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HomeMy WebLinkAbout20160419 Application - Application - 2302 TURNPIKE STREET 11/13/2015 MAN N &MANN, P.C. COUNSELLORS AT LAW 71LL ELMSTROM MANNt* KURT P.NIANNt* MELISSA GNOZA OGDENt tAdmitted to practice in Massachusetts *Admitted to practice'in New York November 13, 2015 Town of North Andover Joyce Bradshaw,Town Clerk 120 Main Street North Andover, MA 01845 RE: 2302 Turnpike Street, North Andover- Earth Works Inc. Dear Ms. Bradshaw: Enclosed please find three (3) copies of the Special Permit Application for Site Plan Review. Included with this submittal are the following: 1. Application with$3,279.52 Application Fee 2. Owner Authorization and Deed 3. Memorandum 4. Site Plans 5. Architectural Plans 6. Drainage Report 7. Abutter's List 8. Outside Consultant Agreement and Fee for$2,000.00 Please time stamp all three (3) copies and retain one full set for the Town Clerk's records. Thank you for your kind consideration. Very truly yours, &MANN, P.C. ;;INN mstrom ann /jkk Enclosures S. Gill(Earthworks)2015-41-Turnpike St,IM AndoverlZoning InfolApplication itr town clerkdocx 191 South Main Street,Suite 104 Direct Email: jill®mannpc.com Middleton,Massachusetts 01949 kurt@mannpc.com Telephone:978-762-6238 melissa@mannpc.com Facsimile:978-762-6434 N, P.C. CouNsELLORs AT LAw / ,TILL ELMSTROM MANNt* KURT P.MANNt* MELISSA GNOZA OGDENt tAdmitted to practice in Massachusetts *Admitted to practice in New York To: Planning Board- T worth'Andover From: Jill Elmstrom Mann Date: November 13, 2015 he Petitioner: Earth Works Inc. Owners: Kevin and Elizabet'� ,Trustees of the Murphy,Y Murphy Family Educ. Trust p p Y Y Property: 2302 Turnpike Street, North Andover, Map 10/A, Lot 9 REQUESTS: Site Plan Special Permit- Section 8, Paragraph 8.3(2)(i) of the North Andover Zoning Bylaw SUBMITTAL REQUIREMENTS: 1. Application plus Site Plan Review Fee in the amount of$3,279.52 2. Site Plans-Sheets 1-12, prepared by Williams &Sparages LLC, dated November 4, 2015 3. Architectural Plans-prepared by Modus, dated November 13, 2015 4. Outside Consultant Agreement plus check for$2,000 5. Stormwater Drainage Report,prepared by Williams &Sparages LLC, dated November 4, 2015 6. Abutter Envelopes with paid postage SUMMARY DESCRIPTION OF THE PROPERTY AND PROJECT: As shown on the Site Plans,the Property is located at the corner of Sharpners Pond Road and Turnpike Street near the boundary between North Andover and Middleton. The Property consists of approximately three and one half(3.5) acres of land and is comprised predominantly of upland with a corner of the Property being classified as bordering vegetated wetland ("BVW") Petitioner has entered into a purchase and sale agreement to acquire the Property from the Owners and intends to redevelop it as a mixed use commercial development in accordance with the uses that are permitted by right in the B-2 District. The Property is currently improved by a vacant residential structure and garage that are in poor condition and will be razed as part of the proposed redevelopment. Petitioner intends to construct two (2) separate structures (individually"Building" and collectively"Buildings") along with all associated infrastructure required to support the Buildings and their various uses (the "Project„) 191 South Main Street,Suite 104 Direct Email: iill®mannpc.com Middleton,Massachusetts 01949 kurtQmannpc.com Telephone:978-762-6238 melissa@mannpc.com Facsimile:978-762-6434 yin a ejx t ORT�( ���t1 PLANNING DEPARTMENT Community Development Division Special Permit-- Site Ilan Review Application Please type or print clearly. 1.Petitioner: EARTH WORKS INC. - DANNY GILL, PRESIDENT Petitioner's Address: 23 ASH STREET, NORTH ANDOVER, MA 01845 Telephone number: 978-2 65-732 0 2.Owners of the Land: KEVIN & ELIZABETH MURPHY, TRUSTEES OF MURPHY FAMILY EDUC. TRUST Address: 169 BOXFORD STREET NORTH ANDOVER MA Number of years of ownership:PARCEL 1 SINCE 2005 (10 YRS) /PARCEL 2 SINCE 2 0 0 9 (9 YRS) 3.Year lot was created: PARCEL 1 IN 19 6 5/ PARCEL 2 IN 1972 4, Description of Proposed Project: The Petitioner is proposing to develop the Property as a mixed-use retail and business office commercial complex with accessory - indoor storaqe and parking- The Property will rnnqlqt nf two (2) buildi.Ln s s : one (1) two-story building with first floor retail and first and second door office ace sna with a basement 1 e L-1 garagbeneath n si ngl level garage space on i . .ts north and north west facing sides; and one (1) standalone single level building with office space and indoor storage and parking. 5. Description of Premises:An oversized lot that is currently improved by a vacant single family home and garage. 6.Address of Property Being Affected: 2302 TURNPIKE STREET Zoning District: B-2 Assessors Map: 10 8A Lot M 9 Registry of Deeds: Book#: 13760 Page#: 252 7.Existing Lot; Lot Area(Sq.Ft):152, 73 9 S .F. Building Height:NA(EXISTING STRUCTURES ARE BEING RAZED) Street Frontage:4 3 8 . 0 3 ' /4 2 2 . 3 6 ' Side Setbacks: NA Front Setback: NA Rear Setback: NA Floor Area Ratio: NA Lot Coverage: NA 8.Proposed Lot(if applicable): AFTER DEVELOPMENT Lot Area(Sq. Ft): 152 , 739 S .F. Building Height: 341711 Street Frontage:4 3 8 . 0 3 ' /4 2 2 . 3 6 ' Side Setbacks: 1161 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townotnorthandover.com Edited 9/30/10 Front Setback: 10 2 ' 5"/3 0 ' 7" Rear Setback: 541411 Floor Area Ratio: n 1 ti . 1 Lot Coverage: 1-1 9. Required Lot(as required by Zoning Bylaw): Lot Area(Sq. Ft): 25, 000 SF Building Height: 351 Street Frontage: 12 5 ' /2 5 0 ' Side Setbae-W /4 0 ' WHERE LOT ABUTS RES .DI ST. Front Setback: 10 0 ' /2 5 ' Rear Setback: 3 0 ' /4 0 ' WHERE LOT ABUTS RES .D I S T. Floor Area Ratio: 0 . 