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HomeMy WebLinkAbout2007-10-15 Application for Def Plan Approval for PDD EAST _11=R_u IVERTI-_ T r i AM11* 30 I OL L III $I I I N(),'2 r tif A 4 00V R m,trt 16, 2007 Py_Hand MASS,% 10 Richard A. Nardella, Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01845 RE: Application for Definitive Plan Approval for Planned Development District (PDD) Special Permit and Site Plan Review Property: 21. High Street Owner/Applicant: RCG North Andover Mills [,,T,C Dear Mr: Nardella: Enclosed please find nine (9) copies (stamped by the Town Clerk) of a Definitive Plan Application for Planned Development District Special Permit, a Site Plan Review application, and supporting memoranda and exhibits. These applications represent the second step in the permitting process of the first phase of a proposed multi-phased redevelopment of the East Mill located at 21. High Street, which"received Preliminary Plan Approval from the Planning Board on August 7, 2007. Phase 1 of the project includes the renovation of 15,000 s.f. of vacant office space into new retail uses, the renovation of 20,00.0 s.f. into new residential loft apartments, along with proposed streetscape and other improvements as shown on the attached plans. We look forward to working with the Planning Board and Planning Department on this proposed mixed use redevelopment project. Please feel free to contact my office at RCG LLC with any questions or concerns. Sincerely, Da�4Ste�inberghS�� Manager, RCG North Andover Mills LLC RCG NORTH ANDOVER MILLS, LLC fi Town of North Andover Planning Board Application for DEFINITIVE - Planned Development District Special Permit Please type or print clearly. L Petitioner: RCG North Andover Mills LLC Petitioner's Address: 17 Ivaloo Street, Somerville, MA 02143 Telephone number: 617 625 83 15 2. Owners of the Land: RCG North Andover Mills LLC, Address: 17 Ivaloo Street, Somerville,MA 02143 Number of years of ownership: Less than one year 3. Year lot was created: 4. Description of Proposed Project: Conversion of 35,000square feet of cxjstinn* office space to j5,QQO gluare feet of i-etail space and twenty I-and 2-bedroggi apartments, 5. Description of Premises: 235,000 sf of office and research and development space in a series of attached and free-standing brick buildil Is., 6. Address of Property Being Affected: 2 1-1-ligh Street Zoning District: I-S Assessors: Map: 069.0 Lot th 0'001-0000.0 Mal): 068.0 Lot#: 00 1 0_0000.0 Registry of Deeds: Book#: 10601 Page#: 340 7. Existing Lot: Lot Area(Sq. Ft) _986861tf- Building Height: Maximum 70 feet Street Frontage: 1,210 feet Side Setbacks: N/A Front Setback: 0-94 feet Rear Setback: N/A Floor Area Ratio: 0.24 Lot Coverage: 0.12 8. Proposed Lot(if applicable): N/A Lot Area (Sq. Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 9. Required Lot(as required by Zoning Bylaw): Lot Area (Sq. Ft) 60.000 Building Height N/A Street Frontage:N/A Side Setbacks:N/A Front Setback: N/A Rear Setback:N/A Floor Area Ratio:N/A Lot Coverage:N/A 10. Existing Building(if applicable): Ground Floor(Sq. Ft.) 11 4,("O(±/: 4 of Floors: 1-5, Total Sq. Ft. 235,000+/- Height: Maximum 70 feet r Use: Office, R&D Type of Construction Wood frame with Brick 11, Proposed Building: NIA Ground Floor(Sq. Ft.) P of Floors: Total Sq. Ft, Height: Use:._—.___- Type of Construction 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?NIA 13. Section of Zoning Bylaw that Special Permit is Being Requested: Sections 10.3 & 11. 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. Tile 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 (lie Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. Petitioner's Signatii :�`t Print or type name here: David Steinber h Manager,iRC orth Andover Mills LLC Owner's Signature: _ Print or type name here: ld. Please list title of plans and documents you will be attaching to this application. A. Existing Conditions Survey B. Deed C. Preliminary Plan Approval I). Definitive Plan— Planned Development E. Unit Plans for Residential Units F. Perspective Views of Building Exterior after Residential Conversion. G. Building I I Elevation H. Retail Space Plans I. Plan for Street Improvements to High Street J. Proposed Signage Improvements K. Traffic Letter FEAST 7 711111 111 MILL !! 