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T WN OF NORTH ANDOVER TOWNW--IK
Any appeal shall be filed MASS A C g L S ETT S NORTH ANDOYER
within (20) days after the ,AUG L( 3 49 F� 'h
H ORT,
Jate of filing of this Notice ,v
in the Office of the Town
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NOTICE OF DECISION
Date August 27, 1996
Jul 2, Ju116, 1996
Date of HearinoAug 6; Aug 20. 1996
f
Petition of Alfred•F. Contarino.........................................
�3 Lot 2 Beechwood Hill
Premises affected ..................... .......................
Referring to the above petition for a special permit from the requirements
North Andover Zoning Bylaw Section 8.3,(Site.Plam.aeview) .............•
rr the .............
allow construction of a 30,000 sq ft one story building
so a= to P9x%)*................................ ....
-- ?�ft.er.. a_ .g.ubh.c�.hearing o ven -on th-Zeabove ..date -.,-,.the Planning Board voted
ft -
conditionally
. Special Permit ...................
toapprove ........ the .......... ..........................
CC. Director of Public Works
Building Inspector
Natural Resource/Land Use Planner
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Interested Parties
based upon the following conditions:
Signed
JosephV: Mahoney: Chairman,
Richard Rowen, Vice Chairman..,,
Alison:Lescarbeau: Clerk ,
Richard•Nardella
John Simons
August 27, 1996
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
No. Andover, MA 01845
I
Re: Special Permit/Site Plan Review Lot 2A Beechwood Hill
Dear Ms. Bradshaw,
The North Andover Planning Board held a public hearing on Tuesday
evening, July 2, 1996 at 7:30 p.m. in the Senior Center behind
the Town Building, on the application of Alfred F. Contarino,
1755 Osgood Street, No. Andover, MA 01845 for a special permit
under Section 8.3 (Site Plan Review) of the North Andover Zoning
Bylaw. The legal notice was properly advertised in the North
Andover Citizen on June 12 and June 19, 1996 and all parties of
interest were duly notified. The following members were present:
Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman,
Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, John
Simons and Richard Nardella.
The petitioner was requesting a special permit to allow for the
construction of a 30,000 sq ft one story building located at Lot
2 Beechwood Hill, No. Andover, MA 01845.
Ms. Lescarbeau read the legal notice to open the public hearing.
Ms. Colwell stated that the Planning Board approved the
subdivision in 1994, but the applicant has not had the plans
endorsed yet. There are a few outstanding issues to be resolved:
stormwater drainage, landscaping and lighting.
Phil Christiansen, Christiansen & Sergi, handed out a revised
plan and drainage information.
Steve Webster, Dutton & Garfield, was present and stated that
Lcom has outgrown its present location and needs to expand --they
have gone from 9 employees to 35. They are a design,
manufacturing and distribution company requiring 10,000 sq ft of
office space, 10,000 sq ft of manufacturing space and 10,000 sq
ft of warehouse space with the hours of operation being 7 a.m. to
1
7 p.m. They are proposing 71 parking spaces with loading zones
in the rear of the building; they will be on septic system and
Town water. Phil Christiansen stated that the soils are sand and
gravel, very deep with almost no runoff. Mr. Rowen asked when we
have rain in January, where does the the water go and Mr.
Christiansen replied into a very small swale.
Eileen Taylor, 21 Cherise Circle, expressed concern over the
lighting, and Mr. Webster replied that the lighting will be
illuminating the parking area, away from the homes.
Lee Babb, Cherise Circle, concerned about noise coming from the
building as he can hear plenty of noise from the AT&T building
across the street. Mr. Webster replied that you really can't
compare such a large structure as AT&T with Lcom, but, of course,
every effort will be made to minimize the noise. Mr. Mahoney
stated that the Planning Board always tries to minimize the
impact on homeowners.
Bill Berger, 29 Cherise Circle, concerned about seeing the
building in winter when leaves are off the trees. Mr.
Christiansen replied that the building is 15' high and there is a
very dense treed area present. Mr. Angles stated that possibly a
row of evergreens could be planted at the rear of the building.
A site walk is scheduled for 6:00 p.m. on July 9, 1996.
Continued to July 16, 1996.
The North Andover Planning Board held a regular meeting on July
16, 1996. The following members were present: Joseph V.
Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison
Lescarbeau, Clerk, Richard Nardella and John Simons.
Phil Christiansen, Christiansen & Sergi, handed out new plans and
storm water drainage calculations. He has responded to the
concerns raised by Coler & Colantonio, the outside drainage
consultant. The porous pavement has been changed to leaching
areas. The mechanicals have been moved behind the building the
building in response to the neighbors concern about the level of
noise. Pine trees have been added to the plan to screen the site
from the neighbors. The wetland lone will be added to the plan
however all of the work is outside of the 25' no -cut and the 50'
no -build therefore no changes in the plan are anticipated.
