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HomeMy WebLinkAboutMiscellaneous - 21 HIGH STREET 4/30/2018 (6)m PUBLIC HEARING NOTICE NORTH ANDOVER PLANNING BOARD Bldg. ZBA Con/Com Health Fire Chief Police Chief Town Cl rk DPW/Engineers y _ 2u�aece�x-�� In accordance with the provisions of M.G.L. Chapter 40A, Section 9, and Section 11 of the North Andover Zoning Bylaw, the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for a Preliminary Plan Approval for Planned 'E o Development District Special Permit under Section 11.3 m of the North Andover Zoning Bylaw for the first phase of c 1ella, a multi -phased mixed-use redevelopment known as a East Mill for a conversion of a total of 35,OQ0 s.f. of existing vacant office space into 15,000 s.f.' of retail Z a space, and a total of twenty 1 -and 2 -bedroom loft -style U Q apartments, all of which is located within the Industrial m:, o S (I -S) zoning district. Applicant/Petitioner: RCG North Andover Mills LLC 17 Ivaloo Street, Somerville, MA 02143 Address of Premises Affected 21,,1 igh Street (located on the east side of High Street at the comer of High and Water Streets, and formerly known as One High Street) Assessors Maps and Lots: Map 069.0, Lot 0001-0000.0 Map 068. 0, Lot 0010-0000.0 Public Hearing Date & Time Tuesday, July 17, 2007 @ 7:00 PM. Location of Public Hearing Town Hall, 120 Main Street, 2ndfloor conference room. Information Available A copy of the plan and application is on file in the Planning Board office at 1600 Osgood Street, North Andover, MA, and may be inspected Monday through Friday 8:30 a.m. to 4:30 p.m. Any person interested or wishin ca :W.7. roc aa"ti6�om°t. msa o .T o a� c o . Z,� iono.y.�+cop' m ,tn``$o o i .Z W �.� .o > 3 o m i �c - o m m- c o= C �� o o•�� c �' m -oma- Q m u ,�yCf:crD moo Eoocv�.s<IN E ,009 �Z m Q m o macE c m o. c o.m.o�� ,�o :: ZZ o .o FL, W n.c m :o o A. H. 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Date: May 21, 2008 Date of Hearings: 2/6/08,3/4/085 4/15/08 and 5/6/08 Date of Decision: May 20; 2008 Application of: RCG North Andover Mills LLC c/o R'CG, LLC 17 Ivaloo Street, Suite 100 Somerville, Massachusetts 02143 Premises Affected:High Street, North Andover, MA 01845,.within the Industrial S Zoning strict, Assessors Map 69, Parcel 1, and Map 68, Parcel 10. Referring to the above Application for Planned Development District Special Permit under the requirements of the North Andover Zoning Bylaw, Sections 11, 10.3, and :10.31 and MGL C.40A, Sec. 9 so as to allow for the construction of Phase ILA of a mixed-use redevelopment which includes the renovation and conversion of approximately 65,000 s-fof existing vacant space to fifty (50) residential one & two bedroom units, the conversion of other space within the existing building to commercial uses, expansion of surface parking to add 149 new parking spaces, landscape and access improvements, drainage and stormwater management improvements, and other improvements as described in the "Plans" cited below. .,4 After a public hearing given on the above date, the Planning Board voted unanimously.to APPROVE A PLANNED,DEVELOPMENT DISTRICT SPECLAL PERMIT based upon the following conditions: � 4 on 6 - if o f North Andover Planning Board John Simons, Chairman Alberto Angles, Vice Chairman Jennifer Kusek, Clerk Richard. Rowen Richard Nardella Tim Seibert, Alternate AUG Z 140 BOARD OF APPEALS RCG North Andover Mills, LLC. — Phase II.A Special Permit - Planned Development District Conditional Approval On •January 15, 2008, the Planning Board approved the Preliminary Planned Development District Special Permit for the second phase (Phase II) of the multi -phased, mixed-use development which included: (a) the redevelopment and conversion of 65,000 s.f. of existing buildings to 50 1- and 2 - bedroom apartments to be located on the ground floor of Building No. 3A, and upper floors of Buildings 1, 1A, 3, 3A; and..3.2, with an address of 120 Water Street; (b) renovation of 50,000 s.f of existing space for commercial uses allowed in the Planned Development District; (c) construction of new parking spaces .to support the proposed uses; (d) construction of 39 -unit residential building located adjacent to the existing mill pond; (e) construction of 98 new one- and two-bedroom residential units proposed to be located on and adjacent to the existing structured parking garage; and, (f) streetscape and associated improvements to the parking areas and landscaping. This Decision relates solely to items (a), (b), and (c) of Phase. II ("phase II.A."). The Planning Board also makes findings under Section 11.2 of the Zoning Bylaw that Phase II.A of this PDD is in harmony with the general purpose and intent of the Bylaw, including Sections 11.2 and 10.3, and that the PDD provides for a mixture of land usage at designated locations at greater density and intensity than would normally be allowed. In particular, the Planning Board finds that this project: 1. Does not detract from the livability and aesthetic qualities of the environment.. The project will provide for a mixture and diversity of retail,. residential and other uses which will enhance the livability and aesthetic qualities of the Machine Shop Village and other neighboring downtown areas. Further, the project will preserve the existing architectural style of the mill buildings. 2. 'The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw. The proposed uses are permitted under the PDD provisions of the Zoning Bylaw, and will serve to provide a mix of uses consistent with the Town's objectives in the Machine Shop Village area. The project will return a portion of a.largely vacant and underutilized property back into productive use. Further, the proposed uses willfurther provide for pedestrian amenities to complement the surrounding uses. The project will enhance the aesthetics of the property with new streetscape amenities, landscaping, and screening. 3. Promotes more efficient use of land while protecting natural resources, such as water resources, wetlands, floodplains and wildlife. Phase II.A of the project includes the renovation of existing .buildings and will have no impact on the natural environment. 4. Promotes a diversity of housing opportunities at a variety of costs within North Andover's downtown. SPECIAL CONDITIONS: Finally, the Planning Board finds that the Planned Development District complies with Town Bylaw requirements so long as the applicant complies with the following conditions: 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. The Environmental Monitor shall make inspections as . determined necessary by the Town Planner to assure compliance with this decision. The monitor shall meet with the Town Planner at 3 RCG North Andover Mills, LLC. -Phase II.A Special Permit - Planned Development District Conditional Approval i. An existing conditions survey entitled "ALTA/ACSM Land Title Survey, Water St. and High St., North Andover, MA," dated January 8, 2007, prepared by Coneco, Engineer, Scientists, and Land Surveyors, 4 First Street, Bridgewater, MA, 02324; ii. Set of definitive plans, consisting of nine (9) sheets, entitled "Submission of Definitive Plan Phase 71A, East Mill, High Street, North Andover, MA," dated May 15, 2008, prepared by Design. Consultants, Inc., 265 Medford Street, Somerville, MA 02143; iii. A set of residential unit plans, consisting of five (5) sheets, entitled "North Andover Mills, dated January 10, 2008, prepared by Khalsa Design, Inc., including: Second Floor Plan, Bldg. 3 (Dwg. A-102), Third Floor Plan , Bldg. 3: (Dwg. No. A-103), Fourth Floor Plan, Bldg. 3 (Dwg. No. A-104), and Fifth Floor Plan, Bldg. 3 (Dwg. No. A-105); and . iv. A roadway and landscaping plan entitled "Landscape Plan —East Mill, Phase lI.A" consisting of three (3) sheets (L1.0, L2.0 and L.3.0), dated May 15, 2008, prepared by LandWorks Studio, Inc.; 5. Recording of Decision and Plans: Prior to the issuance of a Building. Permit, a copy of this Decision, including the Phased Development Schedule attached hereto, shall be recorded with the Final Plans, and one certified copy of the recorded decision and Final Plans. must be submitted to the Planning Department. 6. Prior to the Start of Construction: . a. A pre -construction meeting shall be held with the applicant, Town Planner, Director of Engineering from the Department of Public Works, Building Inspector, and the designated Environmental Monitor and Construction Monitor as listed in Special Conditions #.1 and #2. The purpose of this meeting will be to review the phasing of the development. The applicant will also discuss the traffic mitigation and any possible road closures and/or traffic mitigation which may occur as a result of the installation. b. 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. 7. Throughout and During Construction: a. Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner, throughout the construction process. b. Street sweeping must be performed, at least once per month, throughout the construction process, or more frequently as directed by the Town Planner. c. Hours .of operation during construction are Iimited from 7 a.m. to. 7 pm., Monday through Friday and 8 a.m. — 5 p.m. on Saturdays. 8. Prior to the issuance of a Building Permit: a. A Performance Guarantee in an amount to be determined by the Planning Board, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional RCG North Andover Mills, LLC. — Phase II.A Special Permit - Planned Development District Conditional Approval . above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 10. Prior to final release of security: a. The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant'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 and reviewed by the Planning Staff and the Division of Public Works. 11. If applicable, tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13. Gas, Telephone, Cable and Electric utilities shall be installed underground as . specified by the respective utility companies. 14. The Applicant has filed with the Planning Office anOpen Space Plan along with a form of Conservation Restriction encompassing an area meeting the Usable Open Space requirements under Section 11.5 of the Zoning Bylaw. Such Conservation Restriction shall be executed by the Applicant and held by the Planning Board in escrow until such time as the improvements proposed on the Property (including those .improvements related to Phase I, Phase H, and such other phases approved by. the Planning Board) are substantially completed, and the final terms of the Conservation Restriction are satisfactorily agreed upon by the Applicant and Planning Board prior to the recording of the same. 15. This special permit approval shall be deemed to have lapsed after May 20, 2010 (two years from the date permit granted) unless substantial construction of roadway and utilities has commenced. 16. The provisions of the Special Permit shall apply to and be binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control. 17. The developer shall implement and follow all requirements set forth in this decision (Special Conditions 1-14), the plans and reports referenced below and previousdecisions issued by Planning Board for Phase I of this project. Failure to comply with all requirements therein and the conditions of this approval shall be the basis for the Planning Board, voting by majority vote, to stop all site work and construction until defects on the site are corrected and the development is put back into plan compliance. Plan compliance will be solely determined by a majority vote of the Planning Board based upon the developers written comments and the conditions contained herein. 18. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination by the Board whether such changes would merit a public meeting or hearing and/or Special Permit modification. 19. The following materials and plans are included as part of this decision: 7 Exhibit A Town of North Andover Office of the Planning Department Community Development and Services Division 1600 Osgood Street "Ssa�►+us�` North Andover, Massachusetts 01845 NOTICE OF PHASED DEVELOPMENT SCHEDULE — 2007-2011 Application of: RCG North Andover Mills LLC 17 Ivaloo Street Somerville, Massachusetts 02143 Premises Affected: East Mill — Phases I and 'ILA, 120 Water Street, North Andover, MA, within the Industrial S Zoning District as modified pursuant to the Planned .Development District Zoning Bylaw (Section 11) Special Permit, Assessors Map 69, Lot 1 and Map 68, Lot 1. Referring to the requirements of the North Andover Zoning . Bylaw, Section 4.2 of the North Andover Zoning Bylaw (Phased Development Bylaw), this form represents the schedule for allowing the following dwelling units to be considered eligible for building permits under the Town of North Andover Phased Development Bylaw (Section 4.2 of the North Andover Zoning Bylaw). Pursuant to Section 4.2, this Phased Development Schedule must be recorded with the Planned Development District Special Permit Decision with the Town Clerk, and no building permits for residential units shall be issued pursuant to this schedule until the Applicant records the approval Decision with the -Phased Development Schedule at the Essex North District Registry of Deeds. The Planning Board, by its signature or by the signature of a duly authorized representative below, does hereby establish for East Mill — Phases 1(20 Units)and IIIA. (50 Units), the above -referenced development schedule that Iimits the number of building permits that can be issued for the residential units as part of the East Mill -Phase I and Phase ILA Projects approved as part of the Planned Development District Special Permits issued pursuant to Section 11 of the North Andover Zoning Bylaw. The Applicant, its successors and assigns shall conform to the following schedule that limited the number of residential units eligible for building permits for the years identified below. Total Residential Units Number of Units for Which Number of. Units for — Phases I and 11A Building Permits Can Be . Which Building Permits Lssued in Calendar Year Can Be Issued in 2007 Calendar Year 2008 70 14 14 Total Residential Units Number of Units for Which Number of Units for — Phase II.A Building Permits Can Be Which Building Permits Issued in Calendar Year Can Be Issued in 2009 Calendar Year 2010 14 14 Number of Units for Which Building Permits Can Be Issued in Calendar Year 2011 14 Total 70 Units Town of North Andover T' .f f Office of the Planning Departmeif f OB MP Y 2 PST [1: 22 Community Development and Services Division 1600 Osgood Street North AndoverOSl T7 T Massachusetts 01845 P i �, u ;� , ,�, r, `� Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. NOTICE OF DECISION Date: May 21, 2008 Date of Hearing: 2/6/08, 3/4/08, 4/15/08 and 5/6/08 Date of Decision: May 20, 2008 Application of. RCG North Andover Mills LLC c/o RCG, LLC 17 Ivaloo Street, Suite 100 Somerville, Massachusetts 02143 Premises Affected: 21 High Street, North Andover, MA 01845, within: -the Industrial S Zoning District, Assessors Map 69, Parcel 1, and Map 68, Parcel 10. Referring to the above Application for a Site Plan Review 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 for the construction of Phase I1.A of a mixed-use redevelopment which includes the renovation- and conversion of approximately 65,000 s.fof existing vacant space to fifty .