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Building Permit #563 - 163 MAIN STREET 2/27/2007
TOWN OF NORTH ANDOVER tiORTH APPLICA„T�,,O�N FOR PLAN EXAMINATION o`tt�Eo �bgtio //i�1IY ®py�{ 02 O Permit NO: ate Received ��o ^,r Tom- qq cec.ec..'...` ATID �7 O!i �9SSA `����� Date Issued: CCC CHU IMPORTANT: Applicant must complete all items on this page LOCATION lo3 Ma n �T Print -- oo PROPERTY OWNER �lh� �� r C� )lliya� Print MAP NO.:_,50_PARCEL: ZONING DISTRICT: TYPE AND USE OF BUILDING HISTORIC DISTRICT YES ❑ TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ing ❑ One family 11 Addition [I Two or more family 11 Industrial ❑ Alteration No. of units: ❑ Repair, replacement ❑ Assessory Bldg Vommercial emolition ❑ Moving(relocation) ❑Other ❑ Others: ❑ Foundation only DESCRIPTION OF WORK TO BE PREFORMED * Identification Please Type or Print Clearly) OWNER: Name: �'a"eVo tj��r'1UQ/7, 1"l ),4M01 ��� Phone: 9 7 �P��P Address: QV1`) 1 � � CONTRACTOR Name: 7 Phone: Address: v2fPl) �� e , &I l/ 1Q1(`3�d�11 �4 � Supervisor's Construction License: Exp. Date: Home Improvement License: 155a;�& Exp. Date: ARCHITECT/ENGINEER I X�� 1� AlkO�7 Name: Phone: '77h,' Address: 69&2 IqI I Il, FYf �I I I MReg. No. _4(P4)/ FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost :$ b �-� FEE:$ /� 0 Check No.: zReceipt No.: goaar Page I of 4 i TYPE OF SEWERAGE DISPOSAL Swimming Pools 11Tanning/Massage/Body Art E] g Public Sewer Well Tobacco Sales El Food Packaging/Sales [Ij ❑ Permanent Dumpster on Site El Private(septic tank,etc. ❑ Electric Meter location to project NOTE: Persons contracting with tere ontractors do not have access to the guarantySifund Signature of Agent/Owner Signature of contractor Plans Submitted ElPlans Waived ElCertified Plot Plan ❑ Stampens ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF-U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ ❑Water Shed Special Permit ❑ Site Plan Special Permit ❑ Other COMMENTS DATE REJECTED DATE APPROVED CONSERVATION ❑ El COMMENTS DATE REJECTED DATE APPROVED HEALTH ❑ ❑ COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes I Planning Board Decision: Comments Conservation Decision: Comments Water& Sewer connection/Signature& Date Driveway Permit Temp Dumpster on site yes—no— Fire Department signature/date I Building Setback(ft.) Front Yard Side Yard Rear Yard Required Provided Required Provides Required Provided Dimension Number of Stories: Total square feet of floor area,based on Exterior dimensions. Total land area,sq. ft.: NOTES and DATA—(For department use) Page 3 of 4 Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM05 Created 1MC.Jan.2006 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 Addition Or Decks ❑ Building Permit Application ❑ 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) 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 BuildingPlans One To Be Returned to Include Sprinkler Plan And ( ) p Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report 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:BPEORM05 PA-f-,4 of 4 Location /,:�3 A/', , ;, No. s� Date s 7 f f NORTH TOWN OF NORTH ANDOVER 3? �L 1�- 9 41 Certificate of Occupancy $ ' 0 - Building/Frame Permit Fee $ JACMUSb Foundation Permit Fee $ Other Permit Fee $ ' TOTAL $ r Check # 2UuLiu Buii'ding inspector ,r� ��� � >1 tc,,.. #p�.V.I I�-i o "� -l!! �3 "? ev r� "; a s4, � 1 s:::`. � y':` }'4 f.l�' r�='d..„a ee'e7 A c k �•'!, #iii , ,- .'j t'��� a ,�"�' �€�� 'a@�` ���jkti S``Af k� � t���, � J '��r�tSkra ��� ,� r ,� L a• � % n. `ra.$,,#43SsP k: t5 r,� t �. .�' �Pv s •.cx.�� `fry' s�o- ° c � � ��nY�+ t��� s x 4 d k# k5y F 4 v S i of t tS i ' `*e Mr 1a s . { �� �r ��>• 'Etx Jd`n' ka,gp ea,,�y � � �xF� �`" '• 3Y,�R'�"i � `,��r�,�,'4p: yd" ,w� i��, �*'� �����t*s+'�'s;§r�. s°,i''Tf���'�t�� 4 � 2� r- �� 4 !3A i '�F.�4P� �' L R 1������� •"' F +2'§� Y �� t�Pa:f ���, ..� .. Town of North Andover NORTH 0 C4,%.ID /6Filo Building Department �? g�: a o 27 Charles Street o North Andover,Massachusetts 01845 * (978) 688-9545 Fax(978) 688-9542 � ey +► � D9 cecw iwi«ur �' �OR4T40 P'Pay��J Building Demolition Affidavit DATE jl lelld& OWNERS NAME&ADDRESS �II)h1J� I K6wrla Rd. 6 PROPERTY LOCATION / Ql (� DESCRIPTION CONTRACTORS NAME&ADDRESS 1Y�YYY�4Q LL� � � CXR DEPARTMENT SIGN-OFFS / D.P.W./WATER / Z- lU SEWER XJ �� V Vz GAS O ELECTRIC - TELEPHONE CABLE 06 TAXES POLICE C�4 1 e _ FIRE L EXTERMINATOR DUMPSTER-ON/OFF STREET DIG SAFE NUMBER r"7 080 H o�I BLDG. INSPECTOR DATE RECD JAN-16-2007 15:51 BELL ATLANTIC 978 682 0401 P.01 Town of North Andover of N pr d gtiQ Building Deparbnent ? 