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HomeMy WebLinkAbout2007-05-17 Decision SPR i µ4RYk '`'° Town. of North .Andover F . s Office of the Planning Department/ 7 ::'!-7u's of 'lcl Community Development and Services PRIM AM 10: Oa 1600 Osgood Street s�c+�usa North Andover, Massachusetts 01945 NORTH T IS ?NOTICE OF I? ASS } ;; � , -- Any appeal shall be filed within(20)days after the date of filing this notice In r� the office of the Town Clerk. l Date: May 17,2007 Date of Hearing:3/6/07,4/3107,5/1/07 Date of Decision: May 112007 Petition of: San Lau Realty Trust 109 Main Street,North Andover,MA 01845 Premises Affected: 109-123 Main Street, North Andover, MA 01845, within the General Business Zoning District,Assessors Map 28,Parcel 48. Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A, Sec. 9 So as to allow: the renovation and reconstruction of the existing retail shopping center("Messina Plaza") totaling 52,198 s.f, construction of a 208+- sX kiosk, drive-through facilities, parking, utilities, walkways, site lighting, landscape improvements, and other improvements within the General Business Zoning District. After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE A SITE PLAN SPECIAL PERMIT based Upon the following conditions: North Andover nning Boa d Richard Nardella, Chairman John Simons,Vice Chairman Alberto Angles, Clerk Richard Rowen Jennifer Kusek Tim Seibert, Alternate cc: Town Departments Applicant Engineer Abutters ATTEST, This is to ceMfy that twenty(20)days A Trite Copy have elapsed from data of dedelon,Mad � without aline of an pea. 17eto Torun Clerk Jaya&a 'ihAW Town Olerk i 109-123 Main Street—San Lau Realty Bk 10802 Pg 305 #18 92 8 Map 28,Parcel 48 Site Plan Special Permit May 1,2007 Upon a motion from John Simons and 2na by Alberto Angles, the Planning Board herein approves the Special Pennit/Site Plan Review for the renovation and reconstruction of the existing retail shopping center(referred to as"Messina Plaza")totaling 52,198 s.f,208 s.f.Kiosk,accessory drive-through facilities,parking,utilities,walkways,site lighting,landscape and other improvements shown on the "Plans"as defined below. The project is located in the General Business Zoning District and is located on real property shown on the North Andover Assessors Maps as Map 28, Parcel 48,and consists of approximately 145,893 s.f. (3.348 acres)of land with frontage on Main Street, School Street and First Street.The Special Permit was requested by the Applicant,San Lau Realty Trust, 109 Main Street,North Andover,MA 01845. This application was filed with the Planning Board on January 19,2007. The Applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A,sec.9. The Applicant has filed with the Planning Board all plans and reports required under the North Andover Zoning Bylaws, including but not limited to the information required under Section 8.3 and 10.31 of the North Andover Z€ining Bylaws. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board,the Board's peer review consultants, and by the various departments within the Town of North Andover that reviewed the project. All of these plans,reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3,as well as Section 9 of M.G.L.c.40A: FPMINGS OF FACT: 3) The specific site is an appropriate location for the project as it is located in the General Business Zone and involves the construction of permitted uses within those zones. Specifically the General Business District permits both"retail stores and wholesale stores,as well as"restaurants,dining room or lunch room". (Section 4.131.1.and 4.131.5 of the Town of North Andover Zoning Bylaw]. Presently,the site contains approximately 52,128 square feet of retail,restaurant,grocery,and professional office space. The project as proposed will not substantially increase the size of the existing building or provide for significant change of use. Further,the site will operate generally consistent with the existing site conditions,with a substantial improvement to the architectural facades,walkways, parking layout,traffic circulation and design, lighting,and landscaping. 4) The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. All plantings and screening depicted on the approved plans referenced herein,shall remain in perpetuity over the life of the project. a, Frontage of Proposed Development: Extensive landscaping has been provided along the perimeter of the site fronting Main Street,First Street,and School Street. The landscaping has been placed so as to enhance the downtown character, improve the visual strectscape elements, and soften the impact of the parking area supporting the retail plaza from Main Street and First Street. 1. Shade Trees. There will be a total of eight(8)Little Leaf Linden trees(2.5-3 inches in caliper)and a total of two(2)Callery Pear trees(2.5-3 inches in caliper). 