(50) residential one & two bedroom units, the conversion of other space within the existing building to commercial uses, expansion of surface parking to add 149 new parking spaces, landscape and access improvements, drainage and stormwater management improvements, and other improvements as described in the "Plans" cited below After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE a SIVE PLAN SPECIAL PERMIT based upon the following conditions: b 6 ��tof North Andover P nuing Board John Simons, Chairman Alberto Angles, Vice Chairman Jennifer Kusek, Clerk Richard Rowen Richard Nardella Tim Seibert, Alternate RCG North. Andover Mills, LLC.,:— Phase II.A Site Plan Review Special Permit Conditional Approval May 20, 2008 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use and the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will provide for municipal water, sewer and utilities on the property to adequately address the needs of the project. Finally the Planning Board finds that this project complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3, 10.3 and 10.31 but requires conditions in order to be fully in compliance. The Planning Board hereby unanirnously votes to both grant the requested waivers as described in the Applicant's application, and also unanimously votes to grant approval of the AppIicant's proposed project as .described in the "Plans" and other supporting information described in the public record, provided the following conditions are met: SPECIAL CONDITIONS: 1. Permit Definitions: a. The "Locus" refers to the 986,867 s.f. of land with frontage on High Street and Water Street, as shown on Assessors Map 99, Parcel 1, and Map 68, Parcel 10, and also known as 21 High Street and 120 Water Street, North Andover, Massachusetts. b. The "Plans" refer to the plans as follows: 1. An existing conditions survey entitled "ALTA/ACSM Land Title Survey, Water St. and High St., North Andover, MA," dated January 8, 2007, prepared by Coneco, Engineer, Scientists, and Land Surveyors, 4 First Street, Bridgewater, MA, 02324; 2. Set of definitive plans, consisting of nine (9) sheets, entitled "Submission of Definitive Plan Phase IIA, East Mill, High Street, North Andover, MA," dated May 15, 2008, prepared by Design Consultants, Inc., 265 Medford Street, Somerville, MA 02143; 3. A set of residential unit plans, consisting of five (5) sheets; entitled "North Andover Mills," dated January 10, 2008, prepared by Khalsa Design, Inc., including: Second Floor Plan , Bldg. 3 (Dwg. A-102), Third Floor Plan , Bldg. 3 (Dwg. No. A-103), Fourth Floor Plan , Bldg. 3 (Dwg. No. A-104), and Fifth Floor Plan, Bldg. 3 (Dwg. No. A-105); and 4. A roadway and landscaping plan entitled "Landscape Plan — East Mill, Phase H.A" consisting of three (3) sheets (L1.0, L2.0 and L.3.0), dated May 15, 2008, prepared by LandWorks Studio, Inc. c. The "Project" or "East Mill - Phase II.A" refers to the renovation and conversion of approximately 65,000 s.f of existing vacant space to fifty (50) residential one & two bedroom units, the conversion of other space within the existing building to commercial uses, expansion of surface parking to add 149 new parking spaces, landscape and access improvements, drainage and stormwater management improvements, and other improvements as stated in the Plans; d. The "Applicant" refers to RCG North Andover Mills LLC, the applicant for the Special Permit. e. 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. 3 RCG North Andover Mills, LLC. — Phase II.A Site Plan Review Special Permit Conditional Approval May 20, 2008 5. 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. A pre -construction meeting must be held with the developer, their construction employees, Planning Department, Building Department, Town Engineer, and Police Department to discuss scheduling of inspections, the construction schedule, and the process/method of informing the public of the anticipated activities on the site. The applicant will also discuss the traffic mitigation and any possible road closures, which may occur as a result of the construction. The applicant will coordinate with the North Andover Police Department if the construction of the project necessitates Police traffic details. Minutes of the meeting must be submitted to the Planning Board prior to the start of construction. e. The developer shall provide the Planning Board with copies of permits, plans and decisions received from all other North Andover Land -Use Boards or departments. In addition to receipt of these plans, the Applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans. 6. PRIOR TO TBE ISSUANCE OF A BUILDING PERMIT: a. Three (3) copies of the signed, recorded plaris must be delivered to the Planning Department. b. One certified copy of the recorded decision must be submitted to the Planning Department. c. The project owner shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a residential and/or commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval, if required, by the North Andover Fire Department. Plans and hydraulic calculations for each residential and/or commercial system must also be supplied to the Building Department. d. The applicant, its employees, successors or assigns, shall be obligated to become a participating member of the Merrimack Valley Transportation Management Association (MVTMA), subject to payment of all dues and other obligations of membership and such membership shall apply to all phases of this project. The applicant, its successors or assigns, shall remain a member for a 5 RCG North Andover Mills, LLC. — Phase H.A. Site Plan Review Special Permit Conditional Approval May 20, 2008 the Planning:Board. All site lighting shall provide security for the site and structures, however, it must not create any glare or project any light onto adjacent residential properties. c. The residential and/or commercial fire sprinkler systems must be. installed in:4accordance with referenced standard NFPA 13D and in accordance with 780 CMR, `Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The Applicant must then provide this certification to the North Andover Planning Department. d. Any and all signage plans for the site, which have been provided to the Planning Board during the site plan review process, were presented for the purpose of demonstrating signage materials only. Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw, as amended, and must be approved by the Building Department. In no way is the Project Owner to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. All additional permits must be obtained by the Project Owner prior to construction. 9. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS a. The Planning Staff shall review the site. Any additional screening or bufferingmeasures as may be reasonably required by the Planning Staff will be added at the Project Owners expense. b. A final as -built plan showing final topography, the location of all on-site utilities, structures, curb cuts, parking spaces, and drainage structures and facilities must be submitted to the Planning Department. The Applicant must submit a letter from the architect and engineer of the project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 10. All site work and external construction activity shall be Iimited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 11. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die shall be replaced immediately by the owner (if seasonally feasible). All plantings and screening depicted on the approved plans shall remain in perpetuity over the life of the project. Reasonable substitutions may be allowed as determined by the Town Planner, but size and coverage must be maintained throughout the duration of the project. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 14. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 15. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 7 Town of North. Andover `Yfl;� Office of the Planning Depari n Community Development and Servlces Visi n F 3 1600 Osgood Street i r North Andover, Massachusetts 01845 �€0'"Tr' r;'M� , '- NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: May 21, 2008 Date of. Hearings: 2/6/08, 3/4/08, 4/15/08 and 5/6/08 Date of Decision: May 20, 2008 Application of: RCG North Andover Mills LLC c/o RCG, LLC 17 Ivaloo Street, Suite 100 Somerville, Massachusetts 02143 Premises Affected: High Street, North Andover, MA 01845,.within the Industrial S Zoning %llistrict, Assessors Map 69, Parcel 1, and Map 68, Parcel 10. Referring to the above Application for Planned Development District Special Permit under the requirements of the North Andover Zoning Bylaw, Sections 11, 10.3, and .10.31 and MGL C.40A, Sec. 9 so as to allow for the construction of Phase ILA of a mixed-use redevelopment which includes the renovation and conversion of approximately 65,000 s.f. of existing vacant space to fifty (50) residential one & two bedroom units, the conversion of other space within the existing building to commercial uses, expansion of surface parking to add 149 new parking spaces, landscape and access improvements, drainage and stormwater management improvements, and other improvements as described in the "Plans" cited below. After a public hearing given on the above date, the Planning Board voted unanimously, to APPROVE A PLANNED,DEVELOPMENT DISTRICT SPECUL PERMIT based upon the following conditions: oe ��� on 6afti►If aF• North Andover Planning Board ' John Simons, Chairman Alberto Angles, Vice Chairman Jennifer Kusek, Clerk Richard Rowen Richard Nardella Tim Seibert, Alternate AUG 4.1 BOARD OF APPEALS RCG North Andover Mills, LLC. — Phase ILA Special Permit - Planned Development District Conditional Approval The Planning Board hereby APPROVES the Planned Development District Special Permit for Phase II.A of a mixed-use development which includes the renovation and conversion of approximately 65,000 s.f. of existing vacant space to fifty (50) residential one & two bedroom units located within the second and fourth floors of Building #3A and fourth and fifth floors of Building #l, the conversion of other space within the existing buildings to commercial uses, expansion of surface parking to add 149 new parking spaces, landscape and. access improvements, drainage and stormwater management improvements, and other improvements as described in the "Plans" cited below. This special permit was requested by RCG North Andover Mills LLC, 17 Ivaloo Street, Somerville, MA . 02143 on January 18, 2008. RCG North. Andover Mills LLC submitted a complete application on February 27, 2008. The application was .noticed and reviewed in accordance with the procedures for approval described in Section 11, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40, sec. 9. The area affected is located at 21 High Street, Map 69 Parcel 1 and Map 68, Parcel 10 totaling approximately 986,867 square feet and located in the I -S Zoning District. The Planning Board makesthe following findings as required by the Town of North Andover Zoning Bylaw, Sections 10.3, 10.3 1, and 11. 1. The specific site is an appropriate location for a Planned Development District as it is located in the I- S Zoning District and the PDD plan meets the minimum requirements required by Section 11.4 of the Town of North Andover Zoning Bylaw. Consistent with the objective of the PDD Zoning Bylaw provisions under Section 11.2, the -Project will provide for a mixture and diversity of retail, residential and other uses which do not detract from, but which will enhance, the livability and aesthetic qualities of the Machine Shop Village and other neighboring downtown areas. As a project that is proposing to utilize existing buildings, the proposal will promote the efficient use of land while protecting natural resources, such as water resources, wetlands, and floodplain. 2.. The use as developed will not adversely affect the neighborhood as this site is located in the Industrial -S Zone and within :the Machine Shop overlay district. Further, the Project provides appropriate building, landscaping, and screening setback from adjacent properties. There will be no change in architectural style of existing buildings, and the use is suited for its proposed location in proximity to the downtown and abutting residential, commercial and retail uses. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant submitted a traffic study dated December 2007 to the Planning Staff and Division of Public Works and the study was found to be accurate and sufficient for the proposed project. The Project will use existing vehicular entries and exists, as well as onsite parking areas, which will result in no hazard to vehicles and pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will be on town water and sewer and has been determinedacceptable by the Department of Public Works. With the addition of 149 new parking spaces, the Property includes a sufficient number of parking spaces well in excess over the zoning requirements for the current and proposed uses. 5. Since the project proposes uses during Phase 11.A are to be located at existing buildings, there will be no visual impacts that would be incompatible with the historic nature of the neighborhood. 6. The project will have no impact on the natural environment. The proposed drainage improvement and construction of the new drainage culvert will improve onsite stormwater management. 2 RCG North Andover Mills, LLC. — Phase ILA Special Permit - Planned Development District Conditional Approval 7. On January 15, 2008, the Planning Board approved the Preliminary Planned Development District Special Permit for the second phase (Phase II) of the multi -phased, mixed-use development which included: (a) the redevelopment and conversion of 65,000 s.f. of existing buildings to 50 1- and 2 - bedroom apartments to be located on the ground floor of Building No. 3A, and upper floors of Buildings 1, IA, 3, 3A; and: 32, with an address of 120 Water Street; (b) renovation of 50,000 s.f of existing space for commercial uses allowed in the Planned Development District; (c) construction of new parking spaces to support the proposed uses; (d) construction of 39 -unit residential building located adjacent to the existing mill pond; (e) construction of 98 new one- and two-bedroom residential units proposed to be located on and adjacent to the existing structured parking garage; and; (f) streetscape and associated improvements to the parking areas and landscaping. This Decision relates solely to items (a), (b), and (c) of Phase H ("phase II.A."). The Planning Board also makes findings under Section 11.2 of the .Zoning Bylaw that Phase II.A of this PDD is in harmony with the general purpose and intent of the Bylaw, including Sections 11.2 and 10.3, and that the PDD provides fora mixture of land usage at designated locations at greater density and _intensity than would normally be allowed. In particular, the Planning Board finds that this project: 1. Does not detract from the livability and aesthetic qualities of the environment.. The project will provide for a mixture and diversity of retail, residential and other uses which will enhance the livability and aesthetic qualities of the.Machine Shop Village and other neighboring downtown areas. Further, the project will preserve the existing architectural style of the mill buildings. 2. 'The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw. The proposed uses are permitted under the PDD provisions of the Zoning Bylaw, and will serve to provide a mix of uses consistent with the Town's objectives in the Machine Shop Village area. The project will return a portion of a.largely vacant and underutilized property back into productive use. Further, the proposed uses will further provide for pedestrian amenities to complement the surrounding uses. The project will enhance the aesthetics of the property with new streetscape amenities, landscaping, and screening. 3. Promotes more efficient use of land while protecting natural resources, such as water resources, wetlands, floodplains and wildlife. Phase II.A of the project includes the renovation of existing .buildings and will have no impact on the natural environment. 4. Promotes a diversity of housing opportunities at a variety of costs within North Andover's downtown. SPECIAL CONDITIONS: Finally, the Planning Board finds that the Planned Development District complies with Town Bylaw requirements so long as the applicant complies with the following conditions: 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. The Environmental Monitor shall make inspections as. determined necessary by the Town Planner to assure compliance with this decision. The monitor shall meet with the Town Planner at 3 RCG North Andover Mills, LLC. — Phase ILA Special Permit - Planned Development District Conditional Approval appropriate intervals and file monthly written reports to the Planning Board detailing areas, if any, of non-compliance with approved plans and conditions of the site plan approvals. 