7 5 : 1 Lot Coverage: 3 5 a 10.Existing Building(if applicable): NA Ground Floor(Sq.Ft.): NA #of Floors: NA Total Sq. Ft.: NA Height: NA Use: Type of Construction:NA 11. Proposed Building: Ground Floor(Sq. Ft.): 15, 916 SF #of Floors: TWO PLUS A FULL BASEMENT Total Sq. Ft. 33 , 998 SF Height: -141711 Use: retail/office/indoor Type of Construction: METAL FRAME CONSTRUCTION WITH storage and parking MASONRY FEATURES AND GLASS 12.Has there been a previous application for a Special Permit from the Planning Board on these premises? No If so,when and for what type of construction? 13.Section of Zoning Bylaw that Special Permit Is Being Requested SITE PLAN REVIEW, SECTION 8 . 3 (2) (i) 14.Petitioner and Landowner signature(s); Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office 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 Planning Board Rules and Regulations may result in a dismi ss a(by the Planning Board of this application as incomplete. Petitioner's Signature: Print or type name here: JILL ELMSTROM MANN, LEGAL COUNSEL FOR EARTH WORKS INC. Owner's Signature: G Print or type name here: SEE THE ATTACHED OWNER AUTHORIZATION 15.Please list title of tans and documents you will be attaching to this application. 1 MEMORANDUM IN SUPPORT OF THE PETITION (includes fiscal and community impact statements and traffic report) 2 . SITE PLANS PREPARED BY WILLIAMS AND SPARAGES NOVEMBER 4 2015 3 . ARCHITECTURAL PLANS PREPARED BY MODUS, NOVEMBER 13, 2015 4STORM WATER AND DRAINAGE REPORT S . OWNER AUTHOFIZATIOM 6 . ABUTTER'S LT T Page 5 of 5 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688,9535 Fax 978.688.9542 Wob www townofnorthandover.com 7 . Outside Consultant Agrtek� g/l&alt c ec 8 . Application Fee in the amount of $3 , 279 . 52 . MANN&AIANN, P.C. 3 tl COUPi9BF MNSAT LAW 44 k h, JILL ELMSMOM MAWtO tJ `' KURT P.MANNt* 'r �MaI54AONOZA OODM A'S S F i/cdt¢it�lty practice In Maaechuaefle AdmtCled to promea to Now York August 31,2015 EARTH WORKS INC. Attention: Danny Gill,President 23 Ash Street North Andover,MA 01845 By Electronic Mail:earthworks300@msn.com RE: FEE LETTER AGREEMENT Set forth below are the terms of an association between EARTH WORKS INC.of North Andover,MA(the"UIM"),and.MANN&MANN,P.C.of Middleton,MA(the"jmf). By signing this letter agreement,Client hereby hires the Firm as counsel to provide Client with legal services and advice in connection with Client's acquisition,permitting and redevelopment of the property located at 2302 Turnpike Street,North Andover,MA(the Tmpeju"). Such legal services shall include drafting and negotiating a purchase and sale agreement for the Property,communicating with local officials and various board members for the Town of North Andover,preparing applications for zoning relief and site plan approval and appearing before various Town Boards including but not limited to the Planning Board and Conservation Commission. 1. $sae. At the time of the signing of this Letter Agrpement and before commencement of services,Client shall deliver to the Firm as a payment on account, Because of this partial payment,the Firm agrees to provi a legal services in connection with the above-matter and to keep the Client fully informed of all significant developments,and to send copies of relevant documents.necessary to achieve that purpose. The payment received shall be applied against both the bills for the legal services performed for the Client and the costs and disbursements,if any as described below. The i Client understands and acknowledges that no legal representation,appearance,or preparation will begin in this matter until payment on account is paid in full. I 2. Billing Rate and Eaenses. Time charges for the services will be billed at the following hourly rates: (a) Partners'rates per hour,, (b) Staff attorneys'rates per hour,and (c) Paralegal rates $ per hour. i The time charges include but are not limited to meetings,public hearings,travel time, telephone conferences,telephone calls to and from the Client(ail telephone calls are billed 191 South Main Street Suite 104 Direct Bmail: f IEl6mannpacom Middleton,Massachuw*01949 kSnj9mannpc.com Telephone:978-762.6238 m�liasa�mannpc,cont Facsimile:WB-762-64M Y Letter Agreement Barth Works btc, Page 2 of 2 at a minimum of one tenth(1/10)of an hour),office conferences,legal research,title research,due diligence and to attempt to identify and locate interested parties,review of file materials and documents sent or received,drafting of pleadings,documents, correspondence and memoranda and conferences. All costs incurred and out-of-pocket disbursements made by the Firm,Including,but not limited to filing fees,travel expenses, legal research search fee,an administration fee for mailing and copying,charges for copies, and other incidental expenses will be billed to the Client. The Firm agrees to obtain the Client's approval before incurring any single cost or disbursement in excess of$500.00. 