No preview available
HomeMy WebLinkAboutMiscellaneous - 1077 OSGOOD STREET 4/30/2018 (5) 1077 OSGOOD STREET 210/035.0-0027-0000.0 O tN Ar TOWN O h N O It '1' 11 A N D O V L 11P10RI! �`lER MASSACHUSETTS SEP 3 5? NOH iN 11 1- , Any appeal shall be filed ' within (20) days after the y i 4 HUSE� date of filing of this Notice in the Office of the Town NOTICE OF DECISION Clerk. Date. ,September .27,. 1991. . . . . . . . . . Date of Hearing , September.26: .1991 Petition Of .Angus Realty Corp:. . . . . . . . . . . . . . . . Premises affected „1077 Osgood. Street . . . . . . . Referring to the above petition for a special permit from the requirements of the . , North.Andover Zonin�. Bylaws.�.Secticn 8.36, x-Modification to an Approved Site Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .the.i4gdt�"tipp. p .rgdvcing .the, Auj*.ex. Pf. stories. .tram .a .two. story„bu�i}ig.to ,a ,one Atory. bpilding; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted Conditionally to .Approve. . . . . . . . .the .Site PlaPAIP4figgtiqil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cc: Director of Public Works based upon the following conditions : Board of Public Works Highway Surveyor Building Inspector • Board of Health Sighed �. ��Q� Assessors Conservation Commission George.D: .Per a .Jr.,,, ChairmaCCn//, Police Chief Fire Chief John Simons, Clerk Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engineer ' ' John Draper File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interested Parties Joseph Mahoney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Richard NarH.ella ANGUS REALTY CORP, BUTCHERBOY MALL 1077 OSGOOD STREET SITE PLAN REVIEW MODIFICATION, SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW. FINDINGS OF FACT• This modification to the original Site Plan Review approval is in effect reducing the height of the structure from two stories to one story. It is intended in this modification that in no way shall the applicant be allowed to construct a second story on this structure now or at any time in the future. The Planning Board makes the following findings regarding this Site Plan Review application as required by section 8. 3 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2 . Adequate vehicular and pedestrian access into the surrounding site has been provided. 3. The landscaping plan as shown and revised, meets the requirements of section 8.4 of the Zoning Bylaws. 4 . The site drainage system is designed in accordance with the Town Bylaw requirements. 5. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning . Board finds that this proposal complies with the Town of North Andover Zoning Bylaw requirements as listed in section 8 .35 with the addition of the following reasonable conditions. The Planning Board hereby grants a approval to the applicant provided the following conditions are met: CONDITIONS OF APPROVAL: 1. The following plans shall be deemed to be approved by this Site Plan Review modification: a. Plans entitled: SITE PLAN AND ELEVATIONS, PROPOSED BUTCHER BOY MALL OSGOOD STREET, NORTH ANDOVER, MA. Pages Included: L-1 AND A-5 Drawn By: MACLAREN ASSOCIATES Dated: 10/15/86 Final Revision: 8/29/91 r The above referenced plans shall also include all revisions as noted herein. All plans shall be on 24" x 36" sheets. 2. The following information must be submitted to, and approved by, the Planning Staff prior_to.-the applicant receiving a Building Permit for either,the. wall or structure. a., ' detailed wall cross sections and Plan describing methods of excavation and their limits. y "-"Comprehensive Wetland Replication Plan as required in the Ordeb of Conditions issued by the NACC. Landscape planting plan. �dj Construction Sequence and Erosion Control plan. e. Wetland Flagging shall be check by a representative of the North Andover Conservation Commission prior to construction. 3 . The following information must be submitted to the Planning Staff prior to the applicant receiving a Certificate of Occupancy for any structure on this site: a. Progress reports of all work within the wetlands must be submitted every three months from the date that construction commences on this site. .. - All drainage facilities including detention basins, shall be constructed and erosion controlled prior to the applicant receiving a Building Permit for the structure. If this is found to be inappropriate due to phasing . of construction activities, then a bond in the amount of Q�jtmshall be posted with the Planning Board to ensure proper adherence to .this condition. Upon issuance of a Certificate of Occupancy for the proposed new construction the applicant shall have sixty (60) day in which to complete all demolition of the existing building and appropriate site work as shown on the approved plans. The $20, 000 bond shall be released u on com le o the demo i ion of he existing structure nd all appropriate site work. 5. An as-built plan and profile shall be submitted for review and approval prior to the granting of an Occupancy Permit. A certified interim as-built verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to .the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. 6. All Planning Board Order of Conditions are to be placed upon the recorded Final Plans, ( Cover Sheet ) prior to G. endorsement and filing with the Registry of Deeds. 7. Throughout all lands, tree cutting shall be kept to a minimum in order to minimize erosion and preserve the natural features of the site. Accordingly, the developer in conjunction with a registered Landscape Architect, shall submit a tree cutting and reforestation plan consistent with the provisions of Section 5.8 of the North Andover Zoning Bylaws, to be approved by the Planning Staff prior to the applicant receiving a Building Permit for either the wall or structure. This plan shall explicitly include specific trees to be retained. 