27 Charles Street North Andover,Massachusetts 01845 « r (978)688-9545 Fax(978)688-9542 '�q iK+fMlrtt�,y'1• At Building Demolition Affidavit 9Ss4c, s�� DATE �/ld4k& OWNERS NAME&ADDRESS H14NAA l� PROPERTY LOCA'T'ION I MG1//) .� A�(I MIkXId�°h M l� lel? � DESCRIPTION --- CONTRACTORS NAME&ADDRESS ala Cir;, a) . P &SbW, ARL DEPARTME- SIGN-OFFS D.p_'VV.J WATER SEWER ' cam" GAS /z.7 V, a/''�- ELECTRIC . -D TELEPHONE CABLE TAXES POLICE FIRE EXTERMINATOR DUMPSTER-ONJ OFF STREET QTG SAFE NUMBER BLDG,INSPE OR DATE RECD TOTAL P.01 Mark Catalogna Sheera Sleator Rose Marie Barnes 179-181 Main Street 26 Second Street 159 Main Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Joanne McCoy David Macgregor St Gregory Armenian Apostolic 28 Second Street 161 Main Street Main Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Frank Cain Sturbridge Arms Condos Helen Matheson 14 Socond Street Main Street 32 Second Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Joanne Peters Laura Maclellan Ronald Pollone 12 Water Street 173 Main Street #5 187 Main Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Roman Catholic Archbishop of Boston 196 Main Street North Andover, MA 01845 a F> NORTH r- @rE{(y/ a Stam �?` �ao ``�.tiQOL 11't'.01`w )iWGC`�' This is to certify that twenty(20)days 2006 NOV 30 Kiri 11: 49 have elapsed from date of decision,filed °, tK i>wa without filing of an appeal. �' ° Date ��i3,t'.iA�ty /3, � �cHu r 'Y►�;� Joyce A.Bradshaw HORI H r ^r Town Clerk ZONING BOARD OF APPEALS MASSA: Community Development Division P,k- •106`2`9 F.:,272 X415 4 `d! 02-13-2007 a 02 = 20g:), Any appy shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch 40 17 Pro at: 163 Main Street —1EARING{S): October 10&November NAME: Steve Sullivan&Michael Foster, 14,2006 9 WaverIcy Road pETITION: 2006-032 ADDRESS: 163 Main Street TYPING DATE: November 27,2006 North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,November 14,2006 at 7:30 PM upon the Street(Map 30, application of Steve Sullivan&Michael Foster,9 Waverley Road,for paragraphs 9.1 &9 163 2 of the Zoning Bylaw Parcel 10),North Andover requesting a Special Permit from Section 9,Paragrap ( ) in order to raze a pre-existing,nonconforming structure and re-btuld within the existing front and side setbacks on a hi pre-esisting>non-conforming lot. Said premise affected is property with frontage on the West side of Main Street within the GB zoning district. Legal dation re sentin to all names own of North Andover,on the 'on Septembes list and r25&ht�ctobershed in�e Eagle-Tribune,a newspaper general 2006. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Thomas D. IppoliIII and Daniel S.Braese. The following non-voting members were present: Joseph D.LaGrasse,Albert P.Manzi, II,and David R Webster. Upon a motion by Daniel S.Braese and 2°d by Thomas D. Ippolito,the Board voted to GRANT a Special Permit from Section 9,Paragraphs 9.1 &9.2 of the Zoning Bylaw in order to raze a pre-existing,non-conforming structure front and side setbacks on a re-existing,non-conforming lot per: and re-build within the existing P Site: 163 Main Street(Ma 30,Parcel 10),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,Mass.,owned by Michael J.Foster and Ste hen M. Sullivan Date(&Revised Dates): 9/8/2006,9/11/2006,9/13/2006,928/2006 Registered Professional RP.L S.G50 Deer Meadow Road,North Andover, Frank S. Giles, Land Surveyor: Building PIan Title: `Special Permit'Plans,as drawn for Stephen Sullivan&Michael Foster, 163 Main Street,North Andover,MA By. Ronald Henri Albert,Registered Architect No.4627, ronald hemi albert,ala architect,262 mill street,haverhill,ma 01830 Date: 9-14-06 S mwing: A-1 Proposed Exterior Elevations,A-2 Proposed First&Second Floor Plan, A-3 Provosed Exterior Elevation,&A-4 Proposed Exterior Elevations. ATTEST: Page 1 of 3 A True Copy 1600 Osgood Street,North Andover,Massachusetts 01845 Town Clerk Phone 918.688.9541 Fax 918.688.9542 Web www.towoofnorthandover.com v E NORTH -COLD 16 Art O p # +F s 2006 NOV 30 AM I1: 49 AVID ,SSACHUSE( l L1,114 i s i,.'i ZONING BOARD OF APPEALS ;Jq$SAC;;U:,�+j Community Development Division With the following conditions: 1. The applicant shall apply to the North Andover Planning Board for a Site Plan Special Permit. 