0 $ fill t,,00H A11DOVt � AUGUST 17, 2007 TOWN OF NORTH ANDOVER PLANNING BOARD APPLICANT & OWNER: RCG NORTH ANDOVER MILLS LLC PROPERTY: ASSESSORS MAP 69, LOT I AND MAP 68, LOT 1 21 HIGH STREET, NORTH ANDOVER MEMORANDUM IN SUPPORT OF APPLICATION FOR DEFINITIVE PLAN APPROVAL FOR PLANNED DEVELOPMENT DISTRICT SPECIAL PERMIT (Sections 11 and 10.3 of North Andover Zoning Bylaw) I. INTRODUCTION RCG North Andover Mills LLC is the applicant (the "Applicant") seeking a Definitive Plan Approval of a Planned Development District (PDD) Special Permit for the first phase of a multi-phased mixed use development known as East Mill as further described below. Specifically, the Applicant is the owner of certain real property consisting of 22.65 acres of land, known and numbered as 21 High Street (formerly known as One High Street). The site is located at the corner of High Street and Water Street, and is designated on the Town Assessor's Maps as Map 69, Lot 1 and Map 68, Lot 1 (the "Property"). The Property currently consists of a total of approximately 235,000 square feet of existing office and research and development (R&D) space, and is shown on an Existing Conditions plan attached hereto as Exhibit A (the "Property"). The Owner acquired the Property by deed from FUCMS 2000-C2 Andover Mills, LLC, dated January 22, 2007, recorded with the Essex County North District Registry of Deeds in Book 10601, Page 340. A copy of the Deed is attached hereto as Exhibit B. This Application relates solely to the first phase of the proposed redevelopment project for which Preliminary Approval of the PDD Special Permit was issued to the Applicant by decision, dated August 7, 2007, a copy of which is attached as Exhibit C. The Applicant anticipates additional development as part of the PDD in line with the redevelopment program outlined in earlier presentations to the Planning Department and Planning Board. The portion of the Property on which the first phase of the Project is proposed is located within existing buildings entirely within the Industrial S (I-S) Zoning District, Where the proposed uses of the Property are permitted, subject RCG NORTH ANDOVER MILLS, LLC Page 1 of 10 rEAST I all , * 1 MILL 0 !4011 N(M11 A4D0Vf a AUGUST 17,2007 to the issuance of a PDD Special Permit as well as a Site Plan Review Special Permit. 11. PROPOSED PROJEcr As noted above, the Applicant proposes that the first phase of the proposed project ("Phase One") will consist of the following: (a) the renovation and conversion of approximately 15,000 square feet of currently vacant office space to retail uses on the ground floor of Buildings No. 1, 1 A, 2, and 3, fronting High Street; (b) the renovation and conversion of approximately 20,000 square feet of currently vacant space to a total of twenty (20) residential, loft-style, one- and two-bedroom apartment units located within the second floor of Building No. 3A (aka Floor 3) and Building No. 41 (aka Floor 3.5), the entrance to which will be from Water Street. These units will be located on the upper floors of these buildings in order to both preserve the marketability of the commercial space on the lower levels, and to create a mixed use feel to the East Mill project; (c) the installation of streetscape improvements as they relate to High Street in the vicinity of the proposed retail uses. The proposed Phase One Project improvements are shown on the following site plans described below. --A Certified Plot Plan titled "Preliminary Plan - Planned Development" shows the proposed areas of conversion in the existing buildings and is attached hereto as Exhibit D. --Unit plans for the proposed residential apartments are attached hereto as Exhibit E. --Perspective renderings of the Building Faqade and residential penthouses from Water Street and from the Mill Pond are attached hereto as Exhibit F. --An elevation of Building'11 with the proposed upper floor residential apartments is attached hereto as Exhibit G. --Diagrammatic space plans for the retail uses are attached hereto as Exhibits H . Engineering Plans for proposed improvements to High Street are attached as Exhibit 1. RCG NORTH ANDOVER MILLS, LLC Page 2 of 10 FEAST 11 m " MILL 0 11111 NOM A41)OVU AUGUST 17, 2007 Illustrations of proposed new Signage for the site are attached as Exhibit J. Collectively, the proposed improvements as described above and as shown on Exhibits D through J shall be referred to as the Project. 111. REQUIRED RELIEF Based upon our preliminary review of the proposed improvements, and after consulting with the Town Planner as well as the Building Inspector, the Applicant has determined, among other things, that a Planned Development District Special Permit will be required to be issued by the Planning Board in accordance with Sections 11 and 10.3 of the Zoning Bylaw of the Town of North Andover, as most recently amended in June, 2007 (the "Zoning Bylaw"). As part of the Definitive Plan process, and to the extent applicable, the Applicant shall also request a waiver of the applicability of Section 4.2 ("Phased Development Bylaw") in accordance with the provisions of Subsection 3(i) which provides that "the Planning Board may, without a public hearing and upon written request from the Applicant, permit up to twice the allowed annual maximum permitted for that project under the provisions of this Bylaw, provided that building permits issued in succeeding years shall be limited to less than the permitted maximum, if necessary, to insure that the overall number of allowed permits is not exceeded." The Applicant requests that since