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HomeMy WebLinkAboutMiscellaneous - 21 HIGH STREET 4/30/2018 (8)N �� TOWN OF NORTH ANDOVER Building Department 1600 Osgood Street Building 2 -'Suite 2-36 Building Dept North Andover MA 01845 Tel: (978) 688-9545 Fax (978) 688-9542 COMPLAINT FOR INVESTIGATION DATE:�'�, o l/ TEL NAME OF COMPLAINTANT: ADDRESS.:: COMPLAINT TYPE: Electrical: Plumbing: ' Gas: .-Build nig Property Owner: Address:/ Other: Signed: f�� J Complaint Form - Revised 6.2007 A4� 'fes RECEM0 DANIEL LOP;G TOWlf CLERK NORTIi AP.90VER DEC 3 i8 ?$ AM 8q AMILM TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION ' Any appeal shall be filed within (20) days after the date of filing of this Notice In the Office of the Town Clerk. M Date .... November 2.6, 1984 Petition No...... 5 7.- ' 8.4 .......... Date of Hearing .. N o.v a m.h e r..19. , . 19 8 4 Petition of .....NQRTH..A-AQQVE2. Mll-k.S..R�A.LTY., . L.I.P:11:T.El)........................... Premises affected ..3 8 -,4 3 ..H `l g.h . S.t r. e.e t .......... . Referring to the above petition for a v&hitiau 1rbm4k6 rdqWtmdhU afxtht . S.p a c.i. a 1.. P e.r.m i t u.n.de.r . Se.ct.i.on..4.,..Pa.r.ag.r.a ph ..4...11.. ( 3.).. o.f . t.he..Zon.i.n g..By. .Law ............. -- so as to permit .the..ex.te.nsion. of, an I.-S..zo.ne into an ?-4 zone„to a,l,low, t.he. c.on.s.tr,uct.i.on..of..a. one..je-yel..pa.rking.,deck...... ......................... After a public hearing given on the above date, the Board of Appear voted to .. u.r a n,t ... the $.p e 0. a 1.. P e.r, m i .t .............. and hereby authorize the Bu' -ling Inspector to issue a permit to .. c o.n s t.r u c.t . t.h e. o. n e..1 e.v a 1.. p ax k i .n g. Ae c.k . vi, t h i. n. t h e.. l -A . z.o. n e... for the construction of the above work, based upon the following conditions: (see attached conditions) Signed F.r a n.k . S.e r i o , . A r...., . C.h a i .r.m a.n ........ W. i.11.i.am..J....S u.1. ; i.va n ................. ATTEST: A u g u.s t .i .n e. W...N 1 :.k a r.s. o n............ A True Copy W l t.er.'.F ...So u.l.e ................... . Town Clerk Maurice. S... Fo.ul Is .................. Board :of Appeals North Andover Mills Realty, Limited Petition No. 57-184 November 26, 1984 RECEIVED DANIEL LONG TGVYH CLERK NORTH ANDOVER DEC 3 10 39 A4 l8q Conditipns of Approval for Special Permit: I. That all lighting be down lighting. 2. That the structure be restricted to no'more than a total of two (2) levels .(ground level plus one). 3. That the remaining area in the R-4 district be open and green, suitably landscaped, not built upon, unpaved, and not parked upon. 4. That all conditions shall meet with other tows, Boards and agencies under Site Plan Review prior to the issuance of a building permit. ANDERSON &KREIGERLLP DOUGLAS H. WILKINS dwilkins(D,andersonkreiger. corn Direct phone: (617) 621-6580 Direct fax: (617) 621-6680 e. BY FEDERAL EXPRESS Albert P. Manzi, III, Esq., Chair. Zoning Board of Appeals Building 20, Suite 2-36 1600 Osgood Street North Andover, MA 01845 June 29, 2009 JUL 1' 2009 NORI H`HNUUVER PLANNING DEPARTMENT 1� Joyce A. Bradshaw, Town Clerk Town of North Andover Town Hall 120 Main Street North Andover, MA 01845 RE: Applicant: New Cingular Wireless PCS, LLC ("AT&T") Owner: Mansur Investments (Schneider Electric US, lessee) Site: 4 .� Hi e 54, Block 1, Lot 0) D`k/a 1 High Street Application: Ap13 om uilding Inspector's determination and a request for finding, if and to the extent necessary, all rights reserved Dear Chairman Manzi, Members of the Board of Appeals, and Madam Clerk: We recently filed an appeal on behalf of AT&T, of the building inspector's determination that a proposed in -building wireless installation at the above referenced property required certain zoning relief. The Building Inspector, Town Counsel, and the Planning Board, with input from the Town's consultant, have now ruled that the proposed installation is not a Wireless Service Facility requiring zoning relief. These rulings have made AT&T's appeal moot. Accordingly, AT&T respectfully withdraws without prejudice its appeal filed on June 15, 2009. Thank you for your attention to this matter and please do not hesitate to contact me with any questions. oiglely,s H. Wilkins cc: Plsining Board (By,Reglalar IYlail). Jay Perez, Esq. (By Email) Stephen Anderson, Esq. (By Email) Jennifer Dupuis (By Email) (A0084199.1 ) One Canal Park, Suite 200 • Cambridge MA 02141. • 61.7-621-6500 . Fax: 617-621-6501 oilrnucd d paps ?