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 with hay bales to prevent siltation into the drain lines during road construction. 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 buildings shall have commercial fire sprinklers installed prior to the issuance of the Certificate of Occupancy, per order NAFD. 1 . Prior to a Certificate of Occupancy being issued for any structures, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 1Bonds, in an amount to be determined by the Planning Board, shall be posted to ensu construction and/or completion-of ® site screenings erosion control, detention�onds or retaining w and any other pertinent 'publi.c amenities. These bon shall be in the form of a Tri- Party Agreement or passbook and shall be posted prior to the issuance of a building permit for this site. 16. Prior to a Certificate of Occupancy being issued for any structures, the site shall be reviewed by the Planning Board. Ana screening as may be reasonably required by the Planning Board shall be added at the owners expense. 1 . Prior to the Building Permit being issued for the structure _J and again prior to occupancy of the structure, the applicant shall receive a written determination from the Conservation Administrator that all work completed to date under the Conservation Department's jurisdiction is being satisfactorily performed and maintained. 18. Any Plants, Trees or Shrubs that have been incorporated into the Landscape Plan approved in this decision, that die 6 within one year from time of planting shall be replaced at the owner expense. owners 19 . The provisions of this approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 20. The material to be used in construction of the retaining wall shall be submitted to and approved by the Planning Staff prior to the building permit being issued for the construction of ' the proposed wall. English ivy shall also be planted at t ase of the wall, the recise spacing of the individual plantings shall be approved by a Town P anner. 2 . All lighting found within the site shall be down cast and shall not project into adjacent properties. Planning Board Staff shall approve lighting details prior to the issuance of a Permit to Build. 22 . All signs within the project shall be of wood, with uniform lettering and design. The signs shall in no way be interior illuminated. (Neon or other means) Each sign found on the building shall be of the same size and style. The intent herein is to create a uniform and attractive appearance. VPrior to the issuance of a Building Permit for the structure, the applicant shall temporarily tie the existing. building into sewer, and shall remove the existing septic system in accordance with the rules and regulations of the North Andover Board of Health. ? Any mechanical devices (ie: HVAC, vents, etc. . . ) placed on the roof shall not be visible from any surrounding roadways. 25. The facade of the proposed structure shall incorporate the use of clapboard in some manner. The extent and color of the clapboard shall be approved by the Town Planner prior to the issuance of a Building Permit for that structure. Color samples shall be submitted and included in the file. 26. This approval shall lapse unless construction has commenced within one (1) year from the closing of the appeal period for the granting of this Site Plan Review application. (the "commencement date") Further, all construction shall be completed within two (2) years from the commencement date. If the applicant can show good cause why construction has not commenced within the one (1) year period or why construction has not been completed within the two (2) year period, the Planning Board, in it's discretion, may extend these time periods as allowed by M.G.L. Chapter 40A, Section 9. The time provided herein shall not include such time as required to pursue or await the determination of an appeal referred to in M.G.L. Chapter 40A, Section 17. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief _ Fire Chief Applicant Engineer File Y tAORTy O��SLEO06 O b y rn 044TEO PPP 9SSAC HUS�� PLANNING DEPARTMENT Community Development Division TO: Gerald Brown,Inspector of Buildings FROM: Lincoln Daley,Town Planner CC: Zoning Board of Appeals RE: Angus Realty Corporation, 1077 Osgood Street Expansion of existing building and parking lot area DATE: October 10,2006 Gerry: I am in receipt of a Building Permit Application received 9/22/06 from Angus Realty Corporation for the expansion of the existing plaza building and the construction of 54 additional parking spaces on property located at 1077 Osgood Street. Below please find my preliminary review of the application. The purpose of this review is to provide initial comments and recommendations to the Zoning Board of Appeals to help expedite the permitting process. ➢ Site Plan Submission Materials: o The application states that the proposal includes 11,460 square feet of storage space. The Plans, however, only show 3,700 square feet of storage space(Sheet A-1). In previous discussions,the applicant had mentioned constructing a basement where additional storage might exist. Request that the applicant submit a complete set of site plans that include the 7,760 square feet of storage space in the basement. Further,the Building Department should inquire if the applicant intends to incorporate a second floor as part of the expansion for additional office space. If yes,request architectural details/floor plans for the second floor. o In addition the requirements under Section 8.3 Site Plan Review,the Planning Department will request the following as part of the formal site plan special permit application: ■ A revised landscape plan. ■ A formal traffic study. ■ A drainage and stormwater management study. ➢ Proposed Parking Lot Configuration and Circulation: o The proposed additional parking spaces were determined solely on the proposed uses of the expansion. Request that the applicant provide a breakdown of the entire plaza including current uses to determine the applicable parking requirements. This site was last reviewed in the late 80s early 90s,the uses may have changed or expanded since that time. We may discover that the current parking configuration and number of spaces is deficient to handle the current uses let alone the proposed expansion. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com o The applicant will need to provide information to support the inclusion of only 4 handicapped parking spaces for the proposal. o Both the Fire and Police Departments should be asked to review the submitted plans and provide comments regarding traffic circulation and access to the entire site to ensure that there is no nuisance or serious hazard to vehicle or pedestrians. ➢ Variances and Special Permits: Planning Board Public Hearings o In accordance with Section 8.3.2.a.ii of the Zoning Bylaw,the applicant will be required to file with the Planning Board for a Site Plan Review Special Permit to construct the addition to the existing building, parking lot area,and drainage structures. o In accordance with 4.136.3.c of Zoning Bylaw,the applicant will be required to file with the Planning Board for a Watershed Special Permit to construct the addition to the existing building, parking lot area, and drainage structures within the Non-Disturbance Zone. Before applying to the Planning Board,the applicant may require additional zoning relief from the Zoning Board of Appeals. (please see below) Zoning Board of Appeals Public Hearings: o The Zoning Board Review Form indicates the applicant will be required to file for a Variance from Section 7.5 Lot Coverage of the Zoning Bylaw. o The construction of the expansion, parking lot area, and retaining walls are located within the 250' Non-Disturbance Zone. It would also appear that the proposed expansion of the building is 25% or greater than the gross floor area of the existing structure. (The applicant will need to provide the gross floor area of the existing building and the proposed expansion.)In accordance with Section 4.136.3.c.iii(3),the construction of any new permanent structure, or expansion of an existing structure by 25%or more of the gross floor area of the existing structure IS PROHIBITED within the Non-Disturbance Buffer Zone. Unless the applicant demonstrates that the proposed expansion is less than 25%of the gross floor area of the existing building,the applicant will need to apply to the Zoning Board of Appeals for relief from this section. o It is unclear if a retaining wall(or walls)will be constructed as part of the proposal. The plans clearly show the proposed parking area with a wood guardrail around the southern perimeter within the Non-Disturbance Zone. If a retain wall will be constructed,the Building Department will need to determine if this constitutes a permanent structure. If the retaining wall is categorized as a permanent structure,the applicant will a variance from the Zoning Board of Appeals pursuant to Section 4.136.3.c.ii(3)for the construction of a new permanent structure within the Non-Disturbance Buffer Zone. Further, details of any/all retaining walls should be added to the site plans if applicable. If you have additional questions or concerns regarding the above preliminary site plan review,please do not hesitate to contact me. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com URBELIS&FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J.URBELIS Telephone 978-475-4552 e-mail tju@uf-law.com Telephone 617-338-2200 Telecopier617-338-0122 March 7, 2012 North Andover Planning Board Town of North Andover 1.600 Osgood Street North Andover, MA 01845. RE: David P. Keating v. North Andover Planning Board, et al. Appeals Court No. 2011-P-1873 Dear Members: The appeal in this case is to overturn the Superior Court ruling vacating the renewal of a special permit for wireless facilities which you granted to T-Mobile Northeast. On January 13 T-Mobile Northeast and I, on behalf of the Planning Board, filed briefs with the Massachusetts Appeals Court. The Plaintiffs had until February 13 to file their brief in response. I spoke with the Appeals Court clerk's office today and the clerk said that no such responsive brief had been filed by the Plaintiffs. Accordingly, the clerk informed me that if the Appeals Court schedules an oral argument, then the Plaintiffs would be precluded from making any oral argument. Very truly yours, Thomas J Urbelis TJU/kmp cc: Board of Selectmen Andrew Maylor Curt Bellavance Judy Tymon Gerald Brown w:\wp5l\work\n-andove\corresp\planning board.10.tryder.docx 3 y" Town of North Andover o, AO RTFI Office of the Planning Department 3? d•'. _ aL Community Development and Services Division 400 Osgood Street a*-°MM- North Andover,Massachusetts 01845 ldale -((�Lownofnorthandover.cotii Town Planner P (978)688-9535 Lincoln J.Daley F (978)688-9542 MEMORANDUM TO: Gerry Brown,Inspector of Buildings CC: Mark Rees,Town Manager Curt Bellavance, Community Development Director FROM: Lincoln Daley, Town Planner RE: Butcher Boy Market Place-Site Plan DATE: November 1,2005 Gerry: I am responding to your request for clarification on the two(2)refrigeration units located behind Butcher Boy Market Place and whether these units were allowed under the Site Plan Special Permit in the 1988 Settlement Decision and 1990 Planning Board Conditions of Settlement. Further, it is my understanding that an abutter, Frank Rangonese filed