3. InyQicin . Invoices for services rendered and expenses incurred will be sent to Client on a monthly basis via electronic mail,unless otherwise specified. Included in the billing to Client will be a description of legal services performed,a detailed description of the Item for which services were performed and the amount of time spent on services as well as a description of all costs incurred. Payment is due and payable on receipt. s Interim billing may be made in the event the charges exceed the initial payment on account All interim bills are due and payable on receipt. Failure to pay interim bills promptly will permit the Firm,after notice to the Client,to terminate representation of the Client as permitted by applicable rules and law and after sixty(60)days accrue interest on the unpaid balance at a rate of twelve(12%)percent per annum, If at completion or on termination of legal services,the total of the invoices for services performed and expenses incurred Is less than the amount of the payment on account,the balance will be refunded to the Client. The undersigned acknowledge that they each have read this Letter Agreement and agree to its terms and have signed it as their free act and deed on this 26th day of August ( " 2015. CLIENT: FIRM: EARTH WORKS INC. MANN&MANN,P.0 ! By: Dann ill j President and Treasure i I THIS IS A LEGALLY BINDING CONTRACT. ASK TO HAVE EACH TERM YOU DO NOT UNDERSTAND FULLY EXPLAINED TO YOU SO THAT YOU UNDERSTAND THE AGREEMENT YOU ARE MAKING. f i t r y OWNER AUTHORIZATION KEVIN MURPHY(the "Owner"), hereby authorizes EARTH WORKS INC. and DANNY GILL (the "Applicant"),to apply to all local, state, or federal boards or agencies, including but not limited to the Planning Board, Board of Appeals, Board of Health and Conservation Commission for the Town of North Andover for all approvals, permits and orders as are necessary to develop the property identified as 2302 Turnpike Street, North Andover, MA, MA(the " gpeerty"), as the location for a commercial development and obtain any necessary street opening permits. The Owner further authorizes the Applicant to access the Property for the purpose of conducting surveys, locating wetland boundaries, resolving any issues regarding habitat areas, and soil testing as well as any other necessary inspections of the Property. The Owner may rescind such authorization In the event the agreement to sell the Property to Applicant is no longer a valid and binding agreement between the parties. The Owner disclaims any responsibility for the actions of,or Information provided by, the Applicant relating to any requests for approval or otherwise. Dated: September 11, 2015 Owner: KEVIN MURPHY 1 B k 13766 ps 2S.? 01364 01�-23-2014 10= 47at QUITCLAIM DEED We, KEWN MURPHY and ELIZABETH A. MURPHY, husband and wife, as tenants by the entirety in consideration of ONE DOLLAR AND OTHER VALUABLE CONSIDERATION--($1.00),the receipt and suf idency 4whfch is hereby acknowledged grant to KEWN MURPHY and ELIZABETH A..MURPHY, Trustees of MURPHY FAMILY EDUCATIONAL,TRUST U/d(t dated October 2013 and recorded Immediately prior herzato of 169 9 Boxford Street, North Andover, Essex County, Massachusetts With QUITCLAIM COVENANTS PARCEL ONE: The land, with the buildings thereon, situated on Turnpike Street in North Andover, Essex County, Massachusetts, bounded and described-as follows: SOUTHWESTERLY by Turnpike Street, three hundred (300)feet; NORTHWESTERLY by land now or formerly of Surrette,four hundred twenty-six (426)feet; NORTHEASTERLY by land now or formerly of Putnam Town, two hundred eighty- seven and 801100(287.80)feet, more or less; EASTERLY by land now or formerly of Doyle, two hundred ten (210)feet, more or less; and SOUTHERLY by land now or formerly of C.S. Berry, three hundred twelve and 85/100 (312.85)feet,more or less. Bk 13760 Pg253 #1364 The grantors herein release and waive all rights of homestead which they may have In the property herein conveyed. Being the same premises conveyed to Grantors by deed dated.October 19, 2005 and recorded in the.Essex North District Registry of Deeds at BOOK 9834, PAGE 206. PARCEL TWO: The land with the improvements thereon being shown as a lot of land along Sentinel Military Reservation Access Road,also known as Sharpners Pond Road, on a plan of land entitled, "Plan of Land owned by J.M. and A.M. Doyle, Located in North Andover, Mass., Scale: 2"= 60', June, 1972, Frank C. Gelinas, 55 Gray Street, No.Andover, Mass.,"recorded with the Essex North District Registry of Deeds as Plan No.. 6649. Said parcel is described as follows: SOUTHWESTERLY By Route.114, 125.16 feet; NORTHERLY by land.now or formerly of Knowlton, 170.94 feet; SOUTHEASTERLY by said Access Road, 164.95 feet, Containing 9,908 square feet or land according to said plan. Said.premises are subject to highway easements and taking of the layout of Route 114 and for the.taking for the layout of Sharpners Pond Road,all as recorded with the Essex North District Registry of Deeds in Book 689, Page 28, Book 693, Page 155 and Book 1137, Page.250, respectively. No Title Examination. Being the same premises conveyed to Grantors by deed dated January 31, 2006 and recorded in.the Essex North District Registry of Deeds at BOOK 10019, PAG 161. Executed as a sealed instrument this day of October, 2013. K IN URPHY ILIURPHY Ll Bk 13760 Pg254 #1364 COMMONWEALTH OF MASSACHUSETTS Essex County, ss On this_o2- day of October, 2013, before me, the undersigned Notary Public, personally appeared the above-named, KEVIN MURPHY, proved to me by satisfactory evidence of identification, being A MA, a Q eu.` t�%e s to be the person whose name is signed above, and acknowledged the foregoing to be signed by him voluntarily for.Its- stated . . stated purpose. . Notary Public My Comm. Exp COMMONWEALTH OF MASSACHUSETTS sniA. G,VAUGH;M Notary.Public COMMONWEALTH 0 MASSACHUSM Essex County, ss My Ccmmiseion Dpires r July 6,2618 On this. day of October, 2013;before me, the undersigned Notary Public, personally appeared the above-named, ELIZABETH A. MURPHY, proved to me by satisfactory evidence of identification, being to be the person whose name is signed above, and acknowie ged the foregoing to be signed by him voluntarily for its stated purpose. Not ry Public My Comm. Expires; �Q gS, MADISYN N.PORTORREAL Notary Public `� moi:�assACHusErrs My Commission Expt[es May 26. 