this Project represents one portion of a Phased Plan in itself, that the Planning Board grant the Applicant the requested waiver in order to allow the construction, marketing and occupation of the proposed twenty (20) residential units to be aligned with anticipated absorption of the residential units within the twelve-month period following construction of the units, The Applicant feels the Board's grant of such a waiver would be consistent with the purpose and intent of Section 4.2.1 of the Zoning Bylaw in that: (a) the construction and occupation at a rate that can be supported by Town services, given that the project will be developed within existing structures, that given the current occupancy of the complex is low; (b) the project is in line with the Town's Housing and Master Plans by combining commercial redevelopment with residential units located close to employments centers; (c) the Project will not impact the ability of the Town to provide adequate public safety, roads, municipal infrastructure, and other services and infrastructure; and, (d) the Project will encourage the type of residential growth which address the housing needs of specific population groups by providing market rate rental housing. RCG NORTH ANDOVER MILLS, LLC Page 3 of 10 e - EAST 001 N I n c;x l $i A.a 17(M AUGUST I7, 2007 Over the course of the last month, the Applicant has met with various Town boards and departments, including the Town's Technical Review Committee (TRC), the Department of Public Works ("DPW"), and with the Building Inspector to discuss the Project. Comments from the Planning Board members and from the Technical Review process have resulted in some additions to the Application, including incorporation of new windows, engineering of on-street parking and traffic calming measures, a preliminary signage plan, and certain landscape improvements. IV. PLANNED DEVELOPMENT DISTRICT SPECIAL PERMIT CRITERIA Section 11 of the Zoning Bylaw establishes the criteria for a Definitive Plan to be reviewed by the Planning Board as part of the Planned Development District Special Permit process. Specifically, the Applicant has attached to this Application a set of Plans conforming to the criteria described in Section 11.3. Additionally, Section 11 establishes other criteria for approval, as further described below: Section 11.4 Minimum Requirements i 1. The Project is consistent with the purposes set out in Section 11.2. 3 Consistent with the objective of the PDD Zoning Bylaw provisions, the Project will provide for a mixture and diversity of retail, residential and other uses which do not detract from, but which will enhance, the livability and aesthetic qualities of the Machine Shop Village and other neighboring downtown areas. As a project that is proposing to utilize existing buildings, the proposal will promote the efficient use of Iand while protecting natural resources, such as water resources, wetlands, and floodplains. 2. Ingress and egress for traffic flow is designed properly so that there will be no serious hazard to vehicles or pedestrians. The Project will utilize existing vehicular entries and exits, as well as on- site parking areas, which will result in no hazard to vehicles and pedestrians. In addition, at the request of the Planning staff and Planning Board, the Applicant has incorporated street improvements: (a) to be located along High Street; (b) to be coordinated with the Public Works Department; and, (c) which have been RCG NORTH ANDOVER MILLS, LLC Page 4 of 10 e rEAST M I L L $ I [ I N N 0( 114 A.1 D()v t z AUGUST 17, 2007 designed to reduce the hazards to vehicles and pedestrians on and adjacent to public ways. 3. Adequate parking facilities are provided for each use and structure in the development. The Property has over 1,000 off-street parking spaces, which provide spaces well in excess over the zoning requirements for the current and proposed uses. In addition to the existing nearby on-site parking lot on Water Street, the Project will include over twenty (20) new public parking spaces on High Street to accommodate anticipated retail demand as retail uses occupy the building along High Street. 4. Major facilities or functions which require siting within scenic areas are designed to be visually compatible with the„natural or historical characteristics. Since the project proposes uses that are to be located at existing buildings, there will be no visual impacts that would be incompatible with the historic nature of the neighborhood. 