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HomeMy WebLinkAboutMiscellaneous - Clark StreetJO- C*CMION DUE Gklj�) b - o C r X e f, Town of North Andover NaRTh. Office of the Zoning Board of Appeals0 014 Community Development and Services Division 27 Charles Street " "* North Andover, Massachusetts 01845'ss^cHus� D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. NAME: Napoli Trucking Co., 52 ADDRESS: Clark Street North Andover, MA 01845 Telephone (978) 688-9541 Fax (978) 688-9542 Notice of Decision Year 2002 at: Clark Street — HEARING(S): 11/12 & 12/10/02 PETITION: 2002-053 TYPING DATE: 12/18/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, November 12,.2002 at 7:30 PM upon the application of Napoli Trucking Co., 52. Inglewood Street, for premises at: Clark Street, North Andover, requesting a Special Permit from Section 9, Paragraph 9.1 to construct a contractor's yard on a. non- conforming lot (Lawrence Municipal Airport). The said premise affected is property with frontage on the West side of Clark Street within the 1-2 zoning district. The following members were present: Walter F. Soule, John M. Pallone; Scott A- Karpinski, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by John M. Pallone and 2d by Walter F. Soule, the Board voted to GRANT the Special Permit from Section 9, Paragraph 9.1 to allow for the construction of a contractor's yard on a non -conforming lot (Lawrence Municipal Airport) per Site Development Plan for Napoli Trucking on land. off Clark Street, North Andover, Mass., prepared by Philip G. Christiansen, Civil Engineer,#28895, Christiansen & Sergi, 160 Summer Street Haverhill, MA 01830, dated September 28, 2002; last.revised. March 17,2003 Voting in favor: Walter F. Soule, John M. Pallone, Scott A- Karpinski; Ellen P. McIntyre, and Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the zoning bylaw and that such change; extension or alteration shall not be substantially more detrimental to the neighborhood; and that an abutter's request for landscaping is a Planning Board issue, not a Zoning Board issue. Furthermore, if the rights authorized by the Variance are not exercised within one (l) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under.the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover ,Board ofAppeals, /�'1 Walter F. Soule, Acting Chairman Decision 2002-053Corrected Copy (Typing Errors). _ uJ. F "- r lloard of Appeals 978-699-9541 Building 978-688-9545 Conwrvation 978-688-9530 Health 978-688-9540 Planning 9'79:&9-9535 y Town of North Andover Ot NORTH , Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street ` . • -- r North Andover, Massachusetts 01845 CNus% D. R_opert Nicetta. Buildfdg Commissioner I Memorandum To: Napoli Trucking Company 52 Inglewood Street North Andover, Massachusetts 01845 From: William J. Sullivan, Chairman North Andover Zoning Board of Appeals Date: December 2, 2003 Telephone (978) 688-9541 Fax (978) 688-9542 Subject: Decision 2002-053 for Napoli Trucking, Clark Street, dated December 10, 2002. . Please be advised that the Zoning Board of Appeals at the regular November 18, 2003, voted to include the Site Development Plan for Napoli Trucking on land off Clark Street, North Andover, Mass.; prepared by Philip G. Christiansen, Civil Engineer, #28895, Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830, dated September 28, 2003, last revised March 17, 2003.signed by the North Andover Planning Board as a part of decision 2003-053. Upon a motion by Walter F. Soule, and 2°d by John M. Pallone, the Board voted to accept the modification. Voting in favor; William J. Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. Town of North Andover Board of Appeals, William J. Su ivan, Chairman Modification 2003-053/1 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 fie• str�� of eds Northern District of Essex' Lawrence, MA 01840 01/15/ DOMENIC SCALISSE PHO 27 '206 RK Type Tot-A! ff ":7 Pavpient i"heck THANK ; E� 74eK" P�� Town of North Andover > R.* R Office of the Zoning Board of App Community Development and Services'vision 27 Charles Street 901 n `)illi North Andover, Massachusetts 01845 D. Robert Nicetta . Building Commissioner 4,o �.Sca2,;dz,�� . of 8�5 Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk Pr( NAME: Napoli Trucking Co., 52 ADDRESS: Clark Street 4 NOH7,H A +, Tele�he�(�.7§)j.688 85_--9541 �4 Notice of Decision Year 2002 --- c �:= rty at: Clark Street DC) cin c' 0ewood Street HEARING(S): 11/12 & EV10/(U > I North Andover, MA 01845 1 TYPING DATE: 12/18/ The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, November 12, 2002 at 7:30 PM upon the application of Napoli Tracidog Co, 52 Inglewood Street, for premises at: Clark Street, North Andover, requesting a Special Permit from Section 9, Paragraph 9.1 to construct a contractor's yard on a non -conforming lot (Lawrence Municipal Airport). The said premise affected is property with frontage on the West side of Clark Street within the I-2 zoning district The following members were present: Walter F. Soule, John M. Pailone, Scott A. Karpinski, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by John M Pallone and god by Walter F. Soule, the Board voted to GRANT the Special -Permit from Section 9, Paragraph 9.1 to allow for the mon of a contractor's yard on whim -conforming -lot (Lawrence Municipal Airport) -per Site Development Plartfi*Napoli Truckidg on land off Clark Street, Nath And0Ver, Mass-; Sq>te tuber 28, 2002 by,:j ip.G. Christiansen P. E #28895 - Christiattsen dG Sergi, I60 Summer St,Haverhill, MA t}1-431). Voting: favor: Waiter F. -Soule, John 1Vb .Pallane, Scott A. Karpinski, Ellen?. lVklntyre;.and - Joseph D: LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the zoning bylaw and that such dtange, extension or alt ation shall not be substantially .more detrimental to the neighborhood; and that an abutter's request for landscaping is a Planning Board issue, not a Zoning Board issue. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new heating. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed ager a two (2) year period from the date on which the Special Permit was granted unless substantial use or mon has commenced, it shall lapse and may be re-established only ager notice, and a new hearing. 7.ITNI without tiling P�s>w �'i 4 F _...... _. ,. _ DA Decision D3 Decision 2002-0553 Town of North Andover BoarqA-%WaltActing Chairman rEST- True Copy v k6.a AA"04- Towiti Clark Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688.9540 Planning 688-9535 ESSEX NORTH REGISTRY OF DEEDS LAWRENCE, MASS. A TRUE COPY - ATTEST, , REGISTER OF UE.'E'Q 4 M Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Notice of Decision Year 2002 Property at: Clark Street Telephone (97k688-9541 Fax (97W88r954Z _; HEARING(S): 11/12 & &10/0 ` > ADDRESS: Clark Street PETITION: 2002-053� North Andover, MA 01845 TYPING DATE: 12/18/0 -0 b C -D CD F` ,cnr.' NAME: Napoli Trucking Co., 52 Inglewood Street HEARING(S): 11/12 & &10/0 ` > ADDRESS: Clark Street PETITION: 2002-053� North Andover, MA 01845 TYPING DATE: 12/18/0 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, November 12, 2002 at 7:30 PM upon the application of Napoli Trucking Co., 52 Inglewood Street, for premises at: Clark Street, North Andover, requesting a Special Permit from Section 9, Paragraph 9.1 to construct a contractor's yard on a non -conforming lot (Lawrence Municipal Airport). The said premise affected is property with frontage on the West side of Clark Street within the I-2 zoning district. The following members were present: Walter F. Soule, John M. Pallone, Scott A. Karpinski, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by John M. Pallone and 2"d by Walter F. Soule, the Board voted to GRANT the Special Permit from Section 9, Paragraph 9.1 to allow for the construction of a contractor's yard on a non -conforming lot (Lawrence Municipal Airport) per Site Development Plan -:for, Napoli Trucking on land off Clark Street, North Andover, Mass., September 28, 2002 by Philip. G. Christiansen P. E. #28895, Christiansen & Sergi, 160 Summer St., Haverhill, MA 01'8,30. Voting in favor: Walter F. Soule, John K Pallone, Scott A. Karpinski, Ellen.P. Mc ntyre,.and ` Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental to the neighborhood; and that an abutter's request for landscaping is a Planning Board issue, not a Zoning Board issue. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals,J) , Walter F. S r le, Acting Chairman Decision 2002-053. Board of Appeals 688-9541 Building 688-9545 conservation 688-9530 Health 688-9540 Planning 688-9535 Town'of North Andover Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Legal Notice North Andover, Board of Appeals Telephone (978) 688-9541 Fax(978)688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Canter, 120R Main Street, North Andover, MA on Tuesday the 12's of November 2002 at 7:30 PM to all parties interested in the appeal of Napoli Trucking Co., 152 Inglewood Street, for premises at: Clark Street, North Andover, requesting a Special Permit from Section 9, Paragraph 9.1 to construct a contractor's yard on a non -conforming lot (Lawrence Municipal Airport). The said premise affected is property with frontage on the West side of Clark Street within the I-2 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on October 29 & November 4, 2002. Legalnotice 2002-053 W V �o�o� '�io�mCSa:tm6oy, G a�Ya�d o�i.�>Eo N�dc� O N N O c0 r O E• N_ - 'G L Y C, c0 O L- '- N cnoi o' .E3Nc 08a-Z�....Q O '`;C•:I �- O W "On.0)�O�Np aY°3a�iZ oa>EN Ci�y�yA�-cp (n �Y02roUNt� y� t�Q� NNS_ ANN OT CO, &-. - NU Z 0)QQ T,C'j 01EW 3 2=c, V U O -n3'3 'cC 'EC NM�O 'OOLa LO 10--0. CL2Q Nm L'- 0' 10 �c0 ..f C NW U-010)ON -oOL6 y w> 02L 2<?O) 0 YON N T��. Q w L _ _ N L O C _ aCC NEO f0 C . •� p_..- 0)'O y O) O) .