2017 L10 Planning Board—North Andover 2302 Turnpike Street Page 2 of 6 The Petitioner operates an active landscaping company out of North Andover and needs more space to accommodate its growing business. Petitioner is also seeking to add a retail component to its operation. Petitioner intends to develop the Property primarily as the new expanded principal location for its landscaping business as well as for other local businesses involved in the construction trades. The center portion of the larger Building will consist of a mix of retail and business offices and the basement and the outside areas of the larger Building and all of the area within the standalone smaller Building will be used for indoor storage and parking by the various businesses that will occupy the office and retail spaces of the Buildings. As shown on the Site Plans,the Petitioner's proposal will disturb areas that are classified as buffer to the BVW, therefore, Petitioner is subject to the Massachusetts Wetlands Protection Act, M.G.L.A. ch.131, § 40 and North Andover Wetlands Protection Bylaw and will be required to submit a notice of intent to the North Andover Conservation Commission.' According to the Town of North Andover Zoning Map,the Property is located in the Business 2 District (the "B-2 District"). Prior to filing this application, representatives for the Petitioner discussed the Project with Gerald Brown, the Inspector of Buildings, and Jean Enright, the Interim Town Planner, and confirmed that the Property is subject to the use regulations, dimensional requirements, and parking regulations set forth in Section 4.127 and Sections 7 and 8 of The Zoning Bylaw for the Town of North Andover 1972,last amended May 20, 2014 (the `Bylaw") and that Project would require site plan review and the issuance of a Site Plan Special Permit under Section 8.3(2)(i). IMPACT STATEMENTS: Community Impact Statement: The architectural design of the Project incorporates a public retail and office presence that is consonant with the character of this area of North Andover. It creates a cohesive bridge between the existing single family homes,multi- family residential structures, and commercial properties that are located in close proximity to the intersection of Turnpike Street and Sharpners Pond Road. The Project has been designed to locate the aesthetically pleasing architectural components of the Project within the visible portions of the Property where the appearance of the main Building provides a smooth transition from commercial to residential by incorporating pitched roofs and wood and stone detailing along the facade. While the more commercial and utilitarian elements of the Project share the stone and metal features of the main Building,those portions of the Project have been located away from the highly visible areas as well as screened from the adjacent properties by significant landscaping in order to minimize any adverse impacts on the neighborhood. In addition,the Project will result in the removal of the existing home and garage that are in a state of disrepair and will transform this corner lot as an entry way to North Andover. 1 Immediately after this Petition is submitted,the Petitioner will file a notice of intent with the Town of North Andover Conservation Commission regarding its activities within the buffer to the bordering vegetated wetland under the WPA and the local wetland bylaw. S:IGill(Earthivorks)2015-41-Turnpike St.,N.AndoverlZonitigltrfoUpplicationWemo.doav Planning Board—North Andover 2302 Turnpike Street Page 3 of 6 Traffic Impact Statement: The Project consists of a mix of retail, business office, and indoor storage use. All traffic entering and exiting the Property will do so from Sharpners Pond Road. The Project will not involve any new curb cuts and has been designed to use the existing curb cut locations on Sharpners Pond Road. In evaluating the traffic impacts resulting from the Project,the site design engineer,Williams &Sparages ("W&S"), used the ITE Trip Generation Data for Office (non-medical) land use 710, Retail land use 820, and Storage land use 150. Based on the ITE information,W&S estimates that the trip generation due from the Project will be an average of two hundred seventy-eight (278) vehicle trips per day. Almost all trips will travel to the Property using Turnpike Street. Recent traffic count data from the Merrimack Valley Planning Commission indicates that annual average traffic along Turnpike Street in 2013 was approximately 29,948 trips per day(Turnpike Street east of Hillside Drive). Accordingly,the additional traffic generated by the Project will represent less than one (1%) percent of the total number of vehicle trips along this section of Turnpike Street. Based on this comparison,W&S believes that there will be no significant or adverse impact to area traffic operations or safety and respectfully suggests that additional traffic impact study work is not warranted. Fiscal Impact Statement: The Project will create an immediate positive fiscal benefit to the Town by generating property tax revenue through the development of new commercial space without any associated burden on the school system or department of public works. The Property has sat undeveloped and underutilized since the Town rezoned it for business uses. Once the Property is redeveloped it will increase the overall value of the neighborhood. The Project will be a privately managed site and will be accessed using Sharpners Pond Road, an existing public way that is already being maintained by the Town. The Project occupants will utilize dumpsters on site and will hire a private waste removal company that will place no additional burden on the Town's trash removal services. The Buildings and improvements are anticipated to generate recurring revenues of at least thirty-one thousand and 00/100 ($31,000.00) dollars per year.2 There will also be additional tax revenues generated from personal property and equipment owned and used by the businesses operating out of the Property plus sales tax that will be generated by the retail use. Currently the Property generates tax revenues equal to approximately three thousand, eight hundred ($3,800.00) dollars per year.3 In addition,the Project, during the development stage,will generate a one-time building permit fee in excess of fifteen thousand ($15,000.00) dollars.4 The expansion of Petitioner's business as well as the relocation of new businesses to the Property will also create new employment opportunities. 