2. The applicant shall provide a landscape buffer planting along the right side lot line in order to screen the ground floor units of Sturbridge Arms 173 Main Street,along with the 6'white vinyl fence and landscape buffer planting along the left lot line in order to screen 159 and 161 Main Street. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Thomas D.Ippolito,and Daniel S.Braese. The Board finds that Stephen Sullivan and Michael Foster have satisfied the provisions of Section 9,Paragraph 9.1 &9.2 of the zoning bylaw and that the Special Permit for 163 Main Street may be granted. The Board finds that 163 Main Street is zoned as General Business and that the proposed use as an insurance office only is an allowed use in the GB zoning district per Section 4.131 and Table 1 of the North Andover Zoning Bylaw. The Board finds that George H. Schruender,Jr.,Chairman,NA Old Center Historic District Commission,has written a letter stating that 163 Main Street is not in the historic distria The Board finds that the applicant stated in the October 10`h meeting that the existing structure could not be renovated to comply with the Americans with Disabilities Act requirements, the 1847-dated fieldstone foundation is crumbling,there is no foundation under the rear portion,and there are powder post beetles in the basement as reasons the existing structure needed to be razed and rebuilt. The Board finds that the applicant's Plan of Land shows that the new structure will retain the existing non-conforming side setbacks. Also,the proposed new structure will be 25'from the front lot line rather than the existing structure's 23', which will eliminate the existing front setback non-conformity. The Board finds that the proposed wood framed structure is designed in the same style,2-story 12 x 12 pitch roof,as the existing structure. The Board finds that the applicant wrote on October 25,2006 to the Sturbridge Arms Condominium offering to meet with the Association and members and offering"to clean up and landscape the property to everyone's satisfaction,keeping your privacy in full consideration." The Board finds that this use,as developed,will help maintain the Main Street business area and will not adversely affect the neighborhood The Board finds that the application package contains a Site Plan and pamphlet showing an existing hydrant,existing sewer and water connections, storm water calculations,soil classification,Existing Conditions Site Plan,and Proposed Conditions Site Plan for 163 Main Street by Philip G. Christiansen,Registered Professional Civil Engineer. The Board finds that the hours of operation will be 8:30 AM to 4:30 PM,Monday through Friday,that adequate off-street parking is provided for staff and customers,and that there will be no nuisance or serious hazard to vehicles or pedestrians. The Board finds that 163 Main Street has connections to Town water and sewer,and that the application's Written Documentation states"Trash removal is by contract with private vendor. No dumpster needed on site."Providing adequate facilities will be provided for the proper operation of the insurance office. Finally,the Board finds that the new office building for the insurance agency will have greater conformity to the dimensional requirements of GB and will be built to conform to all applicable local, state,and federal building codes and regulations than the existing structure. The Board finds that this change shall be less detrimental than the existing structure to the neighborhood. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9541 Fax 978.688.9542 Web wwwjownofoorthandover.com AORT#f cE t�ao �61ti r: 9rv_. ` �t stamp �t� •. �• OQ "`_..�._ irk rt,^t_ p Po [006 P,OV 30 M I I �9 'll*+�It Too ACHU ZONING BOARD OF APPEALS MASSACH I-,`r.:. ; Community Development Division of Note: 1.This decision shall not be in effect until a copof this decision of the recorded at an or Special Permit as cthe Essex County opy Deeds,Northern District at the applicant's expense. 2.The granting applicant does not necessarily en applicable local,state,and federal building codes and isure the granting of a building permit as the applicant must abide by all appc requested ithe app regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant, it shall lapse,and maybe re-established only after notice,and a new hearing. Furthermore,if a Special Permit contained herein shall be deemed to have lapsed after a two(2)year period from the granted under the provisions date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,Chairman o Decision 2006-032. M3OP20. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com ESSEX NORTH REGI TRIS OF DEEDS LAWRENCE,MASS. Z2 A TPILJE COPY-An EST REGISTER OF DEEDS s i CTI �� BOARD OF BUILDINoG IONS License: CONSTRUCTION SUPERVISOR i Number: CS ..�++.' 056629 , t I t Birthdate: 06/29/1962 Ex it 06 P °f /29/2007 Tr.no: 13423 Restricted: 00 `- { ROBERT A CUNNINGHAM-' ',,-,' 1( 26 GREENFIELD DR ./- I PLAISTOW, NH 03865, /JG, JCommissioner it r i 1 , l r r s' 1 License or registration valid for individul use only before the expiration date. If found return to: Board of Building Regulations and Standards One Ashburton Place Rm 1301 Boston,Ma.02108 r r Not valid wit t signature i i �� Board of Building Regulations and Standards j HOME IMPROVEMENT CONTRACTOR j Registration:. 153526 Expiration: 12%7/2008 Tr# 253572 Type: Individual ROBERT CUNNINGHAM ROBERT CUNNINGHAM" 26 GREENFIELD DRIVE. PLAISTOW,NH 03865 Administrator NORTH ANDOVER BUILDING DEPARTMENT Tel: 978-688-9545 DEBRIS DISPOSAL FORM In accordance with the provision of MGL c 40 S 54, a condition of Building Permit at: is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL c11, S150A. Also, note Permits are required under Fire Prevention laws.Chapter 148 Section I 0A. The debris will be disposed of in: (Location of Fa ility) C&oj) &7 9-Z6 ZG Signa re of Permit Applicant The ( commonwealth of Massachusefts , Department of Fire Services O i Off-ice of the State Fire Marshal P.0.Box 1025 State Road,Stow,NEA 01775 PERMIT Date: North Andover Permit No (Cityof Town) (if Applicable) Dig Safe Num ye�r rdance with the provisions of M.G.L.1 44 Cbap.ter___D_as provided in section S 7 CMR 3 4 Start Date This Permit isgrante o. jj�/j��C r��� - / �f� �Sf Full name of person,Firm or Corporation Pet-missionto ' dumpster for construction/renovation/demolition of building. Comments: dumpster must be . 25 ' from structure ifunable to lace with required Restrictions:clearrante dumpster must be covered with 1 wood or tar end of work -day at (Give location by street and no.,or describe in such mann s to provied adequate identification of location) FeePaidS 50.00 Fire Chief This Permit will espire Signature of offical granting permit) Of Ticalanon ,mut !�' g P (Title) i The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 UT www.massgov/dia Workers'Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Leeibly Name(Business/Organization/Individual): Q ziy\zvr,�a<- � L.L C_ Address: �� City/State/Zip4;k �� 0� �'��� Phone.#: Are you an employer?Check the appropriate box: Type of project(required):. 1.C1I am a employer with 4. E] I am a general contractor and I • have hired the sub-contractors 6. 0 New construction employees(full and/or part time). , 2.❑ 1 am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have g. E]Demolition working for me in any capacity. employees and have workers' 9. Building addition [No workers'comp.insurance comp.insurance.t required.] 5�We are a corporation and its 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself.[No workers'comp. right of exemption per MGL 12.0 Roof repairs insurance required.]t c. 152,§1(4),and we have no employees.[No workers' 13.❑Other 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 affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheat showing the name of the sub-contractors and state whether or not those entities have employees. If the subcontractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation Insurance for my employees Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.M Expiration Date: Job Site Address: City/State/Zip: Attach 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 to the imposition 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 Office of Investigations of the DIA for insurance coverage verification. I do hereby c fy�er e pains penaldles of perjury that the Information provided above is true and correct Si Date: Q _ Phone OfJleial use only. Do not write in this area,to be completed by city or town oJj°lclaL City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#• Bk 10629 F':9271 0?