5. The Project does not adversely affect the natural environment to the detriment of community character and public health and safety. The project will have no impact on the natural environment. Section 11.5 Permitted Uses Both the proposed general retail restaurant, personal services and recreation uses, as well as the proposed residential loft apartments are permitted under Section 11.5. The Project also meets the area requirements under the PDD regulations as described below. Zoning Area Requirements Category Allowed Proposed Compliance Zone I-S/PDD I-S. ✓ Area Minimum 60,000 sf 22.65 acres ✓ I RCG NORTH ANDOVER MILLS, LLC Page 5 of 10 I EAST !I , $i f f N O e 3 u A N D O v r AUGUST 17, 2007 Uses Residential, Residential, Restaurant, ✓ Restaurant, Offices, Offices, Personal Personal Services, Services, Recreation, Recreation, General General Retail. Retail Usable Open Minimum 20% Usable Mill Pond and path ✓ Space to be conveyed. areas to be determined Setbacks Minimum 25 feet from Existing minimum of ✓ Residential Zone 94 feet from Residential Zone on Water Street PDD Application Criteria --Written Documentation Requirements The following establishes how the Applicant meets each of the criteria required to be addressed in the Preliminary Application PDD Special Permit Application: 1. Encouraging the most appropriate use of land: The historic mill buildings already occupy the land and this proposal simply transforms and enhances the use of the buildings consistent with the PDD Zoning Bylaw requirements. Further, the most appropriate use for the street level office space along High Street is retail space that can serve the community and bring activity to the public spaces around the site. Contemplated uses include a 3,000 s.f. restaurant, along with a plan to market the remainder as other mixed-use amenities (cafe, gym, etc.) consistent with the Zoning Bylaw, The 20,000 square feet of vacant office space designated for the first phase of residential conversion is accessed from Water Street and provides efficient loft living with most apartments having views of the mill pond to the rear of the Property. In addition, the loft-style apartments are located on upper floors in order to preserve the marketability of the commercial space on the lower levels. i These uses are in line with the stated goals of the PDD and with the trends in urban planning that encourage first-floor retail with office and residential above. Given the market difficulties in securing large offices users for commercial sites in established residential neighborhoods, we believe a mixture a of uses is most appropriate for the East Mill in order to create a vibrant and } diverse downtown area. 's ¢ RCG NORTH AN©OVER MILLS, LLC Page 6 of 10 illWrEAST MILL I I . $ sit N N OM I A 4 1 5)V t 4 AUGUST 17,2007 2. Preventing overcrowding of land: The Project does not include construction of any new buildings, and so no overcrowding of land would occur. 3. Conserving the value of land and buildings: The residences and retail spaces will not only re-activate the empty spaces in the building, enhancing its value, but will preserve the historic structures that comprise the former Davis & Furber Machine Shops as part of the Machine Shop Village area. 4. Lessening congestion of traffic: While the retail businesses will attract new customers to North Andover and to the downtown area, vehicle trips will occur at different times from typical office traffic, creating less traffic during the weekday "rush hours," and new uses in proximity to existing residential and commercial uses will serve to encourage greater pedestrian foot traffic. See Exhibit K for a Traffic Memo prepared by Design Consultants, Inc. 5. Preventing undue concentration of population: The Project site is an appropriate site to add population concentration because of the existing infrastructure, proximity to local businesses, and an underutilized pedestrian environment. The twenty (20) residential units, which are likely to have 1-2 residents each, should not create any undue impact on Town services. b. Providing adequate light and air: The Project includes penthouses to be added on top of one building, which will result in negligible impact to the available light and air on the site and in the surrounding neighborhood. 7. Reducing the hazards from fire and other danger: While the retail and residential uses will add certain new facilities, these j uses will involve less intense hazards than the intensive manufacturing uses j I RCG NORTH ANDOVER MILLS, LLC I Page 7 of 10 i I— EAST 1- 011 �I 0 gig I I MILL AUGUST 17, 2007 historically located at the Property, as well as less intensive uses than what the current Zoning Bylaw allows under the Industrial S (I-S) Zoning District. 8. Assisting in the economical provision of transportation,water, sewerage, schools, parks and other public facilities: The new uses will add value to the existing buildings, which have sat largely vacant for a number of years, and will contribute to the increase in business of nearby retail uses in the downtown area. The Town will benefit in the form of increased property taxes, which in turn can be used to enhance services. Based upon our experience with developing similar mixed-use communities, our loft apartments do not attract families with school-age children, and therefore should not increase the impact on the school system. In addition, we intend to fund the proposed Project street improvements, which will offset the potential costs of providing a safe transportation environment. 