a complaint against the owner's of the Butcher Boy Market Place regarding the level of noise produced by the units and is seeking resolution of this issue. The statements below are based on information of record within the Planning Department and relate only to regulatory purview of the Planning Board and Department. According to the preliminary Site Plans dated 10/15/86, Revised 3/9/88,the refrigeration units consist of two(2) 10' x 60'trailers. The Final Approved Site Plans dated 10/15/86, Revised 10/22/91 do not contain this detail. Further,when examining the files of record involving this historically contentious project,there is no mention of structures utilized for refrigeration or reference to a maximum level of noise produced by such structures. The same finding applies to the Settlement Decision and Planning Board Conditions of Settlement.. The Section 8.3 of the Town Bylaw specifically addresses the construction of structures and the modification of site plans: 8.3 Site Plan Review 2. Developments Which Require Site Plan Review b) The following development(s)are exempt from Site Plan Review: i) Single family dwelling(s)and two family dwelling(s); ii) Small structures or additions which do not exceed two thousand(2,000)square feet of grossfloor loor area and do not require five(5)or more parking spaces, iii) Routine repairs and maintenance that do not exceed the provisions of Section (1)(c). The two units fall well below the 2,000 square foot requirement that would trigger a site plan special permit by the Planning Board. Section 8.3.8 of the Town Bylaw addresses revisions to an approved site plan. 8.3.8 Revisions to Approved Site Plan a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three (3)copies of the revised plan and the revisions placed on the plan fall into the following categories: i) A change of location and layout of any parking area(s), signs,storage or accessory buildings,provided that no Town Bylmvs are violated by the change; ii) The change in the proposed landscaping plan which does not violate any Town Bylaw; iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. b) The revisions cited above may be completed without further review by Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site improvements to be constructed and shown in the approved site plan. c) If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. (Section 8.3 rewritten and reorganized May 6, 1996 Annual Town Meeting, Article 20) I will let you make the final determination whether the 2 trailers constitute a building, structure or accessory use. One could argue,however,given the use of the 2 trailers is for refrigeration and storage of products and that the units have become permanent fixtures on the site,they could be considered accessory buildings/structures to the primary use as defined in Section 2 Definitions. Further,the records or plans do not indicate whether the units were intended be temporary or permanent. Under this determination,the units would be considered substantial and materially different to the approved site plan and require the applicant to file a modification to the Planning Board. Unfortunately,the noise produced falls outside the purview of the Planning Board and Department. I would suggest the that you involve the Health Department to determine if the level of noise produced poses a serious health concern to Mr. Rangonese. Sincerely, Lincoln Daley Town Planner HHIIH MIN TOWN OF NORTH ANDOVLic' � I1.1 ASS ACHUSETTS Np�iFl �, rl3t,v�� of HOII111 ee``''(1 7 r ,�a , 0 Any appeal ill be filed " s�c„us F� `tee (thin (20)days after the i date 0f filing of this NOtic- NOTICE OF DECISION An th Office of the Town Clark Date„1lugust 7,. 1990• . . • . • . . . • • • • . Date of Hearin July .26,. 1990. Petition of . Angus.Realty Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected 1077.Osgood Street Referring to the above petition for a special permit frol►l the recluii'elllellts of the . • . North Andover Zoning• Bylaw - Section4.135: Para 5C . . . . . . . . . . , , . , , . . . , , SO as to permitthe• . � . ,constructionofadetention pondwithin the Lake. Cochickewick Watershed District. . . . . . . . ♦ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . After a public hearing given oil the above elate, the I'lalltling Board voted Conditionally t0 Approve the Special Permit, . . . . . . . . • • • • • a • • • • ♦ • • • ♦ • • • • . . . • • • • . • • • . . • . . . • • . . . . . . • • • . . • . . bused upoll the following conditiorls : cc: Director of Public Works Signed Board of Public Works �C� G / IZl, 9$ Highway Surveyor ��� 9� .$eu ,•Jz.. .Cbai�cuan . . . . . . Building Inspector Board of Health John,Simons,. Clerk. . . . . . . . . . . . . . . Conservation Commission Assessors John Draper Police Chief . . • . . . . . . . • • . . • . . . . • . . . . . . . . . . . . Tire Chief Joseph Mahoney Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engineer Robert Ercolini Interested Parties . . . . . . . . :.:.....^. . . . . . . . . HMIR MIN TOWN OF NORTH ANDOVEli MASSACHUSETTS f 1 A P Any apped elmll be filed 's SAC/IU within (20) days after the date m filing of this NOUCe NOTICE OF D E C I S ION In the Office of the Tows Date„ ugust 7,• 1990. • , • . • • . • . • • • . Date of hearing •July .26,. 1990. . . Petition of Algus.Realty Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected 1077 Osgood Street Deferring to the above petition for a special permit from the requiremelits Of the North Andover Zoning. Bylaw•� •Section• 4.135: •Para 5C • . . • . . • . . • • • • • • • . . . . . . . . . . . . SO aS to per[Illtthey construction of, • • .adetention pondwithin the LakeCochickewick Watershed District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given ori the above elate, tiie PhIlliiirn6 Board ,voted Conditionally to Approve. . . . . . � . . . • • .the Special Permit • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bused upon the followillg Collditioiis : CC: Director of Public Works Signed Board of Public Works Highway Surveyor .RP-rD .'