2. Construction Monitor: Thea applicant shall designate grate 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. The designated monitor may not be the applicant and/or developer. The designated monitor may not be applicant and/or developer. The weekly inspections and monthly reports provided to the Planning Department shall include the following: a) site clearing; b) erosion control; c) drainage and detention structures; d) on-site water and sewer utilities; e) parking spaces and related pavement; f) curb cuts; g) retaining walls; h) site screening, landscaping and street trees; i) site restoration; j) final site cleanup. I 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 and other off-site construction. Off-site erosion in relation to the streetscape improvements will be a basis for the Planning Board making a finding that the project is not in compliance with the plan. 4. Prior to endorsement of the plans (described in Paragraph 4.c.(2) through (6) below)(the "Final Plans") by the Planning Board and recording the same with the Registry of Deeds, the Applicant shall adhere to the following: a. The applicant shall post (per agreement with the North Andover Planning Board) a Site Opening Bond in the amount of five thousand ($5,000) to be held by the Town of North Andover. The Guarantee shall be in the form of a check made payable to the Town of North Andover escrow account. This amount shall cover any contingencies that might affect the public welfare such as site -opening, clearing, erosion control and performance of any other condition contained herein, prior to the posting of the Performance Security as described in Special Condition 8(a) of .this Conditional Approval. This Performance Guarantee may at the discretion of the Planning Board be rolled over to cover other bonding considerations, be released in full, or partially retained in accordance with the recommendation of the Planning Staff and as directed by the vote of the North Andover Planning Board. b. Any new conservation easements relative to the Project must be supplied to Planning Staff and reviewed and approved by Town Counsel. c. For purposes of this Decision, the Planning Board Approves the following building designs as depicted in the following "Plans" as follows: 4 RCG North Andover Mills, LLC. -Phase ILA Special Permit - Planned Development District Conditional Approval i... An existing conditions survey entitled "ALTA/ACSM Land Title Survey, Water St. and High St., North Andover, MA," dated January 8, 2007, prepared by Coneco, Engineer, Scientists, and Land Surveyors, 4 First Street, Bridgewater, MA, 02324; ii. Set of definitive plans, consisting of nine (9) sheets, entitled "Submission of Definitive Plan Phase IIA, East Mill, High Street, North Andover, MA," dated May 15, 2008, prepared by Design. Consultants, Inc., 265 Medford Street, Somerville, MA 02143; iii. A set of residential unit plans, consisting of five (5) sheets, entitled "North Andover Mills,". dated January 10, 2008, prepared by Khalsa Design, Inc., including: Second Floor Plan, Bldg. 3 (Dwg. A-102), Third Floor Plan , Bldg. 3. (Dwg. No. A-103), Fourth Floor Plan, Bldg. 3 (Dwg. No. A-104), and Fifth Floor Plan, Bldg. 3 (Dwg. No. A-105); and iv. A roadway and landscaping plan entitled "Landscape Plan — East Mill, Phase II A" consisting of three (3) sheets (L1.0, L2.0 and L.3.0), dated May 15, 2008, prepared by LandWorks Studio, Inc.; 5. Recording of Decision and Plans: Prior to the issuance of a Building Permit, a copy of this Decision, including the Phased Development Schedule attached hereto, shall be recorded with the Final Plans, and one certified copy of the recorded decision and Final Plans.must be submitted to the Planning Department. 6. Prior to the Start of Construction: a. A pre -construction meeting shall be held with the applicant, Town Planner, Director of Engineering from the Department of Public Works, Building Inspector, and the designated Environmental Monitor and Construction Monitor as listed in Special Conditions #.1 and #2. The purpose of this meeting will be to review the phasing of the development. The applicant will also discuss the traffic mitigation and any possible road closures and/or traffic mitigation which may occur as a result of the installation. b. 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. 7. Throughout and During Construction: a. Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner, throughout the construction process. b. Street sweeping must be performed, at least once per month, throughout the construction process, or more frequently as directed by the Town Planner. c. Hours .of operation during construction are Iimited from 7 a.m. to .7 p.m., Monday through Friday and 8 a.m. — 5 p.m. on Saturdays. 8. Prior to the issuance of a Building Permit: a. A Performance Guarantee in an amount to be determined by the Planning Board, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional 5 RCG North Andover Mills, LLC. — Phase ILA Special Permit - Planned Development District Conditional Approval approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include, but shall not be limited to: . i. as -built drawings; ii. sewers and utilities; iii. roadway construction and maintenance'- iv. aintenance;iv. lot and site erosion control; V. site screening and street trees; vi. drainage facilities; vii. site restoration; and viii. final site cleanup. b. The applicant shall adhere to the following requirements of the Fire Department and the Building Department: i. All structures must contain a residential and/or commercial fire sprinkler system. The plans and hydraulic calculations for each residential and/or commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential and/or commercial system must also be supplied to the Building Department when applying for a building permit. c. The applicant must comply with the Section 4.2 of the Town of North Andover Zoning Bylaw until such time as Section 4.2 expires on July 1, 2009 unless otherwise amended or waiver granted by the Planning Board. d. The applicant is required to pay sewer mitigation fees in accordance with the current and prescribed policies at the Department of Public Works. These fees are based on the number of bedrooms. Proof of payment must be supplied to the Planning Department.. e. The applicant, its employees, successors or assigns, shall be obligated to become a participating member of the Merrimack Valley Transportation Management Association (MVTMA), subject to payment of all dues and other obligations of membership and such membership shall apply to all phases of this project. The applicant, its successors or assigns, shall remain a member for a period of two (2) years commencing within six (6) months after the date this Decision .is recorded and shall be required to file a declaration stating such membership is current on or before January 15th annually to the Planning Department. Information regarding the MVTMA can be obtained from the .Planning Department. If the applicants, its employee's successors or assigns are required to comply with a substantial increase in the fees required by the MVTMA, or other unforeseen complications relative to their required membership in the MVTMA or obligations therefore shall arise, the applicants, its employees, successors or assigns shall have the opportunity to appear before the Planning Board. The Planning Board shall then determine whether or not such required membership in the MVTMA shall continue. 9. Prior to verification of a Certificate of Occupancy. a. . The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department. All structures must contain a residential and/or commercial fire sprinkler system. Said fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the rn RCG North Andover Mills, LLC. — Phase ILA Special Permit - Planned Development District Conditional Approval above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 10. Prior to final release of security: a. The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant'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 and reviewed by the Planning Staff and the Division of Public Works.' 11. If applicable, tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 14. The Applicant has filed with the Planning Office an Open Space Plan along with a form of Conservation Restriction encompassing an area meeting the Usable Open Space requirements under Section 11.5 of the Zoning Bylaw. Such Conservation Restriction shall be executed by the Applicant and held by the Planning Board in escrow until such time as the improvements proposed on the Property (including those improvements related to Phase I, Phase II, and such other phases approved by. the Planning Board) are substantially completed, and the final terms of the Conservation Restriction are satisfactorily agreed upon by the Applicant and Planning Board prior to the recording of the same. 15. This special permit approval shall be deemed to have lapsed after May 20, 2010 (two years from the date permit granted) unless substantial construction of roadway and utilities has commenced. 16. The provisions of the Special Permit shall apply to and be binding upon the applicant, its employees, contractors.and subcontractors and all successors in interest or control. 17. The developer shall implement and follow all requirements set forth in this decision (Special Conditions 1-14), the plans and reports referenced below and previous decisions issued by Planning Board for Phase I of this project. Failure to comply with all requirements therein and the conditions of this approval shall be the basis for the Planning Board, voting by majority vote, to stop all site work and construction until defects on the site are corrected and the development is put back into plan compliance. Plan compliance will be solely determined by a majority vote of the Planning Board based upon the developers written comments and the conditions contained herein. 18. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination by the Board whether such changes would merit a public meeting or hearing and/or Special Permit modification. 19. The following materials and plans are included as part of this decision: VA RCG North Andover Mills, LLC. — Phase II.A Special Permit - Planned Development District Conditional Approval Report titled: Application for Definitive Plan Approval for Planned Development District (PDD) Special Permit — Phase IIA Prepared for: ,RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Prepared by: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Dated: Received January 18, 2008, Revised May 15, 2008 Attachements: A through G Report titled: Drainage Report for East Mill Phase IIA North Andover, MA Prepared for: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Prepared by: Design Consultants, Inc. 265 Medford Street Somerville, MA 02143 Dated: Received February 2008, Revised 3/3/08, 4/8/08 APPEAL: Any person aggrieved by this Decision by the Planning Board, if any, may file an appeal of this Decision by bringing an action within twenty (20) days after the Decision has been filed in the Office of the Town Clerk pursuant to Section 17 of Mass. Gen. Laws Chapter 40A. cc: Applicant Engineer File EV LEx�hibitA 6"o Town of North Andover ;, Office of the Planning Department Community Development and Services Division o 1600 Osgood Street 9SSNCHO North Andover, Massachusetts 01845 NOTICE OF PHASED DEVELOPMENT SCHEDULE -- 2007-2011 Application of: RCG North Andover Mills LLC 17 Ivaloo Street Somerville, Massachusetts 02143 Premises Affected: East Mill — Phases I and "II.A, 120 Water Street, North Andover, MA, within the Industrial S Zoning District as modified pursuant to the Planned Development District Zoning Bylaw (Section 11) Special Permit, Assessors Map 69, Lot 1 and Map 68, Lot 1. Referring to the requirements of the North Andover Zoning Bylaw, Section 4.2 of the North Andover Zoning Bylaw (Phased Development Bylaw), this form represents the schedule for allowing the following dwelling units to be considered eligible for building permits under the Town of North Andover Phased Development Bylaw (Section 4.2 of the North Andover Zoning Bylaw). Pursuant to Section 4.2, this Phased Development Schedule must be recorded with the Planned Development District Special Permit Decision with the Town Clerk, and no building permits for residential units shall be issued pursuant to this schedule until the Applicant records the approval Decision with the -Phased Development Schedule at the Essex North District Registry of Deeds. The Planning Board, by its signature or by the signature of a duly authorized representative below, does hereby establish for East Mill — Phases I (20 Units) and II.A. (50 Units), the above -referenced development schedule that limits the number of building permits that can be issued for the residential units as part of the East Mill Phase I and Phase ILA Projects approved as part of the Planned Development District Special Permits issued pursuant to Section 11 of the North Andover Zoning Bylaw. The Applicant, its successors and assigns shall conform to the following schedule that limited the number of residential units eligible for building permits for the years identified below. Total Residential Units Number of Units for Which Number of Units for — Phases I and H.A Building Permits Can Be Which Building Permits Issued in Calendar Year Can Be Issued in 2007 Calendar Year 2008 70 14 14 Total Residential Units Number of Units for Which Number of Units for — Phase ILA Building Permits Can Be Which Building Permits Issued in Calendar Year Can Be Issued in 2009 Calendar Year 2010 14 14 Number of Units for Which Building Permits Can Be Issued in Calendar Year 2011 14 Total 70 Units r `acfs!E�771 i :.� Jr ` 0 w r Town of North Andover Office of the Planning Department :i! 7 3 1 e f lf.t . Community Development and Services Division A l T 11 3a,'r L, � � i; w � 1600 Osgood Street North Andover, Massachusetts 01845 NOTICE OF PHASED DEVELOPMENT SCHEDULE — 2007_2011 (Cont'd) This Notice of Phased Development Schedule supersedes the Notice of Phased Development Schedule .for Phase I recorded with the Essex North District Registry of Deeds in Book 10993, Page 51. Signature of Planning Board .Member or Authorized Representativt Date: Signature of Property Owner or Authorized Representative Date: IPA MayL(, 2008 May,; 1/,2008, sV5 Town of North Andover T" Office of the Planning Departme4t,Q8 MirY 21 PM 4: 22 Community Development and Services Division 1600 Osgood Street' North Andover, Massachusetts 01845 H A u 0 Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town .Clerk. NOTICE OF DECISION Date: May 21, 2008 Date of Hearing: 2/6/08, 3/4/08, 4/15/08 and 5/6/08 Date of Decision: May 20, 2008 Application of: RCG North Andover Mills LLC c/o RCG, LLC 17 Ivaloo Street, Suite 100 Somerville, Massachusetts 02143 Premises Affected: 21 High Street, North Andover, MA 01845, within ,the Industrial S Zoning District, Assessors Map 69, Parcel 1, and Map 68, Parcel 10. Referring to the above Application for a Site Plan Review 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 for the construction of Phase II.A of a mixed-use redevelopment which includes the renovation and conversion of approximately 65,000 s.f. of existing vacant space to fifty .