9. Controlling the use of bodies of water, including watercourses: The Project does not impact any bodies of water, and Phase One will involve no work in wetlands or adjacent buffer zones as defined under the State Wetlands Protection Act and the North Andover Wetlands protection Bylaw. 10. Reducing the probability of Iosses resulting from floods: The Project will not affect the probability of losses resulting from floods. 11, Reserving and increasing the amenities of the Town: Our research shows that the Town is underserved with neighborhood retail and that this re-use of space will increase the amenities for Machine Shop Village residents and visitors who will have new outlets for dining, shopping, recreation and/or personal services. In addition, we believe the mixture of uses will create a constant presence on site, improving safety and enlivening the downtown area. _PDD.. SPECIAL. M[T (GENERAL)t „ ORAL) CRITERIA (Section 10.31) Section 10.31 of the Zoning Bylaw provides that the Planning Board shall not approve any such application for a Special Permit unless it finals that in its judgment all the following conditions are met. The following lists the criteria and how these criteria are met. RCG NORTH ANDOVER MILLS, LLC Page 8 of 10 EAST MILLb1 wO , ! III r;t:zrrr A'rntyvI AUGUST 17, 2007 a. The specific site is an appropriate location for such a use, structure or condition. As the property is zoned for retail and office use, the site is an appropriate location for the proposed Project. The site design complements the surrounding uses and provides for sufficient traffic and circulation improvements, as well as sufficient water, sewer and other utilities. b. The use as developed will not adversely affect the neighborhood character. The Project provides appropriate building, landscaping and screening setback from the adjacent properties. There will be no change in the architectural style of existing buildings, and the use is well suited for its proposed location. C. There will be no nuisance or serious hazard to vehicles or pedestrians. Existing access points to the Property are adequate to serve the proposed uses. d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Project is adequately and appropriately serviced by existing municipal water and other utilities that adequately address the needs of the Project. e. The use is in harmony with the general purpose and intent of this Zoning Bylaw. In addition to the reasons described herein and as shown on the Site Plans and other information submitted as part of this Application, the proposed use is in harmony with the general purpose and intent of this Zoning Bylaw for the following reasons. First, the proposed uses are permitted under the PDD provisions of the Zoning Bylaw, and will serve to provide a mix of uses consistent with the Town's objectives in the Machine Shop Village area. Second, the proposed uses will further provide for pedestrian amenities to complement the surrounding uses. Third, the project will enhance the aesthetics of the Property with new streetscape amenities, landscaping and screening. Fourth, the RCG NORTH ANDOVER MILLS, LLC Page 9 of 10 EAST MILL I I d Alit N N O; j I� A y n 0 V t AUGUST 17, 2007 Project will help return a largely vacant and unused property back into productive use, and will provide an important source of new tax revenue to the Town. Fifth, based upon the Applicant's experience with similar facilities, the off-street parking provided is adequate to serve the uses of the property in a safe and effective manner. Lastly, the project, as shown on the Site Plans, will serve to provide additional downtown activity consistent with the Towr s efforts to reinvigorate the downtown area. For these reasons, all of the proposed improvements and enhancements noted herein are in harmony with the general purposes and intent of Section 1 ("Purposes") of the North Andover Zoning Bylaw. Request for a Hearin In accordance with the provisions of Sections 11 and 10.3 of the Zoning Bylaw, the Applicant requests a hearing on the Definitive PDD Plans which we understand would be held on September 18, 2007. Please advise if supplemental reformation will be necessary or if you have any questions. Sincerely, �' � P � David teinbergh Manager RCG North Andover Mills LLC RCG NORTH ANDOVER MILLS, LLC Page 10 of 10 J., MOLAK & VAUGHAN '1: 9 , -3 s-5211 c, z sg. �f: 97R-327-;�1 5 f-, 978-327-;.?f 9 C.3 i.alcriisanol4l:v a,"hall xo l September 18,2007 BY HAND Richard A.Nardella,Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover,Massachusetts 01845 Lincoln Daley,Town Planner Town of North Andover 1600 Osgood Street North Andover,Massachusetts 01845 RE: Application for Site Plan Review Special Permit Property: 21 High Street