. . . . . . . Building Inspector Board of Health John.Simons,� Clerk. , . Conservation Commission Assessors John Draper Police Chief . . . . . . . . . . . . . . . . . . . . . . . Tire Chief Joseph Mahoney Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engineer Robert Ercolini Interested Parties . . . . . . . .o i.,..:.... * i i.:,; i . . . . • . TOWN OF NOItTII AN1) OVERMIOPM ,`j'`.- T4/ER HASSACHUSETTS SEP3 57 ' pORTN C O p Any appeal shall be filed within (2O) days after the SACHUS*" date of filing of this Notice in the Office of the Town NOTICE OF DECISION Clerk. Date. .SeLtember .27,. 1991. . . Date of Hearing , September,26: .1991 Petition of „Amus Realty Corp:. . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected „1077 Osgood, Street. . . . . . . . Referring to the above petition for a special permit from the requirements of the . ,North.Andover Zoning. Bylaws.� ,Section 8.36 - Modification to an Approved Site Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .the .�oQd� �c�.t�pn. of.r�duGtng .zh� . upkb . Qf. �tortes� . z4m .a .t~wp. story buiiding, o ,a ,one story. building; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted Conditionally to .Approive. . . . . . . . .the Ali E Plan. Np4flq-l�igrl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cc: Director of Public Works based upon the following conditions : Board of Public Works Highway Surveyor Building Inspector Board of Health Signed Assessors h. fimta. �. Conservation Commission George.D: Per ,a_ ,Jr.,,, Chairman/ Police Chief • • . . Fire Chief John Simons, Clerk Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engineer -John Draper File . . . . . . . . . . . . . . . . . . . . . . . . . . Interested Parties Joseph Mahoney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Richard Nardella WSN x,p. NELSON ' '' Town of 120 Main Street, 0.1845 ; :rotor. NORTH ANDOVER (508) 682-6483 LtUII.D]NG uivtSlON or CU:�SERti'ATION EiEALTti PLANNING & COMMUNITY DEVELOPMENT i PLANNING SPECIAL PERMS EXTENSION ' f ' At a regularly scheduled meeting of the Planning Board, duly posted ,'and held on October 5, 1993, the North Andover Planning Board voted 1 . unanimously to grant an extension of the Special Permit issued to Angus Realty Corporation for the construction of a one story facility located at .1077 Osgood Street, dated September 27, 1991. i This extension is granted pursuant to Massachusetts General Law, Chapter 40A, Section 9, and will extend the above referenced Special Permit for a period of one year. This permit is now due to expir9 on October 170 1994 . t Signed: as a sealed instrument this I_ day of Qcjcbw 1993 . W CA North; An er. Planning Boa - d :LG r Richard NardeIla,8hairman R ; COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. 1993 Then personally appeared Richard Nardella, chairman of the North Andover Planning Board, and acknowledged the foregoing instrument to be the free act and deed of..-the North Andover Planning Hoard before me. / I ,Notary Public My commission expires: . .� �. 1 1P C^ W � � �1 RECE, N '1 [� 1�j � �U 1 TOWN Oh N0ItIII AN D0VLItNORT. 1,i• - MASS ACuuSETTs SEP3 57P�� '91 ' NORTH O � Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town NOTICE OF DECISION Clerk. Date. . 1991• , , , . . . . . , . . Se tember 26: 1991 Date of Hearing �. . . . . . , , Petition of , .Angus Realty Corp; . . . , Osgood Premises affected „1077 . . . . . . . Street. . . . . , . . Referring to the above petition for a special permit from the reduirements of the , . North.Andover Zoninjg, Bylaws. .Section 8,.36. Modification •to an Approved Site Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . ,the.�ad� �, .t�pn. Pf. reducing .ahawnb�x. p . $ vxtes a . z4m .a .twp. story, buiidi}�g, o ,a ,one story. building; . , . , , . . . , , . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted Conditionally to .Approve. . . . . . . . .the A� E PlaP. NPdif ig4C!4il . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cc: Director of Public Works based upon the following coiiditions: Board of Public Works Highway Surveyor Building Inspector Board of Health Signed �. � /ftQ. Assessors /�q•� Conservation Commission George,D. •Per .a. •Jr.•,• Chairman, Police Chief Fire Chief John Simons, Clerk Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engineer John Draper File . . . . . . . . . . . . . . . . . . . . . . . . . . Interested Parties Joseph Mahoney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c , ANGUS REALTY CORP, BUTCHERBOY MALL 1077 OSGOOD STREET SITE PLAN REVIEW MODIFICATION, SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW. FINDINGS OF FACT: This modification to the original Site Plan Review approval is in effect reducing the height of the structure from two stories to one story. It is intended in this modification that in no way shall the applicant be allowed to construct a second story on this structure now or at any time in the future. The Planning Board makes the following findings regarding this Site Plan Review application as required by section 8 . 3 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to it' s location in Town. 2. Adequate vehicular and pedestrian access into the surrounding site has been provided. 3 . The landscaping plan as shown and revised, meets the requirements of section 8.4 of the Zoning Bylaws. 4. The site drainage system is designed in accordance with the Town Bylaw requirements. 5. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this proposal complies with the Town of North Andover Zoning Bylaw requirements as listed in section 8 . 