-13--007 a 02 = 20P iruEIVED U SQA` ',.11-7? °S OUIC:. NORTH Town of North Andover 0E<<`°' •1'40 p Office of the Planning Department 2001 JAN 22 Pfd 4: 10 Community Development and Services Division * p , • * 1i1;4iQi" O*•� 1• i Y 'C"', %�- ,' ; ,0 1600 Osgood Street NOR I H At11 DC v� ; S"`""5 North Andover,Massachusetts 01845 ftA�S c�� { '` ; l NOTICE OF DECISION This is to certify th-4i&�enty(20)days have elapsed from dAte of decision,filed without filing of an appeal. Any appeal shall be filed Date a_ 7 within(20)days after the Joyce A.Bradshaw Town Clerk date of filing this notice in the office of the Town Clerk. Date: January 22, 2007 Date of Hearing:November 7, 2006, December 19, 2006, January 16, 2007. Date of Decision: January 16, 2007 Petition of: Michael Foster and Stephen Sullivan 9 Waverley Road,North Andover,MA 01845 Premises Affected: 163 Main Street,North Andover,MA 01845, within the General Business Zoning District,Map 30,Lot 10. Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A, Sec. 9 So as to allow: the construction of a two-story, 3,504 gross square foot office building, 12 parking spaces, installation of drainage and storm water management system, limited grading work, and landscaping within the General Business District(GB). After a public hearing-given on the above date;the Planning Board voted to APPROVE A SITE PLAN SPECIAL PERMIT based upon the following conditions: orth And�er lannig Board Richard Nardella, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Richard Rowen Jennifer Kusek cc: Town Departments Applicant Engineer Abutters ATTEST: A True Copy Town Clerk s 163 Main Street Street,Map 30 Lot 10 Site Plan Special Permit—Construction of two-story office building. January 17,2006 The planning Board herein APPROVES the Site Plan Special Permit to construct a 3,504 gross square foot, two-story office building, 12 parking spaces, installation of drainage and storm water management work. The office building and 12 space parking lot are located a 163 Main system and limited grading District. The parcel is Street, Assessor's Map 30, Parcel 10 in the General Business (GB) Zoning P comprised of approximately 11,772 s.f with frontage on Main Street. This Special Permit was requested by Michael Foster and Stephen Sullivan, 9 Waverley Road,North Andover MA 01845. The app lication was filed with the Planning Board on October 5, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A,Sec. 9. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is located in the General Business Zoning District and involves the construction of a two-story office building, 12-space parking lot,and substantial landscape work. Further,the project provides services that will expand the economic base within the downtown area and improves the character and integrity of the neighborhood. 2) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal improves pedestrian safety and vehicular circulation within the site. The number of vehicle trips from this site will be negligible. Given the scope and size of the project,there will be no significant increase in the amount of traffic entering/leaving the site on to Main Street. 3) The landscaping and lighting plans approved as part of this plan meet the requirements of Section 8.4 as amended by the Planning Board,of the North Andover Zoning Bylaw. The lighting plan consists of shielded downcast lighting that has been arranged to provide adequate safety for the business and shall not impact abutting properties or Main Street. The landscaping has been placed so as to enhance the appearance along the frontage of Main Street and the abutting properties. With the exception of the plantings stipulated in the agreement between the applicants and the Sturbridge Arms Condominium Association along the southern boundary of the parcel, all plantings and screening depicted on the approved plans referenced herein shall remain in perpetuity over the life of the project 4) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 5) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The new office building will be serviced by town water and sewer. The Division of Public Works, and the outside consulting engineer, Vanasse, Hagen Brustlin, Inc, have reviewed the application, utilities,and drainage and storm water management plan and deemed them to be adequate. 6) On November 27, 2006,the ZBA granted a Special Permit for Section 9, Paragraphs) 9.1 & 9.2 of the Zoning Bylaw in order to raze a pre-existing, non-conforming structure and re-build within the existing front and side setbacks on a pre-existing,non-conforming lot with the following conditions: 1. The applicant shall apply to the North Andover Planning Board for a Site Plan Special Permit. 