(�eu-,�, 1,<� Lo I bodctc�5 pecmr4- -F (-C -Fv( Eclsi Mr 11. ncAVU July 8, 2008 Curt Bellavance Director of Community Development Town of North Andover 1600 Osgood Street North Andover, MA 01845 Dear Curt: RCG LLC 17 Ivaloo Street Suite 100 Somerville, MA 02143 T 617 625 7248 F 617 625 8345 dsteinbergh@RCG-LLC.com www.RCG-LLC.com On behalf of RCG North Andover Mills LLC, I would like to submit the following nominees to meet the requirements of the Planning Board and Conservation Commission decisions regarding the multi -phased redevelopment of East Mill. I nominate David Giangrande of Design Consultants, Inc. in Somerville, MA for the role of Environmental Monitor and Construction Monitor to satisfy the requirements of the Planned Development District Special Permits and Site Plan Review Special Permits for Phases I and IIA. David currently serves as a consulting engineer to the Town of North Reading, so is familiar with the concerns and requirements of public agencies. Further David's firm designed the site engineering for this project, making him the most knowledgeable and efficient option for reporting on the work and its compliance with the recorded decisions. Upon confirmation, David will provide all necessary contact information to the Town. I nominate Julie Vondrak of Epsilon Associates to be the Erosion Control Monitor as required by the Conservation Commission's Order of Conditions issued on 6/12/08. Julie previously worked for the Town North Andover and participated in the design and permitting processes for this project. Julie is a qualified professional wetlands scientist and is already familiar with both the Conservation Commission and the Order of Conditions for this project. Upon confirmation, Julie will provide all necessary contact information to the Town. Please let me know if these nominations are satisfactory and I will arrange for the necessary pre - construction meetings with the concerned parties. We expect to begin construction on the site work associated with the above -reference decisions in mid-August and look forward to working with the Town to ensure that all activities on site are well coordinated, comply with the recorded decisions, and involve as little disruption as possible to our tenants and neighbors. Sincerely, David inbergh, Mana r RCG North Andover Mills LLC Ae V% A 4 P Mark H. Rees Town Manager April 8, 2008 TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01.845 4`ti?"V, `a'd YOL Telephone (978) 688-9510 A FAX (978) 688-9556 Ms. Brona Simon Executive Director and State Historic Preservation Officer Massachusetts Historical Commission 220 Morrissey Blvd. Boston, MA 02125 Dear Ms. Simon: Re: Massachusetts State Historic Rehabilitation Tax Credit, Davis and Furber East Mill, 21 High Street, North Andover, Massachusetts I am writing to encourage your approval of the State Historic Rehabilitation Tax Credit Application filed by RCG LLC in connection with its rehabilitation of the Davis and Furber Machine Company complex, a contributing resource in the Machine Shop Village National Register District at 21 High Street in North Andover, Massachusetts. This neighborhood constitutes an unusually large and cohesive industrial village. Commencement of construction is scheduled for June 2008 subject to approval of this round of tax credit financing. The building originally housed the Davis and Furber Company, a manufacturer of machine tools. The building is typical of nineteenth century Merrimack Valley mill buildings and has a handsome Italianate fapade. The building's unique bell tower and the turbine room that originally powered the mill will be preserved. The project will revitalize and preserve a unique historic mill building, which is a contributing resource in the North Andover Machine Shop Village historic district. In addition, the building will be renovated using green building principles. The building is minimally occupied and has been largely vacant for more than two years. The rehabilitation plan will sensitively renovate this lovely and iconic brick mill building into a mixed-use program of residential housing, office space and retail uses. This plan will provide a much needed activity center in this neighborhood, which is immediately adjacent to "Main Street" in North Andover. By programming the mill into multiple uses including restaurant spaces and service businesses, the mill becomes a destination bringing residents of the town and the surrounding communities into downtown North Andover. This will allow for a multiplier effect supporting surrounding business and creating new jobs. N Massachusetts State Historic Rehabilitation Tax Credit 2 The developer, RCG is a local development company. It has done excellent preservation work in a variety of communities in greater Boston reusing buildings in the urban core and programming with mixed use. The company's business philosophy is to provide out of the ordinary and environmentally aware, eco -friendly places to live and work at reasonable prices. All of the projects are community responsive as well, involving tenants in community efforts to raise both funds and food for local charities. As is typical of historic renovation projects in depressed areas, the project cost exceed the prices paid for comparable newer buildings in North Andover, making the subsidy provided by the historic rehabilitation tax credit necessary. The building will be financed with a combination of historic tax credits and conventional bank debt. I strongly recommend that an award of State Historic Rehabilitation Tax Credit funds be made for use in the Davis and Furber project. This project will bring new economic activity and employment to North Andover and will serve as a foundation for additional development in the downtown. Thank you for your consideration of this request. Sincerely, 4MaH. Rees. Town Manager Cc: Board of Selectmen Curt Bellavance, Community Development Director Town of North Andover Office of the Planning Departent Community Development and Services &nP'V L: 23 1600 Osgood Street North Andover, Massachusetts 01845 �Npc 1141 4;i LD 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 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: 21 High Street, North Andover, MA 01845, within the Industrial S Zoning District, Assessors Map 69, Parcel l; 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 H.A of a mixed-use redevelopment which includes the renovation and conversionof 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 SPECLkL PERMIT based upon the following conditions: �� 6�1../f nf. 