`. L O >. 2 E U atuy_�. 16-00E'-o-jN `o F- -aim.-. t6N�NN0(n N'_'0� -f-L m05_ UN 00 - _— C-) Ci r-3— X17 O.L. N OIiZH 0)� .Q��U Nd mad 0 C.J... O-0)'0 N C (4 f0 O)N NL 7� m 1 E Q�fi�l� G' y J20.O C, NC00a 4)Q -NXO VQ7y0pQL c0 t00N3C Om06- mZL C, CoC O .d—_H U.. 9M nl 'O p 0)S O O-.ZU �-JJ c O. COO �QZMZ-,8 M ." W J N OS 0) Co OUNa'>'�L C F QLUtn� OIC C OUtnUQfn-5 0 >.0 a N.: Or �COUQL.«N W Z O BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 'Tow'n of North Andover Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Legal Notice North Andover, Board of Appeals Telephone (978) 688-9541 Fax (978) 688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 126'of November 2002 at 7:30. PM to all parties interested in the appeal of Napoli Trucking Co., 152 Inglewood Street, for premises at: Clark Street, North Andover, requesting a Special Permit from Section 9, Paragraph 9.1 to construct a contractor's yard on.a non -conforming lot (Lawrence Municipal Airport). The said premise affected is property with frontage on the West side of Clark Street within the I-2 zoning district. . Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on October 28 & November 4, 2002. Legalnotice 2002-053 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 m 30 1111 Return Receipt Fee cc � 110V (Endorsement Required)HereClerk: OP U, Ln C3 (Endorsement Required) KZKM7F Restricted Delivery Fee r^ Postage (Endorsement Required) Postage � Postage r\- Postage -n ~ SentTo |rn .cz /u uReturn-- - Certified Fee cz 1. |Return C3 |mu Receipt Fee (Endorsement Required) � M7F erkKZK =75 � � p��om m� cz -----'-"--` Restricted Delivery Fee -0 KM7F Clerk: K7C:3 nxo/pvm000mmo" Restricted Delivery Fee (Endorsement Required) 11/07/0.2" -U o (Endorsement Required) Total Fees cz Total Postage uFees or PO Box No. '^^ 11/O7/O2 M o Andover, MA 01945 " OITWOOCI�lqood' Street C3 �z --------------------'--'-- -0 o 30 1111 Return Receipt Fee � . i 7 (Endorsement Required)HereClerk: E U, J. -75 C3 (Endorsement Required) KZKM7F Restricted Delivery Fee r^ Postage (Endorsement Required) Postage � Postage |$ 4^4Z | '1 1/t' -n "o SentTo |rn .cz /u uReturn-- - Postmark *en cz 1. |Return Postmark |mu Receipt Fee (Endorsement Required) � M7F erkKZK =75 Here cz :3 Clerk.' KZ'K'I17F E3 Restricted Delivery Fee -0 =1 nxo/pvm000mmo" C3 (Endorsement Required) 11/07/0.2" -U Total Fees cz --Postage - - or PO Box No. '^^ Richard Yee, Trustee� � o Andover, MA 01945 Sent To OITWOOCI�lqood' Street C3 �z --------------------'--'-- ru �cz Hall, Common Street |cz|om�ym�zn�* - -------- 'r-| rnvmonn= mA Ol840 �7�� 30 1111 Return Receipt Fee m �Nor . i 7 (Endorsement Required)HereClerk: E 1 J. -75 C3 (Endorsement Required) KZKM7F Restricted Delivery Fee r^ Postage (Endorsement Required) Postage --ITI' -- 43 |$ 4^4Z | '1 1/t' -n Certified nm SentTo 30 /u uReturn-- - Postmark *en cz �m� *em M) (Endorsement ��m���mm C3 Restricted Deliverymm � M7F erkKZK =1 Restricted Deliverynm (Endorsement Required) :3 (Endorsement Required) $ 4.14211/O7/O2 -0 =1 nxo/pvm000mmo" -r 11/07/0.2" -U -- ' '- !cz or PO Box No. '^^ Richard Yee, Trustee� o Andover, MA 01945 ::3 OITWOOCI�lqood' Street �z --------------------'--'-- - Certified Fee 30 1111 Return Receipt Fee 1. 75 Postmark (Endorsement Required)HereClerk: q Postmark J. -75 C3 (Endorsement Required) KZKM7F Restricted Delivery Fee (Endorsement Required) Postage Total Postage uFees |$ 4^4Z | '1 1/t' Nick & Jean Couyoufas or PO Box No. 1-3 Surrev Drive North Andover, MA 0 WT E Postage $ 0-37 UNIT 1[1� 0'345 Return Receipt Fee Postmark (Endorsement Required) Here =1 Restricted Delivery Fee Cler�r.-.-: K71i(OF (Endorsement Required) 13 I" rSe—nt To Street ` � — 1111 *z ` ! Certified Fee q Postmark J. -75 C3 (Endorsement Required) Here `r- Postage --� CO Total Postage & Fees M Certified nm SentTo /u Return Receipt Fee (Endorsement Required) 1 75 Postmark *en cz � mozzzh Andover, MA 01845 Clerk: KZKM7F C3 Restricted Deliverymm cz (Endorsement Required) cz Total Postage aFees $ 4.14211/O7/O2 -0 -r Sent To -- ' '- !cz or PO Box No. '^^ /r- Andover, MA 01945 'u - Ir [ .' CO RTH No 7 0184i"" L un p CO �_- � p�~. | ° »^�� | UNIT ID: O845 "/ �_-" E3 � — 1111 ` ! Certified Fee nu M , Return Receipt Fee Postmark J. -75 C3 (Endorsement Required) Here _cz Restricted Delivery Fee KZKMI"T C3 (Endorsement Required) $cz Total Postage & Fees SentTo nu o cz jor PO Box No. 505 Sutton Streetr- p"mxwte,qr~* � mozzzh Andover, MA 01845 rq — 1111 ptiCAI� cora- �53 �-y( �-n9o$ N� Ir ,)(, X0,5 bA,, " p h ©53 c -f a rVA, 5%, �,'7 n-ioo-�3 zBA 1,G 9 • Date ... r.. ... Jv TOWN OF NORTH ANDOVER RECEIPT "I i �`' i This certifies that .% ^.,..:yl ;.L41,'4l.� ..`1 �... 4.. c:.��.��14 .................. J has paid. . J .� .. ....C� 1i,.... ... V ,6 ................................... for... ....Aer..ri^.�.%............... Received byi('t..p. i....%�'��.�!?,r............................................. Department.... 7—.-b.A ......................................................................... WHITE: Applicant CANARY: Department PINK: Treasurer tea. - 05-1 r- Town of North Andover I %AORTH n �Ln f Building Department 27 Charles Street =' North Andover, Massachusetts 01845 (978) 688-9545 Fax (978) 688-9542 Kk APPLICATION FOR CERTIFICATE OF OCCUPANCY / INSPECTION ADDRESS 0 CGW.L//- LOT NUMBER SUBDIVISION DATE REQUEST FILED -2 /G -- 0 DATE READY FOR INSPECTION - y TEN (10) DAYS NOTICE PRIOR TO CLOSING DATE IS REQUIRED ALL WORK AND SIGN-OFF'S MUST BE COMPLETED WITHIN TIES TIME FRAME. A RE -INSPECTION FEE OF TWENTY-FIVE ($25.) DOLLARS WILL BE CHARGED IF THE STR[�JC17E DOES NOT MEET ALL APPLICABLE CODES. SIGNA OFFICIAL USE ONLY ROUTING D.P.W. — WATER METER 0,1� DATE -S —6a D_P.W. MUST INDICATE THAT THE WATER METER HAS BEEN INSTALLED PRIOR TO THE INSPECTION REQUEST DATE. SIGNATi JRE ./ P AUTHORIZATION RECEIVED 7 2004 BUILDING D i'Ta I �y Clark Street Napoli Trucking Site Plan Special Permit May 13, 2003 Page 2 of 3 Appendix A In accordance with North Andover Zoning Bylaws Section 8.3 and 10.3, the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, is met. Specifically the Planning Board makes the following FINDINGS OF FACT: 1. The existing site is located in the Industrial -2 District at the Airport on Clark Street within a proposed lease area of approximately 80,000 square feet. The specific site is an appropriate location for the project given that the site is currently vacant land designated for non -aviation use. 2. The building as designed will not adversely affect the neighborhood as the project includes substantial landscaping around the entire site and the abutting properties immediately adjacent to the site are across the streets and commercial in nature. 3. There are no wetland resources or related buffers or ILSF exist at the site. 4. The proposed use is allowed in the I-2 District, and does not conforms to the applicable dimensional criteria, but a Special Permit and variance for the project was granted by the Zoning Board of Appeals. 5. No increase in runoff rates or volume will occur provided that the drainage infiltration system is constructed as designed. 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 7. The Planning Board also makes a specific finding that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Prior to the endorsementOf the plans by the Planning Board, the applicant must comply with the following conditions: a) A bond in the amount of five thousand ($5,000) dollars in the form of a check 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. 2) Prior to the start of construction: a) During construction; the site must be kept clean and swept regularly. 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. 3) Prior to Building Permit Issuance (Form i): a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed 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 applicant must .provide to the Planning Department a recorded copy of the ZBA approval and variance. 4) Prior to issuance of the Certificate of Occupancy: a) 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 b) The building must comply with applicable state fire and building codes. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 6884530 HEALTH 688-9540 PLANNING 688-9535 Decision 2001-032Corrected cony (Typing Ommissions) Page 2 of 2 Mik 14 !Xl Ct. tETTS LU Zk z LU WNP L CL 'CD4 MF— 6 Ul LC X Z4. NSW iN�i9 Mik 14 !Xl Ct. CL LU cc==)) Lit LU (D Ul 0:1 47. CLE vi CO 'Ll Ll �D U.