2 Based on an estimated assessed value of$1,500,000.00 and a FY2015 Commercial Tax Rate of$20.29, 3 Based on an assessed value of$265,000 and a FY2015 Residential Tax Rate of a tax rate of$14.40 4 Based on anticipated project costs of$1,000,000 at a rate of$12.00/$1,000.00. S:•Gill(Earthworks)2015-41-Turnpike St.,N.AndoverVoning I foWpplicationlMemo.docx Planning Board—North Andover 2302 Turnpike Street Page 4 of 6 B-2 DISTRICT REQUIREMENTS A. General Dimensional Requirements of the B-2 District As shown on the Site Plans and the Architectural Plans,the development of the Property and the construction of the Buildings and Infrastructure comply with or exceed all of the applicable dimensional and density requirements of the B-2 District. B. General Parking Requirements of the B-2 District For purposes of calculating the number of parking spaces, the Petitioner respectfully suggests that the proposed Project requires a total of thirty-four (34) parking spaces and thirty-seven (37) parking spaces have been provided. The Petitioner based its determination on the following: Use Square Footage Spaces Required Spaces Provided Retail Use 4,251 S.F. 15 spaces +15 (3.5 spaces per 1,000 sD (4251/1000)*3.5 Office Use 3,981 S.F. 12 spaces +12 (3.0 spaces per 1,000 sJ) (3981/1000)*3.0 Storage Use 25,766 S.F. 7 spaces +7 (0.25 spaces per 1,000 sf) (25766/1000)*3.0 34 parking spaces 37 parking spaces Conditions for Approval: Petitioner suggests that the proposed Project will: (i) comply with all applicable Bylaw requirements, (ii) will have no adverse impacts on the surrounding community, (iii) not involve any substantial outdoor activities, (iv) allow an existing North Andover business to remain in North Andover and to grow its business operation within the Town, and (v) clean-up the Property and provide for a more attractive entrance vista transitioning from Middleton to North Andover. Based upon the foregoing and the other materials submitted with Petitioner's request for relief, Petitioner respectfully requests that the Planning Board find the following: 1. Compliance with all Filing Requirements - The Petitioner has complied with all submittal and other requirements of Site Plan Review. 0 2. Compliance with all Density Dimensional and Parking Requirements for the B-2 District and Properties Located along Route 114 (Turnpike Street). As shown on the Site Plans, the Buildings and associated infrastructure, parking areas and loading areas comply with all applicable density, dimensional and parking requirements under Sections 7 and 8.1 and has been designed with sufficient loading areas and parking. S:IGill(Earthworks)2015-41-Turnpike St.,N.AndoverVoning lnfoupplicationkmemo.docx Planning Board—North Andover 2302 Turnpike Sheet Page 5 of 6 3. Encouraging the Most Appropriate Use of the Land -The proposed development of the Property as a mixed use retail and office complex with accessory indoor storage and parking is consistent with the uses that are permitted by right in the B-2 District. All proposed uses of the Property are in harmony with the general purpose and intent of the Bylaw and the B-2 District. The Property and all Buildings and landscaping have been designed to complement, screen and blend in with the adjacent residential uses as well as the Town's use of the abutting property as athletic fields and a transfer station. Accordingly,the Project is the most appropriate use of the Property. 4. Preventing Overcrowding-As shown on the Site Plans,the Project includes the construction of two (2) individual structures that will occupy less than fourteen (14%) percent of the Property and will result in a floor area ratio of less than 0.20:1. The design also entails large landscaped buffer areas between the Buildings and Turnpike Street and Sharpners Pond Road as well as the adjacent residential property and wetland resource areas located toward the rear of the Property. While the dimensional and density requirements of the Bylaw would allow the Petitioner to construct additional buildings and parking areas, Petitioner has opted to create a more aesthetically pleasing design that prevents overcrowding. S. Conserving the Value of Land and Buildings-The Project will involve the razing of the two (2) existing residential structures. These buildings are in poor condition and cannot be reused for commercial purposes. Once the Property is redeveloped, the resulting Project will generate close to ten (10x) times the revenues currently being generated by the existing buildings and residential use of the Property. 6. Lessening Congestion of Traffic-The occupants and customers of the businesses located in the Buildings will access the Property by using Sharpners Pond Road thereby avoiding the issues of traffic congestion along Turnpike Street. 7. Providing for Adequate Air and Light-The Project has been designed to be aesthetically pleasing and to create a structure that will be enhanced by landscaping. 8. Reducing the Hazards from Fire and other Dangers - The Project has been designed using sound engineering practices. The access points into and travelled lanes within the Property are twenty-five (25') feet wide and all turns have sufficient radii to allow safe travel throughout the Property by fire apparatus. In addition,the Project will include locking gates, security cameras, and motion lighting to discourage unauthorized access to the loading areas and rear of the Property. 