2. Ornamental Trees:The ornamental trees include a total of three(3) Shadblow Serviceberry 2 ruY-UJ main Street--San Lau Realty Bk 10802 Pg 306 #18 92 8 Map 28,Parcel 48 Site Flan Special Permit May 1,2007 trees(which will range between 8-10 feet in height),and a total of three(3)Heritage River Birch(clump) (which will range between 10--12 feet in height). 3. Shrubbery: A large amount of shrubbery has been dispersed between the shade and ornamental trees that includes a total of twenty-seven(27)PJM Rhododendrons(which will range between 2-2.5 feet in height),a total of eighty-two(82)Sargent Junipers(ranging between 15-18 inches in height),and a total of eighteen(18)Boule De Niege Rhododendrons (ranging between 2—2.5 feet in height), and a total of ninety-three (93)Inkberry shrubs (ranging between 18-24 inches in height). 4. Perennials: A large amount of perennials have been dispersed between the shade and ornamental trees that include a total of two-hundred (200)Black Eyed Susan plants,and a total of two-hundred(200)Daylily plants. b. Residential Abutting Property: Special care has been taken to carefully screen all residential abutting property directly across from the proposed development. 1. Specifically,landscaping facing the residential properties located across from the drive- through facilities from Assessor's Map 29,Lots 6& 14,and Assessor's Map 18,Lots 44& 70 which includes the following:three(3)Heritage River Birch(ranging from 10— 12 feet in height),two(2) Little Leaf Linden(ranging between 2.5—3 inches in caliper),twenty-four (24)PJM Rhododendrons,and a forty-two(42)inch post and rail fence. 2. Specifically,a 6-foot vinyl fence along the entire rear boundary in front of the residential property Assessor's Map 18,Lot 0. 3. Specifically,landscaping along the southern comer where additional plantings were provided across from the residential properties Assessor's Map 30,Parcel 5 and Assessor's Map 19, Parcel 9 which include the following: four(4)Callery fear(ranging between 2.5--3 inches in caliper)and twenty-nine(29)Eastern Red Cedar(ranging from 5—6 feet in height. 5) There will be no nuisance or serious hazard to vehicles or pedestrians.The proposed parking lot design and access/egress drives provide for adequate internal and external traffic flow,safety,and sufficient pedestrian connections throughout the project,and will not result in a significant increase in vehicle trips from the site. 6) The landscaping approved as a part of this plan generally meets the requirements of Section 8.4 of the North Andover Zoning Bylaw,except as described in Paragraph 8 below for which the Applicant has sought a variance described in a separate petition currently pending before the Zoning Board of Appeals.Notwithstanding the variance petition,the Planning Board has determined that the site plan meets the spirit and intent of Section 8.4 of the North Andover Zoning Bylaw. See Binding#2 for finther detail on the landscaping plan; 7) The site drainage system has been reviewed by the Outside Consulting Engineer,Vanasse Hangen Brustlin,Inc. No significant changes are proposed for the site regarding drainage facilities or impervious areas. 8) The Applicant has met the requirements of the North Andover Zoning Bylaw for Site Plan Review, including all filing requirements as stated in Sections 8.3 and 10.31 of the Zoning Bylaw. 9) Adequate and appropriate facilities will be provided for the proper operation of the proposed use,and the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will provide for municipal water, sewer and utilities on the property to adequately address the needs of the project. Furthermore,the redesign and reconstruction of the retail plaza contains architectural 3 109-123 Main Street—San Lan Realty Bk 10802 Pg 307 #18928 Map 28,Parcel 48 Site Plan Special Permit May 1,2007 elements and treatments that are present in traditional town centers and improves the aesthetic integrity of downtown North Andover. The storefronts and side facades contain numerous pedestrian scaled elements that provide for improved visual and physical access to the goods and services within the plaza.The project also contains a tasteful lighting plan throughout the site to enhance the pedestrian village feel of the project and downtown area while maintaining sufficient lighting to protect the health and welfare of residents. Finally,the Applicant incorporated visual buffering and sound dampening measures for the roof utilities to help mitigate the impact on the neighboring residential properties. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3 and 10.31 but requires conditions in order to be fully in compliance. The Planning Board hereby unanimously votes to both grant the requested waivers as described in the Applicant's application,and also unanimously votes to grant approval of the Applicant's proposed project as described in the"Plans"and other supporting information described in the public record,provided the following conditions are met: SPECIAL CONDITIONS: 1) Permit Definitions: a) The"Locus"refers to the 145,893 s.