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 Special Permit - Planned Development District Conditional Approval The Planning Board hereby APPROVES the Planned Development District Special Permit for Phase H.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 #1, 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 makes, the following findings as required by the Town of North Andover Zoning Bylaw, Sections 10.3, 10.3 1, and 11. 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 floodplains. 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. 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. 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 II.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 II.A 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; 1A, 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 II ("Phase II.A."). The Planning Board also makes findings under Section 11.2 of the Zoning Bylaw that Phase ILA 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 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: 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 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: The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department. The Construction Monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The Construction Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non- compliance, if any and actions taken to resolve these issues. 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: 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 Defmitive 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 H.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 limited 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 II.A 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. 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 15`h 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 Cl 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 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: 7 " 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 Town of North Andover 4... C Office of the Planning DepartmeiftQg MAY 21 PM 4:422 Community Development and Services Division 1600 Osgood Street r4 G R IV North Andover, Massachusetts 01845 MAS 1, A U r U� E-1, y 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. = 1P11 � sG0 � � f- { _ r 1 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: �.s o �trdlf of';�North Andover P nning Bo 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 Iimited 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: I . 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 Projectwill 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 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; a 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 PIANS 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 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, commissi ons and departments that differ from the approved plans. 6. PRIOR TO THE ISSUANCE OF A BUILDING PERNIIT: 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. 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 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 ILA 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 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 L 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 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 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 N 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 A rq 1, Exhibit A Town of North Andover Office of the Planning Department n' it L -0 Community Development and Services Division we -°44 1600 Osgood Street y"Ssq�►+�5 ��5 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 H.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 II.A Projects approved as part of the Planned Development District Special Permits issued pursuant to Section I 1 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 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 11A 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 TOCYPF Town of North Andover Office of the Planning Department Community Development and Services Division,` T TS 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 Representative r Date: May;(, 2008 Signature of Property Owner or Authorized Representative Date: May '1/, 2008 AA� a,"> K