2. The applicant shall provide a landscape buffer planting along the right side lot line in order to screen the ground floor units of Sturbridge Arms 173 Main Street, along with the 6' white vinyl fence and landscape buffer planting along the left lot line in order to screen 159 and 161 Main Street. 2 163 Main Street Street,Map 30 Lot 10 Site Plan Special Permit-Construction of two-story office building. January 17,2006 Finally the Planning Board finds that this project generally complies with the Town of North Andover in order to be fully in Zoning Bylaw requirements as listed in Section 8.3.5, but requires conditions the provided the following compliance. The Planning Board hereby grants an approval to the app conditions are met: SPECIAL CONDITIONS: Permit Definitions: i) The"Locus"refers to the 11,772 sq.ft.parcel of land with land fronting on Main Street as shown on Assessors Map 30, Lot 10, and also known as 163 Main Street, North Andover, Massachusetts. ii) The "Plans" refer to the plans prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830, entitled "Site Plan for Proposed Office Building at 163 Main Street in North Andover, MASS.and consisting 1 sheet. iii) The"Project" or "163 Main Street"refers to ardrawage and0stormswater�management foot, two- story office building, 12 parking spaces system and limited grading work. iv) The "Applicant" refers to Michael Foster and Stephen Sullivan, the applicants for the Special Permit. v) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant,developer,and owner. 1) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. 2) The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four(4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any,and actions taken to resolve these issues. 3) PRIOR TO THE ENDORSEMENTY� ITH THE FOLLOWING CONDITIONS:NNING BOARD, THE APPLICANT MUST CO A) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board.The final plans must be submitted for review within ninety(90) days of filing the decision with the Town Clerk. B) The final site drainage system must be designed in accordance with the Town Bylaw requirements and reviewed by the Division of Public Works. All storm water drainage control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown the plan shall be submitted to the 3 r 163 Main Street Street,Map 30 Lot 10 Site Plan Special Permit-Construction of two-story office building. January 17,2006 Department of Public Works for review and approval_ Written confirmation of said review and approval by the Department of public Works must be submitted to the Planning Department- 4) epa 4) PRIOR TO THE START OF CONSTRUCTION A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. D) Yellow "Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. E) A pre-construction meeting must be held with the developer, their construction employees, Planning Department and Building Department to discuss scheduling of inspections to be conducted on the project and the construction schedule. F) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover Land-Use Boards. G) A bond in the amount of Four Thousand($4,000.00)Dollars shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 5) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. 6)DURING CONSTRUCTION A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) Any stockpiling of materials(dirt,wood,construction material,etc.)must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent Properties- 4 163 Main Street Street,Map 30 IAt 10 Site Plan Special permit—Construction of two-story office building. January 17,2006 C) In an effort to reduce noise levels,the developer nt that shall lkeep in Optimum working order'ute sounds from the structures ors through regular maintenance,any and all equipme 7) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY applicant must submit a letter from the architect and engineer of the project stating that the A) The landscaping, and site layout substantially comply with the plans referenced at the building, sdecision lighting Board Alternatively,the applicant and/or property end of this decision as endorsed by the Planning owner may provide a bond, determined by the Planning Board, to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to the use of the parking area. B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. 