£parcel of land with frontage on Main Street,First Street, and School Street,as shown on Assessors Map 29,Parcel 48,and also known as 109-123 Main Street,North Andover,Massachusetts. b) The"Plans"refer to the plans prepared by Marchionda&Associates,LP,62 Montvale Avenue, Suite One, Stoneham,MA 02180,dated October 31,2006,Revised 12/5/06, 1/17/07,and 4/9/07, entitled"Site Plan Review&Special Permit Application.Plans For:Messina's Shopping Center, North Andover,Massachusetts"C-1 through C-5,L-1 through L-3,Ex1.1,Exl.2,Ex2.1,ALL, A1.2,A2.1,and A2.2. c) The"Project"or"109-123 Main Street"refers to reconstruction of the existing retail shopping center(referred to as"Messina Plaza")totaling 52,198 s.f,208 s.f.kiosk, drive-through facilities, parking,access/egress drive,utility,walkway,site lighting, landscape and other improvements shown on the Plans. d) The"Applicant"refers to San Lau Realty Trust,the applicant for the Special Permit. e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the Applicant,developer,and owner. f) Landscaping is to be planted on hill in front of property located at 22 School Street in accordance with the Landscape Plan. g) All artificial lighting used to illuminate the parking lot, loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls substantially within the parking,loading or driveway area,and shall be shielded or recessed so as not to shine upon abutting properties as demonstrated on the Photometric Plan. 2) Environmental Monitor:The developer shall designate an independent Environmental Monitor who 4 109-123 Main Street-•San Lau Realty Bk 10802 Pg 308 #18928 Map 28,Parcel 98 Site Plan Special Permit May 1,2007 shall be chosen in consultation with the Planning and Community Development Staff, The Environmental Monitor must be available upon four(4)hours notice to inspect the site with the Planning Board designated official, The Environmental Monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products if applicable. 3) Construction Monitor:The Applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four(4)hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail areas of non- compliance and actions taken to resolve such issues.The designated monitor may not be applicant and/or developer.The weekly inspections and monthly reports provided to the Planning Department shall include the following: a) Site clearing; b) Erosion control; c) Drainage and detention structures; d) On-site water and sewer utilities; e) Parking spaces and related pavement; f) Curb cuts; g) Retaining walls; h) Site screening, landscaping and street trees; i) Site restoration; j) Final site cleanup; k) The pharmacy dumpster shown on the Plans shall be screened at all times; and 1) Temporary storage of construction debris,dirt,and equipment. 4) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD,THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: .- a) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board, The final Plans shall be modified to include a Planning Board endorsement block and must be submitted for review within ninety (90) days of filing the decision with.the Town Clerk. Failure to submit and obtain Planning Board endorsement within the 90 day period will automatically cause the approval to become null and void. b) The final site drainage system must be designed in accordance with the Town Bylaw requirements and reviewed by the Division of Public Works. All storm water drainage control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown on the plan shall be submitted to the Department of Public Works for review and approval, Written confirmation of said review and approval by the Department of Public Works must be submitted to the Planning Department. c) A bond in the amount of fifteen thousand($15,000)dollars must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities,structures,curb cuts, parking spaces,topography,and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The form of security must be acceptable to the Planning Board, d) All site plan application and escrow fees must be paid in full and verified by the Town Planner. 