(50) residential one & two bedroom units, the conversion of other space within the existing building to commercial uses, expansion of surface parking to add 149 new parking spaces, landscape and access improvements, drainage and stormwater management improvements, and other improvements as described in the "Plans" cited below After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE a SITE PLAN SPECIAL PERMIT based upon the following conditions: North Andover P nning Board John Simons, Chairman Alberto Angles, Vice Chairman Jennifer Kusek, Clerk Richard Rowen Richard Nardella Tim Seibert, Alternate RCG North Andover Mills, LLC. — Phase II.A Site Plan Review Special Permit Conditional Approval May 20, 2008 The Planning Board hereby unanimously APPROVES the Site Plan Special Permit for Phase II.A of a mixed-use redevelopment which includes the renovation and conversion of approximately 65,000 s.f. of existing vacant space to fifty (50) residential one &. two bedroom units, the conversion of other space within the existing building to commercial uses, expansion 'of surface parking to add 149 new parking spaces, landscape and access improvements, drainage and stormwater management improvements, and other improvements as described in the "Plans" cited below This Application for Special Permit was filed by RCG North Andover Mills LLC, 17 Ivaloo Street, Somerville, MA 02143 on January 18, 2008. The area affected is located at 21 High Street, Map 69 Parcel 1 and Map 68, Parcel 10 totaling approximately 986,867 square feet and located in the I -S Zoning District. The Applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Applicant has filed with the Planning Board all plans and reports required under the North Andover Zoning Bylaws, including but not limited to the information required under Section 8.3 and 10.31 of the North Andover Zoning Bylaws. During the review process, the Applicant and its professional consultants. also submitted various revisions to the plans along with various supplemental memoranda and . correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3, as well as Section 9 of M.G:L. c. 40A: 1. The specific site is an appropriate location for a Planned Development District (PDD) as it is located in the I -S Zoning District and the PDD plan meets the minimum requirements required by Section 11.4 of the Town of North Andover Zoning Bylaw. 2.. The use as developed will not adversely affect the neighborhood as this site is located in the Industrial -S Zone and within the Machine Shop Village overlay district. Further, the Project provides appropriate building, landscaping, and. screening setback from adjacent properties. There will be no change in architectural style of existing buildings and the use is suited for its proposed location in proximity to the downtown and abutting residential, commercial, and retail uses. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant submitted a traffic study dated December 2007 to the Planning Staff and Division of Public Works and the study was found to be accurate and sufficient for the proposed project. The Project will use existing vehicular entries and exists, as well as onsite parking areas, which will result in no hazard to vehicles and pedestrians. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw and provides for sufficient buffering for the surrounding area and abutting residential properties. 5. The site drainage system has been reviewed by the Division of Public Works. No significant changes are proposed for the site regarding drainage facilities or impervious areas. 6. The Applicant has met the requirements of the North Andover Zoning Bylaw for Site Plan Review, including all filing requirements as stated in Sections 8.3, 10.3 and 10.31 of the Zoning Bylaw. 6 RCG North. Andover Mills, LLC.-- Phase II.A Site Plan Review Special Permit Conditional Approval May 20, 2008 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use and the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will provide for municipal water, sewer and utilities on the property to adequately address the needs of the project. Finally the Planning Board finds that this project complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3, 10.3 and 10.31 but requires conditions in order to be fully in compliance. The Planning Board hereby unanimously votes to both grant the requested waivers as described in the Applicant's application, and also unanimously votes to grant approval of the Applicant's proposed project as .described in the "Plans" and other supporting information described in the .public record, provided the following conditions are met: SPECIAL CONDITIONS: I. Permit Definitions: a. The "Locus" refers to the 986,867 s.f. of land with frontage on High Street and Water Street, as shown on Assessors Map 99, Parcel 1, and Map 68, Parcel 10, and also known as 21 High Street and 120 Water Street, North Andover, Massachusetts. b. The "Plans" refer to the plans as follows: 1. An existing conditions survey entitled "ALTA/ACSM Land Title Survey, Water St. and High St., North Andover, MA," dated January 8, 2007, prepared by Coneco, Engineer, Scientists, and Land Surveyors, 4 First Street, Bridgewater, MA, 02324; 2. Set of definitive plans, consisting of nine (9) sheets, entitled "Submission of Definitive Plan Phase IIA, East Mill, High Street, North Andover, MA," dated May 15, 2008, prepared by Design Consultants, Inc., 265 Medford Street, Somerville, MA 02143; 3. A set of residential unit plans, consisting of five (5) sheets, entitled "North Andover Mills," dated January 10, 2008, prepared by Khalsa Design, Inc., including: Second Floor Plan , Bldg. 3 (Dwg. A-102), Third Floor Plan , Bldg. 3 (Dwg. No. A-103), Fourth Floor Plan , Bldg. 3 (Dwg. No. A-104), and Fifth Floor Plan, Bldg. 3 (Dwg. No. A-] 05); and 4. A roadway and landscaping plan entitled "Landscape Plan — East Mill, Phase II.A" consisting of three (3) sheets (L1.0, L2.0 and L.3.0), dated May 15, 2008, prepared by LandWorks Studio, Inc. c. The "Project" or "East Mill - Phase II.A" refers to the renovation and conversion of approximately 65,000 s.f of existing vacant space to fifty (50) residential one & two bedroom units, the conversion of other space within the existing building to commercial uses, expansion of surface parking to add 149 new parking spaces, landscape and access improvements, drainage and stormwater management improvements, and other improvements as stated in the Plans; d. The "Applicant" refers to RCG North Andover Mills LLC, the applicant for the Special Permit. e. 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. 3 RCG North Andover Mills, LLC. — Phase II.A Site Plan Review Special Permit Conditional Approval May 20, 2008 2. Environmental Monitor: The developer shall designate an independent Environmental Monitor who shall be chosen inconsultation 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. The Environmental Monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products if applicable. 3. Construction Monitor: 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 areas of non- compliance and actions taken to resolve such issues. The designated monitor may not be applicant and/or developer. The weekly inspections and monthly reports provided to the Planning Department shall include the following: a. Site clearing; b. Erosion control; c. Drainage and detention structures; d. On-site water and sewer utilities; e. Parking spaces and related pavement; f. Curb cuts; g. Retaining walls; h. Site screening, landscaping and street trees; i. Site restoration; j. Final site cleanup; and k. Temporary storage of construction debris, dirt, and equipment. 4. PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: a. The final plans described in Paragraph l.b(2) through (4) (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,. shall be modified to include a Planning Board endorsement block and must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. Failure to submit and obtain Planning Board endorsement within the 90 -day period will automatically cause the approval to become null and void. 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. Written confirmation of said review and approval by the Department of Public Works must be submitted to the Planning Department. c. A bond in the amount of five thousand ($5,000) dollars must 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, topography, and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The form of security must be acceptable to the Planning Board. d. All site plan application and escrow fees must be paid in full and verified by the Town Planner. 4 RCG North Andover Mills, LLC. — Phase II.A Site Plan Review Special Permit Conditional Approval May 20, 2008 5. 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. A pre -construction meeting must be held with the developer, their construction employees, Planning Department, Building Department, Town Engineer, and Police Department to discuss scheduling of inspections, the construction schedule, and the process/method of informing the public of the anticipated activities on the site. The applicant will also discuss the traffic mitigation and any possible road closures, which may occur as a result of the construction. The applicant will coordinate with the North Andover Police Department if the construction of the project necessitates Police traffic details. Minutes of the meeting must be submitted to the Planning Board prior to the start of construction. e. The developer shall provide the Planning Board with copies of permits, plans and decisions received from all other North Andover Land -Use Boards or departments. In addition to receipt of these plans, the Applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans. 6. 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. c. The project owner shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a residential and/or commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval, if required, by the North Andover Fire Department. Plans and hydraulic calculations for each residential and/or commercial system must also be supplied to the Building Department. d. The applicant, its employees, successors or assigns, shall be obligated to become a participating member of the Merrimack Valley Transportation Management Association (MVTMA), subject to payment of all dues and other obligations of membership and such membership shall apply to all phases of this project. The applicant, its successors or assigns, shall remain a member for a 5 RCG North Andover Mills, LLC. — Phase ILA Site Plan Review Special Permit Conditional Approval May 20, 2008 period of two (2) years commencing within six (6) months after the date this Decision is recorded and shall be required to file a declaration stating such membership is current on or before January 156 annually to the Planning Department. Information regarding ' the MVTMA can be obtained from the Planning Department. If the applicants, its employee's successors or assigns are required to comply with a substantial increase in the fees required by the MVTMA, or other unforeseen complications relative to their required membership in the MVTMA .or obligations therefore shall arise, the applicants, its employees, successors or assigns shall have the opportunity to appear before the Planning Board. The Planning Board shall then determine whether or not such required membership in the MVTMA shall continue. 7. DURING CONSTRUCTION: a. During construction, the site must be kept clean and swept regularly throughout the construction process. Dust mitigation, dewatering -and roadway cleaning must be performed weekly, or more frequently as dictated by site and weather conditions and as directed by the Town Planner. b. The plans for the stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Town Planner. The developer will make every effort to locate stockpiles on the site and away from abutting residential properties. Any approved piles must remain covered at all times to minimize potential dust and the project owner will be required to install appropriate erosion control measures. c. In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that will emanate sounds from the structures or site. d. The Town Planner will perform monthly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY a. The .Applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. For .purposes of Phase H.A and the construction of residential units, said letter may be submitted in reference to single or multiple units.. Alternatively, the Applicant and/or property 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 new artificial lighting used to illuminate the site. All new 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 a site lighting plan for any new site lighting. Any changes to the approved Iighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. The Applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layoutsubstantially comply with the Plans referenced at the end of this decision as endorsed by 0 RCG North Andover Mills, LLC. — Phase II.A. Site Plan Review Special Permit Conditional Approval May 20, 2008 the Planning:Board. All site lighting shall provide security for the site and structures, however, it must not create any glare or project any light onto adjacent residential properties. c. The residential and/or commercial fire sprinkler systems must be installed ine,accordance with referenced standard NFPA 13D and in accordance with 780 CMR, ` Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The Applicant must then provide this certification to the North Andover Planning Department. d. Any and all signage plans for the site, which have been provided to the Planning Board during the site plan review process, were presented for the purpose of demonstrating signage materials only. Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw, as amended, and must be approved by the Building Department. In no way is the Project Owner to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. All additional permits must be obtained by the Project Owner prior to construction. 9. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS a. The Planning Staff shall review the site. Any additional screening or buffering measures 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 structures and facilities must be submitted to the Planning Department. The Applicant must submit a letter from the architect and engineer of the project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 10. All site work and external construction activity shall be Iimited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 11. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die shall be replaced immediately by the owner (if seasonally feasible). All plantings and screening depicted on the approved plans shall remain in perpetuity over the life of the project. Reasonable substitutions may be allowed as determined by the Town Planner, but size and coverage must be maintained throughout the duration of the project. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 14. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 15. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 7 RCG North Andover Mills, LLC. — Phase ILA Site Plan Review Special Permit Conditional Approval May 20, 2008 16. 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. 17. The Owner will haul any required snow off-site to the -extent that such accumulated snow interferes with parking and access on the Property. 18. Truck deliveries for goods and merchandise for the retail uses shall occur only between the hours of 6 a.m. and 9 p.m. seven days a week. Trash pickup from the dumpster shall be limited to between the hours of 7:00 am to 9 pm.; seven days a week, The dumpster and dumpster enclosure shall remain closed except when trash deposit, removal and pickup operations are being conducted. 19. The Planning Board requires that the project be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings and in strict accordance with all conditions contained herein. Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 20. This Special Permit approval shall be deemed to have lapsed after May 20, 2010 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 21. The following information shall be deemed part of the decision: Report titled: Application for Definitive Plan Approval for Planned Development District (PDD) Special Permit — Phase IIA Prepared for: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Prepared by: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Dated: Received January 18, 2008, Revised May 15, 2008 Attachements: A through G Report titled: Drainage Report for East Mill Phase IIA. North Andover, MA Prepared for: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Prepared by: Design Consultants, Inc. 265 Medford Street Somerville, MA 02143 Dated: Received February 2008, Revised 3/3/08, 4/8/08 R RCG North Andover Mills, LLC. — Phase II.A Site Plan Review Special Permit Conditional Approval May 20, 2008. APPEAL: Any person aggrieved by this Decision by the Planning Board, if any, may file an appeal of this Decision by bringing an action within twenty (20) days after the Decision has been filed in the Office of the Town Clerk pursuant to Section 17 of Mass. Gen. Laws Chapter 40A. cc: Town Departments Applicant Engineer Abutters 9 u Fri 9 In . - C' I E D :T Town of North Andover ' ` ` ' ` �.' Office of the Planning Departmedf g8 MA i 2 1 PM 4 : 22 Community Development and Services Division 1600 Osgood Street North Andover, Massachusetts 01845 MASS r NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: May 21, 2008 Date of Hearing: 2/6/08, 3/4/08, 4/15/08 and 5/6/08 Date of Decision: May 20, 2008 Application of: RCG North Andover Mills LLC c/o RCG, LLC 17 Ivaloo Street, Suite 100 Somerville, Massachusetts 02143 Premises Affected: 21 High Street, North Andover, MA 01845, within the Industrial S Zoning District, Assessors Map 69, Parcel 1, and Map 68, Parcel 10. = Ae5e�07f- Sy ryrN� Referring to the above Application for a Site Plan Review 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 for the construction of Phase II.A of a mixed-use redevelopment which includes the renovation and . conversion of approximately 65,000 s.f. of existing vacant space to fifty .