35 with the addition of the following reasonable conditions. The Planning Board hereby grants a approval to the applicant provided the following conditions are met: CONDITIONS OF APPROVAL: 1. The following plans shall be deemed to be approved by this Site Plan Review modification: a. Plans entitled: SITE PLAN AND ELEVATIONS, PROPOSED BUTCHER BOY MALL OSGOOD STREET, NORTH ANDOVER, MA. Pages Included: L-1 AND A-5 Drawn By: MACLAREN ASSOCIATES Dated: 10/15/86 Final Revision: 8/29/91 The above referenced plans shall also include all revisions as noted herein. All plans shall be on 24" x 36" sheets. 2. The following information must be submitted to, and approved by, the Planning Staff prior to—the applicant receiving a Building Permit for either,:the wall or structure. Va:fdetailed wall cross sections and Plan describing methods of excavation and their limits. Comprehensive Wetland Replication Plan as required in the Order of Conditions issued by the NACC. Vc� Landscape planting plan. d,.- construction sequence and Erosion Control plan. ez. Wetland Flagging shall be check by a representative of the North Andover Conservation Commission prior to construction. 3 . The following information must be submitted to the Planning Staff prior to the applicant receiving a Certificate of Occupancy for any structure on this site: a. Progress reports of all work within the wetlands must be submitted every three months .from the date that construction commences on this site. 4� All drainage facilities including detention basins, shall be constructed and erosion controlled prior to the applicant receiving a Building Permit for the structure. If this is found to be inappropriate due to phasing of construction activities, then a bond in the amount of Q ZaJUPshall be posted with the Planning Board to ensure proper adherence to this condition. Upon issuance of a Certificate of Occupancy for the proposed new construction the applicant shall have sixty (60) day in which to complete all demolition of the existing building and appropriate site work as shown on the approved plans. The $20, 000 bond shall be released i upon combletion of the demo 1 ion of he existing structure �,d dii appropriate site work. 5. An as-built plan and profile shall be submitted for review and approval prior to the granting of an Occupancy Permit. A certified interim as-built verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. 6. All Planning Board Order of Conditions are to be placed upon the recorded Final Plans, ( Cover Sheet ) prior to ,6-� '/P_c c{Q� endorsement and filing with the Registry of Deeds. 7. Throughout all lands, tree cutting shall be kept to a minimum in order to minimize erosion and preserve the = natural features of the site. Accordingly, the developer in conjunction with a registered Landscape Architect, shall submit a tree cutting and reforestation plan consistent with the provisions of Section 5.8 of the North Andover Zoning j . Bylaws, to be approved by the Planning Staff prior to the t applicant receiving a Building Permit for either the wall or structure. This plan shall explicitly include specific trees to be retained. 8. The contractor shall contact Dig Safe at least 72 hours F prior to commencing any excavation. ' . 9. Gas, Telephone, Cable and Electric utilities shall be F installed as specified by the respective utility companies. j 10. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during road construction. 11. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. r 12 . No underground fuel storage shall be installed except as may be allowed by Town Regulations. 13 . All buildings shall have commercial fire sprinklers installed prior to the issuance of the Certificate of Occupancy, per order NAFD. 1 . Prior to a Certificate of Occupancy being issued for any structures, this site shall. have received all necessary permits and approvals from the North Andover Board of Health. 15� Bonds, in an amount to be determined by the Planning Board, shall be posted to ens ur construction and/or completion of site screenin erosion control, detention onds or retaining w and any other pertinent "public amenities. These bon shall be in the form of a Tri- Party Agreement or passbook and shall be posted prior to the issuance of a building permit for this site. 16. Prior to a Certificate of Occupancy being issued for any structures, the site shall be reviewed by the Planning Board. Any screening as may be reasonably required by the Planning Board shall be added at the owners expense. 1 Prior to the Building Permit being issued for the structure and again prior to occupancy of the structure, the applicant shall receive a written determination from the Conservation Administrator that all work completed to date under the Conservation Department's jurisdiction is being satisfactorily performed and maintained. 18. Any Plants, Trees or Shrubs that have been incorporated into the Landscape Plan approved in this decision, that die 6 within one year from time of planting shall be replaced at the owner xeser pense. 19. The provisions of this approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 20. The material to be used in construction of the retaining wall shall be submitted to and approved by the Planning Staff prior to the building permit being issued for the construction of the proposed wall. English ivy shall also be planted at the base of the wall, therecise spacing of the individual plantings shall be approved by a Town P anner. 2 All lighting found within the site shall be down cast and shall not project into adjacent properties. Planning Board Staff shall approve lighting details prior to the issuance of a Permit to Build. 