HomeMy WebLinkAbout2016-09-20 Correspondence i
URBELIS &FIELDSTEEL,LLP
155 FEDERAL STREET
BOSTON,MASSACHUsGTTs 021 10-1727
THOMAS J.URBELIS Telephone 978-475-4552
c-mail tju a)u£law.corn Telephone 617-338-2200
August 23, 2016 Telecopier 617-338-0122
North Andover Planning Board
Town of North Andover
1600 Osgood Street
North Andover, MA 01845
RE: Relocation of New England Tractor Trailer School (NETTS)
at 1600 Osgood Street
Dear Members:
Question:
You have asked for my opinion as to the applicability of Site Plan Approval for the
proposed relocation of NETTS within 1600 Osgood Street.
Response:
In my opinion, Site Plan Review is required for the proposed relocation.
Analysis:
Section 8.3.2(a)(iii) of the North Andover Zoning Bylaw states in part:
"2. Developments Which Require Site Plan Review
a) Site Plan is required when:
iii) Any construction, site improvements, new uses in existing structures or
developments which contain new processes not nornlally associated with
the existing use and which result in changes in the potential nuisance to
adjacent property; traffic circulation; storm water drainage onto or off of
the site;"
Pursuant to Section 10.1 of the Zoning Bylaw, the Building Inspector enforces the Bylaw.
In my discussion with the Building Inspector he considers the proposed relocation to include
s:hvp51 Uvprkln-ando•akorresplpfanning hoard.ftr-nellsAnex
URBELIS&FIELDSTEEL,LLP
August 23, 2016
Page 2
"construction" and "site improvements" and that there would be a change in"traffic circulation."
Those determinations by him trigger the need for site plan review.
Furthermore, in a June 20, 2016 report from Eggleston Environmental, Lisa Eggleston,
P.E. to the Planning Board stated:
"1 1 pointed out that the relocated NETTS operation would be in the area of the
parking lot that I recall (based on discussions regarding the last plan) drains to
wetland resource areas to the southwest, versus to the onsite `stormwater ponds'
that the pavement in the existing NETTS operation area drains to. The operation
of trucks in this area would have the potential to increase pollutant loadings of
petroleum products and heavy metals, hence mitigation should be provided."
That determination would trigger the provision regarding "storm water drainage onto or
off the site."'
Accordingly, for the foregoing reasons, in my opinion, Site Plan Review is required for
the proposed relocation.
Very truly yours,
Thomas J P-belis
TJU/kmp
cc: Andrew Maylor
Eric Kfoury
Donald.Belanger
` The July 5,2016 Planning Board decision for 1600 Osgood Street contemplated a return to the Board if the NETTS were to be
relocated. Special Condition No.23 stated:
"The Planning Board shall be notified of any proposed change in location for the NETTS business,prior to any
relocation,and the Applicant will then be advised of any applicable permits required for said relocation."
8/19/2016 Town of North Andover Mail-Fwd:1600 Osgood Street-New England Tractor Trailer Training School(NETTTS)
CA ��t�V R
Jean Enright<jenright@northandoverma.gov>
Massachrrs
ter,
Fwd: 1600 Osgood Street - New England Tractor Trailer Training School (NETTTS)
2 messages
Thomas Urbelis <tju@uf-law.com> Thu, Aug 18, 2016 at 7:48 PM
To: Andrew Maylor<amaylor@northandoverma.gov>, Eric Kfoury <EKfoury@townofnorthandover.cam>, Jean Enright
<jenright@townofnorthandover.com>
Sent from my iPad
Begin forwarded message:
From: "Michael D. Rosen" <MDR@Hw.com>
To: "Thomas Urbelis" <tju@uf-law„com>
Subject: 1600 Osgood Street -New England Tractor Trailer Training School (NETTTS)
Tom,
An issue has arisen with North Andover Planning Board as to the applicability of Site Plan Approval for a
relocation of NETTTS within the properties owned by 1600 Osgood Street, LLC and Osgood Landing, LLC.
As I am sure you are aware, this property has been used since the 1950 as an industrial complex by
Lucent Technologies and their predecessors. That use include tractor trailers, trains, roll-offs, and parking
of more than 6,000 vehicles on a daily basis.