(50) residential one & two bedroom units, the conversion of other space within the existing building to commercial uses, expansion of surface parking to add 149 new parking spaces, landscape and access improvements, drainage and stormwater management improvements, and other improvements as described in the "Plans" cited below After a. public hearing given on the above date, the Planning Board voted unanimously to APPROVE a SITE PLAN SPECIAL PERMIT based upon the following conditions: North Andover Planning Board John Simons, Chairman Alberto Angles, Vice Chairman Jennifer Kusek, Clerk Richard Rowen Richard Nardella Tim Seibert, Alternate RCG North Andover Mills, LLC. — Phase ILA Site Plan Review Special Permit Conditional Approval May 20, 2008 The Planning Board hereby unanimously APPROVES the Site Plan Special Permit for Phase II.A of a mixed-use redevelopment which includes the renovation and conversion of approximately 65,000 s.f of existing vacant space to fifty (50) residential one & two bedroom units, the conversion of other space within the existing building to commercial uses, expansion of surface parking to add 149 new parking spaces, landscape and access improvements, drainage and stormwater management improvements, and other improvements as described in the "Plans" cited below This Application for Special Permit was filed by RCG North Andover Mills LLC, 17 Ivaloo Street, Somerville, MA 02143 on January 18, 2008. The area affected is located at 21 High Street, Map 69 Parcel 1 and Map 68, Parcel 10 totaling approximately 986,867 square feet and located in the I -S Zoning District. The Applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Applicant has filed with the Planning Board all plans and reports required under the North Andover Zoning Bylaws, including but not limited to the information required under Section 8.3 and 10.31 of the North Andover Zoning Bylaws. During the review process, the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3, as well as Section 9 of M.G.L. c. 40A- 1. The specific site is an appropriate location for a Planned Development District (PDD) as it is located in the I -S Zoning District and the PDD plan meets the minimum requirements required by Section 11.4 of the Town of North Andover Zoning Bylaw. 2. The use as developed will not adversely affect the neighborhood as this site is located in the Industrial -S Zone and within the Machine Shop Village overlay district. Further, the Project provides appropriate building, landscaping, and screening setback from adjacent properties. There will be no change in architectural style of existing buildings and the use is suited for its proposed location in proximity to the downtown and abutting residential, commercial, and retail uses. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant submitted a traffic study dated December 2007 to the Planning Staff and Division of Public Works and the study was found to be accurate and sufficient for the proposed project. The Project will use existing vehicular entries and exists, as well as onsite parking areas, which will result in no hazard to vehicles and pedestrians. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw and provides for sufficient buffering for the surrounding area and abutting residential properties. 5. The site drainage system has been reviewed by the Division of Public Works. No significant changes are proposed for the site regarding drainage facilities or impervious areas. 6. The Applicant has met the requirements of the North Andover Zoning Bylaw for Site Plan Review, including all filing requirements as stated in Sections 8.3, 10.3 and 10.31 of the Zoning Bylaw. 2 RCG North Andover Mills, LLC. — Phase II.A Site Plan Review Special Permit Conditional Approval May 20, 2008 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use and the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will provide for municipal water, sewer and utilities on the property to adequately address the needs of the project. Finally the Planning Board finds that this project complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3, 10.3 and 10.31 but requires conditions in order to be fully in compliance. The Planning Board hereby unanimously votes to both grant the requested waivers as described in the Applicant's application, and also unanimously votes to grant approval of the Applicant's proposed project as described in the "Plans" and other supporting information described in the public record, provided the following conditions are met: SPECIAL CONDITIONS: 1. Permit Definitions: a. The "Locus" refers to the 986,867 s.f. of land with frontage on High Street and Water Street, as shown on Assessors Map 99, Parcel 1, and Map 68, Parcel 10, and also known as 21 High Street and 120 Water Street, North Andover, Massachusetts. b. The "Plans" refer to the plans as follows: 1. An existing conditions survey entitled "ALTA/ACSM Land Title Suryey, Water St. and High St., North Andover, MA," dated January 8, 2007, prepared by Coneco, Engineer, Scientists, and Land Surveyors, 4 First Street, Bridgewater, MA, 02324; 2. Set of definitive plans, consisting of nine (9) sheets, entitled "Submission of Definitive Plan Phase IIA, East Mill, High Street, North Andover, MA," dated May 15, 2008, prepared by Design Consultants, Inc., 265 Medford Street, Somerville, MA 02143; 3. A set of residential unit plans, consisting of five (5) sheets, entitled "North Andover Mills," dated January 10, 2008, prepared by Khalsa Design, Inc., including: Second Floor Plan , Bldg. 3 (Dwg. A-102), Third Floor Plan , Bldg. 3 (Dwg. No. A-103), Fourth Floor Plan , Bldg. 3 (Dwg. No. A-104), and Fifth Floor Plan, Bldg. 3 (Dwg. No. A-105); and , 4. A roadway and landscaping plan entitled "Landscape Plan — East Mill, Phase ILA" consisting of three (3) sheets (L1.0, L2.0 and L.3.0), dated May 15, 2008, prepared by LandWorks Studio,. Inc. c. The "Project" or "East Mill — Phase ILA" refers to the renovation and conversion of approximately 65,000 s.f. of existing vacant space to fifty (50) residential one & two bedroom units, the conversion of other space within the existing building to commercial uses, expansion of surface parking to add 149 new parking spaces, landscape and access improvements, drainage and stormwater management improvements, and other improvements as stated in the Plans; d. The "Applicant" refers to RCG North Andover Mills LLC, the applicant for the Special Permit. e. 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. 3 RCG North Andover Mills, LLC. — Phase I1.A Site Plan Review Special Permit Conditional Approval May 20, 2008 2. Environmental Monitor: The developer shall designate an independent Environmental Monitor who shall be chosen inconsultation 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. The Environmental Monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products if applicable. 3. Construction Monitor: 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 areas of non- compliance and actions taken to resolve such issues. The designated monitor may not be applicant and/or developer. The weekly inspections and monthly reports provided to the Planning Department shall include the following: a. Site clearing; b. Erosion control; c. Drainage and detention structures; d. On-site water and sewer utilities; e. Parking spaces and related pavement; f.. Curb cuts; g. Retaining walls; h. Site screening, landscaping and street trees; i. Site restoration; j. Final site cleanup; and k. Temporary storage of construction debris, dirt, and equipment. 4. PRIOR TO THE 'ENDORSEMENT OF THE PLANS By THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: a. The final plans described in Paragraph l.b(2) through (4) (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, shall be modified to include a Planning Board endorsement block and must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. Failure to submit and obtain Planning Board endorsement within the 90 -day period will automatically cause the approval to become null and void. 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. Written confirmation of said review and approval by the Department of Public Works must be submitted to the Planning Department. c. A bond in the amount of five thousand ($5,000) dollars must 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, topography, and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The form of security must be acceptable to the Planning Board. d. All site plan application and escrow fees must be paid in full and verified by the Town Planner. 4 RCG North Andover Mills, LLC. — Phase II.A Site Plan Review Special Permit Conditional Approval May 20, 2008 5. 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. A pre -construction meeting must be held with the developer, their construction employees, Planning Department, Building Department, Town Engineer, and Police Department to discuss scheduling of inspections, the construction schedule, and the process/method of informing the public of the anticipated activities on the site. The applicant will also discuss the traffic mitigation and any possible road closures, which may occur as a result of the construction. The applicant will coordinate with the North Andover Police Department if the construction of the project necessitates Police traffic details. Minutes of the meeting must be submitted to the Planning Board prior to the start of construction. The developer shall provide the Planning Board with copies of permits, plans and decisions received from all other North Andover Land -Use Boards or departments. In addition to receipt of these plans, the Applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans. 6. 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. c. The project owner shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a residential and/or commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval, if required, by the North Andover Fire Department. Plans and hydraulic calculations for eachresidential and/or commercial system must also be supplied to the Building Department. d. _ The applicant, its employees, successors or assigns, shall be obligated to become a participating member of the Merrimack Valley Transportation Management Association (MVTMA), subject to payment of all dues and other obligations of membership and such membership shall apply to all phases of this project. The applicant, its successors or assigns, shall remain a member for a 5 RCG North Andover Mills, LLC. — Phase II.A Site Plan Review Special Permit Conditional Approval May 20, 2008 period of two (2) years commencing within six (6) months after the date this Decision is recorded and shall be required to file a declaration stating such membership is current on or before January 15a' annually to the Planning Department. Information regarding the MVTMA can be obtained from the Planning Department. If the applicants, its employee's successors or assigns are required to comply with a substantial increase in the fees required by the MVTMA, or other unforeseen complications relative to their required membership in the MVTMA or obligations therefore shall arise, the applicants, its employees, successors or assigns shall have the opportunity to appear before the Planning Board. The Planning Board shall then determine whether or not such required membership in the MVTMA shall continue. 7. DURING CONSTRUCTION: a. During construction, the site must be kept clean and swept regularly throughout the construction process. Dust mitigation, dewatering and roadway cleaning must be performed weekly, or more frequently as dictated by site and weather conditions and as directed by the Town Planner. b. The plans for the stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Town Planner. The developer will make every effort to locate stockpiles on the site and away from abutting residential properties. Any approved piles must remain covered at all times to minimize potential dust and the project owner will be required to install appropriate erosion control measures. c. In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that will emanate sounds from the structures or site. d. The Town Planner will perform monthly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 8. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a. The Applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the .Planning Board. For :purposes of Phase H.A and the construction of residential units, said letter may be submitted in reference to single or multiple units. Alternatively, the Applicant and/or property 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 pgrmit the completion of the landscaping prior to the use of the parking area. b. The Planning Staff shall approve all new artificial lighting used to illuminate the site. All new 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 a site lighting plan for any new site lighting. Any changes to the approved lighting .plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. The Applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, Iighting and site layout substantially comply with the Plans referenced at the end of this decision as endorsed by E RCG North Andover Mills, LLC. — Phase II.A Site Plan Review Special Permit Conditional Approval May 20, 2008 the Planning Board. All site lighting shall provide security for the site and structures, however, it must not create any glare or project any light onto adjacent residential properties. c. The residential and/or commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code., Certification that the systems have been installed properly in accordance with the above referencd regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The Applicant must then provide this certification to the North Andover Planning Department. d. Any and all signage plans for the site, which have been provided to the Planning Board during the site plan review process, were presented for the purpose of demonstrating signage materials only. Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw, as amended, and must be approved by the Building Department. In no way is the Project Owner to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. All additional permits must be obtained by the Project Owner prior to construction. 9. "PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS a. The Planning Staff shall review the site. Any additional screening or buffering measures 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 structures and facilities must be submitted to the Planning Department. The Applicant must submit a letter from the architect and engineer of the project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. . 10. All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 11. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die shall be replaced immediately by the owner (if seasonally feasible). All plantings and screening depicted on the approved plans shall remain in perpetuity over the life of the project. Reasonable substitutions may be allowed as determined by the Town Planner, but size and coverage must be maintained throughout the duration of the project. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 14. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 15. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 7 RCG North Andover Mills, LLC. — Phase ILA Site Plan Review Special Permit Conditional Approval May 20, 2008 16. 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. 17. The Owner will haul any required snow off-site to the extent that such accumulated snow interferes with parking and access on the Property. 18. Truck deliveries for goods and merchandise for the retail uses shall occur only between the hours of 6 a.m. and 9 p.m. seven days a week. Trash pickup from the dumpster shall be limited to between the hours of 7:00 am to 9 pm., seven days a week. The dumpster and dumpster enclosure shall remain closed except when trash deposit, removal and pickup operations are being conducted. 19. The Planning Board requires that the project be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings and in strict accordance with all conditions contained herein. Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 20. This Special Permit approval shall be deemed to have lapsed after May 20, 2010 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 21. The following information shall be deemed part of the decision: Report titled: Application for Definitive Plan Approval for Planned Development District (PDD) Special Permit — Phase IIA Prepared for.: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Prepared by: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Dated: Received January 18, 2008, Revised May 15, 2008 Attachements: A through G Report titled: Drainage Report for East Mill Phase IIA North Andover, MA Prepared for: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Prepared by: Design Consultants, Inc. 265 Medford Street Somerville, MA 02143 Dated: Received February 2008, Revised 3/3/08, 4/8/08 9 RCG North Andover Mills, LLC. — Phase ILA Site Plan Review Special Permit Conditional Approval May 20, 2008 APPEAL: Any person aggrieved by this Decision by the Planning Board, if any, may file an appeal of this Decision by bringing an action within twenty (20) days after the Decision has been filed in the Office of the Town Clerk pursuant to Section 17 of Mass. Gen. Laws Chapter 40A. cc: Town Departments Applicant Engineer Abutters f1 rQ �iT ' V y PLANNING DEPARTMENT Community Development Division RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 January 18, 2008 RE: RCG North Andover Mills, LLC. Phase H - Preliminary Planned Development District Special Permit 2098 JAN 22 PH �: 17 7t,".`;', laUTla tNl 4 1 ,E;a MASS At its January 15, 2008 meeting, the Planning Board herein approved the second phase of a multi -phased, mixed-use development referred to as the East Mill, located on 21 High Street (formerly known as One High Street) and includes the redevelopment and conversion of 65,000 s.f. of existing buildings to 50 l- and 2 -bedroom apartments to be located on the ground floor of Building No. 3A, and upper floors of Buildings 1, IA, 3, 3A, and 32, with an address of 120 Water Street, renovation of 50,000 s.f. of existing space for commercial uses allowed in the Planned Development District, construction of 39 -unit residential building located adjacent to the existing mill pond, construction of 98 new one- and two- bedroom residential units proposed to be located on and adjacent to the existing structured parking garage, streetscape and associated improvements to the parking areas and landscaping as shown on the site plans and materials listed below. The parcel is designated on the Town Assessor's Map 69, Lot 0001 with the vast majority of the site located within the Industrial S Zoning District and a small portion of the site located in the Residential 4 Zoning District. The application was. submitted by David Steinbergh, RCG North Andover Mills, LLC, on October 19, 2007. Findings of Fact The Planning Board makes the following findings relative to this proposed Preliminary Planned Development District plan: 1. On October 2, 2007, the Planning Board previously approved Phase I of the project, which included the renovation of 35,000 s.f. of existing office space to 15,000 s.f. of retail space and twenty (20) l- and 2 -bedroom apartments and streetscape and other improvements (collectively, the "Phase I Project") pursuant to a Planned Development District Special Permit, dated October 12, 2007, recorded with the Essex North District Registry of Deeds in Book 10993, Page 46, as well as a Site Plan Review Special Permit, dated October 12, 2007, and recorded with said Deeds in Book 10993, Page 52. 2. On October 9, 2007, the Applicant filed an application for Preliminary Approval of a Planned Development District pursuant to Section 11.0 of the North Andover Zoning Bylaw for the second phase of the redevelopment project at East Mill, which is proposed to be located on the Property (the "Phase II Project"). JAN L ` 1600 Osgood Street, North Andover, Massachusetts 01845 BOARD OF A'H_-ALS Phone 918.688.9535 Fax 918.688.9542 Web www.townofoorthandover.com 5 3. The Preliminary Plan adheres to the standards and requirements indicated in. Section 11.3.2 Contents of Preliminary Plan of the Town of North Andover Zoning Bylaw Amended July 10, 2006. a. The Plans correctly show the Planned Development Boundaries, north point, date, scale, legend, and title "Preliminary Plan: Planned Development:" the name or names of applicants, and engineer or designer. b. The Plans correctly show the names of all abutters, land uses, and approximate location and width of all adjacent streets. c. The Plans correctly show the existing and proposed lines of streets, ways, easements, and of any public areas within or next to the Planned Development. d. The Plans correctly show the approximate boundary lines of existing and proposed lots with approximate areas and dimensions. e. The Plans correctly show the proposed system of drainage, including adjacent existing natural waterways and the topography of the land in a general manner. f. The Plans correctly show the existing and proposed buildings, significant structures and proposed open space in a general manner. g. The Plans correctly analyze the natural features of the site, including wetlands, floodplains, slopes over 12%, soil conditions, and other related features. h. The Plans correctly show the description of the neighborhood in which the tract lies, including utilities and other public facilities and the general impact of the proposed PDD upon them. 4. The Preliminary Plan adheres to the standards and requirements indicated in Section 11.4 Minimum Requirements of the Town of North Andover Zoning Bylaw Amended July 10, 2006. a. The project will provide for a mixture and diversity of retail, residential, and other uses which will enhance, the livability and aesthetic qualities of the Machine Shop Village and neighboring downtown areas. Further, the project will promote the efficient use of land while protecting the natural environment. b. The project will utilize existing vehicular entries and exits and on-site parking areas, which will result in no hazard to vehicles and pedestrians. c. Adequate parking facilities exist for the proposed uses as part of the project. d. The project will be located primarily within the existing buildings. As such, there will be no visual impacts, which would be incompatible with the historic nature of the neighborhood. e. The project will have no impact on the natural environment. 5. On November 26, 1984, the Zoning Board of Appeals issued a Special Permit (the "1984 ZBA Special Permit") under Section 4.1.1(3) of the Zoning Bylaw to permit the extension of the I -S Zoning District into the R-4 Zoning District to permit the construction of a structured parking deck of no more than a total of two levels. Specifically, Condition No. 2 of the 1984 ZBA Special Permit provides that the parking structure "be restricted to no more than a total of two (2) levels (ground level plus one)." The Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements listed in Section 11.3 subject to the following conditions. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: General Conditions: While the Planning Board is generally satisfied with the proposed renovations to the existing buildings and related landscaping and parking improvements described as part of the Master Plan for the Phase II Project, the Board has expressed concerns with the exterior architectural design of the proposed 39 -unit residential building, as well as the exterior architectural design and layout of the proposed 98 -unit residential building. All exterior architectural designs involving Phase II of this project shall be resolved as part of the definitive plan process. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Gl 2. The Applicant may proceed to file for Definitive Approval of a PDD Special Permit in one or more phases generally based upon the materials and plans described below. For example, the Applicant may decide to apply for an Definitive Approval of a PDD Special Permit for uses proposed within existing buildings, but may decide to defer an application for Definitive Approval of a PDD Special Permit for the 39 -unit residential building and/or the 98 -unit residential building to a later phase. Should the applicant apply for Definitive Approval of a PDD Special Permit for a particular phase which includes the proposal for the 98 -unit residential building to be located on and/or adjacent to the existing structured parking garage, the Applicant shall demonstrate to the satisfaction of the Planning Board that (either through a rezoning, a written determination by the. Building Inspector, or otherwise) any existing restrictions on the proposed build out of said residential building, including Special Condition No. 2 of the 1984 ZBA Special Permit are not applicable to said 98 -unit building proposed as part of an application for Definitive Approval of a Planned Development District Special Permit. As the applicant followed the procedures and provided the information required by the Sections 11.3 and 11.4 by the Findings of Fact the Planning Board herein APPROVES this application with the exceptions noted in above for a Preliminary Planned Development District Special Permit. 1. The following materials and plans are included as part of this decision: Reports titled: Application for Preliminary Plan Approval for Planned Development District Reports titled: Traffic Impact Assessment "East Mill" North Andover, MA November 2007 Prepared for: RCG North Andover Mills, LLC 17 Ivaloo Street Somerville, MA 02143 Prepared by: Design Consultants, Inc. 265 Medford Street Somerville, MA 02143 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9535 Fax 918.688.9542 Web www.townofnorthandover.com J (PDD) Special Permit — Phase II Prepared for: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Prepared by: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Dated: October 19, 2007 Appendix: A - J Plan titled: North Andover Mills Prepared for: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Prepared by: Khalsa Design, Inc. 17 Ivaloo Street Somerville, MA 02143 Dated: June 15, 2007 Sheets: A-020, A-103, A-103.5; A-105 Reports titled: Traffic Impact Assessment "East Mill" North Andover, MA November 2007 Prepared for: RCG North Andover Mills, LLC 17 Ivaloo Street Somerville, MA 02143 Prepared by: Design Consultants, Inc. 265 Medford Street Somerville, MA 02143 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9535 Fax 918.688.9542 Web www.townofnorthandover.com J Dated: November 2007 cc: Planning Department Town Clerk Building Department 2003 JAN 22 PH 44 17 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com 1. t RCG North Andover Mills, LLC. - Phase I " Special Permit - Planned Development District Conditional Approval RECEIVED Town of No Td'a'dH "LERhK,' OF IC North Andover Office of the Planning DeparffikMT 15 PM 4, 14 Community Development and Services Di*ion 1600 Osgood Street KORT H A NII D O V E R, North Andover, Massachusetts 01M SS ACn"Y' �E e T �, NOTICE OF DECISIO Bldg. ZBA Con/Com Health Any appeal shall be filed Fire Chief Police Chief within (20) days after the Town Clerk DPW/Engineers date of fling this notice in the office of the Town Clerk. Date: October 15, 2007 Date of Hearing: 9/18/07,10/2/07 Date of Decision: October 12, 2007 Application of: RCG North Andover Mills LLC c/o RCG, LLC 17 Ivaloo Street, Suite 100 Somerville, Massachusetts 02143 Premises Affected: 21 High Street, North Andover, MA 01845, within th4 Industrial S Zoning District, Assessors Map 69, Parcel 1, and Map 68, Parcel 10. Referring to the above Application for Planned Development District Special Permit under the requirements of the North Andover Zoning Bylaw, Sections 11; 10.3, and 10.31 and MGL C.40A, Sec. 9 so as to allow for the construction of Phase I of a mixed-use development which includes the conversion of 35,000 square feet of existing office space to 15,000 square feet of retail/office space, and 20,000 square feet into a total of twenty (20) apartments consisting of a mix of both 1- and 2 -bedroom units, landscape work, streetscape improvements, and other improvements as described in the "Plans" cited below. After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE A PLANNED DEVELOPMENT DISTRICT SPECIAL, PERMIT based upon the following conditions: N C E� Cfi I D OCT 2 61007 BOARD OF APPEALS orth Andover Plan ' Board Richard Nardella, Chairman John Simons, Vice Chairman Jennifer Kusek, regular member Tim Seibert, alternate member ,vim, u, .u,uuvc, ivluis, Ll l . — rnase i _ 'Special Permit - Planned Development District Conditional Approval 7r^CFIVED , T 0'67 C `.EP�"''" 0Fr {CE 2007 OCT 15 PM 4: 14 The Planning Board hereby APPROVES the Planned Development District Special P.. of a -mixed-use development which includes. the conversion of 35,000 square feet of exi 15,000 square feet of retail space and twenty 1- and 2 -bedroom apartments, landscape work,k vstreet scape P p p improvements, and other improvements as described in the "Plans" cited below. This special permit was requested by RCG North Andover Mills LLC, 17 Ivaloo Street, Somerville, MA 02143 on August 17, 2007. RCG North Andover Mills LLC submitted a complete application on August 17, 2007. The application was noticed and reviewed in accordance with the procedures for approval described. in Section 11, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40, sec. 9. The area affected is located at 21 High Street, Map 69 Parcel 1 and Map 68, Parcel 10 totaling approximately 986,867 square feet and located in the I -S Zoning District. The Planning Board makes the following findings as required by the Town of North Andover Zoning Bylaw, Sections 10.3, 10.31, and 11. 1. Since the project proposes uses that are to be located at existing buildings, there will be no visual impacts that would be incompatible with the historic nature of the neighborhood. 2. The project will have no impact on the natural environment. The Planning Board also makes findings under Section 11.2 of the Zoning Bylaw that this PDD is in harmony with the general purpose and intent of the Bylaw, including Sections 11.2 and 10.3, and that the PDD provides for a mixture of land usage at designated locations at greater density and intensity than would normally be allowed. In particular, the Planning Board finds that this project: 1. Does not detract from the livability and aesthetic qualities of the environment. The project will provide for a mixture and diversity of retail, residential and other uses which will enhance the livability and aesthetic qualities of the Machine Shop Village and other neighboring downtown areas. Further, the project will preserve the existing architectural style of the mill buildings. 2. The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw. The proposed uses are permitted under the PDD provisions of the Zoning Bylaw, and will serve to provide a mix of uses consistent with the Town's objectives in the Machine Shop Village area. The project will return a portion of a largely vacant and underutilized property back into productive use. Further, the proposed uses will further provide for pedestrian amenities to complement the surrounding uses. The project will enhance the aesthetics of the property with new streetscape amenities, landscaping, and screening. 