5 109-123 Main Street—San Lau Realty Bk 10802 Pg 309 #1 S 92 8 Map 28,Parcel 48 Site Plan Special Permit May 1,2007 5) PRIOR TO THE START OF CONSTRUCTION: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. c) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition;of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. d) A pre-construction meeting must be held with the developer, their construction employees, Planning Department, Building Department, Town Engineer, and Police Department to discuss scheduling of inspections, the construction schedule, and the processlmethod of informing the public of the anticipated activities on the site. The applicant will also discuss the traffic mitigation and any possible road closures, which may occur as a result of the construction. The applicant will coordinate with the North Andover Police Department if the construction of the project necessitates Police traffic details. Minutes of the meeting must be submitted to the Planning Board prior to the start of construction. e) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all other North Andover Land-Use Boards or departments. In addition to receipt of these plans, the Applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans referenced in Condition 27. 6) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department. b) One certifced copy of the recorded decision must be submitted to the Planning Department. c) The project owner shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department. I. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Flans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 2. The fire lane located behind the portion off the building running parallel with School Street shall be striped as a Fire Lane in accordance with Fire Department specifications. . 6 109-123 Main Street—San Lau Realty Bk 10802 P9 310 #18 92 8 Map 28,Parcel 48 Site Plan Special Permit May 1,2007 7) DURING CONSTRUCTION: a) During construction,the site must be kept clean and swept regularly throughout the construction process. Dust mitigation,dewatering and roadway cleaning must be performed weekly,or more frequently as dictated by site and weather conditions and as directed by the Town Planner. b) The plans for the stockpiling of materials(dirt,wood,construction material,etc.)must be shown on a plan and reviewed and approved by the Town Planner. The developer will make every effort to locate stockpiles on the site and away from residential properties. Any approved piles must remain covered at all times to minimize potential dust and the project owner will be required to install appropriate erosion control measures to mitigate potential impacts to fake Cochichewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded. c) In an effort to reduce noise levels,the developer shall keep in optimum working order,through regular maintenance,any and all equipment that will emanate sounds from the structures or site. d) The Town Planner will perform bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 8) PRIOR TO`PURE ISSUANCE OF A CERTIFICATE OF OCCUPANCY., a) The Applicant must submit a letter from the architect and engineer of the project stating that the building,landscaping,lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively,the Applicant and/or property owner may provide a bond,determined by the Planning Board,to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to the use of the parking area. b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All Iighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site lighting plan. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense.The Applicant must submit a letter from the architect and engineer of the project stating that the building, signs,landscaping,lighting and site layout substantially comply with the Plans referenced at the end of this decision as endorsed by the Planning Board.All site lighting shall provide security for the site and structures,however, it must not create any glare or project any light onto adjacent residential properties. c) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR,Chapter 9 of the Massachusetts,State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The Applicant must then provide this certification to the North Andover Planning Department. d) Any and all signage plans for the site,which have been provided to the Planning Board during the site plan review process,were presented for the purpose of demonstrating signage,materials only. Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the 7 IUY-123 Main Street—San Lau Realty Bk 10802 Pg 311 #18928 Map 28,Parcel 48 Site Plan Special Permit May 1,2007 Town of North Andover Zoning Bylaw,as amended,and must be approved by the Building Department. In noway is the Project Owner to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. All additional permits must be obtained by the Project Owner prior to construction. 9) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. b) A final as-built plan showing final topography,the location of all on-site utilities,structures,curb cuts,parking spaces,and drainage structures and facilities must be submitted to the Planning Department.The Applicant must submit a letter from the architect and engineer ofthe project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 10) This Site plan Special Permit is conditional upon final approval from the Zoning Board of Appeals for dimensional Variances from the following: a) Section 7,Paragraph 7.3 and Table 2 for relief of Main and First Street front setbacks; b) Section7.3 and Table 2's Footnote 2 for relief from the requirements for an open and green landscape buffer; c) Section 8,Paragraph 8.1 (Off-Street Parking);and d) Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts). 