including Section 17.6.4,in a manner consistent with G.L. r- 40A,[section]3."[Emphasis added]. 5 Because the Project would be located only in the portion of the Property that is covered by both the 1-2 District and the Business Opportunity Zone and Mixed-Use Development Zone portions of the Overlay District,there is no need at this time to address the question of whether a property owner can use either the underlying I-2 District zoning or the provisions of the Overlay District on a case-by-case basis. Allowing the Project to proceed as proposed will not create a precedent regarding any future development on the Property,and neither the Property Owner nor the Town will have waived its rights or arguments with respect to this question. ActiveUS 143603531v.3 WILMERHALE F MEMORANDUM +1617 526 6176 +1 617 526 5000 Date March 5, 2015 mark.kalpin@wilmerhale.com To Orit Goldstein From Mark C. Kalpin Bob Fitzpatrick Re Osgood Solar/North Andover Zoning Analysis Osgood Solar, LLC ("Osgood")is proposing to develop a solar generation project (the"Project") in North Andover, Massachusetts on property(the"Property")that is owned and/or managed by Ozzy Properties. As currently proposed,the Project involves the development of roof-top mounted solar panels, carport-mounted solar panels, and ground-mounted solar panels. The Property is located within North Andover's I-2 Industrial Zoning District (the "I-2 District"), and is also within North Andover's Smart Growth Overlay District (the "Overlay District"). This memorandum explains why the use of the Property for the Project is consistent with and entitled to approval under both state law and local zoning law. State Law. The starting point for the analysis is M.G.L. Chapter 40A, Section 3, which provides that "[n]o zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare".(hereinafter referred to as "Section 3"). M.G.L. Chapter 40A, Section 1 defines a"Solar Energy System" as "a device or structural design feature, a substantial purpose of which is to provide dayligfit for interior lighting or to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating." In enacting Section 3,the Legislature incented the development of Solar Energy Systems by shielding them from local zoning prohibitions and unreasonable zoning regulation, except to the extent necessary to protect health, safety or welfare. Osgood's Project falls within the definition of a"Solar Energy System," and thus is entitled to the protection provided by Section 3. See Duseau v. Szawlowski Realty, Inc. 12 Misc. 470612 (Mass. Land Ct. Jan. 2, 2015) (reviewing solar farm use relative to Section 3 protection).' t In Duseau,the Town of Hatfield enacted a zoning bylaw that limited the operation of solar projects to industrial zoned areas. Although the proposed solar farm would have been covered by the provisions of Section 3,the Court upheld the Town's bylaw because the project developer had not shown(as required by Section 3)that it prohibited or otherwise unreasonably regulated the operation of the solar farm. As noted below,in this case Section 3 is applicable to the Project because the Town of North Andover has not enacted a solar generation-specific ordinance. Wilmer Cutler Pickering Hale and Dorr LLP,60 State Street, Boston, Massachusetts 02109 Beijing Berlin Boston Brussels Denver Frankfurt London Los Angeles New York Oxford Palo Alto Washington ActiveUS 142692584v.2 WILMERHALE 0 Ms. Orit Goldstein March 5, 2015 Page 2 North Andover's Zoning Bylaw (the "Bylaw") does not expressly provide for uses involving solar energy systems, either as a use allowed as of right, a use allowed only by special permit, or a prohibited use. As a result, Section 3's unambiguous provisions govern, and the use of the Property for the Project is entitled to approval as a matter of state law. The Town's regulatory authority over the Project use, as a zoning matter, reasonably could be expected to extend only to matters such site access, security, emergency access, and the Hike. North Andover's Overlay District. Osgood's Project also is located in the Business Opportunity and Mixed Use Development Zones of North Andover's Overlay District. Manufacturing—a term not defined in the Bylaw—is allowed as of right in the Business Opportunity Zone. Under Massachusetts law, equipment used for the generation of electric energy, which Osgood has proposed via its solar panels, has long been classified as manufacturing equipment, and the generation of electricity has been treated as a manufacturing process. Thus, Osgood's Project use is allowed as of right in the Business Opportunity Zone. See, e.g., M.G.L. Chapter 164, Section 3 (defining a"Generation facility" as "a plant or equipment used to produce, manufacture or otherwise generate electricity ....").' The portion of Project that will be located in the Mixed Use Development Zone will involve installation of carport-mounted solar panels located in parking areas on the Property. These carports and their associated panels will be accessory to the principal use of the property in this district, and should be allowed as an accessory use as provided in either Section 17.6.2.2.15 (As- Of-Right-Uses) or in Section 17.6.2.3.15 (Uses Allowed By Special Permit). North Andover's I-2 District. Osgood's Project also is located in North Andover's I-2 District. Light Manufacturing, which includes manufacturing, fabrication, processing, finishing assembly and packing or treatment of articles or merchandise, is a use allowed as of right in this district provided that it is conducted solely within a building and is not offensive, noxious, detrimental, or dangerous to surrounding areas or the town. As described above, under Massachusetts law the generation of electricity(including by a solar energy system) constitutes manufacturing. Osgood's proposed use is allowed as of right in the I-2 District, subject to the requirement that the use occur in a building. As to the building requirement,the solar energy system constituting the Project consists of fully-contained solar panels and other self-contained equipment, the operation of which would not be offensive,noxious, detrimental or dangerous to surrounding areas or the town. Indeed, enclosure of the system within a building would totally defeat its ability to manufacture electricity, a result which would be unreasonable under Section 3. As a result, the Project arguably satisfies the intent and purpose of the I-2 District's "building" requirement. 2 In our experience,most municipalities(such as the Town of Hatfield in the Duseau case)that have sought to limit the operation of solar projects from a zoning perspective have treated those projects as an industrial or manufacturing use that should be limited to an industrial or commercial zoned area. ActiveUS 142692584v.2 st WILMERHALE a Ms. Orit Goldstein March 5, 2015 Page 3 Conclusion. The proposed use of the Property for the Project is entitled to approval as a matter of state law. Notwithstanding this fact,the Project use also (a) is allowed as of right in the Business Opportunity Zone portion of the Overlay District, (b) should be allowed as an accessory use(either as-of-right or by special permit) in the Mixed Use Development Zone of the Overlay District, and (c) should be allowed as Light Manufacturing in the I-2 District. ActiveUS 142692584x:2 r