Owner/Applicant: RCG North Andover Mills LLC-Supplemental hformation and Waiver Request Dear Chairman Nardella,Other Board Members and Mr.Daley: On behalf of the Applicant,RCG North Andover Mills LLC,the following information is intended to supplement the Applicant's Site Plan Review Special Permit application filed with the Board. As required under Section 8.3(5)(e) of the Zoning Bylaws, the Applicant provides the following information: xxii) FISCAL IMPACT; Projections of costs rising from increased demand for public services and infrastructure;provisions of benefits from increased tax revenues, employment and infrastructure improvements;and impacts on adjacent property values. The proposed mixed use Project is located within a previously developed mill complex which has existed for many years,and which is now approximately 75% vacant. Since existing water,sewer and other infrastructure are adequate to service the existing facilities, the Project is not expected to increase demand for public services and infrastructure.On the other hand, the Project retail component will add to the Towns tax base by providing new tax revenues to the Town. Given that the residential units will be limited to two bedrooms,the residential component will likely result in a positive net fiscal benefit to the Town, Accordingly, the Project will result in a net positive fiscal impact on the Town. 6 P a f P P P East NMI,21 High Street,Suite 301,North A,adover, MA 01845 «'WW.SM0LAKVALGHAN.00M I. SMOLAK & VAUGHAN LLP September 18,2007 xxiii) COMMUNITY IMPACT: Analysis of the projecVs impact on the surrounding neighborhood in terms of architectural consistency,pedestrian movement and overall character; impacts on nearby historic structures or site; and an evaluation of the proposed projecVs consistency and compatibility with existing local and regional plans. The Project is expected to enhance the site and surrounding area in a number of ways. First,the Project will be undertaken within existing buildings and will be consistent with existing architectural design of the Machine Shop Village area. Second,pedestrian movement and circulation will be enhanced by the proposed additional of new crosswalks along High Street,along with sidewalk improvements shown on the Site Plans. Third,the Applicant has been working with its historic preservation consultants to ensure that the Project will result in no impacts on nearby historic buildings as the Project work will be consistent with architectural design. Lastly,the Project is consistent with the Town s Community Development Plan as the Project provides a mixed of residential and commercial uses,and fulfills an important need to provide market rate rental housing to the Town. In addition to the information provided above, the Applicant respectfully requests the Board to grant the following waivers as specific information otherwise required under the Zoning Bylaws is not necessary to the Board's decision on this matter: I. Stormwater Drainage Calculations Section 8.3 5 e vii -Waiver requested since no significant work being performed which impacts stormwater design for the Property. 2. Drainage Basin Study _(Section 8.3(5)(e xviio Waiver requested from the preparation of a detailed hydrology study for the site, given that work will involve existing buildings and no new stormwater impacts are anticipated to occur. 3. Traffic Impact Stud Section 8.3 5 e xix -Waiver requested from requirement to undertake full traffic impact study. Applicant has prepared a traffic letter report through the Applicant's traffic consultant. Sincerely, John T.Smolak 7TS/ 1 Exhibit C Preliminary Plan Approval i r P a H 6 gF k i R I E g Na�r� O tsL�b ,b�H 01 � b* COCNf�NiKw y1• p0 �cHus "ll Ur S ir' �1ORTH 101DU -' '' PLANNING DEPARf t�' %'t;`ia�irk Community Development Division RCG North Andover Mills, LLC. r� 17 Tvaloo Street I , Somerville,MA 02143 August 7, 2007 NOK�N t� ACMN� p�p,Nc]1NG D RE: RCG North Andover Mills, LLC. Preliminary Planned Development District Special Permit At the August 7, 2007 Planning Board Meeting, the Planning Board approved the conversion of approximately 35,000 s.f of existing office space to 15,000 s.f of retail space and twenty(20) l- and 2-bedroom apartments. The proposal represents the first phase of a multi-phased mixed-use development referred to as the East Mill, located on 21 High Street (formerly known as One High Street)and designated on the Town Assessor's Map 69, Lot 0001 in the Industrial S Zoning District. The application was submitted by David Steinbergh, .RCG North Andover Mills, LLC. on June 15, 2007. b North Andover Planning Board Richard Nardella, Chairman John Simons, Vice Chairman Richard Rowen, regular member Jennifer Kusek, regular member Timothy Seibert, alternate member Town of North Andover, 1600 Osgood Street,Bldg.20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9535 tax 978.688.9542 Web www.towoofnorthandover.com 