9. Assisting in the Economical Provision of Transportation Water Sewerage Schools Parks and other Public Facilities -The Project will not place any additional appreciable burden on any of these services. The location and design of the exits and entrances located along Sharpners Pond Road exceed minimum safety requirements for similar uses. The addition of the Project will not cause any detrimental increase in traffic or generate any hazardous conditions. The site design addresses the needs of both vehicular and pedestrian traffic within the Property. S:IGill(Earthivorks)2015-41-Turnpike St.,N.AndoveHZoning Info Wpplication Memo.docx Planning Board—North Andover 2302 Turnpike Street Page 6 of 6 10. Controlling the Use of Bodies of Water. including Watercourses -The Project does not entail the use of any body of water. To the extent the Project is being located within the buffer to BVW,the Petitioner is developing the areas in compliance with the local wetland bylaw as well as the Wetlands Protection Act, 11. Reducing the Probability of Losses Resulting from Floods -The Project has been designed to comply with all current local and state stormwater regulations. In addition,the site design engineer,Williams &Sparages has submitted a drainage report describing the watershed for the Property and the stormwater management measures being taken to ensure that the Project properly and responsibly manages and treats the storm water runoff generated by the Project. 12. Reserving and Increasing the Amenities of the Town-The Project will not place any additional burden on the amenities provided by the Town.While the Project will be connected to Town water and sewer, the amount of use will be limited given the passive nature of a substantial portion of the Buildings. Additionally,the Project represents the redevelopment of one of the major entry points into the Town of North Andover. As shown on the Architectural Plans and Site Plans,the Project will create an aesthetically pleasing focal point with substantial landscaping around the perimeter of the Property. Also,the Project will create substantial additional tax revenue to the Town without creating any additional burden on the Town's existing infrastructure. Furthermore, Petitioner has demonstrated that it will be providing adequate and appropriate facilities for storm water management and has properly addressed soil erosion and other conservation-related concerns. S:IGill(Earthworks)2015-41-Turnpike St.,N.AndoverlZottinglttfoWpplicationWMento.docx a Noerp O H Town of North Andover RSs�cHuSet Office of the Planning Department Community Development and Services Division P(978)688-9535 1600 Osgood Street F(978)688-9542 Building 20,Suite 2-36 North Andover,Massachusetts 01845 (#S93) OUTSIDE CONSULTANT ESCROW AGREEMENT NORTH ANDOVER PLANNING BOARD Agreement is made this November 13, 2015 between the Town of North Andover and Earth Works Inc . of 23 Ash Street, North Andover, MA for subdivision,site plan review of the development of 2302 Turnpike Street Know ALL then by these present that the Applicant hereby provides the Town of North Andover with a check in the sum of$ 2, 0 0 0 . 0 0 to be deposited in an interest-bearing account as designated by the Town Treasurer to be expended by the North Andover Planning Board to insure payment to an outside consultant(s)for engineering reviews for the above referenced project. This Agreement shall remain in fiill force and effect until this Applicant, or his/her/its executors, devises,administrators,heirs, successors, and assigns has fully and satisfactorily performed all obligation specified herein, Upon completion by the Applicant of all obligations specified herein,the remaining fiends(unless less than ten dollars), including accumulated interest, in said account shall be returned to the Applicant upon a Vote of the Planning Board. Planning Board Chairman or Agent ' A lica t" Ea h Works Inc . by its torney Jill E. Mann November 13, 2015 Date Date 1 Outside Consultant Escrow Agreement o� No01 H qNe a �? a 0 � 1 41 �9SS1CHusV" COMMONWEALTH Or MASSACHUSETTS 0 �S S P sc SS , 3 ,20 1 SJ Then personally appeared Jill E. Mann as the Applicant ur hi'sh%authorized agent and acknowledged the foregoing instrument to be his or her free act and deed the free act and deed of the Applicant, before me. JANET K. KOEHLER Notary Public COMMONWEALTH OF MASSACHUSETTS My Commission Expires No y Public January 6,2017 My Commissions Expires s COMMONWEALTH 0 MASSACHUSETTS SS 20 Then personally appeared as the Planning Board Chair or his/her authorized agent and acknowledged the foregoing instrument to be his//her free act and deed and the free act and deed of the Applicant, before me. Notary Public My Cotnrnissions Expires O� N�oTH qyo p it 1^ eyn 41 OqA t0<«il 1 NM y1` �9SSAe►+e5e��y TOWN OF NORTH ANDOVER DIVISION OF FINANCE 120 Main Street North Andover,MA 01845 Tel; (978) 688.9552 Fax: (978)688.9524 Escrow Account Application; Master Account: Town of North Andover—Planning A/C#00 02520 8 Sub-Account; Address for Form1099 23 Ash street North Andover, MA 01845 Initial Deposit:$ 2, 000 (check payable to Town of North Andover) Certification of Taxpayer Identification Number Under penalties of perjury, I/we certify(1)that the number shown on this form is my/our correct taxpayer identification number and(2)that I/we are not subject to backup withholding either because I/we have not been notified that I/we are subject to backup withholding as a result of a failure to report all interest or dividends,or the Internal Revenue Service has