3. Promotes more efficient use of land while protecting natural resources, such as water resources, wetlands, floodplains and wildlife. Phase I of the project include the renovation of existing buildings and will have no impact on the natural environment. 4. Promotes diverse, energy-efficient housing at a variety of costs within North Andover's downtown. 2 RCG North Andover Mills, LLC. — Phase I Special Permit - Planned Development District Conditional Approval Finally, the Planning Board finds .that the Planned Development District complies with Town Bylaw requirements so long as the applicant complies with the following conditions: 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. The Environmental Monitor shall make inspections as determined necessary by the Town Planner to. assure compliance with this decision. The monitor shall meet with the Town Planner at appropriate intervals and file monthly written reports to the Planning Board detailing areas, if any, of non-compliance with approved plans and conditions of the site.plan approvals. 2. 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 and other off-site construction. Off-site erosion in relation to the streetscape improvements will be a basis for the Planning Board making a finding that the project is not in compliance with the plan. SPECIAL CONDITIONS: 3. Prior to endorsement of the plans (described in Paragraph 3.c.(2) through (6) below)(the "Final Plans") by the Planning Board and recording the same .with the Registry of Deeds, the Applicant shall adhere to the following: a) The applicant shall post (per agreement with the North Andover Planning Board) a Site Opening Bond in the amount of five thousand ($5,000) to be held by the Town of North Andover. The Guarantee shall be in the form of a check made payable .to the Town of North Andover escrow account. This amount shall cover any contingencies that might affect the public welfare such as site -opening, clearing, erosion control and performance of any other condition contained herein, prior to the posting of the Performance Security as described in Condition 6b of this Conditional Approval. This Performance Guarantee may at the discretion of the Planning Board be rolled over to cover other bonding considerations, be released in full, or partially retained in accordance with the recommendation of the Planning Staff and as directed by the vote of the North Andover Planning Board. b) Any new conservation easements relative to the Project must be supplied to Planning Staff and reviewed and approved by Town Counsel. c) For purposes of this Decision, the Planning Board Approves the following building designs as depicted in the following "Plans" as follows: 1) An existing conditions survey entitled "ALTA/ACSM Land Title Survey, Water St. and High St., North Andover, MA," dated January 8, 2007, prepared by Coneco; 2) Set of definitive plans, consisting of four sheets, .entitled "Definitive Plan: Planned Development, East Mill," dated August 13, 2007, prepared by Design Consultants, Inc.;a set of residential unit plans, consisting of three sheets, entitled "North Andover Mills," dated August -16, 2007, prepared by Khalsa Design, Inc., including: Third Floor Plan, Bldg. 3A .RCG North Andover Mills, LLC. — Phase I Special Permit - Planned Development District Conditional Approval (Dwg. A-103), Third Floor Plan , Bldg. 11 (Dwg. No. A-103.5), and Fifth Floor Plan , Bldg. 11 (Dwg. No. A-105), 3) An elevation plan entitled "Building 11 Elevation Plan, North Andover Mills," dated August 16, 2007, prepared by Khalsa Design, Inc. (Dwg. No. A-300); 4) A set of floor plans, consisting of two sheets, entitled `Bast Mill, North Andover," dated June 14, 2007, prepared by Burt, Hill, consisting of Building 1 First Floor (Dwg. No. ASK -01), and Building 1, Second Floor (Dwg. No. ASK -02); 5) A roadway and landscaping plan entitled "Landscaping and Street Improvement Plan — East Mill," dated September 27, 2007, prepared by Design Consultants, Inc.; 6) A plan entitled "Open Space Plan — East Mill," dated September 26, 2007; prepared by Design Consultants, Inc.; and, 7) A set of wall and freestanding sign plans, consisting of three sheets, entitled "East Mill,"dated August 29, 2007, prepared by Barlo Signs, Inc. 4. Recording of Decision and Plans: Prior to the issuance of a Building Permit, a copy of this Decision, including the Phased Development Schedule attached hereto, shall be recorded with the Final Plans, and one certified copy of the recorded decision and Final Plans must be submitted to the Planning Department. 5. Prior to 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. 6. Throughout and During Construction: a) Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner, throughout the construction process. b) Street sweeping must be performed, at least once per month, throughout the construction process, or more frequently as directed by the Town Planner. c) Hours of operation during construction are limited from 7 a.m. to 5 p.m., Monday through Friday and 8 a.m. — 5 p.m. on Saturdays. 7. Prior to the issuance of a building permit: a) A Performance Guarantee in an amount to be determined by the Planning Board, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include, but shall not be limited to: i) as -built drawings; ii) sewers and utilities 4 .RCG North Andover Mills, LLC. — Phase I Special Permit.- Planned Development District Conditional Approval iii) roadway construction and maintenance iv) lot and site erosion control v) site screening and street trees vi) drainage facilities vii) site restoration viii) final site cleanup c) The applicant shall adhere to the following requirements of the Fire Department and the Building Department: i. All structures must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department when applying for a building permit. d) The applicant must comply with the Section 4.2 of the Town of North Andover Zoning Bylaw. e) An as -built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer design. f) The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner and the Department of Public Works an interim as -built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. g) The applicant is required to pay sewer mitigation fees in accordance with the current and prescribed policies at the Department of Public Works. These fees are based on the number of bedrooms. Proof of payment must be supplied to the Planning Department. 8. Prior to verification of a Certificate of Occupancy. a) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department. All structures must contain a residential fire sprinkler system. The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building. Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 9. \ Prior to final release of security: a) The Planning Staff shall review the site. Any screening as . may be reasonably required by the Planning Staff will be added at the applicant'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 and reviewed by the Planning Staff and the Division of Public Works. 5 RCG North Andover Mills, LLC. — Phase I W . Special Permit - Pftinned Development District Conditional Approval 10. If applicable, tree cutting shall be kept to a minimum throughout the project to minimise erosion and preserve the natural features of the site. 11. The Applicant has filed with the Planning Office an Open Space Plan along with a form of Conservation Restriction encompassing an area meeting the Usable Open Space requirements under Section 11.5 of the Zoning Bylaw. Such Conservation.Restriction shall be executed by the Applicant and held by the Planning Board in escrow until such time as the improvements proposed on the Property (including those improvements related to Phase I, Phase II, and such other phases approved by the Planning Board) are substantially completed, and the final terms of the Conservation Restriction are satisfactorily agreed upon by the Applicant and Planning Board prior to the recording of the same. 12. This special permit approval shall be deemed to have lapsed after October 2, 2009 (two years from .the date permit granted) unless substantial construction of roadway and utilities has commenced. 13. The provisions of the Special Permit shall apply to and be binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control. 14. The developer shall implement and follow all requirements set forth in this decision (conditions 1-12) and the plans and reports, referenced below. Failure to comply with all requirements therein and the conditions of this approval shall be the basis for the Planning Board, voting by majority vote, to stop all site work and construction until defects on the site are corrected and the development is put back into plan compliance. Plan compliance will be solely determined by a majority vote of the Planning -Board based upon the developers written comments and the conditions contained herein. 15. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination by the Board whether such changes would merit a public meeting or hearing and/or Special Permit modification. 16. The following materials and plans are included as part of this decision: Report titled: Application for Definitive Plan Approval for Planned Development District C (PDD) Special Permit Prepared for: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Prepared by: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA. 02143 i Dated: August 17, 2007, Revised September 27, 2007 - o Appendix: A - K �'' cn _= a c7 - ` �7 APPEAL: Any person aggrieved by this Decision by the Planning Board, if any, ma ne anal 6KM this Decision by bringing an action within twenty (20) days after the Decision has been a&:Iii the Offi6E of the Town Clerk pursuant to Section 17 of Mass. Gen. Laws Chapter 40A. rri M '70 -n cc: Applicant Engineer File C µORT"r� L`n r LJ Town of North Andover 10 ;' � r'j ;-R �L i n * -.Office of the Planning DepartmejtU7 OST 15 M �, ` i' �4 .r , Community Development and Services Division r y�S ,,�.� E�� 1600 Osgood Street a :: SACHU sq tC W North Andover, Massachusetts 0184. NORTH AP�u�'tF� MASSAC�r'JSLT T S Any appeal .shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. NOTICE OF DECISION Date: October 15, 2007 Date of Hearing: 9/18/07,10/2/07 Date of Decision: October 12, 2007 Application of: RCG North Andover Mills LLC do RCG, LLC 17 Ivaloo Street, Suite 100 Somerville, Massachusetts 02143 Premises Affected: 21 High Street, North Andover, MA 01845, within the Industrial S Zoning District, Assessors Map 69, Parcel 1, and Map 68, Parcel 10. Referring to the above Application for a Site Plan Review 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 for the construction of Phase I of a mixed-use development which includes the conversion of 35,000 square feet of existing office space to 15,000 square &d of retail/office space, and 20,000 square feet into a total of twenty (20) apartments consisting of a mix of both 1- and 2 -bedroom units, landscape work, streetscape improvements, and other improvements as described in the "Plans" cited below. After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE A SITE PLAN SPECIAL PERMIT based upon the following conditions: 01 North Andover Planning Board Richard Nardella, Chairman John Simons, Vice Chairman Jennifer Kusek, regular member Tim Seibert, alternate member XUU N orth Andover Mills, LLC. - Phase I Site Plan Review Special Permit Conditional Approval October 12, 2007 r'EDEIVED TO `" ri ICE 2007 OCT 15 PM 4: 1 4 OR T H y,;i r-- The Planning Board hereby unanimously APPROVES the Site Plan Special ?]1' �T of a mixed-use development which includes the conversion of 3.5,000 square feet of existing o`lffl�*g pace to 15,000 square feet of retail/office space, and 20;000 square feet into a total of twenty (20) apartments consisting of a mix of both 1- and 2 -bedroom units, landscape work, streetscape improvements, and other, improvements as described in the "Plans" cited below. This Application for Special Permit was filed by RCG North Andover Mills LLC, 17 Ivaloo Street, Somerville, MA 02143 on August 17, 2007. The area affected is located at 21 High Street, Map 69 Parcel 1 and Map 68, Parcel 10 totaling approximately 986,867 square feet and located in the I -S Zoning District. The Applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Applicant has filed with the Planning Board all plans and reports required under the North Andover Zoning Bylaws, including but not limited to the information required under Section 8.3 and 10.31 of the North Andover Zoning Bylaws. During the review process, the Applicant and its professional consultants also submitted various revisions .to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3, as well as Section 9 of M.G.L. c. 40A: 1. The specific site is an appropriate location for a Planned Development District (PDD) as it is located in the I -S Zoning District and the PDD plan meets the minimum requirements required by Section 11.4 of the Town of North Andover Zoning Bylaw. 2. The use as developed will not adversely affect the neighborhood as this site is located in the Industrial -S. Zone and within the Machine Shop Village overlay district. Further, the Project provides appropriate building, landscaping, and screening setback from adjacent properties. There will be no change in architectural style of existing buildings, and the use is suited for its proposed location in proximity to the downtown and abutting residential, commercial and retail uses. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant submitted a traffic study to the Planning Staff and Division of Public Works and the study was found to be accurate and sufficient for the proposed project. The Project will use existing vehicular entries and exists, as well as onsite parking areas, which will result in no hazard to vehicles and pedestrians. The applicant has incorporated street improvements to be located along High Street and coordinated with the Division of Public Works. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will be on town water and sewer and has been determined acceptable by the Department of Public Works. 2 RCG North Andover Mills, LLC. — Phase I Site Plan Review Special Permit Conditional Approval October 12, 2007 5. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw. 6. The site drainage system has been reviewed by the Division of Public Works. No significant changes are proposed for the site regarding drainage facilities or impervious areas. 7. The Applicant has met the requirements of the North Andover Zoning Bylaw for Site Plan Review, including all filing requirements as stated in Sections 8.3, 10.3 and 10.31 of the Zoning Bylaw. 