For the 12 years that my clients have owned the properties, they have substantially continued the
industrial uses and nature of the properties. One such tenant„ New England Tractor Trailer Training School
(NETTTS) has been a tenant for 12 years. They have used various portions of the properties over this 12
year period. Their current lease expires August 31. As part of the Solar project, we need them to operate
at a different location on the properties. The proposed new location is a location that they have used in the
past, it is a location that is paved and permitted. It has been used for parking, access, transportation,
tractor trailers, and storage for decades. Our proposed new location for NETTTS requires NO NEW
WORK, it does NOT increase uses, and it does NOT increase impervious surfaces. While we believed
that they could go pull a building permit, the Planning Department required that they appear in front of the
Planning Board to make a determination as to whether Site Plan Approval is needed.
Section 8.3 of the Bylaw, at Section 2.a. defines when Site Plan Review is Required:
i) New building or construction containing more than 2,000 square feet gross floor area, or five
or more additional parking spaces.
ii) Construction to existing buildings adding more than 2,000 square feet gross floor area, or
five or more additional parking spaces.
iii) Construction, site improvements, new uses in existing structures or developments which
contain new processes not normally associated with the existing use AND which result in changes in:
potential nuisance to adjacent property, traffic circulation, storm water drainage onto or off of the Site; or 5
or more new parking spaces.
iv) Construction of a new wireless facility.
https:llm aii.google.com/mai I/u/O/?ui=2&ik=7c2eff62265&view=pt&searct7=i nbox&th=156a00eb86473lc5&si ml=156a00eb86473l c5&si m l=156a01 dal a86b4b9 1/4
8/1912016 Town of North Andover Mail-Fwd:16W Osgood Street-New England Tractor Trailer Training School(NETTTS)
The relocation of NETTTS DOES NOT trigger any of these 4 criteria, therefore Site Plan Approval is NOT
required.
The Planning Board believes that Site Plan review is required as a result of traffic circulation and a new
use. We do not agree. The roads have always been there. The parking lots have always been there.
There have always been tractor trailers parked on, traversing and crossing the site. Landlord is not
changing the traffic in any way. All roads will be serving the exact same purpose and run in the same
directions as they have always been used. NETTTS has been there for 12 years, teaching the same
courses at various locations at the site (that have changed and moved around over the years without any
need for any additional permits or approvals). They have used the western roadway, they have used the
north parking lot. They are not increasing their use or changing the courses being taught, they are merely
moving them to a different paved portion of the properties. In fact, many other past and current tenants
also use the parking lots generally to park tractor trailers ancillary to their use of the properties.
Section 8.3 also allows a waiver. While we don't believe one is necessary, even if the Board found that
Section 8.3.2a. applied, they have the right to waive; and they have.' When Doggy Day Care sought to
introduce a new use into a property, they Board saw no reason to require Site Plan approval. Doggy Day
Care (DDC)was using existing buildings and areas. NETTTS is no different, in fact, Site Plan approval is
even less applicable because there is NO CHANGE OR NEW USE. They are using the site not only for
the same purposes as they have for the past 12 years (including at times over the western roadway and
the north parking lot which are now before the PB); as well as for decades before that by Lucent. All one
needs to do is look at the attached photograph of a typical day for Lucent.
NETTTS is required to get building permits. NETTTS is required to comply with state laws concerning the
operation of driving schools. They offer a State Police sponsored program. They are a SAFETY school.
They will be inspected by the State Police and State agencies, While Site Plan requirements are not
triggered purely by safety concerns, NETTTS in their submissions has provided significant evidence that
they are ensuring any safety concerns that might be raised. Their current proposal is also only a
temporary proposal. They need a 9 month extension. They have existing programs operating which have
roughly 6 months remaining, and then if we can't find a permanent solution, they would need time to find
an alternative location. Without the relief that they are requesting, they are going to have to shut down in
the middle of current sessions and cancel classes for more than 200 students. They will need to
terminate 58 employees. This will be bad for EVERYONE.
Until the Solar project, my clients were never required to file for Site Plan approval for a project (all of
which were vetted with the Town officials and departments). They have permitted outdoor uses on existing
paved surfaces or otherwise been allowed to conduct outdoor activities including but not limited to the
following projects:
ADCCO, INC dlbla Spinning Wheels: has parking lot space leased for empty trailer parking.
IN CONTROL ADVANCED DRIVER TRAINING: has parking lot space leased for a safety driving class
MASS MOTORCYCLE: has parking lot space leased for a safety driving class.