not notified me/us that I/we are no longer subject to backup withholding, NOTE: Strike out text following(2)above is signer has been notified signer is subject to backup withholding due to payee under-reporting and has not received notice from the Internal Revenue Service that backup withholding has terminated. Signature ''f` Date 11/13/2 015 Print Name: Danny Gill Title President and Treasurer for Town use only: TO: CENTURY BANK Please transfer the amount of$ from master acct# To Date Acct Id; F°"n Request for er Tax ay (Rev,November Zoos) Give form to the Doperin»ntof the Traaawy identification Number and Certlflcation requester.bo not Intemeipevenm service send to the IRS. c4 Name(ae shown on your income tax return) Earth Works Inc. Bus hsss llama,If different from above indlviduaU Check appropriate,box: ❑ sole propdotor 11 Corporation [] partnership ® Other► [] µxa to dfrom backup Address(number,sliest,and apt orsuita no,) 23 AS h Street Requester's name and address(opilcns) Oity,etats,and dip cads . North Andover, MA 01845 fiat account number(e)here(optlanal) Tex a er IdentFficatIon Number IN Enter your TIN in the appropriate box.The 71N provided must match the name given on Line 1 to avold 906141 aecuft number backup•withholding,For Individuals,this is your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,ass the Part I Instructions on page 3.For other entities,R ie Your employer Identlfloation number(EIM,If you do not have a number,see Now to go a TIN an page 3, ar Note.Ifr the account Is In more than one name,see the chart on page 4 for guidelines on whose Employer IdantlNmUon number number to enter, HIMCertification 3 0 0 3 4 7 9 Under penalties of podury,I certify that 1. The number shown on this form to my correct taxpayer identification number(or i am walling for a number to be Issued tome),and 2. 1 am not subject to backup wflhholding because:(a)i am exempt from backup withholding,or(b)I have not been notified by Revenue Ssnrtae(IRS)that 1 am subjeot to backup whhhotding as a r the Internal result of a failure to report all interest or dluldenda,or(o)the IRS has notified me that i am no longer subject to backup withholding,and 3. 1 am a U.S.person(Including a Us,resident alien). CaWtication Instruotlonr.You must cross out item 2 above N you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply. For mortgage interest paid,acgtdsitfon or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than Interest and dividends,you are not required to sign the Cart(8cailon,but you must sign Signature provide your correct TIN.(See the instructions on page 4,) of Here U.S,pmo10, A w" its 10. Purpose of Form e An individual who is a CHI n or r sident of the United A person who Is required to file an information return with the States, iRS,must obtain your correct taxpayer Identification number e A partnership,corporation,company,or association (TIN)to report,for example,Income paid to you,real estate created or organized In the United States or under the laws transactions,mortgage interest you•pald,acquisition or of the United States,or abandonment of secured property,cancellation of debt, or a Any estate(other than a foreign estate)cr trust.See contributions you made to an IRA ' ions U-8.person,Use Form W-9 only if you are a U,S:person Information,sections 301.7701-6(a)and 7(a)for additlonai pnciuding a resident alien),to provide your correct TIN to the Speclsl rules for artnershi s.Partnerships person requesting It(the requester)and,when applicable,to: P p ps that conduct a i I.Certify that the TIN you are giving Is correct(or you are o pay a withholding usiness In the tax on`tanyed spreign parttners'share of waiting for a number to be Issued), Income frorn such business,Further,in certain cases where a 2.Certify that you are not subject to backup withholding,or Form W-9 has not been received,a partnership is required to 3.Claim exemption from backup withholding If you are a presume that a partner is a foreign person,and pay the U.S.exempt payee, withholding tax,Therefore,If you are a U.S.person that Is a In 3 above,If applicable,you are also Certifying that as a partner in a partnership conducting a trade or business In the U.S, person,your allocable share of an g United States,provide Form W-9 to the partnershipto from a U.S,trade or business Is not subject oethelp income establish your U.S,status and avoid w8hotding o your withholding tax on foreign partners'share of effectively share of partnership Income, connected income. The person who gives Form W-9 to the partnership for Note.If a requester gives you a form other than Form W-9 to Purposes of establishing Its U.S.status and avoiding request your TIN,you must use the requester's form If it Is withholding on its allocable share of net Income from the substantially similar to this Form W-9, partnership conducting a trade or business in the United For federal tax purposes,you are considered a person if you Slates Is in the following cases: are: •The U.S.owner of a disregarded entity and not the entity, Cat,No,1023lx Farm (Rev,11-2005) Form W9(Rev.11.2005) r'4ge 2 F.r •The U.S.grantor or other owner of a grantor trust and not 3.The IRS tells the requester that you furnished an the trust,and Incorrect TIN, •The U.S.trust(other than a grantor trust)and not the 4.The IRS tells ydu that you are subject to backup beneficiaries of the trust, withholding because you did not report all your Interest and Foreign person.If you are a foreign person,do not use dividends on your tax return(for reportable Interest and Form W-9.Instead,use the appropriate Form-W-8(see dividends only),or Publioatlon 515,Withholding of Tax on Nonresident Aliens S.You do not certify to the requester that you are not and Foreign Entities). subject to backup