8. Adequate and appropriate facilities will be provided for the proper operation of the proposed use, and the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will provide for municipal water, sewer and utilities on the property to adequately address the needs of the project. Finally the Planning Board finds that this project complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3, 10.3 and 10.31 but requires conditions in order to be fully in compliance. The Planning Board hereby unanimously votes to both grant the requested waivers as described in the Applicant's application, and also unanimously votes to grant approval of the Applicant's proposed project as described in the "Plans" and other supporting information described in the public record, provided the following conditions are met: SPECIAL CONDITIONS: 1. Permit Definitions: a) The ."Locus" refers to the 986,867 s.f. of land with frontage on High Street and Water Street, as shown on Assessors Map 99, Parcel 1, and Map 68, Parcel 10, and also known as 21 High Street and 120 Water Street, North Andover, Massachusetts. b) The "Plans" refer to the plans as follows: 1) An existing conditions survey entitled "ALTA/ACSM Land Title Survey, Water St. and High St., North Andover, MA," dated January 8, 2007, prepared by Coneco; 2) Set of definitive plans, consisting of four sheets, entitled "Definitive Plan: Planned Development, East Mill," dated August 13, 2007, prepared by Design Consultants, Inc.; 3) A set of residential unit plans, consisting of three sheets, entitled "North Andover Mills," dated August 16, 2007, prepared by Khalsa Design, Inc., including: Third Floor Plan, Bldg. 3A (Dwg. A-103), Third Floor Plan , Bldg. 11 (Dwg. No. A-103.5), and Fifth Floor Plan, Bldg. 11 (Dwg. No. A-105); 4) An elevation plan entitled "Building 11 Elevation Plan, North Andover Mills," dated August 16, 2007, prepared by Khalsa Design, Inc. (Dwg. No. A-300); 5) A set of floor plans, consisting of two sheets, entitled "East Mill, North Andover," dated June 14, 2007, prepared by Burt, Hill, consisting of Building '1 First Floor (Dwg. No. ASK -01), and Building 1, Second Floor (Dwg. No. ASK -02): 3 RCG North Andover Mills, LLC. - Phase I Site Plan Review Special Permit Conditional Approval October 12, 2007 6) A roadway and landscaping plan entitled "Landscaping and Street Improvement Plan - East Mill," dated September 27, 2007, prepared by Design Consultants, Inc.; 7) A plan entitled "Open Space Plan - East Mill," dated September 26, 2007, prepared by Design Consultants, Inc.; and, 8) A set of wall and freestanding sign plans, consisting of three sheets, entitled "East Mill," dated August 29, 2007, prepared by Barlo Signs, Inc. c) The "Project". or "East Mill - Phase r, refers to construction of Phase I of a mixed-use development which includes the conversion of 35,000 square feet of existing office space to 15,000 square feet of retail/office space, and 20,000 square feet into a total of twenty (20) apartments consisting of a mix of both 1- and 2 -bedroom units, landscape work, streetscape improvements, and other improvements as described in the Plans; d) The "Applicant" refers to RCG North Andover Mills LLC, the applicant for the Special Permit. e) 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. 2. Environmental Monitor: 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. The Environmental Monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products if applicable. 3. Construction Monitor: 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 areas of non- compliance and actions taken to resolve such issues. The designated monitor may not be applicant and/or developer. The weekly inspections and monthly reports provided to the Planning Department shall include the following: a) Site clearing; b) Erosion control; c) Drainage and detention structures; d) On-site water and sewer utilities; e) Parking spaces and -related pavement; f) Curb cuts; g) Retaining walls; h) Site screening, landscaping and street trees; i) Site restoration; j) Final site cleanup; and k) Temporary storage of construction debris, dirt, and equipment. 4. PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: Ll RCG North Andover Mills, LLC. — Phase I Site Plan Review Special Permit Conditional Approval October 12, 2007 a) The final plans described in Paragraph l .b(2) through (6) (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 shall be modified to include a Planning Board endorsement block and must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. Failure to submit and obtain Planning Board endorsement within the 90 -day period will automatically cause the approval to become null and void. 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. Written confirmation of said review and approval by the Department of Public Works must be submitted to the Planning Department. c) A bond in the amount of five thousand ($5,000) dollars must 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, topography, and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The form of security must be acceptable to the Planning Board. d) All site plan application and escrow fees must be paid in full and verified by the Town Planner. 5. 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) A pre -construction meeting must be held with the developer, their construction employees, Planning Department, Building Department, Town Engineer, and Police Department to discuss scheduling of inspections,, the construction schedule, and the process/method of informing the public of the anticipated activities on the site. The applicant will also discuss the traffic mitigation and any possible road closures, which may occur as a result of the construction. The applicant will coordinate with the North Andover Police Department if the construction of the project necessitates Police traffic details. Minutes of the meeting must be submitted to the Planning Board prior to the start of construction. e) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all other North Andover Land -Use Boards or departments. In addition to receipt of these plans, the Applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans. 5 RCG North.Andover Mills, LLC. — Phase I Site Plan Review Special Permit Conditional Approval October 12, 2007 6. 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. c) The project owner shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval, if required, by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 7. DURING CONSTRUCTION: a) During construction, the site must be kept clean and swept regularly throughout the construction process. Dust mitigation, dewatering and roadway cleaning must be performed weekly, or more frequently as dictated by site and weather conditions and as directed by the Town Planner. b) The plans for the stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Town Planner. c) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that will emanate sounds from the structures or site. d) The Town Planner will perform monthly inspections of the site during construction to ensure that the. developer is adhering to the conditions set forth in the decision. 8) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) The Applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the Applicant and/or property 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 new artificial lighting used to illuminate the site. All new 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 a site lighting plan for any new site lighting. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. The Applicant must submit a letter from the architect .and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the Plans referenced at the end of this decision as endorsed by the Planning Board All site lighting shall provide security for the site and structures, however, it must not create any glare or project any light onto adjacent residential properties. 0 RCG North Andover Mills, LLC. — Phase I Site Plan Review Special Permit Conditional Approval October 12, 2007 C) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The Applicant must then provide this certification to the North Andover Planning Department. d) Any and all signage plans for the site, which have been provided to the Planning Board during the site plan review process, were presented for the purpose of demonstrating signage materials only. Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw, as amended, and must be approved by the Building Department. In no way is the Project Owner to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. All additional permits must be obtained by the Project Owner prior to construction. e) The Applicant shall make a written request to the Board of Selectmen for approval to change the "No Parking" designation currently located on the east side of High Street to "One Hour Parking" or other requested parking limitations, and that appropriate modifications to the signage shall be made .based upon the Board of Selectmen's determination, which shall take into consideration the recommendations of the Police Department and the Department of Public Works, if any. f) The Applicant shall install two additional "Stop" signs at the intersection of Elm, Water and High Streets, along with appropriately located "Stop Ahead" signs in order to create a 4 -way stop configuration at this intersection, all as shown on the Plans. Such change to the existing "Stop" sign configuration located at the intersection of Elm, High and Water Streets shall be approved by the Board of Selectmen which shall consider the recommendations of the Police Department and the Department of Public Works, if any. If the Board of Selectmen do .not approve such changes, then the Applicant shall not be obligated to install the proposed "Stop" sign improvements shown on the Plans. 9. PRIOR TO THE FINAL RELEASE OF ALL SECURITY 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 structures and facilities must be submitted to the Planning Department. The Applicant must submit a letter from the architect and engineer of the project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board 10. All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 11. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die shall be replaced immediately by the owner (if seasonally feasible). All plantings and screening depicted on the approved plans shall remain in perpetuity over the life of the project. F RCG North Andover Mills, LLC. — Phase I Site Plan Review Special Permit Conditional Approval October 12, 2007 Reasonable substitutions may be allowed as determined by the Town Planner, but size and coverage must be maintained throughout the duration of the project. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 14. No open. burning shall be done except as is permitted during .burning season under the Fire Department regulations. 15. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 16. 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 17. The Owner will haul any required snow off-site to the extent that such accumulated snow interferes with parking and access on the Property. 18. Truck deliveries for goods and merchandise for the retail uses shall occur only between the hours of 6 a.m. and 9 p.m. seven days a week. Trash pickup from the dumpster shall be limited to between the hours of 7:00 am to 9 pm., seven days a week. The dumpster and dumpster enclosure shall remain closed except when trash deposit, removal and pickup operations are being conducted. 19. The Planning Board requires that the project be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings and in strict accordance with all conditions contained herein. Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be substantialas as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 20. This Special Permit approval shall be deemed to have lapsed after October 2, 2009 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 21. The following information shall be deemed part of the decision: Report titled: Application for Definitive Plan Approval for Planned Development District (PDD) Special Permit Prepared for.. RCG North Andover Mills, LLC. 17 Ivaloo Street. Somerville, MA 02143 Prepared by: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Dated: August 17, 2007, Revised September 27, 2007 Appendix: A - K L RCG North Andover Mills, LLC. — Phase I Site Plan Review Special Permit r Conditional Approval October 12, 2007 APPEAL: Any person aggrieved by this Decision by the Planning Board, if any, may file an appeal of this Decision by bringing an action within twenty (20) days after the Decision has been filed in the Office of the Town Clerk pursuant to Section 17 of Mass. Gen. Laws Chapter 40A. cc: Town Departments Applicant Engineer Abutters H ca C= C=). -41 �pORTh�` rt -a 01 CEIVED -9 9SSacKus�; t' t Or 1� NORTh PLANNING DEPAR"Fli:1vE S Community Development Division RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 August 7, 2007 RE: RCG North Andover Mills, LLC. Preliminary Planned Development District Special Permit Bldg. Con/Com Fire Chief Town Clerk ZBA Health Police Chief DPW/Engineers At the August 7, 2007 Planning Board Meeting, the Planning Board approved the conversion of approximately 35,000 s.f of existing office space to 15,000 s.f of retail space and twenty (20) l- and 2 -bedroom apartments. The proposal represents the first phase of a multi -phased mixed-use development referred to as the East Mill, located on 21h Street (formerly known as One High Street) and designated on the Town Assessor's Map 9, Lot 0001 in the Industrial S Zoning District. The application was submitted by David Steinbergh, RCG North Andover Mills, LLC. on June 15, 2007. J North Andover Planning Board —' Richard Nardella, Chairman John Simons, Vice Chairman Richard Rowen, regular member Jennifer Kusek, regular member Timothy Seibert, alternate member Town of North Andover, 1600 Osgood Street, Bldg. 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com I - Findings of Fact The Planning Board makes the following findings relative to this proposed Preliminary Planned Development District plan: 1. The Preliminary Plan adheres to the standards and requirements indicated in Section 11.3.2 Contents of Preliminary Plan of the Town of North Andover Zoning Bylaw Amended July 10, 2006. a. The Plans sufficiently show the Planned Development Boundaries, north point, date, scale, legend, and title "Preliminary Plan: Planned Development:" the name or names of applicants, and engineer or designer. b. The Plans show the names of all abutters, land uses, and approximate location and width of all adjacent streets. c. The Plans show the existing and proposed lines of streets, ways, easements, and of any public areas within or next to the Planned Development. d. The Plans show the approximate boundary lines of existing and proposed lots with approximate areas and dimensions. e. The Plans show the proposed system of drainage, including adjacent existing natural waterways and the topography of the land in a general manner. f. The Plans show the existing and proposed buildings, significant structures and proposed open space in a general manner. g. The Plans show the a description of the neighborhood in which the tract lies, including utilities and other public facilities and the general impact of the proposed PDD upon them. 2. The Preliminary Plan adheres to the standards and requirements indicated in Section 11.4 Minimum Requirements of the Town of North Andover Zoning Bylaw Amended July 10, 2006. a. The project will provide for a mixture and diversity of retail, residential, and other uses which will enhance, the livability and aesthetic qualities of the Machine Shop Village and neighboring downtown areas. Further, the project will promote the efficient use of land while protecting the natural environment. b. The project will utilize existing vehicular entries and exits and on-site parking areas, which will result in no hazard to vehicles and pedestrians. c. Adequate parking facilities exist for the proposed uses as part of the project. d. The project will be located primarily within the existing buildings. As such, there will be no visual impacts, which would be incompatible with the historic nature of the neighborhood. e. The project will have no impact on the natural environment. As the applicant followed the procedures and provided the information required by the Sections 11.3 and 11.4by the Findings of Fact the Planning Board herein APPROVES this application for a Preliminary Planned Development District Special Permit. 3. The following materials and plans are included as part of this decision: gown of North Andover, 1600 Osgood Street, Bldg. 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Reports titled: Application for PreliminaryPlan A ro %EC iV E Pp -?,t- _. _ � lopment District (PDD) Special Permit Prepared for: RCG North Andover Mills, LLC. 2007 AUG —9 PM it: 01 17 Ivaloo Street Somerville, MA 02143 THl IH 1;,)F Prepared by: RCG North Andover Mills LLC. NORTH ANDOVER 17 Ivaloo Street MASSACHIUSETTIS Somerville, MA 02143 Dated: June 15, 2007 Appendix: A - J Plan titled: North Andover Mills Prepared for: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Prepared by: Khalsa Design, Inc. 17 Ivaloo Street Somerville, MA 02143 Dated: June 15, 2007 Sheets: A-020, A-103, A-103.5, A-105 cc: Planning Department Town Clerk Building Department Town of North Andover, 1600 Osgood Street, Bldg. 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 918.688.9535 fox 978.688.9542 Web www.townofnorthandover.com 4 '! .. 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