's 3 Findings-of Fact The Planning Board makes the following findings relative to this proposed Preliminary Planned Development t)istrict plan: 1. The Preliminary Plan adheres to the standards and requirements indicated in Section 11.3.2 Contents of Preliminary Plan of the Town of North Andover Zoning Bylaw Amended July 10, 2006. a. The Plans sufficiently show the Planned Development Boundaries,north point, date, scale,legend, and title "Preliminary Plan: Planned Development:"the name or names of applicants, and engineer or designer. b. The Plans show the names of all abutters, land uses, and approximate location and width of all adjacent streets. c. The Plans show the existing and proposed lines of streets,ways,easements, and of any public areas within or next to the Planned Development. d. The Plans show the approximate boundary lines of existing and proposed lots with approximate areas and dimensions. e. "The Plans show the proposed system of drainage, including adjacent existing natural waterways and the topography of the land in a general manner. £ The Plans show the existing and proposed buildings, significant structures and proposed open space in a general manner. g. The Plans show the a description of the neighborhood in which the tract lies, including utilities and other public facilities and the general impact of the proposed PDD upon them. 2. The Preliminary flan adheres to the standards and requirements indicated in Section 11.4 Minimum Requirements of the Town of North Andover Zoning Bylaw Amended July 10, 2006, a. The project will provide for a mixture and diversity of retail, residential, and other uses which will enhance,the livability and aesthetic qualities of the Machine Shop Village and neighboring downtown areas. Further,the project will promote the efficient use of land while protecting the natural environment. b. The project will utilize existing vehicular entries and exits and on-site parking areas, which will result in no hazard to vehicles and pedestrians. c. Adequate parking facilities exist for the proposed uses as part of the project. d. The project will be located primarily within the existing buildings. As such, there will be no visual impacts,which would be incompatible with the historic nature of the neighborhood. c. The project will have no impact on the natural environment. As the applicant followed the procedures and provided the information required by the Sections 11.3 and 11.4by the Findings of Pact the Planning Board herein APPROVES this application for a Preliminary Planned Development District Special Permit. 3. The following materials and plans are included as part of this decision: Town of North Andover,1600 Osgood Street,Bldg.20,Suite 2-36,North Andover,Mossodusetts 01845 Phone 478.688.9535 Fax 418.688.4542 Web www.townoborthandovemom Reports titled: Application for Preliminary Plan Approg4jj,:;fbr'Pl I,� j District(PDD) Special Permit 1IPPyeIopment Prepared for: RCG North Andover Mills, LLC. 2001 AUG "9 PH 4; 01 17 Ivaloo Street Somerville,MA 02143 i 0 t!111 (,i" Prepared by: RCG North Andover LLC. I~c31 f H AIND10 E 17 Ivaloo Street Mills, MASSAC1,;)$w7' £; Somerville,MA 02143 Dated: June 15, 2007 Appendix: A - J Plan titled: North Andover Mills Prepared for: RCG North Andover Mills, LLC. 17 Ivaloo Street Somerville, MA 02143 Prepared by: Khalsa Design, Inc. 17 Ivaloo Street Somerville, MA 02143 Dated: June 15, 2007 Sheets: A-020, A-103,A-103.5, A-105 cc: Planning Department Town Clerk Building Department Town of North Andover, 1600 Osgood Street,Bldg.20,Sure 2-36,North Andover,Mossochusetis 01845 Phone 978.688,9535 fox 978.688.9542 Web www.townolnorthundover.com Exhibit D Definitive Plan — Planned Development Exhibit B Deed Upon recording,return to: Marjie C.Nealon, Esq. Bilzin Sumberg Baena Price &Axelrod LLP 200 South Biscayne Boulevard � NSO Suite 2500 Miami, FL 33131 r� ��� ,�-� loll QUITCLA DEED �11NG p�P FUCMS 2000-C2 ANDOVER MILLS, LLC, a Delaware limited liability company, whose address is c/o LNR Partners, Inc., 1601 Washington Avenue, Suite 700, Miami Beach, Florida 33139, for consideration of Nine Million and No/100 U.S. Dollars �- ($9,000,000.00) paid, grants to RCG NORTH ANDOVER MILLS LLC, a Massachusetts limited liability company, whose address is 17 Ivaloo Street, Suite 100, Somerville, Massachusetts 02143, with quitclaim covenants, the land described on the attached Exhibit A. WITNESS our hand and sea] this-4,?