22 . All signs within the project shall be of wood, with uniform Gj lettering and design. The signs shall in no way be interior illuminated. (Neon or other means) Each sign found on the building shall be of the same size and style. The intent herein is to create a uniform and attractive appearance. Prior to the issuance of a Building Permit for the structure, the applicant shall temporarily tie the existing building into sewer, and shall remove the existing septic system in accordance with the rules and regulations of the North Andover Board of Health. Any mechanical devices (ie: HVAC, vents, etc. . . ) placed on the roof shall not be visible from any surrounding roadways. 25. The facade of the proposed structure shall incorporate the use of clapboard in some manner. The extent and color of the clapboard shall be approved by the Town Planner prior to the issuance of a Building Permit for that structure. Color samples shall be submitted and included in the file. 26. This approval shall lapse unless construction has commenced within one (1) year from the closing of the appeal period for the granting of this Site Plan Review application. (the "commencement date") Further, all construction shall be completed within two (2) years from the commencement date. If the applicant can show good cause why construction has not commenced within the one (1) year period or why construction has not been completed within the two (2) year period, the Planning Board, in it's discretion, may extend these time periods as allowed by M.G.L. Chapter 40A, Section 9. The time provided herein shall not include such time as required to pursue or await the determination of an appeal referred to in M.G.L. Chapter 40A, Section 17. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File Commonwealth of Massachusetts City/Town of No andover LT E ��VIEDSystem Pumping RecordForm 4 °r X012DEP has provided this form for use by local Boards of Health. Ot ? t M the information must be substantially the same as that provided here .. RMi�7Fm ch ck with your local Board of Health to determine the form they use. The System Pumping Record mus submitted to the local Board of Health or other approving authority within 14 days from the pumping date in accordance with 310 CMR 15.351. A. Facility Information Important:When filling out forms 1. System Location: on the computer, Ir use only the tab key to move your Address cursor-do not No Andover Ma 01845 use the return key. City/Town State Zip Code 2. System Owner: Name mann Address(if different from location) City/Town State Zip Code Telephone Number B. Pumping Record 1. Date of Pumping Dae Quantity Pumped: ons 3. Type of system: ❑ Cesspool(s) ❑ Septic Tank ❑ Tight Tank Grease Trap ❑ Other(describe): 4. Effluent Tee Filter present? ❑ Yes ❑ No If yes, was it cleaned? ❑ Yes ❑ No 5. Condition of System: �t I tieb 6. S em Pumped By: n I C P L111 N Vehicle License Number Stewart's Septic Service Company 7. Location where contents were disposed: tewart's Pre-treatment Plant, 20 So. Mill Bradford, Ma 01835 ignature of Hauler Date - I Signature of Receivin5 Facility Da t5form4.doc•03/06 System Pumping Record•Page 1 of 1 14A 110J- 1viaassachuseas rY, n RECE A)O,(4 AnbVLA mnfti2 Record a c%, alomaljon: JrOM Jocatiol-I Oj pul--,Ip) tate ---------------------------------------------------- an WIly age rap 46E3 i Commonwealth of Massachusetts W City/Town of North Andover System Pumping Record Form 4 �M DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with your local Board of Health to determine the form they use. The System Pumping Record must be submitted to the local Board of Health or other approving authority within 14 days from the pumping date in accordance with 310 CMR 15.351. A. Facility Information Important: JUN _i )`U011 When filling out 1. System Location: U forms on the computer,use 1077 Osgood St TOWN OF NORTH ANDOVER I only the tab key Address HEALTH DEPARTMENT to move your North Andover Ma 01845 cursor-do not Cityrrown State Zip Code use the return key. 2 System Owner: CBucher Boy Name 'eh07 Address(if different from location) City/Town State Zip Code Telephone Number B. Pumping Record 1. Date of Pumping 5/4/ Gallons 11 2Date . Quantity Pumped: 2500 3. Type of system: ❑ Cesspool(s) ❑ Septic Tank ❑ Tight Tank ® Grease Trap ❑ Other(describe): 4. Effluent Tee Filter present? ❑ Yes ❑ No If yes, was it cleaned? ❑ Yes ❑ No 5. Condition of System: Good Condition 6. System Pumped By: Raymond Sanzo Name Vehicle License Number Stewart's Septic Service Company 7. Location ere ontents were disposed: Stew 's P - reatment Plant, 20 So. Mill Bradford, Ma 01835 Sign ler 54LIq Date i Signature of Receiving Faci V Date I t5form4.doc•03/06 System Pumping Record•Page 1 of 1 Commonwealth of Massachusetts R E 6 IE VkWir W City/Town of North Andover System Pumping Record Form 4 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with your local Board of Health to determine the form they use. The System Pumping Record must be submitted to the local Board of Health or other approving authority within 14 days from the pumping date in accordance with 310 CMR 15.351. A. Facility Information Important: When filling out 1. System Location: /J forms on the computer, use only the tab key Address to move your North Anover Ma 01810 cursor-do not Cityrrown State Zip Code use the return key. 2. System Owner: rab 1—✓✓✓) Name Address(if different from location) City/Town State Zip Code Telephone Number B. Pumping Record 1. Date of Pumping . p g 2uantit Date Quantity Pumped: Gallons 3. Type of system: ❑ Cesspool(s) iY 3'ep iic Tank ❑ Tight Tank �reaseTrap ❑ Other(describe): 4. Effluent Tee Filter present? ❑ Yes ❑ No If yes, was it cleaned? ❑ Yes ❑ No 5. Condition of System: 6. stem Pumped By-'A A*1 )C P U P, I Vehicle License Number Stewart's Septic Service Company 7. Location where contents were disposed: Stewart's Pre-treatm t ant, 20 So. MilhBrodford, Ma 01835 U44A Jq- ) / Sl na ure of Ha Date Signature of Recei Date t5form4.doc•03/06 System Pumping Record•Page 1 of 1 Form.5 OEOE File No. 242-493 (Tobe provided by OEOE► Commonwealth City/Town North Andover, MA r, = of Massachusetts Amgis Realty Trust Applicant (Butcher Boy Mall) 1077 Osgood Street Order of Conditions Massachusetts Wetlands Protection Act G.L. C'. 