( 4 CL LU cc==)) Lit LU (D Ul lz : 2c Q QL O TS Z OC -5 z uj E A 0: Z O -C 0 � o 0 ....... .. ... ITI :;V- rU C=) uj C=) CL EL R -q U- 0 D un of lyl a tn CO rj U-1 0 U) C=) uj C=) CL EL R -q U- 0 DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 December 23, 2003 Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 RE: Louis A. Napoli, Jr. (Napoli Trucking, Inc.) 52 Inglewood Street, North Andover, MA 01845 Dear Members of the Zoning Board of Appeals: Concerning the above captioned matter, on August 18, 2003 at a regular meeting of the North Andover Zoning Board of Appeals, the Board voted to grant the Applicant's request for a Special Permit from Section 9 of the Zoning By -Law, in order to allow Mr. Napoli to continue his present use of the property located at 52 Inglewood Street, North Andover, MA as a trucking business. The Board set a termination date for this property to be used as a Contractor's Yard of November 30, 2003. In making its decision, the Board took into consideration the fact that the allowance of this Special Permit was to facilitate Napoli Trucking, Inc. in the construction of its new business location on Clark Road. The Applicant has entered into a lease with the Lawrence Airport Commission and is in the process of completing construction on his 6,000 square foot building which will shortly be the new location of Napoli Trucking, Inc. At this time, all structural steel has been completed on the new building, and the following work has been completed: 1. The site has been graded with crushed gravel to subgrade; 2. The rough electrical and plumbing has been completed; 3. All drainage has been completed; 4. The front and back siding on the building has been completed; 5. The propane tank and gas will be installed on Monday, December 29, 2003; 6. The heating system is ordered and will be installed immediately upon completion of the roof; and 7. Once the building is completely closed in all interior work will be finalized. �E L' EVE D D L' � 2 -_ zoos BOARD OF APPEALS DOMENIC J. SCALISE Town of North Andover Zoning Board of Appeals December 23, 2003 Page Two This work is being completed during the winter months under extreme conditions. However, Mr. Napoli is determined to complete the new site in order to move his trucking operation from Inglewood Street, a location that Napoli Trucking Inc. has used for approximately forty-five (45) years. Accordingly, the Applicant requests that the North Andover Zoning Board of Appeals modify/amend its Decision dated August 18, 2003 to extend the time for termination of the trucking location at 52 Inglewood Street, North Andover, MA until January 31, 2004. Kindly schedule this matter for discussion with the Applicant at your next regular meeting on January 13, 2004. Thanking your for your cooperation, I remain Very truly yours, Domenic .Scalise DJS/cm cc: Louis A. Napoli, Jr. Mark Rees, Town Manager Heidi Griffin, Director of Community Development '& Services D. Robert Nicetta, Building Commissioner and Zoning Enforcement Officer BK 7443 PG Town of North Andover Office of the Zoning Board of AppiffiCE Community Development and Services�►T ion %fit 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner 5e-& back {o IC_J.SC.9,.:AZ,�� . S G 1 �►.�... 5{- No. &t^c� rY1 ✓E of 8e4.5 Any appeal shall be filed within (20) days after the date of filing of this notice 23 PL6li��!il c;,,, ,- e ef(97�688-9541 lsax ff7>I�88s4 M ro 7 - Notice of 1Deeision Year 2002 — T w '_ c in the office of the Town Clerk. Property at: Clark Street D a vGi c NAME: Napoli Trucking Ca, 52 Inglewood Street HEARING(S): 11/12 & W10/03 ADDRESS: Clark Street PETITION: 2002-053AJ North Andover, MA 01845 TYPING DATE: 12/18/ The North Andover Berard of Appeals held a public hearing at its regular meeting on Tuesday, November 12, 2002 at 7:30 PM upon the application of Napoli Trucking Co., 52 Inglewood Street, for premises at: Clark Street, North Andover, requesting a Special Permit from Section 9, Paragraph 9.1 to construct a contractor's yard on a non -conforming lot (Lawrence Municipal Airport). The said premise affected is property with frontage on the West side of Clark Street within the I-2 zoning district. The following members were present: Walter F. Soule, John M. Pailone, Scott A Karpinski, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by John M. Pallone and 2M by Walter F. Soule, the Board voted to GRANT the Special-Penmit from Section 9, Paragraph 9.1 to allow for the construction of a contractor's yard on a -h on-eonforming-lot (Lawrence Municipal Airport) per Site Development Plat :Napoli • ,� Truclaodg ou land .off Clark Street, NorthAndover, haw,September28, 2002 by.:ip I3. Christiansen P:_ E. #28895;.C10shansen &.Sergi, 160 Summer St, Haverhill, MA pIB Q. . Votin :in favor: Walter Fi-Soule John Mt:Pallone Scott A B Karpinski, Ellen.P. M+cintyte;.at�d' Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 ofthe zoning bylaw and that such change, extension or alteration shall not be substantially -more detrimental to the neighborhood, and flew an abutter's request for landscaping is a Planning Board issue, not a Zoning Board issue. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. 03 P412 : 256 Thials c:'a :3sCJ 30 Y14de ea `. i yfped without 51inp pf;p, Decision 2002-053:° . ft ,J-. , •_ y.., 1 tV Town of North Andover Board of A s, , J %`o!t Walter F. S le, Acting Chairman _y i VEST: .N 1'rue Copy °rye., U �rids/4a�+h' l'c,wnn Clerk Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688.9540 Planning 688-9535 ESSEX NORTH REGISTRY OF DEEDS J AWRENGE, MASS. 42-,=22 � A TRUE COPY: ATTEST, .. ?3wk t REGISTER OF CIM DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 November 12, 2003 Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 RE: Louis A. Napoli, Jr. (Napoli Trucking, Inc.) Clark Street, North Andover, Massachusetts 01845 Dear Members of the Zoning Board of Appeals: Concerning the above captioned matter, on November 12, 2002 at a regular meeting of the North Andover Zoning Board of Appeals, it approved the Napoli Trucking, Inc.request for a Special Permit to construct a Contractor's Yard on a non -conforming lot (Lawrence Municipal Airport). Reference is made in that Decision to the Site Development Plan for Napoli Trucking on land off Clark Street, North Andover, MA, September 28, 2002 by Philip G. Christiansen. This Plan was a preliminary site development plan which was presented to the Zoning Board of Appeals with the application to show the approximate location of this vacant lot. Subsequently, considerable engineering was performed by Christiansen & Sergi, Professional Engineers, and an updated and more detailed plan was prepared for the North Andover Planning Board. After numerous meetings and considerable review by engineering consultants chosen by the Planning Board, the updated plan was approved and became a part of the Planning Board Decision. The Plan approved by the Planning Board varies somewhat from the original locus plan approved by the Zoning Board of Appeals. Accordingly, the Applicant requests that the North Andover Zoning Board of Appeals modify/amend its Decision dated November 12, 2002 to include/substitute the more detailed plan approved by the North Andover Planning Board which Plan is entitled "Special Permit and Site Plan for Napoli Trucking, North Andover, Mass., Prepared by Christiansen & Sergi, Professional Engineers and Land Surveyors, 160 Summer St., Haverhill, MA 01830, Tel. (978) 373-0310, dated January 21, 2003, revised 2/24/03, 3/17/03, 3/24/03, 3/28/03". Kindly schedule this matter for discussion with the Applicant at your next regular meeting. Thanking you in advance for your cooperation, I remain Very truly yours, D Dome c J. Scalise NOV ID14903 BOARD OF APPEALS Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk Notice of Decision Year 2002 Prnnor/v at- VI—L- Q*--# Telephone (97§) fi88-9541 Fax (97W8861544 --- C-1 -0 _.>. NAME: Napoli Trucking Co., 52 Inglewood Street Y iiJVJ_. HEARING(S): 11/12 & 110/0 ADDRESS: Clark Street PETITION• 2002-053ji North Andover, MA 01845 TYPING DATE: 12/18/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, November 12, 2002 at 7:30 PM upon the application of Napoli Trucking Co., 52 Inglewood Street, for premises at: Clark Street, North Andover, requesting a Special Permit from Section 9, Paragraph 9.1 to construct a contractor's yard on a non -conforming lot (Lawrence Municipal Airport). The said premise affected is property with frontage on the West side of Clark Street within the I-2 zoning district. The following members were present: Walter F. Soule, John M. Pallone, Scott A. Karpinski, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by John M. Pallone and 2°a by Walter F. Soule, the Board voted to GRANT the Special Permit from Section 9, Paragraph 9.1 to allow for the construction of a contractor's yard on a non -conforming lot (Lawrence Municipal Airport) per Site Development Plan for .Napoli TruckinE on land off Clark Street, North Andover, Mass.,September 28 2002 by Philip.G. Christiansen P. E. #28895, Christiansen .& Ser ,:160 Surniner St. Ilaverhill NIA 01830 Votmg in favor: Walter F. Soule, John'NL Pallone; Scott A. Karpinski, Ellen P. Mclntyre; and Joseph D:`LaGrasse . ,.:, ,-...,_.. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph: 9.1 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental to the neighborhood; and that an abutter's request for landscaping is a Planning Board issue, not a Zoning Board issue. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of TAeals, Walter'F.e, Acting Chairman Decision 2002-053. Board of Appeals 688-9541 Builduig 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 Town of North Andover Office of the Planning Department ;'U�. �`"�� Community Development and Services Division p 27 Charles Street North Andover, Massachusetts 01845 �g4TE0 �SSACHUSES http://Ww-w.townofnorthandover.com Planning Director: jwoods@townofnorthandover com P (978) 688-9535 J. Justin Woods F (978) 688-9542 NOTICE OF DECISION SENT USPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED g -n 08�iy 1(403 Clark Street Napoli Trucking Site Plan Special Permit The public hearing on the above referenced application was opened by the North Andover Planning Board on March 11, 2003 and closed on April 8, 2003. Philip Christianson, P.E. of Christianson & Sergi, Steven Webster and Attorney Domenic Scalise represented Mr. Napoli. On May 6, 2003, Nardella made, and White seconded, a motion to grant a Site Plan Special Permit to allow for the construction of two steel frame 6,000 square foot garages and related site improvements and landscaping within the Industrial -2 Zoning District, under the requirements of Section 8.3 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by the by Louis Napoli, Napoli Trucking, 52 Inglewood Street, North Andover, MA, 01845. The original application, excluding revised documentation, as cited herein, was filed with the Planning Board on submitted on February 4, 2003 with subsequent submittals on file. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth.in Appendix A to this decision. The Planning Board voted on the motion by a vote of 5 in favor to 0 against (Schwartz did not vote). A special permit issued by a special permit granting authority requires a vote of at least four members of a five - member board. See MGL Chapter 40A, Section 9 and Section 103(5) of the Town of North Andover Zoning Bylaw. Accordingly, the Application for the Site Plan Special Permit is approved with the attached conditions. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk— Respectfully Submitted: :� d ft-- I A!,,I [ 0 ii Cit' 7�it.� BOARD OF APPEALS 688-9541 BUILDING 688-9545 Planning Director fol -le North Andover Planning Board: John Simons, Chairman Alberto Angles, Vice Chairman Richard Nardella, Clerk George White Felipe Schwarz James Phinney, Associate Member CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 � Clark Street Napoli Trucking Site Plan Special Permit May 13, 2003 Page 2 of 3 Appendix A In accordance with North Andover Zoning Bylaws Section 8.3 and 10.3, the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, is met. Specifically the Planning Board makes the following FINDINGS OF FACT: 1. The existing site is located in the Industrial -2 District at the Airport on Clark Street within a proposed lease area of approximately 80,000 square feet. The specific site is an appropriate location for the project given that the site is currently vacant land designated for non -aviation use. 2. The building as designed will not adversely affect the neighborhood as the project includes substantial landscaping around the entire site and the abutting properties immediately adjacent to the site are across the streets and commercial in nature. 3. There are no wetland resources or related buffers or ILSF exist at the site. 4. The proposed use is allowed in the 11-2 District, and does not conforms to the applicable dimensional criteria, but a Special Permit and variance for the project was granted by the Zoning Board of Appeals. 5. No increase in runoff rates or volume will occur provided that the drainage infiltration system is constructed as designed. 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 7. The Planning Board also makes a specific finding that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the .following SPECIAL CONDITIONS: 1) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) A bond in the amount of five thousand ($5,000) dollars in the form of a check 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. 2) Prior to the start of construction: a) During construction, the site must be kept clean and swept regularly. b) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and iu',formu-Ig the public of anticipated activities on the sire. 3) Prior to Building Permit Issuance (Form -U): a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed 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 applicant must provide to the Planning Department a recorded copy of the ZBA approval and variance. 4) Prior to issuance of the Certificate of Occupancy: a) 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. b) The building must comply with applicable state fire and building codes. BOARD OF APPEALS 688-9541 BUII.DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Clark Street Napoli Trucking Site Plan Special Permit May 13, 2003 Page 3 of 3 5) Prior to the 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. Specifically after the detention pond is completed, the Town Planner will review the site and any screening as may be reasonably required by the Town Planner 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. 6) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must be fenced off and covered. 7) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 8) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 9) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 10) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 11) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12) No underground fuel storage shall be installed except as may be allowed by Town Regulations. 13) 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. 14) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. 15) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 16) This Special Permit approval shall be deemed to have lapsed on May 13, 2005 (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. 17) The Board granted waivers for Section 8.3.5.3.e.ii requiring a boundary line survey and for Section 8.3.5.3.e.xix a traffic study. 18) The following information shall be deemed part of the decision: Plan Titled: Napoli Trucking Located at Lawrence Municipal Airport Clark Street North Andover Mass. Prepared By: _Christiansen & Semi. 160 Summer Street Haverhill, MA 01830 Sheets: 1-3 Scale: As Noted Dated: January 21, 2003, last revised March 17, 2003. cc: Conservation Administrator Police Chief Director ofPublic Works Fire Chief Abutters Health Administrator Applicant Assessor DPW Building Inspector Engineer File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1-7 DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 November 12, 2003 Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 RE: Louis A. Napoli, Jr. (Napoli Trucking, Inc.) Clark Street, North Andover, Massachusetts 01845 Dear Members of the Zoning Board of Appeals: Concerning the above captioned matter, on November 12, 2002 at a regular meeting of the North Andover Zoning Board of Appeals, it approved the Napoli Trucking, Inc.request for a Special Permit to construct a Contractor's Yard on a non -conforming lot (Lawrence Municipal Airport). Reference is made in that Decision to the Site Development Plan for Napoli Trucking on land off Clark Street, North Andover, MA, September 28, 2002 by Philip G. Christiansen. This Plan was a preliminary site development plan which was presented to the Zoning Board of Appeals with the application to show the approximate location of this vacant lot. Subsequently, considerable engineering was performed by Christiansen & Sergi, Professional Engineers, and an updated and more detailed plan was prepared for the North Andover Planning Board. After numerous meetings and considerable review by engineering consultants chosen by the Planning Board, the updated plan was approved and became a part of the Planning Board Decision. The Plan approved by the Planning Board varies somewhat from the original locus plan approved by the Zoning Board of Appeals. Accordingly, the Applicant requests that the North Andover Zoning Board of Appeals modify/amend its Decision dated November 12, 2002 to include/substitute the more detailed plan approved by the North Andover Planning Board which Plan is entitled "Special Permit and Site Plan for Napoli Trucking, North Andover, Mass., Prepared by Christiansen & Sergi, Professional Engineers and Land Surveyors, 160 Summer St., Haverhill, MA 01830, Tel. (978) 373-0310, dated January 21, 2003, revised 2/24/03, 3/17/03, 3/24/03, 3/28/03". Kindly schedule this matter for discussion with the Applicant at your next regular meeting. Thanking you in advance for your cooperation, I remain Very truly yours, to . L Dome c J. Scalise DJS/cm NOV 12 2003 U BOARD O; APPEALS L. Town of forth Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice Notice of Decision Year 2002 Telephone (97§ .fi88-9541 Fax (978)'688=9547.-; <; -- C';'=: —0 r� m the office of the Town Clerk. Property at: Clark Street > NAME: Napoli Trucking Co., 52 Inglewood Street HEARING(S): 11/12 & JN10/01'� ADDRESS: Clark Street PETITION• 2002-053ji North Andover, MA 01845 TYPING DATE: 12/18/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, November 12, 2002 at 7:30 PM upon the application of Napoli Trucking Co., 52 Inglewood Street, for premises at: Clark Street, North Andover, requesting a Special Permit from Section 9, Paragraph 9.1 to construct a contractor's yard on a non -conforming lot (Lawrence Municipal Airport). The said premise affected is property with frontage on the West side of Clark Street within the I-2 zoning district. The following members were present: Walter F. Soule, John M. Pallone, Scott A. Karpinski, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by John M. Pallone and 2nd by Walter F. Soule, the Board voted to GRANT the Special Permit from Section 9, Paragraph 9.1 to allow for the construction of a contractor's yard on a non -conforming lot (Lawrence'Municipal Airport) per Site Devel2R ent Plan for..Nanoli Tru tm on land off Clark Street, North Andover, Mass. September 28,: 2002 by Philiy G. C hrlstiasen P. E. #28895. C:hrittiimm k Caro;. l6n c,...,,,,_ c+ TJ ­—L:11 ASA nl o -in Vllllll l�lCl V 1 0.7 V Voting 1n favor. Walter F. Soule, John R Pallone; Scott A. Karpinski, Ellen P.'McIntyre A id Joseph D':` LaGrasse _ . . The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9:1of the .` zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental to the neighborhood; and that an abutter's request for landscaping is a Planning Board issue, not a Zoning Board issue. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of A eals, Walter'F. S ule, Acting Chairman Decision 2002-053. Board of Appeals 688-9541 Builduig 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 Town of North Andover of 0ORTp 9 Office of the Planning Department s,�.o k 0 Z 6t',. Community Development and Services Division 27 Charles Streeto . ., . North Andover, Massachusetts 01845 �Rssac►+us�t�y http://www.townofnor-thandover.com Planning Director: jwoods@townofnorthandover com P (978) 688-9535 J. Justin Woods F (978) 688-9542 NOTICE OF DECISION SENT USPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED # rlWa ()510 )C) 08gL-1 I(I03 Clark Street Napoli Trucking Site Plan Special Permit The public hearing on the above referenced application was opened by the North Andover Planning Board on March 11, 2003 and closed on April 8, 2003. Philip Christianson, P.E. of Christianson & Sergi, Steven Webster and Attorney Domenic Scalise represented Mr. Napoli. On May 6, 2003, Nardella made, and White seconded, a motion to grant a Site Plan Special Permit to allow for the construction of two steel frame 6,000 square foot garages and related site improvements and landscaping within the Industrial -2 Zoning District, under the requirements of Section 8.3 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by the by Louis Napoli, Napoli Trucking, 52 Inglewood Street, North Andover, MA, 01845. The original application, excluding revised documentation, as cited herein, was filed with the Planning Board on submitted on February 4, 2003 with subsequent submittals on file. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth.in Appendix A to this decision. The Planning Board voted on the motion by a vote of 5 in favor to 0 against (Schwartz did not vote). A special permit issued by a special permit granting authority requires a vote of at least four members of a five - member board. See MGL Chapter 40A, Section 9 and Section 10.3(5) of the Town of North Andover Zoning Bylaw. Accordingly, the Application for the Site Plan Special Permit is approved with the attached conditions. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk— Respectfully Submitted: .r; J. BOARD OF APPEALS 688-9541 BUELDING 688-9545 -- - -».,-.,..b —ucu u. John Simons, Chairman Alberto Angles, Vice Chairman Richard Nardella, Clerk George White Felipe Schwarz James Phinney, Associate Member CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Clark Street Napoli Trucking Site Plan Special Permit May 13, 2003 Page 2 of 3 Appendix A In accordance with North Andover Zoning Bylaws Section 8.3 and 10.3, the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, is met. Specifically the Planning Board makes the following FINDINGS OF FACT: 1. The existing site is located in the Industrial -2 District at the Airport on Clark Street within a proposed lease area of approximately 80,000 square feet. The specific site is an appropriate location for the project given that the site is currently vacant land designated for non -aviation use. 2. The building as designed will not adversely affect the neighborhood as the project includes substantial landscaping around the entire site and the abutting properties immediately adjacent to the site are across the streets and commercial in nature. 3. There are no wetland resources or related buffers or ILSF exist at the site. 4. The prcposed use is allowed in the 1-2 District,, and does not conforms to the applicable dimensional criteria, but a Special Permit and variance for the project was granted by the Zoning Board of Appeals. 5. No increase in runoff rates or volume will occur provided that the drainage infiltration system is constructed as designed. 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 7. The Planning Board also makes a specific finding that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) A bond in the amount of five thousand ($5,000) dollars in the form of a check 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. 2) Prior to the start of construction: a) During construction, the site must be kept clean and swept regularly. b) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction avid inforwru,g die public of anticipated activities on the site. 3) Prior to Building Permit Issuance (Form Il): a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed 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 applicant must provide to the Planning Department a recorded copy of the ZBA approval and variance. 4) Prior to issuance of the Certificate of Occupancy: a) 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. b) The building must comply with applicable state fire and building codes. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ' Clark Street Napoli Trucking Site Plan Special Permit May 13, 2003 Page 3 of 3 5) Prior to the 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. Specifically after the detention pond is completed, the Town Planner will review the site and any screening as may be reasonably required by the Town Planner 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. 6) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week mast be fenced off and covered. 7) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 8) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 9) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. '10) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 11) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12) No underground fuel storage shall be installed except as may be allowed by Town Regulations. 13) 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. 14) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. 15) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 16) This Special Permit approval shall be deemed to have lapsed on May 13, 2005 (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. 17) The Board granted waivers for Section 8.3.5.3.e.ii requiring a boundary line survey and for Section 8.3.5.3.e.xix a traffic study. 18) The following information shall be deemed part of the decision: Plan Titled: Napoli Trucking Located at Lawr ce Municipal Airport Clark Street North Andover, Mass. Prepared By: Christiansen & Serpi 160 Summer Street H-ve h 1- A ffUo- Sheets: 1-3 Scale: As Noted Dated: January 21, 2003, last revised March 17, 2003. cc: Conservation Administrator Police Chief Director ofPublic Works Fire Chief Abutters Health Administrator Applicant AssessorDPW Building Inspector Engineer File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andovero " q� This is to certify that twenty (20) days Office of the Planning Department tie have'elapsed from date of decision ,180mmunity Development and Services DivW ro 9 without filing of an appeal., Date `n g -c 27 Charles Street �J °R4re° �rat�5 Joyce A, OradshawNorth Andover, Massachusetts 01845 NCFi i ? �!t r4(at3 ac"usti TOwnClerk PLANNING rA;;PA. rr,,iEFTr http://www.townofnorthandover.com Planning Director: P 978 688-9535 jwoodsG�townofnorthartdover.com ( ) J. Justin Woods F (978) 688-9542 NOTICE OF DECISION SENT USPS VIA CERTIFIED MAIL �1rL` RETURN RECEIPT REQUESTED AT* r 0%q L) 1403 g- Clark Street To t - k Napoli Trucking Site Plan Special Permit The p,ibllc 11Lar;ng or, the above referenced application was opened by the North Andover Planning Board on March 11, 2003 and closed on April 8, 2003. Philip Christianson, P.E. of Christianson & Sergi, Steven Webster and Attorney Domenic Scalise represented Mr. Napoli. On May 6, 2003, Nardella made, and White seconded, a motion to grant a Site Plan Special Permit to allow for the construction of two steel frame 6,000 square foot garages and related site improvements and landscaping within the Industrial -2 Zoning District, under the requirements of Section 8.3 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by the by Louis Napoli, Napoli Trucking, 52 Inglewood Street, North Andover, MA, 01845. The original application, excluding revised documentation, as cited herein, was filed with the Planning Board on submitted on February 4, 2003 with subsequent submittals on file. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. ; The Planning Board voted on the motion by a vote of 5 'in favor to 0 against (Schwartz did not vote). i.`A special permit issued by a special permit granting authority requires a vote of at least four members of afive- member board. See MGL Chapter 40A, Section 9 and Section 10.3(5) ,of the Town of North Andover Zoru Bylaw. Accordingly, the Application for the Site Plan Special Permit is approved with the attached conditions. The applicant is hereby notified that should the applicant disagree with this decision, the applicant bas' the right, under rvluL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk A Respectfully Submitted: it � Planning Director lUt& North Andover Planning Board: John Simons, Chairman Alberto Angles, Vice Chairman Richard Nardella, Clerk George White Felipe Schwarz James Phinney, Associate Member /:.:� V tl. It' ii NOV 3 - 2003 BOARD OF APPEALS 688-9541 BUII,DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 BOARb OF APPEALS i CW Clark Street Napoli Trucking Site Plan Special Permit May 13, 2003 Page 2 of 3 RECEIVED NORTIA A,nE001MA PLANNING DEI_ ART�1ENT Appendix A In accordance with North Andover Zoning Bylaws Section 8.3 and 10.3, the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, is met. Specifically the Planning Board makes the following FINDINGS OF FACT: 1. The existing site is located in the Industrial -2 District at the Airport on Clark Street within a proposed lease area of approximately 80,000 square feet. The specific site is an appropriate location for the project given that the site is currently vacant land designated for non -aviation use. 2. The building as designed will not adversely affect the neighborhood as the project includes substantial landscaping around the entire site and the abutting properties immediately adjacent to the site are across the streets and commercial in nature. 3. There are no wetland resources or related buffers or ILSF exist at the site. 4. The proposed use is allowed in the 1-2 District, and does not conforms to the applicable dimensional criteria, but a Special Permit and variance for the project was granted by the Zoning Board of Appeals. 5. No increase in runoff rates or volume will occur provided that the drainage infiltration system is constructed as designed. 6.. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 7. The Planning Board also makes a specific finding that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3 5 but requires conditions in order to be fully in compliance. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following' conditions: a) . A bond in the amount of five thousand ($5,000) dollars in the form of a check 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. 2) Prior to the start of construction: a) During construction, the site must be kept clean and swept regularly. b) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction, an,'ii&i uiwg the 17, biic Gf anticipated ac i- ties on the site. . 3) Prior to Building Permit Issuance (Form Ll): a) The Planning Board must endorse the final site plan mylars and thr (3) copies of the si ed plans must be delivered to the Planning Department. b) One certified copy of the recorded decision must be submitted to the Planning Departmen c) The applicant must provide to the Planning Department a recorded copyof e ZBA approval and variance. 4) Prior to issuance of the Certificate of Occupancy: a) 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 b) The building must comply with applicable state fire and building codes. BOARD OF APPEALS 688-9541 BL71 LDTNG 688-9545 CONSERVATION 688-9530 FIEALTH 688-9540 PLANNING 688-9535 0 Clark Street Napoli Trucking Site Plan Special Permit May 13, 2003 Page 3 of 3 RECEIVED OCT O 9 20p.j NORTH MKDOVE;R PLANNING DEPARTMENT 5) Prior to the 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. Specifically after the detention pond is completed, the Town Planner will review the site and any screening as may be reasonably required by the Town Planner 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. 6) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must be fenced off and covered. 7) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 8) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 9) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 10) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 11) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12) No underground fuel storage shall be installed except as may be allowed by Town Regulations. 13) 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. 14) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. 15) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 16) This Special Permit approval shall be deemed to have lapsed on May 13, 2005 (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. 17) The Board granted waivers for Section 8.3.5.3.e.ii requiring a boundary line survey and for Section 8.3.5.3.e.xix a traffic study. u . 18) The follow:,g info—nn tion shall b &-e-Meu Z3� dfthc decision: Plan Titled: Napoli Trucking Located at Lawrence Municipal Airport Clark Street North Andover, Mass. Prepared By: Christiansen & Sergi. 160 Summer Street Haverhill, MA 01830 Sheets: 1-3 Scale: As Noted Dated: January 21, 2003, last revised March 17, 2003. cc: Conservation Administrator Police Chief Abutters Director ofP'ublic Works Fire Chief Assessor Health Administrator Applicant DPW Building Inspector Engineer File BOARD OF APPEALS 688.9541 BIUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 0 ESSEX NORTH. RE STPY OF DEME LAWRENCE, MA$S. F'Y• ATTE T: A TRUE CO S North County A I I L, I � Ray.v-0-ry o! u ed� Common cJtreet a _e, M-EAssachuse-tts 61,840 'own of North Andover e • of the Planning Department )evelopment and Services Division 27 Charles Street .,Andover, Massachusetts 01845 rwww.towndnorthandover.com ,ds@townofnorthandover.com NOTICE OF DECISION WT USPS VIA CERTIFIED MAIL ETURN RECEIPT REQUESTED lWa 0,510 owo O%qq 1(403 P (978) 688-9535 F (978) 688-9542 A -i 71.�_!­ b.'N !X• Ced, application was opened by the North Andover Manning Board on i LAI 2003. Philip Christianson, P.E. of Christianson & Sergi, Steven represented Mr. Napoli. RL. White seconded, a motion to grant a Site Plan Special Permit to frame 6,000 square foot garages and related site improvements -2 Zoning District, under the requirements of Section 8.3 & 10.3 of 7" V:: - _V 4, kis Special Permit was requested by the by Louis Napoli, Napoli DECIP-1 C7 C, _j tdover, MA, 01845. The original application, excluding revised -J I with the Planning Board on submitted on February 4, 2003 with cant submitted a complete application, which was noticed and 52 of the Town of North Andover Zoning Bylaw and MGL Chapter was subject to the FINDINGS OF FACTS and SPECIAL A. to this decision. ion by a vote of 5 in favor to 0 against (Schwartz did not vote). A t granting authority requires a vote of at least four members of a five - Section 9 and Section 10.3(5) of the Town of North Andover Zoning for the Site Plan Special Permit is approved with the attached DeEK'i,:- The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk, Respectfully Submitted: L ,� . -1 tr E d E I ), Planning Director fd]-&e North Andover Planning Board: John Simons, Chairman Alberto Angles, Vice Chairman Richard Nardella, Clerk George White Felipe Schwarz James Phfimey, Associate Member X!-1 A alk0ailiv H -L!"11011 k A I -AIV It -is (PY 'C, 331kor BOARD OF APPEALS 688-9541 -BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 RECEIV Town of North Andover QE Na or "qM Office of the Planning Department 0 Q This is to ce&ty that twenty (210) days have elapsed from date of decision, leeabmmunity Development and Services Division Wthoi t filing of an appeal. 27 Charles Street NOf t�f M F� Date PLANNING DEE �5 Joyc �►� haw North Andover, Massachusetts 01845 ACl1115Et Town Clark http://w-ww.townofnorthandover.com Planning Director: jwoods@townofnorthandover.com P (978) 688-9535 J. Justin Woods F (978) 683-9542 NOTICE OF DECISION SENT USPS VIA CERTIFIED MAIL ATTES` ': RETURN RECEIPT REQUESTED .A. T/r�ue Copy �y0= # Lc0a 0510ORN VA. 5 �Mt—w if 1�Z�eai. Clark Street (((GGJJJJ'' GG Napoli Trucking Town Clerk Watershed Special Permit The. public bearing on the above referenced a..ppl.i:catian was opened by the Nora: Andover Planning Bo rd on March 11, 2003 and closed on April 8, 2003. Philip Christianson, P.E. of Christianson & Sergi, Steven Webster and Attorney Domenic Scalise represented Mr. Napoli. On May 6, 2003, Nardella made, and White seconded, a motion to grant a Watershed Special Permit to allow for the construction of two steel frame 6,000 square foot garages. and related site improvements': and landscaping within the Industrial -2 Zoning District and Watershed Protection District, under the requirements of Section 8.3 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by the by Louis Napoli, Napoli Trucking, 52 Inglewood Street, North Andover, MA, 01845. The original application, excluding revised documentation, as cited herein, was filed with the Planning Board ori' submitted on February 4, 2003 with subsequent submittals on file. The applicant submitted a complete = application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North AndoVdr' ' Zoning Bylaw and MGL Chapter. 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision: The Planning Board voted on the motion by a vote of 5 in favor to 0 against (Schwartz did not vote). A special permit issued by a special permit granting authority requires a vote .of at least four members of a five - member board. See MGL Chapter 40A, Section 9 and Section 10.3(5) of the Town of North Andover Zoning Bylaw. Accordingly, the Application for the Watershed Special Permit is approved with the attached conditions. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under IMILGL Chapier 40A, Section 17, to appeal to this decision within Twenty days after the date this decision has been filed with the Town Clerk. Respectfully Submitted: r u --j�) `a/" - 1-- cl-11' LA5 1 U �' E � V i (_ i 411 11 Woods, Planning Director Ae North Andover Planning Board: John. Simons, Chairman Alberto Angles, Vice Chairman Richard Nardella, Clerk George White Felipe Schwarz James Phinney, Associate Member NOV 3 - 2003 BOARD Or APPEALS ` , {_i 1 ' c, u BOARD OF APPtXE� 688=9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANN-NG 688-9535 Erk Street poli Trucking Watershed Special Permit May 13, 2003 Page 2 of 3 Nr'No 3TH ANL)GVEq P:NNIUGDEPARTtylENT Appendix A Appendix A In accordance with 4.133 the Planning Board makes the finding that the intent of. the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board makes the following FINDINGS OF FACT: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantityof water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The building will be connected to the Town sewer system. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) Certification has been provided by a registered professional engineer that the construction of the two steel frame 6,000 square foot garages and related site improvements and landscaping will not have an effect on the quality or quantity of runoff entering the watershed protection district d) The construdion of the building has been reviewed by the town's outside engineering consultant, VHB, and with the application of the erosion control, use of organic low nitrogen fertilizers, and drainage infiltration system, there will be no degradation to the quality of quanity of water in or entering Lake. Cochichewick. 2. While no construction occurs in the Non -Discharge Buffer Zone, there is no reasonable alternative to constructing some parking and drainage facilities in the Non -Discharge Buffer Zone. In accordance with Section 1031 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1. The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2. The use will not adversely affect the neighborhood; 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5. The proposed use is allowed in the T-2 District, and conforms to the applicable dimensional criteria. A Special Permit for the project was granted by the Zoning Board of Appeals. 6. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan Titled: Napoli Trucking Located at Lawrence Municipal Airport Clark Street North Andover, Mass. Prepared For: Louis Napoli, Napoli Trucking Prepared By: Christiansen & Sergi. 160 Summer Street Haverhill, MA 01830 Sheets: 1-3 Scale: As Noted Dated: January 21, 2003, last revised March 17, 2003 BOARD OF APPEALS 688-9541 . BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Clark Street OCA',. O 9 Napoli Trucking OCT � � ��oj Watershed Special Permit OV May 13, 2003 NOF' RE�NN NG r"EP NM Page 3 of 3 PLANN'k".- b) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to issuance of a building permit: a) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. b) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 3) Prior to a Certificate of Occupancy: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved Pla b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4) in no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition # 1. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall. contact Dig Safe at least 72 hours prior to commencing excavation. 7) 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. 8) This Special Permit approval shall be deemed to have lapsed on May 13, 2005 (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. cc. Conservation Administrator Director. of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ESSEX NORTH R 'Y jfR DEE J-AWRENCE, MASS• A TRUE COPY: ATTEST # 43 Check 45100 THANK YOU! Thomas J. Burke Essex North County, Registry of Deeds 381 Common Street Lawre��e, Massachusetts 01840 D SCALISE KM 1O/O9/O3 # 4O Rec: DOC. 60183 `''e PLAN 20O.00 C. P. 8O.0O R. D. 20. 0O DECN 501- C. P. 20. 0f) DOC. 60184 D R. D. 5. 0C) # 42 Rec: Type DECN 50:: 0-0 DOC. 60185 C. PK 210O Total R. D. 5.00 450. 0-.-r*--. # 43 Check 45100 THANK YOU! Thomas J. Burke Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Any appeal shall be filed Notice of Decision within (20) days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 52 Inglewood Street NAME: Napoli Trucking Company HEARING(S): 10/9 & 11/13/01, 7/9, 10/8, & 11/12/02; 5/14,6/10, & 8/12/03 ADDRESS: 52 Inglewood Street PETITION: 2001-032 North Andover, MA 01845 TYPING DATE: August 18, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Napoli Trucking Company, 52 Inglewood Street, North Andover, MA requesting a Special Permit from Section 9, Paragraphs 9.1 & 9.2 in order to continue in its present use the trucking business which was commenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time. Said premise affected is property with frontage on the East side of Inglewood Street . within the R4 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by Walter F. Soule and Td by Joseph D. LaGrasse, the Board voted to GRANT the Special Permit from Section 9, Paragraphs 9.1 & 9.2 in order to continue in its present use until November 30, 2003 on the following condition: 1. The 52 Inglewood Street premises shall cease to be used for a contractor's yard. Equipment such as snowplows, backhoes, bobcats, bituminous spreader & roller, platform trailer, tri-axel dump trucks, six -wheeler sander, F350 dump truck, etc. will no longer be stored, or washed, or serviced in the open at this location. 52 Inglewood Street shall be allowed Resident 4 Zoning District uses, only, as of December 1, 2003. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.2 of the Zoning Bylaw that such change, extension, or alteration shall not be substantially more detrimental than the existing temporary usage to the neighborhood. D f Qj F-11 k=) r;- Pagel of 2 -0 -..--: w r` -i 1y r.� ,D Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Decision 2001-032 Page 2 of 2 Town of North Andover Board of Appeals, William I S livan, Chairman Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530. Health 978-688-9540 Planning 978-688-9535 > YJ S7 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530. Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning hoard of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Date �101mq&vb TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax (978) 688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regar ing the granting of a Variance and /or Special Permit for property located at: STREET: d6110 ti` Ull cl TOWN: MEETING DATE(S): &--A�f o� NAME OF PETITIONER: /V�/� �✓ 7a- Uald4 Signed: WAIVER d� BOARD OF AP S688-9541 NOV 12 2002 BOARD OF APPEALS (or petit'ioner's representative) BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 �.�.� La=vir-r��M u ' iYet;NOFtT,�Su OVE�R�r�pta�_;49T 0&D Mf 'Q1845 'f 794 58$C� a FRJC (978) 794561 a November 12, 2002 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Re: Lawrence Municipal Airport Dear Chairman Sullivan: It has come to my attention that there is a misunderstanding concerning a state grant - funded project at the Lawrence Municipal Airport. I understand that this misunderstanding is being presented as a basis for the denials of permits for projects located on the airport. It is also my understanding that the issue centers on a pre - application to the Massachusetts Aeronautics Commission ("the MAC") for approval and funding of an airport project consisting of the reconstruction of a taxiway "D", and the installation of vehicle access gates. I am writing this letter to you and the Board to clarify the circumstances surrounding this project. Although the taxiway project was proposed in a pre -application to the MAC on June 30, 1998, the project was merely programmed into the Capital Improvement Program for fiscal year 1999 as evidenced by the September 4, 1998 letter of Robert J. Mallard, P.E., Manager of Airport Engineering at the MAC. I enclose a copy of Mr. Mallard's letter for your review. Specifically, Mr. Mallard states in the second paragraph of his letter that "the acceptance of a pre -application does not represent final project approval nor a commitment of funding until so voted- by .the MAC". On June 6, 2001, the taxiway project did receive a vote of approval and funding from the MAC. I enclose a copy of a letter from Robert J. Mallard, P.E., now, the Executive Director of the MAC, whereby the Airport Commission Chairman was notified of the approval of the project. With the MAC approval in hand, throughout the summer and fall of 2001, the Airport finalized its permitting with the Town of North Andover and also refined the terms of its contract with the General Contractor overseeing the project. On or about April 22, 2002, the taxiway reconstruction component of the project commenced and, with the exception of several "punch list" items, was completed on or "o?t f first week in July. Presently, the vehicle access gate component of the project ONOV2 !2002 BOARD OF APPEALS William J. Sullivan, Chairman November 12, 2002 Page 2. is being upgraded to address post September 11, 2001 security standards. The original gate design was intended to address vehicle access in relation to runway incursions and did not contemplate enhanced security issues. The Airport's engineering firm of Dufresne -Henry, Inc. is working with a local access control contractor to upgrade this design to include security issues as well. I ask for favorable treatment of the projects pending before the Zoning Board of Appeals that are taking place on the airport property. These projects will not only enhance the tax revenue for North Andover, but also will increase operational revenue for the airport. With this increased revenue, the airport can implement its desired security measures sooner, rather than later, by not having to rely on the state grant process. As you can infer from the time that it took for the taxiway reconstruction project to go from pre - application to final approval, this process can take several years. Thank you for your consideration in this matter. Very truly yours, Michael P. Miller Airport Manager Enclosures as cited 4. The Comnwnweafth o Massachusetts Uq1 .f Aeronautics Commission Jane Swift Governor June 6, 2001 Kevin J. Sullivan Secretary David Howshan, Chairman Lawrence Airport Commission 492 Sutton Street North Andover, MA 01845 RE: AIP 3-25-26-17, "Reconstruct a Portion of Taxiway D" Dear Mr. Howshan: Sherman W. "Whip" Saltmarsh, Jr. Chairman James C. Fullerton ice Chairman Phyllis R. Freilich Commissioner Robert S. Mirabito Commissioner Arthur G. Allen Commissioner Robert J. Mallard, P. E. Executive Director The Massachusetts Aeronautics Commission met on this date and voted to approve state funding for the following project at the Lawrence Municipal Airport: "A vote to award the Lawrence Airport Commission state funding in the amount of $40, 250 for the purpose of Reconstructing and Lighting a Portion of Taxiway D and Installing Vehicular Access Gates. " The state grant/service contract will be mailed to you shortly. If you have any questions concerning this matter, please call me at (617) 973-8881. Sincerely, Robert J. Mallard, P.E. Executive Director cc: Michael Miller, Interim Airport Manager Steve Langlais, DH Cliff Vacirca, FAA Mike Thompson, MAC (Grant #LWMTWD) U:\RJM\RJM Winword Fi1es\L.WM26-17.doc IIS ■4. a ka,t'oom 6620, Boston, MA 02116-3966 Phone 617-973-8881 Fax 617-973-8889 BOARD OF APPEALS W 0 Mass Aeronautics Commission September 4, 1998 Eileen Bernall, Chairperson Lawrence Airport Commission 492 Sutton Street North Andover, MA 01845 RE: AIP Project Pre -application "Reconstruction of a Portion of Taxiway D" Dear Ms. Bernall: SEP 0 9 10-089 Sherman W. "Wilp" Saltmarsh, Jr. Chairman James M. Slattery Vice Chairman Henry L Crouse Commissioner James C. Fullerton Commissioner William "r Thompson Commissioner Stephen R. Muench Executive Director The pre -application (dated June 30, 1998) for the above referenced project at the Lawrence Municipal Airport is hereby accepted by the