11)All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 12)For all current and future uses within the plaza facility,the hours of operation will be during the hours of 7 a.m. to 11 p.m.seven days per week. The hours of operation of proposed kiosk will be 24 hours seven days a week. 13)Any plants,trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die shall be replaced immediately by the owner(if seasonally feasible). All plantings and screening depicted on the approved plans shall remain in perpetuity over the life of the project. Reasonable substitutions may be allowed as determined by the Town Planner,but size and coverage must be maintained throughout the duration of the project. 14)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 15) Gas,Telephone,Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 16)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 17) No underground fuel storage shall be installed except as may be allowed by Town Regulations. 8 1vy-1ZJ ntaiq Street--San Lau Realty Bk 10802 Pg 312 #18 928 Map 28,Parcel48 Site Plan Special Permit May 1,2007 18)The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 19)All snow storage is to be removed from the site within a seventy-two(72)hour period. The Owner will haul any required snow off-site to the extent that such accumulated.snow interferes with parking and access on the Property. 20)Tenants shall use diligent efforts to retrieve shopping carts from the common areas and return them to the designated areas specified by the owner. Project Owner will ensure that best efforts shall be made by all tenants to prevent the use of its shopping carts in the center from interfering with,the use of the parking lot. Present and scheduled removal must be complied with in order alleviate safety concerns. 21)The fourteen parking spaces located at the rear of the proposed building addition shall be designated as employee parking. 22)Truck deliveries for goods and merchandise shall occur only between the hours of 6 a.m.and I I p.m, seven days a week,Trash pickup from the dumpster shall be limited to between the hours of 7:00 am to 9 pm., seven days a week. The dumpster and dumpster enclosure shall remain closed except when trash deposit,removal and pickup operations are being conducted. Noise suppression and screening systems for the rooftop mechanicals,shall be constructed in accordance with the Plans. 23) The Planning Board requires that the project be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings and in strict accordance with all conditions contained herein. Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw.If the Town Planner in his/her sole discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 24)This Special Permit approval shall be deemed to have lapsed after May 1,2009 (two years from the date pernvt granted)unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 25)This Decision supersedes in its entirety, the Planning Board's Site Plan Approval Special Permit Decision,dated May 12, 1986,as revised by Site Plan'Modification,dated November 20, 1989. 26)Due to the absence of additional related parking,no new restaurant use shall by be permitted on the site without review by the North Andover Planning Board to determine if sufficient parking exists. The current 2,000 square foot restaurant footprint will be allowed as long as this decision is in full force and effect. 27) The following information shall be deemed part of the decision: Plan Titled: Site,Plan Review&Special Permit Application Plans,For: Messina's Shopping Center,North Andover,Massachusetts Prepared For. San Lau Realty Trust 109 Main Street,North Andover,MA O1845 Prepared By: Marchionda&Associates,LP 62 Montvale Avenue, Suite One 9 IUY-I;o Main Street w San Lau Realty Bk 10802 Pg 313 #18 92 8 Map 28,Parcel 48 Site Plan Special Permit May 1,2007 Stoneham,MA 02180 Scale: 1"=20' Date: October 31,2006,Revised 1215/06, 1/17/07,419/07,and 4/12/07, Sheets: C-1 through C-5,L-1 through L-3,Exl.1,Ex1.2,Ex2.1,Al.1,A1.2,A2.1,and A2.2. Plan Titled: Site Preparation Plan Prepared By: Huntress Associates,Inc. Landscape Architecture&Land Planning 17 Tewksbury Street,Andover,MA 01810 Pages SP-1,L-1,L 2,L-3 Date: Date March 7,2007 Revised 4/9/07, 4112/07. APPEAL: Any person aggrieved by this Decision by the Planning Board, if any, may file an appeal of this Decision by bringing an action within twenty(20) days after the Decision has been filed in the Office of the Town Clerk pursuant to Section 17 of Mass. Gen. Laws Chapter 40A. cc: Applicant Engineer File p _ w iq. 10