Steve Webster, Channel Building, provided a cross-section of the
site to the Planing Board and the neighbors demonstrating that
the building will be below the current foundations of the homes
on Cherise Circle. The building is tucked down into the hill.
The lighting will be directed towards the parking lot, not
2
towards the residential area. The lighting will be similar to
those in the Senior Center Parking lot. A sample of the lighting
was handed out.
Mr. Simons questioned the building materials.
Ms. Colwell stated that she received a letter from the abutters
listing their concerns however many of them were addressed by the
applicant tonight.
Jeanne Bramanti, 35 Cherise Circle, wanted to make sure that the
trees to be planted will be of a specific size, not 3" high
trees.
Ms. Colwell asked the Board to consider the neighbor's request to
reduce the parking area on the side of the building. Mr.
Nardella expr4essed concerns about eliminating parking spaces for
an industrial use. Ed Castleton, Lcom stated that the parking is
needed due the number of temporary employees and handicapped and
older employees. The Board decided that the parking spaces are
necessary.
Bill Gordon, 29 Cherise Circle, questioned the hours of operation
and deliveries. Mr. Castleton stated that the hours of operation
are generally between 7:30 a.m. and 5:30 p.m.. Mr. Rowen stated
that the shipments and deliveries should be limited to the period
between 7:00 a.m. and 11:00 p.m..
On a motion by Mr. Rowen, seconded by Mr. Nardella, the Planning
Board continued the .public hearing to August 6, 1996.
The North Andover Planning Board held a regular meeting on August
6, 1996. _The following members were present: Joseph V. Mahoney,
Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk,
Alberto Angles, Associate Member and Richard Nardella.
Continuation of the public hearing. Ms. Colwell stated that
there are numerous outstanding issues from Coler & Colantonio
that need to be addressed. A letter was received at the Planning
Office from the neighbors regarding the parking. Mr. Rowen
stated that at the last meeting there was a rather lengthly
discussion regarding the parking. Mr. Mahoney asked the
applicant and Ms. Colwell if they could meet in the Planning
Office with John Chessia to discuss the outstanding issues. Ms..
Colwell will set up an appointment.
Topography along the 50' buffer zone
and Ms. Colwell stated she would like
applicant asked if they could have a
3
will be shown on the plan,
the wetlands shown. The
waiver from a formal
landscaping plan due to the fact that the building is in the
woods and the applicant feels the landscaping they've proposed is
sufficient. Mr. Rowen stated that he would like listed the
number, species and height of trees to be planted. Ms. Colwell
recommends subsurface infiltration on the roadway. The hours of
operation will be 7 a.m. to 11 p.m. Monday thru Friday.
A couple of abutters sent a letter in to the Planning Office
regarding their perception of a certain Board members statements
regarding the hours of operation. The abutters appeared at the
meeting and a discussion ensued with all issues being resolved.
Discussion of this project continued until August 20, 1996
meeting.
The North Andover Planning Board held a regular meeting on August
20, 1996. The following members were present: Joseph V.
Mahoney,'Chairman, Alison Lescarbeau, Clerk, Alberto Angles,
Associate Member, Richard Nardella and John Simons.
Ms. Colwell gave the Board the latest comments from Coler &
Colantonio with regards to large trucks being easily able to
negotiate a turn on the property. It was discussed by the Board
whether that was something they need be involved with. Phil
Christiansen stated that the problem has been taken care of - the
paving has been increased in the area.
On a motion by Ms. Lescarbeau, seconded by Mr. Nardella, the
Board voted unanimously to close the public hearing.
Ms. Colwell had a draft decision prepared for discussion by the
Board.
On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the
Planning Board unanimously approved the draft decision as
amended.
Attached are the conditions.
Sincerely,17/
Yoseph V. Mahoney, Chairman
North Andover Planning Board
4
Lot 2 Beechwood Hill
Site Plan Review - Special Permit
The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a
30,000 SF industrial building located in the Industrial -1 Zoning District. This Special Permit was
requested by Alfred F. Contarino, 1755 Osgood Street, North Andover, MA. This application was
filed with the Planning Office on June 3, 1996.
The Planning Board makes the following findings as required by the Zoning Bylaw Section 8.3 and
10.3:
FINDINGS OF FACT:
The specific site is an appropriate location for the project as it is zoned for industrial use.
2. The use, as developed, will not adversely affect the neighborhood as the as sufficient buffer
zones have been created to shield the use from adjacent residential properties.
There will be no nuisance or serious hazard to vehicles or pedestrians;
4. The landscaping plan approved as a part of this plan meets the requirements of Section 8.4 of
the Zoning Bylaw with review by the Planning Board;
The site drainage system is designed in accordance with the Town Bylaw requirements subject
to the conditions of this decision;
6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section
8.3 of the Zoning Bylaw;
7. Adequate and appropriate facilities will be provided for the proper operation of the proposed
use.