withholding under 4 above(for reportable Nonresident ollen who becomes a resident alien. Interest and dividend accounts opened after 1983 only). Generally,only a nonresident allen individual may use the Certain payees and payments are exempt from backup terms of a tax treaty to reduce or eliminate U.S,tax an withholding.See the instructions below and the separate certain types of income.However,most tax treaties contain a instructions for the Requester of Form W-9. pprovislon known as a"saving clause."Exceptions specified Also see Speclai rules myarding partnerships on page 1. In the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient Penalties has otherwise become a U.S.resident alien for tax purposes. Failure to furnish TIN.If you fall to furnish your correct TIN If you are a U.S.resident alien who Is relying on an to a requester,you are subject to a penalty of$50 for each exception contained in the saving clause of a tax treaty to. such failure unless your failure Is due to reasonable cause claim an exemption from U.S.tax on certain types of income, and not to Willful neglect. ' you must attach a statement to Form W-9 that specifies the Civil penalty for false information with respect to following five Items: withholding.if you make a false statement with no 1.The treaty country.Generally,this must be the same reasonable basis that results in no backup withholding,you treaty under which you claimed exemption from tax as a are subject to a$500 penalty. nonresident alien. Criminal penalty for falsifying information.Willfully 2.The treaty article addressing the income, falsifying certifications or affirmations may subject you to 3.The article number(or location)in the tax treaty that criminal penalties Including fines and/or.Imprisonment. contains the saving clause and Its exceptions. Misuse of TINS.If the requester discloses or uses TINS in 4.The type and amount of Income that qualifies for the violation of federal law,the requester may be-subject to civil exemption from tax. and criminal penalties. S.Sufficient facts to justify the exemption from tax under $ BC�fjC Instructions the terms of the treaty article. p Example.Article 20 of the U.S.-China income tax treaty Name allows an exemption from tax for scholarship income y received by a Chinese student temporarily present in the If you are an individual,you must generally enter the Warne United States.Under U.S.law,this student will become a shown on your income tax return.However,if you have resident allen for tax purposes it his or her stay in the United changed your last name,for Instance,due to marriage States exceeds 5 calendar years.However,paragraph 2 of without informing the Social Security Administration of the the first Protocol to the U.S.-China treaty(dated April 30, name change,enter your first name,the last name shown on, 1084)allows the provisions of Article 20 to continue to apply your social security card,and your now last name. even after the Chinese student becomes a resident alien of if the account Is in joint names, list first,and than circle, the United States.A Chinese student who qualifies for this the name of the person or entity whose number you entered -exception(under paragraph 2 of the first protocol)and Is in Part I of the form. relying on this exception to claim an exemption from tax on Sole proprietor.Enter your Individual name as shown on his or her scholarship or fellowship income would attach to your income tax return an the"Name"line.You may enter Form W-9 a statement that includes the information your business,trade,or"doing business as(DBA)"name an described above to support that exemption. the"Business name"line. If you are a nonresident alien or a foreign entity not subject• Limited liability company(LLC).If you are a stngle•member to backup withholding,give the requester the appropriate LLC(Including a foreign LLC with a domestic owner)that Is completed Form W-8. disregarded as an entity separate from Its owner undet What is backup withholding?Persons making certain Treasury regulations section 301.7701-3,enter the owner's payments to you must under certain conditions withhold and name on the"Name"line,Enter the LLC's name on the pay to the IRS 281A of such payments(after December 31, "Business name"line.Check the appropriate box for your 2002).This Is called"backup withholding."Payments that filing status(sole proprietor,corporation,etc.),then check may be subject to baokup withholding Include Interest, the box for"other"and enter"lid"in the space provided. dividends,broker and barter exchange transactions,rents, Other entities,Enter your business name as shown on royalties,nonemployee pay,and certain payments from required federal tax documents on the"Name"Ifne.This fishing boat operators.Real estate transactions are not name should match the name shown on the charter or other subject to backup withholding. legal document creating the entity.You may enter any You will not be subject to backup withholding an payments business,trade,or DBA name on the"Business name"line. you receive If you give the requester your correct TIN,make Note.You are requested to check the appropriate box for the proper certifications,and report all your taxable Interest your status(individuallsole proprietor,corporation,etc.). and dividends on your tax return. Payments you recelve will be subject to backup Exempt From Backup Withholding withholding If: If you are exempt,enter your name as described above and 1.You do not furnish your TiN to the requester, check the appropriate box for your status,then check the 2.You do not certify your TIN when required(sae the Part "Exempt from backup withholding"box In the line following 11 Instructions on page 4 for details), the business name,sign and date the form.