MOBILE MINI: has parking lot space leased for storage of empty storage containers.
NEW ENGLAND TRACTOR-TRAILER TRAINING: has parking lot space leased for a safety driving class
(existing use, which has been on properties for 12 years and did NOT trigger Site Plan review).
NRT BUS, INC: (has parking lot space leased for the parking of the school buses for North Andover public
school students).
NORTH ANDOVER YOUTH SPORTS LEAGUES: (would have been Town's obligation and cost to comply)
MVRTA COMMUTER BUS: (would have been Town's obligation and cost to comply, arguably a new use
and changing traffic patterns)
https:/Imail.google.com/maillu101?ui=2&ik=7c2eff6265&view=pt&search=inbox&th=156a00eb86473ic5&sim1=156aGDeb864731c5&siml=156a01dala86b4b9 214
$M9/206. Town uf North Andover MaN-Fwd 1GD8 Osgood Street-New England Tractor Trailer Training School(NET
TT�
~ DOGGY D/Yy CARE: (issued waiver because they were not building anything new, even though it was a
new use)
8/A/ST/A'E B|OFUELS: (got building permit for interior work, not site plan approval)
ELM LANDSCAPING: Environmental Landscape Contractors previously had parking lot space leased as
laydown space for lands ca ping/s nowplowi ng equipment, mulch and other landscape materials.
CAPITAL TRUCKING: air cushioned trailers parked on site.
The above list demonstrates that we have had numerous uses for the parking lots where oversite and
approval has been provided by the Town without triggering the need for Site Plan review and approval.
Since NETTS in an existing tenant and in an approved use and has been operating on site for 12yeom, it
seems arbitrary to now require PB approval for relocation of this tenant to another existing portion of the
aapha|t. While we have heard from the Town that commercial business and non-commercial business are
subject to different rules, the Town Bylaw makes NOdistinction. The Board cannot bo arbitrary and
capricious |n their determinations.
Interestingly, at the end of the hearing Lynne Rudnicki made an astute suggestion, which was to get a
legal opinion. She suggested that this be done on a parallel path to pursing Site Plan approval and
comments from peer review consultants (which application and review, | bmUuve, is moving forward). We
believe that a legal opinion would provide an opportunity in bring this matter to o swift resolution. It is our
understanding that the Town Manager concurred that a legal opinion would be sought, and either he or the
Planning Director will be contacting you to review this issue. | will over the course uf the next day orso,
also send you additional information that was presented at the hearing on Tuesday evening so that you
may review it as you consider this issue.
Thank you for your consideration.
[W|ohae|
Michael D. Rosen, Esq.
255State Street, 7th Floor |13OstOn. K4AO21U9
Office: 617.742.42,00
e-mail: d dw�monn
NOTICE: This email with its adiaohmanLa, if any, is intended solely for permitted use by authorized
recipients. If you are not an authorized recipient of this oma||' your retention, transmission, disclosure, or
use of this email is prohibited. If you received this email in error, please notify the sender and delete this
email and its attachments from your devices and systems.
% mumchnnmntn
Lucent Pictorial Parking and Trailers (OB5344O5xA4837).p6f
�o
736K
ATT00081-htnn
1K
hops:0mmit{nog|e.onmhnoi|/uKD?ui~2&ik~ao2eff62Vs&v|*w=pt&wwrvh=inbom&th=156a8Oeb8G4r31o5&nim|=150o8Oob884731c58sim|=1sGoO1uo1aWCwu3 3/4
Wi9I2016 Town or North Andover Mail-Fwd:16W Osgood Street-New England Tractor Trailer Training School(NFTTTS)
Andrew Maylor <amaylor@northandoven-na.gov> Thu, Aug 18, 2016 at 8:05 PM
To: Tom Urbelis <tju@uf-law.com>
Cc: Jean Enright <jenright@townofnorthandover.com>, Eric Kfoury <EKfoury@townofnorthandover,com>
Tom,
Jean plans on speaking with you about this on Monday during your office hours.
[Quoted text hidden]
hitps:llmail.goNle.com/mail/u/0!?ul=2&ik=7c2eff6265&view=pt&search=inbox&th=i56a00eb86473lc5&siml=156a00eb86473lc5&siml=156aOidala86b4b9 414