Massachusetts Aeronautics Commission (MAC). This project is listed in the CIP for FY99 and will therefore be considered for further action under the federal Airport Improvement Program (AIP). Based on MAC's review of the document, the project scope and estimated funding appears to be consistent with previous planning efforts so state and federal funds have been programmed accordingly. Please note that acceptance of the pre -application does not represent final project approval nor a commitment of funding until so voted by the MAC. If you have any questions or need additional information, please call me at (617) 973-8886. Sincerely, Robert J. Mallard, P.E. Manager of Airport Engineering cc: Mac MacKinen, Airport Manager Steve Langlais, DH Cliff Vacirca, FAA LWM26-14b.DOC NOV 1 24 2002 L.: BOARD OF APPEALS State Transportation Building • Ten Park Plaza • Room 6620 • Boston • MA 02116-3966 Office: 617-973-81181 • Fax: 617-973-8889 CD J N a OO Q C-2 O C:) O AN ene31eu!WON ,A loZ 0 .b 9+78H -00 !D .Sl/L � dl .b y+7BH llD „9wL �.Ll i5H ene3 IeUIwON .A AZ LO li (yi N ze, CN C TL LL N C O U N O L U a a � N N N N 0I O N 0 �tlp p z 0 0 U) ej Q B E n LL aid w d m r M _ J O N C N O X J a b C,4 a cm r x (J] l'I m :D (7 z Ih U C m d U m U� "C d +v a. c� T C mp0 Cy 2!E C G) CCC... s� TsE LO dw 'vim o EE Q L°•� d ui LL c C yy� � � Q N aLSA o v o erg •• ° r eE m oz° g ° 4W p�� at OC 00- S Y Ori _E v (Up OW (1111J11 G,C •� � Q v w ni a m tn— M — N — MSl MSH .0.OZ .0 oz ,0 AZ 1538 .O A .0 loc SS300V H I I H y H_ , _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ -H H- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ -H H_ _ _ _ _ _ - _ _ _ _ . - _ _ _ _ . _ _ - _ _ _ _ _ _ _ _ _ - _ _ _ _ _ -H H- _ _ _ _ _ _ _ - _ - _ _ . _ . _ . _ _ _ _ _ _ - _ _ . _ . _ _ _ _ _ _ -H H H ,0.5£ .0.9 � ,0 A L ss355v .O ,OZ ,0.OZ ,O.OZ 153s ,0.09 MSS nnc)l lleMpu3 }uaa3 DESCRIPTION OF FINDING REQUESTED Applicant seeks a Special Permit to establish a Contractor's Yard for his existing trucking business on a portion of land to be leased from The Lawrence Municipal Airport. A Special Permit is required because the airport use of this property is currently non -conforming. This is an allowed use under Table I in an Industrial 2 Zone. Lawrence,Municipal Airport 492 SUTTON STREET' NORTH ANDOVER, MA 01845 (978) 7945880 FAX (978) 794-5961 October 10, 2002 North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Re: Napoli Trucking Company, Inc. Dear Board Members: Please be advised that the Lawrence Municipal Airport hereby authorizes Napoli Trucking Company, Inc, to file an application for a "Special Permit" relative to its proposed development on the airport with the North Andover Zoning Board. Very truly yours, Michael P. Miller Airport Manager CC: Napoli File Domenic Scalise, Esq. NOCT 1 1 2002 BOARD OF APPEALS /' SIV3dd`d d0 MJVO8 1002 1 I 100 m O It C13 00 cmT- C: C C Q N L� L i -i > U) > Q co Q EUS Z N Z Lrer�ce .Mu " i6p�al • 462 SUTTO" STREET • ~ ,� ,. j NORTH ANDOVEA. MA 41845 r (976)784.5880 o FAX (9788) 794-5901 October 10, 2002 North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Re: Napoli Trucking Company, Inc. Dear Board Members: Airport Please be advised that the Lawrence Municipal Airport hereby authorizes Napoli Trucking Company, Inc, to file an application for a "Special Permit" relative to its proposed development on the airport with the North Andover Zoning Board. Very truly yours, Michael P. Miller Airport Manager CC: Napoli Nile Domenic Scalise, Esq. 'avvn of ortli Andover. Zoning Board of Anneals Parkes of Interest / Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's: proper and use black ink.) ty, list by map; parcel, name and address (please print clearly MAP PARCEL NAME ADDRESS, AA "UTTERS PROPERTIES /�u✓2�vcF_i i Offf"10 MAP PARCEL NAME Ch I UA ISS Zeujt rA TO ��grU/t//� .i21A1rt�.197�-2 ADDRESS a asci �� �f2sE'7` ��CUE•2. 4lrt S9 a/�Clt'JI.?t9 n'�.P�tfo,�, TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS PROCEDURE and REQUIREMENTS for FILING an APPLICATION for a SPECIAL PERMIT Ten (10) copies of the following information must be submitted thirty (30) days not later than noon prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an aDDlication as incomDlete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be comDleted by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Permit Denial form completed by the Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). SPECIAL PERMIT STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North.Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department Q#flce. C= - �, C -� < —+ s M r -I _ co C- >� 'rte CD Mr->-, oMo71 CD7)jcnTo MSD W ryryryryryry... (( IIJCT IMPORTANT PHONE NUMBERS.978-688-9501 Town Clerk's Office 1 0 2002 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office BOARD OF APPEALS PAGE 2 OF 4 Date &-Time Stamp Application for a SPECIAL PERMIT n.. �a.xr^ �, �., North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Napoli Trucking Co., Inc., 52 Inglewood Street, North Andover, MA 01845 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Lawrence municipal Airport Commission 492 Sutton Street North Andover, MA 01845 Years Owned Land: approximately 75 years (978) 794-5880 3. Location of Property: a. Street: Clarke Road Zoning District Industrial 2 (1-2) b. Assessors: Map number 74 Lot Number: 1 c. Registry of Deeds: Book Number 14 Page Number: 29 Registered Land Book Number 10 Page Number 133 Registered Land 4. By -Law Sections under which the petition for the Special Permit is made. North Andover Zoning By -Laws, Section 9, Paragraphs 9.1 and 9.2 40 FARC€ .I "Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: Applicant seeks a Spec t to construct a contractor's Industrial 2 Zone which is an allowed use in this zone. d in an locus property IS aeing leasea trom the Lawrence-Ai-rport commission w i cn is a non-confurminc use in an Industrial 2 Zone The proposed use is in harmony with the general- purpose and intent of the By -Law. A literal enforcement of the By -Law would involve substantial etriment to the e > ioneran a esira e re ie may L..-. i-rrnn-!-eA U-Ii+FhrNti+ ctihc+-Mn+-4 n Al +--4---4- 4-.. 4-L... ..,.L 1 � .. .._A _rte ___ -L___— nullifying or substantially derogating from the intent or purpose of the *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Zoning By -Law. Page 3 of 4 Application for a SPECIAL PERMIT NORTHANDOVERZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage 77, nnn 16 % b. Proposed Lot (S): Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage Frontage Parking Feet Spaces ii c; ng Frontage Parking Feet Spaces o� c. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces _8 0. 0 0 3 5 % 150 7. a. Existing Buildings: Nonf Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* * Minimum Lot set Back * Front Side A Side B Rear * Minimum Lot set Back * Front Side A Side B Rear * Minimum Lot set Back * Front Side A Side B Rear Number of Units *Reference Use Code numbers and Uses from the Zoning By -Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* Number of Units 6,000 1_ 6 , no C'ontrar-tnr' a Stnraae of Trncks1 6.000 and Equipment _1 6.000 Contractor'Storage of TrirkS 1 *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. and Equipment 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and ,egulations may result ip a dismissal by the Zoning Board of this application as incomplete. A i /// 1) //' Type above name (s) here Domenic v -Scalise, ttorney for ADn1 i cant 89 Main Street North Andover, MA 01845 (978) 682-4153 PAGE 4 OF 4 Application for a SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. This is required in the case of a Special Permit when the following points, based on MGLA ch. 40A, sec. 9 of the North Andover Zoning By -Law and P 9.2 Special Permit Granting Authority shall be clearly identified and factually supported: Addressing each of the below points individually is required with this application. 1, The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of the zoning by-law. 6. Specific reference and response to the criteria required by the particular special permit for which this application is made (i.e. Earth Removal Special Permit respond to criteria and submittal requirements). 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a) five or more parking spaces, b) three or more dwelling units, and c) 2000 square feet of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with asterisks (*) In some cases further information may be required. 10 B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11 °x17", preferred scale of 1"=40' b) Plan prepared by a Registered Professional Engineer and or Land surveyor, with a block.for five (5) ZBA signatures and date on mylar. 10 C. FEATURES TO BE INDICATED ON PLAN: A. Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements B. Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner of record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation and interior of building plans will be required when the application involves new construction/conversion and/or a proposed change in use. Elevation plans for minor projects including decks, sheds, & garages shall be included with a side view depicted on the plot plan, which include a ground level elevation 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certified mail all legal notices to all abutters, and then supply proof of mailing to ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties of interest as identified in MGLA ch. 40A in sec. 11 as listed on the application. ZBA Secretary will compute number of stamps. B. Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. 10 121, A Special Permit once granted by the ZBA will lapse in two (2) years if not exercised and a new petition must be submitted.