8) PRIOR TO THE FINAL RELEASE OF ALL SECURI'T'Y AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening as may be reasonably required by the planning Staff will be added at the Project Owner's expense. B) A final as-built plan showing final topography,the location of all on-site utilities,structures,curb cuts,parking spaces and drainage facilities must be submitted to the Planning Department. 9)GENERAL CONDITIONS A) Any plants,tree, shrubs,or fencing that have been incorporated into the Landscape Plan approved in this decision that die or fall into disrepair must be replaced by the project owner in perpetuity. B) Snow removal may be stored on the designated storages areas located on the western portion of the property to the extent possible, but shall be trucked off site whenever snow exceeds onsite storage capacity. C) There shall be no dumpsters or outside storage of materials/refuse on site. All materials/refuse to be stored inside of the building. D) All exterior lighting on site shall be turned off by 6:00 p.m. E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. F) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. G) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m.and 5:00 p.m.on Saturday. 5 r 163 Main Street Street,Map 30 Lot 10 Site Plan Special Permit—Construction of two-story office building. January 17,2006 H) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 1) No underground fuel storage shall be installed except as may be allowed by Town Regulations. J) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. IC) Any action by a Town Board,Commission,or Department,which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. L) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. M) This Special Permit approval shall be deemed to have lapsed two years after the January 16, 2007 granting of this special permit, exclusive of the time required to pursue or await determination of any appeals,unless substantial use or construction has commenced within said two year period or for good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun renovation of the existing structures. N) This Site plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1) Plan titled: Site Plan for Proposed Office Building at 163 Main Street in North Andover,Mass. Prepared for: Michael Foster and Stephen Sullivan 9 Waverley Road North Andover,MA 01845 Prepared by: Christiansen&Sergi 160 Summer Street Haverhill,MA 01830 Scale: 1" 20' Date: September 27,2006,Revised 11/16/06, 12/11/06, 1/1/07 Sheets: Sheet 1 2) Plot plan titled: Plan of Land in North Andover,MA owned by Michael J.Foster and Stephen M.Sullivan Prepared for: Michael J.Foster and Stephen M Sullivan 9 Waverley Road North Andover,MA 01845 Prepared by: Scott Giles 50 Deer Meadow Road North Andover,Mass. Scale: 1"=20' Date: 9/8/06,9/11/06,9/13/06,9/28/06 Sheets: Sheet 1 3) Building Elevations: 6 163 Main Street Street,Map 30 Lot 10 bite Plan Special Permit—Construction of two-story office building. January 17,2006 P"E C F_(V E 0 r^ n t' Special Permit Plan as drawn for Stephen Sullivan&Michael Foster 2001 JAN 22 Ph 4*- 10 163 Main Street in North Andover,Mass. Prepared for: Michael Foster and Stephen Sullivan I-i;,, 0 r �i 163 Main Street FORTH North Andover,MA 01845 M A SS,AC iU S It".f Q: Prepared by: Ronald Henry Albert 202 Mill Street Haverhill,MA 01830 Scale: 1/8"= 1' Date: September 14,2006 Sheets: A— 1 through A—4 7 r � ESSEX NORTH RFGi Y O EEDS LAWRENCE,MASS. � ��7 A TRUE COPY.ATTEST REGISTER OF DEEDS NORTH c Town of . .... No. = ©� �` dover, Mass., COC MIC MEWICK �oRATED P' �5 IT BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System i . BUILDING INSPECTOR THIS CERTIFIES THAT............ r.'.............. ..... ....... .................................................................................. Foundation has permission to erect.... .............................. buildings on...0..�...... :� ..t .......1......................................... Rough {�-t Chimney to be occupied as................ . . ..` ....... ;,. ......,r...... .... .... ....�. ..,3.:.............................. .. ...... provided that the person accepting this permit shall m every respect conform to the rms of the application 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 Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRU N STARTS Rough .... .. Service .. .. .. .................. . ............. ............. G INSPECTOR Final 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 BeDone FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det.