� day of January, 2007. FUCMS 2000-C2 ANDOVER MILLS, S5� LLC, a Delaware limited liability company By: LNR Massachusetts Partners, Inc., a Massachusetts corporation, its i manager By: ayes ' (SEAL) Name: Steven 1J. Ferreira Title: Vice President C' By: ,d-G----- Name: Mzrg ret Jor an Title: Treasurer [NOTARY ON THE FOLLOWING PAGE] Return to:Beth Harrington CHICAGO TITLE LNSM%NCE COMPANY 75 Federal Street,41la Floor Boston,Massachusetts 02110 (017)210-0750 MIAT\91 1244461.1 7249626275 ff r MASSACHUSETIS S_MTE. T(,,X FsE,rL%( H r)P 1;h R,F) r DM, r) STATE OF FLORIDA 2696 SS. COUNTY OF MIAMI-DADE On this 17 14) day of January, 2007 before me personally appeared Steven D. Ferreira, who, being by me duly sworn, did say that he is the Vice President of LNR Massachusetts Partners, Inc., a Massachusetts corporation, and acknowledged such instrument to be his free act and deed on behalf of said corporation as manager of FUCMS 2000-C2 ANDOVER MILLS, LLC, a Delaware limited liability company. He is personally known to me or presented a Florida driver's license as identification. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year last above written. TAR DAN IKA ft.NO I F4" "SS Notary Public-$Iola of Florida My Commission Exoss Nov 27.2010 Notary Public Commission# DO 611902 80n4 My Commission Expires: Bonded TtWoUgh National NotaryAttn, —I— — — — 11).2.'7j STATE OF FLORIDA ) SS.: COUNTY OF MIAMI- DADE On this 7 rt`day of January, 2007, before me personally appeared Margaret Jordan, who, being by me duly sworn, did say that she is the Treasurer of LNR Massachusetts Partners, Inc., a Massachusetts corporation, and acknowledged such instrument to be her free act and deed on behalf of said corporation as manager of FUCMS 2000-C2 ANDOVER MILLS, LLC, a Delaware limited liability company. She is personally known to me or presented a Florida driver's license as identification, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. DANIKA R.NOTAR yp "o"offi- �!Kfev Notary public-State of Florida Notary Public My Comimissian EKpl(es Nov 21,2010 My Commission Expires: !Eir Commission# Do 6171)02 Bonded7h(ough National Notary Assn. I 27 0 MIAN11 1244461.1 7249626275 2 EXHIBIT A LEGAL DESCRIPTION 11000.QWWn povels of land,to e#fter with tho 1 % � roveme»te thereon,situated iu I►*h. A�d4ver,Essex County,Ivla�achuseus and Aumn oupxaa ofland enStIOd'TJan ofLv d i� ' N*"h Aradovexy B"ex Cotwty,Mass =er(u Vparrd Ir the Dais and Fm-bar minehino Inc,dated Ap�tl? , 1981,PmParcd by Pembrvkt Land Smv y.Co.,retarded with t<�c�� North Dfcbdct RfgIStry oMM6 PS Plan Numbca-s 9276 140ta 9279 of 19V'bounded tmd deecrfbed u Mxms; J?ARC= L OM NORT WESTj3RLy by Mgh 81=k 789.12 NOR1'17�RI.Y by had Ar�wn nu said plan as of Boston 4W Maine Cwpormtlon, 1091.01 feet; SC)UnMMTERL :by land rmerly ofDavis and FvrWr h►wAine Commy 9*hmn on Wd PlAn as of mmon trdnMn,70.00 f'eot; 21ORT- WTF-Uy:by the aama uud by tcmd jam oat fbrmerty of V#I1ag.e Lmd CO'Wany►by a eurf•ed LhIO ranting through the brook flow4 foam the hMI Pond W",thoWn on said plan,menwing 173.00 feet, more or Iesa; SOUTHEASTERLY: by said Iw d IW'Iv flr fbrmerly ufV3,llaVr Land Company,by two IWQ4 n*asuring,respocdvalyy 45.00-15ee4 more or less, and 28.60 foot; SOVTIfWRSTBRLY:by the crane,by a curved tine tmmfug parallel to d 75_40 feet fivkn taw vcaW Jine of said brook; SOVIMAS'I` RLY:by the same,83.00 feet; SOL17C PMTERLY.by land shown on said plan as of QW.-uWan,80.00 foot; SOUTHRASTERLY;by Bald land of GmmlguNian and by land shown on said plan as of -06w,gs, 173,00 fret; BO7J Tt3M'i HlkLY;by undo shown on tald pinnn as of Swmy,Chamba'land,Tonisi and Main,273.20 feel; SOUTHEAS MLYt by amid laird of Main,27.29 fast; SOLT1RWMP,RLY:by said 14M of Mahn and by lmwds shown otl said plrai as of Petrow• and Eldredge,220.00 fcct; suu.rAASTRRLYt byMd land of Eldredge,43,00 Tsar;and SOU•fHWIRSTMLLY.,by Water Street,421,05 feot. Contalning 13.5=m of 1smd acu ut&LB to said pltw,togctbor with i mmoh rigbt to we a driveway W is mzppWtOm=thereto as reserved fit:four certalr3 deccis recorded with sold Aeeft In mweWvely,Xwok 1197,peps 295;Bonk 1207,Pav 142,Book 12.Z7,Pago 268;and Book 1230, page$3, and as shown on a plan r=m-dW whit said Docds u Alen No.6591, PARCZLTWO NOMWESTERLY ANA Nt 7� .Y;by Prcwoit Stmot,by two lines mossnriag,reapeotively,1 5 s.sx ' fcd'and 213,45 Pteti . BAST LY. by!mend shown on aeirld plan ae of Waldred, 14S.00 feet; NORTIffitLY by smad land of Weldrod and by land elmown an said plan as of Roddon,by two Hoes mouurh g,respectively,85,05 !het iknd 99.g4; EASTERLY by lmtrd alsown on said plan ofCarse,73.07 feet; Nf)AMMY by said land of Cu a,131.81 feet; SOVTHBA.bTMZLYt by land shown on said plan as of Chickering Asuou►kt,�s,.543.17 8QUTHW,!!JRRLY:by 1wd shown on said plan as of 13osttm amid Maine Cmpmdou 728.25 tort; NOMWESIFwly by said land of Boston and Maoc Corporation, 2908 mot; SOUTHW-ESr'B1'LY by said hnd ofBoalnn and MftinO Corporation 1t72.10 feet and NU1tTHWESTERLYtby the in imc;bon,ofdic aido linca of Mgh Street and Yreacott Strut,by a Lwvt;d line mcnsufizg 5 1.91 feet;` CDntW.tfmg 5.377 acme of laud smur4ag to acid plea. PARCEL nDiTE 'rice prumisew shavm as Sedan No. 1 and Station No. 14 bctwOw Station 985+40,1 and Station 1004+81.6.On aPlam cufi0ed' gh1 of Way cmd Traci Bort+on and Mglrr R.-Wro ad"dzied Amr.30, 1914,revised to PebruW 1, 196(),prepared by the Once of V;audtjLm Bn�nc�r, l3ostc�u,M�sat,�uaalts(thc`�tailroad Y1an'