Finally, the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw_ requirements as listed in Section 8.35 but requires conditions in order to be fully in
compliance. The Planning Board hereby grants an approval to the applicant provided the following
conditions are met:
SPECIAL CONDITIONS:
Prior to any work on site, the applicant shall adhere to the following:
a) The applicant must submit the mylars to the Planning Board for endorsement.
b) A full set of site plans must be submitted to the Town Planner for review within
ninety days of filing the decision with the Town Clerk..
c) The applicant must submit a list of species to be planted including the proposed height
at the time of planting.
I
2.
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d) - A bond in the amount of ten thousand ($10,000) dollars shall be posted for the
purpose of insuring that a final as -built plan showing the location of all on-site utilities,
structures, curb cuts, parking spaces and drainage facilities is submitted. 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.
IV/ 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.
The operation of heavy construction equipment will be limited to between the hours of
7:00 a.m. to 5:00 p.m. Monday through Saturday.
Prior to FORM U verification (Building Permit Issuance):
a) The plans must be endorsed and three (3) copies of the signed plans must be delivered
to the Planning Department.
b) This decision shall be recorded at the Essex North Registry of Deeds and a recorded
copy delivered to the Planning Staff.
Prior to verification of the Certificate of Occupancy:
a) The applicant must a submit a letter from the architect of the project stating that the
building has been constructed in conformance with the following plans as submitted to
the Planning Board for. review:
Plan titled: Proposed Elevations
Scale:
1/8" = 1"
Prepared for:
L -Com
1500 Osgood Street
North Andover, MA
Date:
7/1/96
Prepared by:
Dutton & Garfield, Inc.
North Andover, MA
b) The landscaping must be planted as shown on the plan presented to the Planning Board
as follows:
Plan titled: Site Plan for Beechwood Hill in North Andover, Mass.
Prepared for: Alfred Contarino
Scale: 1" = 40'
Date: June 5, 1996; rev. 8/81996
Prepared by: Christiansen & Sergi
160 Summer Street
Haverhill, MA 01830
Select on-site evergreen trees are to be transplanted to the limit of work at the
top of the slope prior to construction. These transplanted trees are to be supplemented
I
with nursery grown evergreen shrubs to provide a screen of trees and shrubs planted
approximately 10 feet on center.
C) All artificial lighting used to illuminate the site shall be approved by the Planning Staff.
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 site shall be reviewed by the
Planning Staff. Any changes to the approved lighting plan as may be reasonably
required by the Planning Staff shall be made at the owner's expense.
d) The mechanical units must be placed on the ground, not on the roof, on the
southeastern side of the building a shown on the plan referenced in Condition 18.
e) All buildings shall have commercial fire sprinklers installed in accordance with the
North Andover Fire Department.
f) The site must have received all necessary permits and approvals from the North
Andover Board of Health and the Conservation Commission.
5. Prior to the final release of security:
a) The site shall be reviewed by the Planning Staff. Any screening as may be reasonably
required by the Planning Staff and/or Tree Warden will be added at the applicant's
expense.
b) A final as -built plan showing the location of all on- site utilities, structures, curb cuts,
parking spaces and drainage facilities must be submitted to and reviewed by the
Division of Public Works.
6. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in
this decision that die within one year from the date of planting shall be replaced by the owner.
7. All shipments and deliveries will be limited to between the hours of 7:00 a.m. and 11
p.m..
8. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
9. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective
utility companies.
10. All catch basins shall be protected and maintained during construction with hay bales to prevent
siltation into the drain lines.
11. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
12. No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
13. All signs must comply with the sign bylaw.
14. 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.
15. 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.
16. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial, the applicant must submit revised plans to the Planning Board for approval.
17. This Special Permit approval shall be deemed to have lapsed afterdg/',' /p9d
(two years from the date permit granted) unless substantial use dr construction has
commenced. Substantial use or construction will be determined by a majority vote of the
Planning Board.
18. The following information shall be deemed part of the decision:
a) Report on Stormwater Mitigation
Prepared for: Beechwood Hill in North Andover, Mass.
Prepared for: Alfred Contarino
Date: July 2, 1996; rev. July 16, 1996
b) Plan titled:
Proposed Elevations
Scale:
1/8" = 1"
Prepared for:
L -Com
1500 Osgood Street
North Andover, MA
Date:
7/1/96
Prepared by:
Dutton & Garfield, Inc.
North Andover, MA
c) ._Plan titled: Site Plan for Beechwood Hill in North Andover, Mass.
Prepared for: Alfred Contarino
Scale: 1" = 40'
Date: June 5, 1996; rev. 8/19/96
Prepared by: Christiansen & Sergi
160 Summer Street
Haverhill, MA 01830
cc: Director of Public Works
Building Inspector
Health Administrator
Assessors
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
Lot 2A Beechwood Hill - Site Plan Review