1 :31 , W . . and under the Town of North Andover's Town Bylaw, Chapter '3.5 A&B From NORTH ANDOVER CONSERVAITON COMMISSION Angus Realty Corporation Angus Realty Trust Corporation To (Name of Applicant) (Name of property owner) 1077 Osgood Street 1077 Osgood Street Address North Andover, MA Address North Andover, MA This Order is issued and delivered as follows: Q2 r iv ] date W% by hand delivery h applicant•r.represe stat a•r (date) ❑ by certified mail, return receipt requested on (date) This project is located at 1077 Osgood Street, North Andover The property is recorded at the Registry of Essex 912 443 Book 1787 Page 270 Certificate(if registered) The Notice of Intent for this project was filed on February 7, 1989 (date) The public hearing was closed on March 1, 1989 (date) Findings The North Andover Conservation Commission has reviewed the above-referenced Notice of Intent and plans and has held a public bearing ort the project. Based on the information available to the NACC at this lime, the NACC has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations and precedent and practice under this Towns ByLaw for each area subject to protection under the Act and ByLaw: [1] Public water supply ❑ . Flood control ❑ Land containing shellfish Private water supply ©. Sloan damage p►evention E. Fisheries Ground water supply ❑ Prevention of pollution Protection of wildlife habitat 5-1 • . frlfnr:tivn �i/�/E17 Commonwealth of Massachusetts w City/Town of No.Andover System Pumping Record �M Syey`ev Form 4 DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with your local Board of Health to determine the form they use. The System Pumping Record must be submitted to the local Board of Health or other approving authority within 14 days from the pumping date in accordance with 310 CMR 15.351. A. Facility Information RECEIVED When filling out 1. System Location: forms on the 77 MaGod O computer, use W it 1 U N 1 Z only the tab key Address to move your No Andover Ma TOWN OF NORTH ANDOV15R cursor-do not HEA.LTH DEPARTMENT use the return City/Town State key. 2 System Owner: &� Name Address(if different from location) City/Town State Zip Code Telephone Number B. Pumping Record nnll 1. Date of Pumping Date �1 DfL2. Quantity Pumped: V Gallons 3. Type of system: ❑ Cesspool(s) Oeptic Tank ❑ Tight Tank /Grease Trap ❑ Other(describe): 4. Effluent Tee Filter present? ❑ Yes ❑ No If yes, was it cleaned? ❑ Yes ❑ No 5. Condition of System: 6. System Pumped By: (bCU62 Merf I I jl Name Vehicle License Number Stewart's Septic Service Company 7. Location where contents were disposed: tewart's Pre-treatment Plant, 20 So. Mill Bradford, Ma 01835 ignat re of Hauler Date Si eceiving Fa lity Date t5form4.doc•03/06 System Pumping Record•Page 1 of 1 _C_\ Commonwealth of Massachusetts _ 0, W City/Town of North Andover System Pumping Record OCT 18 Q11 Form 4 1A. Spey`' TOWN OF �singis DEP has provided this form for use by local Boards of Heall. CB ivniod, but the information must be substantially the same as that provided here. Be om, check with your local Board of Health to determine the form they use. The System Pumping Record must be submitted to the local Board of Health or other approving authority within 14 days from the pumping date in accordance with 310 CMR 15.351. A. Facility Information Important: When filling out 1. System Location: forms on the 7? computer, use / C) 0 only the tab key Address to move your No.Andover ma 01845 cursor-do not use the return City/Town State Zip Code key. 2 System Owner' Name x"07 Address(if different from location) City/Town State Zip Code Telephone Number B. Pumping Record 1. Date of Pumping Date / 2. Quantity Pumped: Gallons 3. Type of system: ❑ Cesspool(s) ❑ Septic Tank ❑ Tight Tanke Trap ❑ Other(describe): 4. Effluent Tee Filter present? ❑ Yes ❑ No If yes, was it cleaned? ❑ Yes ❑ No 5. Condition of System: n - 4 0�1 6. S stem Pumped By: Q f Name Vehicle License Number Stewart's Septic Service Company 7. Location where contents were disposed: wart's Pre-treatment Plant, 20 So. Mill Bradford, Ma 01835 6ihignature of Hauler Date Signature of Rec ving Facility Date t5form4.doce 03/06 System Pumping Record a Page 1 of 1 OF NOR1' IT A. NDOVTR TO;"� �' r�� ASSAC1.1USL '1' TS NOt I F' 'i` '( [ MAY 4 AN '8"Vl O"NORTH ,I R `7 fY � 1 H O _ L � P t r 5 ,SS1CHt75E'l1 NOTICE OF DECISION Date. . .May 20, .1985.. . . . . . . . . . . . . . March 18, 1985 . Date of heLrin gpril ��; • 1985• . Petition of Angus Realty Trust,: Kenneth Yameen Premises "lffecled 1077 Osgood Street, North Andover Itcfcr> int to the alcove petition for a special hermit from the requiremen of the . .North.Ando.yer i,r1q.Bylaw,_Section .4...1.33(d) . . . . . . . . SO as to permit . , CgrjFtryetipn• within •250 feet of Lake Cochichewick After a public hearin f riven on .the above date, t le Planning- Board vot to lie Application without prejudice for want of jurisdiction based 11poll the follownll;' conclilion;; : see attached Sif�ned c- Michael P. Roberts, Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Paul A. Hedstrom, Vice Chais w,an John A. James,Jr. ,Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John J . Burke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Erich W. N itzsche 1)!,a.lning P oarcj . . . . . . .